A * Exec. Order will RESTRICT ACCESS to MILITARY TRIAL info [View All]

[texpatriot2004]

At the suggestion of another DUer I have altered the title of my previous thread in order to gain a wider audience here. There are new changes to the Manual for Courts Martial that make "sealed" information impossible to view unless you are an approved viewer...not even by FOIA can you view it. If an appeal fails the sealed information is never to be seen again. Another poster called it "a legal black hole" and used the example of Lyndie England as a case when viewed in light of this change we would never see the photos of the abuse. The information would not have to be "classified" or labeled "National Security" anymore either if it is entered into evidence and sealed it's gone.

Wiki on Court Martial
(there is a link to the 2000 Manual & '02 Changes @ the bottom.)
http://en.wikipedia.org/wiki/Court-martial

Changes as per recent (OCTOBER 14, 2005) Exec. order:
http://www.whitehouse.gov/news/releases/2005/10/2005101...

This is one change:

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"Rule 1103A. Sealed exhibits and proceedings.

(a) In general. If the record of trial contains exhibits, proceedings, or other matter ordered sealed by the military judge, the trial counsel shall cause such materials to be sealed so as to prevent indiscriminate viewing or disclosure. Trial counsel shall ensure that such materials are properly marked, including an annotation that the material was sealed by order of the military judge, and inserted at the appropriate place in the original record of trial. Copies of the record shall contain appropriate annotations that matters were sealed by order of the military judge and have been inserted in the original record of trial. This Rule shall be implemented in a manner consistent with Executive Order 12958, as amended, concerning classified national security information.

(b) Examination of sealed exhibits and proceedings. Except as provided in the following subsections to this rule, sealed exhibits may not be examined.

(1) Examination of sealed matters. For the purpose of this rule, "examination" includes reading, viewing, photocopying, photographing, disclosing, or manipulating the documents in any way.

(2) Prior to authentication. Prior to authentication of the record by the military judge, sealed materials may not be examined in the absence of an order from the military judge based on good cause shown.

<snip>