On Wednesday night, the Senate quietly passed legislation to exempt photographs of detainees being tortured by U.S. personnel from the Freedom of Information Act.  Further stunning the spirit of open government, they did so by unanimous consent.

Unsurprisingly, the Detainee Records Photo Protection Act of 2009 (S 1285) was sponsored by Sens. Lindsey Graham (R-SC) and Joseph Lieberman (I-CT).  Contrary to public statements made by the administration, Graham stated that White House Chief of Staff Rahm Emanuel made it clear that President Obama wanted to see legislative action to stop the release of the photos. 

What the administration is saying to the public is not what it is saying behind closed doors.  This action follows yesterday morning’s Congressional hearing held by the Senate Judiciary Committee.  Attorney General Eric Holder testified that the administration would appeal the issue to the Supreme Court and if unsuccessful would review their opinions on the matter.  However, Graham stated during the hearing that he had spoken with Emanuel, "He's indicated to me that (Obama) will not let these photos see the light of day."  Before the Senate vote on the bill, Graham elaborated that Obama “would sign…an executive order” to classify the photographs. 

Since the bill passed so easily in the Senate it can be expected to pass through the House without impediment.  However, the House may take it up as an amendment to the Defense Department authorization bill (HR 2647).