Navy-Marine Corps Court Hears Appeal in Wuterich v US
The Navy-Marine Corps Court of Criminal Appeals heard oral arguments today, June 25, 2009, on the U.S. v Wuterich appeal from the quashing of a government subpoena of the CBS 60 Minute out-takes of Scott Pelley’s 2007 interview with Sgt Wuterich. The Court will determine the government’s appeal of Judge Meeks’ April 2009 decision denying the prosecutors access to the out-takes based on a military rule of necessity.
Military Judge Rules in Favor of Wuterich
Judge Meeks, in his in camera review of the out-takes, ordered by the U.S Court of Appeals for the Armed Forces earlier this year, identified Wuterich’s out-take accounts of what happened in Haditha in November 2005, as cumulative to the government’s case but not critical. Additionally he found that the information in the out-takes was readily available from other sources.
Journalist’s Privilege Questioned in Court
Today the government argued that that only four of the 12 Federal Circuit Courts have recognized the press privilege and invoked a military procedural rule whereby the military judicial system is required to rely on the rulings of Federal Courts if a given issue has not been vetted in the military appeal process. In other words, there is no precedent in the military justice system for journalists rights to privilege when interviewing non-confidential persons, and in this case, when they are charged with war crimes.
1st Amendment Rights
The defendant in the case, SSgt Frank Wuterich, waived his presence and CBS argued for the rights of journalists under not only press privilege, but under the 1st Amendment to the Constitution. They maintained that a government who impels compliance and turning over of information formed and managed during the editing process is proprietary to the journalist and CBS. Additionally, for the government to subpoena CBS and make them capitulate would, in effect, force the free press into service as another arm of the military investigators and prosecutors.
Possible Appeal to Supreme Court
A ruling on the appeal of Judge Meeks quashing the government subpoena is expected by the end of the summer. The government or CBS could still appeal the ruling of the Court to the highest military appeal court, the US Court of Appeals for the Armed Forces or further to the Supreme Court of the United States. In the meantime, the March 2008 court-martial of SSgt Frank Wuterich is still suspended and awaiting appeal of this single motion.
Tags: Court of Appeals Military Judge Navy Marine Corps Wuterich Puckett Faraj Scott Pelley CBS 60 Minutes
