Here is the latest Government brief in the US v. Wuterich Saga. This is the G’s Art. 62 appeal of the military judge’s second ruling, covered here and available . . ., where the judge found a qualified news gatherer privilege and found the evidence otherwise nice to have, but cumulative.
Credit has to go to the government for the brief. After spending a lot of time saying there should be no qualified news gatherer privilege in the miltiary, the brief in 5 and a half concise, Courier New 12 font pages, does a good job arguing that the military judge was wrong on the cumulativeness ruling. The brief rebuts Judge Meeks’ conclusion that the outtakes were “not critical,” “consistent with other evidence,” and just “nice to have,” by effectively arguing that they are important to the government and the best evidence of the accused’s guilt. I particularly liked the comparison between the accused’s 2-page sworn statement and 80 minutes of admission on pages 44-45.
More to follow. Hard to say if this will be another win for the G at NMCCA and loss at CAAF.