United States v. Wuterich

O’TOOLE, Chief Judge.

This case is before us a second time on a Government interlocutory appeal, brought pursuant to Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, and Rule FOR Courts-MaRtial 908, Manual for Courts-Martial, UNITED States (2008 ed.). The Government contends that the military judge erred as a matter of law when he quashed a Government subpoena for material in the possession of CBS Broadcasting Inc. (“CBS”), including an audio-video interview with Staff Sergeant (SSgt) Wuterich (appel-lee). The military judge held that a First Amendment “reporter’s privilege”…