Washington, D.C., August 4, 2005 - The
Pentagon has released more images of the honor guard ceremonies
for American war casualties, and agreed to process "as expeditiously
as possible" ongoing Freedom of Information Act requests
for such images, as part of a settlement of the FOIA lawsuit brought
by University of Delaware professor Ralph Begleiter with legal
representation from the National Security Archive and the firm
of Jenner and Block.
On July 18, the parties filed a joint
status report. On July 20, Begleiter received
from the Department of Defense a CD containing more than two dozen
images that had been censored in the April 2005 release of 721
images, as well as five photographs that were not previously released.
On July 22, he received the Pentagon's
written assurance that it would continue to
process further FOIA requests for images and video of honor guard
ceremonies taken in the period since the lawsuit was filed. On
July 28, the parties filed with U.S. District Judge Emmett Sullivan
their joint
agreement to dismiss the case, and this week
received the court's assent to the dismissal.
Ralph Begleiter, the long-time CNN correspondent who is Rosenberg
Professor of Communications and Distinguished Journalist in Residence
at the University of Delaware, stated, "The Pentagon's decision
to release these images is a significant victory for the honor
of those who have made the ultimate sacrifice in war for their
country, as well as for their families, for all service personnel
and for the American people. I applaud the government's decision
to abide by the law - the Freedom of Information Act - without
forcing a court order in the case; it's always better to avoid
contentious litigation by making the right decision."
Thomas Blanton, director of the National Security Archive at George
Washington University, said, "We joined this lawsuit with
Ralph because the Pentagon claimed any release of the honor guard
images was a mistake and contrary to policy. Thanks to the Freedom
of Information Act, we won this lawsuit, not just for the principle
of open government, but also for the public honor and respect
that is due to our fallen soldiers. Hiding these ceremonies is
just wrong."
Daniel Mach, counsel at the law firm of Jenner and Block who
represented Begleiter pro bono in this case, commented, "Public
access to images of war, and its costs, is crucially important
in a free, democratic society. The Pentagon's release of hundreds
of previously undisclosed photographs not only helps promote that
access, but also honors the ultimate sacrifice of the nation's
fallen soldiers."
The newly released images are posted on the National Security
Archive website, at www.nsarchive.org,
together with the legal documents in the case, the 721 previously
released images, a chronology of events, and a history of the
Pentagon's ban on photography of the honor guard ceremonies, which
dates back to an order by then-Secretary of Defense Richard Cheney
just prior to the first Gulf War in 1991.
| July
2005 Release [Click on the highlighted thumbnails for
larger versions of five photos not previously released to
the public.] |
 |
Full Statement of Ralph J. Begleiter (Rosenberg Professor of Communication,
Distinguished Journalist in Residence, University of Delaware):
"The Pentagon's decision to release these nearly 800 images
is a significant victory for the honor of those who have made
the ultimate sacrifice in war for their country, as well as for
their families, for all service personnel and for the American
people. I applaud the government's decision to abide by the law
- the Freedom of Information Act - without forcing a court order
in the case; it's always better to avoid contentious litigation
by making the right decision."
"Despite the Pentagon's public claims to have kept these
images under wraps out of regard for the privacy of the families
of war casualties, no such claims about protecting privacy of
families have been made in the Pentagon's official letters to
me accompanying the images released under the Freedom of Information
Act."
"It is regrettable that the government has chosen to censor,
in many of these images, the grim but proud faces of men and women
in uniform who honor their fallen colleagues by serving as bearers
in these instances of casualty returns. It is regrettable also
that government has chosen to censor general information about
the images, including where and when they were taken, and, in
many cases, which military units proudly provided these honor
guard services."
"Nevertheless, families of deceased servicemen and women,
who have sought release of these images from the Pentagon without
success, may now have them if they wish. Other Americans, including
troops who served alongside their fallen comrades and who, in
many cases, were photographed by the government providing respectful
honor guards for the casualties, may now commemorate their service
and sacrifice with these images. And the U.S. government and all
Americans now may take pride that the sacrifice of soldiers in
war - a cost documented by these government images - is no longer
veiled by a cloak of secrecy."
"I'm grateful to the National Security Archive and to the
law firm of Jenner and Block for supporting the public information
rights of the American people through the Freedom of Information
Act, and to the Federal District Court for the District of Columbia
for supervising the progress of this case."
