On March 24 I filed a FOIA request for motions and responses filed in the courts-martial of Petty Officers McCabe, Keefe and Huertas (the SEAL courts-martial in Norfolk). Today Commander, Navy Region Mid-Atlantic (CNRMA) informed me that they were withholding all my requested information because the courts-martial are not final, no other reason given.
To be honest I am stunned given the Navy’s prior release of the charge sheets in this case (here), discussion of the documents in open court, intense media coverage and public interest, and, well, the fact that they are court filings. When CNRMA sends the denial letter, which I requested expeditiously since the first trial begins April 19, I will update this post and link to the letter.
Found this from the Marine Corps, here, while putting togetjer an appeal email, “Court-martial proceedings are generally open to the public and media. Thus, information concerning action taken in open court, the results of court proceedings, and subsequent actions, such as clemency and appellate review, are not generally protected by the PA. Accordingly, such information may usually be released. Additionally, a written FOIA request is not needed prior to release of such information.”