The Daily Telegraph’s Rape Photo Claim

A couple of weeks ago, the Britain’s Daily Telegraph released what seemed to be a blockbuster story, which spread like wildfire over the Internet. “New ‘Prisoner Abuse’ Photographs Emerge Despite US Bid to Block Publication” ran the headline of a story by Alex Spillius. The article went on to claim that “Graphic photographs of alleged prisoner abuse, thought to be among up to 2,000 images Barack Obama is trying to prevent from being released, emerged yesterday.”

The story was wrong. The photos in question, which had been posted on the website of an Australian television station, has been published before several times. They were not part of the group of images that Obama had considered for release. As Mark Benjamin and I reported in 2006, the photo that the Telegraph displayed with its story, of a naked detainee hanging upside down from a bed, had been investigated by the Army, which had found that it was one of several photos showing a mentally deranged detainee in the prison who was being allowed to harm himself. Investigators concluded that the actions depicted in the photo was unrelated to interrogation.

Rather than acknowledge the mistake, as is American journalistic convention, with a clearly posted correction or clarification, the Telegraph simply changed the copy on their web story after the Department of Defense complained. The new story, at the same URL, had a new headline: “Concern at ‘prisoner abuse’ photographs as Barack Obama prepares to block publication.” It also had a new lead: “Shocking images of inmates in Iraq are the kind of images whose release the president has now vowed to fight in court.” Spillius’ byline was replaced with the phrase “By Our Foreign Staff.”

Today, a new report has been released by the Telegraph with the headline: “Abu Ghraib abuse photos ‘show rape,’” by two other Telegraph reporters, who had recently interviewed Maj. Gen. Anthony Taguba, the author of the first Army investigation into Abu Ghraib. In the article, Taguba is quoted claiming that unreleased photos exist that show “torture, abuse, rape and every indecency.” The article also uses odd passive-voice sentence constructions to describe specific sex acts that are allegedly shown in the photographs. Again the web has lit up with links and chatter. The American Prospect now has a blog post called “Release the Abu Ghraib Rape Photos,” as if the existence of these photos was a known fact. It is not. (More after the jump.)

“The article is incorrect,” says Lt. Col. Patrick Ryder, a Department of Defense spokesperson.  “It alleges that there were images of apparent rape and sexual abuse. This is incorrect. . . . None of the photos in question depict the images described in the article.” By “photos in question,” Ryder was referring to the roughly 2,000 more than 21 images* [see update below] that President Obama recently decided not to release. At the briefing today, White House spokesman Robert Gibbs echoed the broad denial, saying that the Telegraph report was “non-factual.”

It is important to note that rumors of rape photos have been around for years, but there has never been any proof that they exist. The likely source of the rumors is well known, as claims of rape and sexual assault are described in some detail in the military investigations of Abu Ghraib. One detainee, who was interviewed by Army investigators, claimed to have witnessed the rape of a teenage male detainee by a male interrogator at the Abu Ghraib prison. He claimed that a female soldier took pictures of the event, but as one Army investigation found in 2004, “no other reporting supports DETAINEE-05’s allegation, nor have photographs of the rape surfaced.” It is possible that the photos were destroyed at some point, or they are still kept in some secret file drawer deep within the Pentagon and away from investigators. But it is highly unlikely that these photos still exist in the criminal files that Obama has declined to release. The President himself has said that the photos are not as explosive as photos that have already been released. “I want to emphasize that these photos that were requested in this case are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib, but they do represent conduct that did not conform with the Army Manual,” Obama said on May 13.

So was Taguba, who distinguished himself throughout the Abu Ghraib investigation, calling the president a liar? Has he personally seen these photos? Did he misspeak? Or did the Telegraph misinterpret or misreport his statements? I don’t know. But the Telegraph now has a duty to explain further. And I know enough to be skeptical of claims made by the Telegraph reporters and headline writers. I only hope that the newspaper behaves a bit more responsibly this time, gets further clarification from Taguba, and clearly posts any clarification or correction that may arise.

UPDATE: *The exact number of unreleased photos that are responsive to the ACLU request is not known. In an April 23, 2009 letter to the court, acting U.S. Attorney Lev Dassin wrote “[t]he Department of Defense is preparing to release the 21 photos at issue in the appeal and 23 other photos previously identified as responsive. In addition, the Government also is procesing for release a substantial number of other images contained in Army CID [Criminal Investigation Division] reports that have been closed during the pendency of this case; these other images will be processed consistent with the Courts previous rulings on repsponsive images in this case.”

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  • queencersei

    “The President himself has said that the photos are not as explosive as photos that have already been released. “I want to emphasize that these photos that were requested in this case are not particularly sensational”

    Then just release the rest of the photo’s already and put these sort of allegations to rest.

  • ilikechips

    most underplayed story of the day

    http://newsbusters.org/blogs/mike-sargent/2009/05/28/chrysler-conservatives-axed-only-blogs-investigate

    can u even fathom how the media would be foaming at the mouth to investigate if a republican president had done this..but the Obomessiah will never be challenged by the slobbering MSM that cover him..The liberal bias and obvious love for” the one” by the media is at a fevered pitch..no wonder why viewership is down in the news and liberal loon NY times is bankrupt.

  • Cliff

    So was Taguba, who distinguished himself throughout the Abu Ghraib investigation, calling the president a liar? Has he personally seen these photos? Did he misspeak? Or did the Telegraph misinterpret or misreport his statements? I don’t know.
    .
    Could you find out for us?

  • cfukara

    And herein lies MS’s best effort at this psyche war thing:

    ” .. a mentally deranged detainee in the prison who was being allowed to harm himself. ”
    Really?

    “being allowed”? When did our Republic start “allowing” people to harm or kill themselves?

    ——

    ” .. hope that the newspaper behaves a bit more responsibly ..”

    Do we assume that hiding photos that may document a crime against humanity is acting “a bit more responsibly”?

    Consider this MS: Would we piously insist that photos that SEEM to document crimes being committed by at Auschwitz concentration camp being released to the public and the museums or would we rather have them trashed/concealed? What would be our arguments?

  • Cliff

    Rather than acknowledge the mistake, as is American journalistic convention, with a clearly posted correction or clarification
    .
    That’s pretty funny.

  • sy2d

    Rather than acknowledge the mistake, as is American journalistic convention …

    Effing hillarious, Cliff. And Scherer typed it to boot. Nearly soiled myself.

  • sy2d
  • cfukara

    ” .. hope that the newspaper behaves a bit more responsibly ..”
    Do we assume that hiding photos that document a crime against humanity is acting responsibly?

    Consider this MS: Would we piously insist that photos that SEEM to document crimes being committed by at Auschwitz concentration camp being released to the public and the museums or would we rather have them trashed/concealed? What would be our arguments?

    During the glory days of the Rumsfeld-Cheney-Bush-BillKristol axis of *, we learnt a few things about the mechanics of our psyche war.
    Let us ask HBO to prove the negative.
    Example, Can HBO prove to the world that the photos do NOT document crimes against humanity being committed?
    Perhaps Karl Rove can make the statement tighter. I doubt that he would dare.

  • FlownOver

    Point I: There are (disputed) claims that photos exist (or existed) of rape at Abu Ghraib
    Point II: Obama says the photos he opposes releasing do not show such acts.
    .
    Therefore, what? Where’s the logical, reliable basis for resolving the accuracy of either statement? No one has established the truth or falsity of the first statement, and the mere existence of the first statement proves nothing about the truth or falsity of the second.

  • jcapan

    “Could you find out for us?”
    ~
    Yes, simply append “to be continued” to your initial post, and media rockstar that you are, get on it. Though I agree the Telegraph is not always to be trusted, I’m also not put at ease by the presidents remarks, and anything a f@cking Pentagon spokesperson has to say is akin to a comment by QH (where is she BTW?)

  • spookiewriter

    Since the photo’s were taken long before Obama took office, how is he trying to “cover something up to look better?”
    The GOP must be relieved at Obama’s decision. There is already pressure to investigate and possible prosecute members of the former administration. If these photos are indeed as bad as described then releasing them would tip the scales.
    So, all the salivating GOP’ers should be saying a collective “whew!”

  • stuartzechman

    Michael Scherer:
    .
    Rather than acknowledge the mistake, as is American journalistic convention…
    .
    Come on, dude…oh, wait! You didn’t say “as is American journalistic practice“, so I suppose that I can’t fault you for technical inaccuracy…

  • jcapan

    Stuart, way downstream, in what EST-ers may consider a dead thread:
    ~
    http://swampland.blogs.time.com/2009/05/28/latest-column-25/#comment-68565

  • http://phd9.blogspot.com Paul Dirks

    Time for a Blogger Ethics Panel stat!

  • http://phd9.blogspot.com Paul Dirks

    Shall we teach Mr Chips some basic statistics or allow him to continue to wallow in his self-pitying delusion?

  • postamerican

    I’m offended by the slagging of The Daily Telegraph by the White House, the Pentagon, and the Time Magazine. The DT has the UK on the brink of Revolution. The Spinning and Obfuscating by Robert Gibbs, Bryan Whitman, and Michael Scherer makes me ill. just googled this!

    FLASHBACK Rumsfeld: Worst Still To Come; Rumsfeld Apologizes To Iraqis; Says More Videos, Photos Exist
    http://www.cbsnews.com/stories/2004/05/08/iraq/main616338.shtml
    Sen. Lindsey Graham, R-S.C., told reporters, “The American public needs to understand we’re talking about rape and murder here. we’re not just talking about giving people a humiliating experience.” He did not elaborate.

  • stuartzechman

    Oregon JC:
    .
    I responded here.

  • kbanginmotown

    ‘scuse me, but we’re arguing about the existence of rape photos not about the actual rape itself.
    .
    Can we table the photos issue until we learn more about the proported crime?
    .
    Or, is this not American journalistic convention?

  • James, Los Angeles

    Unfortunately, neither Michael Scherer nor Time Magazine has much more — or ANY more — credibility here than the Brits. Time Magazine has a history of not only refusing to post corrections even when demonstrably false information is published, but of actually attacking and smearing those readers who pointed out the error. I can point (have pointed) to demonstrable errors in the reporting of Karen Tumulty, Joe Klein, Michael Duffy, and Massimo Calabresi, as have others. There is no level of egregious, demonstrable error that Time Magazine won’t defend and refuse to correct.
    .
    Michael Scherer himself lost credibility during the campaign when he gave himself totally and unapologetically to carry water for McCain, despite warnings by his most loyal readers that he appeared to be succumbing to Stockholm Syndrome. Now he is reduced to the same “credibility” as is held by Ana Marie Cox, who to her credit doesn’t profess to be an actual journalist. So his assessment of credibility here is kind of eye-rollingly funny, and rather naive as well.
    .
    Taguba, on the other hand, has a great deal of credibility and is held in high esteem as the first military man and investigator to blow the whistle on the Abu Ghraib scandal, standing his ground in the face of ferocious reaction the the bushies and the rightwing lunatics.
    .
    All of that said, it is possible that Obama has not actually viewed the photos but is relying on descriptions by self-interested people in the Pentagon. It is also possible that there is a discrepancy between the photos in the FOIA and the ones that Taguba knows about, which have been described several times in the past by people with a great deal of credibility. A better journo might with hold comment until he investigates the discrepancy.
    .
    And people who suffer from lack of credibility probably should not be throwing credibility stones at others. What say you, Michael? Did you want to defend yourself?

  • http://derekg.wordpress.com/ Derek

    Obviously, witholding information leads to all sorts of speculation, some of it possibly true. Obama was right when he said sunshine was the best disinfectant, but he seems to have left much of the decision making to the military since he took power.

  • kathy

    Good article Michael

  • Paul-no not that one

    Ignoring the comedy of MS offering media criticism and focusing on the topic I doubt this will be the last of these stories.
    .
    When you already have documented offenses holding back the photos will naturally lead people to assume the worst. Despite BHO’s assurances that “these photos that were requested in this case are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib”
    .
    I wouldn’t take any President’s word on a topic like this.

  • sacredh

    “A mentally deranged detainee in the prison who was being allowed to harm himself”
    That statement was amazing. Are we at the point now where a “suicide watch” means that we just observe while someone commits suicide while in custody? The journey into the surreal continues.

  • James, Los Angeles
  • gysgt213

    “I wouldn’t take any President’s word on a topic like this.”
    .
    And nor should anyone just simply take a President’s word on any subject or topic.
    .
    Nothing irrated me more during the Bush years than the constant “We have to trust our President.” People saying that seem to completely forget that the President is running a hugh complex government and those working for him could be very well lying to him. And since the world we live in is not as black and white as most of us seem to want it to be there could be any number of reasons why.

  • Paul-no not that one

    That’s exactly my point gunny, and better made. Thanks.

  • rustyreturns

    If a newspaper, magazine or other source (garbage that Michael Scherer reprints) alleges such outrageous claims and they are proven false, then what are the consequences? Isn’t it equally powerful to just print a statement which says “Britain’s Daily Telegraph Lied About Prisoner Abuse and Rape”?
    .
    I simply do not understand the need to keep beating old horses. It is clearly known that abuses occurred at Abu Ghrab, right? Those few in the military who perpetrated these crimes are being held accountable, right?
    .
    Then please tell me why we have the need to further rehash all of this again, Michael? Why give the Telegraph any further recognition? Why keep this purely tabloid gossip alive? Why do you want to further damage the US Military and put the innocent men and women we have fighting at risk? You should be ashamed. You should be deported to England with the rest of the phony journalist who subscribe to sensational journalism.

  • gysgt213

    James, Los Angeles-In all fairness Michael does have a wierd sense of humour.
    .
    However, I would like to see American journalistic convention changed so that each story begins with a screaming headline clearly stating the source. Something like this:
    .
    “This Story Is Based on A Drudge Headline.”
    .
    This Story is Based on A Political Narritive I ‘m helping Them Advance.”
    .
    “This Story is Based on Annoymous Sources with Agenda’s I’m Helping Them Advance.”
    .
    “This Story is Based on A Made Up Controversy I Found While Trolling HotAir.”
    .
    “This Story is Contrived From 100% Trivia That No One Actually Cares About.”
    .
    “This is a 100% He Said She Said Story.”
    .
    “In This Story I’m Going to Advance Right Wing Talking Points.”
    .
    In This Follow up I’m Going to Advance Left Wing Talking Points, But Prove How They Are All Lies.”
    .
    “In This Story I’m Going to Pretend I Don’t Know What Torture is.”
    .
    “For This Story I to Talked to the Current Political Figure I’m in Love with and just Wrote Down What He or She said.”
    .
    “For This Story I’m Going to Twist Someone’s Words Around and Pretend They Said Something They Didn’t.”
    .
    Maybe these are disclaimers.

  • ifthethunderdontgetya™³²®©

    .
    Those few in the military who perpetrated these crimes are being held accountable, right?
    .
    Wrong, Rusty. Donald Rumsfeld has not been held accountable, nor have any of the other high ranking officials responsible for moving the CIA’s torture program into the military.
    ~

  • sacredh

    gunny: I like this one.
    “I didn’t get laid last night so I’m mailing this one in.”

  • gysgt213

    Digby’s take on the same story. Notice a difference? But I guess you can go Michael’s way and just call the Telegraph a lier and we can all go home and sleep like babies.
    .
    “So, we don’t know if the pictures Taguba refers to are the pictures which were covered under thee ACLU’s FOIA request, and whether they still exist. We do know that accusations of rape were investigated under both the Taguba and Fay reports, but can’t be sure of the disposition of them. And again, we don’t know if these pictures refer to those specific allegations or if they pertain to different incidents. The Pentagon denies that there are any pictures which depict these heinous acts. In other words, confusion still reigns and suspicions run high.”
    .
    http://digbysblog.blogspot.com/

  • rustyreturns

    Wow, ifthethunder, I didn’t realize there were photos out of Rumsfield participating in the Abu Ghraib prison abuse. When will your sources be releasing those photos? When are you going to post the link to the site that has those photos, or are you just sensationalizing democrat talking points?

  • http://smoothlikeremy.blogspot.com/ sgwhiteinfla

    Not to hold up Scherer as some paragon of journalism, but I said the same thing when the Telegraph ran the paper. They put up some bullsh*t several times before and I think this is just more of it. I don’t know what are in those photographs but I do think its wise not to take the Telegraphs word for it either. That has nothing to do with believing the Pentagon or believing the President, that has to do with the Telegraph’s own credibility. It would however be nice for someone to track down retired Gen Tagube and ask him to confirm or deny the story. If only we knew any journalists..

  • James, Los Angeles

    James, Los Angeles-In all fairness Michael does have a wierd sense of humour.
    ,
    Gunny, Hmmm. I hadn’t considered that, but you’re right. I love your idea. “This one is ripped from Politico.” “This one is a verbatim, faithful representation of what a Cheney mole in DoD told me.”
    .
    Sacredh takes the cake, gotta say.

  • James, Los Angeles

    sg, It would however be nice for someone to track down retired Gen Tagube and ask him to confirm or deny the story. If only we knew any journalists..
    .
    Zack Roth at TPM has tracked Taguba down but he isn’t giving interviews.
    Taguba: Torture Photos Show Rape | TPMMuckraker

  • nathan7777

    Rusty -
    .
    So since the guys at the top weren’t the ones actually torturing or abusing prisoners, they bear no responsibility? You do see the absurdity of that argument, right? By your reasoning, if I hire a hitman to kill my wife, then I’m not guilty because I didn’t pull the trigger. Also, every single leader we’ve ever prosecuted for war crimes is not guilty, because they weren’t the one who actually carried out the crime.

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  • nathan7777
  • rustyreturns

    nathan7777, where did I say that Rumsfield and others in the Pentagon were totally innocent? Where have I said that the military men and women who did these perverted acts did so solely on their own?
    .
    I for one believe that Rumsfield and all the other high ranking military will have very good cover stories if you proceed with a witch hunt, and a witch hunt is exactly what you will be perceived as conducting.
    .
    The abuse was clearly documented in the photos that Bush released. Further proof in my mind is not necessary, and I do believe those who did the abuse were held accountable. I think they are serving time right now for those acts. I am all for holding higher ups accountable for their actions or non-actions if that might be the case. But, my entire point is releasing more photos does not further any cause except that of the Taliban and al-Qaeda recruitment. It does put our military men and women in danger. It seems that You, Michael Scherer and the Telegraph would like to see that happen it seems by calling for more investigations and release of the photos. Thankfully Obama does not.

  • gysgt213

    “Also, as for the car dealership thing…:
    .
    I want to see the video of Michele Malkin peeking in dealership windows.

  • mccainfluffer

    Rather than acknowledge the mistake, as is American journalistic convention, with a clearly posted correction or clarification…

    This is an example of villager delusion. The reality is oh so different.

  • James, Los Angeles

    Ah. This piece by Scott Horton seems to shed more light on Michael’s post and slam against the DT. I was being halfway snarky about the “verbatim recitation of aDoD mole” but it appears I was more accurate than even I intended.
    The full-scale strike against the Telegraph, the leading conservative quality newspaper in Britain, broadened into an offensive against the whole of British journalism, suggesting the precariousness of the public-relations effort..
    .
    More:

    The Pentagon spokesperson, Bryan G. Whitman, who came to prominence during the Bush administration, has drawn on standard operating procedures honed during the Rumsfeld era. Instead of offering correction of supposed factual inaccuracies, he has slammed the credibility of the publication itself. Yet his statement is both sweeping and extremely vague, and the claim that none of the photos reflect the descriptions in the article is immediately belied by an examination of the photos that have already been leaked

    .
    So much for “American journalistic conventions” Michael. Do those include White House reporters publicly teaming up with the Pentagon to attack other publications? Whitman is one of your drinking buddies, maybe?

  • James, Los Angeles

    rusty, I don’t know what this says about me, but I think you make a good argument in your final paragraph about the release of these photos. I don’t agree with your “witchhunt” argument, but your argument against the release of the photos is pretty good. I don’t think Scherer is arguing for the release of the photos, however. I’m in favor of some kind of compromise solution that photos of rape and sodomy of Muslim prisoners don’t enter the public domain. I think there is precedent for that kind of compromise and I’d support it.

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    #2 – Ilikechips: There’s a pretty good reason the MSM didn’t jump all over the Limbaugh/WingnutNews sites story that you claim is being ignored. For the simple reason that unlike your sources, others actually do some fact checking…so, just count it as a small victory for Facts: http://crooksandliars.com/david-neiwert/yet-another-intrepid-malkin-investig

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