This is further proof that Ubama can screw up a free lunch.
Let me be the first to say: The pictures WILL be seen by the world. They’ve been shown to members of Congress, and there isn’t a leakier cesspool in the world.
And if he was dumped from a ship, something will get out. There are no secrets on ships.
The uprising has already begun.
The emotion behind it is going to shock them.
According to Daniel Metcalfe, the former chief of the Department of Justice's Office of Information and Privacy—a post that effectively made him the government's top expert in the Freedom of Information Act—the odds are better than even that a FOIA lawsuit seeking the photo's release would succeed.
"If someone brought a FOIA complaint seeking the photo, and the government had improperly classified it, I think the government would lose," Metcalfe, who supervised the defense of more than 500 FOIA and Privacy Act lawsuits for the U.S., told Gawker. He is now the executive director of the Collaboration on Government Secrecy at American University's Washington College of Law.
Under the FOIA, government agencies—but not the White House itself—can be compelled to turn over any document, photo, video, or other record as long as there's no statutory reason for withholding it. If Obama decides against releasing a bin Laden photo, he faces two obstacles to keeping it secret: 1) Since it was (presumably) taken by a Navy SEAL working on a joint mission of the CIA and Department of Defense's Joint Special Operations Command, it was originated by a federal agency subject to the FOIA and 2) There doesn't appear to be a good reason under the FOIA to keep it secret.
"As far as photos of the corpse go," said Kel McClanahan, the executive director of National Security Counselors, a law firm specializing in litigating secrecy issues, "there's nothing I can reasonably think of that would exempt that, unless someone classified them." The government could conceivably try to deny a FOIA request for the photos based on the statute's privacy exemptions, but that would put it in the awkward position of going to court to protect Osama bin Laden's surviving family members' privacy.