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?

9 Responses to “SEAL Courts-Martial Update #2”

  1. Smart Aleck says:

    Why don’t you file an SGIR — “Super Grover Information Request” with CAAFlog because if memory serves CAAFlog contributer Jason Grover is the lead TC in this fiasco.
    Must be quick a shock for Grover to go from a capital murder trial that the media didn’t care about to an NJP refusal special court that is eating up the airwaves.

  2. Mike "No Man" Navarre says:

    Super G has been a huge disappointment on the information front in this case. Sadly he has followed the directions of his superiors and not given us squat. I think he likes those silver oak leaves and has already had the labotomy that comes along with them.

  3. anon says:


  4. Friend says:

    Mr. Navarre – I had read your comments in the past with some interest and have personally given you much credit. Your statement regarding Mr. Grover specifically and commanders in the the Navy in general is poor and lacks the sophistication which I previously thought you had displayed. I give Mr. Grover substantial credit for staying above the fray of conjecture so much of what this blog is about. I give a low mark for this comment if that is worth anything to you.

  5. Weirick says:


    Lighten up, Francis.

  6. Mike "No Man" Navarre says:

    Friend: I apologize if I have offended anyone, but Jason, myself and several others on this blog worked together for a few years and consider each other “friends,” I would hope. My comment was nothing more than a good natured jab at Jason and I am almost positive he took it that way. I also credit Jason with staying out of the fray on this issue because he knows it is the right thing to do given his position and any appearance it might create to wade into the fray–thus I do not expect to see his comments on this thread at all. We’ve always had a problem communicating sarcasm and similar sentiments on this blog.

  7. Ama Goste says:

    Mike, for what it’s worth, as a regular CAAFlog reader, I got the sarcasm. I laughed out loud when I read your comment this morning, and I’m sure most other regular readers also got the joke.

  8. Dwight Sullivan says:

    I was planning to write a response to Friend pointing out that the No Man, the Super Muppet, the Kabul Klipper, and I are former colleagues and current friends (or, to use the legal term, amici), that the No Man’s post was in jest, and one of the reasons it was funny is because he was affecting disdain for something — the Super Muppet’s decision not to speak publicly about the SEALs cases (including to us) — that we actually respect. But I see that others beat me to it.

  9. Friend says:

    Defenders of No Man – I thought this was a public blog not your personal avenue of jib and jab. A private club where such commentary is known and appreciate by a few. I think you should ask yourself before you write – “What would the casual viewer assume”….and I write this having seen your recent note of the general popularity of this site. Apparently, my comment you took as a public hand spank. You don’t know me, you took it a certain way. Maybe I meant it in the same manner in which you tweaked Jason G’s nose and USN Commanders in the same way. I did not mean it to be sarcasm by the by…