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 U.S. District Judge Alvin Hellerstein in New York ruled the U.S.
Department of Defense had failed to show why releasing the
photographs would endanger the lives of American soldiers and
workers abroad.
He also said former Defense Secretary Leon Panetta apparently had
not considered each individual photograph before determining in late
2012 that all of them should remain secret.
Hellerstein said he would let the government submit additional
evidence justifying its finding before ordering the photographs
released. He scheduled a hearing for Sept. 8 on the issue.
"During the course of this litigation, I have reviewed some of these
photographs and I know that many of these photographs are relatively
innocuous while others need more serious consideration," he wrote.
The Defense Department did not immediately comment on the ruling.
 The photographs would be released in redacted form to conceal the
identities of any individuals. Former Senator Joe Lieberman of
Connecticut said in 2009 that there were nearly 2,100 photographs,
Hellerstein said.
The dispute, prompted by a 2004 lawsuit from the American Civil
Liberties Union, concerns documents, photographs and videos related
to the treatment and death of prisoners held in U.S. custody abroad
following the attacks of Sept. 11, 2001.
A handful of images depicting abuse at Abu Ghraib would emerge in
2004, prompting a public debate over whether the United States had
engaged in torture through enhanced interrogation techniques.
In 2005, Hellerstein ruled that the government had to release
photographs and videos documenting prisoner treatment at Abu Ghraib,
a decision that was upheld on appeal.
But before the images became public, then-Iraqi President Nuri
al-Maliki urged the U.S. government in 2009 to withhold the
photographs to avoid creating further unrest in his country.
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In response, Congress passed a law that blocked their release if the
defense secretary certified it might endanger American lives.
Panetta's predecessor, Robert Gates, issued such a finding in 2009
and Hellerstein accepted it in 2011.
In 2012, when Gates' three-year certification was about to expire as
per the statute, Panetta issued a new certification, but Hellerstein
said on Wednesday that circumstances had changed.
“Three years is a long time in war, the news cycle, and the
international debate over how to respond to terrorism,” he wrote.
Lawyers for the government argued Hellerstein is not entitled to
review Panetta’s decision, a position the judge rejected.
Marcellene Hearn, an ACLU attorney, said in a statement that the
photographs were disturbing, but should be made public.
"We have a right to know what resulted from senior officials'
decision to authorize and tolerate the abuse and torture of
prisoners," she added.
(Reporting by Joseph Ax; Editing by Noeleen Walder and Andre Grenon)
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