In my continuing quest for more information on the facts of the SEAL courts-martial ICO Petty Officers McCabe, Keefe and Huertas, I have received a set of FAQs from the NSWG-2 Public Affairs Office, here (an updated version of the FAQs we linked to earlier here). They are helpful and answer some of the basic questions we see in comments, but not so much the legal issues we have been debating. In particular, Questions 19-21 that provide a hint of the immunity issues, but little on the facts that those witnesses will provide and, thus, why immunity was necessary.
As for the motions, NSWG-2 advised me I should file a FOIA request–I vaguely recall hearing that advice previously. While I have to say the entire PAO establishment has been very friendly and helpful, the requirement to file a FOIA request (which then gets denied because the record is not “final”) for a document that was (1) filed in a court-martial that is open to the public (where the right to a public trial applies), (2) sitting in the file of the Trial Counsel (who either drafted the documents or was served copies), (3) discussed openly in front of some 50 members of the media, and (4) glibly reported about in nearly 1000 media outlets around the globe, just seems . . . something other than rational. Where in FOIA is the exception for ongoing courts-martial?