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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
Posted on 09/05/2009 5:54:19 PM PDT by Lancey Howard
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To: RedRover; jazusamo; Girlene; 4woodenboats; Grimmy; xzins; smoothsailing; lilycicero; bigheadfred; ..
(( ping ))
This is from a few days ago. (???) I don’t know how it got under the radar.
To: Gene Eric
To: Lancey Howard
Reporter privilege? Since when is it legal to interfere with a criminal investigation?
4
posted on
09/05/2009 5:57:43 PM PDT
by
pnh102
(Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
To: pnh102
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.
5
posted on
09/05/2009 6:05:33 PM PDT
by
muawiyah
To: Lancey Howard
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.
To: Lancey Howard
I would feel better about this if it were Wuterich’s team seeking the footage.
7
posted on
09/05/2009 6:48:37 PM PDT
by
Gene Eric
To: Gene Eric; Lancey Howard; smoothsailing
I think CBS will appeal. Would set a bad (IMO) precedent to let the prosecution get away with this.
8
posted on
09/05/2009 7:07:40 PM PDT
by
bigheadfred
(NEGROMANCER!!!! Run for your LIVES!!!)
To: Lancey Howard; smoothsailing; bigheadfred; Gene Eric
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.
9
posted on
09/05/2009 7:32:32 PM PDT
by
jazusamo
(But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
To: jazusamo
the UCI issue...won't stop the prosecution from peeing into the wind. They seem to enjoy it.
10
posted on
09/05/2009 7:44:57 PM PDT
by
bigheadfred
(NEGROMANCER!!!! Run for your LIVES!!!)
To: pnh102
Reporter privilege? Since when is it legal to interfere with a criminal investigation?What interference? Who interfered?
To: bigheadfred
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.
To: jazusamo
I dont 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.
To: bigheadfred
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.
14
posted on
09/05/2009 8:04:32 PM PDT
by
jazusamo
(But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
To: Lancey Howard
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?
15
posted on
09/05/2009 8:06:12 PM PDT
by
Ken H
To: bigheadfred; smoothsailing; Gene Eric; muawiyah; jazusamo
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.
To: Ken H; RedRover
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.
To: Brugmansian; Lancey Howard; jazusamo
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.
18
posted on
09/05/2009 8:14:15 PM PDT
by
bigheadfred
(NEGROMANCER!!!! Run for your LIVES!!!)
To: jazusamo; Lancey Howard
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!
To: 4woodenboats; bigheadfred; Lancey Howard; jazusamo; smoothsailing; All
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 reporters privilege in federal court practice, so such a privilege cant be found under Military Rule of Evidence 501(a)(4). He also concluded that there is no reporters 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 Generals 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!
20
posted on
09/06/2009 5:33:36 AM PDT
by
Girlene
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