A reporter's guide

Marine Sgt. Clayton J. Lonetree stood trial on 13 counts of espionage in Quantico, Va., in 1987. While most espionage trials are handled in traditional civilian courts, Lonetree's trial was handled by the military, and became one of the most high-profile courts-martial the country had ever seen.

The public and the press demanded details, but the military and the government wanted anything but. When he was found guilty on all counts, Lonetree became the first Marine convicted for spying against the United States.

Lonetree was a Marine Corps embassy guard in Moscow when he met a local woman and started a romantic relationship. The woman turned out to be a Soviet agent. Soon, Lonetree was passing confidential information to a number of Soviet agents while serving in Moscow and later while on duty at the U.S. Embassy in Vienna.

During his court-martial, the military judge presiding over the proceedings closed the courtroom during testimony of some witnesses because it included disclosures of classified information.

Although Lonetree lost an appeal based on violations of his Sixth Amendment right to a public trial (the trial judge was found to have properly balanced the right of a public trial with the need to protect classified information), the closures and constant secrecy led some to conclude that the military was simply hiding its own mistakes.

The trial was technically open to the media, but journalists were not allowed in the courtroom. Instead, they watched via closed-circuit television from outside the courtroom.

A St. Petersburg Times editorial alleging a military coverup described how "reporters were excluded from Lonetree's trial. They were allowed to watch the proceedings on television, which was frequently turned off for closed sessions when the judge ruled that classified material was being discussed. Often, as the reporters covering the trial have stated, the system was not reactivated when the so-called 'open' session was resumed. The public does not know all that went on at the trial."

The Chicago Tribune reported that journalists "are relegated to a building about 100 yards away, where they can view the proceedings on two television monitors. .At the mere mention of 'national security,' the courtroom is closed and the TV screens are blackened, as they were .when the government wanted to protect the identity of an intelligence official who was called to testify."

Judicial secrecy and allegations of coverups or favoritism toward witnesses are certainly not unique to the military system, and traditional civilian courts are no strangers to controversy. But the complete control that military officials have over their own system of justice and the unusual procedures for handling justice can leave reporters baffled as they try to cover the court-martial system.

Journalists who hope to understand the process and report meaningfully to their readers and viewers need to master the military justice system so that they understand not just the controlling law, but the procedures and customs that will fundamentally affect how easily they can cover a story.

How does military law work?

As with civilian courts, military courts abide by the U.S. Constitution, treaties and federal statutes. The military, however, is also bound by the Uniform Code of Military Justice (UCMJ), which is the military's criminal code. Enacted by Congress in 1950, it applies to all military personnel worldwide. The UCMJ has many unique classifications of crimes in addition to the typical misdemeanors and felonies found in the civilian justice system.

In addition, the military courts are bound by the Manual for Courts-Martial, which was created by a presidential Executive Order and sets out procedures governing courts-martial proceedings for all military branches.

Each branch is authorized to supplement the Manual to meet individual needs. The Air Force has Air Force Instructions, the Army has Army Regulation 27-10, the Navy and Marine Corps have the Manual for the Judge Advocate General, and the Coast Guard supplements the manual with the Military Justice Manual Commandant Instruction M5810.1d. Any reporter covering military courts and the military in general should be familiar with the UCMJ and Manual for Courts-Martial.