Who is this award named for? Judge Elihu Smails, the character in the film Caddyshack who asks of the obnoxious but lovable Al Czervick (played by Rodney Dangerfield), “Good Lord, what has this buffoon done now?”
And I want to Second what Pat has to say here before going into the stupidity of this
Please don't think that we believe evidence of "torture" should not be given to the American public, or that the government has a right to hide information. However, in this case, the photos being released add nothing new to the stories about Abu Ghraib that have already been written (over 50 times on the front page of The New York Times) about, and we have seen similar pictures already. It's not as if this is a new case of torture at some other location. Quite simply it's just overkill, that could end up getting Americans killed.
Plus, let's be honest here, the people seeking the release of these photos (ACLU, International Red Cross) are doing so solely for the purpose of harming the war effort, especially in Iraq, which they viscerally opposed to begin with. It's really not hard to cut through the crap they spout about upholding "American values" and openness and holding the government accountable for "torture" (of terrorists by the way).
There is no REAL point at all.
So lets see this great legal mind
5 U.S.C. § 552(b)(3). The relevant statute, 10 U.S.C. § 130c, authorizes the withholding of
“sensitive information” to the extent such withholding is requested by a foreign government or
international organization. See 10 U.S.C. § 130c(a). Section 130c provides that if the
information was “provided by, otherwise made available by, or produced in cooperation with”
the foreign government or international organization, and certain other criteria are satisfied, the
information may be exempted from release by the United States government. In particular, the
national security official concerned must determine each of the following:
Yes because this violates the GENEVA CONVENTION
but apperently the basic english of this section of the US law was not good enough for this Jurist.... as he goes on into minutae of other legal avenues to justify releasing information that will not
#1) Aid int he prosecution of any criminal acts of wrong doing
#2) Expose new acts of wrong doing
#3) or help a victim redress grievences in ANY way
this is horrendous actions by a horrendous judge