...The new exemption's requirements are stunningly lax. In order to withhold the photos, Gates simply had to certify, as he did in the court filing, that "public disclosure of these photographs would endanger citizens of the United States, members of the United States Armed Forces, or employees of the United States Government deployed outside the United States." In other words, their release had to endanger someone, somewhere. And in the unlikely event that Gates had to stretch the truth to make that certification, it wouldn't matter, since there's no provision in the law that allows any court to review Gates' determination or rule on whether it was truthful.
This isn't just a few photos. Gates' block could apply to a far larger group of images than the 44 that are at issue in the ACLU's lawsuit. "The photographs include but are not limited to the 44 photographs" in the suit, Gates wrote in his certification. The extension of the ban beyond the 44 photos is the result of a flip-flop by the Obama administration.
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