MILITARY: '60 Minutes' Loses Appeal in Wuterich Case (Court rejects claim of reporter privilege)

http://www.nctimes.com/news/local/military/article_a6804420-f820-559f-b872-c4257412f24c.html ^ | September 2, 2009 | Mark Walker

[Lancey Howard]

A military appeals court has ruled against CBS in a battle over unaired portions of a "60 Minutes" interview with a key figure in the 2005 slaying of 24 Iraqis in the city of Haditha.

The U.S. Navy-Marine Corps Court of Appeals rejected the network's claim of reporter privilege in its battle with Marine Corps prosecutors who want access to the outtakes of Staff Sgt. Frank Wuterich's interview.

Wuterich is charged with nine counts of voluntary manslaughter and related offenses in the incident that was triggered by a roadside bombing that killed one Marine and injured two others. His case has been on hold while the network and prosecutors battle over the interview's outtakes.

In a ruling issued Aug. 31, the court turned aside a CBS argument that the First Amendment provides reporter privilege that would allow the network to refuse to share the outtakes, which prosecutors contend could contain material that would help them prove their case.

A military judge at Camp Pendleton had ruled three of eight interview segments were relevant and said the judge's ruling that quashed a subpoena for that material was inappropriate.

The network can appeal to the U.S. Court of Appeals for the Armed Forces...

[Lancey Howard]

(( ping ))

This is from a few days ago. (???) I don’t know how it got under the radar.

[Lancey Howard]

(( ping ))

[pnh102]

Reporter privilege? Since when is it legal to interfere with a criminal investigation?

[muawiyah]

It's a First Amendment issue for the press and a Fourth and Fifth Amendment issue for the accused.

At this point in the process it's pretty clear no crime took place.

[smoothsailing]

Thanks for the ping, Lancey. Hopefully CBS will not appeal and drag this travesty out further.

The USMC should just drop the charges against Frank and be done with it. Knowing the prosecutors history though, I doubt we will see that happen.

[Gene Eric]

I would feel better about this if it were Wuterich’s team seeking the footage.

[bigheadfred]

I think CBS will appeal. Would set a bad (IMO) precedent to let the prosecution get away with this.

[jazusamo]

Thanks for the ping, Lancey.

I don’t know how it got under the radar, I check the NC Times daily and totally missed it.

I agree with Smooth that CBS should not appeal and they should get on with the case, this is just prolonging the misery for Frank and his family. There can’t be a thing in the out takes that could hurt Frank or CBS would have included it in the program.

I also agree with BHF that CBS will appeal, it’s a big deal and a First Amendment issue with them.

Like Smooth said, the Corps should drop these charges against Frank and be done with it, unfortunately that probably won’t happen. However, the UCI issue very well could end this fiasco of a persecution.

[bigheadfred]

the UCI issue...won't stop the prosecution from peeing into the wind. They seem to enjoy it.

[Lancey Howard]

Reporter privilege? Since when is it legal to interfere with a criminal investigation?

What interference? Who interfered?

[Brugmansian]

I think CBS will appeal. Would set a bad (IMO) precedent to let the prosecution get away with this.

Why should CBS be more protected than you and me? If I had this video, I would have to turn it over.

[Lancey Howard]

I don’t know how it got under the radar, I check the NC Times daily and totally missed it.

Same here. What's more, the ruling was issued on August 31. It apparently got by Mark Walker and the NC Times for a couple of days.

[jazusamo]

won't stop the prosecution from peeing into the wind. They seem to enjoy it.

You're absolutely right but a knowledgable judge and/or appeals Judge Advocate board can stop that flow just as they did with LtCol Chessani.

[Ken H]

If I understand correctly, the prosecution and CBS are the ones at odds here.

Is this dispute just between those two sides, or has the Wuterich defense also taken a position?

[Lancey Howard]

I think CBS will appeal. Would set a bad (IMO) precedent to let the prosecution get away with this.

The interesting thing about the '60 Minutes' case is that there is no "source" being protected; no "reporter priveledge" at stake. This is about "outtakes" left on the cutting room floor. I think '60 Minutes' might not have much of a leg to stand on.

I also agree that there's likely nothing damning in the outtakes anyway, or CBS would have certainly used it to try to bury Wuterich in the aired segment. The problem is that the crooked scumbags on the prosecution side will have more stuff to spin.

[Lancey Howard]

Is this dispute just between those two sides, or has the Wuterich defense also taken a position?

I do not believe the defense has filed any legal motions in the matter, but they were on record as siding with CBS. They don't want the corrupt scumbags on the prosecution side getting their filthy paws on something else they can spin.

[bigheadfred]

Why should CBS be more protected than you and me?

It isn't that, so much. I completely detest certain Generals and the little bitches who do their bidding.

I don't trust Military Courts. And I don't know how familiar you are with this case, but the language of the "request" for the outtakes included the supposition the Wuterich may have made a nonverbal admission of guilt (WTF?). I say it is a fishing expedition and the way they have dragged this out makes me believe the prosecution, a certain Congressman, certain Generals, and their little bitches will stop at nothing to get a conviction in a case that isn't a case. It's a witch hunt.

[4woodenboats]

They probably kept a low profile on this latest because they knew there wasn't anything to begin with.

SeeBS and protecting the rights of someone from what they feel was "Bush's War" never tasted quite right, like wine left in the cupboard over the stove....it was a bit too gritty to swallow.

I'd find it easier to believe they (the entire pack of hyenas) colluded in delaying this until they had Chessani or....something. Thanks for the ping!

[Girlene]

Here's a summary of the court's decision at CAAFLOG, NMCCA Unanimously Reverses Military Judge's Order Quashing Subpoena in Wuterich

In part,........."He concluded that there is no generally recognized reporter’s privilege in federal court practice, so such a privilege can’t be found under Military Rule of Evidence 501(a)(4). He also concluded that there is no reporter’s privilege available under the First Amendment. The court did, however, expressly authorize CBS News to seek a protective order from the military judge to provide some protection for its proprietary interests before divulging the outtakes."............

And here is Wuterich's team response to the Solicitor General’s opposition to cert, Reply to SG's opp in Wuterich. Not sure I understand what's going on here. I agree with Lancey.....if these outtakes are ever granted to the prosecution, they will merely be used for spin. Meanwhile, SSgt Wuterich continues to wait for his day in court.

In other news, I found this interesting. NCIS Policy on Recording Interrogations. It seems NCIS has changed its policy on recording interrogations in their manual as of Sept, 2008. The new policy states:

..........“The recording of interrogations by overt video and audio means within the confines of an NCIS facility having the technical capabilities for such recording shall be accomplished in all interrogations involving crimes of violence.” ...........

And, in an investigations for non-violent offenses they suggest this:

........"“Recording interrogations in non-violent crimes shall be strongly considered in those cases that lack evidence the person being interviewed committed the offense.”............

Interesting!