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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 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!
20 posted on 09/06/2009 5:33:36 AM PDT by Girlene
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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: 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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