Shep Smith: FOIA that photo! (Update: No can do)

Fox News’ Shepard Smith in on a bit of a tear today. After noting that the US government acted on behalf of the American people in killing Osama bin Laden — which is true, and for which it deserves thanks — it’s not right for the government to withhold the photographic proof. Smith noted that he personally doesn’t want to see the photo, and doesn’t need to in order to believe that bin Laden is dead. But we should see it. So he officially requested, on the air, that Fox lawyers get busy and file the Freedom of Information Act request.

It would be entertaining to see President Transparency make up a pile of excuses to keep the pix under wraps. At least until he’s extracted every drop of milk from the story he can get without the pix.

Update: Judge Andrew Napolitano emailed in to tell Shep that the OBL photos won’t be subject to FOIA.