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Wednesday, February 1, 2023

Transparency and courts-martial: still a failing grade

ProPublica is doing great work on the indefensible shortfall in court-martial transparency. Here is their latest reporting. DoD has to change its mindset about transparency if it is going to foster public confidence in the administration of justice. Excerpt:

The new Pentagon guidance also allows the military to permanently seal the trial record if the defendant is found not guilty. This could also prevent an assessment of fairness. For example, if a general is accused of sexual assault and found not guilty, the military doesn’t have to release any court records about the case, and the public would not be able to scrutinize how the case of a high-ranking officer was handled.

If a service-member is acquitted following a public trial, why should the record of that proceeding not be available to the public thereafter?

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