trial have standing
to file motions to be considered by this court. ABC Inc. versus Powell, Court
of Appeals for the Armed Forces, 1997."
The opinion cited is not on point, as it deals with an investigative hearing, not a court-martial, and the issue leading to closing the hearing to the public was the protection of women whose sexual histories were likely to be explored during their testimony.
The question of parties to the trial is not at issue in the opinion cited. The petitioners in the case were media companies (ABC, CBS, NBC, CNN, Fox, and the Washington Post). They filed a Writ of Mandamus requesting the court to open the hearing in question to the press and public.
The court, in both its preliminary order and final order, ordered the hearings open to the press and public. The court noted in passing that "we have consistently held that the Sixth Amendment right [to a public trial] does apply to a court-martial."
So what is Judge Col. Lind talking about? Certainly not the fact that one of the parties in the case is also her employer.
"Ruling. The court declines to consider [the request for public access] as it is from three individuals who are not parties to the trial and who under the circumstances lack standing to file a motion with the court."
Done and done. The ruling ignores the clearly, repeatedly stated intent of both Rule 806 and the opinion cited to give primacy to the openness of the proceedings.
It might be tempting to think that petitioners who are not parties to a case might be perpetrating a fraud upon the court, but that would be a stretch. Here, it's much less of a stretch to consider that perhaps the court is perpetrating a fraud on the public.
"Quia volo" is a seldom-used term in legal circles for judicial decisions of this nature. It means, "Because I want to."
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