Nov 30 2009

Senators Praise Supreme Court Order Protecting U.S. Troops

WASHINGTON, D.C. – Senators Lindsey Graham (R-SC) and Joe Lieberman (ID-CT) applauded today’s decision by the U.S. Supreme Court to vacate a decision by the U.S. Court of Appeals for the Second Circuit that would have required the Department of Defense to release photographs of detainees that could have endangered the safety of U.S. service members and civilians serving abroad.  The Supreme Court, in the case of Dept. of Defense, et al. v. ACLU, et al., 09-160, vacated the lower court decision and remanded the case to the Second Circuit for further consideration in light of the recent enactment of the Homeland Security Appropriations Act of 2010.  The Act contained a provision cosponsored by Senators Graham and Lieberman allowing the Secretary of Defense to issue a certification preventing the release of any photograph whose disclosure the Secretary determines “would endanger citizens of the United States, members of the United States Armed Forces, or employees of the United States Government deployed outside of the United States.” 


“We are pleased that the Supreme Court has taken this important step to protect the safety of Americans who place themselves in harm’s way to defend our security and liberty,” said Graham and Lieberman.  “We commend the President for his efforts to work with Congress to ensure the passage of this legislation and the issuance of the certification by Secretary Gates explaining that public disclosure of the photographs at issue in this case would endanger U.S. citizens, American servicemen and women, and employees of the U.S. government deployed abroad.”