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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: muawiyah

But the msm have only read the First Amendment, they don’t read the rest of the Constitution because it was thw work of dead, straight white guys, so many of whom were Believers.


21 posted on 09/06/2009 6:20:07 AM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: Girlene
Hey, Girl! Hope that means that NCIS won't be able to get away with "recollections" of statements by the accused. Made me think of the Lt Phan case a couple years back, and the North County Times editorial, Lt Phan deserved better.
22 posted on 09/06/2009 6:34:27 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: Lancey Howard; Ken H; Girlene
Girlene found some info that she posted above. I'm no lawyer, but it sounds to me like there'll be more wrangling into October before it goes on to the next level of appeal.

I can't imagine CBS won't take this to the Supreme Court--which means a very long road ahead.

23 posted on 09/06/2009 6:38:45 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Hope that means that NCIS won't be able to get away with "recollections" of statements by the accused.

It sure sounds that way, at least for investigations involving "crimes of violence". The operative word "shall" requires the agents to do just that. However, it seems there are options if they aren't in an NCIS facility with the technical ability to do so. So......they still have the ability to get around this little word "shall". At least it's a start.
24 posted on 09/06/2009 7:06:37 AM PDT by Girlene
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To: RedRover; Girlene

I wonder if there is any reason that Frank’s lawyer can’t proceed with a petition for dismissal based on UCI? Why wait for all this other nonsense to get resolved?


25 posted on 09/06/2009 8:16:21 AM PDT by Lancey Howard
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To: Lancey Howard
I believe they are. From LA Times

........."With Flynn's decision, only the squad leader, Staff Sgt. Frank Wuterich, faces possible court-martial. Wuterich's attorneys are seeking dismissal of the charges on the same grounds of "undue command influence" that led to charges against Chessani being thrown out.".........
26 posted on 09/06/2009 9:53:56 AM PDT by Girlene
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To: Lancey Howard; Girlene

Hopefully, a dismissal based on UCI won’t lead to a Board of Inquiry for SSgt Wuterich. That is what Bob Weimann is predicting as the outcome. Don’t know if a Board would want to see the outtakes or not.


27 posted on 09/06/2009 10:27:15 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
Hopefully, a dismissal based on UCI won’t lead to a Board of Inquiry for SSgt Wuterich. That is what Bob Weimann is predicting as the outcome.

???

I could certainly be wrong about this, but I thought "Boards of Inquiry" were for officers only?

28 posted on 09/06/2009 10:48:55 AM PDT by Lancey Howard
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To: Girlene; RedRover

Interesting indeed, Girl. It seems it may not only cut down on the imagined recollections of agents but the way the interview or interrogation is conducted to begin with.

Though you’re probably right about them being conducted other than in an NCIS facility, some agents taped the rooms where the killings occurred so there wouldn’t be much of an excuse for interrogators not to have a video camera.

Thanks for the info, Girl.


29 posted on 09/06/2009 11:18:13 AM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: muawiyah

No court has ever ruled that the press has immunity from involvement in criminal cases based on first amendment rights. The courts have held that the first amendment prevents prior restraint of the press from printing what they believe is the truth. The media pretends that it’s settled law that the first amendment allows reporters to protect sources, but they sometimes go to jail for doing so.
In this instance, I have to respect the press for standing firm, as it keeps law enforcement from routinely subpoenaing press records in criminal cases.


30 posted on 09/06/2009 11:25:06 AM PDT by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: Richard Kimball
Fur Shur if the press ever starts to just willy-nilly pass its raw notes around to the cops people will stop talking to them.

One of the problems with the internet is that people do their own self-censoring of source materials so no one has any idea what's cut and tossed in the trash. But, we have more sources.

31 posted on 09/06/2009 11:38:14 AM PDT by muawiyah
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To: Lancey Howard
The Corps hasn't used a Court or Board of Inquiry very often so there's not a lot of precedent. To the best of my knowledge, before the MARSOC incident in Afghanistan, it hadn't been used since 1956. That was the Parris Island Ribbon Creek incident and the accused was a DI. Bob Weimann talks about it HERE.

Frankly, we're in such uncharted waters that I don't think anyone can know what's likely to happen next.

32 posted on 09/06/2009 11:44:00 AM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Frankly, we're in such uncharted waters that I don't think anyone can know what's likely to happen next.

I feel encouraged by Bob Weimann's thoughts in the article you posted in your thread, The LtCol Chessani Case: Good News and Bad News... Mostly Bad:

The good news, in my opinion, is that by referring this case to a Board of Inquiry, General Flynn, has passed the responsibility to three of LtCol Chessani’s peers. The test of courage is now theirs. The board composition requires three officers senior to the LtCol Chessani and that probably means a one star general and two colonels (three colonels if he is lucky). I say peers because if Haditha didn’t happen, LtCol Chessani, in all probability, would now be a Colonel.

The Marine Corps is a relatively small organization and an officer’s professional reputation is always known. Chessani's professional reputation will count unofficially with these officers. Hopefully, these officers will be former battalion commanders, with Iraq combat experience, during the years between the 2003 invasion and the “Surge” in 2007. This time period is important because the generals failed to develop an effective strategy in Iraq leaving battalion commanders to figure it out themselves. Bing West in The Strongest Tribe and LtCol Nathan Sassaman in Warrior King both point out the lack of strategic guidance in their books. Hopefully, the Chessani Board of Inquiry will recognize that combat reporting is never perfect and always subject to the friction and fog of war.


33 posted on 09/07/2009 2:37:35 PM PDT by delacoert (Good health to your belly button.)
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