In papers filed with the Second Circuit Court of Appeals on Thursday - yes, the same circuit that is home to Judge Sonia Sotomayor - the Justice Department made clear it wants to fight the decision to release detainee abuse photos as sought by the ACLU and others.

The legal briefs say that there are 21 photos specifically addressed by this case, but that there are also a "substantial number of additional images" that could also be obtained through Freedom of Information Act requests, like that of the ACLU.

Arguing against a public release of any photos were two very familiar names in the miltiary, Gen. David Petraeus, now the leader of Central Command, and Gen. Raymond Odierno, the man in charge of US military work in Iraq.

A photo release would "endanger the lives of U.S. Soldiers, Marines, Airmen, Sailors, civlians and contractors," presently serving in Iraq and Afghanistan, said Gen. Petraeus.

The pages of the legal brief are marked SECRET, with a line through that word.

So far in lower courts, the ACLU has won the day on the this legal fight, one reason why the White House decided to give up on the matter.

But after an outcry from both parties and a plea from top military officials, the President switched gears earlier this month on the issue.

Congress could still get involved on this as well. Lawmakers last week included - in a bill funding the wars in Iraq & Afghanistan - a provision that basically prevents the photos from being released in response to Freedom of Information Act request.

Stay tuned on this one.

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