A * Exec. Order will RESTRICT ACCESS to MILITARY TRIAL info

[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:

<snip>

"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>

[Marr]

1. I'm very interested to hear if this applies to the Abu Ghraib materials.

There didn't seem to be much of a conclusion in the last thread.

[texpatriot2004]

9. I know. Me too. n.t

[NoBushSpokenHere]

2. Where is the media????

I am sitting here chanting like someone I saw at the march in DC about faux news -

Where is the media?
Where is the media?
Where is the friggin media?

Recommended

[texpatriot2004]

3. They ought to show up as this effects their ability to do their job

and it seems to effect what can happen to the rebels that do their job in spite of this new secrecy rule...add this one to the laundry list of other secrecy rules of this evil regime.

[Marr]

4. Indeed- I haven't seen a single mention of this EO in the media.

If I missed some coverage, I'd love to know about it.

[texpatriot2004]

5. It happened last Friday, I don't know what time. I wonder if it's

being overlooked with everything else going on?

[DemReadingDU]

6. bad link to the Executive Order

also, would it be helpful to post a link to the original thread?

[texpatriot2004]

7. Link to Executive Order

http://www.whitehouse.gov/news/releases/2005/10/20051014-1.html

[texpatriot2004]

8. Link to Original Thread

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5073399

[DistressedAmerican]

10. This Is Really Ugly Info Folks!!! Kicker!!!

[DistressedAmerican]

11. Nomination. How About A Few More? Important Info.

Stuff like this gets innacted in the shadows. Please give it some light!

[riderinthestorm]

12. Kicked and nominated. That should put it out there with the Greatest. nt

[BeHereNow]

13. Glad to see you are keeping this on the front burner.

Nominated.
BHN

[IndyOp]

14. Possible ramifications --

Please explain to me why these are not possible:

Repression of dissent in the military - 'discipline' doled out by military members can now be referred to tribunals that will dismiss the case and seal the file. No consequences for people who attack 'traitors' in the ranks.

Abuse of citizens to repress public dissent - if Posse Comitatus is lifted so that US military can be assigned to 'police US citizens' and military trials are easily dismissed and records sealed...

:(

[lala_rawraw]

15. Have been on this for few days... working

Brains out to get as much as I can. Keep you posted, but yes, I fear this is a direct response to the 20 day appeal notice.

[converted_democrat]

16. K&R...... n/t

[Rex]

17. So when they start labeling DUrs as "enemy combatants"

all records of the military tribunal will be sealed and dropped down a blackhole? Yikes! That just ASKS for abuse of power!

[texpatriot2004]

18. It's pretty Hitleresque. n.t

[Rex]

19. So when they declare Fitz an 'enemy combatant'...

then attack Iran, we won't know just how much torture went into breaking the man or his sentence? Yikes! So the BFEE now has 'eminent domain' AND secret military tribunals, and no Bacon-Davis act to protect non BFEE businesses? Y-I-K-E-S!!! Who needs martial law when you have something like this in place? This makes organized crime look like Romper Room!

[texpatriot2004]

20. My understanding is that it can only be challenged by a new

president.