Tuesday, October 27, 2015
Judge Gladys Kessler (D.D.C.) denied the government's motion to reconsider her earlier ruling ordering the government to release videos of force-feedings at Guantanamo Bay.
The ruling is a victory for those seeking release. It keeps Judge Kessler's original ruling ordering the release on track, although we might expect more government foot-dragging.
This most recent ruling in the case comes after the D.C. Circuit remanded so that the district court could consider supplemental government declarations in support of its earlier motion to stay. Consider them she did, and concluded that they said, well, nothing--or at least nothing game-changing. (That's at best. At worst, they were "flat out unbelievable," as in one government declaration that said that if the videos are released, force-fed Detainee Dhiab's privacy would be invaded. So after all this, that's what the government is concerned about--Dhiab's privacy.)
As to the public's right to gain access to the images, Judge Kessler noted that the D.C. Circuit has "neither recognized nor rejected that the First Amendment affords the public a right of access to civil proceedings," and that the government "interprets the D.C. Circuit's silence as a denial of that right." But she went on to note that five other circuits have concluded that there is such a right, and that "Judge Hogan concluded, and this Court agrees, that there has been a long history in our country of public access to civil proceedings."