01183 Volume 5 of 111 SJAR ROT FOIA Version VERBAT IM 1 RECORD OF TRIAL2 (and accompanying papers) of (Name: Last, First, Middie initiai) (Sociai Security Number) (Rank) Headquarters and Headquarters Company, United States Army Garrison U-S- Army Fort Myer, VA 22211 (Unit/Command Name) (Branch of Service) (Station or Ship) By GENERAL COURT-MARTIAL convened by Commander (Titie of Con vening Authority) UNITED STATES ARMY MILITARY DISTRICT OF WASHINGTON (Unit/Command of Con vening Authority) Tried at Fort. Meade, MD on see below (Piace or Piaces of Triai) (Date or Dates of Triai) Date or Dates of Trial: 23 February 2012, 15?16 March 2012, 24?26 April 2012, 6?8 June 2012, 25 June 2012, 16?19 July 2012, 28?30 August 2012, 2 October 2012, 12 October 2012, 17?18 October 2012, 7?8 November 2012, 27 November 2 December 2012, 5?7 December 2012, 10?11 December 2012, 8?9 January 2013, 16 January 2013, 26 February 1 March 2013, 8 March 2013, 10 April 2013, 7?8 May 2013, 21 May 2013, 3?5 June 2013, 10?12 JUne 2013, l7?18 June 2013, 25?28 June 2013, 1?2 July 2013, 8?10 July 2013, 15 July 2013, 18?19 July 2013, 25?26 July 2013, 28 July 2 August 2013, 5?9 August 2013, 12?14 August 2013, 16 August 2013, and 19?21 August 2013. 1 insert "verbatim or "summarized as appropriate. This form be used by the Army and Navy for verbatim records of triai oniy.) 2 See inside back co ver for instructions as to preparation and arrangement. DD FORM 490, MAY 2000 PREVIOUS EDITION IS OBSOLETE Front Cover DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT OF WASHINGTON 210 a STREET LESLEY J. MOHAIR. DC 20319-5013 TO OF ll ANJA-CL 16 up?! :20 June 201 1 MEMORANDUM "runoff, StaffJudge AdvocateQ?US. Army Military District of Washington (ANJA). Em A Street. Fort Lesley J. McNair. DC 20319 Office of the Judge Advocate General (DAJA-IOIMT. David May?eld). 2200 Army Pentagon. Washington. DC 20310 FOR Deputy Cltiefof Staff for Intelligence 2200 Army Pentagon. Washington. DC 20310 SUBJECT: Request to Provide Personnel Access to Classi?ed Information U.S. v. PFC Bradley E. Manning 1. The prosecution team in the case of US. v. PFC Bradley E. Manning requests that the additional active duty service members be granted the appropriate security clearances and access to classi?ed information up to the TOP SECRET (Sensitive Compartmented Information} level to include the compartments 31. TH. and G. These individuals need such access to assist either the prosecution or the. defense. and to participate all future court-martial proceedings. a. Prosecution Team Jairo Parra. il- b. Defense Team CPT Joshua Tooma n. 2. The above list is not ail-inclusive. Throughout the court-martial process. there will liker he additions and subtractions. which will require adjustments to the pcrsonnel?s Any subtractions will be submitted immediately. 3. The point of contact for this request is the undersigned at - Ox, ASHDEN FEIN CPT. JA Trial Counsel DEVELOPMENTAL COUNSELING FORM For use of this form. see in HE: the proponent agency is TRADOC- DATA REQUIRED BY THE PRIVACY ACT OF 1974 AUTHORITY: 5 USC 301. Departmental Regulations: 3013. Secretary 01 the Army. PRINCIPAL PURPOSE: To assist leaders in concluding and recording counselingdata pertaining to subordinates. ROUTINE USES: The ODD Blank et Routine Uses set term at the beginning of the Army's compilation oi systems or records notices also apply to this syslem Disclosure is voluntary. PARTI - ADMINISTRATIVE DATA Name (Last, First. Mi) Date of Counseling MANNING. Bradley E. PFCIEE 22 June EDI I Org aniz anon Name and Title of Counselor I?lliC. USAG JBM-IIH. Fort Myer. VA 222! 1 Joseph M. Cesamattn. Commanding PART II - BACKGROUND INFORMATION Purpose of Counseling: (Leader states the roman for the comseir'ng. eg. Performance/Professroml or Event-Oriented counseling, and includes the leader's facts and observation prior to the counseling ,t [hem-Oriented Counseling PART - SUMMARY OF COUNSELING Complete this section during or immediately subsequent to counseling. Key Points of Discussion: As of22 June Elli I. you are not authorized to use any computEr or information systemot? any kind without express written consent. For tlte purpose ot?this order. a computer is de?ned as any devicejncluding personal computers. handheld computers. tablet computers. and capable of maintaining an internet or network connection. You may not use any computer owned by the Govemment. your defense attorneys. any person. or any public or private entity. As the so it: exception to this order. you are authorized to use the stand-alone computer at the .IRCF that is speci?cally designated for your use. This order will remain in effect at all times and in all places until revoked or rescinded by me. in writing- Only members ot'your chain ot'commtind may grant exceptions or waivch to this order. Your chain oicomittand is; CPT Joseph Cosstnatta. Cameron Leikcr, COL Carl Coffman. OTHER INSTRUCTIONS Thiston-n will be destroyed upon: reassignment (other than rehabit'tetive transfers} . separation 31 US. or upon retirement. For separation requirements and noti?cation of loss ofhme?tsfconsequences see local directives and 535-200. DA FORM 4356. AUG 2010 PREVIOUS senior-ts ARE ossouzre. APO Plan of Action actions ihai the subordineie wrii do after the counseiing sesoon ro reach me agreed upon goaiis}. The actions must to specific enough io modify or meidain me subordina?e?s behavior and inoiude a spoofed time Fne for impiemenlenon andossessmeni {Peri oeiow) (1 PFC Manning will obey llie order slated in this oounsoiing, All requests For an exception to this order will be odor-sexed lo me. CPT Joseph Casemeth in writing. Session Closing: (The ieeder summarizes l?hekey points oflhe session and checks if the Subordinale undersiends the pian of action. The subordinate agreesidisegiees and provides remarks if appoonare) Indiwouel counseled: i agree disagree with the inforrnakon above Individual oounsEIed remake: Signature oilndividuel Counseled' Deie' I 1? Leadr Responsibilities: (Leader's the plan of action} A- 2 . . Signature of Counselor: iris. ., Date: 5 -r or PART IV - ASSESSMENT OF THE PLAN OF ACTION Assessment: {Did the pian of eciion achieve the desired results? This section is competed by son the .leeo'er and the individuai counseled and provides for foibw-uo counseling.) Counselor: Indi-nouel Cour-insoles Dale of Assessment: Note: Both the counselor and the individual counseled should retain a record of the counseling. REVERSE. DA FORM JRSEJ AUG 2010 PE GOES DEPARTMENT OF THE ARMY u.s. ARMY MILITARY OF WASHINGTON 210 A STREET FDFIT LESLEY J. MCNAIR. DC 20319-5013 REPLY TO ATTENTION OF 9 AUG 2011 AN we THRU StaffJudge AdvocaW/SArmy Military District of Washington 210 A Street. Fort Lesley J. McNair, DC 20319 Office of the Judge Advocate General David Mayfield). 2'20? Army Pentagon. Washington. DC 20310 MEMORANDUM FOR Deputy Chief of Staff for Intelligence 22th} Army Pentagon. Washington. DC '2fl31fl SUBJECT: Request to Provide Civilian Defense Team Members Clearances and Access to Classified Information United States v. PFC Bradlev Manning 1. The prosecution in the above-named case requests that Mr. Eric Lakes and Mr. Trent Struttmann. hoth civilian computer forensic experts and employees of Cyber Agents. Inc, be granted clearances and antherized access to classified information. Their information is as follows: Mr. Eric Dalen Lakes Mr. Trent Struttmann (UCMJ) and multiple specifications of violating Articles 92 and B4. UCMJ. Each specification and charge is associated with the unauthorized downloading and releasing of classified information from the Department of Defense and other United States classified information systems. '7 PFC Manning is charged with violating Article 104, Uniform Code of Military Justice 3. The defense requests access to classified information for Mr. Lakes and Mr. Struttmann to properly prepare for a future court-martial of PFC Manning. See Enclosure. Both Mr. Lakes and Mr. Struttman have been appointed members of the defense team in accordance with Military if ANJA-CL SUBJECT: Request to Provide Civilian Defense Team Members Clearances and Access to Classified Information United States v. PFC Bradlev Manning Rule of Evidence 502. Based on the large amount of data involved in this case, the defense requests that both Mr. Lakes and Mr. Struttman be granted access so they can adequately represent the accused. 4. A preliminary classification review of the data in question indicates that the computer forensic data is classified at the level or below. Mr. Lakes alreadyr holds a DUD- granted security clearance with eligibility up to the level (granted on ll September 2007'). Mr. Struttmann does not have a security clearance. Mr. Struttmann, however. is aware and willing to submit the paperwork (SF-SWEQIP), and both Mr. Lakes and Mr. Struttmann are willing to execute a D01) Non-Disclosure Agreement for this purpose. 5. I support the defense request for access to classified information. In order to assist Mr. Coomhs in adequately defending his client. his forensic computer consultants need access to the forensic computer data. ti. The point of contact for this request is the undersigned at - Encl ASHDEN FEIN as CPT, A Trial Counsel ta.) 01189 Ford. Arthur D. W01 USA JFHQ-NCHIMDW SJA FrOm: Hahl. Michael (3N .JE Sent: Wednesday. August 10, 2011 8:46 AM To: Ford. Arthur D. W01 USA DW SJA Subject: RE: Proposed Solutions (UNCLASSIFIED) Signed By: ClassificatiOn: UNCLASSIFIED Caveats: FOUO I have reviewed the below solution and concur with the process. Mike "Staying Ahead of Michael D. Hahl 36 Information Assurance Manager From: ford, Arthur D. N01 USA SJA Sent: Tuesday, August 69, 2811 3:25 PM To: Hahl, Michael CIU 36 Subject: Proposed Solutions (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: FOUD Mr. Hahl, Below are the proposed solutions for allowing the defense computer forensic experts to review the classified digital evidence. Please let me know what you think. Thanks. 1. The defense computer experts in the above named case have advised the United States that they intend to provide their own computers to conduct their forensic review of all digital evidence. A preliminary review of all digital evidence reveals the information contained is classified no higher than 2. The United States will provide individual hard drives for each computer that will process classified information. No classified information will reside on any personally owned hard drives or other memory devices. 3. All forensic analysis of the digital evidence will be conducted under the supervision of the appointed defense security experts ("security experts"). At the completion of the analysis, the hard drives and other memory devices will be secured by the security experts and stored in accordance with my previous guidance. Any reports and materials generated by the forensic experts will be reviewed by the security experts, who will mark all materials with appropriate derivative classifications, as necessary. These materials will also be seCUred by the security experts and stored and transported using established security procedures. Arthur Ford W01, 3A Legal Administrator Classification: UNCLASSIFIED Caveats: FOUO Classification: UNCLASSIFIED Caveats: FDUO DEPARTMENT OF THE ARMY UNITED STATES new TRIAL DEFENSE senvics 421 ROBERTS avenue. SUITE 5030 mm MEADE. manrtano 20755 To Ur: 9 August 20l MEMORANDU THRU Trial Counsel FOR Commander, LLS. Army Garriscm, Joint Base Myeral-lenderson Hall, 204 Lee Avenue, Fort Myer, VA 222 l-l SUBJECT: Request for Computer Forensics Experts to AssiSt the Defense in United States PF Bradley .ll?onm?ng. . PFC Bradley Manning, the accused, by and through cou nsel, respectfully requests the employment of Eric Lakes and Trent Struttmann as computer forensics experts in the matter of US v. Manning. PFC Manning further requests that Mr. Lakes and Mr. Struttmann be designated as members ofthe Defense team under I v. Toledo, 25 270 (C.M.A. and Military Rule of Evidence 502. 2. Mr. Lakes and Mr. Struttmann are onyber Agents, inc., a Lexington, Kentucky-based computer forensics ?rm. Both individuals are well-quali?ed in the ?eld ofcomputer forensics. and have often been employed for courts-martial eases. PFC Manning is entitled to a proper defense. and computer forensics expertise is necessary for a proper defense. 3. Estimated Fees. Mr. Lakes and Mr. Struttmann estimate their services will cost the Government $14,000.00 excluding associated travel costs (Le. gasoline, hotel. food, etc.) This $14,000.00 figure is based on the following: a. Mr. Lakes and Mr. Struttmann charge $135.00 per hour per person for their Services, b. The Government has noti?ed the Defense that the Case of US v. Manning involves some 8 terabytes of data, and given that figure, Mr. Lakes and Mr. Struttmann estimate they can do the necessary cemputer forensics work in ?ve days. (Note: 3 hours of work per day at l75.00 per hour per person equates to $1,400.00 per day per person. $2,300.00 per day for two people (Mr. Lakes and Mr. Struttmann) times five days equates to I 4,000.00 for ?ve days of work); c. This $l4,000.00 estimated fee is also derived on the following: I. That the computer forensics work will not take place at Mr. Lakes' and Mr. Struttmanns? lab in Lexington, but rather, that it will take place in the Washington, D.C. area in a properly secured facility; That Mr. Lakes and Mr. Struttmann will provide their own hardware needs except for hard drives. (Note: It is the Defense?s understanding that it will be recommended to the Government that the Government provide the necessary hard drives): SUBJECT Request for Computer Forensics Experts to Assist the Defense in United States v. PFC Bradley Manning. That Mr. Lakes and Mr. Struttmann will provide the necessary Encase software, but that other necessary software will he provided by the Government. (Note: It is the Defense?s underSIanding that the following will be recommended to the Government: I) that the Government provide the necessary so?ware with the exception of the Encase software and 2} that any licensed software that is nontransferahle will either be provided by the Government, or, should Mr. Lakes andlor Mr. Struttmann need to purchase such software, that the Government reimburse Mr. Lakes and Mr. Struttmann for such software purchases). Signi?cance of Estimate. It is important to note that the estimated $l4,000.00 fee is just that - an estimate. Given the sheer volume of data involved in the case of US v. listening terabytes), and given the complexities and uncertainties that can take place in computer forensics work, there is no exact way that a fee can be precisely pinpointed experts can only estimate how long it will take them to do the necessary work. Nonetheless, understanding the amount of data involved and other factors, Mr. Lakes and Mr. Struttmann estimate they can complete the work in ?ve days at a cost excluding travel costs. Should Mr. Lakes and Mr. Struttmann need more than ?ve days to complete their work, such work will be billed at the rate of$l75.00 per hour per person. Note on Travel Costs. The estimated $14,000.00 fee does not include travel costs. importantly, Mr, Lakes and Mr. Struttmann have made it clear that they desire to drive to the Washington, DC. area to do their work instead of ?ying via commercial airfare. Flying from Lexington, KY to Washington, D.C. can be expensive; having Mr. Lakes and Mr. Struttmann drive to the Washington, D.C. area would actually save the Government money. 4. Why Two Lixperts are Requested. Given the sheer volume of computer data involved in the case of US v. Manning, and given past experiences of Mr. Lakes and Mr. Struttmann, both individuals are confident that two experts doing the computer forensics work is better,rnore ef?cient, and less time consuming then having just one computer forensics expert do the werk. Simply put, having two computer forensics experts on the Defense team would actually save the Government money as compared to havingjust one Defense computer forensics expert. 5. The following sections ofthis request further outline the basis and rationale explaining why the Defense needs Mr. Lakes and Mr. Struttmann as computer forensics experts. (Note: for more on Mr Lakes and Mr. Struttmann, to include their CVs, visit 6. Law. 346. Article 46 ofthe U.C.M.J. provides that Defense and Government should have equal opportunity to obtain witnesses. in particular, a military accused has. as a matter of Equal Protection and Due Process, a right to expert assistance when necessary to present an adequate defense. US. v. (Ferries. 22 MJ. 288 (CMA. U3. v. Robinson, 39 MJ. 33 (CMA. 1994}, citing Britt v. North Coraline, 404 U.S. 22ft (l97l) and Ake v. Oklahoma. 470 U.S. (1985). Failure to employ Mr. Lakes and Mr. Struttmann would effectively deprive PFC Manning ofbis ability to present a defense in this case and would deny him "lmleaningful access to justice." Ake v. Oklahoma, 470 US 68 0985). The Court of Appeals for the Armed Forces (formerly the Court ofMilitary Appeals) provided a three-pronged teSt for determining whether government-funded expert assistance IS necessary: 01193 Request for Computer Forensics Ettperts to Assist the Defense in United States v. PFC Bradley Manning. First, why the expert is needed? Second, what would the expert assistance accomplish for the accused"? 'l'hird, why is the defense counsel unable to gather and present the evidence that the expert assistant would be able to develop? Um'tedStrues v. Geriatrics, 39 MJ. 4239 (CMA. l994) (quoting US v. Allen, 31 NJ. 542, 623 l9?) a ff'd. 33 MJ. 209 (CMA. Why Expert Assistance ls Needed. a. This case unquestionably involves complex computer message traffic that requires expert analysis and opinion. PFC Manning is charged with serious crimes. Without someone with an expertise in computers and digital forensics, the Defense will not be able to completely understand, evaluate, or prepare a defense to the Government?s case. b. Mr. Lakes and Mr. Struttmann are experts in computer forensics. They have been employed before as Defense experts in courts-martial, and they possess numerous certi?cations. {For more on the qualifications of Mr. Lakes and Mr. Struttmann visit mvw.cyberagentsinccom). c. No member ofthc Defense is learned in the complex field ofcomputer Forensics, and none can become so between the time of this request and the date of the Article 32 hearing and of the possible trial. 3. What Woulrl Expert Assistance Accomplish for the Accused. a. Expert assistance would provide the Defense with the necessary understanding ofthe complex computer message traf?cking involved in this case. Such understanding is not the province of lay people. The experts" explanations are, therefore, critical for the Defense, the finder of fact, Military Judge, and everyone involved in understanding the very essence of the case at hand b. Both Mr. Lakes and Mr. Struttmann are hi ghly regarded experts in the field of computer forensics. They possess the requisite knowledge, experience, and expertise to fully analyze the Government?s evidence and to aid the Accused in the preparation of an effective defense. Both Mr. Lakes and Mr. Struttmann would embark on a full review ofthe evidence in the ease to identify any exculpatory information that may be contained in the Government's evidence, and to identify the potential weaknesses in the Government's evidence. 9. Why the Defense ls Unable to Gather and Present this Evidence. a. No member of the Defense team is trained or otherwise knowledgeable in the complex field of digital forensics. Denying the Accused of this fundamental right to present an adequate and knowledgeable defense would amount to a violation of his Constitutional rights. h. The requested experts will be advised that they are members of the Defense team and are, as such, obligated to keep all matters concerning the case confidential pursuant to the attorney?client privilege, subject of course to those exceptions should they become a defense witness. It). For the aforementioned reasons, failure to provide the requested assistance will result in a fundamentally unfair trial. Clearly, this case meets the necessary elements ofthe Gonzalez case set forth by our highest court, the Court of Appeals for the Armed Forces. The requested experts should thus be appointed to the Defense team as a matter oflaw. SUBJECT: Request for Computer Forensics EXper?Ls to Assist the Defense in United States PFC Bradley Manning. ,"th/f I. 555?: rid/TEX PAULRLHOUCHARD CPT, .IA Defense Counsel DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FonT LESLEY J. MOHAIR. Dc 20319-5013 REPLY TO ATTENTION 0F ANJA 9 September MEMORANDUM FOR Jvl, US. Army Military District of Washington, 103 Third Avenue Fort Lesley J. McNair, DC 20319-5013 SUBJECT: Request for Retention after Term of Service, PFC Bradley E. Mannirtgt44S?98?9SU4} l. IAW AR 635-200, paragraph I request PFC Manning be retained after his term of service has expired until the earlier of final disposition of the court-martial charges preferred against him or 2 October 2012. 2. PFC Manning has been charged with downloading various classi?ed documents. photographs, and videos from Secret Internet Protocol Router Network websites and transferring them to his personal computer; and transmitting this information to persons or organizations not entitled to receive it, in violation of United States law. The Summary Court- Martial Convening Authority recommend that PFC Manning be court-martialed for his alleged misconduct and PFC Manning is currently in pre-trial confinement awaiting an Article 32 investigation appointed by the Special Court-Martial Convening Authority. 3. The point of contact for this memorandum is BRIAN A. HUGHES LTC, JA Deputy Staff Judge Advocate REPLY TD ATTENTKJ DF ANJA-CL DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT OF WASHINGTON are A STREET FORT LESLEY MCNAIH. DC sears-5013 16 September 201 MEMORANDUM FOR Mr. David E. Coornbs, Civilian Defense Counsel SUBJECT: Defense Classified Computer Hardware and Software A United Slates v. PFC Bradlev Manning l. REFERENCES. a. Memorandum, 6 Jul 11, subject: Request for Additional Funding for Expert with Expertise in Computer Forensics to Assist the Defense in United States PFC Bradley Manning. b. Memorandum, 10 Aug 11, subject: Appointment of Defense Computer Forensics Expert Consultants United States v. PFC Bradley Manning. c. Memorandum, 10 Aug 11, subject: Defense Request for Computer Hardware and Software United States v. PFC Bradley Manning. 2. HARDWARE. By direction of the Special Court-Martial Convening Authority. the following computers, hard drives, and software are provided to you and the defense team. to be used to process classified information and classified computer forensic information: Description Dell Latitude E5510 Dell Latitude E5510 Dell Latitude E5510 Samsung SDOGB HDD Samsung 5006B HDD Descr_iption Arm},r Gold Master Windows 7 64 bit Army Gold Master Windows 7" 32 bit Army Gold Master Apps (23 programs) LiveView Mount Image Pro VMWare vSphere Enterprise 4.0 VMWare Workstation 7.1.4 (Windows) NetAnalysis v1.52 I HstEx v3.7 Adobe Acrobat Professional 9.0 Snagh Serial Number 2W7LDQI EWFJ 1 DB704752 1D13704762 Licenset's} {if applicable) Built-In (use CAC to activate) Built-In (use CAC to activate) Built-In Built-In Dongle (Serial Number: M06 and MUS) saw License is a file saved on DVD with program 1113-1003-7917-2908-3231?7588 EC SUBJECT: Defense Classified Computer Hardware and Software United States v. PFC Bradley Manninu 3. USE AUTHORITY. a. The ahove~listed and software is provided solely to process classified material for this case. These systems are authorized to process information up to the level. it. The ahove-iisted software is provided solely for use on the defense forensic computer esperls' civilian computers once theyr have the two provided hard drives installed. The purpose of providing this software is to allow the defense computer forensic. experts to use their civilian computers to process classified information. At the completion of this case, the defense experts will retain no copies of the software or the license codes. The hard drives. software. and the license codes will be stored with the classified defense files at the conclusion of the case. with the exception of the Mount image Pro Dongles. which will he returned to the prosecution. 4. HAND RECEIPTS. Three DA Form 2062:: are enclosed in order to maintain proper accountability ol accountable hardware. The prosecution will execute these hand receipts with a military member of the defense team. 5. The point of contact for this request is the undersigned at My! 3 Encls ASHDEN FEIN as CPT, JA Trial Counsel CF 1 MAJ Kemkes, Senior Defense Counsel DEPARTMENT OF THE ARMY us. new MILITARY DISTRICT or WASHINGTON 210 A STREET FORT LESLEY MOHAIR, Dc 20319-5013 REPLY TO ENTIDN El ANJA-CL 23 September . vb..th MEMORANDUM THRU Clint?) Staff Judge Advocate. U.S. Army Military District of Washington (ANJA). 210 A Street. Fort Lesley J. McNair, DC 20319 Office of the Judge Advocate General David Mayfield'), 2200 Army Pentagon. Washington. DC 20310 FOR Deputy Chiefof Staff for Intelligence 2200 Army Pentagon. Washington. DC .7113?) SUBJECT: Request to Provide Personnel Access to Classified Information United States v. PFC Bradley Manning l. The prosecution team in the case of United States v. PFC Bradley E. Manning requests that the active duty service member listed below be granted the appropriate security clearance and access to classified information up to the TOP SECRET (Sensitive Compartmented Information} level to include the compartments TR, HC5. and G. This individual needs such access to assist the prosecution and participate in all future court-martial primeedings. SPC Princeton L. Bradley. 238?654520?2 2. The above list is not all?inclusive. Throughout the court-martial process. there will likely he additions and suhtractions. which will require adjustments to the personttel's access. Any suhtractions will he submitted immediately. 3. The point of contact for this request is the undersigned at i? ASHDEN Fem CPT. JA Trial Counsel EPQE PERSONNEL QUERY PRIVACY ACT INFO NAME SSE DOB SEX CARST ORAGST SQI MANNING BRADLEY DMOSD PCMF SMOSEN ENLOP IMREPR PREAEA PYMAEA AER YMAEAT BASE DTETS 35 03 9x a 071002 121002 DTLAPC PDOR JTDEPC DERQS 0R05 PHYC MEL MES CELC 100524 0:0/26 04 111121 9 12 MARST DEPNBR ssusps 000523 YMEEFM ORSAP CONAP COADCD HAAPIN HBASMT 2510 DTPSIC PSII DTPSII ACACNB 2500 NERPCS PRPAS ACLST 0053 2 081006 A 020326 quLl/vs 1 VOLOC vCLoc RENLGP JT00M0 ASGTAS NMOSTA TOSAD AEPCAT: DTAEPE: DTAEPE: ASIEN: UGPONM: SMSC CURUIC UNDES UADZIP UGPDAM 201210 EDE LID FT DRUM 13502 TCSUIC DTEDPL DML DMSL PSC PPA RGUN CYLU ARLOCC STLOCU 20110914 10M 21M 0250 PF 36216 36 MUAST: 2 MVNAR: LI MUASDT: 20100505 MVEEDT: OSHAPR: ARQODA: FC TFML: TF210 VDML: ORGRAA: NR RQSTE RQUIC WHERE NEXT - RECORD 1 OF 6 DEPARTMENT OF THE ARMY us ARMY INSTALLATION MANAGEMENT COMMAND HEADQUARTERS. UNITED STATES ARMY FORT DRUM 10000 10*? MOUNTAIN DRIVE FORT DRUM, NEW YORK 13602-5000 ORDERS: 293-262 25 OCTOBER 2011 MANNING BRADLEY PFC eat FORT DRUM. YORK 13502-5000 You will proceed on permanent change of station as shown- Assigned to: H0 USA (WUUCUIJ FORT MYER. VIRGINIA 22211?5000 Reporting date: 10 DECEMBER 2011 Additional 1. You are responsible for reporting to next duty stationl?school in satisfactory physical condition. able to pass the Army physical ?tness test and meet weight standards. 2. Air Mobility Command (AME) scheduled passenger airlift will be used to the maximum extent possible. Commercial transpartation will only be procured by the govern mentwhen it has been determined thatAMC cannot meet the movement requirements (eg. Soldier speci?ed in EDAS Assignment instructions). 3. Infonhation is at your ?ngertips as you plan your relocation. Access the website for all you need to know about your next installation and surrounding communities. This website contains links to individual installation ACSIM {Housing and Relocation) websites and other websites regarding relocation. For additional information on your gaining duty station visit the ACS Family Readiness Center located in P4330- If you are authorized Permissive Temporary Duty (PTDY), you must reporttc the Housing Of?cer servicing your new duty station on the day your Permissive Temporary Duty begins with your DA Form 31. Permissive TDY will end on the date speci?ed on your DA Form 31 or on the date you sign into your new duty station. whichever comes ?rst. 4. Soldiers are advised that use of a government contract travel office is mandatory when purchasing tickets for of?cial travel. Of?cial travel arrangements purchased through a commercial travel office {Travel Agency) not under contract to the government is not reimbursable. Soldiers are advised that use of a government contract of?ce is mandatory when purchasing tickets for official travel (PCS. TDY. emergency .3. other funded leave programs). Failure to use a government contract of?ce when obtaining tickets for of?cial travel may result in the Soldier and Family members not being reimbursed. Even though travel is purchased through a government CTO. Soldier?s reimbursement will be limited to the amount the government would have spent. had the government arranged and purchased the tickets. In the event you need emergency assistance (leave extension, change in port call. family travel problems. etc.) you should contact the Army Travelers' Assistance Center at (300) 532-5552. Do not contact your losing or gaining unit. 5. Use of the govemment travel charge card (GTCC) is authorized in accordance with the Of?ce of the AssistantSecretary of the Army {Financial Management and Comptroller) memorandum dated 9 Jun 2009. SUBJ: Use of the Government Travel Charge Card (GTCC) for Permanent Change of Station (PCS) expenses. Reimbursement for travel and transportation expenses will be limited to the most direct GSA city pair fare available between the old and new permanent duty station. If GSA fares are not available reimbursement will be based on the most cost effective. government procured. transportation available between the old and new permanent change of stations. The GTCC will not be used to purchase discretionary travel (is leave}. circuitous routings or travel torfrom duty locations not stated in the orders. The soldier must use a government travel office to personally procure travel arrangements. Purchase of travel through a commercial on?line service or commercial travel agent is not authorized. 6. You are authorized shipment of Household Goods (HHG). If you plan to ship personal property. at govemmentekpense, contact your local Transportat'IOn of?ce. within 7 work days after receipt of these orders. to arrange for shipment. If you ship personal property at government expense. contact the Transportation of?ce at your new duty station to arrange for delivery. All transportation questions may be directed to (315) 772-7775 T. If you or any family member is af?liated with the US Army Medical Command or the Army Medical Department (AM EDD). that family member may be eligible to participate in the Transition Employment Assistance for MEDCOMIAMEDD Program. Information regarding eligibility and how to participate is available online at . B. You will submit a travel voucher to the custodian of your ?nance records within 5 days after completion of travel. 9. If you reside in government ownedlgovemment leased quarters or if you are on the housing referral list of Fort Drum. NY. you must report to the local housing of?ce within 5 days of receipt of these orders. You are required to contact the Installation Housing of?ce at yoor new duty station to determine the availability of quarters. before entering into any housing agreement. 10. Dependents: NO 11. You are authorized to ship retained issue OCIE as indicated in CTA 50-900 Appendix at government expensewith your household goods as PEPSIE or in separate freight shipment. Your local central issue facility can tell you what items you are authorized to retain and ship. Your installation transportation of?ce can assist in determining the most advantageous methods of shipment. 12. Upon arrival at your new duty station you are required to enroll yourself and your family members with your new Tricare region and recon?rm your DEERS information. For additional information. you can access the Tricare website at: . ORDERS 298-262 USA IMC HQ USAG FORT DRUM. NEW YORK 13602-5000 DTD 25 OCT 11 13. Effective 1 July 2009. Department ofDefense Education Activity Schoois (DDESS. DODDS EUROPE AND Paci?c) will change the age requirement and students must be 4 years old by September 13I for Pro-Kindergarten or Sure Start Programs. 5 years old by September 15' for Kindergarten and 6 years old by September 15' for 151 grade. For more details go to httg:lew.dodea.edu and click Early Childhood entrance age change. 14. Soldiers moving to a privatized housing under the Army's Residential Communities Initiative (RCI) must comply with all applicable State. Federal and Local laws and all installation speci?c requirements associated with ownership. registration. control and vaccination of pets. Soldiers residing in privatized housing under the Army's Residential Commonities Initiative may not board any dog or a breed {including mix breed} that is deemed "aggressive or potentially aggressive" unless the . dog is a Certi?ed Military Working Dog that is being boarded by its handlerltrainer. Aggressive or potentially aggressive breed of dogs are de?ned as Pit Bulls (American Staffordshire Bull Terriers or English Staffordshire Bull Terriers). Rottweiler's. Doberman Pinchers. Chows and Wolf Hybrids. Prohibition also extends to other dogs that demonstrate a propensity for dominant or aggressive behavior as indicated by any of the following types of conduct: 1. unprovoked barking, growling or snarling at people approaching the animal: 2. Aggressively running along fence lines when people are present; 3. Biting or scratching people; or 4. Escaping con?nement or restriction to chase people. Soldiers are encouraged to contact their local housing of?ce to obtain further details. 15. You are authorized reimbursement fortwo piece of excess accompanied baggage. not to exceed 50 per piece for yourself and each family member authorized to travel on this order. You must be ?nancially prepared to pay for the baggage charges when you check in with the airline. It is your responsibility to obtain receipts from the air carrier for the baggage charges and provide the receipts when you ?le your ?nal travel voucher. 16. Early report is authorized. Upon your arrival. report to BLDG 406. Ft Myer. VA during normal duty hours for your initial in-processing. PDC Comm mitt-696365018169: DSN: 426-3660l8169. If you report during non duty hours {after 17'00 and require assistance. you should contact Military Police Desk. Comm ?03?696-3525. and DSN: 426-3525 for further guidance. 13. You will proceed on or about 03 DECEMBER 2011- In accordance with Fort Drum Regulation 612-4. you are required to obtain clearing papers 14 working days prior to your proceed date. Issuance and brie?ng of Installation Clearance Papers is held Monday thru Friday [except for federal. holidays) in Clark Hall. P-10720 in room A149. Sign-in is 0930: brie?ng starts at 1000 hrs. When attending the brie?ng. you will need to be in military uniform uniform is not authorized). with a copy ofyour approved DA form 31. For installation out-processing guidance. see Fort Drum Regulation 612-4 or call the Central Clearance Station at 2?27. risbi-aisxa'afa cos, 2?0 BCT. ATTN sr. FORT DRUM. NY13602 (1) cos. HO use. sr. FORT was, VA 22211 (1) DIRECT INQUIRIES CONCERNING THIS TO MR4 ABBOTT. PERSONNEL SECTION. FORT DRUM NEW YORK 13602?5000. DSN: 772-6448. FOR ARMY USE: AUTH: EDAS Cycle Dated 20111025 MDC: 3AE2 PERS CON NC: 3U201112A022 NA aseo TO MGT osp: carers PPD: NA CONTROL SPECIALTY: NA Prvrosrnoc: 35F1000YY CIC: NA PRDJ SPECIALTY: None PERS SCTY CODE: NA AVAL DATE: NA FORMAT: 41 0 FOR THE COMMANDER g: a: OFFICIAL Fr. DRUM. NY a i JAMES A. sweeps Chief. Military Personnel Division - INDIVIDUAL (DEPARTMENT OF THE ARMY us. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR. DC 20319-5013 REPLY TO OF ANJA-CL 25 October 2011 MEMORANDUM FOR Mr. David Coombs. Civilian Defense Attorney SUBJECT: Presentation ot'Prosecution's Case United States v. PFC Bradley Manning 1. PURPOSE. As previously discussed and to assist in the disposition of this case. the United States is willing to present the evidence supporting the charges against the accused and propose potential plea terms. This memorandum sets out the agreement for the meeting scheduled for 8-9 November Bill 1. 2. GROUND RULES. The United States invites the accused, defense attorneys, defense computer experts. and defense security experts to attend the meeting. and it is within your discretion to decide which of them will attend. The United States expects only the four prosecutors to be present and the presentation will primarily be in the form of PowerPoint (PPT). Because we want the meeting and presentation to be as productive as possible and a useful and ef?cient vehicle to understand the classi?ed evidence. the following ground rules will apply: a. No statements made by the prosecutors in connection with the presentation of the prosecution?s case and discussion of a plea shall be used in any way by the defense in any judicial proceeding related to this case. including, but not limited to. any pre-trial. trial. sentencing, appellate. andfor post-conviction proceeding. whether or not such judicial proceedings are classi?ed. Moreover. neither statements made by the prosecutors in connection with the presentation of its case. statements made by the prosecutors in connection with plea negotiation. nor the PPT shall be discoverable. The defense. however. may make derivative use of, and may pursue any investigative leads suggested by. statements made in the meeting. b. The United States does not expect to use the PPT presentation as evidence at the Article 32 investigation or trial. Therefore. we will not provide a copy of the PPT to the defense. You may take notes during the presentation. but given the classi?ed nature of the information being discussed. any notes must be handled in accordance with their classification level and the applicable Protective Orders and Handling and Use Orders. c. There will not be a question and answer session with regard to the matters presented. 3. PARTICIPATION. If you decide not to include the accused in this meeting. but later decide that it would be bene?cial for the accused to receive the same presentation. the United States will immediately coordinate the accused receiving the brie?ng. The same ground rules. listed above. will apply to the subsequent meeting. ANJA-C SUBJECT: Presentation of Prosecution's Case United States v. PFC Bradley Manning 4. ACKNOWLEDGMENT. If you would like to go forward with the proposed meeting, please have all attendees sign the enclosure. Once signed. please return the original to us and retain a copy for your ?les. 5. CLASSIFIED EVIDENCE. Once the prosecution received the appropriate approvals, it will continue to work actively and diligently to ensure timely release ot?all possible information to the defense so their ability to represent and potentially defend their client will be in no way impaired. This proposed meeting is not intended to impede this release and any such release will occur irresPective of this meeting. 6. The point of contact for this request is the undersigned. Enel ASHDEN FEIN as CPT, JA Trial Counsel CF: Senior Defense Counsel Acknowledgment by the Defense 1 have read and understand the Presentation of Proseeution's Case Memorandum. dated 26 October 201 l. I agree to comply with the provisions thereof. Furthermore. I understand that neither 1 nor any member ot'the defense team will in any way use the statements of the prosecution presented during the presentation of the prosecution?s case and discussion of a plea as evidence in the Article 32 investigation or any judicial proceedings related to this case. David Coombs Date Erik Lakes Date Matthew Kemkes Date Trent Struttman Date Paul Bouehard Date Charles Ganiel Date Joshua Tooman Date Cassius Hall Date \ann lemma? by the, De I have read and understand the Presentation ofProsccutinn's Case Mcmumndum. dated :15" thn?mr 1m 1. to comply with m: prm-isiuns thereof. I that ncilher I new any member of the dc?n?ts: team will in any way use the nt?thc prosecution presented during the presentmon of the case and discussion of a plea as in the Article 32 r'm'cstigaiion or any judicial pmcw?nus related to this case. 1 Id ml: Erik Lakes Dali? Juggle/if!? Matthew chq'cs Dale Stuntman Data: Dar-c Charlcs Game] Date Jushua "funman Cassius Hall Dan: "mien-m have read and understand the Presentation nt?Preseeution's Case Memorandum, dated 23 Catcher 2m 1. agreete eemply with the phovisiuns therent'. Furthermore, understand that neither I nor any member of the defense team will in any way use the statements of the pruseeutinn presented duringI the presentation ufthe prosecution's case and discussion uf a plea as evidence in the Article 32 investigation or anyjudieial proceedings related to this case. I . I.- ?iv- :1 J?nl'l I Erik Lakes Date Matthew ELL-mites Date Trent Strultman Date . - I: Paul Buuelmnl Date Chailes Genie] Date Lanna Em Date Cassius Hail Date DEPARTMENT OF THE ARMY us. ARMY MILITARY DISTRICT or WASHINGTON 21 A STREET FORT LESLEY .J. MCNAIR. Dc 20319-5013 I i 15 November 201 1 MEMORANDUM THRU i Staffludgc Advocate}, Military District of Washington 210 A Street. Fort Lesley McNair?L DC 20319 Of?ce ofthe Judge Advocate General David 2200 Army Pentagon. Washington. DC 20310 FOR Deputy Chiefof Staff for Intelligence 2200 Army Pentagon. Washington, DC 20310 SUBJECT: Request for Security Of?cer - U.S. v. PFC Bradlev Manning 1 . The prosecution requests the assistance ofa dedicated security of?cer and alternate security of?cer during the Article 32 investigation in the above-referenced ease. The security of?cer will be charged with safeguarding classi?ed material used by the investigating of?cer during the proceedings and directly assisting the investigating of?cer with all matters concerning classi?ed information. 2. The security officers should be experts in identifying and protecting classi?ed information. The security of?cers should have a security clearance at the Top Secret 1 Sensitive ornpartmented Information (TSESCU level and authorized access to SL TK. G. and HCS. as well as practical experience dealing with various types ofclassifled infonnation. 3. The security of?cers will not be assigned as members of the prosecution or defense. but will provide security guidance and assistance to the investigating of?cer during the course of the Article 32 investigation. The investigating of?cer will likely need the assistance ofthe security of?cer between 1 December 2011 and 1 February 2012. A security of?cer must be present during all hearings. and during these hearings this detail should be his or her primary duty. A security of?cer will not be needed on a daily basis when not in session; however. they should be available to assist the investigating officer when needed. 4. The ioint ofcontact for this memorandum is the undersigned at '9 issues FEIN CPT, JA Trial ounscl MEMORANDUM FOR Convening Authority SUBJECT: Acknowledgment of Protective Order for the Secretary of the Amy AR 15-6 Investigation - United States v. PFC Bradley Manning 1. CFC gilt/L {a read and understand the protective order, dated 22 June 20] 1. relating to the SecArmy AR 15-6 Investigation. and I agree to comply with the provisions thereof. I understand that further disclosure of the SecArmy AR 15-6 Investigation is unauthorized unless the disclosure adheres to the requirements of the protective order. 2. I understand that the unauthorized disclosure. unauthorized retention. and negligent handling ot?the SecArrny AR 15-6 Investigation will result in the Converting Authority?s review of the access procedures utilized in this case and may limit ease of access to all evidence related to this case in the future. 3. If 1 am uncertain about whether documents or information are covered by this protective order. I understand that I must con?rm with the Convening Authority through the trial counsel. 4. I understand that I remain bound to this agreement after the conclusion of all proceedings. if any. in the above referenced case. Upon termination of all proceedings. the sensitive information disclosed in this case shall be returned to the trial counsel. DATE SIGNATURE MEMORANDUM FOR Convening Authority SUBJECT: Acknowledgment of Protective Order tor Law Enforcement Sensitive Information and Other Sensitive Information United States v. PFC Bradley Manning 1. 1, U7. 2w. (2 M??v?v?l have read and understand the protective order, dated 22 June 201 1, relating to sensitive information, and I agree to comply with the provisions thereof. I understand that ?irther disclosure of this sensitive information is unauthorized unless the disclosure adheres to the requirements of the protective order. 2. I understand that the unauthorized disclosure, unauthorized retention, and negligent handling of this sensitive information will result in the Convening Authority?s review of the access procedures utilized in this case and may limit ease ofaccess to all evidence related to this case in the future. Violations of this protective order may also violate federal district court disclosure and protective orders and will result in the forwarding of my name to the U.S. Attomey?s Of?ce for the Eastern District of Virginia. I understand that I also must sign a copy of any relevant district court disclosure and protective order as a condition precedent to receiving grand jury information. search warrant documents. and applications and orders pursuant to 18 U.S.C. 2703(d). 3. am uncertain about whether documents or inferrnation are covered by this protective order. I understand that I must con?rm with the Convening Authority through the trial counsel. 4. I understand that I remain bound to this agreement after the conclusion of all proceedings, if any. in the above referenced case. Upon termination of all proceedings. the sensitive information disclosed in this case shall be returned to the trial counsel. iz/r/tr DATE MEMORANDUM FOR Convening Authority SUBJECT: Acknowledgment of Protective Order for Classi?ed Information United States v. PFC Bradlg Manning 1. l, LIZ- Z?nrt. (Z . understand that I may be the recipient of information and intelligence that concerns the present and future security of the United States and that belongs to the United States. This infomration and intelligence. together with the methods of collecting and handling it, are classified according to security standards set by the US. Government. 1 have read and understand the provisions of the espionage laws (I 8 U.S.C. 793. 794. and 798) concerning the disclosure of information relating to the national defense and the provisions of the Intelligence Identities Protection Act (itFamiliar with the penalties for the violation thereof. have also read and understand the provisions of Army Regulation 330-5. concerning safeguarding, disseminating. transmitting and transporting, storage and destruction. and less or compromise of classi?ed information. I understand these provisions of the law and Anny Regulation are available at the Military Justice Section. Of?ce of the Staff Judge Advocate. US. Army Military District of Washington. Fort Lesley MeNair. DC. 20319. 2. I understand that the unauthoriraed disclosure. unauthorized retention. and negligent handling of classi?ed information by are could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation or enemy of the United States. I hereby agree that I will never divulge classi?ed information to unless: have of?cially veri?ed that the recipient has been properly authorized by the United States Government to receive classi?ed information; have been given prior written notice of the authorization of the United States Government Department or Agency responsible for the classi?cation of the information or last granting me a security clearance that such disclosure is permitted: or as ordered by the Converting Authority. I understand that if 1 am uncertain about the classi?cation status of information. I am required to con?rm from an authorized official that the information is unclassi?ed before I may disclose the information, except as provided in or above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified information. I understand that any breach of this agreement may result in the termination of any access to classi?ed I recognize that this agreement including its provision for the termination of access to classi?ed information does not constitute a waiver of the United States? right to prosecute for any statutory violation. 3. I understand that 1 will remain bound to this agreement after the cenclusion of proceedings in United States v. PFC Bradlev Manning. 4. I read and understand the Protective Order by the Convening Authority. dated 17 September 2ft?). in the case of United States v. PFC Bradlev Manning. relating to classi?ed information, and I agree to comply with the provisions thereof. 5. I understand that if I am a lawyer. noncompliance with this Protective Order will be mpoged to any State Bar where I am admitted to practice law. IZ/s/ir Zr re DATE SIGNATURE Witnessed. swom and subscribed to before me this i of Derek-iv . clot). - - Pet-Ok-(Jtr OLD vi 3 DATE stonirt?fns" gar waif, Variety? refrain ra?l'tf- man?n ATTESTATION CERTIFICATE This document is intended to meet the requirements set forth in Military Rules of Evidence Rule 902(1 1 )1 addressing certified records of regularly conducted activity. my knowledge and belief: responsibilities; I swear or affirm that each of the following is true regarding the attached records to the best of 1. I am the custodian of these records, or I am an employee familiar with the manner and process in which these records are created and maintained, by virtue of my duties and 2. The records were made at or near the time of the occurrences of the matters set forth by or from information transmitted by. people with knowledge of these matters: 3. The records were kept in the course of regularly conducted business activity; 4. lt was the regular practice of the business activity to make the records; and 5. The records are a true accurate. and complete copy of the original documents. List of attached records: NDA - 28 Jul 11.pdf (2 Pages) Organiz ion . ?m'rj Vatan Si nature Date Priquor Type Name Title 0 @Sonne? Business Telephone Subscribed and sworn to before a notary pub Notary ublic; My commission expires on: . .wx- I a ?7 . 23 our of. CLASSIFIED INFORMATION AGREEMENT AN AGREEMENT BETWEEN BRADLEY eownno MANNING AND THE UNITED STATES {Name of lndr'viduai - Printed cr typed} 1. Intending to be legally bound. I hereby accept the obligations contained in this Agreement in consideration of my being granted access to dessi?ed information. As used in this Agreement. dasail'ied mtonnation is marked or unmarked classi?ed intonhation. including oral convnunicettons, that is aassi?ed under the stewards of Exemtrve Order 12958, or under any other Enemave order or statute that prohibits the unauthorized disclosure of intomtatron in the interest at nations! annuity. and unclassified information that meets the standards for classification and is in the process of a classi?cation determination as provided in Sections. 1.2. 3. and knots} of Erecmivo Order 12953. or under any other Executive order or statute that reoutres protection for such Intern-teach the mterest at national occunty I understand and accept that by being granted access to dassr?ed information. special con?derae and trust shall be placed in me by the United States Government . 2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of classi?ed information inctudlng the procedures to he followed in ascertaining whether other persons to whom I contemlatle disclosing this inter-motion have been achieved for access to it. and that I understand these procedures. 3. I have been covered that the unauthorized disclosure. unauthorized tetanuon. or negligent handling of dassi?ed information by me could cause damage or int-parable injury to the United States or could be used to advantage by a foreign nation I hereby agree that I Wt" never dlvulge classi?ed Information to anyone unless: I have of?cially veri?ed diet the recipient has been property authorized by the United States Government to receive it; or {hi I have been given prior lMitten notice of authorization tram the United States Government Department or Agency thereinafler Department or Agency) remnsible tor the of the or last granting me a sewnty clearance that such disclosure is permitted I understand that it I am uncertain about the deserti?cation status of information. I am recurred to con?rm from an authorized otticial that the information is unclassal?red before I may disciose it. except to a person as provided In or (bi. above. I further understand that I am obligated to entirely with laws and regulations that prohibit the unauthorized disclosure of classi?ed information. at. have been advised that any breach at this Agreement may result in the termination at any seatrity dearancea I hold; removal frorn any position of Sp-Etial con?dence and requiring such dear-shoes; or the lamination of my employment or other relattortahrps with the Becaments or Agencies that granted my sectimy daarance or clearances. In addition. I have been advanced that any Unauthorized disclosure of classi?ed intonnaticn by me may constitute a violation. or violations. at United States criminal laws. including the provrsicns ct Sections 641. 793. 794. 798. '952 and 1924. Title 13. United States Code. the provisions of Section 783 Title 50. United States Code. and the provisions oi the Intelligence Identities Protection Act at 1962 recognize that nott?ung in this Agreement constith a waiver try the Unload States of the right to prosecute me for any statutory violation. 5. I hereby assign to the United States Govemment alt royalties. remuneraticns. and emoluments that have resulted. witl result or may result from any disclosure. publication. or revelation ct classified information not consistent with the terms of this Agreement. 6 I Understand that the United States Government may seek any renedy available to It to enforce this Agreement but not limited to. noti?cation for a court order Whibi?ting disclosure of Information in bread: of this Agreement 1 I understand that all classi?ed information to which I have access or may obtain access by signing this Agreement is now and remain the property of, or under the control at the United States Govemmenl unless and until otherwise detenmned by an anti-rotted of?cer or ?oat mian of a comt or law I agree that I shall return all classi?ed materials which have. or may come into my possession or for which I am responsihte because of such access: (it) upon demand by an authorized representative of the United States Government. to} upon the ccndusmn of my employment or other relationship the Depanment or Agency met last granted me an annuity clearance or that provided me access to dasailied information; or upon the cenoluaicn at my Malaya-rent or other relationship that requires access to claserheo union-nation. It i do not return such motorists upon request. I understand that this may be a violation of Section 1?93 andr'cr 1924. Title 13. United States Code. a United States criminal law. 8. Unless and Until I am reieased In writing by an authorized representative of the United Stat I understand that all conditions and obligations encased upon me by this Agreement new during the time I am granted access to classi?ed intent-ration. and at all times thereafter. 9- Each provision at this Agreement Is smaola. it a court should that any provision of this Agreement to be unenforceable. all other provisions of this Agreement shall ten-tern in full force and cited. (Continue on reverse NEH 754041-236 5499 $03- 311 Proms Mira. not palate Prescribed by W500 32 2cm. 0. $2955 10. These restrictions are consistent with and do not supersede, con?ict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12958; SectiOn 1?21 1 of Trtle 5. United States Code (governing disclosures to Congress): Seetton ?334 of Titte 10. Untted States Code. as amended by the Multan; Whistteblower Protectron Act lgovemtng dmdosure to Congress by members of the military): Section 2302le3} oi 5. Untteo States Code, as amended by the Whether-her Protection Ad (governing disclosures of waste, fraud, some or public health or safety threats); the Intelligence retentive: Protectlon Act of t982 {50 LI. .5 421 el seq.) (goveran disdosures that expose con?dential Govenment agents). and the statutes which protect against disctosum that may compromise the national semnty. inducing Sections 541. 1'93. t94. 158. 952 and 1924 of True 15. United States Code, and Section Itle of the Subverstve Activities Act of 1950 [50 USS. Section 733th?. The de?nitions. requirements. obligations. rights. sanctions and Iiabrluties created by said Exewtive Order and listed statutes are incorporated lnto tilts Agreement and are controlling. 11 have read this Agreement carefully and my questions. if any. have been answered. I acknowtedge that the brie?ng of?cer has made avotlobte to me the Exewtrve Order and statutes reterenoeo in this Agreement and its tmplementing regulation {32 CFR Sectan 2003.29} so that I may read them at this tin-e, it I so choose. Ween (Sn-me mousse Games are seem mowoe magma-?55. m3 IF APPJCABLE renew sever.? cone NUMBEM. 'lyoe or error: HEADQUARTERS AND HEADQUARTERS COMPANY US. ARMY GARRISON. JOINT BASE BAYER-HENDERSON HALL FORT MYER. VA 22211 WITNESS ACCEPTANCE THE execunon or= AGREEMENT WAS THE unoensvoueo ACCEPTED ms AGREEMENT at THE uuoensreneo. on BEHALF or THE unmso snares GOVERNMENT. GNATURE I DATE 9351 . WM we; AND mattress rTm- or pant} NAME Wes ??yoe Department of the Army Department of the Army A'l'l'N USACAC 62 Security Of?ce AWN USACAC 62 Security Of?ce Commander USACAC and For; mm Commander USACAC and Fart Leavenworth McCleHan Avenue MCCIEHEH AVENUE Building 197 Building 19? Fort Leavenworth. KS 66027 Leavemdhr KS 55027 SECURITY DEBRIEFING ACKNOWLEDGEHENT muf?n-tr that the previews at the espionage Im. other teoeret comma! laws and executor-2 order: amicable to the at omitted chlorination have been ?made auattabte to me; met I have reamed all deemed intent-tattoo It'l my melody; that I win not oomrruntcele or transmit classt?Sed intonnetim to any oneuthon?nd person or organization. that report to the Federal Bureau ol m?gltton :tnt.r anal-not by at unauthorized person to sotidt deset?ed Mam-rattan and that I lbevet [have not} {strike out mapprooriate ?om or wordst recon-ed annuity ?may. if DATE NAME 0" 'hmeFSK Uri-e af?rm!) CF NOHCE. The Prwac, Ad 5 SE. 552:. mantras that hoeral agenaee Inform moments. at the tme trftormatton ts Wed turn them. mm the ?uctuate: ls mandetory 0r Wrens-try by what m?hot?rty such intermahm rs sol-cried. and what uses wit be made at the mtormatlon You are hereby aimed that authonty tut soliatmg your Soaal Seamty Amount Number {55m as Executive Order 9391' Your SSH Will be used to Identify you precisely Mien it lsneoesslw to ems: tothe mmetton Melted shove or ztdetamhethetyourlomsto mutated hes termrneteo Armour- u-sctosure at you SEN Is not mandatory. your tenure to do so may trope-0e the processing of such certi?cation: or deter-minnows. or posst'bl?y result in the dental at yOur toe-no ?remen access no dawned mtomwtuon. NOT AMICAELE TC PERSONNEL SIGNING FW- 113 BACK 01214 PRETRIAL ALLIED PAPERS DISCOVERY DOCUMENTS DEPARTMENT OF THE ARMY U.s. ARMY MILITARY DISTRICT oF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR. oc 20319-5013 REPLY TO ATTENTION OF ANJA-CL 26 February 2014 MEMORANDUM FOR RECORD SUBJECT: Discovery Accounting for the Record of Trial - United States v. PFC Bradley Manning I. The purpose of this memorandum is to account for all discovery the United States produced to the defense. including any discovery made available for inspection at a speci?c location. that is not otherwise included in the record of trial. As background. the United States ?led Appellate Exhibit (AB) 543 to account for discovery and expert witnesses. and included digital copies of all discovery for the record; however. speci?c items were not provided based on their classi?cation and access authorizations. With one exception detailed below. the United States consolidated in a single location for preservation purposes all discovery which was made available for inspection at various locations. This accounting does not supersede AE 543, but instead provides the location of any material that was not included as an enclosure to AE 543 and provides copies of any additional discovery produced after the United States ?led AE 543. 2. The United States ?led AB 543 on 15 May 2013. Between 15 May 2013 and the conclusion of the trial. the United States produced Bates Enclo3ure 1 contains all unclassi?ed discovery the United States produced after 15 May 2013. and Enclosure 2 contains all classified discovery the United States produced after 15 May 2013. 3. The hard drive and forensic cube. referenced in AB 543 and containing 957 gigabytes of discoverable information. to include forensic images of several pieces of evidence. is stored at the CIA in the same safe holding the sealed exhibits pursuant to AB 500. In addition to these drives. classi?ed drives containing defense counsel work-product are stored in the same safe. Enclosure 3 is an email chain referencing the specific drives belonging to the defense being stored at the CIA. 4. The United States made the forensic rnetadata for four digital files. and the content of two of those ?les. available to the defense for inspection on a stand?alone government computer. AE 381 and AE 543. The original hard drive from the stand-alone government computer is stored at the CIA in the same safe holding the sealed exhibits pursuant to AB 500. 5. As outlined in AB 543. the United States made available to the defense for inspection the below discovery. which is stored at the CIA in the same safe holding the sealed exhibits pursuant to AB 500. a. Office of the National Counterintelligence Executive (ONCIX) information [Bates 00527049005271 ANJA-C SUBJECT: Discovery Accounting for the Record of Trial - United States v. PFC Bradley Manning b. National Security Agency (NSA) information (Bates 005271 1 c. CIA information (Bates 00508935-00508940; d. Damage or Impact Statements (Bates 00504482-00504652); e. impeachment Material (Bates 00527122-00527226 and 00527645); and f. RCM 914 Material (Bates 00527619-00527644}. 6. As outlined in AB 339, Enclosure 18. the United States provided a hard copy of the following classi?ed documents to the defense security experts for proper storage and access by defense counsel: Bates 00509516-00511906 and Bates 00514501-00514898. On 23 October 2013, the defense security experts destroyed the defense?s copy of these documents. Enclosure 4. A hard copy of Bates 0051487'3-00514898 and a digital copy on of the remaining documents are stored at the CIA in the same safe holding the sealed exhibits pursuant to AE 500. 7. As outlined in AB 543, the United States made certain Department of State (DOS) information (Bates 0052636100533 7048}, to include the Net Centric Diplomacy database that the accused is charged with compromising. available to the defense for inspection at the DOS. This information is stored at the DOS Of?ce of Information Programs and Services in the Bureau of Administration. The point of contact for access is the Of?ce of Management in the Of?ce ofthe Legal Adviser at {202) 647-4000. 8. The point of contact for this memorandum is the undersigned. .l I 1 1? 4 Encls FEIN 1. x] CD containing Unclassi?ed Discovery MAJ, JA 2. x1 CD containing Classi?ed Discovery Trial Counsel 3. Hurley Email, 14 Jan 14 and CPT Tooman EmailForm 3964. 23 Oct 13 I'd 01217 Enclosure 1 is a and stored in the original Record of Trial 01218 Enclosure 2 is classi?ed and stored in the classi?ed supplement to the original Record of Trial 01219 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW Subject: RE: Accounting Date: Tuesday, January 14, 2014 8:53:12 AM MAJ Fein This is the memorialization of our meeting today that I requested. Thank you for doing this. Your recitation of what occurred jibes with my memory of the events. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, January 13, 2014 7:06 PM To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: Hall, Cassius CIV Ganiel, Charles CIV USARMY ATEC McGuire, Rosemary Hernandez CW2 USARMY USAMDW orns, Claire SGT USARMY MDW Morrow, oDean (Joe) MAJ USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY USAMDW (US) Subject: Accounting MAJ Hurley and CPT Tooman, Thank you for meeting me today at the Fort Meade TDS office. 1. The following classified items were sealed by you (as defense work product) and will be stored by the Government because they are classified. They will be stored at the CIA in the same safe as the appellate exhibits. . LaCie 8Tb Storage Device (forensic cube) with power supply. . X1 Laptop Hard Drive labeled "Eric" . X1 Laptop Hard Drive labeled "Trent" . X1 Hard Drive SN: WCAVY0444573 X1 Hard Drive SN: WMAP41774165 X1 Hard Drive SN: P8GB2D3F . X1 Hard Drive SN: S4D569TQ 2. The following items were retrieved and will be reutilized because they are either equipment or software license keys: . X3 Large Classified Information Storage Bags . X2 Small Classified Information Storage Bags . Mount Image Pro Dongle (SN: M06) . Mount Image Pro Dongle (SN: M08) . Internet Evidence Finder Dongle X3 Laptop Cases WOO-10693 We will coordinate with the Fort Myer TDS office to pick up the shredder. Please confirm the accuracy of this email. Thank you! v/r MAJ Fein 01220 From: Tooman, Joshua CPT USARMY (US) To: in A MA ARMY MDW r Th FMA ARMY Cc: Hall, Cassius CIV Ganiel, Charles CIV USARMY ATEC McGuire, Rosemary Hernandez CW2 USARMY USAMDW Jorns, Claire SGT USARMY MDW Morrow JoDean (Joe) MAJ USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY USAMDW (US) Subject: RE: Accounting (UNCLASSIFIED) Date: Tuesday, January 14, 2014 1:41 :47 PM Classification: UNCLASSIFIED Caveats: NONE Sir This looks correct to me. Josh Joshua J. Tooman CPT, A Knowledge Management Attorney International and Operational Law Division Office of The Judge Advocate General Pentagon Room 3D548 571-256-2915 SIPR: From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, January 13, 2014 2:06 PM To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: Hall, Cassius CIV Ganiel, Charles CIV USARMY ATEC McGuire, Rosemary Hernandez CW2 USARMY USAMDW orns, Claire SGT USARMY MDW Morrow, JoDean (Joe) MAJ USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY USAMDW (US) Subject: Accounting MAJ Hurley and CPT Tooman, Thank you for meeting me today at the Fort Meade TDS office. 1. The following classified items were sealed by you (as defense work product) and will be stored by the Government because they are classified. They will be stored at the CIA in the same safe as the appellate exhibits. . LaCie 8Tb Storage Device (forensic cube) with power supply. . X1 Laptop Hard Drive labeled "Eric" . X1 Laptop Hard Drive labeled "Trent" . X1 Hard Drive SN: WCAVY0444573 X1 Hard Drive SN: WMAP41774165 X1 Hard Drive SN: P8GB2D3F . X1 Hard Drive SN: S4D569TQ 2. The following items were retrieved and will be reutilized because they are either equipment or software license keys: a. X3 Large Classified Information Storage Bags b. X2 Small Classified Information Storage Bags c. Mount Image Pro Dongle (SN: M06) d. Mount Image Pro Dongle (SN: M08) e. Internet Evidence Finder Dongle f. X3 Laptop Cases We will coordinate with the Fort Myer TDS office to pick up the shredder. Please confirm the accuracy of this email. Thank you! V/r MAJ Fein Classification: UNCLASSIFIED Caveats: NONE 01221 19%: 01222 CLASSIFIED DOCUMENT ACCOUNTABILITY RECORD DATE FOP us: of this farm. see AR 330-5: the plopunent agencyr is the Office. AssisIant Chief of Sta.? for Intelligence. 4- 20 '3 SECTION A - GENERAL TO: I FROM: New paved Emma.? vein DATE RECEIVED ACTION OFFICEISI SUSPENSE DATEISI REGISTER OR CONTROL NO. CONTROL LOG CLASSIFI- NUMBER DESCRIPTION Hie Ra?. Uncims??ed Subject DATE OF I ORIGJNATDH OR FILE NO CATION OF COPIES or Short Rife and Number of Indorsemen??nc?j DOCUMENT 00575 L. . our/L10 I5 - .. . on:ch r- Afr-?- {Drill-?6: CG 5? 9-15,, - ?r Wyn".ch jar/n; I on warm Ta! a a Fig- 2 5' I I 91'. - IL ?5 I: jar/SECTION - ROUTING I ACKNOWLEDGE RECEIPT OF THE MATERIAL DESCRIBED HEREON TD COPY N0. DATE PRINTED NAME SIGNATURE 1. 2. 3' 4. 5. - SECTION - DESTRUCTION CERTIFICATE (Cheri: mproprime block} TORN IN HALF AND PLACED IN A CLASSIFIED WASTE CONTAINER TAR 380-5} MATERIAL DESCRIBED HEREON HAS BEEN: PAGE DR capv NO OFFICE SYMBOL DATE PRINTED NAME OF CUSTODIAN OR REP SIGNATURE DESTRUCTION RECORD NO. DATE TED NAME OF CE TI OFF. Io/zJ/u ass: 9 ?w L. L- PAGE OR COPY NUMBER DATE FRINTE WE OF WWSSING OFFICIAL Air/,4, .m SECTION REPRODUCTION AUTHORITY NUMBER OR COPIES TO BE REPRODUCED AUTHORIZED BY DATE SECTION - RECEIPTITRACER ACTION {Check appropriate block] RECEIPT OF DOCUMENTISI ACKNOWLEDOED El TRACER ACTION: SIGNED RECEIPT FOR MATERIAL DESCRIBED ABOVE HAS NOT BEEN RECEIVED. DOCUMENTISI HAVE NOT BEEN RECEIVED DATE PRINTED NAME, GRADE OR TITLE SIGNATURE COMMENTS DA FORM 3964. JUL 79 EDITION OF 1 NOV 3'2 IS OBSOLETE. V2.00 gait: 01223 CLASSIFIED DOCUMENT ACCOUNTABILITY RECORD For use of This form. see AR 330?5; the proponent agency- 'Is tho Of?ce. Assistant Chm! of Staff for Intelligence, DATE 53.223 353/15 SECTION A - GENERAL ?3:me Pro-35:44:? ma?a? ?Skg-e? F??nn FROM: DATE RECEIVED ACTION OFFICEISI SUSPENSE DATEISI REGISTER OR CONTROL NO. CONTROL LOG CLASSIFI- NUMBER DESCRIPTION Ra?. UncIawaed Subjec: DATE OF OR FILE NO- CATION OF COPIES or Short Tide and Number affudorsememm'rw?) DOCUMENT a . a AFAKJ ff/Jr/f I Dafa?ma - . .. rJ/Jc.517 -- I . I 5/ 3 r: DDFIVEIFEI ?3/0?55 . I I SECTION - ROUTING I ACKNOWLEDGE RECEIPT OF THE MATERIAL DESCRIBED HEREDN To COPY DATE PRINTED NAME SIGNATURE 1. 2 - 3. 4. E. SECTION DESTRUCTION CERTIFICATE (Check appropriate Mock) MATERIAL DESCRIBED HEREON HAS BEEN: TORN IN HALF AND PLACED IN A CLASSIFIED WASTE CONTAINER 380-5) PAGE OR COPY NO OFFICE SYMBOL DATE PRINTED NAME CUSTODIAN DR REP SIGNATURE DESTRUCTION RECORD ND. DATE PFI ED NAME OF CEFIT DEF. um ALI, D. PAGE DR COPY NUMBER DATE PRINTEDWZ OF WITNES ,6 OFFICIAL 5/611; j??ffp/ SECTION - REPRODUCTION AUTHORITY NUMBER OR COPIES TO BE REPRODUCED AUTHORIZED BY DATE SECTION - RECEIPTIT RACER ACTION {Check appropriare bk)ij RECEIPT OF DOCUMENTISI ACKNOWLEDGED TRACER ACTIDN: EIDNED RECEIPT FDR MATERIAL DESCRIBED ABOVE HAS NOT BEEN RECEIVED. HAVE NOT BEEN RECEIVED DATE PRINTED NAME. GRADE OR TITLE SIGNATURE COMMENTS DA FORM 3964, JUL T9 EDITION OF 1 NOV 72 IS OBSOLETE UNITED STATES OF AMERICA Prosecution Response v. to Defense Discovery Request Manning, Bradley E. PFC. US. Army. HHC, US. Army Garrison. Joint Base Myer-Henderson Hall Fort Myer, Virginia 22211 3 July 2012 The prosecution hereby responds to the Defense Discovery Request dated 26 June 2012 as follows: I. The prosecution did not submit a request speci?cally to Headquarters. Department of the Army to search and preserve its records relating to the accused. Defense Discovery Request, para. The prosecution submitted a request to the Department of Defense (DOD). to include HQDA. The prosecution will produce the request no later than 6 July 20 2. 2. There is no file pertaining to PFC Manning." outside the information which has already been. and will continue to be. provided to the defense. to include but not limited to the prosecution's own file. law enforcement investigative ?les. military intelligence investigative files. and administrative investigations. 1.3g Defense Discovery Request, para. 2th). If the defense is aware of any speci?c file, the defense is invited to submit a discovery request with reasonable speci?cin for what materials are sought. at 5. The prosecution will continue its review of all records responsive to the prosecution?s above request and produce those records consistent with the Court?s Rulings. AE CXLVII: see also Ruling: Defense Motion Clarification of Ruling Motion to Compel Discovery 2, 25 June ROI 2. ?as HUNTER WHYTE CPT, .lA Assistant Trial Counsel I certify that I served or caused to be served a true copy of the above on Mr. David Coombs, Civilian Defense Counsel via electronic mail. on 3 .luljvr 2012. J. WHYTE CPT, .l A Assistant Trial Counsel 01225 UNITED STATES OF AMERICA Prosecution Request v. for Reciprocal Discovery Manning, Bradley E. PFC, US. Army, HHC, US. Army Garrison, Joint Base Myer-Henderson Hal] Fort Myer, Virginia 22211 29 March 2012 Pursuant to R.C.M. 70] the prosecution hereby requests that the defense produce and permit the prosecution to inspect, copy, or photograph each of the following items which are known, or should be known through the exercise of due diligence, to the defense. The prosecution requests that the defense respond in writing and, speci?cally, notify the prosecution in writing which items of requested information or evidence the defense will and will not produce and the reasons for any delay or denial in producing reciprocal discovery. 1. Under R.C.M. the defense shall provide names and addresses of all witnesses, other than the accused, whom the defense intends to call during the defense case in chief; and provide all sworn or signed statements known by the defense to have been made by such witnesses in connection with this case. 2. Under R.C.M. the defense shall provide the names and addresses of any witnesses whom the defense intends to call at the presentencing proceedings under R.C.M. 1001(c) and permit the trial counsel to inspect any written material that will be presented by the defense at the presentencing proceeding. 3. Under R.C.M. 701(b)(2), the defense shall provide notice of its intent to offer the defense of alibi, innocent ingestion, or lack of mental responsibility, or its intent to introduce expert testimony as to the accused?s mental condition. The notice by the defense shall disclose, in the case ofan alibi defense, the place or places at which the defense claims the accused to have been at the time of the alleged offense, and, in the case of an innocent ingestion defense, the place or places where. and the circumstances under which the defense claims the accused innocently ingested the substance in question, and the names and addresses of the witnesses upon whom the accused intends to rely to establish any such defenses. 4. Under R.C.M. and based on defense requests under R.C.M. 701(a)(2)(A] and prosecution compliance with those defense requests, the defense shall permit the trial counsel to inspect books, papers, documents, photographs, tangible objects, or copies or portions thereof; which are within the possession, custody, or control of the defense and which the defense intends to introduce as evidence in its case in chief. 5. Under R.C.M. and based on defense requests under R.C.M. and prosecution compliance with those defense requests, the defense shall permit the trial counsel to inspect any results or reports of any physical or mental examinations and of scienti?c tests or experiments made in connection with this case, or copies thereof, that are within the possession, custody, or control ofthe defense that the defense intends to introduce as evidence in the defense case in chief or that were prepared by a witness whom the defense intends to call at trial when the results or reports relate to that witness? testimony. 6. The prosecution recognizes the above requirements are subject to R.C.M. 701(f), R.C.M. 701(g)(2), R.C.M. 706., M.R.E. 302, and M.R.E. 513. 7. Under R.C.M. 710(d), this is a continuing request for the items described above. Should the defense oppose this request or any part herein, the prosecution requests immediate notice and the reasons for defense?s denial of discovery. ANGEL M. OVERGAARD CPT, JA Assistant Trial Counsel CERTIFICATE OF SERVICE I certify that I served or caused to be served a true copy of the above on defense counsel, via electronic mail, on 29 March 2012. . "3 . . 3-, ANGEL CPT, JA Assistant Trial Counsel Ix.) DEPARTMENT OF THE ARMY us. ARMY MILITARY OF WASHINGTON 210 A STREET FORT LESLEY J. DC 20319-5013 REPLY To ATTENTION OF 13 September 2012 MEMORANDUM FOR Mr. David E. Coombs, Civilian Defense Counsel SUBJECT: Response to Defense Request for Discovery. dated 9 uly 20] 2 United States v. PFC Bradlev Manning l. The United States responds herein to the Defense Request for Discovery dated 9 uly 2012. The United States acknowledges its requirements under Article 46, UCMJ, the Rules for ourts- Martial. and relevant case law. 2. Discovery Response. a. Discovery Request, paragraph 2. RESPONSE: The Quantico video does not exist. The United States conducted a search but could not locate the video. See Enclosure 1: Enclosure 3. b. Discovery Request, paragraph 3. RESPONSE: The Prosecution has provided all matters requested that are in the Government?s possession and understands its continuing obligation to provide information responsive to this request. 3. The point ot?contact is the widersigned. ALEXANDER VON ELTEN PT. A Assistant Trial Counsel Enclosures 1. CW02 Barnes Statement dated 13 Angust 2012 2. CW02 Barnes Statement dated 12 September 2012 UNCLASSIFIEDHFOR OFFICIAL USE ONLY DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FORT LESLEY J. MOHAIR, DC 20319-5013 REPLY TO ATTE HTIDN DF 13 September 2012 MEMORANDUM FOR Mr. David E. Coombs. Civilian Defense Counsel SUBJECT: Response to Defense Request for Discovery of CIA Information. dated 19 July 2012 United States v. PFC Bradley Manning 1. The below responses to the defense discovery request account for the ongoing national security concerns of this case. the ongoing law enforcement investigationis}, and comply with the limitations of applicable Executive Orders. The United States acknowledges its requirements under Article 46. UCMJ, the Rules for Courts-Martial. and relevant case law. 2. Discovery Response. a. Discovery Request, paragraph I. RESPONSE: The United States will produce this information in accordance with its obligations under Rule for Courts-Martial 701 and Bradv v. b. Discovery Request. paragraph 2. RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The requested information is aggravating in nature and the United States will not use the information during trial. c. Discovery Request. paragraph 3. RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The requested information is aggravating in nature and the United States will not use the information during trial. (1. Discovery Request, paragraph 4. RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The requested information is aggravating in nature and the United States will not use the information during trial. e. Discovery Request. paragraph 5. UNCLASSIFIEDHFOR OFFICIAL USE ONLY UNCLASSIFIEDHFOR OFFICIAL USE ONLY ANJA-C SUBJECT: Response to Defense Request for Discovery of CIA Information, dated 19 July 2012 United States v. PFC Bradley Manning RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The requested information is aggravating in nature and the United States will not use the information during trial. f. Discovery Request, paragraph 6. RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The requested information is aggravating in nature and the United States will not use the information during trial. g. Discovery Request, paragraph 7. RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The Court previously approved the summary. which listed the component?s name. Additionally. with respect to the information referenced on page 4, a different component reviewed the information and provided input to the task force. 11. Discovery Request. paragraph 8. RESPONSE: The United States will not provide the requested information. The defense has failed to provide an adequate basis for its request. The requested information is aggravating in nature and the United States will not use the information during trial. i. Discovery Request. paragraph 9. RESPONSE: Absent the assessment identi?ed in the notice provided to the Court on 12 July 2012. there are no other assessments or follow-on reports. The United States understands its continuing obligation to provide discovery- 3. The point of contact is the undersigned. ASHDEN FEIN MAJ. .lA Trial Counsel 2 UNCLASSIFIEDHFOR OFFICIAL USE ONLY DEPARTMENT OF THE ARMY U.S. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FDFIT LESLEY J. DC 20319-5013 FIEPLV TD ATTENTION OF ANJACL 15 August 2012 MEMORANDUM FOR Defense Counsel SUBJECT: Disclosure of Records. United States Cyber Command (USCYBERCOM) United States v. PFC Bradlev Manning l. USCYBERCOM has agreed to voluntarily disclose its records that either involve investigation. damage assessment, or mitigation measures, or are otherwise material to the preparation of the defense, and that are classified up to the SECRET level to the defense, rather than make them available for inspection, on the express condition that the accused shall not be given access to the documents or the information contained therein. SE Military Rule of Evidence )1 see also Appellate Exhibit para. On 14 August 2012. the prosecution received approval to disclose these records to the defense, both from USCYBERCOM and all equity holders of information contained within such records. 2. Prior to releasing these records to the defense. all defense counsel shall sign, and return to the undersigned, the enclosure to this memorandum to acknowledge that the accused shall not be given access to the records or the information contained therein. Upon receipt of all acknowledgments, the prosecution will immediately disclose these records 00506685? 00508690} by sending them via FEDEX to the Naval War College and delivering a copy to the military defense counsel. 3. USCYBERCOM has also agreed to voluntarily make its records that either involve investigation, damage assessment, or mitigation measures, or are otherwise material to the preparation of the defense. and that are classified above the SECRET level or contain specialized control measures available to the defense for inspection. CYBERCOM gives temporary custody of these records to the prosecution. The prosecution is authorized to make the records available to the defense counsel and their security experts to inspect until the end of the court-martial. The defense counsel are only authorized access to inspect the records with their security experts present and in a Sensitive Compartmented Information Facility. The defense counsel and their experts are authorized to take notes, and those notes will be classi?ed at the same level as the records. All notes must be stored pursuant to the Court?s Protective Order, dated [6 March 2012. 4. The defense counsel and their experts are not authorized to share the information contained within the records or their notes with the accused. Prior to making these records available. to the defense for inspection, all defense counsel shall sign, and return to the undersigned. the enclosure to this memorandum to acknowledge that the. accosed shall not be given access to the records or the information contained therein. Upon receipt of all acknowledgments and at the ANJA-CL SUBJECT: Disclosure of Records, United States Cyber Command (USCYBERCOM) - United States v. PFC Bradlev Manning request of the defense, the prosecution will immediater make these records available for inspection (BATES numbers will be provided}. 'JgHuj??vmeE .IA Assistant Trial Counsel Enclosure Acknowledgement of Disclosure of Records, USCYBERCOM 01232 MEMORANDUM FOR Captain J. Hunter Whyte. 103 3rd Avenue SW, Building 32? Suite 100, Fort Lesley J. McNair, DC. 20319-2802 SUBJECT: Acknowledgement of Disclosure of Records, United States Cyber Command United States v. PFC Bradley Manning I hereby acknowledge receipt of the memorandum titled Disetosure of Records, USCYBERCOM, dated 15 August 2012. and agree not to disclose the USCYBERCOM records or the information contained therein to the accused. consistent with paragraph 3(l'll7) of Appellate Exhibit DEPARTMENT OF THE ARMY us. MILITARY DISTRICT oI= WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR. DC 20319-5013 To or ANJA-CL 27 July 2012 MEMORANDUM FOR Defense Counsel SUBJECT: Disclosure of Records, National Geospatial Intelligence Agency - United States v. PFC Bradlev Manning 1. The National Geospatial Intelligence Agency has agreed to voluntarily disclose its records relating to this case to the defense, rather than make them available for inspection, en the express condition that the accused shall not be given access to the documents or the information contained therein. See Military Rule of Evidence see also Appellate Exhibit para. Stilt?F). 2. Prior to releasing these records to the defense. all defense counsel shall sign. and return to the undersigned, the enclosure to this memorandum to acknowledge that the accused shall not be given access to the records or the information contained therein. 3. Upon receipt of all acknowledgments. the prosecution will immediately disclose these records (BATES 00449582?00449764). J. NTER CPT, JA Assistant Trial Counsel Enclosure Acknowledgement of Disclosure of Records, National Geospatial Intelligence Agency 01234 MEMORANDUM FOR Captain J. Hunter Whyte, 103 3rd Avenue SW, Building 32, Suite 100, Fort Lesley J. McNair, D.C. 203l9-2802 SUBJECT: Acknowledgement of Disclosure of Records. National Geospatial Intelligence Agency United States v. PFC Bradley Manning I hereby acknowledge receipt of the memorandum titled Disclosure quec-ords, National Geospntin! Intelligence Agency, dated 27' July 2012, and agree not to disclose the National Geospatial Intelligence Agency records (BATES 00449582-00449764) or the infonnation contained therein to the accused, consistent with paragraph of Appellate Exhibit DEPARTMENT OF THE ARMY us. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR, DC 20319-5013 REPLY TO ATTENTION OF ANJA-CL 22 June 2012 MEMORANDUM FOR Mr. David E. Coombs. Civilian Defense Counsel SUBJECT: Disclosure ot?lmpact Statement. Federal Bureau of Investigation United States v. PFC Bradley Manning 1. The Federal Bureau of Investigation (FBI) has agreed to voluntarily disclose its summarized impact statement to the defense in classi?ed discovery on the express condition that the accused shall not be given access to the document or the information contained therein. s9; Military Rule of Evidence 505(g}(1} and see also Appellate Exhibit para. The document is classi?ed SECRETHNOFORN. 2. If authorized by the court under MRE the prosecution will disclose the Court approved summarized document to the defense once all defense counsel sign and return the enclosure. Prior to releasing this document to the defense in classi?ed discovery. all defense counsel shall sign. and return to the prosecution? the enclosure to this memorandum to aelotowledge that the accused shall not be given access to the document or the information contained therein. ASHDEN FEIN MAJ. JA Trial Counsel Enclosure Acknowledgement of Disclosure of Impact Statement, FBI 01236 MEMORANDUM FOR Captain J. Hunter Whyte, 103 3rd Avenue SW. Building 32. Suite 100. Fort Lesley McNair, DC 20319-2802 SUBJECT: Acknowledgement of Disclosure of Impact Statement. Federal Bureau of Investigation United States V. PFC Bradley Manning I hereby acknowledge receipt ot?the memorandum titled Disetosure offmpaet Statement. Federni Bureau o/anestigan?on, dated 22 June 2012. and agree not to disclose the Federal Bureau of Investigation document or the information contained therein to the accused consistent with paragraph oprpellate Exhibit 01237 PRETRIAL ALLIED PAPERS PRETRIAL DELAYS DEPARTMENT OF THE ARMY us. ARMY MILITARY DISTRICT oF WASHINGTON 21o ASTREET FORT LESLEY J. DC 20319-5013 . .- REPLY TO Mun. r' ATTENTION OF ANJ A-C 3 February 2014 MEMORANDUM FOR RECORD SUBJECT: Reduction of Redundant Documents in Record of Trial United States v. PFC Bradley Manning 1. Many of the Appellate Exhibits (AE) and their enclosures contain documents which might otherwise be considered ?pretrial allied papers"; speci?cally, ?requests by counsel and action of the Con vening Authority taken thereon,? ?any other papers. endorsements, investigations which accompanied the charges when referred for trial,? and ?pretrial delays." Two speci?c motions that encompass these topics are AE 359 and AB 339. AE 259 and its enclosures is the Government?s Response to the Defense Motion to Dismiss for Unlawful Pretrial Punishment {Article 13). 5E Enclosure 1 (excerpt of enclosure list). AE 339 and its enclosures is the Government?s Response to the Defense Motion to Dismiss for Lack of Speedy Trial. gag Enclosure 2 (excerpt of enclosure list}. 2. With the concurrence of the Clerk?s of?ce at the Army Court ofCriminal Appeals. and because duplicating the enclosures would make a voluminous Record of Trial considerably more this of?ce did not purposer include additional copies of the enclosures to AB 259 and AE 339 when assembling the Record of Trial. -- 2 Encls CLA V. 1. Excerpt ofAE 259 2. Excerpt of AE 339 Paralegal (M 1 01239 UNITED STATES OF AMERICA v. Prosecution Response to Defense Motion to Dismiss Manning, Bradley E. for Unlawful Pretrial Punishment PFC, US. Army, HHC, US. Army Garrison, Joint Base Myer-Henderson Hall 17 August 2012 Fort Myer, Virginia 22211 RELIEF SOUGHT The United States respectfully requests that the Court deny the Defense Motion to Dismiss for Unlawful Pretrial Punishment (Defense Motion). BURDEN OF PERSUASION AND BURDEN OF PROOF As the moving party, the Defense bears the burden of persuasion and must prove any factual issues necessary to decide this motion by a preponderance of the evidence. See Manual for Courts-Martial (MCM), United States, Rule for Court-Martial (RCM) 905(c) (2012). The Defense bears the burden of establishing an entitlement to sentence credit because of a violation of Article 13. See United States v. King, 61 M.J. 225, 227 (C.A.A.F. 2005) (citing RCM The United States requests that the Court consider the listed enclosures and Charge Sheet. The United States may call the following witnesses to testify during the Article 13, UCMJ (Article 13) hearing: 1. CWO4 James Averhart, Brig Of?cer, Security Battalion, 29 July 2012 to 15 January 201 1 2. CWO2 Denise Barnes, Brig Of?cer, Security Battalion, 15 January 201 1 to Transfer to RCF (19 April 2011) Craig Blenis, Programs Chief, 29 July 2010 to Transfer to RCF CPT Joseph Casamatta, Commander, HHC, USAG, 29 July 2010 to 1 July 2012 Col Daniel Choike, Commander, MCBQ, 29 July 2010 to Transfer to RCF Jonathan Cline, Guard/Escort, during Incident on 18 January 2011 COL Carl Coffman, Commander, USAG, Ft Myer, 29 July 2010 to Present gt William Fuller, Admin Chief, 29 July 2010 to Transfer to RCF $999+? The nonbinding precedent cited by the Defense discusses the standard the Defense must meet to raise the issue, not decide the issue. See United States v. Scaralone, 52 MJ. 539, 543-44 (N-M. Ct. Crim. App. 1999) (citing United States v. Cordova, 42 C.M.R. 466 (A.C.M.R. 1970) (?To the issue [of a violation of Article 13], the burden is on the appellant to present evidence to support his claim of illegal pretrial punishment. Once an appellant successfully does that, the burden then shifts to the Government to present evidence to rebut the allegation ?beyond the point of . . . inconclusiveness.??) (emphasis added). Accordingly, the Defense, as the moving party, bears the burden to prove a factual matter by a preponderance of the evidence. See King, supra. APPELLATE EXHIBIT PAGE REFERENCED: PAGE OF PAGES 01240 CONCLUSION Navy Instructions, Brig SOP, and military case law vest discretion in the con?ning authorities to determine the conditions of a detainee?s con?nement to ensure his safety. The regulations speci?cally de?ne medical of?cers as advisers to the Brig commanding of?cers and only grant decision-making authority to medical of?cers in limited circumstances, such as decisions regarding quarantining detainees. The con?ning authorities considered many factors, to include, inter alia, the accused?s prior suicidal ideations, the recommendations of the medical of?cers, and the accused?s behavior, and repeatedly gave the accused an individualized determination regarding the conditions of his con?nement. The con?ning authorities reached reasonable conclusions in setting the conditions of the accused?s con?nement, and courts grant deference to those conclusions. Moreover, the conditions were related to legitimate government interests to include, inter alia, protecting national security and the accused?s safety. The accused?s con?nement was not more onerous than necessary. The accused is entitled to no more than seven days con?nement credit for the time he spent on SR after a recommended removing him from SR. Therefore, the accused?s con?nement did not otherwise violate Article 13 and the accused is not entitled to additional con?nement credit. For the foregoing reasons, the Government respectfully requests that the Court deny the Defense Motion. ALEXANDER S. VON ELTEN CPT, A Assistant Trial Counsel u. i? A EN FEIN A Trial Counsel Enclosures 1. Handling Instructions 2. Manning Behavior MFR 3. Mental Health Record 4. Article 15, dated 100517 5. AIR 6. SPC Schwab MFR and Statement 7. Kuwait Transfer Docs 8. Con?nement Order 9. Request for Monitoring of Communications 10. Mar Cof?nan Memo 45 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. Reply from Quantico for Monitoring Email from Mr. Coombs Acknowledgements Inmate Inprocessing Inmate Observation Report Use of Force Downing Memo Kuwait Barr MFR, dated 100729 Initial Classi?cation Inprocessing Forms Behavioral Health Evaluations Weekly Reports Averhart 16 Mar Response Reports Zelek Memo, dated 101228 Command Visits Choike memo, dated 110301 Choike Memo, dated 110408 Averhart Repsonse, dated 110124 Oltman Response Final Action by Assistant Secretary Garcia regarding Article 138 Boards Guard Statements, dated 1101 18 Incident Report (Webb), dated 110118 Averhart Response, dated 110316 Suicide Video, Pt 1.MOD Suicide Video, Pt 2.MOD Barnes Response, dated 110302 Galaviz Memo, dated 110223 Papakie Statement, dated 110302 Suicide Gown Incident Report Tweezer Incident Report Request to Reduce POI, dated 110121 Headset Receipt JRCF Flight Report CRF Attack.avi SECNAV Instruction 1640.9C Brig SOP, dated 100701 Audio, with Cover Sheet 46 01241 01242 UNITED STATES OF AMERICA v. Prosecution Response to Defense Motion to Dismiss Manning, Bradley E. for Lack of Speedy Trial PFC, US. Army, HHC, US Army Garrison, CORRECTED COPY #2 Joint Base Myer-Henderson Hall Fort Myer, Virginia 22211 16 November 2012 RELIEF SOUGHT COMES NOW the United States of America, by and through undersigned counsel, and respectfully requests that the Court deny the Defense Motion to Dismiss for Lack of Speedy Trial (Defense Motion). BURDEN OF PERSUASION AND BURDEN OF PROOF When the defense moves to dismiss for lack of speedy trial, the burden of persuasion shall be upon the prosecution. See Rule for Courts-Martial (RCM) United States v. Cook, 27 MJ. 212, 215 (C.M.A. 1988); United States v. Mt'zgala, 61 M.J. 122, 125 (C.A.A.F. 2005) (?Under Article 10, the government has the burden to show that the prosecution moved forward with reasonable diligence in response to a motion to dismiss?). The burden of proof on any factual issue the resolution of which is necessary to decide a motion shall be by a preponderance of the evidence. See RCM 905(c)(1). The prosecution requests that the Court consider witness testimony and the following enclosures to this response: Unclassi?ed Emails Classi?ed Emails Article 32 transcript, Mr. Troy Bettencourt Sworn Statement, Mr. Adrian Lamo Military Magistrate Pretrial Con?nement Review, 30 May 2010 Pretrial Con?nement Order, 29 May 2010 Original Charged Sheet Preferred, 5 July 2010 CID Report of Investigation, 1 1 June 2010 CID Report of Investigation, 23 June 2010 . Article 10 Memorandum, 20 November 2010 . Requests for Excludable Delay . Approvals of Excludable Delay . GCMCA Transfer of Jurisdiction, 28 July 2010 . Quantico Receipt of Inmate, 29 July 2010 . Accused?s Orders to Quantico, 28 July 2010 . GCMCA Release of Jurisdiction, 2 August 2010 APPELLATE: axing; 7; $9 PAGE REFERENCED: PAGE OF PAGES 17Proposed Meeting with Defense, 25 October 2011 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. Prosecution?s Request for FBI File, 15 August 201 1 Discovery Productions GCMCA Assumption of Command, 3 June 2011 Requests for Classi?cation Reviews Requests for Classi?cation Reviews (classi?ed) Defense Request for RCM 706 Delay, 26 August 2010 Requests for Approval of Disclosure Requests for Approval of Disclosure (classi?ed) Approvals of Disclosure Forensic Reports (classi?ed) Article 32 Investigating Of?cer?s Delay Recommendation, 12 August 2010 Accounting Memoranda of Excluded Delay Order for RCM 706 to Resume, 3 February 2011 RCM 706 Board Extension Requests Approval of Extension Requests RCM 706 Sanity Board Results, 22 April 2011 Memorandum, 22 October 2010 RCM 706 Order, 3 August 2010 Defense Request for Expert Consultant in Forensic 25 August 2010 Defense Request for Security Clearances, 2 September 2010 Protective Order for Classi?ed Information, 17 September 2010 GCMCA Protective Order, 28 July 2010 Appointment of Defense Security Expert, 17 September 2010 Preliminary Classi?cation Review Order, 17 September 2010 Defense Response to Preliminary Classi?cation Review Order, 28 September 2010 Superseding Preliminary Classi?cation Review Order, 22 September 2010 Appointment of Second Defense Security Expert, 12 October 2010 Defense Request for Preliminary Classi?cation Review, 21 October 201 1 Defense Request for Information Assurance Expert, 28 October 2010 Defense Request for Damage Assessments, 1 November 2010 Guidance to Preliminary Classi?cation Review, 10 November 2010 Preliminary Classi?cation Review Results, 13 December 2010 Prosecution Request for Security Clearance for Defense Team, 13 January 2011 Classi?cation Review, 15 December 2011 Prosecution?s Preservation Requests Prosecution?s Prudential Search Requests Prudential Search Requests (classi?ed) OGA Classi?cation Review (ManningB_00410623) (classi?ed) Requests to Review Damage Assessments Prosecution?s Ex Parte Statement of Due Diligence (classi?ed), 25 July 2012 MDW OPLAN BRAVO (?led under seal) DD Form 457, 11 January 2012 Article 32 Investigating Of?cer Exhibit 52, 11 January 2012 Special Instructions for Article 32 Investigating Of?cer, 16 November 2011 Calendar of Contested Periods for RCM 707 01243 01244 63. Notice of Referred Charge Sheet, 3 February 2012 64. Defense Request for Release from PTC under RCM 305(g), 13 January 2011 65. request for Quantico Documents, 20 January 2011 66. Response to RCM 305(g) Request, 21 January 2011 67. Response to RCM 305(g) Request, 18 March 2011 68. Defense Discovery Requests 69. Prosecution?s Responses to Defense Discovery Requests 70. Prudential Search Request (DHS), 25 October 2011 71. Defense Request for Additional Funding for Experts, 26 January 2012 72. CID Regulation (?led under seal) 73. Prudential Search Request (CYBERCOM), 3 July 2012 74. Defense Request to Compel and Produce Discovery 75. Combined Chat Logs (classi?ed) 76. Defense Acknowledge of Meeting with Prosecution on 8 November 2011, 25 October 2011 77. RCM 706 Emails 78. COL Coffman Emails 79. Article 32 Emails 80. Additional Documents for COL Cof?nan?s Testimony 81. Defense Emails FACTS On 9 January and 13 January 2011, the defense requested a speedy trial. The parties stipulate that the following days count towards the RCM 707 speedy trial clock: (1) 28 May 2010 to 11 July 2010 (45 days); (2) 16 December 2011 to 23 December 2011 (8 days); (3) 3 January 2012 to 6 January 2012 (4 days); (4) 9 January 2012 to 3 February 2012 (26 days); and (5) 23 February 2012 (1 day).1 The parties stipulate that these 84 days count towards the RCM 707 speedy trial clock. See Defense Motion, at 33. The parties stipulate that the period of delay between 11 August 2010 and 3 March 2011 was properly excluded under RCM 707(c). See Defense Motion, at 34. The parties dispute that the period of delay between the following dates was properly excluded under RCM 707(c): (1) 12 July 2010 to 10 August 2010; (2) 4 March 2011 to 15 December 2011; (3)24 December 2011 to 2 January 2012; (4)7 January 2012 to 8 January 2012; and (5) 3 February 2012 to 22 February 2012. See Defense Motion. I: INTRODUCTION 1 The facts for this response are consolidated into roughly ?ve different sections: (1) the accused?s arrest until his transfer to the brig at Marine Corps Base Quantico (hereina?er The defense provides that the speedy trial clock under RCM 707 began on 29 May 2010, the date of pretrial con?nement. The prosecution provides that the speedy trial clock began on 27 May 2010, the date of restraint. 01245 POST -REFERRAL ALLIED PAPERS DEPARTMENT OF THE ARMY LLS. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR, Dc 20319-5013 1 a REPLY To ATTENTION on: 3 February 2014 MEMORANDUM FOR RECORD SUBJECT: FTP Website Preservation - United States V. PFC BradleLManning On 3 February 2014, I accessed the HQDA File Transfer Protocol (FTP) website that was established for this case at A?er reviewing its contents, 1 took the enc103ed sereen shot to capture the contents of the website as it appeared to users. Enclosure 1. 1 then downloaded each individual ?le listed on Enclosure 1 and copied them on to the enclosed DVD. Enclosure 2. To the best ot?my knowledge, this informatioo is the same as it was when posted originally to the website. r'f? 2 Encls CL RE V. Ion-Na 1. Screen Shot, 3 Feb 14 SGT, U.S. Amok," 2. DVD Containing Digital Copy of Site Paralegal 922:. wctzumcumaau? 2.. .3 3.2.9.. unu.nau anon a ?mum? man? "n4 mu nu~.nuumm aslwluau Imuuyzumvnm noqwnxuw unhmu N?nw you A1 mn~-munmm wu-umu1m nuwunwumunm mama nu ?u~.mpnum u4wdunm dduhnhummnm muwmamua mm? manm HUG an ?n~.~unmm mp-muunm dcuhnmuuwnn mmumo m?nm nn~.4uucm wn-wuunm mm" wamm you a? nw?mo m?um uanRI u?uuguum prmw? w?nom m?nm and r? muu.uunomnuu ?Mu aunun mn?dam mama? mum? nm and r? mnn? ?Hon mum an mmUumm um nuapunnuv non unnuum unmouun o? unconnum unu?unuanw u? uujnununm wm.un >02 pu mmuumm nu nuuounnuv now nouou: magmas? up nauonnun unounn-nou on Am unsauuonm wmwawwoa u?nm he: rm unn.munmmuwmnuw huumnm um nun nonnuz munvumm up Human? haw on mhnmu?unm mpahmm?a rm" :02 r? ??u.rundmlaunun W?Uumm no nowadnn4h Ham an unnoanmm ?nua?nmnnu an AM ManununM wmuun man? bun r? #?uunm uo no? wunwumn nu uu Am munmuHU?m mmunu ?awn #03 r? nu nuanunnuh no? no?uun mucoumn on mnnunnmm unvunnm9nu up Jm unamuuonm anunhuna umuwn m?om pun nu unu.mundmuu nun h?ounm an on unconnum on an m?nm bu: ru wnvunm ?a noH canuu: on unnonnmm unv?nhubnw on Hm whnnudunm nm?mv?na mmnmo anew be: rn non nonuu: on unnonnum un ..nuhno no um un?nUJunm mmnum mHom >03 rt no non mnnmumu op unmannum unu?nHuhnw an um nanMmm rmhmo man? p02 rm huh. pr. Irl?rhiuruw cumncm: ?Tip. rr km?uu?n mnerdU?H autumn om HUD nu mvn.mHudum mm ouunuHMInn dunm rwwormna manm pun an m?u.n44uum nonuur Junm gun on mnu.nunu?m mar mumlur nunm mm manwm HUG mu gunn.m? u?nendm ?unnuucu m?uum .muu? mwum ?am pm mum.mmq?nun up unuuoz nu mun manna man? and r? xuou.nmn?nuu ou manna: nu nun udumn NHUN and w? nannJH cu nn4uo= nu mnuum mun ma?a? and rd uuou.uumumm mmu?muu up nu unnwm wanmm and r? um umuuo mason wmnn? m?nm pug w? Mun.ndunm Hmunm umpuunmu rmunm mHum Hum mm unn.n?una qumun- no nmum? wal minuun?w Hanan mauuohmq smugm naaw ?an an unu._mmnuuh xuomumnm_ an? ow unnoumum un nunmumnmamu mcu?v m?nm nu H?u..m Mnu nu 0w annoumwm unwh?uwhnm Uu ww?mbwma raudc Nana awn mu wvn.,w own4gnnluznnu mun. duo on unmounmm unmanuurom a? aunm;~dmamu panda manm nun nu una._uzunum won. a mun on unmounum unuanHuuon on 40am "mm?mHm panda u?um nun m? nun.?nz.u?& zuum=-_ an an a noumM1 up A auadaap man?s um: mJ mum..mnunnw :uuwzmw. unmnnuumuunuunu no on uncounum unvunuuaam an ?unwiumm?mn mwuwmww wmn?o manm uun mu unuun: unuaguutam-wu??mu wmuww m?mnh?m m?wm and r" Jpn.wm nu ?pom: umana p?n?n ?Han and r? I mu ?um op uhunurqund m?u?m nanm and r? non.um ouunouucm I Hanna: mu nud.nu uncounum pram: ?mom? monam mama and bu n?u.nuunm anvunumm noucunsmv nunm?ubm ?wu?d nun on nouu03-nmwan? mrrAmwwa mmunm ?ow 55% m? aunt: 32am? - . a . I Enclosure 2 to MFR, Subject: Website Preservation? dated 3 February 2014. This DVD is stored with the Original Record of Trial. IN THE UNITED STATES FIRST JUDICIAL CIRCUIT [L?s?l'l?lill OF v. MANNINH, Bradley IL. .Xl'mjt' Garrison Joint Ruse Mycr-llendersun Hall Fort Myer. Virginia 2.33? . . . . l. Haring familiariaed myself with the applicable laws. I understand that I have already received andfor may he the future recipient of information and documents which pertain to the national security of the United States and which are. the property of the United States. and that such information and documents. together with the methods of collecting such information, are classified accm?din to security standards set by the United States gorernment. 3. I agree that I shall never divulge. publish. or reveal. either by word. conduct. or any other means. such classified information or documents unless speci?cally authorized in writing to do so by an authorized representative of the United States goremment. or as authorized by the Court pursuant to Military Rule of Evidence. 505 or the Protective Order entered in the ahoye? captioned case. or as otherwise ordered by the Court. I agree that this h-lemorandum of Understanding and any other nondisclosure agreement signed by me in eiutnection with this case will remain forever binding upon me. 4. have received. read. and understand the Prtgatectiye Order entered by the First Judicial Circuit in the case. and I agree to comply with the proyisions contained therein. 5. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. infm'matitm. and belief. Name: Date and Place of Birth; (signature! Date: IN THE UNITED STATES ARMY FIRST JUDICIA UNITE MEMORA NDI OF UNDERSTANDING MANNING. Bradley [in US. .?irmv Harrison ,lnint ?use .?iIver-Henderson Iii-Ill Hirer. Virginia 232] I l. Havin familiarize-d myself with the applicable laws. I understand that have already received and/or may he the future recipient of information and documents which pertain to the national securin of the United States and which are the propenv of the United States. and that such information and documents. together with the methods of collecting such information. are classified according to sec. uritjr standards set by the United States government. b- means. such classified or documents unless specifically authorized in writing to do so by an authorized representative of the United States govemment. or as authorized by the Court pursuant to Military Rule of Evidence (MRE) 505 or the Protective. Order entered in the above? captioned case. or as othenvise ordered by the Court. "t 1 agree that I shall never divulge. publish, or reveal. either by word. conduct. or an}: other 3. I agree that this Memorandum of Understanding and anv other nondisclosure. agreement signed hf; me in connection with this case will remain forever binding upon me. 4. have received. read. and understand the Protective Order entered hf; the First Judicial Circuit in the shove captioned case. and I agree to comply with the provisions contained therein. 5. I decline under penalty of perjury under the laws of the United States that the foregoing is true and correct to the hest of my information. and belief. Name: l/Iq Date and Place tit" Birth; ..II a - (swine/titre) Date: lie IN THE UNITED STATES ARMY FIRST JUDICIAL CIRCUIT UNITED STATES MEMORANDUM OF UNDERSTANDING MANNING, Bradley 15.. PFC HHC, US. Army Garrison Joint Base MyervHendersun Hall Fort Myer, Virginia 2221! 1. Having familiarized myself with the applicable laws. I understand that i have already received andfor may be the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States, and that such information and documents, together with the methods of collecting such information. are classified according to security standards set by the United States government. 2. I agree that I shall never divulge, publish, or reveal, either by word, conduct. or any other means. such classified information or documents unless specifically authorized in writing to do so by an authorized representative of the United States government. or as authorized by the Com pursuant to Military Rule of Evidence 505 or the Protective Order entered in the above- captioncd case, or as otherwise ordered by the Court, 1. I agree that this Memorandum of Understanding and any other nondisclosure agreement signed by me in connection with this case will remain forever binding upon me. 4. I have receive-(L read, and understand the Protective Order entered by the First Judicial Circuit in the above-captioned case. and I agree to comply with the provisions contained therein. 5. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best ofmy knowledge, information, and belief. I Ntune: 1. anew-tax: H- l?iu ?rng {Signature} Dale: Man/31c??! IN Till: UNITED STATES FEST JI CIRCUIT l'f?Ti'T'l) STATES l' SIORX ND UM OF UNDERSTANDING Bradley PFC ii I if?. 1155. Amer: Garrison joint Bate Myer?Henderson Hall Fa." Myer, 2221] l. Haring tamiliarized myself with the applicable laws, I understand that I hat-e already received andi?or may be the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States. and that such information and documents. together with the methods of collecting such information. are classified according to security standards set by the United States got'enitnent. .1. I agree that nitall net-er divulge. publish, or reveal, either by word conduct, or an 3' other means. such classified information or documents unless Specifically authorized in writing to do so by an authorized representative of the United States government. or as: authorized by the ourt pursuant to lilihtary Rule of Evidence 505 or the Protective Order entered in the above- cantiened case, or as otherwise ordered by the Court, 3. I agree that this Memorandum of Understanding and an}; other nondisclosure agreement signed by me in connection with this case will remain forever binding upon me 4. have received, read? and undervtand the Protective Order entered by the First Judicial Circuit in the ahot'e-captioned case. and I agree to comply with the provisions contained therein 5.. I declare under penalty of perjury under the laws of the United States that the foregoing, is true and Correct to the heat of in}; knowledge. inferination, and belief. Name: at; Ci) Date and Place of Birth: oan/ (signature) I. Date: ca7 IN THE UNITED STATES ARIVIY FIRST JUDICIAL CIRCUIT IiNl'l?lCD H'I?A'l?lih' NDUM I 11.3 NNING. Braille} IL, l?Ft' IllIt?J'?. ?trmt Harrison Joint liaise Flier?Henderson Hall Fort Myer. Virginia 32211 . I. Haring farniliarized myself with the applicable laws, I understand that I have already received andr?or may he the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States. and that such information and documents, together with the methods ofcollecting such information, are classified according to security standards set by the United States government. 2. I agree that I shall never divulge, publish. or reveal, either by word, conduct, or any other means. such classified information or documents unless specifically authorized in writing to do so by an authorized representative of the United States government. or as authorized by the Court pursuant to Military Rule of Evidence (MREJ 505 or the Protectire Orderentered in the chore- captioned case. or as othem'ise ordered hr the Court. 1 I agree that this Memorandum of Understanding and any other nondisclosure agreement signed hf." me in connection with this case will remain forever binding upon me. -I. have received. read. and understand the Protectii Order entered by the First Judicial Circuit in the aIJot'eecaptioned case, and I agree to comply with the provisions contained therein. 5. Ideclare under penalty ofperjiur'jr under the laws of the United States that the foregoing is true and correct to the best of my knowledge. information. and helief. .1 Name: I Date and Place of Birth: {signature} Date: ,5 (/52 2 IN THE UNITED STATES ARMY FIRST J'T'l'llCIi??xl. CIRCUIT UNITED STATES MIHORANDUM 01*? MANNING, Bradley P. PFC Army Garrison Joint Base Myer-Henderson llall Fort Myer, Virginia 32211 hv-gw'w'hiHU 1. Having fainiliarized myself with the applicable laws. I understand that have already received and/or may he the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States, and that such information and documents. together with the methods of collecting such information, are classified according to security standards set by the United States govemment. 2. I agree that I shall never divulge. publish, or reveal, either by word, conduct, or any other means, sUCh classified information or documents unless Speci?cally authorized in writing to do so by an authorized representative of the United States government. or as authoriaed by the Court pursuant to Military Rule of Evidence (MRE) 505 or the Protective Order entered in the above- captioned case, or as otherwise ordered by the Court: 3. I agree that this I?vlemorandunt of Understanding and any other nondisclosure agreement signed by me in connection with this case will remain forever binding ttpon me. 4. have received, read. and understand the Protective Order entered by the First Judicial Circuit in the above?captioned ease. and I agree to comply with the provisions contained therein. 5. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. information, and belief. Name: Date and Place of Birth: (signature) .v .- I IN THE UNITED STATES ARMY FIRST JUDICIAL CIRCUIT UNITED STATES MEMORANDUM OF v. UNDERSTANDING MANNING, Bradley 8., PFC HHC, US. Army Garrison Joint Base Myer-Henderson Hall Fort Myer, Virginia 22211 3' I. Having familiarized myself with the applicable Iaws, I understand that I have already received andfor may be the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States. and that such information and documents. together with the methods of collecting such information. are classi?ed according to security standards set by the United States government. 2. I agree that I shall never divulge, publish. or reveal, either by word. conduct, or any other means, such classi?ed information or documents unless speci?cally authorized in writing to do so by an authorized representative of the United States government. Or as authorized by the Court pursuant to Military Rule of Evidence (MRE) 505 or the Protective Order entered in the above- captioncd case. or as otherwise ordered by the Court, 3. I agree that this Memorandum of Understanding and any other nondisclosure agreement signed by me in connection with this case will remain forever binding upon me. 4. I have received, read, and understand the Protective Order entered by the First Judicial Circuit in the above-captioned case. and I agree to comply with the provisions contained therein 5. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information, and belief. r"v . Name: it I 1.2" (signature) 2m .1 - . Date: 1'1" as: .I IN TI IE INITED STATES ARMY FIRST (?Iltt?l II Hill) SIC-HTS MEMORANDIIM .t I MANNING, Bradley PFC L154. Army Garrison I Joint ane Myer-Hendersnn ?all 1 Fort Myer, Virginia 33311 1. Elm in; fttmilinri/ed myself with the laws. I understand that I have tlII'C'ttLIj-' may he the future recipient nt' and documents which pertain tn the helium] security of the [Tititetl States and which are the property of the Ifnlted States. and that sneh ?dI't'tI together with the Ul- eelleeting sneh are classified neeurding tn seenritjr standards set by the United States gin-eminent. 2. I agree that I shut] net er tlit'ttlge publish. er ret'ertl. either by nr an} other means. such classified er dneuntents unless specilienll}. nuthnrixeti tn writing In do so ht an of the t'ititetl Suites gtlt'et'mnent. nr its b3? the L?uttrt pursuant In Military Rule Et'itlenee 505 ur the Pt'uteetit?e Urder entered in the :tlmt'e captioned ease. or as nthem ise ortieretl h} the (hurt. 3. I agree that this nt' and tin} ntlter agreement signed h} the in with this ease. will remain t'eret'er binding upon 4. rend. understand the I?rntcetit'e t'thler enteretl hy the First .ItltIlL?ltil (insult in the L't'hL?. 1 agree to with the prm'isintts therein 5. I tleelure under penalty of perjury under the ut' the United States the litregnittg is true tint] eurreet ID the best nt? in timnntinn. and l?eliet'. i If In .?s'tnne: Lil-little) ng?E/tu?i/ tilitl IllittJC K. I signature Ihte; A IN THE UNITED STATES FIRST JUDICIAL CIRCUIT UNITED STATES .?rl A (J v. UNDERSTANDING MANNING, Bradley 5., PFC HHC, Army Garrison Joint Base Myer-Henderson Hall Fort Myer, Virginia 2221! Having familiarized myself with the applicable laws, I understand that] have already received andlor may be the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States, and that such information and documents, together with the methods of collecting such information, are classified according to security standards set by the United States government. 2. I agree that I shall never divulge, publish, or reveal. either by word, conduct, or any other means, such classified information or documents unless speci?cally authorized in writing to do so by an authorized representative of the United States government, or as authorized by the Court pursuant to Military Rule of Evidence 505 or the Protective Order entered in the above? captioned case, or as otherwise ordered by the Court, 3. I agree that this Memorandum of Understanding and any other nondisclosure agreement signed by me in connection with this case will remain forever binding upon me. 4. I have received, read, and understand the Protective Order entered by the First Judicial Circuit in the above~captioned case, and I agree to comply with the provisions contained therein. 5. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information. and belief. Name: fest/191W] Date and Place of Birth: "r $51 gnaturelr IN THE UNITED ARMY FIRST CIRCUIT STATES I 01? v. I MANNING, Bradley It, PFC 1 Army Garrison Juint Base Myer?Henderson Hall 1 Flirt 111319.31 Virginia 3'22] I 1. Having, myself with the applicable laws. I that I have may he the future reeipient nt' information and which pertain to the national security at the United Staten and which are the property of the United States. and that run-h information and documents. together with the methods tif etilleeting nueh information. are ela?sitied tieenrtling 10 Security standards set by the United Staten gtn'ernment 2. I agree that I shat] net-er divulge. ?.ir rex'ettl. either by werti. enntIuet. ur an} ether meanx. sueh elttx?il'ietl nr unless specifically :iuthtirized in writing; tn th- at: by an t'eprexentatii'e at the United Staten gm eminent. nr tit-i tiutlttirtretl the {hurt pursuant to Military Rule. UI [it'idenee tMRIii ?lt? nr the entered in the amine. etiptinned L?ithL?. iir ?t-Ih' UlilUl'WliiL' nrdered h} the (Itiurt. 1. I agree that IltlH nt' anti Ett?tji' tither agreement \ieneti ti} me in et'tnnet'tinn with thin ear-ac will remain t'ht'et'et? binding upon me. 4. I have received. read. and understand the Hitter entered by the First .Itulietnt fir-gun It] the JIJove-etiptiuned euxe. and I agree to with the ['tl'tl?t IHIUHS contained therein. 5. I declare under penalty tit" perjury under the lam; til the United States that the teregeing iw true correct to the hen! of my knuwietlge. itti'tirmtitiun. and belief Nume Dine and Place DI Rirth' {Signaturet Date: I IN THE UNITED STATES ARMY FIRST JUDICIAL CIRCUIT UNITED STATES MEMORANDUM OF v. UNDERSTANDING MANNING, Bradley E., PFC HC, US. Army Garrison Joint Base IVIyer-Henderson Hall Fort Myer, Virginia 2221] 1. Having familiarized myself with the applicable laws, I understand that I have already received andlor may be the future recipient of information and documents which pertain to the national security of the United States and which are the property of the United States, and that such information and documents, together with the methods of collecting such information, are classified according to security standards set by the United States government. 2. I agree that I shall never divulge, publish, or reveal, either by word, conduct, or any other means, such classified information or documents unless specifically authorized in writing to do so by an authorized representative of the United States government, or as authorized by the Court pursuant to Military Rule of Evidence (MRE) 505 or the Protective Order entered in the above? captioned case, or as otherwise ordered by the Court, 3. I agree that this Memorandum of Understanding and any other nondisclosure agreement signed by me in connection with this case will remain forever binding Upon me. 4. I have received, read, and understand the Protective Order entered by the First Judicial Circuit in the above-captioned case, and I agree to comply with the provisions contained therein. 5. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information, and belief. Patrick Armistead-Jehle. Concussion Clinic Munson Army Health Center Name: r? fer? 2433 :jg/a t' (signat?ii/re) 3? Jr, :2 Date: 01260 UNITED STATES OF AMERICA Prosecution Notice of Intent V. to Present Evidence of Manning, Bradley E. Other Crimes, Wrongs, or Acts PFC, U.S. Army, HHC, US. Army Garrison, Joint Base Myer-Henderson Hall Fort Myer, Virginia 22211 6 April 2012 wvv?u?rvvku?z 1. Military Rule of Evidence (MRE) 404(b) requires the prosecution to provide reasonable notice of the general nature of other crimes, wrongs, or acts that the prosecution may use for a purpose other than character, such as proofof motive, opportunity, intent, preparatiOn, plan, knowledge. identity. or absence of mistake or accident, upon the request of defense. 2. The prosecution may present evidence of the following other crimes, wrongs, or acts: a. The accused falsifying his SF86 to receive his security clearance; b. The accused?s violations of operations security and information security regulations before his deployment, such as during AIT which led to his corrective training; c. The accused?s stabbing of another Soldier with a pencil; d. The accused?s disloyal statements to SPC Showman; e. The accused?s conduct resulting in and following his counseling sessions prior to deployment; f. The accused "s disclosure ofclassi?ed to Mr. Adrian Lamo via chat; g. The accused's compromise of other government closely held or classi?ed information as found in the forensic reports, such as the Rules of Engagement, the C3 document. and the NCIS document: h. The accused?s disclosure ot'elassi?ed documents from the charged databases that are not the documents charged in Speci?cations 5, 7, 9, and I3 ofCharge ll; i. The accused's violations of operations security and information security regulations during the deployment, including communicating other government closely held or classi?ed information to those without clearances and downloading information ?om SIPRNET and removing it from the SCIF for unof?cial purposes; j. The accused?s conduct resulting in and following his counseling sessions during deployment; k. The accused?s assault consummated by battery of SPC Showman; and l. The accused's assault consummated by battery at the JRCF in Fort Leavenworth. 3. The prosecution will notify the defense of any additions to this notice and understands that this is a continuing obligation. Jar, ANGEL OVERGAARD PT. JA Assistant Trial Counsel .2 I certify that I served or caused to be served a true copy of the above on Defense Counsel, via electronic mail, on 6 April 2012- ?if? ANGEL OVERGAARD CPT. JA Assistant Trial Counsel la.) 01262 UNITED STATES OF AMERICA v. Prosecution?s Response to Court's Email Questions Manning, Bradley E. dated 21 March 2012 PFC, US. Army, HHC, U.S. Army Garrison, Joint Base Myer-Henderson Hal] Fort Myer, Virginia 22211 22 March 2012 Below are the answers to the Court's questions regarding each of the requested damage assessments. 1s each in the possession, custody, or control of military authorities? Defense Intelligence Agencv and the Information Review Task Force - Yes. the classi?ed document itself is in the possession of military authorities however, the document contains material from other Agencies and Departments outside the control of military authorities. The military controls the document itself. but not all the information within its four corners. Wikileaks Task Force No. Department of State (DOS) - DOS has not completed a damage assessment. Of?ce of the National Counterintelligence Executive - ONCIX has not produced any interim or final damage assessments in this matter. 2. If no, what agency has custody of each of the damage assessments? - The Central Intelligence Agency has possession, custody, and control. 3. Does the Prosecution have access to the damage assessments? DIA and - The prosecution was given limited access for the purpose of reviewing for any discoverable material. The prosecution only has control of the information within the document that is owned by the Department of Defense (military authority). WTF - The prosecution was given very limited access for the purpose of reviewing for preparation of the previous motions hearing. The prosecution will have future access to complete a full review for Brady material, as outlined below. 4. Has the Prosecution examined each of the damage assessments for Brady material? DIA and - Yes. - No. a. If yes, is there any favorable material? DIA and - Yes; however, the United States has only found classi?ed information that is "favorable to [the] accused that is punishment." Cone v. Bell, 129 1769. 1772 (2009); see also Brady v. [\rla_r_vland1 373 US. 83, 37 (1973). The United States has n_ot found any favorable material relevant to ?ndings. b. If no, why not? - The prosecution has only conducted a cursory review of the damage assessment in order to understand what information exists within the Agency, and has not conducted a detailed review for Brady material. This process is ongoing and the prosecution will produce all ?evidence favorable to [the] accused that is material to guilt or to punishment?" if it exists, under the procedures outlined in MRE 505. Cone v. Bell, 129 at 1772; see also Bradv v. Marvland, 373 US. at 87. Additionally, the United States is concurrently working with other Federal Organizations which we have a good faith basis to believe may possess damage assessments or impact statements, and will make such discoverable information available to the defense under MRE 505. ?t x" ASHDEN FEIN CPT, JA Trial Counsel is) DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT oF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR, Dc 20319-5013 T0 F: ANJA-CL 29 March 2012 MEMORANDUM THRU My?, Stafl?Judge Advocat?rm; Military District of Washington 210 A Street, Fort Lesley McNair. DC 20319 Of?ce of the Judge Advocate General (DAJA-IOML David Mayfield), 2200 Army Pentagon, Washington, DC. 20310 FOR Deputy Chief of Staff for Intelligence 2200 Army Pentagon Washington DC 20310 SUBJECT: Request to Provide DOD Personnel Access to Classi?ed Information United States v. PFC Bradley: Manning 1. The prosecution in the above-referenced case requests that the active duty service member listed below be granted the appropriate security clearance and access to classi?ed information up to the TOP SECRET (Sensitive Compartmented Information} level to include the compartments SI, TK. HCS. and G. This individual needs such access to assist the prosecution and participate in all future court-martial proceedings. 1LT Alexander Steven vonElten.? 2. The above list is not all?inclusive. Throughout the court-martial process, there will likely be additions and subtractions, which will require adjustments to the personnel?s access. Any subtractions will be submitted immediately. 3. The point of contact for this request is the undersigned at - .1- FASHDEN FEIN MAJ. JA Trial Counsel DEPARTMENT OF THE ARMY US. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FOFIT LESLEY J. MOHAIR, DC 20319-5013 . FIEPLV TD arrest-non or ANJACL 4 April MEMORANDUM THRU Staffludge Advocate?. Army Military District of Washington (ANJA), 210 A Street, Fort Lesley J. McNair, DC 20319 W4 6 Apr Of?ce of the Judge Advocate r. avid May?eld), 2200 Army Pentagon, Washington, DC 20310 41be ILII (silentl? FOR Depot}:r Chief of Staff for ntelli ce 2200 Army Pentagon, Washington, DC 20310 SUBJECT: Request for Limited Defense Access to SIPRNET United States v. PFC Bradlct- Mannina . REQUEST. The prosecution in the above-named case requests Ms. Socorro Robillard, Information Security Specialist. Naval War College be granted access to SIPRNET, outside of her normal duties with the US Navy, for the limited purpose of communicating, on behalf ofthe defense team, with the militaryjudge, court information security officer, and prosecution. 2. BACKGROUND. This court?martial involves volumes of classified information and the military judge directed the prosecution and defense to develop a filing process for unclassi?ed and classified documents. For courts-martial that do not contain classified information. the court and parties communicate via unclassi?ed email, which includes the submission of court documents. Based on the volume of classi?ed information and the classi?ed nature of entities involved. the prosecution must develop a process that allows for limited communications and submission of classi?ed document to protect classi?ed information. Additionally, Mr. David Coomhs, Civilian Defense Counsel. is located in Providence, Rhode Island and does not have readily accessible US Army government facilities to access classi?ed information. 3. ACCESS TO CLASSIFIED INFORMATIONHNFORMATION SYSTEMS. The prosecution requests that you authorize Ms. Robillard access to the SIPRNET for the LIMITED purpose ofsubmitting these court ?lings and communicating with the court, if necessary. Ms. Rohillard will use her regular duty SIPRNET terminals to submit these emails and documents, and will he required to create a separate email file to hold all court?related emails. 4. The point of contact for this memorandum the undersigned at ASHDEN Fan MAJ, 1A Trial Counsel DEPARTMENT OF THE ARMY U.S. ARMY DISTRICT OF WASHINGTON 210 A STREET 11' PORT LESLEY J. MOHAIR. DC 20319-5013 n15er TO anemone or ANJA-CL 4 April 2012 31L MEMORANDUM THRU Staff Judge Army Military District of Washington 2 0 A Street. Fort Lesley J. McNair. DC 203?? Of?ce of the Judge Advocate General David May?eld). 2200 Army Pentagon. Washington. DC 203l0 FOR Deputy Chief of Staff for Intelligence (DAMI-ZB). 2200 Army Pentagon. Washington. DC 20310 SUBJECT: Request for Limited Defense Access to SIPRNET United States v. PFC Bradley Manning l- REQUEST. The prosecution in the above~named case requests Ms. Socorro Rohillard. Information Security Specialist. Naval War College be granted access to SIPRNET. outside of her normal duties with the US Navy. for the limited purpose of communicating. on behalfof the defense team. with the military judge. court information security of?cer. and prosecution. 2. BACKGROUND. This court-martial involves volumes ofclassi?ed information and the military judge directed the prosecution and defense to develop a ?ling process for unclassi?ed and classi?ed documents. For courts-martial that do not contain classi?ed information, the court and parties communicate via unclassi?ed email. which includes the submission of court documents. Based on the volume of classi?ed information and the classi?ed nature of entities involved. the prosecution must develop a process that allows for limited communications and submission of classi?ed document to protect classi?ed information. Additionally. Mr. David Coombs. Civilian Defense Counsel. is located in Providence. Rhode Island and does not have readily accessible US Army government facilities to access classi?ed information. 3. ACCESS TO CLASSIFIED INF ORMATIONIINF ORMATION SYSTEMS. The prosecution requests that you authorize Ms. Rohillard access to the SIPRNET for the LIMITED purpose of submitting these count ?lings and communicating with the court. if necessary. Ms. Robillard will use her regular duty SIPRNET terminals to submit these emails and documents. and will be required to create a separate email ?le to hold all court-related emails. 4. The point of contact for this memorandum the undersigned at rt AJSHDEN FEIN MAJ. JA Trial Counsel DEPARTMENT OF THE ARMY u.s. ARMY MILITARY OF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR, no 203195013 REP LY TU ATTENTION OF ANJA-CL MEMORANDUM THRU a? StaffJudge Advo e. US. Army Military District of Washington (AMA). 210 A Street, Fort Lesleyr J. McNair, DC 20319 Office ofthc Judge Advocate General David May field), 2200 Army Pentagon. Washington, DC 20310 29 May FOR Deputy Chief of Staff for Intelligence (DAMI-ZB), 2200 Army Pentagon. Washington. DC 20310 SU BJECT: Request to Provide Personnel Access to Classi?ed Information US. v. PFC Bradleyr E. Manning I. The prosecution in the case v. PFC Bradlev E. Manning requests that the additional active duty service members be granted the appropriate security clearances and access to classi?ed information up to the TOP SECRET (Sensitive Compartmented Information) level to include the compartments Sl, TK, HC3, and G. These individuals need such access to assist either the prosecution or the defense. and to participate all future court-martial proceedings. a. Prosecution Team None. b. Defense Team MAJ Thomas Hurley MAJ Matthew Kemk CPT Paul Bouchard. 2. The above list is not all~inclusive. Throughout the court-martial process, there will likely be additions and subtractions, which will require adjustments to the personnel?s access. Any subtractions will be submitted immediately. 3. The point of contact for this request is the undersigned at - MAJ. JA Trial Counsel DEPARTMENT OF THE ARMY us. ARMY DISTRICT or WASHINGTON 210 A STREET FOFIT LESLEY a. MCNAIFI. no 20319-5013 REPLY TO ATT ENTIDN OF 27 June 2013 MEMORANDUM THRU Office of the Judge Advocate General David May?eld). 2200 Army Pentagon, Washington, DC 203 10 FOR Deputy Chief of Staff for Intelligence 2200 Army Pentagon. Washington, DC 20310 SUBJECT: Request to Provide Personnel Access to Classified Information US. v. PFC Bradley E. Mannine I. The prosecution in the case of US. v. PFC Bradle},r E. Manning requests that the additional active duty service members be granted the appropriate security clearances and access to Classi?ed information up to the TOP SECRET [Sensitive Compat'trnented Information} level to include the compartments SI. TK. HCS, and 0. These individuals need such access to assist either the prosecution or the. defense. and to participate at] future court-martial proceedings. a. Prosecution Team CPT Katherine Diet?enbach. in. Defense Team No Changes 2. The above list is not all-inclusive. Throughout the court-martial process. there will liker be additions and subtractions. which will require adjustments to the personnel?s access. Any subtractions will he submitted immediater 3. The ioint ofeontact for this request is the undersigned at - I Ill AEHDEN FEIN MAJ. JA Trial Counsel DD FORM 2501 RECEIPT zap/oz (Of?ce symbol) (Date) ?rm acknowledge receipt of DD Form 2501 5? and my responsibilities as a courier (see briefing below). {Signanire of gdurler) Courier Brie?ng 1. As a courier of classi?ed information, I acknowledge I am responsible for insuring the integrity of the material at all times, speci?cally: a. I will keep the material in my possession at all times. b. I will not read, diaplay, or use the material in any manner during transportation. c. I will use the most direct route to my destination. d. I will immediately report security incidents to (Intelligence and Security) at 301- 677-3400. 2. I am required to have in my possession an identi?cation card, or picture security badge, and written authorization to hand carry classi?ed information, DD Form 2501 or other authorization). 3. I understand that the DD Form 2501 is valid for hand carrying within the National Capital Region only. Travel to location outside of the National Capital Region require an additional courier authorization letter for each individual per trip. DD FORM 2501 RECEIPT H. (Of?ce Symbol] ?(Datelu F- ii-?l?g acknowledge receipt of DD Form 2501 ?45 wing?q and my reSponsibilities as a courier (see brie?ng below). c?lx-WJ 3- 4% (Signature ofCouner) LJ Courier Brie?ng 1. As a courier of classi?ed information, I acknowledge I am responsible for insuring the integrity of the material at all times, specifically: a. I will keep the material in my possession at all times. b. I will not read, display, or use the material in any manner during transportation. c. I will use the most direct route to my destination. d. 1 will immediately report security incidents to (Intelligence and Security) at 301- 677-3400. 2. I am required to have in my possession an identi?cation card, or picture security badge, and written authorization to hand carry classi?ed information, DD Form 2501 or other authorization). 3. I understand that the DD Form 2501 is valid for hand carrying within the National Capital Region only. Travel to location outside of the National Capital Region will require an additional courier authorization letter for each individual per trip. DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT OF WASHINGTON 210 A STREET FonT LESLEY J. MOHAIR. DC 20319-5013 . REPLY To ATTENTION or ANJA 31 July 2012 MEMORANDUM FOR US. Army Military District of Washington. 103 Third Avenue. Fort Lesley J. McNair! DC 203196013 SUBJECT: Request for Retention after Term of Service, PFC Bradlev E. ManningtM5-98-9504} 1. AR 635-200, paragraph 1-22, I request PFC Manning be retained after his term of service has expired until the earlier of ?nal disposition of the court-martial charges referred against him to a General Court-Martial on 3 February 2012. or I October 2013. PFC Manning has been charged with downloading various classi?ed documents. photographs, and videos from Secret Internet Protocol Router Network (SIPRNET) websites and transferring them to his personal computer; and transmitting this information to persons or organizations not entitled to receive it, in violation of United States law. The General Court- Martial Convening Authority referred PFC Manning to a General Court-Martial for his alleged misconduct and PFC Manning is currently in pre-trial confinement awaiting final disposition of the court?martial charges referred against him on 3 February 2012. 3. The point of contact for this memorandum is MAJ Ashden Fein at? Encls BRIAN A. HUGHES 1. DD Form 458 LTC. JA 2. DA Form 268 Acting Staff Judge Advocate REPORT TO SUSPEND FAVORABLE PERSONNEL ACTIONS (FLAG) For ua-a ol mla lam, sea mam; ma proponent agarqr Is BBS. SECTION I- ADMINISTRATIVE DATA 3. RANK PFC 1. NAME (Last. ?rst. 2. $er Manning, Bradley a] 0n duty Not on sum duty 7 0n hm RD 6. UNIT ASSIGNED AND ARMY MAJOR COMMAND HHC, USAG, FORT MYER, VA 222] I STATION (Gaogmp?caI ?003!an Arlington, VA 3. P36 CONTROLLING FLAGGIHG AND NUMBER FORT MYER MP1), 9. TLIIS ACTION IS TO gb Eimlnamn Judd Iri-Halad Rama] mam aeIec?un - Enid mined (CI Refurmd OER Sauu'?y ?ma?a-?1 HEIDP. use: only - aln?mm or remain: I'mm seleuion Ital mm a ?ag Transiar a ?ag i7 Remove flag I (Bedlam and Vomyj (Sections Juana any; (Sections and 'v'onfy) SECTION II - INITIATE A FLAG A FLAG I5 .mnm?ED. EFFECTNE 5 MAY 2010 FOR THE FOLLOWING REASON: TRANSFERABLF. 3 Athena mum my APFT faIIura (J1: ?Melght comm-II SECTION TRANSFER A FLAG 1'1. 3 Suwo'rlng documb attached? A FI AG IS TRANSFERHJ FOR THE FOLLOWING REASON: Amara!- action - 4610A dream: reassignmunl (G) Mama aclmn - phase Ya: I No Warm control prop-urn SECTION IV - REMOVE A FLAG 12' AFLAG I5 REMOVED. EFFECTIVE FOR THE FOLLOWING FIFASUN: Gaye closed lam my Satcmr Imnsfarrad to a airman: Armv mpmam {r {mammal Milo case In [arm {destroy 0530 Disoban action lam Omar Mal adlun SECTION - AUTHENTICATION ULSTRIBUTION 1- Uni Commander 1- I-MD 1 - PEG 1 - Gmmander. gamma un'rl (transfer ?ag may} NAME. RANK. TITLE. AND SIGNATURE DATE Renews JOSEPH M. CPT, LG, Commande as DA FORM 263, JUN 1957 EEIITIEIN DF 1 AFC PE V3.0CES DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT OF WASHINGTON 21s A STREET FORT LESLEY J. MCNAIR. cc 20319-5013 REPLY TO ATTENTION OF ANJA-CL 2 November 20D MEMORANDUM THRU Of?ce of the Judge Advocate General David May?eld). 3200 Army Pentagon. Washington. DC 20310 FOR Deputy Chief oI?Staff for Intelligence 2200 Army Pentagon. Washington. DC 20310 SUBJECT: Request to Provide Personnel Access to Classi?ed Information US. v. PFC Bradley E. Manning 1. The prosecution in the case of U.S. v. PFC Bradley E. Manning requests that the additional active duty service members be granted the appropriate security clearances and access to classified information up to the TOP SECRET {Sensitive Compartmented Information) level to include the compartments SI. TK. HCS. and G. These individuals need such access to assist either the prosecution or the defense. and to participate all future court-martial proceedings. a. Eroseculion Team CPT Katherine Mitroka. - I- 1). Defense Team No Changes 2. The above list is not all-inclusive. Throughout the court-martial process. there will liker be additions and subtractions. which will require adjustments to the personnel's access. Any subtractions will be submitted immediately. 3. The point of contact for this request is the undersigned at - I FEIN MAJ. JA Trial Counsel DEPARTMENT OF THE ARMY U.s. ARMY MILJTARY DISTRICT or: wasnmorou 210 A STREET FORT LESLEY J. MCNAIR. or: 20319-5013 REPUII TU ATTENTION OF ANJA-CL 29 November 2012 MEMORANDUM THRU Of?ce of the Judge Advocate General David Mayfieldl), 2200 Army Pentagon, Washington, DC 20310 FOR Deputy Chief of Staff, 6-2 1000 Army Pentagon, Washington, DC 20310 SUBJECT: Request to Provide SCIF Storage of Classified Material US. v. PFC Bradley E. Manning 1. The prosecution in the above-referenced case, requests assistance to identify a SCIF location for long-tenn storage ofclassifted Court documents related to the court-martial of PFC Manning. Speci?cally, the prosecution requests two drawers at a SCIF in the NatiOnal Capital Region to store the required Court information. 2. In this case, the Military Judge has reviewed hundreds of classi?ed documents that were either presented to the Court in chambers. or for which the Military .ludge had to travel to the CIA, ODNI, Department of State, and INSCOM to view. In total. the Court reviewed approximately 5,000 pages of material classi?ed either at the "Top Secret" and "Sensitive Compartmented Information" level "Secret" with strict control measures, e.g. or at the Department of State. These materials are currently stored at the originator's location and, except for INSCOM, the organizations have not authorized the prosecution, on behalf of the United States Army. to take custody. 3. Since the Military Judge has reviewed all the above-mentioned information, it has become part of the record of trial. Pursuant to Military Rule of Evidence (MRE) 505(j)(6). Rule for Court-Martial (RC M) 1 103th), and RC 1 104(b)(l the prosecution is required to store classi?ed material that is part of the record of trial. In addition, the Military Judge ordered the prosecution to find a singled location to maintain the classi?ed material under the Custody ofone custodian with a systematic periodic review to ensure accountability of the AEs through any appellate review. 4. The United States. therefore. requests the storage location at Fort Belvoir, VA to comply with the Military Rules and the Military udge's order to maintain the classi?ed material at one location. The location should be within an approved SCIF and have a GSA approved safe to house approximately two drawers of material. Additionally, the safe drawers should be able to have their own unique combination, although one combination for two or more drawers is 01275 ANJA-CL SUBJECT: Request to Provide SCIF Storage ol?Classi?ed Material US. v. PFC Bradley E. Manning Sufficient. The United States will ensure an updated personnel access roster is maintained so that access to the information is only granted to authorized individuals. 5. The point of contact fOr this request is the undersigned at - ASHDEN FEIN MAJ, JA Trial Counsel DEPARTMENT OF THE ARMY u.s. ARMY MILITARY DISTRICT or WASHINGTON 21o A STREET FORT LESLEY J. MCNAIR. DC: 20319-5013 REPLY To ATTENTION or 30 January 2013 MEMORANDUM THRU Of?ce ofthe Judge Advocate General (DAJA-IOIMT. David May?eld}. 2200 Army Pentagon. Washington, DC 20310 FOR Deputy Chief ofStaff for Intelligence 2200 Army Pentagon. Washington, DC 20310 EC T: Request to Provide Civilian Defense Witness a Security Clearance and Access to Classi?ed lnfonnation - United States v. PFC Bradley Manning 1. The prosecution in the above?retierenced case requests that Colonel Morris D. Davis. USAF Retired. an employee of Howard University School of Law. be granted a security clearance for the limited purpose ofserving as a defense witness and authorized access to certain classi?ed information. Speci?cally, the prosecution requests that the defense be allowed to share with Col Davis. USAF Retired. the Detainee Assessment Briefs originating from Joint Task Force-Guantanamo (J TF-GTMO). for which PFC Manning is charged with compromising. A preliminary classi?cation review of the data in question indicates that it is classi?ed at the SECRET level or below. 2. On IS October 20l 2. the defense requested that the prosecution produce Col Davis. USAF Retired. as an expert witness. See Enclosure. The defense proffered that Co] Davis. USAF Retired. the former Chief Prosecutor for the Office of Military Commissions from September 2005 until October 2007. would testify that he is ?very familiar" with the DABs. Further. the defense proffered that Col Davis. USAF Retired. ?met with members of the [President's] tramition team assigned to work on JTF-GTMO detainee policy in late November or early December 2008 and [that] he was aware that President Obama created a Guantanamo Review Task Force on 22 January 2009.? The defense proffered that Col Davis. USAF Retired. would testify that none of the DABs ?contained actual intelligence reporting or names of sources? and that much. if not all. of the information contained within the DABs became available to the public when the Pentagon released the names of all FT-GTMO detainees and the records concerning the Combatant Status Review Tribunals and the Administrative Review Boards in 2006 and 2007. On 26 October 2012. the defense provided notice under Military Rule of Evidence 505(h) ofits request to share with Col Davis. USAF Retired. the classi?ed DABs that PFC Manning is charged with compromising. 3. On 16 November 2012. the prosecution denied production of Col Davis. USAF Retired. as an expert witness. On 23 November 2012. the defense moved the Court to compel production of Col Davis. USAF Retired. During the 8-11 January 2013 motions hearing. the Court ordered the prosecution to produce Col Davis. USAF Retired. as a defense witness. The Court deferred its ruling on whether Col Davis. USAF Retired. quali?ed as an expert. ANJA-CL SUBJECT: Request to Provide Civilian Defense Witness a Security Clearance and Access to Classi?ed Intomiation United States v. PFC Bradlcv Mannine 4. 0n 9 January 2013. the Court ordered the prosecution to notify the Court by February 2013 whether Col Davis- USAF Retired. would be given a security clearance necessary to view the applicable classi?ed material. The prosecution has coordinated with Col Davis. USAF Retired. who is aware and willing to submit the appropriate paperwork and to execute 3 Non~Disclosure Agreement for this purpose. Col Davis provided the following personal intormation to expedite this request: Colonel Morris D. Davis. USAF Retired 5. Both the prosecution and the Court are aware that access to classified information is contingent upon a favorable background investigation and an active security clearance. Your of?ce should not construe the Court Order as an order to grant Col Davis. USAF Retired. 3 security clearance or access to classi?ed information. but rather simply to initiate the security clearance process to make a determination of whether Col Davis. USAF Retired. is eligible for a SECRET security clearance by 14 February 2013. 6. The point ot'contact for this request is the undersigned I - Encl ASHDEN FEIN MAJ. JA Trial Counsel I-J DEPARTMENT OF THE ARMY us. ARMY MILITARY DISTRICT oF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR. DC 20319-5013 - REPLY To ATTENTION or ANJA-CL 30 January 2013 MEMORANDUM TH RU Office of the Judge Advocate General David Mayfield). 2200 Army Pentagon. Washington. DC 20310 FOR Deputy Chiefof Staff for Intelligence 2200 Anny Pentagon. Washington. DC 20310 SUBJECT: Request to Provide Civilian Defense Witness a Security Clearance - United States v. PFC Bradley Manning I. The prosecution in the above-referenced case requests that Ambassador Peter Galbraith. a former Ambassador to Croatia and current State Senator in the State of Vermont. be granted a security clearance for the limited purpose of serving as a defense witness. The defense has requested authority to share with Ambassador Galbraith the purported Department of State cables. for which PFC Brady Manning is charged with compromising and for which a classi?cation review indicated is classi?ed at the SECRET level or below. The prosecution understands that your office is not authorized to grant Ambassador Galbraith access to the purported Department ofState cables. Should your of?ce grant Ambassador Galbraith a security clearance, the prosecution will directly request access to the relevant documents from the Department of State. 2. On 15 October 2012. the defense requested that the prosecution produce Ambassador Galbraith as a defense witness. See Enclosure 1. The defense proffered that Ambassador Galbraith would testify that diplomats who worked for him while serving as the Ambassador to Croatia wrote some of the purported cables released by WikiLeaks and that he edited and cleared those cables dealing with substantive matters. Further. it is proffered that Ambassador Galbraith would testify that he does not believe that the purported cables contained the country?s closely held secrets and that much of the information contained within SIPDIS cables could also be found in open source reporting. The defense proffered that Ambassador Galbraith would also testify that. based on his experience. many cables are over classi?ed. that ambassadors use more restrictive channels for discussions of sensitive material. and that. in his opinion, it would be irresponsible to use the distribution for cables that contain genuinely secret information. On 26 October 2012. the defense provided notice under Military Rule of Evidence 505(h) of its request to share with Ambassador Galbraith several classified purported Department of States cables. 3. On It) November 2012. the prosecution denied production of Ambassador Galbraith as an expert witness. On 23 November 2012. the defense moved the Court to compel production of Ambassador Galbraith. On 16 January 2013. the Court ordered the prosecution to produce Ambassador Galbraith as a defense witness. See Enclosure 2. ANJA-CL SUBJECT: Request to Provide Civilian Defense Witness a Security Clearance - United States v. RFC Bradley Manning 4. On 9 January 2013. the Court ordered the prosecution to notify the Court by February 2013 whether Ambassador Galbraith would be given a security clearance necessary to view the applicable classi?ed material. The prosecution has coordinated with Ambassador Galbraith who is aware and willing to submit the appropriate papenvork and to execute a Non?Disclosure Agreement for this purpose. Ambassador Galbraith provided the following personal in?onnation to espedite this request: Ambassador Peter Galbraith 5. Both the prosecution and the Court are aware that access to classi?ed is contingent upon a favorable background investigation and an active security clearance. Your of?ce should not construe the Court Order as an order to grant Ambassador Galbraith a security clearance. but rather simply to initiate the security clearance process to make a determination of whether Ambassador Galbraith is eligible for a SECRET security clearance by 14 February ZUI 3. o. The point of contact for this request is the undersigned at 2 Encls ASHDEN FEIN 1. Defense Witness List MAJ. JA 2. Court Order Trial Counsel CF: Mr. Jonathan Davis. Of?ce of the Legal Adviser. US. Department ofState DEPARTMENT OF THE ARMY Us. ARIHIY MILITARY DISTRICT OF WASHINGTON 210 A STREET FORT LESLEY J. MCNAIR. Dc 20319-5013 REPLY TCI ATTENTION OF ANJA-CL 30 January 2013 MEMORANDUM THRU Of?ce of the Judge Advocate General David May?eld). 2200 Army Pentagon. Washington, DC 20310 FOR Deputy Chief of Staff for Intelligence (DAME-EB), 2200 Army Pentagon, Washington. DC 203 I 0 SUBJECT: Request to Provide Civilian Defense Witness 3 Security Clearance - United States v. PFC Bradley Manning l. The prosecution in the above-referenced ease requests that Professor Yoehai Benkler, a civilian and employee of Harvard Law School, be granted a security clearance for the limited purpose of serving as a defense witness. The defense has requested authority to share with Professor Benkler the Army Counterintelligence Center document titled, ?Wikileakserg An Online Reference to Foreign Intelligence Services, Insurgents, or Terrorist Groups??," for which PFC Manning is charged with compromising. A classi?cation review of the data in question indicates that it is classified at the SECRET level or below. The prosecution understands that your offi cc is not authorized to grant Professor Benkler access to the above document. Should your office grant Professor Benkler a security clearance, the prosecution will directly request access to the relevant documents from the particular equity holder. 2. On 15 October 2012, the defense requested that the prosecution produce Professor Benkler as an expert witness. See Enclosure. The defense proffered that Professor Benkler would testify that he reviewed the publicly available copy of the above charged document and referenced it extensively in a law article he wrote in 2011 entitled Free Irresponsible Press: WikiLeaks and the Battle Over the Soul of the Networked Fourth State.? It is proffered that Professor Benkler would testify about how the United States Government overstated and overreaction to the compromised documents. On 26 October 20] 2, the defense provided notice under Military Rule of Evidence 505th) ofits request to share with Professor Benkler the classi?ed document that PFC Manning is charged with compromising. 3. On 16 November 2012, the prosecution denied production of Professor Benkler as an expert witness. On 23 November 2012. the defense moved the Court to compel production of Professor Benkler. During the 8-1 I January 2013 motions hearing. the Court ordered the prosecution to produce Professor Benkler as a defense witness. The Court deferred its ruling on whether Professor Benkler quali?ed as an expert. 4. On 9 January 2013, the Court ordered the prosecution to notify the Court by 14 February 2013 whether Professor Benkler would be given a security clearance necessary to view the ANJA-CL SUBJECT: Request to Provide Ciyilian Defense Witness 3 Security Clearance - United States v. PFC Bradley Manninu applicable classi?ed material. The prosecution has coordinated with Professor Benkler who is aware and willing to submit the appropriate paperwork and to execute a DOD Non~Disclosure Agreement for this purpose. Professor provided the following personal to expedite this request: Prot'. ?r?ochai Benlcler 5. Both the prosecution and the Court are aware that access to classified information is contingent Upon a favorable background investigation and an active security clearance. Your office should not construe the Court Order as an order to grant Professor Benkler a security clearance. but rather simply to initiate the :ecurity clearance process to make a detennination of whether Professor Benkler is eligible for a SECRET security clearance by I4 February Bill 3. o. The point ofeontact for this request is the undersigned at - Enel ASHDEN MAL JA Trial Counsel DEPARTMENT OF THE ARMY us. ARMY MILITARY DISTRICT oF wasnmeroa 210 A STREET FORT J. DC 20319-5013 REPLY TO ATTENTION 0F 36 April 2013 MEMORANDUM THRU Of?ce of the udge Advocate General David May?eld}, 2200 Army Pentagon. Washington, DC 20310 FOR Deputy Chief of Staff for Intelligence 2200 Army Pentagon. Washington. DC 20310 SUBJECT: Request to Provide Personnel Access to Classi?ed Information US. PFC Bradley E. Manning 1. The prosecution in the case of US. v. PFC Bradley E. Maimina requests that the additional active duty service members be granted the appropriate security clearances and access to classi?ed int?onnation up to the TOP SECRET (Sensitive Compartmented information} level to include the compartments SI. TK. I-ICS. and G. These individuals need such access to assist either the prosecution or the defense. and to participate all future court?martial proceedings. a. Prosecution Team No Changes b. Qet?ense Team SSC: Jessicc Bennett. -. - -) 2. The above list is not all-inclusive. Throughout the court-martial process. there will likely be additions and subtractions. which will require adjustments to the personnel's access. Any subtractions will be submitted immediately. 3. The point of contact for this request is the undersigned at .x ?h ASHDEN FEIN MAJ. JA Trial Counsel Closed Hearino Checklist All spectators have been cleared out of the courtroom. All remaining personnel possess a valid security badge. Guards are posted outside courtroom entrances. Classified recording equipment is in place. Audio and video feed to the M00 and the theater are severed. The MJ Unclassified Summary is verified unclassified. . Signed Time I3 70 Data 17 HS Zea/3 Closed Hearing Checklist All spectators have been cleared out of the courtroom. K7 All remaining personnel possess a valid, SJA-issued security badge. 9/4/73 All trailers with a courtroom feed have been checked by the Government and Defense security experts. Guards are osted outside courtroom entrances. - . Classi?ed recording equipment is in place and operational. Audio and video feed to the M00 and the theater has been severed. Signal?1 95?, I Timel? 0 Date Mid": 353.3 Open Hearing Checklist f7 Classified display laptop (it used) is disconnected and secured. Secured all classi?ed material from the MJ Support Paralegal. 6 Secured all classi?ed material from the TC. Secured all classified material from the DC. {/14 6% MJ unclassified summary contains no classified information. Secured all classi?ed material from the NH. (M The courtroom safe is locked. Unclassi?ed recording equipment is in place. Signed Time/1?50 CW Date ,f 25?3 Closed Hearing Checklist All spectators have been cleared out of the courtroom. .J All remaining personnel possess a valid, SJA-issued security badge. 09/ I All trailers with a courtroom feed have been checked by the Government and Defense securityr experts. . l/ Guards are posted outsrde courtroom entrances. Classi?ed recording equipment is in place and operational. 0/11: I Audio and video feed to the MOC and the theater has been severed. Signed Timeoq?? Date 5 2?7/3? Open Hearing Checklist Classified display laptop (if used) is disconnected and secured. Secured all classi?ed material from the NM Support Paralegal. Secured all classi?ed material from the TC. Secured all classi?ed material from the DC. MJ unclassified summary contains no classi?ed information. Secured all classi?ed material from the NH. The courtroom safe is locked. QQ \l Unclassi?ed recording equipment is in place. I Signed a! Time [5 2f? Date 7/25/13 Closed Hearing Checklist All spectators have been cleared out of the courtroom. z" All remaining personnel possess a valid. SJA-issued security badge. All trailers with a courtroom feed have been checked by the Government and Defense securi ex erls. tv in 7/1 I. Guards are posted outside courtroom entrances. Classified recording equipment is in place and operational. Audio and video feed to the M00 and the theater has been severed. Signedk 3&1/ Time Date 2 472:: Rug; 01289 Open Hearing Checklist Classified display laptop (if used} is disconnected and secured. Secured all classi?ed material from the MU Support Paralegal. if Secured all classi?ed material from the TC. Secured all classi?ed material from the DC. MJ unclassi?ed summary contains no classified information. J1 If) Secured all classi?ed material from the NH. K. The courtroom safe is locked. ?j/(lfL/O Unclassi?ed recording equipment is in place. Time/? 5 ii? Date 25 42%" 263/3 Closed Hearing Checklist All spectators have been cleared out of the courtroom. All remaining personnel possess a valid, SJA-issued security badge. All trailers with a courtroom feed have been checked by the Government and Defense security experts. Guards are posted outside courtroom entrances. Classi?ed recording equipment is in place and operational. Audio and video feed to the M00 and the theater has been severed. Signed?.? 1~ Time? 7' .5 0' Date {Jr/r 2r- 3: Open Hearing Checklist Classi?ed display laptop (if used) is disconnected and secured 4 Secured all classi?ed material from the MJ Support Paralegal. @1450 Secured all class'?ed mat r'al . l" I el romte 0 Secured all classi?ed material from the DCunclassi?ed summary contalns no Information. if 7.6 ,r (/27 Secured all classi?ed material from the NH. The courtroom safe is locked. 1! g; Unclassi?ed recording equipment is in place. r" Sig nedk Time 1535-? Date 1 an 2::3 Closed Hearing Checklist All spectators have been cleared out of the courtroom. All remaining personnel possess a valid. SJA-issued security badge. X. All trailers with a courtroom feed have been checked by the Government and Defense security experts. :2 Guards are posted outside courtroom entrances. Classified recording equipment is in place and operational. A (fr/#4 Audio and video feed to the M00 and the theater has been severed. in" Signed Qt? Time 5/22. Date lira/f: 252/3 Open Hearing Checklist .- Classi?ed display laptop (if used) is disconnected and secured. Secured all classi?ed material from the MI Support Paralegal. Secured all classi?ed material from the TC. yfl??/ Secured all classified material from the DC. 5R. ND MJ unclassified summary contains no classified information. Secured all classi?ed material from the NH. z/ The courtroom safe is locked. F) Unclassified recording equipment is in place. Signegi\ Time [avi? Date 51sz 25/} Closed Hearing Checklist All spectators have been cleared out ofthe courtroom. I All remaining personnel possess a valid, SJA-issued security badge. X'Qg/fl'f? I All trailers with a courtroom feed have been checked by the Government and Defense security experts. Guards are posted outside courtroom entrances. Classified recording equipment is in place and operational. Eff; Audio and video feed to the MOC and the theater has been severed. Time/ Open Hearing Checklist Classified displayr laptop (if used) is disconnected and secured. -7. J, Secured all classi?ed material from the MJ Support Paralegal. . . 0' ?i Secured all classn?ed material from the TC. - A. I Secured all classi?ed material from the DC. KM MJ unclassi?ed summary contains no classi?ed information. Secured all classi?ed material from the MJ. . The courtroom safe is locked. Unclassified recording equipment is in place. Signed Time is Date; L/rz 2&1} Closed Hearing Checklist ff? All spectators have been cleared out ofthe courtroom. All remaining personnel possess a valid. SJA-issued security badge. All trailers with a courtroom feed have been checked by the Government and Defense security experts. S. Guards are posted outside courtroom entrances. Classified recording equipment is in place and operational. C747 Audio and video feed to the M00 and the theater has been severed. Q/i- Time ?g 3? Date 3 slid/Z ?37 Open Hearing Checklist Classified display laptop (if used) is disconnected and secured. Secured all classi?ed material from the NM Support Paralegal. . Secured all classi?ed material from the TC. Secured all classified material from the DC. MJ unclassified summary contains no classified information. Secured all classi?ed material from the MU. The courtroom safe is locked. Unclassi?ed recording qunt is in place. .K 1- {a Signed - A Time 0330 Date 01298 Closed Hearing Checklist . All spectators have been cleared out of the courtroom. All remaining personnel possess a valid, SJA-issued security badge. All trailers with a courtroom feed have been checked by the Government and Defense security experts. Guards are Posted outside courtroom entrances. Classi?ed recording equipment is in place and operational. 0 Audio and video feed to the M00 and the theater has been severed. I Signed Time fix 3 Date UQ 3:313 Open Hearing Checklist Classified display laptop (if used) is disconnected and secured. Secured all classified material from the NM Support Paralegal. Secured all classi?ed material from the To. Secured all classified material from the DC. gr I MJ unclassified summary contains no classified information. 4/ Secured all classi?ed material from the MJ. The courtroom safe is locked. Unclassi?ed recording equipment is in place. Sigrted I Time?ll?l Date/ (-2445 gap/3 01300 Closed Hearing Checklist ?n All spectators have been cleared out of the courtroom. n. - All remaining personnel possess a valid, SJA-issued security badge. All trailers with a courtroom feed have been checked by the Government and Defense security experts. 0 Guards are posted outside courtroom entrances. Classified recording equipment is in place and operational. Audio and video feed to the M00 and the theater has been severed. l% Time/62? Date 2 ?it/G 20f} 01316 From: Fein, Ashden MAJ USARMY MDW (US) To: r Th MA ARMY Cc: Tooman, Joshua CPT USARMY USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY USARMY USARMY Ft McNair Mailbox MDW Court Reporters USARMY HQDA OTJAG US) Subject: Re: Date: Tuesday, August 20, 2013 4:00:06 PM Thank you! From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, August 20, 2013 02:52 PM To: Fein, Ashden MAJ USARMY MDW (US) Cc: 'DaVid Coombs' Tooman, Joshua CPT USARMY USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Mitroka, Katherine CPT USARMY V0n Elten, Alexander (Alec) CPT USARMY USARMY USARMY Ft McNair Mailbox MDW Court Reporters USARMY HQDA OTJAG (US) Subject: MAJ Fein Mr. Coombs told me today that he would prefer an electronic version of the Record of Trial for any purpose g. errata, clemency, etc.). Just want to make sure that we closed the loop on that one. V/r Page 1 of 2169 01317 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW Cc: "David Coombs"; Tooman, Joshua CPT USARMY USARMY Morrow JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Mitroka Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY USARMY USARMY Ft McNair Mailbox MDW Court Reporters USARMY HQDA OTJAG (US) Subject: Date: Tuesday, August 20, 2013 2:52:19 PM MAJ Fein Mr. Coombs told me today that he would prefer an electronic version of the Record of Trial for any purpose g. errata, clemency, etc.). Just want to make sure that we closed the loop on that one. V/r Page 2 of 2169 01318 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW USARMY USARMY WEE). Cc: Tooman, Joshua CPT USARMY Subject: RE: Input to Civilian Evaulations Date: Tuesday, August 20, 2013 10:03:01 AM Sure, whenever. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Tuesday, August 20, 2013 2:02 PM To: Hurley, Thomas MAJ USARMY USARMY USARMY USAMDW (US) Cc: Tooman, Joshua CPT USARMY Subject: RE: Input to Civilian Evaulations Thanks! Are you available to chat about this and other admin issues this morning? From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, August 20, 2013 10:01 AM To: Fein, Ashden MAJ USARMY MDW USARMY (US) Cc: Tooman, Joshua CPT USARMY Subject: Input to Civilian Evaulations MAJ Fein- Have either of you provided input to your security experts' civilian performance evaluations? What form did it take? I am working on that for our experts now, and I want to make sure that we do it right. Thanks. MAJ Hurley Page 3 of 2169 01319 From: Fein, Ashden MAJ USARMY MDW (US) To: Hurley, Thomas USARMY USARMY LJSAMDW (L13) Cc: Tooman, Joshua CPT USARMY Subject: RE: Input to Civilian Evaulations Date: Tuesday, August 20, 2013 10:02:00 AM Thanks! Are you available to chat about this and other admin issues this morning? From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, August 20, 2013 10:01 AM To: Fein, Ashden MAJ USARMY MDW USARMY (US) Cc: Tooman, Joshua CPT USARMY Subject: Input to Civilian Evaulations MAJ Fein- Have either of you provided input to your security experts' civilian performance evaluations? What form did it take? I am working on that for our experts now, and I want to make sure that we do it right. Thanks. MAJ Hurley Page 4 of 2169 01320 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW USARMY (US) Cc: Tooman, Joshua CPT USARMY Subject: Input to Civilian Evaulations Date: Tuesday, August 20, 2013 10:00:42 AM MAJ Fem- Have either of you provided input to your security experts' civilian performance evaluations? What form did it take? I am working on that for our experts now, and I want to make sure that we do it right. Thanks. MAJ Hurley Page 5 of 2169 01321 From: David Coombs To: in A MA ARMY MDW Cc: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Authentication Plan Date: Monday, August 19,2013 7:43:19 PM Ashden, This looks fine. Best, David David E. Coombs, Esq. Law Office of David E. Coombs 11 South Angell Street, #317 Providence, RI 02906 Toll Free: 1-800-588-4156 Local: (508) 689-4616 Fax: (508) 689-9282 coombs armycourtmartialdefense.com >l<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>l >l<>l<>l >l<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>ll<>l<>l >l<>l<>ll<>l<>l >l<>l<>ll<>l<>ll<>l<>l Subject: RE: Monday Issues Ma'am, The parties can argue this on Monday; however the United States assumed that all RCM 914 material was disclosed based on the deadlines ordered by Court in the Case Calendars leading up to trial. It was not until the review of our notes from the testimony this past week, we realized material was referenced that we do not believe was disclosed or at least we cannot find in received discovery. We are asking over email that the defense have all the material ready by the start of the next session, so if the Court rules in favor of the United States, it can be immediately provided, thus reducing any potential delay. Thank you. v/r MAJ Fein Page 100 of 2169 01416 From: David Coombs [m il rm i m] Sent: Friday, July 12, 2013 3:27 PM To: Lind, Denise COL USARMY (US) Cc: Tooman, Joshua CPT USARMY Hurley, Thomas MAJ USARMY USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY Ft McNair Mailbox MDW Court Reporters USARMY USAMDW Fein, Ashden MAJ USARMY (US) Subject: Monday Issues Ma'am, After reviewing the Government's response motions, the Defense requests oral argument on each of the RCM 917 motions. Additionally, the Defense opposes the Government's late RCM 914 request. An RCM 914 request must be made, on motion, after a witness has testified on direct examination. The purpose of the rule is to permit the opposing party to prepare to cross-examine the witness. The Defense closed its case two days ago and many of the witnesses have been permanently excused. Accordingly, the Government's motion is not timely. Additionally, an RCM 914 request covers "statements" by a witness as defined in RCM 914(f). Had the Government's request been timely, such a request would not have included the ability to access emails between defense counsel and its witnesses. v/r David David E. Coombs, Esq. Law Office of David E. Coombs 11 South Angell Street, #317 Providence, RI 02906 Toll Free: 1-800-588-4156 Local: (508) 689-4616 Fax: (508) 689-9282 coombs armycourtmartialdefense.com >l<>l<>ll<>l<>ll<>l<>ll<>l<>l Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Fein We can tell you know that the Defense will want any and all correspondence that created the data call. If you know there was none, please let me know how the agency that produced the record was made aware of its necessity. Thanks. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, July 01, 2013 11:53 AM TO: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Hurley, As stated in my email below, we can discuss what information is at issue this morning. The list for you is just to figure out what, if any, information he reviewed. If there is something he referenced that was not produced in discovery, then we will figure out the way forward. After our discussion with him last night, there are two Page 108 of 2169 01424 documents that were not produced or made available in discovery, for which we can discuss this morning. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, July 01, 2013 7:30 AM To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Fein A list alone will be insufficient. It is our position that MRE 705 requires the actual data he considered in arriving at his expert opinion. So, you can direct us to the discovery by BATES number, provide it to us prior to the commencement of our actual cross examination once he has been accepted by the Court as an expert, or get the Court to order begin our actual cross examination without these records. See you soon. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Sunday, June 30, 2013 9:46 PM To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Hurley, Mr. Lewis is relying on his personal knowledge and experience over the past 29 years within the counterintelligence field. He reviewed the charged documents and some of the stipulations of expected testimony for the charged documents that are associated with the 18 USC 641 offenses. The United States will meet with Mr. Lewis tonight and gather a list of any sources of information that he specifically reviewed for his testimony and provide that list to the defense. If there is information that has not been produced in discovery, we will annotate that for a discussion with you tomorrow morning. As for the MRE 505(h) notice, the defense's previous notice includes any information the United States uses at trial; therefore if we elicit this testimony and its based from documents within the list, then the defense's notice should be adequate. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Sunday, June 30, 2013 2:11 PM To: Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY Fein, Ashden MAJ USARMY MDW USARMY (US) Subject: Danny Lewis Page 109 of 2169 01425 Government, Did you disclose the facts or data that underlies the expert testimony of the subject witness? If so, could you give me the BATES numbers? If you haven't, the Defense would then Defense will request that you do so after the completion of his direct examination. We are looking for the actual information he reviewed to become an expert in valuation. I imagine (because I don't know) that much of the actual information he reviewed is classified. It's the position of the defense that our original 505 notice would be sufficient for this, but we will submit another one if it helps. Thanks. MAJ Hurley Page 110 of2169 01426 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW rr PT ARMY AMDW David (329sz Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY - USARMY (US) Subject: RE: Danny Lewis Date: Monday, July 01,201311:21:36 AM MAJ Fein We can tell you know that the Defense will want any and all correspondence that created the data call. If you know there was none, please let me know how the agency that produced the record was made aware of its necessity. Thanks. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, July 01, 2013 11:53 AM To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Hurley, As stated in my email below, we can discuss what information is at issue this morning. The list for you is just to figure out what, if any, information he reviewed. If there is something he referenced that was not produced in discovery, then we will figure out the way forward. After our discussion with him last night, there are two documents that were not produced or made available in discovery, for which we can discuss this morning. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, July 01, 2013 7:30 AM To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Fein A list alone will be insufficient. It is our position that MRE 705 requires the actual data he considered in arriving at his expert opinion. So, you can direct us to the discovery by BATES number, provide it to us prior to the commencement of our actual cross examination once he has been accepted by the Court as an expert, or get the Court to order begin our actual cross examination without these records. Page 111 of2169 01427 See you soon. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Sunday, June 30, 2013 9:46 PM To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Hurley, Mr. Lewis is relying on his personal knowledge and experience over the past 29 years within the counterintelligence field. He reviewed the charged documents and some of the stipulations of expected testimony for the charged documents that are associated with the 18 USC 641 offenses. The United States will meet with Mr. Lewis tonight and gather a list of any sources of information that he specifically reviewed for his testimony and provide that list to the defense. If there is information that has not been produced in discovery, we will annotate that for a discussion with you tomorrow morning. As for the MRE 505(h) notice, the defense's previous notice includes any information the United States uses at trial; therefore if we elicit this testimony and its based from documents within the list, then the defense's notice should be adequate. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Sunday, June 30, 2013 2:11 PM To: Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY Fein, Ashden MAJ USARMY MDW USARMY (US) Subject: Danny Lewis Government, Did you disclose the facts or data that underlies the expert testimony of the subject witness? If so, could you give me the BATES numbers? If you haven't, the Defense would then Defense will request that you do so after the completion of his direct examination. We are looking for the actual information he reviewed to become an expert in valuation. I imagine (because I don't know) that much of the actual information he reviewed is classified. It's the position of the defense that our original 505 notice would be sufficient for this, but we will submit another one if it helps. Page 112 of2169 01428 Thanks. MAJ Hurley Page 113 of2169 01429 From: Fein, Ashden MAJ USARMY MDW (US) To: Th MA ARMY rr PT ARMY AMDW David (bombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY - USARMY (US) Bcc: USARMY Subject: RE: Danny Lewis Date: Monday, July 01,2013 7:54:00 AM MAJ Hurley, As stated in my email below, we can discuss what information is at issue this morning. The list for you is just to figure out what, if any, information he reviewed. If there is something he referenced that was not produced in discovery, then we will figure out the way forward. After our discussion with him last night, there are two documents that were not produced or made available in discovery, for which we can discuss this morning. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, July 01, 2013 7:30 AM To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Fein A list alone will be insufficient. It is our position that MRE 705 requires the actual data he considered in arriving at his expert opinion. So, you can direct us to the discovery by BATES number, provide it to us prior to the commencement of our actual cross examination once he has been accepted by the Court as an expert, or get the Court to order begin our actual cross examination without these records. See you soon. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Sunday, June 30, 2013 9:46 PM To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Hurley, Mr. Lewis is relying on his personal knowledge and experience over the past 29 years within the counterintelligence field. He reviewed the charged documents and some of the stipulations of expected testimony for the charged Page 114 of2169 01430 documents that are associated with the 18 USC 641 offenses. The United States will meet with Mr. Lewis tonight and gather a list of any sources of information that he specifically reviewed for his testimony and provide that list to the defense. If there is information that has not been produced in discovery, we will annotate that for a discussion with you tomorrow morning. As for the MRE 505(h) notice, the defense's previous notice includes any information the United States uses at trial; therefore if we elicit this testimony and its based from documents within the list, then the defense's notice should be adequate. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Sunday, June 30, 2013 2:11 PM To: Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY Fein, Ashden MAJ USARMY MDW USARMY (US) Subject: Danny Lewis Government, Did you disclose the facts or data that underlies the expert testimony of the subject witness? If so, could you give me the BATES numbers? If you haven't, the Defense would then Defense will request that you do so after the completion of his direct examination. We are looking for the actual information he reviewed to become an expert in valuation. I imagine (because I don't know) that much of the actual information he reviewed is classified. It's the position of the defense that our original 505 notice would be sufficient for this, but we will submit another one if it helps. Thanks. MAJ Hurley Page 115 of2169 01431 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW rr PT ARMY AMDW David Q?Qmes Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY - USARMY (US) Subject: RE: Danny Lewis Date: Monday, July 01,2013 7:30:11 AM MAJ Fein A list alone will be insufficient. It is our position that MRE 705 requires the actual data he considered in arriving at his expert opinion. So, you can direct us to the discovery by BATES number, provide it to us prior to the commencement of our actual cross examination once he has been accepted by the Court as an expert, or get the Court to order begin our actual cross examination without these records. See you soon. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Sunday, June 30, 2013 9:46 PM To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Danny Lewis MAJ Hurley, Mr. Lewis is relying on his personal knowledge and experience over the past 29 years within the counterintelligence field. He reviewed the charged documents and some of the stipulations of expected testimony for the charged documents that are associated with the 18 USC 641 offenses. The United States will meet with Mr. Lewis tonight and gather a list of any sources of information that he specifically reviewed for his testimony and provide that list to the defense. If there is information that has not been produced in discovery, we will annotate that for a discussion with you tomorrow morning. As for the MRE 505(h) notice, the defense's previous notice includes any information the United States uses at trial; therefore if we elicit this testimony and its based from documents within the list, then the defense's notice should be adequate. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Sunday, June 30, 2013 2:11 PM To: Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY Fein, Ashden MAJ USARMY MDW USARMY (US) Subject: Danny Lewis Government, Did you disclose the facts or data that underlies the expert testimony of the subject witness? If so, could you give Page 116 of2169 01432 me the BATES numbers? If you haven't, the Defense would then Defense will request that you do so after the completion of his direct examination. We are looking for the actual information he reviewed to become an expert in valuation. I imagine (because I don't know) that much of the actual information he reviewed is classified. It's the position of the defense that our original 505 notice would be sufficient for this, but we will submit another one if it helps. Thanks. MAJ Hurley Page 117 of2169 01433 From: Fein, Ashden MAJ USARMY MDW (US) To: PT ARMY USARMY USAMDW USARMY ,lngan (.1953) QPT USARMY LJSAMDW Anggl QPT USARMY Wh PT ARMY Alexander (Algg) QPT LJSARMY MiIera, QPT Maw us Cc: "David Coombs"; Hurley, Thomas MAJ USARMY Trent Struttmann; USARMY (US) Bee: USAMDW us MDW us 1&1 Subject: RE: Struttmann Travel Date: Sunday, June 30,201310:49:00 PM Attachments: RE Struttmann Travel.msg RE Struttmann Travel.msg Josh, We can discuss tomorrow. Mr. Butler will not be here tomorrow. v/r MAJ Fein From: Tooman, Joshua CPT USARMY (US) Sent: Saturday, June 29, 2013 6:45 AM To: USARMY USAMDW USARMY Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY Trent Struttmann; USARMY (US) Subject: Struttmann Travel -Please arrange for travel for Trent this weekend. Please use Mr. Butler's travel, should he te in as guidance for when Trent needs to be present. Obviously, if Mr. Butler is not testiying there will be no need for Trent to travel. MAJ Fein--The Defense requests an opportunity to speak with Mr. Butler, should you all call him as a witness. Please let us know when he is available. Thanks, CPT Tooman Page 118 of2169 01434 From: Fein, Ashden MAJ USARMY MDW (US) To: Hurley, Thomas FMAJ USARMY rr PT ARMY AMDW David (bombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY - USARMY (US) Bcc: USARMY Subject: RE: Danny Lewis Date: Sunday, June 30, 2013 5:46:00 PM MAJ Hurley, Mr. Lewis is relying on his personal knowledge and experience over the past 29 years within the counterintelligence field. He reviewed the charged documents and some of the stipulations of expected testimony for the charged documents that are associated with the 18 USC 641 offenses. The United States will meet with Mr. Lewis tonight and gather a list of any sources of information that he specifically reviewed for his testimony and provide that list to the defense. If there is information that has not been produced in discovery, we will annotate that for a discussion with you tomorrow morning. As for the MRE 505(h) notice, the defense's previous notice includes any information the United States uses at trial; therefore if we elicit this testimony and its based from documents within the list, then the defense's notice should be adequate. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Sunday, June 30, 2013 2:11 PM To: Morrow, oDean (Joe) CPT USARMY USAMDW David Coombs Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY Fein, Ashden MAJ USARMY MDW USARMY (US) Subject: Danny Lewis Government, Did you disclose the facts or data that underlies the expert testimony of the subject witness? If so, could you give me the BATES numbers? If you haven't, the Defense would then Defense will request that you do so after the completion of his direct examination. We are looking for the actual information he reviewed to become an expert in valuation. I imagine (because I don't know) that much of the actual information he reviewed is classified. It's the position of the defense that our original 505 notice would be sufficient for this, but we will submit another one if it helps. Thanks. Page 119 of2169 01435 MAJ Hurley Page 120 of 2169 01436 From: Hurley, Thomas MAJ USARMY (US) To: Morrow, ()QDean (Joe) QPT LJSARMY LJSAMDW David Cc: Tooman, Joshua CPT USARMY von Elten, Alexander (Alec) CPT USARMY Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY Mitroka, Katherine CPT USARMY Fein Ashden MAJ us ;?_c_xusmw us Subject: Danny Lewis Date: Sunday, June 30, 2013 2:11:11 PM Government, Did you disclose the facts or data that underlies the expert testimony of the subject witness? If so, could you give me the BATES numbers? If you haven't, the Defense would then Defense will request that you do so after the completion of his direct examination. We are looking for the actual information he reviewed to become an expert in valuation. I imagine (because I don't know) that much of the actual information he reviewed is classified. It's the position of the defense that our original 505 notice would be sufficient for this, but we will submit another one if it helps. Thanks. MAJ Hurley Page 121 of2169 01437 From: Fein, Ashden MAJ USARMY MDW (US) To: PT ARMY USARMY USAMDW USARMY ,lngan (.1953) QPT USARMY LJSAMDW Anggl QPT USARMY Wh PT ARMY Alexander (Algg) QPT LJSARMY MiIera, QPT Maw us Cc: Hurley, Thomas MAJ USARMY USARMY (US) Subject: Re: Struttmann Travel Date: Saturday, June 29, 2013 9:22:06 AM Absolutely. Mtf. From: Tooman, Joshua CPT USARMY (US) Sent: Saturday, June 29, 2013 06:45 AM To: USARMY USAMDW USARMY Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Cc: 'David Coombs' Hurley, Thomas MAJ USARMY Trent Struttmann USARMY (US) Subject: Struttmann Travel -Please arrange for travel for Trent this weekend. Please use Mr. Butler's travel, should he te yin as guidance for When Trent needs to be present. Obviously, if Mr. Butler is not testiying there will be no need for Trent to travel. MAJ Fein--The Defense requests an opportunity to speak with Mr. Butler, should you all call him as a Witness. Please let us know When he is available. Thanks, CPT Tooman Page 122 of 2169 From: To: Cc: Subject: Date: 01438 Tooman, Joshua CPT USARMY (US) USARMY USAMDW USARMY in A MA ARMY MDW Morrow, ,19Dgan (dog) LEPT L13ARMY L13AMDW Anggl LEPT L13ARMY Wh PT ARMY Alexander 3 (Algg) LEPT L13ARMY MiLera, Kathring LEPT Maw us "David Coombs"; Hurley, Thomas MAJ USARMY Trent Struttmann; USARMY (US) Struttmann Travel Saturday, June 29, 2013 6:45:12 AM -Please arrange for travel for Trent this weekend. Please use Mr. Butler's travel, should he te yi as guidance for When Trent needs to be present. Obviously, if Mr. Butler is not testiying there Will be no need for Trent to travel. MAJ Fein--The Defense requests an opportunity to speak With Mr. Butler, should you all call him as a Witness. Please let us know When he is available. Thanks, CPT Tooman Page 123 of 2169 01439 From: Tooman, Joshua CPT USARMY (US) To: in A MA ARMY MDW r Th FMA ARMY PT ARMY m1; rr ARMY AMDW ;Wh PT ARMY ;vgn Al PT ARMY MiIera,K31hgring FQPT Cc: "David Coombs"; USARMY (US) Subject: OGA Stips Date: Friday, June 28, 2013 1:35:44 PM All #23 needs one tiny mod. The third sentence of page 4 should have an "of" after "some" #107. There is an issue that requires discussion. Thanks, Josh Page 124 of 2169 01440 From: Tooman, Joshua CPT USARMY (US) To: in Ah r Th FMA ARMY An PT ARMY rr PT ARMY AMDW Wh PT ARMY Al PT ARMY MiIera, FQPT Cc: "David Coombs"; USARMY (US) Subject: RE: State Stips Date: Thursday, June 27, 2013 10:27:08 AM MAJ Fein Could you all send us the relevant sections of Inspire's Winter 2010 issue? Our computers won't allow us to pull it up. Thanks, Josh From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 27, 2013 9:51 AM To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'DaVid Coombs';? USARMY (US) Subject: RE: State Stips MAJ Hurley, Attached are the final CDR A-E and Gadahn SOF hybrids. V/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 8:37 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'DaVid Coombs';? USARMY (US) Subject: RE: State Stips MAJ Fein Here are the that need work: Yamamoto Seche, parts I and II Yavonovitch Page 125 of 2169 01441 Our main problem is the deletion or qualification of the defense-sponsored terminal sentence WRT these particular stipulations. The failure to include that sentence - as negotiated between the parties - has what we believe to be ramifications far beyond what either party desires. We have other problems, but those are probably minor. The others that you gave us are good (Pittman, Pearce, Moore, Yun, Feeley, and We fine going with the hybrid WRT CDR A-E's testimony. We will still be objecting to the toner cartridge thing as irrelevant. My proposal is that you guys set that off in another paragraph by itself while you are re-working the end of the to bring it in line with the Call either me or Josh if you want to talk tonight. v/r t??l From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 10:41 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs';? USARMY (US) Subject: RE: State Stips All Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips Page 126 of 2169 01442 All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. h' i rn 2 ini s-capitol Josh Page 127 of 2169 01443 From: Fein, Ashden MAJ USARMY MDW (US) To: vi Cc: Hurley Thomas MAJ USARMY Tooman, Joshua CPT USARMY USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY USARMY Ft McNair Mailbox MDW Court Reporters OMB Bcc: Subject: Transcripts Date: Thursday, June 27, 2013 9:57:00 AM Attachments: 130228-Transcript.docx 121129-Transcript.docx 121130-Transcript.docx David, The Court reporters just finished draft transcripts of the three sessions for which PFC Manning gave sworn testimony or his providence inquiry. Attached to this email are those transcripts. The United States in providing this under our continuing Section requirements. v/r MAJ Fein Page 128 of 2169 01444 From: Fein, Ashden MAJ USARMY MDW (US) To: Th MA ARMY Tooman, Joshua ,1 QPT LJSARMY An I PT ARMY rr PT ARMY AMDW Wh PT ARMY Elten, Al AI PT ARMY MiIera, Kalhgring QPT LJSARMY (L13) Cc: ?"David Combs"; ?_c_xusmw us Bcc: USARMY Subject: RE: State Stips Date: Thursday, June 27, 2013 9:51:00 AM Attachments: 130627 of Fact (Gadahn).docx 130627 (0951 )-Stigu ation of Expected Testimony MAJ Hurley, Attached are the final CDR A-E and Gadahn SOF hybrids. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 8:37 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs';? USARMY (US) Subject: RE: State Stips MAJ Fein Here are the that need work: Yamamoto Seche, parts I and II Yavonovitch Our main problem is the deletion or qualification of the defense-sponsored terminal sentence WRT these particular stipulations. The failure to include that sentence - as negotiated between the parties - has what we believe to be ramifications far beyond what either party desires. We have other problems, but those are probably minor. The others that you gave us are good (Pittman, Pearce, Moore, Yun, Feeley, and We fine going with the hybrid WRT CDR A-E's testimony. We will still be objecting to the toner cartridge thing as irrelevant. My proposal is that you guys set that off in another paragraph by itself while you are re-working the end of the to bring it in line with the Call either me or Josh if you want to talk tonight. v/r t??l Page 129 of 2169 01445 From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 10:41 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'DaVid Coombs';? USARMY (US) Subject: RE: State Stips All Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. Page 130 of 2169 01446 VYR Josh Page131of2169 01447 From: FeinI Ashden MAJ USARMY MDW (US) To: r Th FMA ARMY ;TQQman, Joshua ,1 An PT ARMY rr PT ARMY AMDW Wh PT ARMY Elten, PT ARMY MiIera, Kalhgring LJSARMY (L13) Cc: USARMY (US) Subject: Re: State Stips Date: Thursday, June 27, 2013 7:00:09 AM We will figure this out this morning. Thank you. Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Thursday, June 27, 2013 06:59 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs' USARMY (US) Subject: RE: State Stips MAJ Fein On CDR A-E's stipulation - we are going to need to associate the toner cartridge situation(s) with a point in time. Our open source research indicates that plot was executed/discovered in October 2010. That is what makes it irrelevant to us. I forgot to ask the CDR about this, but, if you have or he has an earlier time, we are going to need to see the classified or unclassified proof g. INTSUM or INTSUM like report, newspaper report, etc.). Thanks. MAJ Hurley From: Hurley, Thomas MAJ USARMY (US) Sent: Thursday, June 27, 2013 12:37 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs';? USARMY (US) Subject: RE: State Stips MAJ Fein Here are the that need work: Yamamoto Seche, parts I and II Yavonovitch Our main problem is the deletion or qualification of the defense-sponsored terminal sentence WRT these particular stipulations. The failure to include that sentence - as negotiated between the parties - has what we believe to be ramifications far beyond what either party desires. We have other problems, but those are probably minor. The others that you gave us are good (Pittman, Pearce, Moore, Yun, Feeley, and We fine going with the hybrid WRT CDR A-E's testimony. We will still be objecting to the toner cartridge thing as irrelevant. My proposal is that you guys set that off in another paragraph by itself while you are re-working the end of the to bring it in line with the Page 132 of 2169 01448 Call either me or Josh if you want to talk tonight. V/r t??l From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 10:41 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'DaVid Coombs';? USARMY (US) Subject: RE: State Stips All Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. Page 133 of 2169 01449 For Moore, here are open source links for your consideration. s/2009/indiaagreement.htm1 s-capitol Josh Page 134 of 2169 01450 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW TQQman, Joshua ,1 LJSARMY An I PT ARMY rr PT ARMY AMDW Wh PT ARMY Elten, AI AI PT ARMY MiIera, Kalhgring QPT LJSARMY (LJS) Cc: ?"David us Subject: RE: State Stips Date: Thursday, June 27, 2013 6:59:22 AM MAJ Fein On CDR A-E's stipulation - we are going to need to associate the toner cartridge situation(s) with a point in time. Our open source research indicates that plot was executed/discovered in October 2010. That is what makes it irrelevant to us. I forgot to ask the CDR about this, but, if you have or he has an earlier time, we are going to need to see the classified or unclassified proof g. INTSUM or INTSUM like report, newspaper report, etc.). Thanks. MAJ Hurley From: Hurley, Thomas MAJ USARMY (US) Sent: Thursday, June 27, 2013 12:37 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs';? USARMY (US) Subject: RE: State Stips MAJ Fein Here are the that need work: Yamamoto Seche, parts I and II Yavonovitch Our main problem is the deletion or qualification of the defense-sponsored terminal sentence WRT these particular stipulations. The failure to include that sentence - as negotiated between the parties - has what we believe to be ramifications far beyond what either party desires. We have other problems, but those are probably minor. The others that you gave us are good (Pittman, Pearce, Moore, Yun, Feeley, and We fine going with the hybrid WRT CDR A-E's testimony. We will still be objecting to the toner cartridge thing as irrelevant. My proposal is that you guys set that off in another paragraph by itself while you are re-working the end of the to bring it in line with the Call either me or Josh if you want to talk tonight. v/r t??l From: Hurley, Thomas MAJ USARMY (US) Page 135 of 2169 01451 Sent: Wednesday, June 26, 2013 10:41 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'DaVid Coombs';? USARMY (US) Subject: RE: State Stips All Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. h' i rn 2 ini Page 136 of 2169 01452 VYR Josh Page137of2169 01453 From: FeinI Ashden MAJ USARMY MDW (US) To: r Th FMA ARMY ;TQQman, Joshua ,1 QPT An PT ARMY rr PT ARMY AMDW Wh PT ARMY Elten, PT ARMY MiIera, Katharina QPT LJSARMY (L13) Cc: USARMY (US) Subject: Re: State Stips Date: Wednesday, June 26, 2013 8:39:09 PM Thanks. I will call in a moment. Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 08:37 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs' USARMY (US) Subject: RE: State Stips MAJ Fein Here are the that need work: Yamamoto Seche, parts I and II Yavonovitch Our main problem is the deletion or qualification of the defense-sponsored terminal sentence WRT these particular stipulations. The failure to include that sentence - as negotiated between the parties - has what we believe to be ramifications far beyond what either party desires. We have other problems, but those are probably minor. The others that you gave us are good (Pittman, Pearce, Moore, Yun, Feeley, and We fine going with the hybrid WRT CDR A-E's testimony. We will still be objecting to the toner cartridge thing as irrelevant. My proposal is that you guys set that off in another paragraph by itself while you are re-working the end of the to bring it in line with the Call either me or Josh if you want to talk tonight. v/r t??l From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 10:41 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs';? USARMY (US) Subject: RE: State Stips All Page 138 of 2169 01454 Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. h' i rn 2 ini 12237 8/ns/politic s-capitol Josh Page 139 of 2169 01455 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW ngman, Joshua ,1 QPT LJSARMY An I PT ARMY rr PT ARMY AMDW Wh PT ARMY Elten, Al AI PT ARMY Mitrgka, Katharina FQPT Cc: "David Coombs"; USARMY (US) Subject: RE: State Stips Date: Wednesday, June 26, 2013 8:37:26 PM MAJ Fein Here are the that need work: Yamamoto Seche, parts I and II Yavonovitch Our main problem is the deletion or qualification of the defense-sponsored terminal sentence WRT these particular stipulations. The failure to include that sentence - as negotiated between the parties - has what we believe to be ramifications far beyond what either party desires. We have other problems, but those are probably minor. The others that you gave us are good (Pittman, Pearce, Moore, Yun, Feeley, and We fine going with the hybrid WRT CDR A-E's testimony. We will still be objecting to the toner cartridge thing as irrelevant. My proposal is that you guys set that off in another paragraph by itself while you are re-working the end of the to bring it in line with the Call either me or Josh if you want to talk tonight. v/r t??l From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 10:41 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs';? USARMY (US) Subject: RE: State Stips All Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM Page 140 of 2169 01456 To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. 12237 8/ns/politic s-capitol Josh Page 141 of2169 01457 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW ngman, Joshua ,1 QPT LJSARMY An I PT ARMY rr PT ARMY AMDW Wh PT ARMY Elten, Al AI PT ARMY FQPT Cc: "David Coombs"; USARMY (US) Subject: RE: State Stips Date: Wednesday, June 26, 2013 6:41:36 PM All Can you print a copy of the stips (if possible) along with bringing us the disk? That will actually allow both Josh and me to work simultaneously. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Wednesday, June 26, 2013 3:02 AM To: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: RE: State Stips Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. h' i rn 2 Page 142 of 2169 01458 VYR Josh Page143of2169 01459 From: Hurley, Thomas MAJ USARMY (US) To: vnEI Alxn AI PT ARMY Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW (US) Subject: RE: Gadahn Video (UNCLASSIFIED) Date: Wednesday, June 26, 2013 5:54:17 PM Hey! Could I get a look at the now? I need the time stamps. V/r From: Hurley, Thomas MAJ USARMY (US) Sent: Wednesday, June 26, 2013 9:40 PM To: von Elten, Alexander (Alec) CPT USARMY (US) Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW (US) Subject: RE: Gadahn Video (UNCLASSIFIED) Thanks! I don't know if you guys know this, but there's no one on this Video who likes America. From: von Elten, Alexander (Alec) CPT USARMY (US) Sent: Wednesday, June 26, 2013 9:25 PM To: Hurley, Thomas MAJ USARMY (US) Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW (US) Subject: Gadahn Video (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Sir, The Video is accessible at the following link: http://jihadology net/201 oE2o oih-h -r-hl-r nil-nl-fr- rlf-r-1-2 Page 144 of 2169 01460 Respectfully, Alec von Elten CPT, A Trial Counsel US. Army Military District of Washington Classification: UNCLASSIFIED Caveats: NONE Page 145 of2169 01461 From: Hurley, Thomas MAJ USARMY (US) To: vnEI Alxn AI PT ARMY Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW (US) Subject: RE: Gadahn Video (UNCLASSIFIED) Date: Wednesday, June 26, 2013 5:40:29 PM Thanks! I don't know if you guys know this, but there's no one on this Video who likes America. From: von Elten, Alexander (Alec) CPT USARMY (US) Sent: Wednesday, June 26, 2013 9:25 PM To: Hurley, Thomas MAJ USARMY (US) Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW (US) Subject: Gadahn Video (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Sir, The Video is accessible at the following link: http://jihadology net/201 Respectfully, Alec von Elten CPT, A Trial Counsel US. Army Military District of Washington Classification: UNCLASSIFIED Caveats: NONE Page 146 of 2169 From: To: Bcc: Subject: Date: 01462 Fein, Ashden MAJ USARMY MDW (US) TQQman, ,1ng I PT ARMY Morrow, ,ggogan (.1953) QPT USARMY usAMDw ms); Whng, ,1 HunIgr QPT USARMY ms); Von Algxanggr (Algg) QPT USARMY ms); MiIera, QPT USARMY "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US) USARMY RE: State Stips Tuesday, June 25, 2013 11:02:00 PM Thank you. We will review tomorrow, reach out to State if needed, and get back to you on Moore. From: Tooman, Joshua CPT USARMY (US) Sent: Tuesday, June 25, 2013 6:32 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US) Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. i 2 ini 12237 8/ns/politic s-capitol Josh Page 147 of 2169 01463 From: Fein, Ashden MAJ USARMY MDW (US) To: Th FMA ARMY ;Qvergaard Angel PT ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Tuesday, June 25, 2013 11:00:00 PM MAJ Hurley, Thanks. We already started looking at CDR A-E's stipulation and we should have the final stip of fact draft for you by the time we go on the record tomorrow morning. When you show up tomorrow, I can run through an accounting of all the stips we have completed and where the remainder of them are at. V/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, June 25, 2013 6:39 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY Hurley, Thomas MAJ USARMY (US) Subject: RE: Stips MAJ Fein 1. Attached please CDR A-E's stipulation with tracked changes. There does appear to be a lot of changes, but much of that is an attempt to change the tense, consolidate, and reorganize. (I was able to speak with him this afternoon and get my questions answered.) 2. We will give Mundy back to you tonight. 3. We have anek signed already, so we should be good for tomorrow. V/r MAJ Hurley Page 148 of 2169 01464 From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, June 25, 2013 2:38 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein Unclassified paragraph 8 contains the sentence to be changed. The sentence currently begiins, "Types of authorities and Here's our proposed revision of the entire sentence: "Once a connection was made through the firewall, types of access and authorities were regulated, if at all, by the You will see that the only additional language in the new sentence is the parenthetical expression "if at all." I put this in an email to CPT V-E, but, for any matter that is considered time sensitive, please follow an email up with a call for me or Josh on our cell (Dave's smartphone allows him to receive emails.) Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 9:21 PM To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips MAJ Hurley, As a point of clarification. Please send if its unclas. If not we can come pick up the edit. Thanks. Page 149 of 2169 01465 Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, June 24, 2013 03:40 PM To: Overgaard, Angel CPT USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Sir, I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Page 150 of 2169 01466 MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. Page 151 of2169 01467 As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 152 of 2169 01468 From: Hurley, Thomas MAJ USARMY (US) To: Fein, Ashden USARMY MDW Qvergaard, Angel QPT USARMY TQQman, ,(Qshua QPT USARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY Hurley, Thomas MAJ USARMY (US) Subject: RE: Stips Date: Tuesday, June 25, 2013 6:38:52 PM Attachments: CDR A-E Stipulation with Defense Track Changesdocx MAJ Fein 1. Attached please CDR A-E's stipulation with tracked changes. There does appear to be a lot of changes, but much of that is an attempt to change the tense, consolidate, and reorganize. (I was able to speak with him this afternoon and get my questions answered.) 2. We will give Mundy back to you tonight. 3. We have anek signed already, so we should be good for tomorrow. V/r MAJ Hurley From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, June 25, 2013 2:38 PM To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY V0n Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein Unclassified paragraph 8 contains the sentence to be changed. The sentence currently begiins, "Types of authorities and Page 153 of 2169 01469 Here's our proposed revision of the entire sentence: "Once a connection was made through the firewall, types of access and authorities were regulated, if at all, by the You will see that the only additional language in the new sentence is the parenthetical expression "if at all." I put this in an email to CPT V-E, but, for any matter that is considered time sensitive, please follow an email up with a call for me or Josh on our cell (Dave's smartphone allows him to receive emails.) Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 9:21 PM To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips MAJ Hurley, As a point of clarification. Please send if its unclas. If not we can come pick up the edit. Thanks. Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, June 24, 2013 03:40 PM To: Overgaard, Angel CPT USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will Page 154 of 2169 01470 probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Sir, I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how Page 155 of2169 01471 about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. v/r MAJ Fein Page 156 of 2169 01472 From: Tooman, Joshua CPT USARMY (US) To: in A MA ARMY MDW An I PT ARMY MerQw, ,JgDean (dog) QPT LJSARMY LJSAMDW Whyle, ,1 Hunlgr QPT LJSARMY Ellen, Alexander (AIQQ) QPT LJSARMY MiIera, QPT LJSARMY (LJS) Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US) Subject: State Stips Date: Tuesday, June 25, 2013 6:32:13 PM All No issues with the changes to Pittman or Yun. We've got a couple on Pearce and Moore. For Moore, here are open source links for your consideration. s-capitol Josh Page 157 of 2169 01473 From: Fein, Ashden MAJ USARMY MDW (US) To: Th MA ARMY Tooman, (Joshua ,1 QPT USARMY .051 Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips-Janek Date: Tuesday, June 25, 2013 4:09:00 PM Gents, We should have most of the State stips completed in the next hour, with their edits. V/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Tuesday, June 25, 2013 2:59 PM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips-Janek All Do you have an estimated time of delivery on stipulations today? We are working out of the trailer this afternoon, but have other admin tasks to perform. Just want to make sure we have someone handy to take'em off your hands. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Tuesday, June 25, 2013 2:15 AM To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips-Janek Page 158 of 2169 01474 Gents, We received the anek pre-signed stip back from State. Prior to your client executing this stip, we have an updated version that will be available tomorrow morning. V/r MAJ Fein Page 159 of 2169 01475 From: Hurley, Thomas MAJ USARMY (US) To: Fain, MAJ USARMY MDW TQQman, (Joshua ,1 QPT USARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips-Janek Date: Tuesday, June 25, 2013 2:59:09 PM All Do you have an estimated time of delivery on stipulations today? We are working out of the trailer this afternoon, but have other admin tasks to perform. Just want to make sure we have someone handy to take'em off your hands. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Tuesday, June 25, 2013 2:15 AM To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips-Janek Gents, We received the anek pre-signed stip back from State. Prior to your client executing this stip, we have an updated version that will be available tomorrow morning. v/r MAJ Fein Page 160 of 2169 01476 From: Hurley, Thomas MAJ USARMY (US) To: Fein, Ashden MAJ USARMY MDW QVergaard, Angel QPT USARMY ngman, (Joshua QPT USARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Tuesday, June 25, 2013 10:38:11 AM MAJ Fein Unclassified paragraph 8 contains the sentence to be changed. The sentence currently begiins, "Types of authorities and Here's our proposed revision of the entire sentence: "Once a connection was made through the firewall, types of access and authorities were regulated, if at all, by the You will see that the only additional language in the new sentence is the parenthetical expression "if at all." I put this in an email to CPT V-E, but, for any matter that is considered time sensitive, please follow an email up with a call for me or Josh on our cell (Dave's smartphone allows him to receive emails.) Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 9:21 PM To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips MAJ Hurley, As a point of clarification. Please send if its unclas. If not we can come pick up the edit. Thanks. Original Message From: Hurley, Thomas MAJ USARMY (US) Page 161 of2169 01477 Sent: Monday, June 24, 2013 03:40 PM To: Overgaard, Angel CPT USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Sir, I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein Page 162 of 2169 01478 That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. Page 163 of 2169 01479 V/r MAJ Fein Page 164 of 2169 01480 From: Hurley, Thomas MAJ USARMY (US) To: vnEI Alxn AI PT ARMY Cc: Fein, Ashden MAJ USARMY MDW (US) Subject: RE: Telephonic with CDR AbouI-Enein (UNCLASSIFIED) Date: Tuesday, June 25, 2013 10:24:53 AM CPT V-E Thanks for the info. In the future, please call me with any time sensitive information. I won't bore you with my connectivity problems, but be assured they are legion. I have called the Commander and will try to get my questions answered today. Thanks again. MAJ Hurley From: von Elten, Alexander (Alec) CPT USARMY (US) Sent: Monday, June 24, 2013 10:05 PM To: Hurley, Thomas MAJ USARMY (US) Cc: Fein, Ashden MAJ USARMY MDW (US) Subject: Telephonic with CDR Aboul-Enein (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Sir, CDR Aboul-Enein is currently available at_ and is awaiting your phone call. Respectfully, Alec von Elten Page 165 of 2169 01481 CPT, JA Trial Counsel US. Army Military District of Washington Classification: UNCLASSIFIED Caveats: NONE Page 166 of 2169 01482 From: Fein, Ashden MAJ USARMY MDW (US) To: r Th MA ARMY TQQman, (Joshua LJSARMY .051 Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips-Janek Date: Monday, June 24, 2013 10:15:00 PM Gents, We received the anek pre-signed stip back from State. Prior to your client executing this stip, we have an updated version that will be available tomorrow morning. V/r MAJ Fein Page 167 of 2169 01483 From: Tooman, Joshua CPT USARMY (US) To: in A MA ARMY MDW ;David r Th FMA ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips - Murphy Date: Monday, June 24, 2013 5:35:52 PM No issues with this. The client will sign in the AM. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 4:58 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips - Murphy Gents, Since our email this morning about Murphy, we checked with State Who forwarded the final proposal to Mr. Murphy. Attached are his accuracy changes. V/r MAJ Fein Page 168 of 2169 01484 From: Fein, Ashden MAJ USARMY MDW (US) To: r Th MA ARMY Overgaard, Angel QPT USARMY Tooman, (Joshua ,1 QPT USARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Date: Monday, June 24, 2013 5:21 :09 PM MAJ Hurley, As a point of clarification. Please send if its unclas. If not we can come pick up the edit. Thanks. Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, June 24, 2013 03:40 PM To: Overgaard, Angel CPT USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Sir, Page 169 of 2169 01485 I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Page 170 of 2169 01486 Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 171 of2169 01487 From: Fein, Ashden MAJ USARMY MDW (US) To: Th FMA ARMY ;Qvergaard Angel PT ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Monday, June 24, 2013 5:09:00 PM MAJ Hurley, As for Mundy, could you please send us the full paragraph that is changed. Based on this email and your handwritten notes, we are confused. Thank you. V/r MAJ Fein From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 5:05 PM To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Hurley, Everything below is accurate. We are still working on setting a time for your phone call with CDR A-E and I just email about Murphy. V/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, June 24, 2013 3:40 PM To: Overgaard, Angel CPT USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. Page 172 of 2169 01488 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Sir, I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Page 173 of 2169 01489 Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. v/r MAJ Fein Page 174 of 2169 01490 From: Fein, Ashden MAJ USARMY MDW (US) To: r Th MA ARMY QVergaard, Angel USARMY Tooman, (Joshua ,1 (PT USARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Monday, June 24, 2013 5:05:00 PM MAJ Hurley, Everything below is accurate. We are still working on setting a time for your phone call with CDR A-E and I just email about Murphy. v/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, June 24, 2013 3:40 PM To: Overgaard, Angel CPT USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Page 175 of 2169 01491 Subject: Re: Stips Sir, I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. Page 176 of 2169 01492 From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 177 of 2169 01493 From: Fein, Ashden MAJ USARMY MDW (US) To: "David r Th MA ARMY PT ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips - Murphy Date: Monday, June 24, 2013 4:57:00 PM Attachments: 130624 of Expected Testimony Gents, Since our email this morning about Murphy, we checked with State Who forwarded the final proposal to Mr. Murphy. Attached are his accuracy changes. V/r MAJ Fein Page 178 of 2169 01494 From ?_r_iusmw us To: USARMY USAMDW (US) Cc: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Morrow JoDean (Joe) CPT USARMY USAMDW Fein, Ashden MAJ USARMY MDW (US) Subject: RE: Request for additional funding request for (Nberagents Trent Struttmann (UNCLASSIFIED) Date: Monday, June 24, 2013 4:37:38 PM Attachments: Re uest for additional fundin re uest for bera ents Inc. dated. df Attachment Fundin Re uest. df Attachment Contract-Expert Witness Forensics Defense Forensic Invoicespdf Classification: UNCLASSIFIED Caveats: NONE Attached is the resubmission 0f the request for additional funding. Please advise the Defense on any additional information needed. Thank you. ssa? From: USARMY USAMDW (US) Sent: Monday, June 24, 2013 10:29 AM To: USARMY Fein, Ashden MAJ USARMY MDW (US) Cc: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW (US) Subject: RE: Request for additional funding request for Cyberagents Inc.- Trent Struttmann (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE ssa- Please look at a prior submitted request for funding. The latest request submitted by the defense team does not follow this format and it must. I need to be able to account for all expenditures up to date and an accurate forecast of future expenditures. In your latest request, you estimate you need approximately of additional funding for your experts. However based on your request and accounting of the existing contract, I'm not certain if this is "additional" or just what is expected to be spent from now until the end of the trial. Please make sure you look at the existing contract, the money spent, and the money left over when making your request. Please let me know if you have any questions. Thank you very much. v/r, (6 Page 179 of 2169 01495 A gal Administrator FHQ-NCR, MDW The information contained in this email and any accompanying attachments may contain Freedom of Information Act protected information, including attorney-client or attorney work product privileged information. This information may not be released outside of the Department of Defense Without prior authorization from the Office of The Judge Advocate General, Department of the Army. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is prohibited. If you received this email in error, please notify this office immediately by return email (see 5 U.S.C. 552 and Army Regulations 25-55 and From: USARMY (US) Sent: Wednesday, June 19, 2013 12:17 PM To: Fein, Ashden MAJ USARMY MDW (US) Cc: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW USARMY USAMDW (US) Subject: Request for additional funding request for Cyberagents Inc.- Trent Struttmann (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Good Afternoon, Attached is the request for additional Funding for the Defense computer forensics expert. Please advise the Defense on any additional information needed. Thank you. Classification: UNCLASSIFIED Page 180 of 2169 01496 Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Page 181 of2169 01497 From: Hurley, Thomas MAJ USARMY (US) To: An I PT ARMY Fein, Ashden USARMY MDW Tooman, (Joshua QPT USARMY 415); Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Monday, June 24, 2013 3:40:03 PM All Just to summarize our earlier 1. #23 and #107 are with OGA. 2. anek and Murphy will be signed by the client and myself tomorrow morning prior to court. 3. When you OK the change to Mundy (adding "if at all" to the "access and authorities are managed by the sentence), we will print and have the client sign tomorrow morning. If you don't OK, then I guess we will talk more about it. 4. I have finished with my changes to CDR A-E's stip. Once I speak to the guy, I will finalize and send to you. (FWIW, I have about 10 questions.) talk to him today, you will have the doc NLT 0800 tomorrow. I will probably need no longer than an hour if the interview occurs at any other time. 5. Benthal will not be called by the Government as a witness. 6. You have forwarded nine stips to for their review. (Nine because we have two for Seche.) There are no other stipulations out there. Right? Thanks. MAJ Hurley From: Overgaard, Angel CPT USARMY (US) Sent: Saturday, June 22, 2013 12:48 AM To: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Re: Stips Sir, I'll be in the conference room to the left when you walk through the double glass doors. See you tomorrow at 1030. Angel Original Message From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:58 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Page 182 of 2169 01498 MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in Page 183 of 2169 01499 reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 184 of 2169 01500 From: Hurley, Thomas MAJ USARMY (US) To: USARMY USAMDW in A MA ARMY MDW USARMY PT ARMY Subject: RE: Stips delivery (UNCLASSIFIED) Date: Monday, June 24, 2013 2:00:03 PM Acknowledged. Thanks. MAJ Hurley From: USARMY USAMDW (US) Sent: Monday, June 24, 2013 2:37 PM To: USARMY USAMDW Fein, Ashden MAJ USARMY MDW USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Subject: RE: Stips delivery (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE All, Correction to my last email: The latest batch included Janek, Mundy, and Seche. Thank you. alegal NCO JFHQ-NCR, MDW From: USARMY USAMDW (US) Sent: Monday, June 24, 2013 10:28 AM To: Fein, Ashden MAJ USARMY MDW USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Subject: Stips delivery All, The latest batch of stips has been delivered to the Defense. Thank you. Classification: UNCLASSIFIED Page 185 of2169 01501 Caveats: NONE Page 186 of 2169 01502 From: Fein, Ashden MAJ USARMY MDW (US) To: r Th FMA ARMY ;TQQman, ,(gehue ,1ng David Cc: USARMY us Morrow JoDean Joe CPT USARMY USAMDW us Over aard An el CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Date: Monday, June 24, 2013 9:36:00 AM MAJ Hurley, Thank you. Do we have the second Seche stipulation as well? We will send these over this morning to start the 3 duty day clock. We will send the copy of Murphy that I attached below and the Mundy and anek stips we have as well (they are classified). We will coordinate a meeting with CDR A-E and CPT von Elten, separately. How about 1300 today with CPT von Elten? V/r MAJ Fein From: Hurley, Thomas MAJ USARMY (US) Sent: Monday, June 24, 2013 9:34 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips MAJ Fein Thanks for the update. I dropped off the stips to CPT Mitroka_ around 0900 this morning. Please send the latest versions of anek and Mundy. We can't find them in our email. We saw no issues with the latest edition of Murphy. We should be able to get the client to sign all of those tomorrow morning prior to court. #23 and #107 are with OGA now? That's great. I figured we might have to hash out some of that language before they were sent. I would still like to speak with CDR A-E and CPT Von Elten about CDR A-E's stipulation. Probably best if CPT V- and I speak face-to-face (b/c of the potential necessity to discuss classified info), but I can speak with CDR A-E over the phone. The order doesn't really matter. Page 187 of 2169 01503 Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 1:10 PM To: Tooman, Joshua CPT USARMY Hurley, Thomas MAJ USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Gents, Good morning. Below is an update on the stipulations and best viewed in HTML format. On Friday, during our SHARP training I made a mistake with the proposed draft for the Murphy stip and it was caught this weekend. Please see attached edits. For Mundy and anek, our last communication was from you saying they were ?good to go? (see below). Do you need another copy or do you have the most recent? Johnson and Wisecarver both told us they do not agree with the defense?s language in their stipulation, so we will plan on calling them as witnesses and will schedule them for later this week. Once we receive the signed stipulations this morning, we will forward them to the Department for review. Please bring them over as soon as possible so we can take them to get scanned. Dr. Johnson, Glen no stipulation Mr. Wisecarver no stipulation AMB Pearce 23-Jun (Signed and waiting for return) AMB Seche 23-Jun - SPLIT into 2 Stips (Signed and waiting for return) AMB Yamamoto Page 188 of 2169 01504 23-Jun (Signed and waiting for return) Mr. Yun 23-Jun (Signed and waiting for return) Mr. Feeley 23-Jun (Signed and waiting for return) Mr. Moore 23-Jun (Signed and waiting for return) AMB Yavonovitch 23-Jun (Signed and waiting for return) Mr. Pittman 23-Jun (Signed and waiting for return) Mr. Murphy 24-Jun (back to defense for technical clarification) Mr. anek 19-Jun (waiting for return) Mr. Mundy 19-Jun (waiting for return) #23 21-Jun (waiting on OGA) #107 21-Jun (waiting on OGA) CDR Aboul-Enein 17-Jun Thank you. V/r MAJ Fein Page 189 of 2169 01505 From: Tooman, Joshua CPT USARMY (US) Sent: Wednesday, June 19, 2013 2:44 PM To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Sir 1. Murphy. Attached with comments. 2. Janek. Good to go. 3. Mundy. GTG. 4. Our review is complete and we are updating the files with our comments. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Tuesday, June 18, 2013 5:31 PM To: Hurley, Thomas MAJ USARMY David Coombs; Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: Stips Gents, We finished the following stipulations: Page 190 of 2169 01506 1. Seche 2. Feeley 3. Mundy 4. Janek 5. #23 6. #107 7. Murphy Attached is Murphy. We have Seche, Feeley, Mundy, and anek on a classified CD ready for delivery. We sent #23 and #107 to their organization for review and should have back in a day or so. For Mundy and anek, we accepted all the changes you made, and added a few edits based on their feedback. We still do not have an answer on Wisecarver and Johnson, G. But for these two, we are not tracking any more stipulations in our control. The defense has the rest and we are standing by for feedback. V/r MAJ Fein Page 191 of2169 01507 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW Tooman, ,(gehue QPT USARMY David mgmpe Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Date: Monday, June 24, 2013 9:34:04 AM MAJ Fein Thanks for the update. I dropped off the DOS stips to CPT Mitroka_ around 0900 this morning. Please send the latest versions of anek and Mundy. We can't find them in our email. We saw no issues with the latest edition of Murphy. We should be able to get the client to sign all of those tomorrow morning prior to court. #23 and #107 are with OGA now? That's great. I figured we might have to hash out some of that language before they were sent. I would still like to speak with CDR A-E and CPT Von Elten about CDR A-E's stipulation. Probably best if CPT V- and I speak face-to-face (b/c of the potential necessity to discuss classified info), but I can speak with CDR A-E over the phone. The order doesn't really matter. Thanks. MAJ Hurley From: Fein, Ashden MAJ USARMY MDW (US) Sent: Monday, June 24, 2013 1:10 PM To: Tooman, Joshua CPT USARMY Hurley, Thomas MAJ USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Gents, Page 192 of 2169 01508 Good morning. Below is an update on the stipulations and best Viewed in HTML format. On Friday, during our SHARP training I made a mistake with the proposed draft for the Murphy stip and it was caught this weekend. Please see attached edits. For Mundy and anek, our last communication was from you saying they were ?good to go? (see below). Do you need another copy or do you have the most recent? Johnson and Wisecarver both told us they do not agree with the defense?s language in their stipulation, so we will plan on calling them as witnesses and will schedule them for later this week. Once we receive the signed stipulations this morning, we will forward them to the Department for reView. Please bring them over as soon as possible so we can take them to get scanned. Dr. Johnson, Glen no stipulation Mr. Wisecarver no stipulation AMB Pearce 23-Jun (Signed and waiting for return) AMB Seche 23-Jun - SPLIT into 2 Stips (Signed and waiting for return) AMB Yamamoto 23-Jun (Signed and waiting for return) Mr. Yun 23-Jun (Signed and waiting for return) Mr. Feeley 23-Jun (Signed and waiting for return) Mr. Moore 23-Jun (Signed and waiting for return) AMB Yavonovitch 23-Jun (Signed and waiting for return) Mr. Pittman 23-Jun (Signed and waiting for return) Page 193 of 2169 01509 Mr. Murphy 24-Jun (back to defense for technical clarification) Mr. anek 19-Jun (waiting for return) Mr. Mundy 19-Jun (waiting for return) #23 21-Jun (waiting on OGA) #107 21-Jun (waiting on OGA) CDR Aboul-Enein 17-Jun Thank you. V/r MAJ Fein From: Tooman, Joshua CPT USARMY (US) Sent: Wednesday, June 19, 2013 2:44 PM To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Sir 1. Murphy. Attached with comments. Page 194 of 2169 01510 2. Janek. Good to go. 3. Mundy. GTG. 4. Our review is complete and we are updating the files with our comments. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Tuesday, June 18, 2013 5:31 PM To: Hurley, Thomas MAJ USARMY David Coombs; Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: Stips Gents, We finished the following stipulations: 1. Seche 2. Feeley 3. Mundy 4. Janek 5. #23 6. #107 7. Murphy Attached is Murphy. We have Seche, Feeley, Mundy, and anek on a classified CD ready for delivery. We sent #23 and #107 to their organization for review and should have back in a day or so. For Mundy and anek, we accepted all the changes you made, and added a few edits based on their feedback. Page 195 of2169 01511 We still do not have an answer on Wisecarver and Johnson, G. But for these two, we are not tracking any more stipulations in our control. The defense has the rest and we are standing by for feedback. V/r MAJ Fein Page 196 of 2169 01512 From: Fein, Ashden MAJ USARMY MDW (US) To: TQQman, r Th FMA ARMY ;David Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Bcc: Subject: RE: Stips Date: Monday, June 24, 2013 9:10:00 AM Attachments: 130624 of Expected Testimony I mportance: High Gents, Good morning. Below is an update on the stipulations and best Viewed in HTML format. On Friday, during our SHARP training I made a mistake with the proposed draft for the Murphy stip and it was caught this weekend. Please see attached edits. For Mundy and anek, our last communication was from you saying they were ?good to go? (see below). Do you need another copy or do you have the most recent? Johnson and Wisecarver both told us they do not agree with the defense?s language in their stipulation, so we will plan on calling them as witnesses and will schedule them for later this week. Once we receive the signed stipulations this morning, we will forward them to the Department for reView. Please bring them over as soon as possible so we can take them to get scanned. Dr. Johnson, Glen no stipulation Mr. Wisecarver no stipulation AMB Pearce 23-Jun (Signed and waiting for return) AMB Seche 23-Jun - SPLIT into 2 Stips (Signed and waiting for return) AMB Yamamoto 23-Jun (Signed and waiting for return) Mr. Yun 23-Jun (Signed and waiting for return) Mr. Feeley Page 197 of 2169 01513 23-Jun (Signed and waiting for return) Mr. Moore 23-Jun (Signed and waiting for return) AMB Yavonovitch 23-Jun (Signed and waiting for return) Mr. Pittman 23-Jun (Signed and waiting for return) Mr. Murphy 24-Jun (back to defense for technical clarification) Mr. anek 19-Jun (waiting for return) Mr. Mundy 19-Jun (waiting for return) #23 21-Jun (waiting on OGA) #107 21-Jun (waiting on OGA) CDR Aboul-Enein 17-Jun Thank you. V/r MAJ Fein From: Tooman, Joshua CPT USARMY (US) Sent: Wednesday, June 19, 2013 2:44 PM To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY DaVid Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Page 198 of 2169 01514 Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: RE: Stips Sir 1. Murphy. Attached with comments. 2. Janek. Good to go. 3. Mundy. GTG. 4. Our review is complete and we are updating the files with our comments. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Tuesday, June 18, 2013 5:31 PM To: Hurley, Thomas MAJ USARMY David Coombs; Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY USARMY USAMDW (US) Subject: Stips Gents, We finished the following stipulations: 1. Seche 2. Feeley 3. Mundy Page 199 of 2169 01515 4. Janek 5. #23 6. #107 7. Murphy Attached is Murphy. We have Seche, Feeley, Mundy, and anek on a classified CD ready for delivery. We sent #23 and #107 to their organization for review and should have back in a day or so. For Mundy and anek, we accepted all the changes you made, and added a few edits based on their feedback. We still do not have an answer on Wisecarver and Johnson, G. But for these two, we are not tracking any more stipulations in our control. The defense has the rest and we are standing by for feedback. V/r MAJ Fein Page 200 of 2169 01516 From: Hurley, Thomas MAJ USARMY (US) To: Fein, Ashden MAJ USARMY MDW Tooman, (Joshua QPT USARMY rm rmrilfn.m" Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY Whyte, Hunter CPT USARMY Subject: RE: Tomorrow Date: Sunday, June 23, 2013 2:17:27 PM MAJ Fein I didn't see this until today. I hope it wasn't too inconvenient to meet with us when you did. Can CPT Overgaard or CPT Von Elten call me? We have a question about the stip for Mr. Seche. Thanks. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Saturday, June 22, 2013 7:20 PM To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY 'coombs armycourtmartialdefense.com' Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY Whyte, Hunter CPT USARMY (US) Subject: Tomorrow Gents. I spoke with Angel about your meeting today and the plan for tomorrow. Is it possible to meet you at mcnair either at 0900 or 1300? Tomorrow morning the entire OSJ A and most of our team are assisting Chieilgs family with their PCS move packout because their movers cancelled their packout. The start time for the mo 1000. I can meet you at 0900 to hand off the CD or afterwards so that I can assist in the move. My BB number is_ if you need to call. Page 201 of 2169 01517 From: Fein Ashden MAJ USARMY MDW US To: Hurley, Thomas MAJ LJSARMY TQQman, (Joshua ,1 QPT LJSARMY rm rmrilfn.m" Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY Whyte, Hunter CPT USARMY Subject: Tomorrow Date: Saturday, June 22, 2013 3:20:17 PM Gents. I spoke with Angel about your meeting today and the plan for tomorrow. Is it possible to meet you at mcnair either at 0900 or 1300? Tomorrow morning the entire OSJ A and most of our team are assisting Chie 's family with their PCS move packout because their movers cancelled their packout. The start time for the mov%1000. I can meet you at 0900 to hand off the CD or afterwards so that I can assist in the move. My BB number is_ if you need to call. Page 202 of 2169 01518 From: Fein, Ashden MAJ USARMY MDW (US) To: TQQman ,(ggmta David Th FMA ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 3:12:00 PM Gents, We are working to finalize our edits of the State stips we received yesterday and today and will likely be able to get them to you in the next hour. That should give you some time to review and be ready to discuss with Angel tomorrow morning at 1030 at McNair. We are reserving the courtroom or deliberation room on the third floor of the OSJ A for the meeting. v/r MAJ Fein From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. v/r Page 203 of 2169 01519 MAJ Fein Page 204 of 2169 01520 From: Fein, Ashden MAJ USARMY MDW (US) To: TQQman ,(gemta David Th FMA ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 11:21 :00 AM Attachments: 130621 (1121 )-Stigu ation of Expected Testimony Gents, Murphy attached. We accepted all changes and made one edit. v/r MAJ Fein From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. v/r MAJ Fein Page 205 of 2169 01521 Page 206 of 2169 01522 From: Fein, Ashden MAJ USARMY MDW (US) To: TQQman ,(gemta David Th FMA ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 11:21 :00 AM Attachments: 130621 (1121 )-Stigu ation of Expected Testimony Gents, Murphy attached. We accepted all changes and made one edit. v/r MAJ Fein From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. v/r MAJ Fein Page 207 of 2169 01523 Page 208 of 2169 01524 From: Fein, Ashden MAJ USARMY MDW (US) To: Th FMA ARMY ;ngman (henna David mgmhe Cc: USARMY us Morrow JoDean Joe CPT USARMY USAMDW us Over aard An el CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 11:00:00 AM We are in the courtroom right now in the SHARP training. I will send someone out to get the stips from you with a bag. From: Hurley, Thomas MAJ USARMY (US) Sent: Friday, June 21, 2013 10:59 AM To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY David Coombs Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. Page 209 of 2169 01525 We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 210 of2169 01526 From: Hurley, Thomas MAJ USARMY (US) To: in A MA ARMY MDW ngman ,(gghha QPT USARMY David mgmha Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 10:58:51 AM MAJ Fein That sounds good. We've got the client this afternoon. What stips are complete enough that can we have him review today? We are in the trailers now. Thought everyone was in SHARP training. Let us know when we can come by with the other stips. v/r t??l From: Fein, Ashden MAJ USARMY MDW (US) Sent: Friday, June 21, 2013 2:45 PM To: Tooman, Joshua CPT USARMY David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Page 211 of2169 01527 Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 212 of2169 01528 From: Fein, Ashden MAJ USARMY MDW (US) To: TQQman ,(ggmta David Th FMA ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 10:45:00 AM Gents. Thanks. We are still reviewing the others and will start and finish these tonight. Our goal is to get all these finalized by COB Sunday so we can send them to the Organizations for final review. With that being said, how about meeting at McNair tomorrow at 1030 to finalize these? From: Tooman, Joshua CPT USARMY (US) Sent: Friday, June 21, 2013 10:03 AM To: Fein, Ashden MAJ USARMY MDW David Coombs; Hurley, Thomas MAJ USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. v/r MAJ Fein Page 213 of2169 01529 Page 214 of2169 01530 From: Tooman, Joshua CPT USARMY (US) To: Fem, Aehgen USARMY MDW David r Th MA ARMY Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips Date: Friday, June 21, 2013 10:03:15 AM Attachments: Murphy Stip.docx Murphy is attached. We tweaked the last paragraph per our convo yesterday. We will bring over Seche and the OGA stips this morning. From: Fein, Ashden MAJ USARMY MDW (US) Sent: Thursday, June 20, 2013 1:10 PM To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US) Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: Stips Gents, Attached is Murphy. We accepted your changes, and made a few more edits. We did not "accept" the last paragraph because it appears to be inaccurate. As for Johnson and Wisecarver- we spoke to both of them and they do not agree with the defense's proposed edits in reference to "express and implied". We can probably setup a time tomorrow for a defense and prosecution team member to call each of them to discuss the stipulation and receive clarification on any points together. V/r MAJ Fein Page 215 of2169 01531 From: David Coombs To: Fem, Ashden USARMY MDW Hurley, Thomas USARMY Tooman, ,(gehue QPT USARMY .051 Cc: USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US) Subject: RE: Stips-Update Date: Thursday, June 20, 2013 7:01:59 PM Attachments: 130620 (1745) Stipulation of Expected Testimony (JohnsonG).docx 130620 (1745) Stipulation of Expected Testimony (WisecarverC).docx Ashden, I have attached the stips that the Defense would be willing to sign for Wisecarver and Johnson. Please let us know if one or both are acceptable to the Government. If not, then the Defense will not stipulate to that witness's testimony. Best, David David E. Coombs, Esq. Law Office of David E. Coombs 11 South Angell Street, #317 Providence, RI 02906 Toll Free: 1-800-588-4156 Local: (508) 689-4616 Fax: (508) 689-9282 coombs armycourtmartialdefense.com >l<>l<>l