Military Reporters & Editors agrees policy changes are needed to improve access to military justice records.
WASHINGTON, Dec. 9 – Military Reporters & Editors (MRE) fully supports ProPublica’s lawsuit against the Navy for failing to release documents in the Article 32 (court-martial) hearing into Ryan Mays. He is the Navy sailor accused (and later acquitted) of arson in the 2020 fire that destroyed the big deck amphibious ship USS Bonhomme Richard.
ProPublica argues that the Navy’s policies “have created – and will continue to create – a significant impediment” to the news organization’s “ability to inform the public about matters of the utmost concern—namely, how the Navy adjudicates allegations of criminal conduct in its ranks.”
ProPublica is far from the only news organization affected by this policy. In his declaration of support for ProPublica’s suit, WHRO public radio reporter and MRE board member Steve Walsh notes that he too was unable to provide the public a full accounting of the hearing process while reporting on it for KPBS in San Diego.
The Mays case is just one of many conducted in darkness. Walsh was also denied documents in the war crimes trial of Navy SEAL Eddie Gallagher and the separation hearings for Marines involved in the 2020 fatal sinking of an armored amphibious vehicle off the coast of California.
“In each case, I have been denied access to updated charging documents,” Walsh stated. “I have been told that original charging documents were the only documents that would be released. I have been told it was the decision of the convening authority to not provide further documents.”
Exacerbating this problem is that “online dockets are not kept up to date, showing the date time and location of hearings,” Walsh continued. “No other documents have been available electronically, including the exhibits. Typically, the only way to receive any objective information is to sit for hours in trial, at times for weeks, which places an undue burden on short-staffed newsrooms.”
In his supporting declaration delivered to the court on Nov. 26, Walsh summed up his experience.
“Without a reliable system for following the military justice system, you cannot track upcoming cases or hearings independently from the Navy. In addition, because these cases are typically held on military bases, it is even more difficult to track them because, as a civilian, I cannot even go to the courtroom without a military escort.”
Dozens of other media outlets have been similarly affected and in September 2022, MRE was one of 38 organizations joining ProPublica and the Reporters Committee for Freedom of the Press in “urging the U.S. Defense Department to ensure the immediate public release of records related to a court-martial concerning one of the worst non-combat warship disasters in recent memory.”
In denying ProPublica’s request, the Navy essentially argues they are the only media outlet that cares about the Mays case. This is disingenuous at best, and we again stand in solidarity with those calling for the Navy to live up to its legal obligation and provide open and timely access to its criminal justice system.
This is not a problem relegated to the Navy. Journalists covering all the services face these roadblocks to informing the public about how justice is meted out to the men and women who serve our nation. As such, we implore Defense Secretary Lloyd Austin to order an immediate change in policies and actions and lift the veil of secrecy shrouding the U.S. military court process. We also urge Donald Trump’s new administration to uphold these principles.
Anything less is a failure to the troops, a breach of public trust, and a disservice to the Constitution.
About Military Reporters & Editors (MRE)
Military Reporters & Editors is the leading organization for U.S. journalists covering national security. MRE provides resources, support, and networking opportunities for its members, fostering excellence in journalism and promoting public understanding of military and national security affairs.
For more information, please visit https://www.militaryreporters.org.