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More than two years after ProPublica sued the Navy over its failure to provide public access to military courts, the Department of Defense has for the first time directed U.S. military branches to give advance public notice of preliminary hearings, a crucial milestone in criminal cases.
These “Article 32” hearings end with a recommendation about whether the case should move forward, be dismissed or end in a nonjudicial punishment.
DOD General Counsel Caroline Krass issued the guidance earlier this year, directing the secretaries of the Navy, Army, Air Force and Homeland Security (which oversees the Coast Guard) to post upcoming preliminary hearings, provide access to certain court records and publish results of military trials — known as courts-martial — on a public website.
But legal experts say the new guidance falls short of the conditions laid out in a federal law requiring the military to dramatically increase public access to its justice system.