sign in sign up
<<
Home , Military branch, Military justice

A Reporter’s Guide to

Marine Sgt. Clayton J. Lo- netree stood on 13 counts of in Quantico, Va., in 1987. While most espionage are handled in traditional civilian , Lonetree’s trial was handled by the military, and became one of the most high-profile courts-martial the country had ever seen. The public and the press demanded details, but the military and the government wanted anything but. When he was found guilty on

AP PHOTO all counts, Lonetree became the first Marine convicted for spying against the United States. Lonetree was a Marine Corps embassy guard in Moscow when he met a local woman and started a romantic relationship. The woman turned out to be a Soviet agent. Soon, Lonetree was passing confidential information to a number of Soviet agents while serving in Moscow and later while on duty at the U.S. Embassy in Vienna. During his -martial, the military presiding over the proceedings closed the courtroom during testimony of some witnesses because it included disclosures of classified information. continued inside AP PHOTO Lynndie England was court-martialed in 2005, and was convicted on six counts stemming from her role in the Abu Ghraib prisoner abuse scandal.

Although Lonetree lost an appeal based tainly not unique to the military system, and Advocate General, and the on violations of his Sixth Amendment right traditional civilian courts are no strangers to supplements the manual with the Military to a public trial (the trial judge was found to controversy. But the complete control that Justice Manual Commandant Instruction have properly balanced the right of a public military officials have over their own system M5810.1d. Any reporter covering military trial with the need to protect classified infor- of justice and the unusual procedures for courts and the military in general should mation), the closures and constant secrecy handling justice can leave reporters baffled as be familiar with the UCMJ and Manual for led some to conclude that the military was they try to cover the courts-martial system. Courts-Martial. simply hiding its own mistakes. Journalists who hope to understand the The trial was technically open to the process and report meaningfully to their What is a court-martial? media, but journalists were not allowed in readers and viewers need to master the mili- A court-martial is the military’s version the courtroom. Instead, they watched via tary justice system so that they understand of a civilian criminal trial. It is designed to closed-circuit television from outside the not just the controlling , but the proce- specifically try military offenses. courtroom. dures and customs that will fundamentally Twelve categories of people are subject A St. Petersburg Times editorial alleging a affect how easily they can cover a story. to courts-martial, including military per- military coverup described how “reporters sonnel, members of certain quasi-military were excluded from Lonetree’s trial. They How does military law work? organizations (such as Public Health Service were allowed to watch the proceedings on As with civilian courts, military courts members when serving with the armed television, which was frequently turned off abide by the U.S. , and forces), military prisoners, prisoners of , for closed sessions when the judge ruled federal . The military, however, is and under very limited circumstances, cer- that classified material was being discussed. also bound by the Uniform Code of Mili- tain specified categories of civilians. These Often, as the reporters covering the trial have tary Justice (UCMJ), which is the military’s individuals are subject to the stated, the system was not reactivated when criminal code. Enacted by Congress in 1950, system regardless of where the incident in the so-called ‘open’ session was resumed. it applies to all worldwide. question occurred. The public does not know all that went on The UCMJ has many unique classifications When a service person has been accused at the trial.” of in addition to the typical misde- of an offense, the charges are investigated The Chicago Tribune reported that jour- meanors and felonies found in the civilian by the accused’s commander or — if the nalists “are relegated to a building about justice system. is complicated or severe — military 100 yards away, where they can view the In addition, the military courts are bound or civilian officials. As with proceedings on two television monitors. . . . by the Manual for Courts-Martial, which was the regular court system for civilians, little if At the mere mention of ‘national security,’ created by a presidential Order and any of the information gathered at this stage the courtroom is closed and the TV screens sets out procedures governing courts-martial is publicly available. After the investigation, are blackened, as they were . . . when the proceedings for all military branches. the officer may do nothing, take administra- government wanted to protect the identity Each branch is authorized to supplement tive action, impose non-judicial , of an intelligence official who was called the Manual to meet individual needs. The Air “prefer” charges or send the case to a higher to testify.” Force has Instructions, the authority to prefer the charges. Judicial secrecy and allegations of cover- has Army 27-10, the and “Preferring” the charges is the first step in ups or favoritism toward witnesses are cer- Marine Corps have the Manual for the Judge a court-martial. At this stage, the investigat-

Page 2 The Reporters Committee for Freedom of the Press Summer 2006 ing officer reads the charges to the accused recommendations to a convening authority legal error. If the sentence includes , off of a charge sheet. He or she then signs to convene a courts-martial or dismiss the appeal is mandatory. If the branch appeals the list under oath before a commissioned charges. court affirms the conviction, the accused military officer. Once charges have been The accused has the option to be tried may appeal to the Court of Appeals for the preferred, they are “referred” to the appro- by a military judge alone, or a military Armed Forces in Washington, D.C., and, priate court-martial. Typically, which type judge and a panel of five members. Unlike after that, the U.S. . Review of the three court-martial proceedings the civilian criminal courts, only capital cases of these appeals is discretionary. accused will face depends on the seriousness require a unanimous . Cases involving of the charges. confinement for more than 10 years require Where courts-martial are held Summary Courts-Martial: Summary a three-fourths majority. All lesser crimes Courts-martial can be convened in any courts-martial review minor charges against need only a two-thirds consensus to convict. location and have been held in tents or enlisted service people, although the accused A general court-martial can adjudge any other facilities adapted for the trial and are may object and ask that the case be referred sentence, including death, that is authorized routinely conducted aboard ships while at to another type of court-martial. Officers, by the Manual for Courts-Martial that is sea. Normally, however, courts-martial are cadets, aviation cadets, and midshipmen do consistent with the offense the accused was conducted in a court room on a military base. not face summary court-martial. Summary found guilty of committing. Each has circuit trial courts-martial are headed by a commis- Appeals process: Convictions from a sum- courts in specific regions that oversee indi- sioned officer who does not need to be a mary court-martial may be appealed to a vidual bases, installations and commands. . Except for the Air Force, which judge advocate who will review whether the But reporters should first check with the provides all defendants a military attorney, legal and factual findings and sentence are local base where a occurred or where an accused facing summary courts-martial correct. If the judge advocate disapproves the accused is being held. is not entitled to free representation by a of the holding, he will send the case to a The Army has six geographically located military attorney but may hire an attorney general court-martial convening authority circuits, according to the Army at his or her own expense. A guilty finding for a correction. If the convening authority Web site (http://www.jagcnet.army.mil/ by a summary court-martial can result in a declines to correct the holding of the case, USATJ). maximum confinement for 30 days, forfei- the Judge Advocate General will review it. The Army’s 1st Judicial Circuit covers the ture of two-thirds pay for one month, and a Special or general court-martial convic- Northeastern and Middle Atlantic States; the reduction to the lowest pay grade. tions where the sentence includes death, 2nd Judicial Circuit covers the Southeast; the Special Courts-Martial: The intermediate dismissal from the service, or confinement 3rd Judicial Circuit covers the Southwest level of courts-martial is the special courts- for at least one year of particular officers are and Midwest; the 4th Judicial Circuit covers martial, which try any serviceperson accused appealed to the branch’s Court of Criminal the Far West; the 5th Judicial Circuit covers of a non-capital offense and certain capital Appeals. These courts are permitted to Europe; and the 6th Judicial Circuit covers offenses. Typically, a special courts-martial review the facts and the appropriateness of the Far East. reviews offenses that would be classified as the sentence, in addition to reviewing for The Air Force has five trial circuit courts. in the civilian system. The accused has the right to choose for his case to be heard by only a military judge, the military judge plus a three-member panel or a three-member panel without a judge. If the accused is enlisted, he may request that his What’s a JAG? panel includes enlisted service members. A military attorney is appointed to each case. The maximum punishment for someone Each branch of the military has a le- attorneys. found guilty by a special court-martial is a gal component, and the Judge Advocate A judge advocate is typically the year-long confinement, up to three months General is the senior legal officer in each chief military lawyer at an installation, of hard labor without confinement, forfei- branch of the military. As Judge Advocate but the functions of the position vary ture of two-thirds pay per month for up to General of a particular service, the indi- with the services. A judge advocate also one year, reduction in pay grade and a bad vidual is also tasked as legal adviser to the serves as a legal adviser on a military conduct discharge. service’s secretary. commander’s staff. General Courts-Martial: General courts- The military who work for the Military are drawn from the martial are reserved for the most serious JAG are known as judge advocates, and JAG Corps. A judge advocate can become offenses, typically classified as felonies in comprise the judicial staff of the armed a military judge if the particular service’s the civilian system. Before a general court- forces, generally called the JAG Corps. Judge Advocate General certifies that the martial is convened, a pre-trial hearing called Judge advocates serve as trial — person is qualified for the duty. Every an Article 32 hearing is held. An Article 32 and defense lawyers. Depend- general courts-martial and most special hearing may be waived by the accused. Ar- ing on the branch, individual lawyers may courts-martial will have a military judge ticle 32 hearings are similar to grand be one or the other. A judge advocate may assigned. in civilian courts in that they investigate prosecute a court-martial one week, and The military attempts to guarantee a the charges to ensure the supports defend a serviceman in a court-martial the degree of independence for the judicial them. Unlike a grand , though, the ac- next, although this practice is becoming system by making the judges and JAG cused and his or her may examine less common. For instance, in the Air Corps attorneys responsible to a separate the evidence, cross-examine witnesses, and Force, advocates start out as prosecutors chain of command topped by the branch’s offer their own arguments. At the end of and after gaining experience may become Judge Advocate General. the hearing, the investigating officer makes

Summer 2006 A Reporter’s Guide to Military Justice Page 3 AP PHOTO Sgt. Maj. Gene McKinney arrives at Ft. Belvoir, Va., on Feb. 3, 1998, for his court-martial on sexual misconduct charges. Access to military justice: the key cases

Though the First Amendment grants local commander’s discretion and are often the right of public access to criminal trials a presumptive right of access to courts- closed, especially with cases attracting media extends to courts-martial, but found that martial and pretrial proceedings, reporters attention. The Washington Post quoted Army fair trial rights were not denied by clearing often have been frustrated by efforts to Chief of Staff Dennis Reimer as saying that the courtroom while a child testified about keep them out — usually out of a presid- Article 32 hearings “are never open,” and the her father. Although the court said a strin- ing judge’s interest in protecting privacy Army tried to justify closure by arguing that gent test must be applied before closing a interests or expediting the proceedings. it would minimize “distraction” from the is- proceeding, it was appropriate to consider In June 1997, the U.S. Court of Appeals sues and ensure McKinney’s fair trial rights. factors such as the age and psychological for the Armed Forces in Washington D.C., The order was challenged by five tele- maturity of the witness, the nature of the made it clear that Article 32 preliminary vision networks and the Post. McKinney, crime, the desires of the victim, and the hearings must be open to the public his main accuser Brenda Hoster, and two interests of parents and relatives. unless there is a specific and substantial military justice groups also argued for open In United States v. Travers, the U.S. showing that the proceeding needs to be proceedings. The court overruled the closure Court of Military Appeals in 1987 upheld closed. In ABC Inc. v. Powell, the highest order and made clear that the presumption a denial of closure of a pre-sentencing military court held that a preliminary is that such hearings must be open unless hearing, which the defendant requested hearing in the sexual misconduct case there is a specific showing of need for closure. to protect him from the embarrassment against Sgt. Maj. Gene McKinney must Other key military access rulings: he would feel after his actions as an infor- be open to the public, unless the Army In United States v. Grunden, the U.S. mant were revealed. The court said that could show a specific and substantial need Court of Military Appeals in 1977 applied “the presumption of openness may be for secrecy. The Army had argued that to the Sixth Amendment right to a public trial to overcome only by an overriding interest ensure McKinney’s rights to a fair trial courts-martial in a case involving espionage- based on findings that closure is essential and protect alleged victims’ privacy, the related charges against an Air Force airman. to preserve higher values and is narrowly preliminary hearing must be closed. The The court said “as a general rule, the public tailored to serve that interest.” Such a hearing was to determine whether there shall be permitted to attend open sessions of determination must be articulated on the was sufficient evidence to support charges courts-martial.” Spectators can be excluded record based on specific findings. of adultery and indecent assault stemming from portions “only to prevent the disclosure from the allegations of four female service of classified information.” The court made Citations: members. it clear that asserting “security” or “military ABC Inc. v. Powell, 47 M.J. 363 (1997) The ruling came after Army officials necessity” does not automatically overcome United States v. Travers, 25 M.J. 61 (1987) at Fort Myer in Arlington, Va., ordered the right to an open trial. United States v. Hershey, 20 M.J. 433 the Article 32 hearing closed. Officials In United States v. Hershey, the U.S. Court (C.A.M. 1985) told reporters that access is left to the of Military Appeals reaffirmed in 1985 that United States v. Grunden, 2 M.J. 116 (1977)

Page 4 The Reporters Committee for Freedom of the Press Summer 2006 AP PHOTO/CHARLIE HALL Coast Guard Cadet Webster M. Smith, second from right, was court-martialed in June 2006. Smith was sentenced to six months in jail for extortion, assault and other charges.

The five locations are headquartered at an Atlantic Area Maintenance and Logistics regular basis to the prosecution and defense. Ramstein Airbase in Germany near Kai- Command. According to a Navy Judge Advocate General serslautern, Yokota Air base, west of Tokyo, Reporters seeking statistical information spokesperson, “It is usually updated weekly Lackland Air Force Base in Texas, Travis Air and other important data regarding trials and can be obtained by a reporter contacting Force Base near Fairfield, California and held by the individual branches should review the region PAO.” Bolling Air Force Base in Washington D.C. the Annual Reports located on the court of James W. Crawley, a military reporter for Courts-martial are sometimes held at those appeals for the armed forces Web site. Media General News Service’s Washington locations, but a large majority of trials are bureau who also serves as vice president of held where the offense occurred. Covering courts-martial: the journalists’ association Military Report- The Navy and have six joint Finding the docket ers and Editors, recommends that reporters judicial areas and circuits that are part of Reporters’ First Amendment right of tell the base public affairs office that they the Navy-Marine Corps Trial Judiciary. The access to military judicial proceedings want to know about every case that gets filed, circuits are broken up into the following encompasses the right to know what cases and recommends establishing a relation- regions: Northern with the circuit judge and proceedings are pending and when they ship with the office. Reporters may have an located in Washington, D.C., Central with are to be convened, said attorney Matthew easier time getting information after they the circuit judge located in Norfolk, Va., Freedus, a partner at Feldesman, Tucker have been covering a particular place for a Eastern with the judge at Camp Lejeune, Leifer Fidell LLP in Washington, D.C., and period of time. N.C., Southern with the judge in Jackson- a former Navy judge advocate. Getting the public affairs office to release ville, Fla., Western with the current judge at But unlike the federal system where a docket information, however, can be an up- Camp Pendleton Calif., and Westpac with docket of upcoming judicial matters is spelled hill , Crawley adds. “If the public affairs the current judge located in Pearl Harbor, out and usually easy to locate, dockets can be office is unable to tell you when proceedings Hawaii. The location of the circuit judge elusive in the military justice system. Gener- are to be held, you could call everyday, tell may shift in both the Western and Westpac ally, dockets are not posted in a particular the office you want to go see a court-martial circuits depending on the location of the public location as in civilian courthouses. today and send someone on a daily basis until individual who is designated as circuit judge. The availability of a docket for an individual they realize that they need to provide you The Coast Guard has nine districts — base depends on the commander’s policies. with the docket,” Crawley suggests. oddly numbered now after years of consoli- Some, but not most, may even be available Tom Roeder of The (Colorado Springs) dations and closures — and two maintenance online. Gazette concurs. If you want access, “You and logistics commands. The 1st District To get a copy of a docket or learn about have to ask for it. You have to be aggressive is in Boston; the 5th in Portsmouth, Va., upcoming proceedings, reporters should in pursuing access to military courts or you the 7th in Miami, the 8th in New Orleans, request the docket from the public affairs won’t get it.” the 9th in Cleveland, the 11th in Alameda, officer or the installations’ law center. Calif., the 13th in Seattle, Wash., the 14th Reporters covering the Navy and Marine Getting on base in Honolulu, Hawaii and the 17th in Ju- Corps should be aware that each judicial Courts-martial are “public” proceedings neau, Alaska. There is also a Pacific Area circuit within the Navy and Marine Corps — if reporters can get to them. Of course, Maintenance and Logistics Command and publishes a docket that is distributed on a hearings held in battlefield conditions or

Summer 2006 A Reporter’s Guide to Military Justice Page 5 onboard ships raise much more difficult And the appeals court has repeatedly ruled What should I do if I am shut out of access issues. that reporters may not be shut out when a hearing or court-martial? Once journalists identify a hearing to someone is merely concerned about embar- Under the First Amendment and Rules cover, they should alert the base or installa- rassment or generalized “security” interests, for Courts-Martial 405 and 806, convening tion public affairs officer that they want access or when claims of “military necessity” are authorities may not eject reporters from an to the base for the hearing. Since military made without supporting facts. Article 32 hearing or courts-martial without bases are not open to the public, the public Reporters have success- a written explanation iden- affairs officer will likely ask for a reporter’s fully overturned decisions tifying specific reasons Social Security number, date of birth, the that improperly denied why the right to privacy type of vehicle he or she intends to drive to them access. Sandra Jontz, a outweighs the public right the base, and its tag number and state. The reporter for Stars and Stripes of access. public affairs office can prepare temporary in Naples, Italy, was denied Reporters who are vehicle passes in advance in most cases and access to an Article 32 hear- asked to leave a proceed- provide a windshield placard upon arrival. ing. (Stars and Stripes is a ing or who are told upon Once on base, be prepared to show proper military-funded daily news- arrival that it has been identification. paper given independent closed should “immedi- Although the public has a right of access as a “First Amendment ately request the written to military court proceedings, bases and newspaper.”) ruling — the decision is military installations typically are not open The pretrial proceeding supposed to be in writing to the public, so reporters should expect to was held to investigate alle- — from the military judge be escorted while on base. Recording devices gations of indecent acts with or investigating officer,” and cameras can be brought to the base but a minor, sexual harassment, Lederer recommends. the rules for court-martial ban them from and fraternization against a Sandra Jontz Whether or not the the courtroom. chief petty officer with the ruling is in writing, object Naval Computer and Telecommunications orally and in writing to the closure. The right of access Station in Naples. Before the hearing started, The 1997 case ABC Inc. v. Powell (see side- Though the military justice system works Jontz was told it would be closed. Jontz said ) is an excellent decision to cite, according differently than the civilian she wanted the opportunity to Crawley, because the language makes system, the news media has to object on the record be- clear that both courts-martial and pre-trial the same qualified First fore the investigating officer proceedings are presumptively open. Amendment right of access and would attend the hear- Also, request the opportunity for the to military proceedings as ing to do so. Her request, media organization to present its objection they do to attend civilian however, was denied. orally and in writing on the record of the criminal court proceedings. “The parties wanted to proceeding and to respond to the positions Under narrow circum- keep the nature of the of- of the parties. “These are also procedural stances, entire Article 32 fense [sexual misconduct due process rights established by military hearings or courts-martial, with a minor by an of- ,” Lederer said. or just parts of those pro- ficer] quiet,” Max Lederer If the authority refuses to do so, and ceedings, may be closed explained. Lederer is the reporters who have access to counsel should — but the closure must chief operating officer and seek out an attorney who can appeal the deci- be supported by either a general counsel for Stars sion to the military appellate court. particular evidentiary rule and Stripes, and is a former Be prepared to experience more frustra- or a written determination Army judge advocate. “The tion at Article 32 hearings than at courts- by the presiding authority officer was embarrassed, martial, because investigating officers in that a particular testimo- James W. Crawley the victim’s family did not Article 32 hearings often have no legal train- nial privilege outweighs the want the incident to become ing — they are not required to — and are public’s right of access and that the closure common knowledge, and the command was often ignorant of the public’s right of access. is narrowly tailored to protect the privacy embarrassed by the incident.” It may be difficult to get a presiding officer interests at stake. Embarrassment, however, is not a suf- to reconsider a decision to close a session, Courts uphold closure where military law ficient basis for closing a courtroom. The but it is not impossible. At one court-martial requires it. For instance, Military Rule of Evi- newspaper “filed a writ with the Navy- hearing reporter Tom Roeder attended, the dence 513, dealing with the psychotherapist- Marine Corps Court of Criminal Appeals. government wanted a CIA operative to testify patient privilege, authorizes a military judge Within days of when we filed and publish- in a closed session but Roeder and other me- to conduct a closed hearing when litigating ing a story regarding the process the Navy dia publications insisted the testimony take the issue of whether patient records may be senior legal officer dismissed the Article 32 place in an open courtroom. “We objected released to the defense. And courts generally hearing,” Lederer explained. on the record during a trial and got the judge uphold the closure of military proceedings “It was readily apparent [to us] that the lo- to reconsider what he had decided,” Roeder where disclosure of information will likely cal authorities had exceeded their authority,” said. “Getting to watch the CIA guy testify harm national security or where the case Lederer continued, “but the local authorities from behind a curtain was just awesome.” concerns a sexual assault. Even in these types will do this if they think they can get away Once admitted to a proceeding, reporters of cases a determination on the record must with it. Reporters should not assume that may take written notes of the proceedings be made based on the specific facts of the case. decisions are being made for the right reasons while in the courtroom and sketch artists The Military Court of Appeals has never even if the reasons appear to be moral and may draw court participants. Audio and visual affirmed the blanket closure of an entire trial. are sympathetic.” recording devices, however, except for those

Page 6 The Reporters Committee for Freedom of the Press Summer 2006 necessary for preparation of the record of “The military generally does not provide to Lederer. Alternatively, reporters may take trial or for use as an aid to the introduc- any documents submitted to the court prior the objection directly to the service Court tion of evidence at the court-martial, are to the close of the hearing so the best method of Criminal Appeals. prohibited. is to be present at the hearing,” Lederer Court documents, such as a record of trial, A reporter’s ability to talk to witnesses said. “In the military system the closure may be obtained by contacting the clerk of in Article 32 hearings and courts-martial of proceedings by the military judge is not a military court, or through the Freedom depends on being able to locate the witness the final step. The record of trial has to go of Information Act (the military is subject and on his or her willingness to talk. Most through a review process by the judge, local to FOIA, unlike civilian courts, and no ex- service people, and therefore, most witnesses, staff judge advocate and then is sent to the emption applies to records of closed cases). live on base or installation, on which the convening authority for implementation. Again, however, individual documents in the public is not permitted to freely roam. But The military argues that the record is not record may not be released if the military if a witness can be contacted, there are no final and releasable until this process is com- judge seals that portion. This may occur, for rules barring interviewing them, although, plete.” According to Lederer, this process example, in a child pornography case. The as with civilian courts, gag orders can be “can take months.” military judge routinely orders any images of entered in individual cases that may limit Reporters should ask the presiding official child pornography that were admitted into what witnesses can say about a case. for access to inspect evidence. If a journalist’s evidence to be sealed, with authorization to request for evidence or access to a witness is open such exhibits limited to the convening Records and evidence denied, he or she may appeal the denial to authority, his staff judge advocate, the ap- Though reporters have a right of access the convening authority and then follow the pellate courts, and appellate counsel. The to the record of a court-martial and Article convening authority’s chain of command up purpose behind this is to ensure that the 32 hearing, the process for gaining access to the service level. This process, however, is judicial system is not a party to the further can be long. slow and unlikely to be successful, according dissemination of these images. ◆

Military reporting tips

Experiences will vary base-to-base objection on the record. You should make information, a reporter can make a request and branch-to-branch because there is your objection as broad and comprehensive from the public affairs office or can obtain no militarywide blanket rule. Openness as possible to increase the chance of having statistics on the military justice system depends on the command. With this in the decision to close overturned, according for all branches from the Annual Reports mind, here are some tips from those who to Matthew Freedus, a lawyer who handles available on the Appeals Court Web site have covered the military: many military cases. (www.armfor.uscourts.gov/Annual.htm). Know the law. Be familiar with your Stay in contact. Cultivate the public affairs Also, groups like Military Reporters and rights to attend proceedings and be officers. One of a journalist’s first points of Editors have a variety of materials that can prepared to assert those rights when contact should be the base public affairs of- serve to educate a military reporter. MRE challenged. In addition to a familiarity fice. Let those people know that you want also has a listserv for military reporters with cases cited as authority for access, certain information on a regular basis. Be that can be used to seek out advice from be prepared to point to other authority prepared to make repeated requests. Let other reporters in similar situations (www. if there is no Court of Appeals for the them know that you will want to cover certain militaryreporters.org). Armed Forces opinion. Specifically, in proceedings from time to time, but you need Play all sides. If the government denies that situation know what the authority is to know what is happening in order to decide you access, Crawley suggests talking to for that particular service court. which hearings to cover. Request a copy of the defense attorney. Many of the civil- Learn how the military justice system the court’s docket. Cultivate relationships ian military attorneys are former judge works. In addition to cultivating relation- with civilian military attorneys because they advocates who no longer serve in the ships with the public affairs officers, when are more likely to tip you off, according to armed forces. you first arrive on the beat it is a good Stars and Stripes reporter Terry Boyd. Be persistent. Get to know the person- idea to ask for a meeting with those run- Have reference materials. Both journalists nel and policies of the specific branch ning the military justice system on base. and public affairs officers suggested that and base you are covering. The ease with This includes the chief military judge and military reporters should be familiar with the which you are able to receive information both the chief defense attorney and chief Manual for Courts-Martial and the Uniform depends on the commander of the base. on base. Also, many civilian Code of Military Justice. Both are available Follow-up with the public affairs office military attorneys who were once officers online, but Media General military reporter until you get answers to your questions. of the Judge Advocate General’s Corps James W. Crawley suggests keeping a hard Certain branches are more cooperative and who prosecuted or defended military copy for easy reference. Also, having a copy than others and unfortunately the level accused are good sources to cultivate — will make formulating requests less frustrat- of cooperation varies from command to primarily because they are not bound by ing, more accurate and decrease delays in command. Reporter Tom Roeder echoed openness rules set by base commanders. receiving the requested information. Also, if the advice of many journalists who cover Be prepared to object. If you are in a pro- you are looking for a general understanding, military justice — a reporter needs to be ceeding and are asked to leave, be prepared the Web site of the Court of Appeals for the aggressive with the military justice system, to object. Ask to make your objection on Armed Forces is a good source (www.armfor. and if you don’t ask for access you won’t the record and ask for a decision on your uscourts.gov/index.html). Also, for statistical get it.

Summer 2006 A Reporter’s Guide to Military Justice Page 7 The Reporters Committee for Freedom of the Press is com- law help, there’s the Open Government Guide, a complete guide mitted to helping journalists understand the that affect news- to each state’s open records and meetings acts. Also, Access to gathering. And we have a wide array of publications that can help. Electronic Records tracks developments in the states regarding We’ve got special reports like Homefront Confidential, an computerized release of data. examination of access and information policy issues in a post- And of course, there’s the First Amendment Handbook, a September 11 world. guide to almost every aspect of media law with practical advice Our Reporter’s Privilege Compendium offers a detailed look for overcoming barriers encountered every day by journalists. at each state’s shield laws and court decisions that affect the ability For these and many more publications, visit our Web site. of reporters to keep their sources and information confidential. Read these guides online — for no charge — or purchase a copy For help with gaining access to government records and meet- to read in print. ings, we’ve got How to Use the Federal FOI Act. Or for state Visit our online First Amendment newsstand at: www.rcfp.org/publications