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FNC senior judicial analyst Judge Andrew Napolitano on calls for the federal government to release photos of Osama Bin Laden’s body.
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Decide Dutch photos of it a dead Osama -- -- Well I wasn't the judge in the case but had to have -- I would've said yes I am in the public policy.
Of the government in a free society is that the government works for us we don't work for them and what's in the government's hands.
Is available to us unless the revelation of -- could harm some innocent individual.
Or would gravely affect national security.
So I ask you how come a photograph of a dead person.
Gravely affect national security it would incite the Muslim world you know crazy and they shouldn't of taken the photos but once -- they shouldn't kill the guy in the first well that's right -- another issue but but once the documents are in the government's hands now.
The public has the right to see them.
That's not just me that's what the congress said when an -- of the Freedom of Information Act and it limited.
To very narrow areas the exception -- -- seniors that happen.
Judicial watch which -- likes a challenge the government my hat is off to them four -- sued the Defense Department Defense Department said.
They're having photographs women.
The Navy SEALs were the ones who took the photographs you don't have them we don't have them did you ever -- and we won't say so they amended that complaint assume the CIA the CA said.
We have 52 photographs summer stills summer videos summer of the actual.
Invasion.
And killing itself.
Summer of the autopsy summer of the funeral.
All of them if released would gravely affect national security and it and a judge accepted this.
The reason you and I -- talking about it now is not not so much because the movie doing -- -- because the appeal of this judge's decision.
Was -- just last week and the relative.
The argument was that it's akin -- staring up -- Koran wooded site that type of that's that's the argument that the that the government -- the government was so adamant about this that they didn't want the judge.
To see the photos in the privacy of his chambers so that he could make an informed decision.
The judge went along with that the judge decided to rejected the application of judicial watch.
Based upon what the government told them not based upon what he saw what is what is on why has he seen as of now he has not seen -- but he did receive affidavit some people on the CIA who saw them.
And claimed in the affidavit that they were describing in the affidavit what they saw the pictures but this would be confirming a policy -- don't share don't show it would be confirming a policy contrary to the principles of the of the First Amendment which is openness and transparency in the.
Isn't it isn't aren't things sometimes judge forcibly openly member for years.
Yeah they were Kennedy autopsy photos with no win all the world's gonna see them.
And in variably after years they kind of leaked out.
Somehow some they do weekend when asked somebody -- here sometimes the government punishes linkers sometimes the government.
Rewards lakers and and sort of looks the other way it depends on the tenor of the time I think these will come out.
We're probably one it's no longer a hot issue as it is today.
I also think there's a there is a probability.
That the appellate court will reverse the trial judge below and we'll say to him.
Look at these pictures and then decide.
And you should have a bias in favor of releasing them because that's what the law is the the presumed position is transparency.
The government has to prove the reason.
For the secrecy and I don't think they did so here because that they could always claim if we release it people will get upset you know people get -- seven what you did.
I don't want to do but you could also -- army you you want to releases it did it did stirs up the sort of a black helicopters grounded says.
Some of Enron was never killed he's alive and well and soaring well we're we're back -- As many people as will be -- -- releasing this people will rejoice because they won't know with with certainty and finality that this awful saga of our our times is over but -- be a lot of people move us.
That's like -- like we never went to the -- right right.
Now right.
So I think it will probably know by a the end of February how this appellate panel is going to rule.
But I have to takes a little unusual for a judge to rule on something like this and not see you not see him or herself.
But this judge accepted what that the government's arguments I don't see it.
And it's a little weird for government to get involved in helping out the production of -- movie.
And not show the underlying photographs of which that movie.
It's very -- usual what did the government say.
And on what did the government base whatever set.
