CAMP PENDLETON --- There is no First Amendment protection for journalists in the military justice system and thus CBS should hand over all its material from an interview with a Marine who led his men in the slaying of 24 Iraqi civilians, a prosecutor is asserting.

The prosecutor, Marine Capt. Nicholas Gannon, wants the judge presiding over the manslaughter case of Staff Sgt. Frank Wuterich to order the network to hand over unaired portions of its 2007 "60 Minutes" interview with Wuterich.

Gannon argued that because there is no case law that extends newsgathering protections to journalists in military court matters, the unaired portions and anything else Wuterich said or did off camera should be disclosed.

"The question is unresolved on reporter privilege and it's not for this court to decide," Gannon told the judge, Lt. Col. Jeffrey Meeks, during a court hearing Wednesday.

Wuterich is charged with nine counts of voluntary manslaughter, aggravated assault, reckless endangerment and obstruction of justice. The charges stem from him leading his squad of Camp Pendleton Marines in an assault after a Nov. 19, 2005, bombing in the Iraqi city of Haditha that killed one of his men.

The assault resulted in the deaths of men, women and children, none of whom were later proven to have any ties to the bombing or the Iraqi insurgency.

Meeks is expected to rule Thursday morning on whether the portions of the "60 Minutes" interview that weren't broadcast contain anything relevant.

CBS asserts they don't and maintains that any off-camera statements Wuterich made to its reporter, Scott Pelley, also shed no new light.

Network attorney Carl Benedetti told Meeks a wide range of federal court case law protects journalists from being compelled to disclose all of their work product. Forcing the network to give prosecutors all its work on the Wuterich story violates that protection, he said.

"This case does involve reporter privilege," Benedetti said. "This is a constitutional issue and freedom of the press is important. The First Amendment isn't novel."

The network did not oppose an appellate court ruling that directed Meeks to review the unaired material in private. At the end of Wednesday's court session, Benedetti handed the judge eight compact discs containing about four hours of material the network did not broadcast.

CBS had fought against having to give up anything, agreeing with Meeks' ruling last year that the prosecution was on a "fishing expedition." Prosecutors appealed that finding, resulting in the appellate court directive and the network agreeing to let the judge alone see the tapes because it believes he will rule they contain nothing helpful for the government.

Numerous news organizations, including The Reporters Committee for Freedom of the Press, filed briefs in support of CBS when the issue went to appellate court. That group's legal defense director, Gregg Leslie, said the Wuterich case demonstrates that newsgathering protection should be part of military law.

"This case shows what the media's role is," he said. "When allegations like those against Staff Sgt. Wuterich arise and the true story isn't getting out through military channels, people should feel free to be able to come to the media."

The prosecution's efforts, he said, shows the government "really is on a fishing expedition."

"They just want to cast their nets as widely as they can and that does affect the independence of the media and shouldn't be allowed," Gregg said.

Michelle Lindo McCluer at the National Institute of Military Justice said she believes the media should be able to gather information without fear of it being used in ways that would lead to others being afraid to tell their stories to reporters.

Wuterich attended the hearing, but only spoke in response to routine procedural questions from the judge.

Thursday's ruling will be one of Meeks' last acts in the Wuterich case. He is retiring and the work required for a new judge to get up to speed could delay the trial for months, according to Lt. Col. Patricio Tafoya, one of Wuterich's five attorneys.

Four Camp Pendleton officers and four enlisted men were charged with crimes at Haditha. All but Wuterich and the battalion commander at Haditha, Lt. Col. Jeffrey Chessani, have since been exonerated.

Chessani, accused of dereliction of duty for not ordering a full-scale probe of the killings, is waiting for an appellate court ruling on whether dismissal of charges against him should stand.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.