Center for Constitutional Rights v. United States

BAKER, Chief Judge, with whom COX, Senior Judge, joins

(dissenting):

The general public has a qualified constitutional right of access to criminal trials. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980) (plurality opinion). Public access to a criminal trial includes appropriate access to filings. Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978). “Congress intended that, to the extent ‘practicable,’ trial by court-martial should resemble a criminal trial in a federal district court.” United States v. Valigura, 54…