Ex Post Facto

Okay, I'm a bit behind on things, but Lindsey Graham and Joe Liebermann are complete tools.

They seem to have fallen in with the "If we did it, we needed to at the time and besides it's in the past" crowd.

They're pushing the Orwellian named Detainee Photographic Records Protection Act of 2009.

And by protecting, they mean that we are being protected from knowing what was done.
Which is a very wordy way of saying cover up.

I get that there are people out there who think that these pictures will cause problems for us. I get that. But that's like the criminal saying we shouldn't look into his car because he might go to jail for what's in his trunk.

Obama's all for it, apparently.Perhaps he's glad someone else is stepping forward so he doesn't have to.

These pictures have been ordered released by the courts, now the rules will be amended to undo that ruling. Retroactively.

Here's the language of the act:

(b) Definitions- In this section:

(1)COVERED RECORD- The term ‘covered record’ means any record--

(A) that is a photograph that was taken between September 11, 2001 and January 22, 2009 relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States; and

(B) for which a certification by the Secretary of Defense under subsection (c) is in effect.

(2) PHOTOGRAPH- The term ‘photograph’ encompasses all photographic images, whether originals or copies, including still photographs, negatives, digital images, films, video tapes, and motion pictures.

(c) Certification-

(1) IN GENERAL- For any photograph described under subsection (b)(1)(A), the Secretary of Defense shall certify, if the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, determines that the disclosure of that photograph would endanger--

(A) citizens of the United States; or

(B) members of the Armed Forces or employees of the United States Government deployed outside the United States.

(2) CERTIFICATION EXPIRATION- A certification submitted under paragraph (1) and a renewal of a certification submitted under paragraph (3) shall expire 3 years after the date on which the certification or renewal, as the case may be, is submitted to the President.

(3) CERTIFICATION RENEWAL- The Secretary of Defense may submit to the President--

(A) a renewal of a certification in accordance with paragraph (1) at any time; and

(B) more than 1 renewal of a certification.

(4) CERTIFICATION RENEWAL- A timely notice of the Secretary’s certification shall be provided to Congress.

(d) Nondisclosure of Detainee Records- A covered record shall not be subject to--

(1) disclosure undersection 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); or

(2) disclosure under any proceeding under that section.

(e) Nothing in this section shall be construed to preclude the voluntary disclosure of a covered record.

(f) Effective Date- This section shall take effect on the date of enactment of this Act and apply to any photograph created before, on, or after that date that is a covered record.

There are smarter people than me spelling out what's wrong with this law, but here's my bullet list:

1) It retroactively undoes the rulings of the federal courts (nothing new here, but when there is the likelihood of wrongdoing, it smells pretty bad.)
2) There's no oversight. The SecDef gets to designate any photograph taken between September 11, 2001 and January 22, 2009 as off limits to the public. They have to say that it will endanger the troops, but there is no independent arbitrator of their assessment. They say so, it's secret for three years.
3) It can be renewed indefinitely. This makes the records secret until somebody forgets to keep them secret.

I'm just flat out disgusted with the new administration for not publically opposing this piece of legislative dung.