When Army lawyer Capt. Chad Fisher said that the court wasn’t constitutionally required to provide public access to documents like prosecution briefs, transcripts, and rulings, Judge Margaret Ryan interrupted him to ask what she called a “common sense” question, “Why can’t you just give it to them? Instead of making this a constitutional case, why can’t you just be reasonable?”

The government’s argument against providing public access to court documents is essentially based upon the assertion that court-martials are a “creature of the executive” branch, rather than the judiciary.

While courts must provide prompt access to records, the public can seek executive-branch files only through Freedom of Information Act. Such requests, however, are subject to delays and exemptions. Many news outlets, including Courthouse News, have had their FOIA requests for documents in the Manning case denied.  Read more.

The court delayed making a decision, but we consider it a positive development that the judges were approaching the government’s position with skepticism.

Graham Nash to perform in support of Bradley Manning. On Friday, October 26th, there will be an evening event to support Bradley Manning in Santa Monica, CA, featuring an intimate acoustic performance by Graham Nash and James Raymond of Crosby, Stills and Nash.  Emma Cape, of the Bradley Manning Support Network, will speak about the campaign.  Tickets go on sale at noon tomorrow.

“Crosby, Stills & Nash” original member, and Bradley Manning supporter Graham Nash