Capt. Moira Modzelewski granted government prosecutors the continuance on the grounds that most of the evidence in the case is still undergoing a classification review and has yet to be seen by either the prosecution or the defense.
Navy Times reports.
It may be meaningless at the moment that the trial hasn’t been moved. It seems that this MJ is being cautious in terms of making sure the discovery issues are ironed out before deciding what to do about venue. The court-martial is still pending.
Here’s why the case may not move, thanks CAAFLog for the link.
Another judge has ruled that two other SEALs accused of lying to investigators should be tried in Iraq, site of the alleged assault, because they have the right to confront their accuser in open court. But McCabe’s attorney, Neal Puckett, says there’s no need to move his trial because he doesn’t need to question the detainee.