Former U.S. Attorney General Alberto Gonzales's secret memos have now been released to the public. (AP Photo)
In a move cheered by the ACLU, the Obama administration released four secret memos Thursday from the Justice Department. According to the Reporters Committee for the Freedom of the Press, the memos concerned interrogation techniques used against suspected terrorists, and constituted proof of the legality of the techniques as far as the Bush administration was concerned.
The ACLU had been seeking access to these memos, as well as other opinions, under the Freedom of Information Act in federal court. The decision was made at the deadline, as the Obama administration had agreed to decide on a course of action by Thursday.
It remains to be seen whether this creates a precedent for the White House. In his statement, President Obama said, "The exceptional circumstances surrounding these memos should not be viewed as an erosion of the strong legal basis for maintaining the classified nature of secret activities. I will always do whatever is necessary to protect the national security of the United States."
Most of what the memos described was already public, and had been very damaging to the American reputation abroad, especially in foreign relations.
Questions:
1) Would making the memos public while the interrogation techniques were in use have been protected under the 1st Amendment? Or would it sufficiently create a "clear and present danger"?
2) Is government transparency a more vital need than national security? Should the FOIA make us able to reach these documents? We didn't find out, as the White House released them willingly, but what if it HAD gone to a legal fight?
The ACLU had been seeking access to these memos, as well as other opinions, under the Freedom of Information Act in federal court. The decision was made at the deadline, as the Obama administration had agreed to decide on a course of action by Thursday.
It remains to be seen whether this creates a precedent for the White House. In his statement, President Obama said, "The exceptional circumstances surrounding these memos should not be viewed as an erosion of the strong legal basis for maintaining the classified nature of secret activities. I will always do whatever is necessary to protect the national security of the United States."
Most of what the memos described was already public, and had been very damaging to the American reputation abroad, especially in foreign relations.
Questions:
1) Would making the memos public while the interrogation techniques were in use have been protected under the 1st Amendment? Or would it sufficiently create a "clear and present danger"?
2) Is government transparency a more vital need than national security? Should the FOIA make us able to reach these documents? We didn't find out, as the White House released them willingly, but what if it HAD gone to a legal fight?
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