Six Navy SEALS Sue AP Over Iraq Prisoner Photos

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29 December 2004

1,369 US Military Dead During Iraq War: http://cryptome.org/mil-dead-iqw.htm

See also DoD tally: http://www.defenselink.mil/news/casualty.pdf

Thanks to D.

http://www.usatoday.com/news/nation/2004-12-28-seals-lawsuit_x.htm

December 28, 2004

Six Navy SEALs sue AP over Iraq prisoner photos

LOS ANGELES (AP) — Six members of a Navy special forces unit and two Navy wives sued The Associated Press on Tuesday, saying the news agency endangered the servicemen's lives and invaded their privacy by publishing photos showing the men interacting with Iraqi prisoners.

The lawsuit says the agency erred by not obscuring the identity of the six SEALs in photos that accompanied a story distributed worldwide earlier this month, contending publication of the photos jeopardizes future covert operations and harms the servicemen's careers.

"There was no need for the AP to publish the faces of the SEALs," James W. Huston, an attorney representing the plaintiffs, said in a press release.

"In fact, the SEALs showed more respect for the insurgents and terrorists that they were apprehending by obscuring their faces than the AP did for the Navy SEALs who were in Iraq risking their lives."

The story was written by San Diego reporter Seth Hettena, who is named as a defendant. The story did not name the Navy members or the wife who posted the photos on what she believed was a private Web site.

"We believe that none of the claims have any solid basis in the law as we understand it," said Dave Tomlin, AP's assistant general counsel. "We intend to defend ourselves and our reporter vigorously and, we expect, successfully."

The lawsuit, filed in San Diego County Superior Court, states that Hettena took the photos from a Navy wife's "personal digital photo album without notice or permission." It says that the woman, identified only as "Jane Doe," believed the nearly 1,800 photos she posted on the Internet site were protected from access by unauthorized users and required a password to view.

The initial AP story, transmitted Dec. 3, noted that the photos were found on the commercial photo-sharing Web site Smugmug.com using the search engine Google, and were not password-protected until after the reporter purchased copies online and began inquiries.

The story said the photos appear to show Navy SEALs in Iraq sitting on hooded and handcuffed detainees and also what appear to be bloodied prisoners, one with a gun to his head. It noted that the Navy had launched a formal investigation into the photographs after being shown them by an AP reporter, adding that the photos did not necessarily depict any illegal activities.

The AP later reported that the Navy's preliminary findings showed most of the 15 photos transmitted by the agency were taken for legitimate intelligence-gathering purposes and showed commandos using approved procedures.

The AP noted that the Navy has expanded its investigation into additional photos, however, a process that could take up to a month and result in disciplinary action.

The lawsuit asks for unspecified damages, including punitive damages, and a preliminary injunction barring the AP from further use of the photos and requiring the agency to protect the SEALs' identities.

It contends that at least two wives of the SEALs pictured have received daily harassing and threatening phone calls since the photos were published, and alleges intentional infliction of emotional distress.

Taylor Clark, a spokesman for Naval Special Warfare Command, declined comment on the suit, calling it a private matter.

Initially published 3 December 2004: http://cryptome.org/ik14-2/iraq-kill14.htm

Associated Press report on Navy SEAL photos:

http://story.news.yahoo.com/news?tmpl=story&cid=542&e=5&u=/ap/seals_prisoner_photos

Associated Press photos and captions.

[Image]
Photos that appear to show commandos in Iraq sitting on hooded and handcuffed detainees are seen on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty. The Navy SEALs have launched a criminal investigation into the photographs. Date stamps on some photos suggest they were made in May 2003, which could make them the earliest evidence of possible abuse of prisoners in Iraq. (AP Photo)
[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty apparently shows a U.S. military member posing with hooded prisoners in a photo date stamped May 2003. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners. (AP Photo)

[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a member of the U.S. military in a truck with what appear to be Iraqi prisoners. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being held at gunpoint. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)

[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a bloodied prisoner. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being held at gunpoint. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)

[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being held at gunpoint. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show prisoners in the back of a truck with a foot atop one of the detainees. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)

[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a subject constrained by U.S. military personnel. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners. (AP Photo)
[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner having his picture taken at gunpoint. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)

[Image]
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being restrained on a floor. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)

Photos that appear to show commandos in Iraq sitting on hooded and handcuffed detainees are seen on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty. The Navy SEALs have launched a criminal investigation into the photographs. Date stamps on some photos suggest they were made in May 2003, which could make them the earliest evidence of possible abuse of prisoners in Iraq. (AP Photo)	A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty apparently shows a U.S. military member posing with hooded prisoners in a photo date stamped May 2003. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners. (AP Photo)
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a member of the U.S. military in a truck with what appear to be Iraqi prisoners. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)	A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being held at gunpoint. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a bloodied prisoner. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)	A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being held at gunpoint. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being held at gunpoint. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)	A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show prisoners in the back of a truck with a foot atop one of the detainees. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a subject constrained by U.S. military personnel. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners. (AP Photo)	A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner having his picture taken at gunpoint. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)
A photo found posted on a commercial photo-sharing Web site operated by a woman who said her husband brought the photos from Iraq after his tour of duty appears to show a prisoner being restrained on a floor. The prisoner's face was obscured by the source. The Navy SEALs have launched a criminal investigation into photographs that appear to show commandos in Iraq sitting on hooded and handcuffed detainees, and photos of what appear to be bloodied prisoners, one with a gun to his head. (AP Photo)