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Up until a few moments ago, when CBS News reported Obama's decision, the Administration had issued mixed signals on whether it intended to release graphic evidence of Osama's demise. CIA director Leon Panetta stated that he expected a photo would eventually be released, while Defense Secretary Robert Gates and Secretary of State Hilary Clinton were reportedly opposed. White House Press Secretary Jay Carney said yesterday that "there are sensitivities here in terms of the appropriateness of releasing photographs of Osama bin Laden in the aftermath of this firefight."
But all the agonizing may have been for naught. According to Daniel Metcalfe, the former chief of the Department of Justice's Office of Information and Privacy—a post that effectively made him the government's top expert in the Freedom of Information Act—the odds are better than even that a FOIA lawsuit seeking the photo's release would succeed.