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Torture Photo Suppression Amendment Stripped From War Spending Bill

Late last week, I noted that the supplemental war spending bill had hit a significant snag on its way to conference committee after the Senate tacked on two controversial amendments. One amendment--with a price tag of about $5 billion--would open up a $100+ billion line of credit for the International Monetary Fund. The other--an amendment to the Freedom of Information Act authored by Joe Lieberman and Lindsey Graham--would have allowed the White House to suppress any photo related to detainee abuse taken after September 11, 2001.

The first amendment caused House Republicans to revolt--first because they claimed, misleadingly, that the money might have found its way to the pockets of terrorists; then, when that was rational was laid bare, for other reasons, which I'll get into shortly.

That defection, though, put the entire bill in jeopardy.

Progressives in the House were by and large opposed the supplemental spending bill from the start--way before the FOIA photo suppression amendment had been tacked on to it. Between the entire GOP caucus and House progressives, the bill stalled.

Until last night, that is, when Democratic leaders stripped the Graham-Lieberman provision from the bill--a bit of red meat to progressives meant to entice them on board. There's still a question, though, of whether that concession will be enough to get the funding passed. And, of course, Graham-Lieberman might well rear its ugly head at some point down the line. I'll have a detailed post for you later today with more on the back story and the political problems the IMF amendment is still causing the White House.


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If I'm not mistaken the IMF loan was a promise made by Obama when he met with others at the G20 summit. This IMF money was to help out third world countries that are being devastated by the global economic recession.

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That is correct, Mike.

I'll have more on the entire cluster f@&k later.

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I was not as upset as many others were when the Obama administration suppressed some of those detainee photos a few weeks back (if you want to know my reasons, Al Giordano's The Field had a post about it that pretty much summed up my thoughts at the time). However, it's pretty clear that if Obama wants to suppress photos, he's not really going to need Congress's help doing it. That amendment which would have modified FOIA seems totally unnecessary.

And who co-wrote the amendment? Why no other than Joe Lieberman! I think he's trying to set the record for most people on the internet simultaneously typing "Fuck you!" to him.

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This is a total misunderstanding of what happened. Obama does not get to decide whether to release photos, he is bound by the terms of the FOIA. This means it is the courts that decide whether the photos are released, not Obama. When Obama "decided to release" the photos originally, the "decision" was only that his administration would comply with a September appeals court ruling that the photos should be released-- I.E., Obama was being forced to release the photos and all he did was decide not to fight it. When Obama "suppressed" the photos a couple weeks ago on the other hand all he actually did was decide to appeal to the supreme court after all. Even once he decided to fight it though Obama does not have the ability to decide whether the photos are released, it is ultimately the Supreme Court's decision and all Obama has the power to do is ask the supreme court to accept his reasoning why the FOIA shouldn't apply. Because his reasoning on this point seems very weak, I think it is very unlikely Obama will succeed in preventing the release of these photos. The Lieberman-Graham amendment was the only real way to stop the photo release, and the amendment's defeat (assuming it's really dead) is a real win.

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*waves a tiny american flag*

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