Judge Army Col. Denise Lind, who is presiding over the court martial proceedings for Pfc. Bradley Manning, once voiced her support for granting the media greater access to records in military court martials. From the Military Law Review journal in 2000:

The current Rules for Courts-Martial governing access to Article 32 investigations and courts-martial proceedings provide standards for closure that violate the media First Amendment right of access. Rule for Courts-Martial 405(h)(3) allows Article 32 investigations to be closed in the discretion of the commander who directs an Article 32 investigation or the investigating officer. Rule for Courts-Martial 806(b) allows courts-martial proceedings to be closed for good cause. Closure under these standards does not satisfy the compelling interesthndividualized findings narrowly tailored means test. The current closure rules lull counsel and trial courts into closing proceedings and sealing information without making findings on the record. There is also no express authority for the military judge to control and release judicial records filed in connection with a court-martial.

Both R.C.M. 405(h)(3) and R.C.M. 806 should be amended to incorporate the compelling interesthdividualized findingsharrowly tailored means test to justify closing proceedings or sealing records to which the First Amendment right of access attaches. This test should be the rule for closure with or without defense objection. Rule for Courts-Martial 801(a)(3) should be amended to authorize military judges to control and release judicial records filed in connection with courts-martial. Finally, R.C.M. 405(h)(3) and R.C.M. 806 should provide for media notice and opportunity to be heard with respect to closure/sealing.The current Rules for Courts-Martial governing access to Article 32 investigations and courts-martial proceedings provide standards for closure that violate the media First Amendment right of access. … Both R.C.M.405(h)(3) and R.C.M. 806 should be amended to incorporate the compelling interest/individualized findings/narrowly tailored means test to justify closing proceedings or sealing records to which the First Amendment right of access attaches. This test should be the rule for closure with or without defense objection. Rule for Courts-Martial 801(a)(3) should be amended to authorize military judges to control and re-lease judicial records filed in connection with courts-martial. Finally, [the Rules] should provide for media notice and opportunity to be heard with respect to closure/sealing. [p. 86]

Now, as a judge, she does not want to be the one to grant the press greater access to records. And so, the Center for Constitutional Rights (CCR), with the support of multiple plaintiffs (including myself), are pressing a challenge to force the court to grant the press access.

I am at Fort Meade covering Bradley Manning’s latest motion hearing. Live blog here.