Air force is making it harder for the public to acquire information about airmen accused of crimes.

The Air Force is changing the rules on how the media and general public get information about airmen accused of crimes.

A recent Air Force Instruction lists several changes to how the service applies the Uniform Code of Military Justice that are intended to protect the privacy of accused airmen at the expense of the public’s right to know.

The Air Force Instruction appears to curtail the public’s access to criminal records.

“Under the Privacy Act, information from a system of records, such as a court-martial file maintained in a [Judge Advocate General’s] office about an individual, may not be released to the public without the individual’s consent unless release is required by the Freedom of Information Act,” the instruction says.

But submitting a FOIA request does not guarantee that you will get such records if doing so would be “an unwarranted invasion of an individual’s personal privacy,” which is when someone’s privacy interests outweigh the public’s interest in the information, the instruction says.

“Considering the fact that anyone subject to the UCMJ can act as an accuser under the UCMJ, the accused normally retains a reasonable expectation of privacy upon preferral of charges,” the instruction says.

That expectation of privacy begins to decline when the charges reach a public forum, such as a court-martial or Article 32 hearing, the instruction says.

An Air Force spokesman said the changes outlined in the instruction do not limit what information is available to the media but are meant to ensure that FOIA and the privacy act are implemented properly.

“This will not change the media’s current ability to get charge sheets or other information about accused airmen,” Lt. Col. John Dorrian said in an email. “We have simply clarified current policy and law to ensure uniform application across the Air Force. Cases must always be reviewed on a case-by-case basis.”

However, the instruction also requires military attorneys to comply with the FOIA guidelines, a concern to Eugene R. Fidell, who teaches military justice at Yale Law School.

“Taken literally, this regulation produces absurd results,” Fidell told Air Force Times.

Fidell wonders if everyone, including attorneys who want to write “friend of the court” briefs, will now have to submit a FOIA request to get any documents related to criminal trials from military attorneys — even defense motions. With all the paperwork, delays and internal appeals, the FOIA process ends up impeding transparency.
http://www.airforcetimes.com/news/2012/11/air-force-foia-restrictions-110812w