The United States today filed this notice of withdrawal of its previous motion to file under seal in Martin v. NCIS, No. 3:10-cv-01879-WQH-AJB. The notice doesn’t explain why the United States changed its mind concerning sealing the exhibits.
Today the United States also posted its previous filings on PACER.
Here’s a link to the United States’ opposition to the preliminary injunction along with the supporting exhibits.
The United States takes the position that Ms. Martin isn’t per se barred from the MCRD courtroom. The United States’ opposition states: “Plaintiff is still permitted to testify in any case in which her testimony is needed and to attend any courtroom proceeding in which her presence is needed.” A footnote explains: “This point was clarified during discussions prior to the filing of this opposition, and the United States has offered to stipulate to this fact.”
MCRD SJA LtCol Sean Sullivan states in a declaration (part of Exhibit A here):
11. Based upon the information received from the federal criminal investigative authorities relating to Ms. Martin’s alleged witness tampering and attempted obstruction of justice, and given the confidential investigatory files maintained at the Law Center, the Acting Commanding General decided to limit Ms. Martin’s access to the Law Center until the conclusion of the criminal investigations.
12. Specifically, the Acting Commanding General determined that Ms. Martin shall be debarred from the Law Center unless I approve otherwise. Ms. Martin is not debarred from entire MCRD installation, but only the building 12 Law Center with the exceptions noted in paragraph 13.
13. I have never, nor do I intend on taking any action to prevent Ms. Martin from accessing any courtroom located on the 2nd deck of the Law Center should she be called to testify as a witness by a party in any judicial proceeding. Also, Ms. Martin will not be prevented from accessing any courtroom at the Law Center for any judicial proceeding, should defense counsel request her presence and the military judge approves said request.