Title: Volume FOIA 005

Release Date: 2014-03-20

Text: 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DD FORM 490, MAY 2000 PREVIOUS EDITION IS OBSOLETE Front Cover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:
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DATE RECEIVED ACTION OFFICEISI SUSPENSE DATEISI REGISTER OR CONTROL NO.
CONTROL LOG CLASSIFI- NUMBER DESCRIPTION Hie Ra?. Uncims??ed Subject DATE OF I ORIGJNATDH
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1.
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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.
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PAGE OR COPY NUMBER DATE FRINTE WE OF WWSSING OFFICIAL
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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



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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
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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

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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

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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

Sgnc%% Time (Cogs?Eats I EZIJQ ggn?f?)

Open Hearing Checklist



Classified display laptop (if used) is disconnected and secured.



Secured all classified material from the MJ Support Paralegal.



Secured all classi?ed material from the TC.



Secured all classi?ed material from the DC.



MJ unclassified summary contains no classified information.



Secured all classified material from the NH.



The courtroom safe is locked.







Unclassi?ed recording equipment is in place.



1 HA
2115/
?i



Signed

44d

I



Dat

I



Closed Hearing Checklist





All spectators have been cleared out of the courtroom.



Ali 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.

fix



Classified recording equipment is in place and operational.





Audio and video feed to the M00 and the theater has been severed.







Time 5? Date 2 240222013
/r?l



Open Hearing Checklist



Classified display laptop (if used) is disconnected and secured.



Secured all classi?ed material from the MJ Support Paralegal.



Secured all classi?ed material from the TC.



Secured all classified material from the DC.



MJ unclassi?ed summary contains no classi?ed information.



Secured all classified material from the MU.



The courtroom safe is locked.





Unclassified recording equipment is in place.



(Cf/l?





d_
Signed/ li?ll TimeG?gQV'? Datef) 2mg},



Closed Hearing Checklist



01304



All spectators have been cleared out of the courtroom.

r'

1?

i)



All remaining personnel possess a valid. SJA-issued security badge.


3.2.42?,



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.

(12/77





Audio and video feed to the M00 and the theater has been severed.



A











,7
1M


Time (0 Date Co Add; 20/3

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Secured all classified material from the TC.


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is.




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Secured all classi?ed material from the NH.



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a




Time 1315': Date My}







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and Defense security experts.



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I Time at 0 Date f9ch 2033






Classified displayr laptop (if used) is disconnected and secured.

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Time@ Date 7 .3



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and Defense security experts.

All trailers with a courtroom feed have been checked by the Government



Guards are posted outside courtroom entrances. (Q



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Audio and Video feed to the M00 and the theater has been severed. 1
-

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Time Dete 7 ?063 70/ 3





01309



Open Hearing Checklist 0
if?!

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Secured all classified material from the NIJ Support Paralegal.



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NIJ unclassi?ed summary contains no classi?ed information.



Secured all classi?ed material from the MJ. (M



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Signe Time N2 Date 7 ?ag 2M3

Closed Hearing Checklist






All spectators have been cleared out of the courtroom.
,7
All remaining personnel possess a valid, SJA?issued security badge. [5



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. 0
Audio and video feed to the M00 and the theater has been severed.
A





Signe I i Time Date 7/9'1/6 ?Ev/3



Open Hearing Checklist



Classified display laptop (if used) is disconnected and secured.



Secured all classi?ed material from the MJ Support Paralegal.





Secured all classified material from the DC.

(MK)
V7
Secured all classi?ed material from the TC.




MJ unclassified summary contains no classified information.





Secured all classi?ed material from the MU. W42







Vi ..
The courtroom safe is locked.


PK

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Signs Time Date 8




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. 0



.
Guards are posted outside courtroom entrances.




C3

Classi?ed recording equipment is in place and operational.



Audio and video feed to the M00 and the theater has been severed.










Open Hearing Checkiist



Classified display laptop (if used) is disconnected and secured.


"x
3'3



Secured all classi?ed material from the NM Support Paralegal.



?35



Secured all classi?ed material from the TC.



Secured all classified material from the DC.


"3



MJ unclassified summary contains no classified information.



Secured all classi?ed material from the MJ.



The courtroom safe is locked.





Unclassified recording equipment is in place.





8.42%


Time 1 33 Date?u HUG 3,2375



Closed Hearing Checklist



All spectators have been cleared out of the courtroom.

so
MO



All remaining personnel possess a valid, SJA?issued security badge.






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and Defense security experts.



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CW)
(W

.5.



Classified recording equipment is in place and operational.







Audio and video feed to the M00 and the theater has been severed.



70V







g7


Time/53 S?Dateg ?06 dis/3



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01315



Classified display laptop (if used} is disconnected and secured.



Secured all classified material from the MJ Support Paralegal.


3



Secured all classified 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 NH.





The courtroom safe is locked.

(Qt/7)





Unclassified recording equipment is in place.







SW

S'gned>% 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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Monday, August 19, 2013 7:27 PM

To: David Coombs

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: Authentication Plan

Defense-

Attached is our proposed authentication plan. Please let me know if you
have an issues. Thanks!

v/r
Ashden

Page 6 of 2169

01322

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: Omnibus Seal Order

Date: Monday, August 19,2013 7:40:40 PM
Attachments: 130820-Omnibus Seal Order.docx
Ashden,

No issues with the Order. I did make formatting changes in the apostrophes
and quotations.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, August 19, 2013 7:24 PM

To: David Coombs

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: Omnibus Seal Order
David,

Attached is our draft seal order. Please let us know if you have any
issues.

Thanks!

v/r
Ashden

Page 7 of 2169

01323





From: Fein, Ashden MAJ USARMY MDW (US)

To: vi

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: Authentication Plan

Date: Monday, August 19, 2013 7:27:00 PM

Attachments: 130820-Authentication Plan.docx

Defense-

Attached is our proposed authentication plan. Please let me know if you have an issues. Thanks!

V/r
Ashden

Page 8 of 2169

01324





From: Fein, Ashden MAJ USARMY MDW (US)

To: vi

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: Omnibus Seal Order

Date: Monday, August 19, 2013 7:23:00 PM

Attachments: 130820-Omnibus Seal Order.docx

David,

Attached is our draft seal order. Please let us know if you have any issues.

Thanks

V/r
Ashden

Page 9 of 2169

From: David Coombs
To: in A MA ARMY MDW
Cc: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT

01325

USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY USARMY (US)



Subject: RE: PTC Count
Date: Monday, August 19,2013 7:20:03 PM
Ashden,

I agree with your calculation.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Monday, August 19, 2013 6:51 PM

To: David Coombs

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: PTC Count

David,

For tomorrow's session, I count that PFC Manning has been in PTC for 1,181
days and gets 112 days additional credit, for a total as of tomorrow of

1,293 days.

Please verify. Thanks!

v/r
Ashden

Page 10 of2169

01326

From: Fein, Ashden MAJ USARMY MDW (US)
To: vi
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: PTC Count
Date: Monday, August 19, 2013 6:51:00 PM
David,

For tomorrow's session, I count that PFC Manning has been in PTC for 1,181 days and gets 112 days additional
credit, for a total as of tomorrow of 1,293 days.

Please verify. Thanks!

V/r
Ashden

Page 11 of2169

01327



From: David Coombs

To: vr An IM PT ARMY mn PT ARMY ;FinAh
M;Mrrw PT ARMY AMDW ;vnE nAIxn PT ARMY
MiIera, Katharina QPT USARMY (its); USARMY (US)

Cc: Hurley, Thomas MAJ USARMY USARMY (US)

Subject: RE: Judicial Notice (UNCLASSIFIED)

Date: Friday, August 16,2013 5:05:08 PM

Angel,

We do not have any issues with your changes. Have a good weekend.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is


From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, August 16, 2013 3:35 PM

To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW
Morrow, oDean (Joe) CPT USARMY USAMDW von Elten, Alexander
(Alec) CPT USARMY Mitroka, Katherine CPT USARMY

- USARMY (US)
Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY

USARMY (US)
Subject: Judicial Notice (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Defense,
Can you please verify the attached before I send it to the MJ as the final
accounting of Judicial Notice? In addition to the changes we discussed

today I made the following changes:

1. Added Defense IED JN 18 and 19)

Page 12 of2169

2. Deleted the sentences in 15-17 that read "In this instance, judicial
notice is conditional on a relaxation of the rules." We conceded the
existence of the articles and the rules were never relaxed.

3. Deleted "That an interview described on entitled "Biden on Start,
WikiLeaks" exists." This was conditional on the defense providing the Court
with the date of this interview. As far as I know, the date was not

provided, but please let me know if I'm wrong.

4. Added to #21 - "The entire book was admitted as PE 186."
Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Classification: UNCLASSIFIED
Caveats: NONE

Page 13 of2169

01328

01329



From: Tooman, Joshua CPT USARMY (US)

To: An I PT ARMY in A MA ARMY MDW MerQw, ,Jngan (,Jgg) QPT
LJSARMY LJSAMDW von Eugn, Algxanggr (Algg) QPT LJSARMY MiIera, QPT LJSARMY
.051;

Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US)

Subject: Stip

Date: Friday, August 16, 2013 10:04:08 AM

Angel

Would you please make the stip for my signature Vice MAJ Other than that, I don't see any issue with it.

Thanks!



Josh

Page 14 of2169

01330

From: Fein, Ashden MAJ USARMY MDW (US)

To: PT ARMY

Cc: Hurley, Thomas MAJ USARMY USARMY
Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten
Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY
USARMY Ft McNair Mailbox MDW Court Reporters -
USARMY HQDA OTJAG (US) (6)

Subject: RE: Defense Judicial Notice

Date: Monday, August 12, 2013 8:59:00 PM





Josh,

Thanks. I am reaching out to Mr. - to talk to him about this. His name has been released in collateral
matters, but not necessarily associated with being the "Fort Leavenworth Witness," so I would like to let him know
and see what actual impact this will cause.

v/r
MAJ Fein

From: Tooman, Joshua CPT USARMY (US)
Sent: Monday, August 12, 2013 8:12 PM
To: Fein, Ashden MAJ USARMY MDW (US)
Cc: Hurley, Thomas MAJ USARMY
USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY -
USARMY USARMY Ft McNair Mailbox MDW Court Reporters

USARMY HQDA OTJAG (US)

Subject: RE: Defense Judicial Notice
Government

Attached is the updated first page for DE B. You all have the final version of this stip and only sent us a .pdf. I
believe this should read the same as the actual exhibit, but please verify.

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 5:01 PM

To: Lind, Denise COL USARMY (US)

Cc: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka,
Katherine CPT USARMY USARMY USARMY Ft McNair Mailbox
MDW Court Reporters USARMY HQDA
OTJAG (US)

Subject: Defense Judicial Notice

Ma'am,

The United States does not object to the Court taking judicial notice of these two news articles, for the defense's
proffered purpose of showing "these quotes were uttered and appeared in the article" and not for the truth of the
matter asserted.

v/r
MAJ Fein

Page 15 of2169

01331





From: Tooman, Joshua CPT USARMY (US)

To: in A MA ARMY MDW

Cc: Hurley, Thomas MAJ USARMY USARMY
Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten
Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY
USARMY Ft McNair Mailbox MDW Court Reporters -
USARMY HQDA OTJAG (US) (6)

Subject: RE: Defense Judicial Notice

Date: Monday, August 12, 2013 8:12:04 PM

Attachments: DE FortLeavenworthWitness.docx

Government

Attached is the updated first page for DE B. You all have the final version of this stip and only sent us a .pdf. I
believe this should read the same as the actual exhibit, but please verify.

Thanks,

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 5:01 PM

To: Lind, Denise COL USARMY (US)

Cc: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka,
Katherine CPT USARMY USARMY USARMY Ft McNair Mailbox
MDW Court Reporters USARMY HQDA
OTJAG (US)

Subject: Defense Judicial Notice

Ma'am,
The United States does not object to the Court taking judicial notice of these two news articles, for the defense's
proffered purpose of showing "these quotes were uttered and appeared in the article" and not for the truth of the

matter asserted.

v/r
MAJ Fein

Page 16 of2169

01332



From: David Coombs

To: in A MA ARMY MDW USARMY USAMDW (US)
Cc: USARMY Morrow, Joe CIV (US)

Subject: RE: Discovery

Date: Saturday, August 10, 2013 2:59:18 PM

Thank you.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 1:35 PM

To: USARMY USAMDW (US)
Cc: USARMY Morrow, Joe CIV (US)

Subject: Re: Discovery

Dave. We can. I added- as this is his lane.

From: David Coombs [mailto:coombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 01:23 PM

To: Fein, Ashden MAJ USARMY MDW USARMY USAMDW (US)

Page 17 of2169

01333

Subject: RE: Discovery

Ashden,

Can you also please add 00378650 through 00407990 to the disc? Thank you.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: David Coombs [mailto:coombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:45 PM

To: 'Fein, Ashden MAJ USARMY MDW USARMY USAMDW
Subject: RE: Discovery

Ashden,

Thank you. I will be at TDS all day tomorrow. Once you have it ready, just let me know and I will come over to
pick it up.

Page 18 of2169

01334

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 12:34 PM

To: USARMY USAMDW (US)
Subject: Re: Discovery

David,
We should be able to knock this out tomorrow.

Vr
Ashden

From: David Coombs [mailtozcoombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:14 PM

To: USARMY USAMDW (US)

Cc: Fein, Ashden MAJ USARMY MDW (US)

Subject: Discovery

Chief,

Page 19 of2169

01335

Would it be a problem to get a CD with discovery Bates Number 00012935 through 00020152 and 00036804
through 00042806 on today or tomorrow?

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 20 of 2169

01336

From: Fein, Ashden MAJ USARMY MDW (USUSARMY USAMDW (US)
Cc: USARMY Morrow, Joe CIV (US)

Subject: Re: Discovery

Date: Saturday, August 10, 2013 1:35:24 PM



Dave. We can. I addec- as this is his lane.

From: David Coombs [mailto:coombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 01:23 PM

To: Fein, Ashden MAJ USARMY MDW USARMY USAMDW (US)
Subject: RE: Discovery

Ashden,

Can you also please add 00378650 through 00407990 to the disc? Thank you.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 21 of2169

01337

From: David Coombs [mailtozcoombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:45 PM

To: 'Fein, Ashden MAJ USARMY MDW USARMY USAMDW
Subject: RE: Discovery

Ashden,

Thank you. I will be at TDS all day tomorrow. Once you have it ready, just let me know and I will come over to
pick it up.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 12:34 PM
To: USARMY USAMDW (US)
Subject: Re: Discovery

David,

We should be able to knock this out tomorrow.

Page 22 of 2169

01338

Ashden

From: David Coombs [mailto:coombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:14 PM

To: USARMY USAMDW (US)

Cc: Fein, Ashden MAJ USARMY MDW (US)

Subject: Discovery

Chief,

Would it be a problem to get a CD with discovery Bates Number 00012935 through 00020152 and 00036804
through 00042806 on today or tomorrow?

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 23 of 2169

01339



From: David Coombs

To: in A MA ARMY MDW USARMY USAMDW (US)
Subject: RE: Discovery

Date: Saturday, August 10, 2013 1:23:40 PM

Ashden,

Can you also please add 00378650 through 00407990 to the disc? Thank you.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: David Coombs [mailto:coombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:45 PM

To: 'Fein, Ashden MAJ USARMY MDW USARMY USAMDW
Subject: RE: Discovery

Ashden,

Page 24 of 2169

01340

Thank you. I will be at TDS all day tomorrow. Once you have it ready, just let me know and I will come over to
pick it up.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 12:34 PM
To: USARMY USAMDW (US)
Subject: Re: Discovery

David,
We should be able to knock this out tomorrow.

Vr
Ashden

From: David Coombs [mailtozcoombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:14 PM

To: USARMY USAMDW (US)
Cc: Fein, Ashden MAJ USARMY MDW (US)
Subject: Discovery

Page 25 of2169

01341

Chief,

Would it be a problem to get a CD with discovery Bates Number 00012935 through 00020152 and 00036804
through 00042806 on today or tomorrow?

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 26 of 2169

01342



From: David Coombs

To: in A MA ARMY MDW USARMY USAMDW (US)
Subject: RE: Discovery

Date: Saturday, August 10, 2013 12:44:48 PM

Ashden,

Thank you. I will be at TDS all day tomorrow. Once you have it ready, just let me know and I will come over to
pick it up.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, August 10, 2013 12:34 PM
To: USARMY USAMDW (US)
Subject: Re: Discovery

David,

We should be able to knock this out tomorrow.

Page 27 of 2169

01343

Vr
Ashden

From: David Coombs [m il rm ri m]
Sent: Saturday, August 10, 2013 12:14 PM

To: USARMY USAMDW (US)

Cc: Fein, Ashden MAJ USARMY MDW (US)

Subject: Discovery

Chief,

Would it be a problem to get a CD with discovery Bates Number 00012935 through 00020152 and 00036804
through 00042806 on today or tomorrow?

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 28 of 2169

01344



From: Fein, Ashden MAJ USARMY MDW (US)

To: USARMY USAMDW (US)
Subject: Re: Discovery

Date: Saturday, August 10, 2013 12:33:50 PM

David,

We should be able to knock this out tomorrow.

Vr
Ashden

From: David Coombs [mailto:coombs armycourtmartialdefense.com]
Sent: Saturday, August 10, 2013 12:14 PM

To: USARMY USAMDW (US)
Cc: Fein, Ashden MAJ USARMY MDW (US)
Subject: Discovery

Chief,

Would it be a problem to get a CD With discovery Bates Number 00012935 through 00020152 and 00036804
through 00042806 on today or tomorrow?

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
Page 29 of 2169

01345

information and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 30 of 2169

01346



From: David Coombs

To: USARMY USAMDW (US)
Cc: Fein, Ashden MAJ USARMY MDW (US)
Subject: Discovery

Date: Saturday, August 10, 2013 12:14:30 PM
Chief,

Would it be a problem to get a CD with discovery Bates Number 00012935 through 00020152 and 00036804
through 00042806 on today or tomorrow?

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 31 of2169

01347



From: Fein, Ashden MAJ USARMY MDW (US)
To: David memos; Th MA ARMY
Cc: Tooman, Joshua CPT USARMY 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: Basis for CDR Moulton

Date: Thursday, August 08, 2013 11:42:00 PM

Thank you!



From: David Coombs [m il rm ri m]

Sent: Thursday, August 08, 2013 8:17 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT
USARMY Mitroka, Katherine CPT USARMY USARMY (US)

Subject: Basis for CDR Moulton

Ashden,
CDR Moulton considered the following for the basis of his opinion:

1) Dr. Meyer?s Records;

2) Dr. Corley?s Records;

3) Family Background records;

4) PFC Manning?s medical records in Army and Fort Drum;

5) PFC Manning?s medical records while in Iraq up to his arrest;
6) Dr. Armistead-Jehle's testing;

7) IM Chats with

8) IM Chats with Lamo;

9) PFC Manning?s providence statement; and

10) His own interviews of PFC Manning.

The Government already has will send a separate email

with those items so that you can confirm that you have everything that was

given to CDR Moulton. Please raise the R.C.M. 706 issue with the Court
tomorrow, and assuming she does not immediately deny your request based upon
the rule, we can litigate this issue early next week.

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


Page 32 of 2169

>l<>l<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 33 of 2169

01348

01349



From: Fein, Ashden MAJ USARMY MDW (US)
To: David (329mm; Th MA ARMY
Cc: Tooman, Joshua CPT USARMY 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: CDR Moulton

Date: Thursday, August 08, 2013 11:42:00 PM

Thank you!



From: David Coombs [m il rm ri m]

Sent: Thursday, August 08, 2013 8:18 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT
USARMY Mitroka, Katherine CPT USARMY USARMY (US)

Subject: CDR Moulton

Ashden,

Here are the remaining items that you should already have in your
possession.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 34 of 2169

01350

From: David Coombs
To: in A MA ARMY MDW r Th FMA ARMY
Cc: Joshua CPT USARMY US USARMY Morrow, JoDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Mitroka, Katherine CPT USARMY USARMY (US)

Subject: CDR Moulton
Date: Thursday, August 08, 2013 8:20:03 PM
Attachments: Fort Drum-Irag Medical

PFC Manning Records - Iragpdf

Chats with ZApdf

Complete Lamo
WM



Ashden,

Here are the remaining items that you should already have in your
possession.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 35 of 2169

01351

From: David Coombs
To: Fein, Ashden LJSARMY MDW Hurley, Thomas LJSARMY (us)
Cc: Joshua CPT USARMY US USARMY Morrow, JoDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Mitroka, Katherine CPT USARMY USARMY (US)

Subject: Basis for CDR Moulton
Date: Thursday, August 08, 2013 8:18:32 PM
Attachments: Dr Meyer

Dr Corley Notespdf
Manning Famin and Background
Dr. Armistead-Jehle



Ashden,
CDR Moulton considered the following for the basis of his opinion:

1) Dr. Meyer?s Records;

2) Dr. Corley?s Records;

3) Family Background records;

4) PFC Manning?s medical records in Army and Fort Drum;

5) PFC Manning?s medical records while in Iraq up to his arrest;
6) Dr. Armistead-Jehle's testing;

7) IM Chats with

8) IM Chats with Lamo;

9) PFC Manning?s providence statement; and

10) His own interviews of PFC Manning.

The Government already has will send a separate email

with those items so that you can confirm that you have everything that was

given to CDR Moulton. Please raise the R.C.M. 706 issue with the Court
tomorrow, and assuming she does not immediately deny your request based upon
the rule, we can litigate this issue early next week.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 36 of 2169

01352

From: Fein, Ashden MAJ USARMY MDW (US)
To: rm rmril fn . m"
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: CDR Moulton
Date: Thursday, August 08, 2013 8:57:00 AM
David,

Below are the items that CDR Moulton told us that he referenced to prepare for his testimony. He stated that he
gave different weight to each item. We are requesting all these items based on our discussions with CDR Moulton.
I know that we have some portions (or all) of these records all ready, but we would like to confirm that he does not
have any other records in each category.

Pre-military mental health records

Pre-deployment mental health records

Deployment mental health records

Confinement mental health records

Records from during RCF

School records

The accused?s providence statement HAVE

Records and notes from any mitigation expert?s interviews with family and friends
Notes from Doctor Moulton?s own interviews with the accused

Records from and regarding the Article 15-6 investigation

Chat log records between the accused and Mr. Lamo or Ms. McNamera (formerly Mr. Antolak) HAVE

We would also like a copy of the long-form RCM 706 report, but with all PFC Manning's statements redacted.
Thank you.

V/r
Ashden

Page 37 of 2169

01353

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 von Elten, Alexander (Alec)
CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US)
Subject: RE: Pearson McCarl

Date: Wednesday, August 07, 2013 5:18:41 AM



MAJ Fein

Thanks for this information. It's very helpful and appreciated.

v/r





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, August 06, 2013 9:54 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY USARMY Morrow,
oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten,
Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY
USARMY (US)

Subject: Pearson McCarl

MAJ Hurley,

I know you spoke with Alec today about Pearson so that should be squared away. Below is what Angel intends to
do with Mr. McCarl.

We intend to qualify Mr. McCarl as an expert in the adversary use of IEDs. He will provide specialized knowledge
on what purported information was released by WikiLeaks from CIDNE and DOS, and his opinion on how the

adversary can use the information that was released.

Also, we will address the IEDDO effort to assist the CENTCOM J3 and the alleged information that was
compromised; the enemy use of the alleged information; and the impact on the USG of the enemy?s use of the
alleged information.

He will be here tomorrow morning at 0800 to meet with you.

v/r
MAJ Fein

Page 38 of 2169

From:
To:
Cc:

Bcc:

Subject:
Date:

MAJ Hurley,

01354

Fein, Ashden MAJ USARMY MDW (US)
rl Th FMA ARMY

David Coombs; Tooman, Joshua CPT USARMY USARMY Morrow JoDean
(Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY von Elten, Alexander (Alec)
CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US)

Pearson McCarl
Tuesday, August 06,2013 5:54:00 PM




I know you spoke with Alec today about Pearson so that should be squared away. Below is what Angel intends to
do with Mr. McCarl.

We intend to qualify Mr. McCarl as an expert in the adversary use of IEDs. He will provide specialized knowledge
on what purported information was released by WikiLeaks from CIDNE and DOS, and his opinion on how the

adversary can use the information that was released.

Also, we will address the IEDDO effort to assist the CENTCOM J3 and the alleged information that was
compromised; the enemy use of the alleged information; and the impact on the USG 0f the enemy?s use of the

alleged information.

He will be here tomorrow morning at 0800 to meet with you.

v/r
MAJ Fein

Page 39 of 2169

01355



From: Fein, Ashden MAJ USARMY MDW (US)

To: "David (bombs'; PT ARMY r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter
CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US)

Bcc:
USARMY

Subject: RE: Under Secretary Kennedy

Date: Sunday, August 04. 2013 3:53:00 PM

David,

Below are the topics for my direct with Kennedy:
1. Background, including service and key positions
2. Department's Harm Mitigation Steps before Thanksgiving 2010

3. Department's Harm Mitigation Steps following Thanksgiving 2010 - WikiLeaks Working Group, etc., but not
Mitigation Team

4. Opinion on Impact to Department's ability to conduct diplomacy
5. Opinion on Impact to Policy Makers
6. Opinion 011 Overall Impact to the Department

v/r
Ashden



From: David Coombs [m il rm i m]

Sent: Sunday, August 04, 2013 11:00 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Hurley, Thomas MAJ
USARMY (US)

Cc: Morrow, ODean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY (US)

Subject: Under Secretary Kennedy

Ashden,

Can you please give me the subject matter areas that Under Secretary Kennedy
will be testifying? Also, what time will Under Secretary Kennedy be
available for my interview tomorrow?

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

Page 40 of 2169

01356

Fax: (508) 689-9282
coombs armycourtmartialdefense.com


>l<>l<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 41 of2169

01357

From: Fein, Ashden MAJ USARMY MDW (US)

To: TQQman, (Joshua ,1 QPT USARMY Hurley, Thomas MAJ USARMY
.05).

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter

CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US)





Bcc:
CPT USARMY (US)
Subject: Re: Under Secretary Kennedy
Date: Sunday, August 04, 2013 11:39:20 AM
David,

I have been at McNair this morning and on my way to meade right now. Once I get back I intend to provide you the
areas. He should be available tomorrow NLT 0815 tomorrow morning.

Vr
Ashden

Original Message

From: David Coombs [m il rm i m]

Sent: Sunday, August 04, 2013 10:59 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY Hurley, Thomas MAJ
USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY (US)

Subject: Under Secretary Kennedy

Ashden,

Can you please give me the subject matter areas that Under Secretary Kennedy
will be testifying? Also, what time will Under Secretary Kennedy be
available for my interview tomorrow?

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 42 of 2169

01358

Page 43 of 2169

01359



From: David Coombs

To: Fein, Ashden MAJ LJSARMY MDW TQQman, (Joshua ,1 QPT LJSARMY Hurley, Thomas MAJ LJSARMY
.05).

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter
CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US)

Subject: Under Secretary Kennedy

Date: Sunday, August 04, 2013 11:00:06 AM

Ashden,

Can you please give me the subject matter areas that Under Secretary Kennedy
will be testifying? Also, what time will Under Secretary Kennedy be
available for my interview tomorrow?

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 44 of 2169

01360



From: Fein, Ashden MAJ USARMY MDW (US)

To: PT ARMY r Th MA ARMY "David

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter
CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US)

Bee:
USARMY

Subject: tomorrow

Date: Thursday, August 01, 2013 8:40:00 PM

Gents,

I intend to keep both Swart and Kozak in open sessions, but we will be ready to close if needed. I still owe Dave the
topic areas for Kennedy and will try and get that to you before Sunday.

V/r
MAJ Fein

Page 45 of2169



01361





From: Fein, Ashden MAJ USARMY MDW (US)

To: Th lle ARMY

Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY Morrow JoDean
(Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte Hunter CPT USARMY
von Ellen, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY
- USARMY (US)

Subject: Tomorrow"s Testimony

Date: Wednesday, July 31,201311:33:00 PM

MAJ Hurley,

As per our conversation tonight, Angel plans on the following focus areas with the witnesses tomorrow:

For Dibble, focus is on Iran and our relationships with other countries as related to Iran, and Libya and Lebanon. We

will close before Italy.

For Feeley, focus is on Mexico and Ecuador, but will also discuss ALBA states (particularly Venezuela). May also

touch on Argentina and Bolivia.

We will be there by 0800 to discuss if you need to before you meet with PDAS Dibble.

V/r
MAJ Fein

Page 46 of 2169

01362

From: Hurle Thomas MAJ USARMY US
To: in A MA ARMY MDW David TQQman, Joshua ,1 QPT LJSARMY MerQw, ,JQDgan

mg) QPT An PT ARMY ;Wh PT ARMY
m; El Al AI PT ARMY MiIera, FQPT mammals);?
- (us)



Subject: MRE 705 Basis

Date: Tuesday, July 30, 2013 7:01 :52 PM



Government

The documents for BG Carr are:

1. The analytic reports from the CENTCOM AOR that form the basis of his opinion that these disclosures had an
impact on intelligence priorities by causing an adjustment to collection.

2. The post-disclosure "battlefield reports" that indicate the disclosures had a chilling effect on the willingness of
some local nationals to speak with US forces.

3. The reports he received from DAOs in reponse to his request for information about how they were being treated
after the release of this information.

4. The reports he received from the analytic "floor" of the IRTF that informed the basis of his opinions/conclusions.

The documents for Mr. K- are:

1. The interim reports he received from the IRTF's Mr. indicated that the assigned to IRTF
would produce interim reports on a specific topic. Those documents served as the basis for his
conclusions/opinions.

2. The open source material used in determining that certain persons were placed at risk by these disclosures.

3. The "raw intelligence" feeds g. SIGINT, HUMINT) used in making his conclusions/opinions about the effect
the disclosures had on mil-to-mil relationships.

4. The "raw intelligence" feeds g. SIGINT, HUMINT) used in making his conclusions/opinions about certain
persons placed at risk.

5. The briefings from IEDDO that the IRTF received that form the basis of his opinion/conclusion about the
disclosure of CIED TTPs made public (if not previously disclosed).

6. The information, if in writing, from that form the basis of his conclusion/opinion about
the the disclosure of TF-GTMO.

It went like this - we asked what their conclusions were and then they answered. We asked what formed the basis of
their conclusions. They told us these things. If previously given to us, just point to the BATES numbers. Also, if

Page 47 of 2169

01363

there's something you know they will cover but failed to mention to us, then please point out the BATES number.

Call if you want to talk.

V/r
t??l


Page 48 of 2169

01364

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW
Subject: RE: Shaver

Date: Tuesday, July 30, 2013 6:34:10 PM



Roger, sir. Thanks.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, July 30, 2013 6:12 PM

To: Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY Trent
Struttmann

Subject: RE: Shaver

Josh,

We don't expect him to testify any earlier than the middle of next week. We still owe you what information from
the forensic images we intend to admit using him.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, July 30, 2013 5:26 PM

To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY Trent
Struttmann

Subject: Shaver

Sir

Do you all have any idea when Shaver will testify? We want to let Trent know when to come out.

Thanks,

Josh

Page 49 of 2169

01365





From: Fein, Ashden MAJ USARMY MDW (US)
To: Tooman, aJoshua ,1 (PT USARMY Morrow, aJoDean (Joe) QPT USARMY LJSAMDW Qvergaard, Angel
QPT USARMY (US)
Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY Trent Struttmann
Bcc:
USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Whyte, Hunter CPT USARMY (US)
Subject: RE: Shaver
Date: Tuesday, July 30, 2013 6:12:00 PM
Josh,

We don't expect him to testify any earlier than the middle of next week. We still owe you what information from
the forensic images we intend to admit using him.

V/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, July 30, 2013 5:26 PM

To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Cc: 'DaVid Coombs'; Hurley, Thomas MAJ USARMY USARMY Trent

Struttmann
Subject: Shaver

Sir

Do you all have any idea when Shaver will testify? We want to let Trent know when to come out.

Thanks,

Josh

Page 50 of 2169

01366



From: Tooman. Joshua CPT USARMY (US)

To: in A MA ARMY MDW rr PT ARMY AMDW Angel
QPT LJSARMY (us)

Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY Trent Struttmann

Subject: Sh aver

Date: Tuesday, July 30, 2013 5:26:27 PM

Sir

DO you all have any idea when Shaver will testify? We want to let Trent know when to come out.

Thanks,

Josh

Page 51 of2169

01367



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW Tooman, (Joshua ,1 QPT LJSARMY MerQw, (JoDean ((1953) QPT
LJSARMY LJSAMDW An I PT ARMY Wh PT ARMY
Alexander 5 (Alec) QPT MiIera, Ktherine QPT USARMY USARMY
.05).

Ce: ?"David us ;??c_lusmw usmow us

Subject: RE: Requests

Date: Tuesday, July 30, 2013 2:36:32 PM

Government

Josh and I are ready to speak with the witnesses upon their arrival. I imagine that we will use different rooms in the
witness trailer.

V/r





From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, July 29, 2013 8:10 PM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT 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)

Cc: 'David Coombs'; USARMY USARMY USAMDW (US)

Subject: RE: Requests
MAJ Fein
0k. See you tomorrow at 1000.

V/r





From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Monday, July 29, 2013 7:49 PM
To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Morrow, JoDean (Joe)

Page 52 of 2169

01368

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'; USARMY USARMY USAMDW (US)

Subject: RE: Requests

MAJ Hurley,

Thanks for the quick reply. If you are available, I much rather chat in-person because I think we are talking past
each other on email. My email below was in response to the defense?s multiple emails with questions focused on
sentencing. How about tomorrow morning at 1000?

I understand the first question about documentation. I will verify by tomorrow morning with the rest of the team,
but I do not believe we are admitting any documents with the senior USG official sentencing witnesses. We will
likely admit evidence from SA Shaver and SA Mander, when they testify.

Like the super-majority of the Government?s merits witnesses, all these witnesses are ready to testify about their
subject matter without any confusion and that subject matter is the same as it has been on our previous filings
(witness lists, Grunden, and expert accounting) this includes Carr and Mr. Kirchhofer. They all know, and
have known since the beginning that they are being offered to give an opinion on the damage and future damage
that occurred directly resulting from the charged misconduct. If there was doubt during your interviews on
whether they thought they were testifying as experts or not, then that is likely from them not understanding what an

?expertcriminal trial.

The forensic and computer experts are different because their testimony is based on the type of evidence that we
intend to introduce at the time, and it changes based on future testimony and Court rulings.

v/r

MAJ Fein

From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, July 29, 2013 3:22 PM
To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT 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 am

Page 53 of 2169

01369

Cc: 'David Coombs'; USARMY USARMY USAMDW (US)

Subject: RE: Requests

MAJ Fein

Maybe we should start here - does the Government plan on introducing any documents with these witnesses? If so,
where can they be found in the discovery? Does the Government plan on merely referencing any documents with
these witnesses? If so, where can that be found in the discovery?

With all of these witnesses, we had one chance to speak with them prior to trial. During that interview, they did not
know (and we did not know and presumably you did not know) that there were going to be qualified as experts.
That info was dropped July depending on the witness.

We are going to take all the time we need to interview these witnesses. With cooperation from you, that might take
an hour or two. Without it, I can guarantee it will take longer.

I am glad that BG Carr and Mr. K- will be here tomorrow. But presence does not ensure that they are actually ready
to be interviewed. See generally Mr. Danny Lewis. SA Shaver and SA Mander have been here for days, and they
have told CPT Tooman repeatedly that they don't know what the substance of their testimony will be at sentencing.
What assurances do we have that Messrs. Carr and Kirchhofer will be any different?

I recall CPT Morrow asking for cooperation WRT these sentencing witnesses. One way to get cooperation is to
actually cooperate with a request that you get from us WRT these sentencing witnesses.

I relish the opportunity to speak with you in person on this matter, but I know that email is preferred.

v/r

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 7:03 PM

To: Tooman, Joshua CPT USARMY 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Page 54 of 2169

01370

Josh,

Could you please be more specific. As of today, we have produced or made available for inspection all the material
for which we know that our witnesses will be relying on, i.e. for DIA-assessment, briefs, memoranda, etc.;
entire NCD dB and internal memoranda; and other information concerning IEDDO IEDs, terrorism, and
USCENTCOM operations planning. What specifically are you looking for? We do not have specific BATES
numbers assigned to documentation per witness, because the population of material they should be relying upon is
contained within discovery. As always, if we determine there is reliance on other material that was not produced or
made available, we will immediately notify the defense.

Based on MAJ Hurley's previous email, we are reexamining the exact expertise for each witness and determining
whether we can further limit their expertise within their fields. We will provide that update tomorrow late morning.

As for the request to have witnesses available, we are working to have all the witnesses onsite as soon as possible
for the defense to sit down with them again. Because we are so close to their testimony dates, most won't be
available until the day they testify, so we are planning on having the AM witnesses here NLT 0800 so the defense
can sit down with them prior to the state of Court. We will support shifting the start time to 1000, if the defense
needs a full two hours. The PM witnesses will show up NLT 1300 and be available to meet prior to their testimony.

We have more control with some witnesses. Carr and Mr. Kirchhofer will be up here and available
tomorrow afternoon to sit down with the defense. Carr will be up here at 1500 and ready to meet with you
at that time. Mr. Kirchhofer will be ready to meet when you are finished with Carr. That should get us
through the first day.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 2:49 PM

To: 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Sir

In your 25 July filing you all indicated that materials have already been produced under MRE 705. Could you
please point us to where those materials are?

Thanks,

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 11:40 AM

To: Tooman, Joshua CPT 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 55 of2169

01371

Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY

USARMY USAMDW (US)
Subject: RE: Requests

Josh,
Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)

Subject: Requests

Sir

Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 56 of 2169

01372

From: Fein, Ashden MAJ USARMY MDW (US)
To: David ?429ng Th MA ARMY Tooman, (Joshua ,1 QPT USARMY MerQw, (JoDean

vr An PT ARMY ;Wh PT ARMY
Al AI PT ARMY ;Mi1era







-va
Cc: us :??c_xusmwuswow us



Bcc:
MDW
CIV (US)
Subject: RE: Clark Stoeckley
Date: Monday, July 29, 2013 6:00:00 PM
David,

I know the staff was planning on presenting this issue to the GC late this afternoon, and they do have a copy of Mr.
Stoeckley's letter to go with them. I will ask for an update and if there is one, I will forward it ASAP to you and the
Court.

v/r
Ashden



From: David Coombs [mailto:coombs armycourtmartialdefense.com]

Sent: Monday, July 29, 2013 5:57 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY 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: USARMY USARMY USAMDW (US)

Subject: Clark Stoeckley

Ashden,

The other day Angel stated that a bar to the installation action was being considered by the Garrison commander
regarding Mr. Stoeckley. I wanted to see if you had an update on whether Mr. Stoeckley?s apology letter was given
to the Garrison commander. Do you know when the Garrison commander will make a decision on the bar action?
Based upon his apology letter, I am hoping that Mr. Stoeckley will not be barred and will be allowed to at least
return to the media operations center. Thanks.

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

Page 57 of 2169

01373

Fax: (508) 689-9282
coombs armycourtmartialdefense.com



>l<>l<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify

the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and
is

Page 58 of 2169

01374



From: David Coombs

To: in A MA ARMY MDW Th ARMY TQQman, Joshua ,1 QPT LJSARMY
rr ARMY AMDW PT ARMY ;Why1g, ,1
HunIgr QPT LJSARMY El ARMY MiIera, Kalhgring QPT LJSARMY
USARMY (US)

Cc: US USARMY USAMDW (US)

Subject: Clark Stoeckley

Date: Monday, July 29, 2013 5:57:25 PM

Ashden,

The other day Angel stated that a bar to the installation action was being considered by the Garrison commander
regarding Mr. Stoeckley. I wanted to see if you had an update on whether Mr. Stoeckley?s apology letter was given
to the Garrison commander. Do you know when the Garrison commander will make a decision on the bar action?
Based upon his apology letter, I am hoping that Mr. Stoeckley will not be barred and will be allowed to at least
return to the media operations center. Thanks.

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<>linformation and is intended for the person(s) or company named. If you are not the intended recipient, please notify
the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be unlawful and

is prohibited.

Page 59 of 2169

01375



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW TQQman, ,1ng MerQw, ,lngan mg) QPT
LJSARMY LJSAMDW An I PT ARMY Wh PT ARMY
Algxanggr (Algg) QPT USARMY MiIera, QPT USARMY USARMY
.051

Cc: "David Coombs"; USARMY USARMY USAMDW (US)

Subject: RE: Requests

Date: Monday, July 29, 2013 4:12:42 PM

MAJ Fein

Ok. See you tomorrow at 1000.

v/r





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 7:49 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT 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)

Cc: 'David Coombs'; USARMY USARMY USAMDW (US)

Subject: RE: Requests
MAJ Hurley,

Thanks for the quick reply. If you are available, I much rather chat in-person because I think we are talking past
each other on email. My email below was in response to the defense?s multiple emails with questions focused on
sentencing. How about tomorrow morning at 1000?

I understand the first question about documentation. I will verify by tomorrow morning with the rest of the team,
but I do not believe we are admitting any documents with the senior USG official sentencing witnesses. We will
likely admit evidence from SA Shaver and SA Mander, when they testify.

Like the super-majority of the Government?s merits witnesses, all these witnesses are ready to testify about their
subject matter without any confusion and that subject matter is the same as it has been on our previous filings
(witness lists, Grunden, and expert accounting) this includes Carr and Mr. Kirchhofer. They all know, and
have known since the beginning that they are being offered to give an opinion on the damage and future damage
that occurred directly resulting from the charged misconduct. If there was doubt during your interviews on
whether they thought they were testifying as experts or not, then that is likely from them not understanding what an

Page 60 of 2169

01376

?expertcriminal trial.

The forensic and computer experts are different because their testimony is based on the type of evidence that we
intend to introduce at the time, and it changes based on future testimony and Court rulings.

v/r

MAJ Fein

From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, July 29, 2013 3:22 PM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT 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)

Cc: 'David Coombs'; USARMY USARMY USAMDW (US)

Subject: RE: Requests
MAJ Fein

Maybe we should start here - does the Government plan on introducing any documents with these witnesses? If so,
where can they be found in the discovery? Does the Government plan on merely referencing any documents with
these witnesses? If so, where can that be found in the discovery?

With all of these witnesses, we had one chance to speak with them prior to trial. During that interview, they did not
know (and we did not know and presumably you did not know) that there were going to be qualified as experts.
That info was dropped July depending on the witness.

We are going to take all the time we need to interview these witnesses. With cooperation from you, that might take
an hour or two. Without it, I can guarantee it will take longer.

I am glad that BG Carr and Mr. K- will be here tomorrow. But presence does not ensure that they are actually ready
to be interviewed. See generally Mr. Danny Lewis. SA Shaver and SA Mander have been here for days, and they
have told CPT Tooman repeatedly that they don't know what the substance of their testimony will be at sentencing.
What assurances do we have that Messrs. Carr and Kirchhofer will be any different?

Page 61 of2169

01377

I recall CPT Morrow asking for cooperation WRT these sentencing witnesses. One way to get cooperation is to
actually cooperate with a request that you get from us WRT these sentencing witnesses.

I relish the opportunity to speak with you in person on this matter, but I know that email is preferred.

v/r

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 7:03 PM

To: Tooman, Joshua CPT USARMY 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,

Could you please be more specific. As of today, we have produced or made available for inspection all the material
for which we know that our witnesses will be relying on, i.e. for DIA-assessment, briefs, memoranda, etc.;
entire NCD dB and internal memoranda; and other information concerning IEDDO IEDs, terrorism, and
USCENTCOM operations planning. What specifically are you looking for? We do not have specific BATES
numbers assigned to documentation per witness, because the population of material they should be relying upon is
contained within discovery. As always, if we determine there is reliance on other material that was not produced or
made available, we will immediately notify the defense.

Based on MAJ Hurley's previous email, we are reexamining the exact expertise for each witness and determining
whether we can further limit their expertise within their fields. We will provide that update tomorrow late morning.

As for the request to have witnesses available, we are working to have all the witnesses onsite as soon as possible
for the defense to sit down with them again. Because we are so close to their testimony dates, most won't be
available until the day they testify, so we are planning on having the AM witnesses here NLT 0800 so the defense
can sit down with them prior to the state of Court. We will support shifting the start time to 1000, if the defense
needs a full two hours. The PM witnesses will show up NLT 1300 and be available to meet prior to their testimony.

We have more control with some witnesses. Carr and Mr. Kirchhofer will be up here and available
tomorrow afternoon to sit down with the defense. Carr will be up here at 1500 and ready to meet with you
at that time. Mr. Kirchhofer will be ready to meet when you are finished with Carr. That should get us
through the first day.

v/r
MAJ Fein


From: Tooman, Joshua CPT USARMY (US)
Sent: Monday, July 29, 2013 2:49 PM

Page 62 of 2169

01378

To: 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 USARMY

USARMY USAMDW (US)
Subject: RE: Requests

Sir

In your 25 July filing you all indicated that materials have already been produced under MRE 705. Could you
please point us to where those materials are?

Thanks,

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 11:40 AM

To: Tooman, Joshua CPT 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)

Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,
Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)

Subject: Requests

Sir

Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Page 63 of 2169

01379

Also, can you please make SAs Shaver and Mander available to the Defense when they know What they substance
of their sentencing testimony will be.



Josh

Page 64 of 2169

01380

From: Fein, Ashden MAJ USARMY MDW (US)
To: Hurlgy, Ttha? L13ARMY TQQman, Joshua l1 LEPT L13ARMY MerQw, l19Dgan (dog) LEPT

L13ARMY L13AMDW An I PT ARMY Whng, l1 HunIgr LEPT L13ARMY
Algxanggr (Alec) QPT MiIera, QPT USARMY



.05).
Ce: ?"David us :??c_xusmw us
Bcc:
MDW CIV (US)
Subject: RE: Requests
Date: Monday, July 29, 2013 3:49:00 PM
MAJ Hurley,

Thanks for the quick reply. If you are available, I much rather chat in-person because I think we are talking past
each other on email. My email below was in response to the defense?s multiple emails with questions focused on
sentencing. How about tomorrow morning at 1000?

I understand the first question about documentation. I will verify by tomorrow morning with the rest of the team,
but I do not believe we are admitting any documents with the senior USG official sentencing witnesses. We will
likely admit evidence from SA Shaver and SA Mander, when they testify.

Like the super-majority of the Government?s merits witnesses, all these witnesses are ready to testify about their
subject matter without any confusion and that subject matter is the same as it has been on our previous filings
(witness lists, Grunden, and expert accounting) this includes Carr and Mr. Kirchhofer. They all know, and
have known since the beginning that they are being offered to give an opinion on the damage and future damage
that occurred directly resulting from the charged misconduct. If there was doubt during your interviews on
whether they thought they were testifying as experts or not, then that is likely from them not understanding what an
?expertcriminal trial.

The forensic and computer experts are different because their testimony is based on the type of evidence that we
intend to introduce at the time, and it changes based on future testimony and Court rulings.

v/r

MAJ Fein

From: Hurley, Thomas MAJ USARMY (US)
Sent: Monday, July 29, 2013 3:22 PM

Page 65 of 2169

01381

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT 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)

Cc: 'David Coombs'; USARMY USARMY USAMDW (US)

Subject: RE: Requests
MAJ Fein

Maybe we should start here - does the Government plan on introducing any documents with these witnesses? If so,
where can they be found in the discovery? Does the Government plan on merely referencing any documents with
these witnesses? If so, where can that be found in the discovery?

With all of these witnesses, we had one chance to speak with them prior to trial. During that interview, they did not
know (and we did not know and presumably you did not know) that there were going to be qualified as experts.
That info was dropped July depending on the witness.

We are going to take all the time we need to interview these witnesses. With cooperation from you, that might take
an hour or two. Without it, I can guarantee it will take longer.

I am glad that BG Carr and Mr. K- will be here tomorrow. But presence does not ensure that they are actually ready
to be interviewed. See generally Mr. Danny Lewis. SA Shaver and SA Mander have been here for days, and they
have told CPT Tooman repeatedly that they don't know what the substance of their testimony will be at sentencing.
What assurances do we have that Messrs. Carr and Kirchhofer will be any different?

I recall CPT Morrow asking for cooperation WRT these sentencing witnesses. One way to get cooperation is to
actually cooperate with a request that you get from us WRT these sentencing witnesses.

I relish the opportunity to speak with you in person on this matter, but I know that email is preferred.

v/r

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 7:03 PM

To: Tooman, Joshua CPT USARMY 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)

Page 66 of 2169

01382

Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY

USARMY USAMDW (US)
Subject: RE: Requests

Josh,

Could you please be more specific. As of today, we have produced or made available for inspection all the material
for which we know that our witnesses will be relying on, i.e. for DIA-assessment, briefs, memoranda, etc.;
entire NCD dB and internal memoranda; and other information concerning JIEDDO IEDs, terrorism, and
USCENTCOM operations planning. What specifically are you looking for? We do not have specific BATES
numbers assigned to documentation per witness, because the population of material they should be relying upon is
contained within discovery. As always, if we determine there is reliance on other material that was not produced or
made available, we will immediately notify the defense.

Based on MAJ Hurley's previous email, we are reexamining the exact expertise for each witness and determining
whether we can further limit their expertise within their fields. We will provide that update tomorrow late morning.

As for the request to have witnesses available, we are working to have all the witnesses onsite as soon as possible
for the defense to sit down with them again. Because we are so close to their testimony dates, most won't be
available until the day they testify, so we are planning on having the AM witnesses here NLT 0800 so the defense
can sit down with them prior to the state of Court. We will support shifting the start time to 1000, if the defense
needs a full two hours. The PM witnesses will show up NLT 1300 and be available to meet prior to their testimony.

We have more control with some witnesses. Carr and Mr. Kirchhofer will be up here and available
tomorrow afternoon to sit down with the defense. Carr will be up here at 1500 and ready to meet with you
at that time. Mr. Kirchhofer will be ready to meet when you are finished with Carr. That should get us
through the first day.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 2:49 PM

To: 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Sir

In your 25 July filing you all indicated that materials have already been produced under MRE 705. Could you
please point us to where those materials are?

Thanks,

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Page 67 of 2169

01383

Sent: Monday, July 29, 2013 11:40 AM

To: Tooman, Joshua CPT USARMY 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,
Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)

Subject: Requests

Sir
Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 68 of 2169

01384



From: Hurley, Thomas MAJ USARMY (US)

To: Fain, Ashden USARMY MDW Tooman, ,lgghua ,1ng MerQw, ,gngan mg) QPT
LJSARMY LJSAMDW An I PT ARMY Wh PT ARMY
Algxanggr (Algg) QPT USARMY MiIera, QPT USARMY USARMY


Cc: "David Coombs"; USARMY USARMY USAMDW (US)

Subject: RE: Requests

Date: Monday, July 29, 2013 3:22:20 PM

MAJ Fein

Maybe we should start here - does the Government plan on introducing any documents with these witnesses? If so,
where can they be found in the discovery? Does the Government plan on merely referencing any documents with
these witnesses? If so, where can that be found in the discovery?

With all of these witnesses, we had one chance to speak with them prior to trial. During that interview, they did not
know (and we did not know and presumably you did not know) that there were going to be qualified as experts.
That info was dropped July depending on the witness.

We are going to take all the time we need to interview these witnesses. With cooperation from you, that might take
an hour or two. Without it, I can guarantee it will take longer.

I am glad that BG Carr and Mr. K- will be here tomorrow. But presence does not ensure that they are actually ready
to be interviewed. See generally Mr. Danny Lewis. SA Shaver and SA Mander have been here for days, and they
have told CPT Tooman repeatedly that they don't know what the substance of their testimony will be at sentencing.
What assurances do we have that Messrs. Carr and Kirchhofer will be any different?

I recall CPT Morrow asking for cooperation WRT these sentencing witnesses. One way to get cooperation is to
actually cooperate with a request that you get from us WRT these sentencing witnesses.

I relish the opportunity to speak with you in person on this matter, but I know that email is preferred.

v/r

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 7:03 PM

To: Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY von Elten, Alexander (Alec)

Page 69 of 2169

01385

CPT USARMY Mitroka, Katherine CPT USARMY USARMY (US)

Cc: 'David Coombs'; Hurley, Thomas MAJ USARMY USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,

Could you please be more specific. As of today, we have produced or made available for inspection all the material
for which we know that our witnesses will be relying on, i.e. for DIA-assessment, briefs, memoranda, etc.;
entire NCD dB and internal memoranda; and other information concerning IEDDO IEDs, terrorism, and
USCENTCOM operations planning. What specifically are you looking for? We do not have specific BATES
numbers assigned to documentation per witness, because the population of material they should be relying upon is
contained within discovery. As always, if we determine there is reliance on other material that was not produced or
made available, we will immediately notify the defense.

Based on MAJ Hurley's previous email, we are reexamining the exact expertise for each witness and determining
whether we can further limit their expertise within their fields. We will provide that update tomorrow late morning.

As for the request to have witnesses available, we are working to have all the witnesses onsite as soon as possible
for the defense to sit down with them again. Because we are so close to their testimony dates, most won't be
available until the day they testify, so we are planning on having the AM witnesses here NLT 0800 so the defense
can sit down with them prior to the state of Court. We will support shifting the start time to 1000, if the defense
needs a full two hours. The PM witnesses will show up NLT 1300 and be available to meet prior to their testimony.

We have more control with some witnesses. Carr and Mr. Kirchhofer will be up here and available
tomorrow afternoon to sit down with the defense. Carr will be up here at 1500 and ready to meet with you
at that time. Mr. Kirchhofer will be ready to meet when you are finished with Carr. That should get us
through the first day.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 2:49 PM

To: 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Sir

In your 25 July filing you all indicated that materials have already been produced under MRE 705. Could you
please point us to where those materials are?

Thanks,

Josh



Page 70 of 2169

01386

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 11:40 AM

To: Tooman, Joshua CPT USARMY 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,
Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)

Subject: Requests

Sir

Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 71 of2169

01387

From: Fein, Ashden MAJ USARMY MDW (US)
To: Tooman, Joshua ,1 QPT rr PT ARMY AMDW Angel

QPT USARMY Whng, ,1 HunIgr QPT USARMY Von Algxanggr (Algg) QPT USARMY
MiIera, QPT USARMY USARMY (US)

Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY
- USARMY USAMDW (US)



Bcc:

MDW CIV (US)
Subject: RE: Requests
Date: Monday, July 29, 2013 3:03:00 PM
Josh,

Could you please be more specific. As of today, we have produced or made available for inspection all the material
for which we know that our witnesses will be relying on, i.e. for DIA-assessment, briefs, memoranda, etc.;
entire NCD dB and internal memoranda; and other information concerning IEDDO IEDs, terrorism, and
USCENTCOM operations planning. What specifically are you looking for? We do not have specific BATES
numbers assigned to documentation per witness, because the population of material they should be relying upon is
contained within discovery. As always, if we determine there is reliance on other material that was not produced or
made available, we will immediately notify the defense.

Based on MAJ Hurley's previous email, we are reexamining the exact expertise for each witness and determining
whether we can further limit their expertise within their fields. We will provide that update tomorrow late morning.

As for the request to have witnesses available, we are working to have all the witnesses onsite as soon as possible
for the defense to sit down with them again. Because we are so close to their testimony dates, most won't be
available until the day they testify, so we are planning on having the AM witnesses here NLT 0800 so the defense
can sit down with them prior to the state of Court. We will support shifting the start time to 1000, if the defense
needs a full two hours. The PM witnesses will show up NLT 1300 and be available to meet prior to their testimony.

We have more control with some witnesses. Carr and Mr. Kirchhofer will be up here and available
tomorrow afternoon to sit down with the defense. Carr will be up here at 1500 and ready to meet with you
at that time. Mr. Kirchhofer will be ready to meet when you are finished with Carr. That should get us
through the first day.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 2:49 PM

To: 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Sir

In your 25 July filing you all indicated that materials have already been produced under MRE 705. Could you
please point us to where those materials are?

Page 72 of 2169

01388

Thanks,

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 11:40 AM

To: Tooman, Joshua CPT USARMY 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,
Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)

Subject: Requests

Sir
Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 73 of 2169

01389

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW rr PT ARMY AMDW Angel

QPT USARMY Whng, ,1 HunIgr QPT USARMY Von Euen, Alexander (Algg) QPT USARMY
MiIera, QPT USARMY USARMY (US)



Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY
- USARMY USAMDW (US)

Subject: RE: Requests

Date: Monday, July 29, 2013 2:49:06 PM

Sir

In your 25 July filing you all indicated that materials have already been produced under MRE 705. Could you
please point us to where those materials are?

Thanks,

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, July 29, 2013 11:40 AM

To: Tooman, Joshua CPT USARMY 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 USARMY
USARMY USAMDW (US)

Subject: RE: Requests

Josh,
Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)
Subject: Requests

Sir

Page 74 of 2169

01390

Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 75 of 2169

01391

From: Fein, Ashden MAJ USARMY MDW (US)
To: Tooman, Joshua ,1 QPT rr PT ARMY AMDW

QPT USARMY ms); Whng, ,1 HunIgr QPT USARMY ms); Alexander 5 (Alec) QPT USARMY ms);
MiIera, QPT USARMY USARMY (US)



Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY
- USARMY USAMDW (US)

Subject: RE: Requests

Date: Monday, July 29, 2013 11:40:00 AM

Josh,

Would you like to review the original from discovery or the summary the parties agreed upon?

We have the original ready anytime, and can have the summary ready tomorrow. We also have the final NCIX
summary available for review, but need to schedule a day to "tscif" the deliberation room for you to review and
show your client.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, July 29, 2013 11:24 AM

To: 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 USARMY (US)
Subject: Requests

Sir

Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 76 of 2169

01392



From: Tooman, Joshua CPT USARMY (US)

To: in A MA ARMY MDW rr ARMY AMDW Anggl
QPT LJSARMY Whng, von Eugn, Algxanggr (Alec) QPT LJSARMY
MiIera, Katharina QPT LJSARMY USARMY (US)

Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US)

Subject: Requests

Date: Monday, July 29, 2013 11:23:55 AM

Sir

Could we please review the IRTF damage assessment either this afternoon or tomorrow?

Also, can you please make SAs Shaver and Mander available to the Defense when they know what they substance
of their sentencing testimony will be.



Josh

Page 77 of 2169

01393

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 Whyte, Hunter CPT USARMY
von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY
USARMY USARMY Ft McNair Mailbox MDW Court Re orters
USARMY USAMDW Fein, Ashden MAJ USARMY MDW (US)





Subject: RE: Defense Filing (UNCLASSIFIED)
Date: Thursday, July 25, 2013 8:24:13 AM
Government,

I remember you wanting to talk about your aggravation witnesses and attempting to resolve objections from us prior
to their actual testimony. You haven't reached out to schedule that meeting with us, but I can tell you now:

1. The expert notification on 15 May 2013 will have to be more specific with respect to most of those witnesses.
The best two examples are Mr. Feeley and Ms. Dibble. If they are going to talk about specific countries, then let's
go with their expertise with those specific countries. It's overbroad to make them experts on the entirety of their

respective bureaus.

2. We are going to have to interview these officials again prior to our cross examination. I submit that our process
for each witness that you seek to qualify as an expert is going to be like yours with Professor Benkler.

3. It may speed things along if you hand over the underlying basis for their expert testimony under the provisions of
MRE 705. If previously disclosed, just provide the BATES numbers.

I can assure you that we will have objections to the testimony of these expert witnesses, but we believe that the MI
will be able to address them as she has with the testimony of other witnesses.

Thanks.

MAJ Hurley

Page 78 of 2169

01394

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW rr PT ARMY AMDW ;Qvergaard, Angel

QPT USARMY ms); Whyje, ,1 HunIgr QPT USARMY ms); Euen, Alexander 5 (Alec) QPT USARMY ms);
MiIera, Ktherine QPT USARMY USARMY (US)

Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US)
Subject: RE: DOS Damage Assessment
Date: Wednesday, July 24, 2013 11:31 :37 AM



Thanks, sir. We'll come by after lunch.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, July 24, 2013 1:19 AM

To: Tooman, Joshua CPT USARMY 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 USARMY (US)

Subject: RE: DOS Damage Assessment

Josh,

We will have it in the trailer.

V/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, July 23, 2013 1:36 PM

To: 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 USARMY (US)

Subject: DOS Damage Assessment

Sir

Can you all please make the DOS damage assessment available tomorrow for our review? Thanks.



Josh

Page 79 of 2169

01395

From: Fein, Ashden MAJ USARMY MDW (US)
To: PT ARMY rr PT ARMY AMDW

PT ARMY ;v PT ARMY
WM rin PT 495mm,!ng

LJSARMY (us)
Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US)






Bcc:
"Mitroka, Katherine
CPT USARMY "Morrow, JoDean (Joe) CPT USARMY USAMDW
Subject: RE: DOS Damage Assessment
Date: Wednesday, July 24, 2013 12:51 :00 AM
Josh,

We will have it in the trailer.

V/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, July 23, 2013 1:36 PM

To: 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 USARMY (US)
Subject: DOS Damage Assessment

Sir

Can you all please make the DOS damage assessment available tomorrow for our review? Thanks.



Josh

Page 80 of 2169



01396



From: Tooman Joshua CPT USARMY (US)

To: USARMY USAMDW David 9429mm

Cc: Hurlev. Thomas MAJ USARMY (US): Fein. Ashden MAJ USARMY MDW (US)

Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Date: Tuesday, July 23, 2013 3:19:33 PM

(6

We would also like a seat for_, who is one of the summer interns at Meade and currently doing a TDS
rotation.

Thanks,

JT



From: USARMY USAMDW (US)

Sent: Tuesday, July 23, 2013 2:48 PM

To: David Coombs; Tooman, Joshua CPT USARMY (US)

Cc: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

Done!

Is it OK if I plan to have the rest of the seats available to the public?

v/r,
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

Page 81 of2169

01397

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: David Coombs [mailtozcoombs armycourtmartialdefense.com]

Sent: Tuesday, July 23, 2013 2:44 PM

To: USARMY USAMDW Tooman, Joshua CPT USARMY
(US)

Cc: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Chief,

I will need two of the seats in the second row for PFC Manning's Aunt and

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is


From:




USARMY USAMDW (US)

Sent: Tuesday, July 23, 2013 11:28 AM

To: David Coombs; Tooman, Joshua CPT USARMY (US)

Cc: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Understood! I will wait until tomorrow to finalize the sitting. If you
numbers remain the same, I'm tracking the following personnel attending from

the defense team: - Hall, Ganiel, and Smith. If the

Page 82 of 2169

01398

defense does not plan to use the second row, I will like to have it
available for public access to provide maximum opportunity for spectators to
see the closing arguments. Please let me know. Thank you!

v/r,



JA

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: David Coombs [m il rm i m]

Sent: Tuesday, July 23, 2013 11:15 AM

To: Tooman, Joshua CPT USARMY USARMY USAMDW
(US)

Cc: Hurley, Thomas MAJ USARMY (US)

Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Chief,

I have reached out to PFC Manning's aunt. I will let you know once I hear
from her. Right now, it is just_ and our Defense experts
(Chuck, Cass, and Lillian).

Best,

David

Page 83 of 2169

01399

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, July 23, 2013 9:31 AM

To: USARMY USAMDW (US)

Cc: Hurley, Thomas MAJ USARMY 'David Coombs'
Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Chief

MAJ Hurley's wife will be attending. Her name is

(6)



From: USARMY USAMDW (US)
Sent: Monday, July 22, 2013 5:06 PM

To: Tooman, Joshua CPT USARMY (US)

Subject: Attendance to closing Arguments (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
Can you please ask your team to see who, if anyone, besides the normal

Page 84 of 2169

people, is going to be here to see the closing arguments? I have lots of
request for individuals and I'm trying to come up with a sitting chart.
Thank you!

v/r,



JA

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

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 85 of2169

01400

01401



From: David Coombs

To: USARMY USAMDW Tooman, ,1 QPT (us)
Cc: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW (US)

Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Date: Tuesday, July 23, 2013 2:44:48 PM

Chief,

I will need two of the seats in the second row for PFC Manning's Aunt and

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is


From:



USARMY USAMDW (US)





Sent: Tuesday, July 23, 2013 11:28 AM

To: David Coombs; Tooman, Joshua CPT USARMY (US)

Cc: Hurley, Thomas MAJ USARMY Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Understood! I will wait until tomorrow to finalize the sitting. If you

numbers remain the same, I'm tracking the following personnel attending from
the defense team: - Hall, Ganiel, and Smith. If the
defense does not plan to use the second row, I will like to have it

available for public access to provide maximum opportunity for spectators to
see the closing arguments. Please let me know. Thank you!

Page 86 of 2169

01402

v/r,



JA

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: David Coombs [m il rm i m]

Sent: Tuesday, July 23, 2013 11:15 AM

To: Tooman, Joshua CPT USARMY USARMY USAMDW
(US)

Cc: Hurley, Thomas MAJ USARMY (US)

Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Chief,

I have reached out to PFC Manning?s aunt. I will let you know once I hear
from her. Right now, it is just_ and our Defense experts
(Chuck, Cass, and Lillian).

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 02906

Page 87 of 2169

01403

Toll Free: 1-800-588-4156
Local: (508) 689-4616

Fax: (508) 689-9282
coombs armycourtmartialdefense.com





>l<>l<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, July 23, 2013 9:31 AM

To: USARMY USAMDW (US)

Cc: Hurley, Thomas MAJ USARMY 'DaVid Coombs'
Subject: RE: Attendance to closing Arguments (UNCLASSIFIED)

Chief

MAJ Hurley's wife will be attending. Her name is?



From: USARMY USAMDW (US)
Sent: Monday, July 22, 2013 5:06 PM

To: Tooman, Joshua CPT USARMY (US)

Subject: Attendance to closing Arguments (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Can you please ask your team to see who, if anyone, besides the normal
people, is going to be here to see the closing arguments? I have lots of
request for individuals and I'm trying to come up with a sitting chart.
Thank you!

V/r,



(6
nge 88 of2169

01404

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

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 89 of 2169

01405

From: Tooman, Joshua CPT USARMY (US)
To: Fain, MAJ LJSARMY MDW Morrow, ,JQDgan (Joe) QPT LJSARMY LJSAMDW mm

QPT Whng, ,1 HunIgr QPT Alexander 5 (Algg) QPT
MiIera, QPT USARMY (US)



Cc: "David Coombs"; Hurley, Thomas MAJ USARMY USARMY (US)
Subject: DOS Damage Assessment

Date: Tuesday, July 23, 2013 1:36:13 PM

Sir

Can you all please make the DOS damage assessment available tomorrow for our review? Thanks.



Josh

Page 90 of 2169

01406

From: Fein, Ashden MAJ USARMY MDW (US)
To: Th FMA ARMY
Cc: 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 USAMDW David Coombs







Bcc:

MDW CIV (US)
Subject: RE: Sentencing Witness Schedule
Date: Tuesday, July 23, 2013 9:10:00 AM
MAJ Hurley,

We did not forget about this request. We are still trying to get a hold of two more witnesses, and then we should be
finished.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, July 22, 2013 9:07 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 -
USARMY USAMDW David Coombs

Subject: Sentencing Witness Schedule

MAJ Fein

1. Can we get the sentencing witness schedule you were talking about on Friday?

2. Can we also get the witness list that indicates what witnesses are experts and their proffered areas of expertise? I
don't need a scanned version of the AE - just a word/PDF of what you filed.

Thanks.

V/r

MAJ Hurley

Page 91 of2169

01407

From: Fein, Ashden MAJ USARMY MDW (US)
To: r Th FMA ARMY
Cc: 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 USAMDW David Coombs

Subject: RE: Sentencing Witness Schedule

Date: Monday, July 22, 2013 9:57:00 AM

Attachments: 130515-Accounting of Discovery and Experts (CORRECTED







MAJ Hurley,

We are finalizing the schedule with the witnesses and will send it out hopefully by COB today. We intend not to
schedule the Army/unit/LE witnesses, and have them available to plug holes or fill time gaps. Otherwise for the
following, we predict two witnesses per day, between direct/cross, expert qualifications, and court room closures:
Feeley, Dibble, Kirchhofer, Carr, Kozak, Nagata, Swart, Chesnutt, Aboul-Enein, McCarl, Donegan, Pearson,
McKenzie, and McRobbie. For Kennedy, we are going to plan a day, and have military ready to go to fill extra
t1me.

For the expert qualifications, we are re-looking at what we previously sent and will send an updated one by COB
today as well. I attached a copy of our last filing we sent the Court.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, July 22, 2013 9:07 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 -
USARMY USAMDW David Coombs
Subject: Sentencing Witness Schedule

MAJ Fein

1. Can we get the sentencing witness schedule you were talking about on Friday?

2. Can we also get the witness list that indicates what witnesses are experts and their proffered areas of expertise? I
don't need a scanned version of the AE - just a word/PDF of what you filed.

Thanks.

v/r

MAJ Hurley

Page 92 of 2169

01408

Page 93 of 2169

From:
To:

Subject:
Date:

01409

Hurley, Thomas MAJ USARMY (US)
in A MA ARMY MDW

Joshua CPT USARMY US 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 David Coombs (6)

Sentencing Witness Schedule

Monday, July 22, 2013 9:06:53 AM





MAJ Fein

1. Can we get the sentencing witness schedule you were talking about on Friday?

2. Can we also get the witness list that indicates what witnesses are experts and their proffered areas of expertise? I
don't need a scanned version of the AE - just a word/PDF of what you filed.

Thanks.

V/r

MAJ Hurley

Page 94 of 2169

01410







From: Fein, Ashden MAJ USARMY MDW (US)

To: Th MA ARMY

Cc: David Coombs; Tooman, Joshua CPT USARMY USARMY Morrow JoDean
(Joe) CPT USARMY USAMDW Overgaard Angel CPT USARMY Whyte Hunter CPT USARMY
von Ehen, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY
- USARMY (US)

Subject: Shaver Testimony

Date: Wednesday, July 17, 2013 2:39:00 PM

Attachments: Shaver

MAJ Hurley,

Our scanner finally worked. Attached are the scanned background documents for SA Shaver's testimony. These
serve as the basis of his testimony.

V/r
MAJ Fein

Page 95 of2169

01411





From: Fein, Ashden MAJ USARMY MDW (US)
To: David @me5; Hurley, Thomas (its); TQQman, ,(gehue ,1 QPT (its)
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: Email Tweets
Date: Monday, July 15, 2013 10:26:00 PM
Attachments: Locations of original Collateral Murder Videogdf
9412020034.gdf

12558544922.gdf
Gents,

Attached are the email and tweets recovered by SA Shaver. These are not the originally recovered versions. We
will produce those once SA Shaver grabs them forensically.

v/r
MAJ Fein

Page 96 of 2169

01412

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David Q?ngbs"
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 -

Bcc=
MDW CIV (US)
Subject: RE: Monday Issues (UNCLASSIFIED)
Date: Saturday, July 13, 2013 10:49:00 AM



David,
Thank you. I will get back to you tomorrow afternoon with a phone call.

v/r
Ashden



From: David Coombs [mailto:coombs armycourtmartialdefense.com]

Sent: Friday, July 12, 2013 6:26 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Tooman, Joshua CPT USARMY Hurley, Thomas MAJ USARMY

USARMY 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 USARMY Ft McNair Mailbox
MDW Court Reporters USARMY USAMDW (US)

Subject: RE: Monday Issues (UNCLASSIFIED)

Ashden,

After reading Kimoto, let me know if you still wish to confer on whether
emails are "statements" for RCM 914 purposes and/or whether there is any
specific material that you want and what authority you rely upon to argue
production of the material is required under RCM 914. You can reach me on
my cell at (401) 744-3007.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Page 97 of 2169

01413



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, July 12, 2013 5:53 PM

To: Lind, Denise COL USARMY David Coombs

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 (US)

Subject: RE: Monday Issues (UNCLASSIFIED)
Ma'am,
The United States acknowledges this email.

v/r
MAJ Fein



From: Lind, Denise COL USARMY (US)

Sent: Friday, July 12, 2013 5:40 PM

To: David Coombs

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 Fein,
Ashden MAJ USARMY MDW USARMY USAMDW (US)

Subject: RE: Monday Issues (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Counsel,

Government - contact Defense and let them know what material you want and
what authority you rely upon to argue production of the material is required
under RCM 914. RCM 914(a) and define "statement" for purposes of RCM
914. Defense, have available any statement of defense witnesses that you, in
good faith, believe is required to be produced under the rule.

See US. v. Kimoto, 588 F.3d 464 (7th Cr. 2009).

If this isn't resolved when you confer, then on Monday morning, provide
authority to the Court upon which either side relies to determine that the
material sought by the Government is/is not a "statement" under RCM 914.



DENISE R. LIND
COL, JA

Page 98 of 2169

01414

Chief Judge, 1st Judicial Circuit



From: David Coombs [mailtozcoombs armycourtmartialdefense.com]

Sent: Friday, July 12, 2013 4:21 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 Fein,

Ashden MAJ USARMY MDW USARMY USAMDW (US)






Subject: RE: Monday Issues (UNCLASSIFIED)
Ma'am,

The Defense would request a point of clarification regarding "statements"
that fall within RCM 914. Is the Court requesting that the Defense compile
all emails between defense counsel and our witnesses? If so, the Defense
would request that the Government compile all of its emails between trial
counsel and its witnesses for our surrebuttal case in the event that the
Government has a rebuttal case. The Defense requests that the Government
compile these emails by Monday as well. Finally, if there is a rebuttal

case by the Government, we will need to discuss the timing of the Defense
surrebuttal.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Lind, Denise COL USARMY (US)

Sent: Friday, July 12, 2013 3:56 PM

Page 99 of 2169

01415

To: Fein, Ashden MAJ USARMY MDW (US)
Cc: David Coombs; 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 (US)
Subject: RE: Monday Issues (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Counsel,

Please have legal authority ready when we litigate this. Defense - have the
information available for discovery if ordered.



DENISE R. LIND
COL, A
Chief Judge, 1st Judicial Circuit



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, July 12, 2013 3:47 PM

To: Lind, Denise COL USARMY (US)

Cc: David Coombs; 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

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED

Page 101 of2169

01417

Caveats: NONE

Page 102 of 2169

01418

From: David Coombs
To: in A MA ARMY MDW
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 (US) (6)
Subject: RE: Monday Issues (UNCLASSIFIED)
Date: Friday, July 12, 2013 6:26:38 PM



Ashden,

After reading Kimoto, let me know if you still wish to confer on whether
emails are "statements" for RCM 914 purposes and/0r whether there is any
specific material that you want and what authority you rely upon to argue
production of the material is required under RCM 914. You can reach me on
my cell at (401) 744-3007.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, July 12, 2013 5:53 PM

To: Lind, Denise COL USARMY David Coombs

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 (US)

Subject: RE: Monday Issues (UNCLASSIFIED)
Ma'am,

The United States acknowledges this email.

Page 103 of 2169

01419

v/r
MAJ Fein



From: Lind, Denise COL USARMY (US)

Sent: Friday, July 12, 2013 5:40 PM

To: David Coombs

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 Fein,
Ashden MAJ USARMY MDW USARMY USAMDW (US)

Subject: RE: Monday Issues (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Counsel,

Government - contact Defense and let them know what material you want and
what authority you rely upon to argue production of the material is required
under RCM 914. RCM 914(a) and define "statement" for purposes of RCM
914. Defense, have available any statement of defense witnesses that you, in
good faith, believe is required to be produced under the rule.

See US. v. Kimoto, 588 F.3d 464 (7th Cr. 2009).

If this isn't resolved when you confer, then on Monday morning, provide
authority to the Court upon which either side relies to determine that the
material sought by the Government is/is not a "statement" under RCM 914.



DENISE R. LIND
COL, A
Chief Judge, 1st Judicial Circuit



From: David Coombs [m il rm i m]

Sent: Friday, July 12, 2013 4:21 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 Fein,

Ashden MAJ USARMY MDW USARMY USAMDW (US)






Page 104 of 2169

01420

Subject: RE: Monday Issues (UNCLASSIFIED)
Ma'am,

The Defense would request a point of clarification regarding "statements"
that fall within RCM 914. Is the Court requesting that the Defense compile
all emails between defense counsel and our witnesses? If so, the Defense
would request that the Government compile all of its emails between trial
counsel and its witnesses for our surrebuttal case in the event that the
Government has a rebuttal case. The Defense requests that the Government
compile these emails by Monday as well. Finally, if there is a rebuttal

case by the Government, we will need to discuss the timing of the Defense
surrebuttal.

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Lind, Denise COL USARMY (US)

Sent: Friday, July 12, 2013 3:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: David Coombs; 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 (US)
Subject: RE: Monday Issues (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Counsel,

Please have legal authority ready when we litigate this. Defense - have the
information available for discovery if ordered.



Page 105 of2169

01421

DENISE R. LIND
COL, A
Chief Judge, 1st Judicial Circuit



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, July 12, 2013 3:47 PM

To: Lind, Denise COL USARMY (US)

Cc: David Coombs; 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 (US)
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



From: David Coombs [mailtozcoombs armycourtmartialdefense.com]

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

Page 106 of 2169

01422

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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 107 of 2169

01423

From: Fein, Ashden MAJ USARMY MDW (US)
To: rl Th MA ARMY a)QDean (Joe) QPT USARMY USAMDW
rm rmril fn . m"
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:
CPT USARMY (US)
Subject: Re: Danny Lewis
Date: Monday, July 01,201312:00:27 PM



MAJ Hurley. We asked mr lewis and informed us that he asked for the data in person and received it from his
subordinates.

Vr
MAJ Fein

Original Message

From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, July 01, 2013 11:21 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
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<>lcontain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, June 20, 2013 5:47 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-Update

Gents,

Attached are Johnson and Wisecarver. The portions of Wisecarver that we
disagree on have been deleted because they are cumulative with Johnson. If

you accept Wisecarver, then the parties can focus our negotiation on Johnson
alone.

Page 216 of2169

01532

We have a CD with #23 and #107 ready to go with their proposed testimony
separated. Would you like us to bring it over to you with the computer so
you can make edits, if needed?

We are still working through the other State witnesses you gave us, and you
should still have Murphy, Seche, and Aboul-Enein.

Thanks.

V/r
MAJ Fein

Page 217 of2169

01533

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-Update
Date: Thursday, June 20, 2013 5:51:23 PM
Sir

We are happy to accept delivery of #23 and #107. Have the delivery person give me a call at_ if the
SJ A's door is locked and I will run downstairs.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, June 20, 2013 5:46 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-Update

Gents,
Attached are Johnson and Wisecarver. The portions of Wisecarver that we disagree on have been deleted because
they are cumulative with Johnson. If you accept Wisecarver, then the parties can focus our negotiation on Johnson

alone.

We have a CD with #23 and #107 ready to go with their proposed testimony separated. Would you like us to bring
it over to you with the computer so you can make edits, if needed?

We are still working through the other State witnesses you gave us, and you should still have Murphy, Seche, and
Aboul-Enein.

Thanks.

v/r
MAJ Fein

Page 218 of2169

01534





From: Fein, Ashden MAJ USARMY MDW (US)

To: David Th MA ARMY TQQman, (Joshua ,1 QPT LJSARMY (LJS)

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-Update

Date: Thursday, June 20, 2013 5:46:00 PM

Attachments: 130620 (1745) Stipulation of Expected Testimony (JohnsonG).docx
130620 (1745) Stipulation of Expected Testimony (WisecarverC).docx

Gents,

Attached are Johnson and Wisecarver. The portions of Wisecarver that we disagree on have been deleted because
they are cumulative with Johnson. If you accept Wisecarver, then the parties can focus our negotiation on Johnson

alone.

We have a CD with #23 and #107 ready to go with their proposed testimony separated. Would you like us to bring
it over to you with the computer so you can make edits, if needed?

We are still working through the other State witnesses you gave us, and you should still have Murphy, Seche, and

Aboul-Enein.

Thanks.

V/r
MAJ Fein

Page 219 of2169

01535

From: Fein, Ashden MAJ USARMY MDW (US)
To: David r Th MA ARMY TQQman, (Joshua ,1 QPT LJSARMY (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-Update
Date: Thursday, June 20, 2013 1:47:00 PM
Gents,

We received the stipulations you dropped off this afternoon. Below is an accounting of the current working
stipulations. We have #23 and #107 ready for your review and they are classified. We will start reviewing the

returned stips this afternoon.

Witness

Sent to Defense

Dr. Johnson, Glen

20-Jun (email to defense)

Mr. Wisecarver

20-Jun (email to defense)

AMB Pearce

20-Jun (received back from defense)
AMB Seche

1 8-Jun

AMB Yamamoto

20-Jun (received back from defense)
Mr. Yun

20-Jun (received back from defense)
Mr. Feeley

20-Jun (received back from defense)
Mr. Moore

20-Jun (received back from defense)

Page 220 of 2169

01536

AMB Yavonovitch

20-Jun (received back from defense)
Mr. Pittman

20-Jun (received back from defense)
Mr. Murphy

20-Jun

Mr. anek

20-Jun (received back from defense)
Mr. Mundy

20-Jun (received back from defense)
#23

20-Jun (ready for defense)

#107

20-Jun (ready for defense)

CDR Aboul-Enein

17-Jun

v/r

MAJ Fein

Page 221 of 2169

01537





From: Fein, Ashden MAJ USARMY MDW (US)

To: David Th MA ARMY TQQman, (Joshua ,1 QPT LJSARMY (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

Date: Thursday, June 20, 2013 1:10:00 PM

Attachments: 130620 (1145) Stipulation of Expected Testimony

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 222 of 2169

01538

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW Th FMA ARMY ;David mgmhe
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: Wednesday, June 19, 2013 6:51:20 PM



Sir
Are you guys still around? We can bring you the following in about 30 min:

Feeley
Yovanovitch
Pearce
Pittman
Moore

Givemeacauz?



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, June 19, 2013 2:46 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

Thanks.



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

Page 223 of 2169

01539

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) 6

Subject: Stips

Gents,
We finished the following stipulations:

Seche
Feeley
Mundy
anek
#23
#107
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 224 of 2169

01540

From: Fein, Ashden MAJ USARMY MDW (US)
To: TQQman ,(gehua 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)
Subject: RE: Stips
Date: Wednesday, June 19, 2013 2:46:00 PM
Thanks.


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. anek. 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:

Seche
Feeley
Mundy
anek
#23
#107
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 225 of 2169

01541

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 226 of 2169

01542

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW 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)
Subject: RE: Stips
Date: Wednesday, June 19, 2013 2:44:07 PM
Attachments: Murphy Stip.docx



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:

Seche
Feeley
Mundy
anek
#23
#107
Murphy

Newewwr

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 227 of 2169

01543



INSTRUCTIONS FOR PREPARING AND ARRANGING RECORD OF TRIAL





USE OF FORM Use this form and MOM, 1984,
Appendix 14, will be used by the trial counsel and
the reporter as a guide to the preparation of the
record of trial in general and special court?martial
cases in which a verbatim record is prepared. Air
Force uses this form and departmental
instructions as a guide to the preparation of the
record of trial in general and special court?martial
cases in which a summarized record is authorized.
Army and Navy use DD Form 491 for records of
trial in general and special court?martial cases in
which a summarized record is authorized.
lnapplicable words of the printed text will be
deleted.

COPIES See MOM, 1984, RCM 1103(g). The
convening authority may direct the preparation of
additional copies.

ARRANGEMENT When forwarded to the
appropriate Judge Advocate General or for judge
advocate review pursuant to Article 64(a), the
record will be arranged and bound with allied
papers in the sequence indicated below. Trial
counsel is responsible for arranging the record as
indicated, except that items 6, 7, and 15e will be
inserted by the convening or reviewing authority,
as appropriate, and items 10 and 14 will be
inserted by either trial counsel or the convening or
reviewing authority, whichever has custody of
them.

1. Front cover and inside front cover (chronology
sheet) of DD Form 490.

2. Judge advocate's review pursuant to Article
64(a), if any.

3. Request of accused for appellate defense
counsel, or waiver/withdrawal of appellate rights,
if applicable.

4. Briefs of counsel submitted after trial, if any
(Article

5. DD Form 494, "Court?Martial Data Sheet."

6. Court?martial orders promulgating the result of
trial as to each accused, in 10 copies when the
record is verbatim and in 4 copies when it is
summarized.

7. When required, signed recommendation of
staff judge advocate or legal officer, in duplicate,
together with all clemency papers, including
clemency recommendations by court members.



8. Matters submitted by the accused pursuant to
Article 60 (MOM, 1984, RCM 1105).

9. DD Form 458, "Charge Sheet" (unless included
at the point of arraignment in the record).

10. Congressional inquiries and replies, if any.

11. DD Form 457, "Investigating Officer's Report,"
pursuant to Article 32, if such investigation was
conducted, followed by any other papers which
accompanied the charges when referred for trial,
unless included in the record of trial proper.

12. Advice of staff judge advocate or legal officer,
when prepared pursuant to Article 34 or otherwise.

13. Requests by counsel and action of the
convening authority taken thereon requests
concerning delay, witnesses and depositions).

14. Records of former trials.
15. Record of trial in the following order:
a. Errata sheet, if any.

b. lndex sheet with reverse side containing
receipt of accused or defense counsel for copy of
record or certificate in lieu of receipt.

c. Record of proceedings in court, including
Article 39(a) sessions, if any.

d. Authentication sheet, followed by certificate
of correction, if any.

e. Action of convening authority and, if appro?
priate, action of officer exercising general court?
martial jurisdiction.

f. Exhibits admitted in evidence.

g. Exhibits not received in evidence. The page
of the record of trial where each exhibit was
offered and rejected will be noted on the front of
each exhibit.

h. Appellate exhibits, such as proposed in?
structions, written offers of proof or preliminary
evidence (real or documentary), and briefs of
counsel submitted at trial.



DD FORM 490, MAY 2000

Inside of Back Cover



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