Posted on 09/19/2008 9:28:52 AM PDT by RedRover
The direct issue before the court was a procedural one, dealing with what legal standard courts should apply in determining whether to grant an in camera review of subpoenaed material. But the outcome of the decision will bear on whether CBS has to turn over its un-aired tapes.
Many of the judges’ questions focused on the CBS outtakes, and how a court would gauge their relevance to a case without first watching the tapes. No one other than CBS knows whether the tapes have evidence that help or hurt Wuterich, the panel pointed out.
Lee Levine, attorney for CBS, argued that there was no difference between the information Wuterich provided in the outtakes and the account he gave in the court record.
“This isn’t a case where material facts are in dispute,” Levine argued. “It’s a fallacy that the government thinks there are distinctions between the tape and the other information the government has.”
Levine also urged the court not to develop a legal standard that would make it easier and more common for military courts to conduct in camera reviews of journalistic materials. Even though such reviews are less intrusive than requiring that the material be disclosed to all parties in a case, Levine argued that in camera reviews still impinge upon journalists’ ability to gather news.
The government attorney, Timothy Delgado, argued that the outtakes of the CBS interview are highly relevant to the government’s prosecution of Wuterich. And the government has no other way to get the tapes other than through CBS, Delgado argued.
“It’s really common sense that [all the information the government needs] is already there,” Levine said.
If CBS doesn’t like what’s going on in Haditha, send them over there and let them fix it.
Just taking a wild stab, I could be wrong but I'd guess if there was anything that would hurt Wuterich it has already been aired.
I watched the interview with Wuterich, and while it is obviously a tragedy that innocent people died, I heard nothing in the interview that pointed at a deliberate killing of innocent people. These marines were in an incredibly stressful situation and making instant life and death decisions. This kind of thing happens in every war and certainly happened many times in WWII. If there was no deliberate killing of innocent civilians, as there was in My Lai, then there was no war crime.
LOL! The idea that CBS would withhold anything damaging is just ridiculous. That’s what makes this such a shamefaced fishing expedition / stalling tactic.
SSgt Wuterich will be exonerated. But God knows how much older he’ll be before he sees the inside of a courtroom.
I would bet on that, the prosecution is on a fishing expedition.
Another classic ping, Red.
Bizarro World is exactly right, Lance. I can’t believe CBS lawyers are the guys in the white hats.
Steve McQueen as Hilts, “The Cooler Ping”.
Even prosecutors must know that by now. Losing every other case should have taught them that much. Why they are continuing to pursue SSgt Wuterich is anyone's guess.
If anything, CBS & the rest of the alphabets are worried that they would have to divulge resources such as the one that gave CNN a terrorist tape that CNN played on TV. Remember Lynne Cheney demanding that Woof Blitzoid reveal where they got it? He sputtered and declined to reveal who shot the video.
One would think the Marine Corp would be happy the so-called Hiditha Massacre has been debunked. Is there anyone out there who could provide some incite as why it is in the Marine Corps’ interest to keep stoking this thing?
Commandant to Hilts, “Kooooler” :)
Hilts to Kommandant: “You’ll still be here when I get out, won’t you?” ;)
You know, that movie REALLY holds up. I loved it in the ‘60s and loved it when I saw it again recently. I was blinking back tears at the end. The sense of patriotism, comradeship, purpose, and self-sacrifice is just so moving. It’s one of the All-Time Greats.
LOL! The look on the Commandants face. Classic!
It really is one of the All-Time Greats, great cast and very good acting. When it was made, less than twenty years after the war people could relate to it, especially those of us who had dads, uncles and other relation in the war.
LOL..has Nat been reading my posts?
Doesn't everyone?
Woes them.
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