The federal government "is required to disclose each and all of the photographs" in response to a Freedom of Information Act Request from the ACLU, as the government failed to prove that "disclosure would endanger Americans."

In a bipartisan effort demonstrating the decades-long support of the military-industrial complex from both parties, the administrations of both George W. Bush and Barack Obama have argued to suppress these photographs, even going so far as changing the FOIA law in secret with the help of Congress in 2009.

 "The photos are crucial to the public record, they're the best evidence of what took place in the military's detention centers, and their disclosure would help the public better understand the implications of some of the Bush administration's policies," said ACLU deputy legal director Jameel Jaffer. "The Obama administration's rationale for suppressing the photos is both illegitimate and dangerous.