Legal Question in Administrative Law in New York
military pg11/charge sheet
currently I am in the USMC attached to a unit forward deployed in Iraq. The comand issued an order a few months ago stating ''no ponographic material or other content considerd offensive may be viewed or stored on goverment servers or pc's''. Currently the local command is trying to charge myself and three other marines with viewing a photo that the network guys found on the network. I never had any knowledge that the photo existed and I've never viewed it. The command is stateing that the folder was set with an acess list and only the four of us being charged are on this list. Next to my name it's set as acess denied for all viewing/editing, etc. this pretty much confirms that I could not have viewed this .jpg. I would greatly appreciate any advise I can get to make these charges go away, permenatly. I don't know what rights I have when it comes to military law. I have no clue how to resist accuzations like this without any type of witnesses. HELP.
2 Answers from Attorneys
Re: military pg11/charge sheet
First, stay safe.
Second, your question is really at the nexus of the 1st Amendment and military law. I can help on the 1st Amendment issue but it would be less than helpful to you given the fact that you are an active member of the military in an active theater of war. Please resubmit your question under the heading of military law on this site so it gets to a lawyer w/ some knowledge of this specialized area of law. Also, please -- please! contact the ACLU. I will try to forward your query to them but you should also try to reach them on your own.
Good luck and stay safe.
Re: military pg11/charge sheet
Dear Marine,
I have been in touch w/ an acquainence at the highest levels of the ACLU and forwarded your e-mail to her. I hope the CLU and she are of service.
Stay safe.
John Friedman
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