UNITED STATES OF AMERICAManning, Bradley E.PFC, U.S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211RELEVANCE AND NON-HEARSAYPURPOSE FOR FACTS TOBE JUDICIALLY NOTICED28 June 2013The United States provides the following statement to the defense and Court in support ofits request forjudicial notice of certain adjudicative facts:Julian Assange was located in Iceland in February of 2010 and working on the IcelandicModern Media Initiative. See AE 472.[ihe Government has presented evidence that PFC Manning searched on Intelink for"Iceland" and "wikileaksj" The defense stipulated to this fact during the testirnony of Mr. ChadMadaras. ^he Government presented evidence that PFC Manning searched the Open SourceCenter for "Iceland" and "wikileaks" on 20 February 20IC^. [The Government presented evidencethat PFC Manning and the "pressassociation" account - associated with Julian Assange discussed topics related to WikiLeaks, the Icelandic Modem Media Initiative (IMMI), andIceland generally in the March 2010 timeframe] This fact is relevant as it provides context to thenature of the chats between PFC Manning and "pressassociation." This fact is also relevant toPFC Manning's knowledge and relationship to WikiLeaks and Assange, and whether PFCManning acted "wantonly" and "caused to be published" intelligence information on the internet,two elements of Specification 1 of Charge I I .Comment [ A l ] : PE 81 at lines 78, 185,324, 327,328, 341. The United States can provide additionalline references if needed.-•(Comment [A2]; Testimony of SA ShaverComment [A3]: PE 123 at I (21:09:27), 3(07:20:54), 4 (06:05:22), 5 (06:16:34), 8 (06:04:02),9(21:10:31).That LTC Lee Packnett was quoted in a New York Times article, dated 18 March 2010. Inthis instance, judicial notice is conditional upon relevance and a non-hearsay or hearsayexception usage. See AE 472.[rhe Government presented evidence that PFC Manning and Julian Assange discussedLTC Packnett being quoted in a New York Times article in the March 2010 timefram^. This factis relevant as it provides context to the nature of the chats between PFC Manning and"pressassociation." The date of the New York Times article is not hearsay as it is not astatement. The fact that the article exists and that LTC Packnett is quoted is not hearsay as it isnot a statement. This adjudicative fact is relevant to PFC Manning's knowledge and relationshipwith WikiLeaks and Assange, facts that tend to show that PFC Manning acted "wantonly" and"caused to be published" intelligence information on the internet, two elements of Specification1 ofCharge II.That a New Yorker profile of Julian Assange, titled "No Secrets: Julian Assange's Missionfor Total Transparency" exists and was dated 7 June 2010. In this instance, judicial noticeis conditional upon relevance and a non-hearsay or hearsay exception usage. See AE 472.APPELLATE EXHIBilPAGE REFERENCED:PAGEOFPAGES'-{ Comment [A4]: PE 123 at 12 (08:42:06)^he Government presented evidence that PFC Manning and Mr.AdrianLat^odisct^ssedaNewYorker profile of Julian Assange in late May 2010^. The fact that PFC Manningknewabout the NewYorker article prior to the date of publication is relevant to show the extent ofPFC Manning'sknowledge and relationship withWikiLeaks and Assange, facts that are relevantto whether PFC Manning "caused to be published" intelligence information on the internet, anelement ofSpeci^cationlof Charge IL The date of the NewYorker profile ofJulian Assange(7June20I0)isnothearsayasitisnotastatement.' • P ' ^ _/W