WASHINGTON — President Barack Obama already is trying to quell a drive in Congress to investigate Bush-era anti-terror practices, but a series of decisions he faces in the coming weeks about releasing classified materials now threatens to add momentum for just such an investigation.
One such decision came late Thursday, when administration officials decided to release photographs next month of U.S. personnel abusing prisoners in Iraq and Afghanistan.
The photo release, planned for May 28, is the result of an agreement struck with the American Civil Liberties Union as part of the group’s long-running legal battle for documents related to the Bush administration’s anti-terrorism strategies.
Additional disclosures to be considered in the coming weeks could include transcripts of detainee interrogations by the CIA, a CIA inspector general’s report that has been kept mostly secret, and background materials of a Justice Department internal investigation into top officials’ knowledge of interrogation techniques.
In each instance, Obama and his administration are deciding whether to release material entirely, disclose it with redactions or follow the lead of the Bush administration and fight in court to keep the material classified.
Last week, Obama opted to demand relatively few redactions when his administration released Justice Department memos detailing the Bush administration’s justifications and strategies for harsh interrogations, but those disclosures created a problem for the president, prompting Democratic lawmakers and interest groups to demand that Congress investigate the Bush-era practices and possibly prosecute officials of the prior administration.
With Obama trying to navigate ambitious health, tax and environmental legislation through Congress, the White House fears that such an investigation could become a highly partisan distraction — and Obama has for that reason already rejected the idea of a 9/11 Commission-style review of Bush’s anti-terrorism policies, according to an official.
Now, the president must consider the release of new materials that could be inflammatory and heighten the already combustible mix of political pressures he faces. While the liberal base that elected him wants wide disclosure and an investigation of Bush practices, pursuing that course would likely alienate the intelligence and military communities that are crucial to Obama’s success as president.
Obama tried to walk that line last week, heeding calls to release the torture memos but appearing to argue against further investigation or prosecution by saying that “this is a time for reflection, not retribution.” Instead, he managed to anger both constituencies.
