Correction (Huh??)

by hilzoy

A few days ago I linked to a New York Times article that said that the Department of Defense had defied a court order to release the rest of the photos from Abu Ghraib. Anderson (in comments) points me to this correction by the Times:

“An article on Saturday about a federal judge’s order regarding photographs and videotapes related to the Abu Ghraib prison scandal misstated a deadline and the response by Defense Department lawyers. The government was given until Friday to black out some identifying details in the material, not to release it. Defense Department lawyers met that deadline, but asked the court to block the public release of the materials. They did not refuse to cooperate with an order for the materials’ release.”

The original article had the headline: “Government Defies an Order to Release Iraq Abuse Photos”. Its first paragraph read: “Lawyers for the Defense Department are refusing to cooperate with a federal judge’s order to release secret photographs and videotapes related to the Abu Ghraib prison abuse scandal.” This correction doesn’t signal some minor mistake; it means that the reporter, Kate Zernike, basically got the entire story wrong. Sheesh.

In any case, I wanted to note the correction, and retract anything I wrote that relied on this story. I still want the photos to be released, however. And it would be nice to see someone — anyone other than Kate Zernike — explain what, exactly, is happening in the convoluted proceedings about their release.

27 thoughts on “Correction (Huh??)”

  1. Amazingly stupid reporting. The reason for the error — you have to assume a “gotcha” bias (which liberal and conservative media both engage in — it would be nice if the “liberal media bias” crowd were self-aware as to the same trend in their favored conservative media; which, as in the case of Murdoch media, rarely runs any corrections).

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  2. How could you so completely get a story wrong? I assume the judge’s order is in the docket, written in English for all to read, even though some aspects of the case are under seal.
    This is the sort of cartoonishly bad reporting that undermmines every legitimate effort of the MSM to shed light on the administration.

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  3. I don’t understand why the ACLU got it wrong, though, as they’re parties to the lawsuit:

    The release of the documents comes after the government refused last week to turn over photographs and videos depicting abuse and torture of detainees held at Abu Ghraib. A federal court had ordered the government to process and redact the materials for eventual release, but on its deadline date, the Defense Department claimed that the images “could result in harm to individuals” for reasons that will be set forth in documents to be filed with the court under seal.

    (a href=”http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=18817&c=280″>link here. That link also has more information about allegations of physical abuse at Guantanamo, and the warden at Abu Ghraib
    They seem to understand that it was about turning over the redacted photos, not releasing them, but to say that the DoD refused to comply. So what the hell is going on here? Neither the original nor the correction is well sourced enough. (I mean, I’m sure she had sources, but the articles are written too opaquely to tell who the sources are.)
    In other news, this should surprise no one who has been paying attention, but:

    The commander in charge of Guantanamo Bay prison visited Abu Ghraib in 2003 and recommended the use of military dogs during interrogations, the former warden in Iraq testified Wednesday at a hearing for two Army dog handlers accused of prisoner abuse.
    “We understood that he was sent over by the secretary of defense,” Maj. David Dinenna testified.
    He said teams of trainers were also sent to Abu Ghraib “to take these interrogation techniques, other techniques they learned at Guantanamo Bay, and try to incorporate them in Iraq.”
    The former warden’s testimony follows defense claims that using unmuzzled dogs to terrify Abu Ghraib inmates was sanctioned high up the chain of command and wasn’t just a game played by two rogue soldiers, as the government claims.

    I believe he was testifying only as a witness, not as a defendant; if so that increases his credibility.

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  4. Hey, you found a link! I was just coming over because Sifu at Poorman had the text of the correction.
    Didn’t corrections use to say “It was a reporter’s error” or “It was an editor’s error” at the end? Or do they still? If the latter, then isn’t the implication of neither’s being there “we were given bad info”?

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  5. My assumption about how the error happened is that the reporter was using a press release from the Center for Constitutional Rights, and/or another from the ACLU (which I can’t find anymore). The CCR one, and (if memory serves) the ACLU one, both described the Bush admin. move as an 11th hour attempt to block release of the photos, and while, going back, it’s possible to read them as saying only that the DoD had just ‘refused to turn over’ the photos, they certainly left the impression that the photos were supposed to be made public on the 22nd.
    None of that begins to imply that the reporter shouldn’t have nailed the story down before running with it, though.

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  6. When I saw the correction in a comment yesterday, I took a quick look at the docket — on the theory that the terms of the order would be unambiguous. As near as I could tell, the clerk’s office is several days behind in filing stuff. There was no order directing anything for July 22, nor was there a copy of the emergency filing.*
    I did notice that one source of the government’s delay was that it needed to get security clearances for its lawyers. You’d think they could have done that a year ago, when the case started.
    * In New York there is a practice of doing business with the court by letter, rather than by motion or pleading. In nearly every other jurisdiction I’ve appeared, this is not permitted: if you have something to say, you put it on the record in a pleading/motion/notice. Especially in mandatory ECF jurisdictions. I guess the New Yorkers are having trouble letting go . . .

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  7. CharleyCarp: The order should be more than a few days old. here is the original court order (June 1) telling the DoD to redact the photos (but, oddly, not to do anything else with them). They had their July 22 extension by June 30, the last time I checked on this. And the CCR describes this extension as having been granted “in June”:

    “In June, the government requested and received an extension from the judge stating that they needed time in order to redact the faces of the men, women and children believed to be shown in the photographs and videos. They were given until today to produce the images, but at the eleventh hour filed a motion to oppose the release of the photos and videos, based on an entirely new argument: they are now requesting a 7(F) exemption from disclosure under the Freedom of Information Act to withhold law enforcement-related information in order to protect the physical safety of individuals. Today’s move is the latest in a series of attempts by the government to keep the images from being made public and to cover up the torture of detainees in U.S. custody around the world. “

    I wish I knew how to look these things up (though I am already very pleased with myself for having mastered the arcane art of finding actual statutes online; can court filings be far behind?)

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  8. Hilzoy:
    Federal court filings are readily accessable under PACER
    . You have to register and then pay per download. You also already have to have case number/name info — I don’t recall if it has a search feature, but I think not.
    I assume CharleCarp was using this per his reference in his comment, but maybe he’s also got something better.

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  9. The case is ACLU v. DOD, 04 Civ. 4151, if that helps.
    There’s an order on the docket sheet dated today in which Judge Hellerstein permits the DOD to file (as soon as possible) a redacted version of its 7/22 submission for public consumption, but permitting the ACLU to move to have it unredacted.

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  10. No, the 7/28 order says that the DOD can file a redacted version of its 7/22 motion to redact the actual photos; it doesn’t say anything about the ultimate redaction of the photos. The redacted parts of the 7/28 motion apparently include “specific descriptions of the images whose release is sought” and some supposedly security-sensitive stuff.
    Oddly, it seems that while the version of the 7/22 motion to be publicly filed redacts both sorts of information, the version of the 7/22 motion provided to the ACLU redacts the descriptions of the photos, but not the security-sensitive stuff. Nice priorities.

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  11. Slarti: as per my post on CAFTA, I didn’t like it, despite being, in general, pro free trade if it comes with environmental and labor standards. That said, it’s a much bigger deal for the other countries concerned than for us, and I hope they derive some benefit from it, and that our companies at least have the decency not to sue tiny poor countries if they pass environmental laws.

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  12. Yes, I used my pacer account. Guess I was a day early. In the DDC, when you file a sealed pleading, you must nonetheless file a public notice of having done so in the ECF system. The SDNY apparently doesn’t even require that an unsealed letter requesting an extension — like the June 16 letter about security clearances — go through the ECF system.
    I just filed a short brief in the DC Circuit in my Gitmo case — we’ve moved to dismiss the government’s appeal of the order requiring 30 days notice of rendition — and we have to file first with the court security officer, who will then clear the thing for public filing.
    The jurisdictional question, for you lawyers, is kind of interesting. The government requested and got a stay of our case pending resolution of the Boumediene and al-Odah appeals. The court added, as a condition of the stay, the requirement that the government give us 30 days notice before transferring (ie rendering) our clients. The government has appealed the notice requirement, but we don’t think it’s an injunction, or an otherwise appealable order. This was our reply brief, so I’d expect a ruling fairly soon. Anyone care to venture a prediction?

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  13. The judge imposed the notice requirement as a condition of granting the stay? So the Government is essentially trying to appeal the court’s refusal to grant their stay no-strings-attached – in other words, they’re appealing the denial of a motion to stay? Can’t do that, surely?

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  14. Slarti: I think there are a bunch of Democrats who think it’s just a bad treaty, period, not a reflection of any general views on free trade, let alone the DLC. Actually, one of the things that bothered me about the arguments for CAFTA was that they tended to turn on claims like: voting CAFTA down will send a bad signal about our commitment to free trade. Personally, I don’t think we should sign binding treaties that have the force of law to send signals.

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  15. “This correction doesn’t signal some minor mistake; it means that the reporter, Kate Zernike, basically got the entire story wrong.”
    I see that several other commenters equally leaped in to bash “bad reporting.”
    But this is unfair. We have absolutely no way to know whether the reporter deserves full blame, or whether the story was rewritten by copyeditor or other editor, and thus whether the reporter alternatively deserves only some blame or no blame (or, indeed, all the blame). This is the nature of the newswriting/editing system, and it’s unwise to simply assume the reporter, whose name you happen to know, is to blame, and not an editor, whose name you don’t. (Look what happened to Phil Carter’s NY Times piece a few weeks ago, for example.)

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  16. This sounds like a bit of spin to me.
    I saw a note on the ACLU website about 2 months ago saying that the release of the photos was overdue and further court rulings would be required to get them to comply.
    At that time it said what was to be released was a very small selection of what was possessed. Either way we will find out soon enough.

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  17. Question for CharleyCarp and other lawyers here: When is it reasonable to expect to hear next from Judge Hellerstein? Not until he rules on the latest Defense Dept. motion, or are there other natural procedural opportunities for him to clarify what’s ahead?
    On the question of the reporting quality… Sure could be clearer, but I don’t feel as if the responsibility is all with this NYT piece.
    Coverage of the initial ruling, back in early June, was that it was an order to release, within the month. That sounded so absolute (and is so much what many of us wanted to hear) that this little DoD ‘gotcha’ of editing deadline vs. release deadline was overlooked — even though it was an element in the Boston Globe’s coverage of the first ruling and a Hearst piece on the extension to July 22.

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