“Detainee Photographic Records Protection Act of 2009”

I just found something that has reminded me that the U.S.A. is not a democracy. I just discovered that section 1305 of H.R.2346 has the explicit purpose of allowing the Secretary of Defense the unrestricted right to prevent the publication of any photograph taken by US Armed Forces "relating to the treatment of individuals engaged, captured, or detained after September 11, 2001," and this right can not be circumvented by the Freedom of Information Act.
From what I can see, section 1305 was removed from the bill by the House of Representatives, however, passed by the Senate.

It is argued that the events of September 11, 2001 occurred because of an anti-American mentality. It is clear by the date used that the bill is designed to censor evidence of wrong doing by Bush Administration. Condoning actions made by a previous administration that would reflect negatively against the U.S.A. can only perpetuate this anti-American mentality. I can only suspect that anyone that attempts to prevent the publication of the evidence of any act condones the act represented by the evidence.

In summery, I can not see how section 1305 of H.R.2346 could benefit the U.S.A. so I am explicitly stating my dissent to this bill. I hope that anyone with the power to stop ratification of section 1305 does so, and that whoever wrote it is removed from D.C.

I am including a copy of section 1305 for your information.

    Sec. 1305. (a) Short Title- This section may be cited as the `Detainee Photographic Records Protection Act of 2009′.
    (b) Definitions- In this section:
      (1) COVERED RECORD- The term `covered record’ means any record–
        (A) that is a photograph that was taken between
        September 11, 2001 and January 22, 2009 relating to the treatment of
        individuals engaged, captured, or detained after September 11, 2001, by
        the Armed Forces of the United States in operations outside of the
        United States; and
        (B) for which a certification by the Secretary of Defense under subsection (c) is in effect.
      (2) PHOTOGRAPH- The term `photograph’ encompasses
      all photographic images, whether originals or copies, including still
      photographs, negatives, digital images, films, video tapes, and motion
    (c) Certification-
      (1) IN GENERAL- For any photograph described under
      subsection (b)(1)(A), the Secretary of Defense shall certify, if the
      Secretary of Defense, in consultation with the Chairman of the Joint
      Chiefs of Staff, determines that the disclosure of that photograph
      would endanger–
        (A) citizens of the United States; or
        (B) members of the Armed Forces or employees of the United States Government deployed outside the United States.
      (2) CERTIFICATION EXPIRATION- A certification
      submitted under paragraph (1) and a renewal of a certification
      submitted under paragraph (3) shall expire 3 years after the date on
      which the certification or renewal, as the case may be, is submitted to
      the President.
      (3) CERTIFICATION RENEWAL- The Secretary of Defense may submit to the President–
        (A) a renewal of a certification in accordance with paragraph (1) at any time; and
        (B) more than 1 renewal of a certification.
      (4) CERTIFICATION RENEWAL- A timely notice of the Secretary’s certification shall be provided to Congress.
    (d) Nondisclosure of Detainee Records- A covered record shall not be subject to–
      (1) disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); or
      (2) disclosure under any proceeding under that section.
    (e) Nothing in this section shall be construed to preclude the voluntary disclosure of a covered record.
    (f) Effective Date- This section shall take effect on
    the date of enactment of this Act and apply to any photograph created
    before, on, or after that date that is a covered record.

~ by lunaticexperimentalist on June 10, 2009.

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