There is a qualified newsgatherers privilege and it is applicable here based on concerns about a chilling effect on the press. . . The press has an interest in being able to prepare and preserve stories without being an investigative arm of the government.The most interesting part of the ruling, and the part that will likely end the Art. 62 saga in this case, was Meeks' "ruling" regarding the relevance of the unaired portions, as described by the NCT,
In his ruling Thursday after seeing it, the judge said the material in fact did not contain anything that wasn't available to prosecutors already through voluminous documents from multiple investigations of the Haditha killings."All the statements are consistent with prior statements he has made," Meeks said of Wuterich, who . . . "It might be nice to have, but it's not critical," Meeks told Gannon and two other prosecutors assigned to the case.If the government appeals this ruling it is a travesty and abuse of the language of Art. 62(a)(1)(B), which limits an Art. 62 appeal of a ruling excluding evidence to only "evidence that is substantial proof of a fact material in the proceeding." Congress would need to amend that to read "evidence that [would be nice to have]." Code 46, if you are listening, just let the trial begin.