This is a rush transcript from "On the Record," December 7, 2009. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Three Navy seals are facing the fight of their lives in court. Charged with abusing an Iraqi detainee and then trying to cover up the assault? But are the Navy SEALs falsely accused? We report, you decide.
Here's the story. The three Navy SEALs helped to track down and captured one of the most wanted men in Iraq, the accused mastermind of the 2004 murder and mutilation of four Blackwater contractors in Fallujah, Iraq.
After the suspect was detained, one of the Navy SEALs is accused of punching the man in the stomach. The two other Navy SEALs are charged with lying to investigators and impeding the investigation.
Outrage over the case is now growing and people are now coming to the defense of the Navy SEALs. One of them is petty officer first class Julia Huertas. His lawyer, Monica Lombardi, joins us by phone. Good evening, Monica. And have they given you the evidence that they say they have against your client?
MONICA LOMBARDI, ATTORNEY FOR ACCUSED NAVY SEAL (Via telephone): No, they have not, Greta.
VAN SUSTEREN: Do you only know what you hear from reports in the media and that what your client tells you?
LOMBARDI: Yes, that is all that we have.
VAN SUSTEREN: When was your client formally charged?
LOMBARDI: Back on October 2.
VAN SUSTEREN: What is taking so long for them to get this information? Is that the procedure in the military court?
LOMBARDI: No, this is highly unusual. We usually have very open discovery in military court and they do hand over the evidence as a matter of course. But in this case I filed my discovery request over one week ago and it was immediately denied.
VAN SUSTEREN: Who denied it? Was it the prosecutor or a judge that denies it?
LOMBARDI: No, it was the prosecutor.
VAN SUSTEREN: What was the reason? You have got to know the evidence against your client before you can prepare a defense.
LOMBARDI: Yes, you do. The reason was the classification of the review they are conducting. Allegedly they have completed that review, but I have yet to see any of the evidence, classified or not.
VAN SUSTEREN: Tell me what you are hearing from the media. I realize you will not violate attorney-client privilege, but what is it you are hearing from the media? Your client not is not the one alleged to do the actual physical assault, is that correct?
LOMBARDI: That's correct, absolutely. Allegedly, he had witnessed the assault, which is not true, and that is why they had that charge with him being derelict in his duties by willfully failing to safeguard a detainee.
VAN SUSTEREN: As far as you can piece this together, tell me the story about what happened.
LOMBARDI: Well, actually, as far as what I know, they had captured him, brought him back to camp. He was being watched by another petty officer.
When they went to go turn him over to the Iraqi police, allegedly the detainee then feigned some sort of injury. But then he went over to the Iraqi police and was returned back to U.S. custody two days later. And we have no medical records or medical reports or photographs of what these injuries were.
VAN SUSTEREN: Do you have any idea or any inkling about whether or not the man -- you don't even have to have a physical touching for assault in legal theory, but do you know if this man suffered any of the injuries or is even claiming to?
LOMBARDI: He is claiming that he suffered injuries, but we do not know any extent to the injuries.
VAN SUSTEREN: When do you expect to get the discovery so you can at least figure out what it is that they say your client did?
LOMBARDI: We would like to see it by the end of the week. And if we do not see it by the end of the week, then we will have to go to the military judge and file a motion to compel the government to hand over the evidence.
VAN SUSTEREN: Which is really outrageous when the law requires information to be turned that you have to actually go get an order, but that's a whole other story.
VAN SUSTEREN: Monica, thank you, good luck.
LOMBARDI: OK, thank you.
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