01 July 2009

U.S. Marine who spoke to reporter cleared of charges

A U.S. Marine Corps enlisted man was cleared of charges by a five member court-martial panel yesterday reports the San Diego Union Tribune today here. The Marine had spoken to the UT's military reporter, Rick Rogers, concerning his role in the disclosure of classified information to civilian law enforcement officials. Last month this blog discussed the case here after the military judge had ordered Rogers to comply with a defense subpoena and testify.

The UT had challenged the military subpoena under the First Amendment's right to a reporter not to disclose non-published information. But defense attorney, retired Marine Corps Brigadier General David Brahms, countered the UT's argument with the accused's right to a full and fair trial which outweighed the reporter's right. Navy Commander Kevin O'Neill, the military judge, agreed and ordered Rogers to testify. O'Neill's order can be found here. But Brahms didn't need to call Rogers as a witness because other testimony was sufficient to make the defense's case.

No comments:

Post a Comment