In 2022, Seaman Recruit Ryan Sawyer Mays faced court martial, accused of setting the fire that destroyed the amphibious assault ship USS Bonhomme Richard while it was moored at Naval Base San Diego. Experts at the preliminary hearing debated whether prosecutors had enough evidence to conclude the fire was caused by arson. The Navy pressed ahead with the case, even though the evidence against the sailor was slim and Mays was eventually acquitted.
As the case unfolded, ProPublica filed a lawsuit after the Navy refused to release most of the documents related to the case. Unlike civilian courts, it has been the Navy’s longstanding policy to deny the public access to basic records. The service also routinely fails to provide timely notice of hearings. The lack of access has shielded the Navy from scrutiny.
In 2024, Military Reporters and Editors filed a declaration in support of ProPublica’s position. U.S. District Court Judge Barry Ted Moskowitz, of the Southern District of California, recently ruled in favor of ProPublica. MRE applauds the judge’s decision and thanks ProPublica for tenaciously fighting to uphold press freedom and the public’s right to know.
“It’s the first time a civilian court has held that the First Amendment right of public access applies to military courts and records. The Navy was allowed to prosecute our service members in secret for far too long, but that ends now,” said Sarah Matthews, ProPublica’s deputy general counsel.
The public will now have access to unclassified documents, including the results of Article 32 hearings, in which a judge makes a ruling that is forwarded to the admiral overseeing the case, who then determines whether a sailor will face court martial. In the Mays case, the judge ruled against prosecution, but the sailor still faced a trial when the admiral acting as the convening authority overruled the hearing officer.
The public has a right to know if its sailors are being treated fairly and whether the Navy is administering justice impartially and with only the facts as its guide. Military Reporters and Editors implores the Navy to follow through with the findings of the court to provide more complete access to Navy justice.