Title: Volume FOIA 008

Release Date: 2014-03-20

Text: 02208



Volume 8 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, 17?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DD FORM 490, MAY 2000 PREVIOUS EDITION IS OBSOLETE Front Cover



02209

MAJ Hurley,

I also apologize for keeping you on the phone for so long. I was on the other line and could not hang up. If my
previous email does not answer the mail for your call, please call back. Thanks!

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 10:38 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS
office.





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 888 of 2169

02210



From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

Date: Tuesday, April 09, 2013 11:41 :00 AM

Attachments: 20130409-OTP for Defense v2. df

Full OTP with Page 5.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 11:34 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

Your apology is not necessary. I didn't get page 5 of this deal.
Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 09, 2013 2:48 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Hurley,

I also apologize for keeping you on the phone for so long. I was on the other line and could not hang up. If my
previous email does not answer the mail for your call, please call back. Thanks!

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 10:38 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS

office.





From: Fein, Ashden MAJ USARMY MDW (US)

Page 889 of 2169

02211

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 890 of 2169

02212



From: Hurley, Thomas MAJ USARMY1US)

To: in A MA ARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

Date: Tuesday, April 09, 2013 11:34:21 AM

MAJ Fein

Your apology is not necessary. I didn't get page 5 of this deal.
Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 09, 2013 2:48 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Hurley,

I also apologize for keeping you on the phone for so long. I was on the other line and could not hang up. If my
previous email does not answer the mail for your call, please call back. Thanks!

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 10:38 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS
office.





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,
We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to

the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,

Page 891 of 2169

02213

tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 892 of 2169

02214



From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

Date: Tuesday, April 09, 2013 10:48:00 AM

MAJ Hurley,

I also apologize for keeping you on the phone for so long. I was on the other line and could not hang up. If my
previous email does not answer the mail for your call, please call back. Thanks!

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 10:38 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS
office.





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 893 of 2169

02215

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Bcc:

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





Subject: RE: OTP

Date: Tuesday, April 09, 2013 10:46:00 AM
Attachments: 20130409-OTP for Defense v1.pdf
MAJ Hurley,

Attached is our draft OTP that we just cleared with the SJ A. This is our 99% proposal because we still need to
conduct the final edit. Also, we left out identifying information purposefully until the last iteration. Please let us
know what, if any, sections you would like to discuss or get clarification on.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 10:38 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS
office.





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 894 of 2169

02216

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

Date: Tuesday, April 09, 2013 10:40:00 AM



Scanning and sending.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, April 09, 2013 10:38 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS
office.





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 895 of 2169

02217



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: OTP

Date: Tuesday, April 09, 2013 10:37:58 AM

MAJ Fein

I would like to get this deal as soon as possible. I am in a place that allows for easier printing than the Meade TDS
office.





From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 08, 2013 10:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 896 of 2169

02218



From: Fein, Ashden MAJ USARMY MDW (US)

To: Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: OTP

Date: Monday, April 08, 2013 6:52:00 PM

MAJ Hurley,

We have finished our draft OTP, but we have to give it to the SJ A first. He left late this afternoon to take his wife to
the airport for her return to Afghanistan. We plan on presenting him with it first thing tomorrow morning and will
have it out the door once he signs off. I can explain each paragraph with you over the phone if you would like,
tonight or tomorrow morning. I apologize for this but we are trying to work around his schedule which should
normalize starting tomorrow.

V/r
MAJ Fein

Page 897 of 2169

02219





From: Fein, Ashden MAJ USARMY MDW (US)
To: r Th MA ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Bcc:
1&1; USARMY
Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY von Elten,
Alexander (Alec) CPT USARMY Whyte, Hunter CPT USARMY (US)
Subject: FW: defense nonlocal witnesses (UNCLASSIFIED)
Date: Monday, April 08, 2013 2:41:00 PM
MAJ Hurley,

I am sorry I could not make our meeting. I had a phone meeting in reference to our 802 last week and could not
change. Joe updated me about your chat. As far as the quantum is concerned, the SJ A did not feel that 25 years
and no fine was appropriate. He was still hovering on 30 years, and had not considered a limitation on the fine.

Please see the below for a breakdown of the sentencing witnesses. When asked, we gave the SJ A a macro-level
rundown of these witness numbers. Also note, that our witness list only accounts for Sentencing witnesses under
the assumption there is a contested merits portion. Our allocation of witnesses for sentencing will change if there is
a deal, thus the agreed upon witnesses will also change. Based on the below, it appears there are 30 out of town
witnesses (more than 50 miles from Fort Meade). It would seem that one-quarter (8 persons) of the witnesses
would be reasonable for in-person testimony and no international witnesses (based on interruptions to unit
deployments, cost savings, and coordination across time zones), although we will of course coordinate for
telephonic testimony of the remainder on the witnesses.

Thanks!

v/r
MAJ Fein



From: Overgaard, Angel CPT USARMY (US)

Sent: Monday, April 08, 2013 12:39 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: FW: defense nonlocal witnesses (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gents:

Here is the breakdown of out of town witnesses: 30 out of town witnesses, assuming Ms. is local,
with 6 of those 30 being international; 5 of those 30 out of town witnesses (with 2 of the 5 being international) are
listed on our witness list for sentencing as well. The details are below.

Defense Out of Town Witnesses):

Benkler;
Moulton;
Worsley;

Defrank (Cooley);

Antolak;
Freeburg;

Page 898 of 2169

Balonek;
Miller;
Gaab;
Major;
Milliman;
Clausen;
Dreher;
Madaras;
Kerns;
Lamo;
Fields;
Adkins;
Padgett;
Showman;
Walsh;
CPT Michael Johnson (AK)

International:

Keay

Cherepko;

Fulton;

Sadtler;

Ehresman (still in Korea?)

Defense Local Witnesses:
Lim

Debra Van
Ganiel

Smith

Davis

Hall

nebuuan

Overlap Between Defense and Pros for Sentencing (listed above as well):

Showman

Adkins

Miller

Fulton (international)
Cherepko (international)
Lim (local)

Page 899 of 2169

02220

02221

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Bcc:

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





Subject: RE: SJA MTG
Date: Monday, April 08, 2013 11:35:00 AM
MAJ Hurley,

We will meet you downstairs to discuss. I think there is some confusion here. If we are both calling witnesses, I
agree that it would be odd to limit the accused to a certain number of common witnesses; however if there is a deal,
we highly doubt there are many common witnesses so this becomes a resourcing issues for production and not a
limitation of evidence presentation. We will have the two witness lists at our meeting to discuss.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 08, 2013 11:06 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: SJA MTG

MAJ Fein

We haven't discussed this provision in any way with PFC Manning. As I said last Monday, we have discussed the
deal and its provisions generally. I have no idea how he will react to this provision.

A number would be difficult. For instance, does it count against our total if we are both calling these witnesses?

Our position would be that, in this case, no limitation on production (besides those that exist already) is reasonable.
We are concerned already that this deal will limit our presentation. Limiting production of out-of-town witnesses
will further heighten that concern.

From my perspective, the resolution on this deal is your including the most generous language the SJ A can support.
You would then forward us that document in Word format in case Manning doesn't want to agree to that language.
We recognize that deviation from approved language courts disapproval of the deal.

We can talk about this in person when I come by at 1300 to p/u some discovery.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, April 05, 2013 7:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: SJA MTG

MAJ Hurley,

Page 900 of 2169

02222

We sat down with the SJ A this afternoon for about 2.5 hours to discuss the two different OTPs and their provisions.
Overall, the SJ A supports the "no quantum" deal that you, me, and Joe agreed upon during our meeting last week.

With his guidance, we will draft the proposed PTA, run the document by him again, and should have it to you by
COB Monday to share with your client. The SJA's interest is in having this deal resolved as soon as possible, with
buy-in from everyone on the defense.

Finally, the SJ A asked about a standard condition in MDW PTAs that we never addressed during our meetings-
limiting the number of out-of-town witnesses for sentencing. Normally MDW limits funding out-of-town travel to
one defense witness; but, we all agreed that does not seem reasonable in this case. We told the SJA we would get
back to him on what a reasonable number would be after discussing with you. Could you please discuss with the

defense and let us know? Of course, this would not limit the defense's ability to call the witnesses for telephonic
testimony, just limiting travel.

If you would like to discuss over the weekend, please let me know.
Thanks and have a good weekend!

v/r
MAJ Fein

Page 901 of 2169

02223



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: SJA MTG

Date: Monday, April 08, 2013 11:05:56 AM

MAJ Fein

We haven't discussed this provision in any way with PFC Manning. As I said last Monday, we have discussed the
deal and its provisions generally. I have no idea how he will react to this provision.

A number would be difficult. For instance, does it count against our total if we are both calling these witnesses?
Our position would be that, in this case, no limitation on production (besides those that exist already) is reasonable.
We are concerned already that this deal will limit our presentation. Limiting production of out-of?town witnesses

will further heighten that concern.

From my perspective, the resolution on this deal is your including the most generous language the SJ A can support.
You would then forward us that document in Word format in case Manning doesn't want to agree to that language.
We recognize that deviation from approved language courts disapproval of the deal.

We can talk about this in person when I come by at 1300 to p/u some discovery.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, April 05, 2013 7:52 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: SJA MTG

MAJ Hurley,

We sat down with the SJ A this afternoon for about 2.5 hours to discuss the two different OTPs and their provisions.
Overall, the SJ A supports the "no quantum" deal that you, me, and Joe agreed upon during our meeting last week.

With his guidance, we will draft the proposed PTA, run the document by him again, and should have it to you by
COB Monday to share with your client. The SJA's interest is in having this deal resolved as soon as possible, with
buy-in from everyone on the defense.

Finally, the SJ A asked about a standard condition in MDW PTAs that we never addressed during our meetings-
limiting the number of out-of?town witnesses for sentencing. Normally MDW limits funding out-of?town travel to
one defense witness; but, we all agreed that does not seem reasonable in this case. We told the SJA we would get
back to him on what a reasonable number would be after discussing with you. Could you please discuss with the

defense and let us know? Of course, this would not limit the defense's ability to call the witnesses for telephonic
testimony, just limiting travel.

If you would like to discuss over the weekend, please let me know.
Thanks and have a good weekend!
v/r

MAJ Fein

Page 902 of 2169

02224

Page 903 of 2169

02225

From: Fein, Ashden MAJ USARMY MDW (US)
To: PT 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
David E. Coombs; Hurley, Thomas MAJ USARMY (US)





Bcc:

USARMY
Subject: RE: Florinda White (UNCLASSIFIED)
Date: Sunday, April 07, 2013 7:48:00 PM
Josh,

We will take a 100k tomorrow and get back to you.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Friday, April 05, 2013 3:31 PM

To: Fein, Ashden MAJ USARMY MDW (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 David E. Coombs;
Hurley, Thomas MAJ USARMY (US)

Subject: Florinda White (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Sir

The contact number for Florinda White (AKA Witness 129) is not working. Do
you all have an updated number for her?

Thanks,

Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy

Page 904 of 2169

02226

Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.

Classification: UNCLASSIFIED

Caveats: NONE

Page 905 of 2169

02227





From: Fein, Ashden MAJ USARMY MDW (US)
To: r Th MA ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Bcc:
1&1; USARMY
Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY von Elten,
Alexander (Alec) CPT USARMY Whyte, Hunter CPT USARMY (US)
Subject: SJA MTG
Date: Friday, April 05, 2013 3:52:00 PM
MAJ Hurley,

We sat down with the SJ A this afternoon for about 2.5 hours to discuss the two different OTPs and their provisions.
Overall, the SJ A supports the "no quantum" deal that you, me, and Joe agreed upon during our meeting last week.

With his guidance, we will draft the proposed PTA, run the document by him again, and should have it to you by
COB Monday to share with your client. The SJA's interest is in having this deal resolved as soon as possible, with
buy-in from everyone on the defense.

Finally, the SJ A asked about a standard condition in MDW PTAs that we never addressed during our meetings-
limiting the number of out-of-town witnesses for sentencing. Normally MDW limits funding out-of-town travel to
one defense witness; but, we all agreed that does not seem reasonable in this case. We told the SJA we would get
back to him on what a reasonable number would be after discussing with you. Could you please discuss with the

defense and let us know? Of course, this would not limit the defense's ability to call the witnesses for telephonic
testimony, just limiting travel.

If you would like to discuss over the weekend, please let me know.
Thanks and have a good weekend!

v/r
MAJ Fein

Page 906 of 2169

02228

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW
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
David E. Coombs; Hurley, Thomas MAJ USARMY (US)
Subject: Florinda White (UNCLASSIFIED)

Date: Friday, April 05, 2013 3:31 :28 PM



Classification: UNCLASSIFIED
Caveats: NONE
Sir

The contact number for Florinda White (AKA Witness 129) is not working. Do you all have an updated number for
her?

Thanks,

Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or attorney-client communication or may be
protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender. In addition, this communication may contain individually identifiable information the
disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?5 52a. Improper disclosure of protected information could result in civil action or criminal prosecution.

Classification: UNCLASSIFIED

Caveats: NONE

Page 907 of 2169

02229





From: Fein, Ashden MAJ USARMY MDW (US)

To: vi E.

Cc: 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
1&1

Subject: Discovery

Date: Friday, April 05, 2013 7:23:00 AM

David,

Yesterday we sent out the below discovery based on our continuing requirements.

Classified: FedEx to NWC (7994 4645 2120) containing reproduced enemy files and information originating from
our witnesses (BATES 00527227 00527310).

Unclassified: FedEx to your Office (7994 4642 0158) containing information originating from our witnesses and
photos of physical evidence (BATES 00527311 00527618).

We will deliver the same to MAJ Hurley this morning.

V/r
Ashden

Page 908 of 2169

02230

From: David E. 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 Whyte, Hunter CPT USARMY von Elten
Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY
USARMY Ft McNair Mailbox MDW Court Reporters OMB







Subject: RE: Government Filing

Date: Thursday, April 04, 2013 1:18:04 PM
Thank you.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 4, 2013 1:01 PM

To: David E. Coombs

Cc: 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 USARMY Ft McNair Mailbox MDW Court Reporters OMB
Subject: RE: Government Filing

David,

The meeting is at 1500 and the call instructions are the same. We are
meeting Josh at 1455 and not 1655.

v/r
Ashden



From: David E. Coombs [mailt0:coombs @armycourtmartialdefense.com]

Sent: Thursday, April 04, 2013 12:27 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox MDW Court Reporters OMB
Subject: RE: Government Filing

Ashden,

What time is today's call set to begin? Is the dial in information still
the same? Thanks.

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 4, 2013 11:37 AM

To: Lind, Denise COL USARMY (US)

Cc: Hurley, Thomas MAJ USARMY
Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY Whyte, Hunter CPT USARMY

Page 909 of 2169

02231

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

USARMY USARMY USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: RE: Government Filing

Ma'am,

The Fort McNair location is Conference Room 20, Building 39 (command
building). At 1500, we will have a paralegal meet you in front of the OSJ A
building to walk you over to the location.

CPT Tooman, one of us will meet you at 1655 in front of the command
building.

v/r
MAJ Fein



From: Lind, Denise COL USARMY (US)

Sent: Thursday, April 04, 2013 6:40 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: Re: Government Filing

Received. Please deliver all unclassified motion/attachments to me at MDW
courtroom as soon after 0900 as possible.

Thank you.


Original Message

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 12:22 AM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs 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 USARMY Ft
McNair Mailbox MDW Court Reporters OMB

Subject: Government Filing

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.

4. Article 32 Transcript of SA David Shaver [classified and

Page 910 of2169

02232

sent via SIPR.

5. Article 32 Transcript of SA David Shaver Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

v/r
MAJ Fein

Page 911 of2169

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW
Subject: RE: Government Filing (UNCLASSIFIED)
Date: PM

02233



Classification: UNCLASSIFIED
Caveats: NONE

Roger, thanks.

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Thursday, April 04, 2013 1:00 PM

To: Tooman, Joshua CPT USARMY (US)
Subject: RE: Government Filing (UNCLASSIFIED)

Josh- I wish I was that funny with the time issue but that was a mistake.
When you drive through the main gate next to the OSJ A (on the right), the
first big building on your left is the HQ. The CG's flag is out front of

the building. Just park wherever you can and walk towards the OSJ A, then
cross the street diagonal from the OSJ A and that is the building. We will

see you out front, so if you are lost just call my bb at?



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, April 04, 2013 11:54 AM

To: Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Government Filing (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

FYI: My internet is down or I would look this info up myself. Email still
works for some reason. Strange.

v/r

Page 912 of2169

02234

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060

This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 11:37 AM

To: Lind, Denise COL USARMY (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: RE: Government Filing

Ma'am,

The Fort McNair location is Conference Room 20, Building 39 (command
building). At 1500, we will have a paralegal meet you in front of the OSJ A
building to walk you over to the location.

CPT Tooman, one of us will meet you at 1655 in front of the command
building.

v/r
MAJ Fein



From: Lind, Denise COL USARMY (US)

Sent: Thursday, April 04, 2013 6:40 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: Re: Government Filing

Received. Please deliver all unclassified motion/attachments to me at MDW

Page 913 of2169

02235

courtroom as soon after 0900 as possible.

Thank you.


Original Message

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 12:22 AM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs 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 USARMY Ft
McNair Mailbox MDW Court Reporters OMB

Subject: Government Filing

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.
4. Article 32 Transcript of SA David Shaver [classified and
sent via SIPR.

5. Article 32 Transcript of SA David Shaver w/ Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

v/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 914 of2169

02236

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David E. (bombs'
Cc: 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
USARMY Ft McNair Mailbox MDW Court Reporters OMB







Subject: RE: Government Filing
Date: Thursday, April 04, 2013 1:00:00 PM
David,

The meeting is at 1500 and the call instructions are the same. We are meeting Josh at 1455 and not 1655.

v/r
Ashden



From: David E. Coombs [mailtozcoombs @armycourtmartialdefense.com]

Sent: Thursday, April 04, 2013 12:27 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox MDW Court Reporters OMB

Subject: RE: Government Filing

Ashden,

What time is today's call set to begin? Is the dial in information still
the same? Thanks.

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 4, 2013 11:37 AM

To: Lind, Denise COL USARMY (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: RE: Government Filing

Ma'am,
The Fort McNair location is Conference Room 20, Building 39 (command
building). At 1500, we will have a paralegal meet you in front of the OSJ A

building to walk you over to the location.

CPT Tooman, one of us will meet you at 1655 in front of the command
building.

Page 915 of2169

02237

v/r
MAJ Fein



From: Lind, Denise COL USARMY (US)

Sent: Thursday, April 04, 2013 6:40 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: Re: Government Filing

Received. Please deliver all unclassified motion/attachments to me at MDW
courtroom as soon after 0900 as possible.

Thank you.


Original Message

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 12:22 AM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs 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 USARMY Ft
McNair Mailbox MDW Court Reporters OMB

Subject: Government Filing

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.
4. Article 32 Transcript of SA David Shaver [classified and
sent via SIPR.

5. Article 32 Transcript of SA David Shaver w/ Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

Page 916 of2169

02238

V/r
MAJ Fein

Page 917 of2169

02239

From: David E. 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 Whyte, Hunter CPT USARMY von Elten
Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY USARMY
USARMY Ft McNair Mailbox MDW Court Reporters OMB







Subject: RE: Government Filing
Date: Thursday, April 04, 2013 12:28:03 PM
Ashden,

What time is today's call set to begin? Is the dial in information still
the same? Thanks.

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 4, 2013 11:37 AM

To: Lind, Denise COL USARMY (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: RE: Government Filing

Ma'am,

The Fort McNair location is Conference Room 20, Building 39 (command
building). At 1500, we will have a paralegal meet you in front of the OSJ A
building to walk you over to the location.

CPT Tooman, one of us will meet you at 1655 in front of the command
building.

v/r
MAJ Fein



From: Lind, Denise COL USARMY (US)

Sent: Thursday, April 04, 2013 6:40 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: Re: Government Filing

Received. Please deliver all unclassified motion/attachments to me at MDW
courtroom as soon after 0900 as possible.

Page 918 of2169

02240

Thank you.


Original Message

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 12:22 AM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs 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 USARMY Ft
McNair Mailbox MDW Court Reporters OMB

Subject: Government Filing

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.
4. Article 32 Transcript of SA David Shaver [classified and
sent via SIPR.

5. Article 32 Transcript of SA David Shaver w/ Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

v/r
MAJ Fein

Page 919 of2169

02241

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW
Subject: RE: Government Filing (UNCLASSIFIED)
Date: Thursday, April 04, 2013 11:53:36 AM



Classification: UNCLASSIFIED
Caveats: NONE

FYI: My internet is down or I would look this info up myself. Email still
works for some reason. Strange.

v/r

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 11:37 AM

To: Lind, Denise COL USARMY (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: RE: Government Filing

Ma'am,
The Fort McNair location is Conference Room 20, Building 39 (command
building). At 1500, we will have a paralegal meet you in front of the OSJ A

building to walk you over to the location.

CPT Tooman, one of us will meet you at 1655 in front of the command
building.

v/r
MAJ Fein

Page 920 of 2169

02242



From: Lind, Denise COL USARMY (US)

Sent: Thursday, April 04, 2013 6:40 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: 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 USARMY Ft McNair Mailbox
MDW Court Reporters OMB

Subject: Re: Government Filing

Received. Please deliver all unclassified motion/attachments to me at MDW
courtroom as soon after 0900 as possible.

Thank you.


Original Message

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, April 04, 2013 12:22 AM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs 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 USARMY Ft
McNair Mailbox MDW Court Reporters OMB

Subject: Government Filing

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.
4. Article 32 Transcript of SA David Shaver [classified and
sent via SIPR.

5. Article 32 Transcript of SA David Shaver w/ Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

v/r
MAJ Fein

Page 921 of 2169

02243

Classification: UNCLASSIFIED
Caveats: NONE

Page 922 of 2169

From: Fein, Ashden MAJ USARMY MDW (US)
To: PT ARMY
Subject: RE: Government Filing (UNCLASSIFIED)
Date: Thursday, April 04, 2013 11:37:00 AM

02244



You should have just received an email I sent to COL Lind. Sorry didn't let
you know before.



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, April 04, 2013 11:31 AM

To: Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Government Filing (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir
Do we have a location for this afternoon? Apologies ifI missed it?

Thanks,
Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, April 03, 2013 8:22 PM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs; 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 USARMY Ft McNair Mailbox MDW Court

Reporters OMB

Subject: Government Filing

Page 923 of 2169

02245

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.
4. Article 32 Transcript of SA David Shaver [classified and
sent via SIPR.

5. Article 32 Transcript of SA David Shaver w/ Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

v/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 924 of 2169

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW
Subject: RE: Government Filing (UNCLASSIFIED)
Date: Thursday, April 04, 2013 11:30:46 AM

02246



Classification: UNCLASSIFIED
Caveats: NONE

Sir
Do we have a location for this afternoon? Apologies ifI missed it?

Thanks,
Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, April 03, 2013 8:22 PM

To: Lind, Denise COL USARMY (US)

Cc: David E. Coombs; 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 USARMY Ft McNair Mailbox MDW Court

Reporters OMB

Subject: Government Filing

Ma'am,

Attached is the Government's Response to the Defense Request for Example
Witnesses. The following are the enclosures:

1. OCA Classification Guides [classified [ex parte] and
sent via SIPR.

2. OCA Classification Guides [unclassified] attached.

3. Grunden Motion with OCA Classification Guides Pinpoint Cites attached.

Page 925 of 2169

02247

4. Article 32 Transcript of SA David Shaver [classified and
sent via SIPR.

5. Article 32 Transcript of SA David Shaver Codeword Substitutions
[classified and sent via SIPR.

6. Webpage Screenshot #1 attached.

7. Webpage Screenshot #2 attached.

8. Webpage Screenshot #3 attached.

9. Email from Mr. Coombs, 12 Mar 13 attached.

We will deliver a copy of the classified enclosures to your office tomorrow
morning and have a copy available for you during the RCM 802 conference. We
sent Enclosures 4 and 5 to the defense security experts via SIPR and will

deliver a copy to the defense tomorrow, although they should already have a
copy of SA Shaver's testimony in the Article 32 transcript.

v/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 926 of 2169

02248



From: David E. Coombs

To: in A MA ARMY MDW Hurley, Thomas MAJ LJSARMY MerQw, (dog) QPT
LJSARMY LJSAMDW (L15)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Date: Wednesday, April 03, 2013 4:58:18 PM

Sounds good.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, April 3, 2013 4:52 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

That is fine. As I had written earlier, we are fine with sending a short
email focused on the parties still working on stipulations and giving her an
update by the end of next week.

v/r
Ashden



From: David E. Coombs [m il rm i m]

Sent: Wednesday, April 03, 2013 4:49 PM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

I think this is involving the judge in details that she does not need to be
included in, nor should she be included in. Much like with our PTA
discussions, the judge shouldn't hear how we make the sausage, only that we
made it.

I am not comfortable with detailing how we may get to witness stipulations
when that may or may not actually transpire. I would prefer to deal with

this by telling her that we are still working on the issue and will provide

her with an update during the next 39(a). Once we identify the witnesses
that we can agree to stipulate to, then we will provide her with the
stipulations so that she can cover them on the record with PFC Manning. We
may or may not have other stipulations dealing with:

1. Physical Evidence;
2. Documentary/Digital Evidence originating from Physical Evidence; and/or
3. Documentary/Digital Evidence not originating from Physical Evidence

If we have stipulations for any of the above, then we can alert her to this

fact once they are complete. At this point, I believe COL Lind is only
concerned about being updated on whether you will still have 141 witnesses

Page 927 of 2169

02249

or not, and whether there are any witnesses out of the remaining that we can
stipulate to because we do not have a disagreement about what they would
say. As such, I do not want to provide any additional detail other than we
are still working on this issue.

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 4:34 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Our thought was to follow the below plan for working on stipulations, and if
you agree to this plan share it with the Court. The idea is that this is

the OML for stipulations which seem to follow a natural progression. Once
we finalize 1, we move to 2, and so on. By giving her a joint plan, it will
show her that we are actually working on stips and our agree-to-agree is
serious.

1. Physical Evidence

2. Documentary/Digital Evidence originating from Physical Evidence 3.
Documentary/Digital Evidence not originating from Physical Evidence 4.
Three forms of Charged Documents (if applicable)- original form, as
recovered on BM's computers, and as found on WL- this could also be easier
if there is one stipulation as to all three forms, rather than the actual
document being admitted three times 5. Witness Testimony, by witness

v/r
Ashden



From: David E. Coombs [m il rm i m]

Sent: Wednesday, April 03, 2013 3:54 PM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

I am not sure how we could give much more detail on the notice of potential
stipulations for witnesses. You are still in the process of identifying

which witnesses you will be calling in light of PFC Manning's plea, and we
do not have finalized stipulations for any of the physical evidence.

I don't recall COL Lind asking for more specificity during our 802. All she
wanted was to be kept in the loop if certain witnesses were being stipulated
to or no longer being called so that she could estimate the length of trial.
As such, I would want to tell her that we are still working the issue and
that we will provide an update during the next Article 39(a). Your

Page 928 of 2169

02250

thoughts?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 3:44 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Thank you. Our intent was to send her more specificity based on her
guidance in chambers but will send an email based on below.

v/r
Ashden



From: David E. Coombs [m il rm i m]

Sent: Wednesday, April 03, 2013 11:32 AM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

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 929 of 2169

02251



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 11:21 AM

To: Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Thanks!

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 930 of 2169

02252

Page 931 of 2169

02253



From: Fein, Ashden MAJ USARMY MDW (US)

To: "David E. r Th MA ARMY Morrow, ,JQDgan (Joe) QPT LJSARMY LJSAMDW (L13)
Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Date: Wednesday, April 03, 2013 4:51 :00 PM

David,

That is fine. As I had written earlier, we are fine with sending a short email focused on the parties still working on
stipulations and giving her an update by the end of next week.

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 4:49 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

I think this is involving the judge in details that she does not need to be
included in, nor should she be included in. Much like with our PTA
discussions, the judge shouldn't hear how we make the sausage, only that we
made it.

I am not comfortable with detailing how we may get to witness stipulations
when that may or may not actually transpire. I would prefer to deal with

this by telling her that we are still working on the issue and will provide

her with an update during the next 39(a). Once we identify the witnesses
that we can agree to stipulate to, then we will provide her with the
stipulations so that she can cover them on the record with PFC Manning. We
may or may not have other stipulations dealing with:

1. Physical Evidence;
2. Documentary/Digital Evidence originating from Physical Evidence; and/or
3. Documentary/Digital Evidence not originating from Physical Evidence

If we have stipulations for any of the above, then we can alert her to this
fact once they are complete. At this point, I believe COL Lind is only
concerned about being updated on whether you will still have 141 witnesses
or not, and whether there are any witnesses out of the remaining that we can
stipulate to because we do not have a disagreement about what they would
say. As such, I do not want to provide any additional detail other than we
are still working on this issue.

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, April 3, 2013 4:34 PM

Page 932 of 2169

02254

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Our thought was to follow the below plan for working on stipulations, and if
you agree to this plan share it with the Court. The idea is that this is

the OML for stipulations which seem to follow a natural progression. Once
we finalize 1, we move to 2, and so on. By giving her a joint plan, it will
show her that we are actually working on stips and our agree-to-agree is
serlous.

1. Physical Evidence

2. Documentary/Digital Evidence originating from Physical Evidence 3.
Documentary/Digital Evidence not originating from Physical Evidence 4.
Three forms of Charged Documents (if applicable)- original form, as
recovered on BM's computers, and as found on WL- this could also be easier
if there is one stipulation as to all three forms, rather than the actual
document being admitted three times 5. Witness Testimony, by witness

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 3:54 PM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

I am not sure how we could give much more detail on the notice of potential
stipulations for witnesses. You are still in the process of identifying

which witnesses you will be calling in light of PFC Manning's plea, and we
do not have finalized stipulations for any of the physical evidence.

I don't recall COL Lind asking for more specificity during our 802. All she
wanted was to be kept in the loop if certain witnesses were being stipulated
to or no longer being called so that she could estimate the length of trial.
As such, I would want to tell her that we are still working the issue and
that we will provide an update during the next Article 39(a). Your
thoughts?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 3:44 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Page 933 of 2169

02255

Subject: RE: Stipulation
David,

Thank you. Our intent was to send her more specificity based on her
guidance in chambers but will send an email based on below.

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 11:32 AM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

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: Wednesday, April 3, 2013 11:21 AM

To: Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

Page 934 of 2169

02256

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Thanks!

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 935 of 2169

02257



From: David E. Coombs

To: Fain, MAL) L13ARMY MDW Hurley, Thomas MAL) L13ARMY Morrow, ,19Dgan (dog) LEPT
L13ARMY L13AMDW (L13)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Date: Wednesday, April 03, 2013 4:50:01 PM

Ashden,

I think this is involving the judge in details that she does not need to be
included in, nor should she be included in. Much like with our PTA
discussions, the judge shouldn't hear how we make the sausage, only that we
made it.

I am not comfortable with detailing how we may get to witness stipulations
when that may or may not actually transpire. I would prefer to deal with

this by telling her that we are still working on the issue and will provide

her with an update during the next 39(a). Once we identify the witnesses
that we can agree to stipulate to, then we will provide her with the
stipulations so that she can cover them on the record with PFC Manning. We
may or may not have other stipulations dealing with:

1. Physical Evidence;
2. Documentary/Digital Evidence originating from Physical Evidence; and/or
3. Documentary/Digital Evidence not originating from Physical Evidence

If we have stipulations for any of the above, then we can alert her to this
fact once they are complete. At this point, I believe COL Lind is only
concerned about being updated on whether you will still have 141 witnesses
or not, and whether there are any witnesses out of the remaining that we can
stipulate to because we do not have a disagreement about what they would
say. As such, I do not want to provide any additional detail other than we
are still working on this issue.

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 4:34 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Our thought was to follow the below plan for working on stipulations, and if
you agree to this plan share it with the Court. The idea is that this is

the OML for stipulations which seem to follow a natural progression. Once
we finalize 1, we move to 2, and so on. By giving her a joint plan, it will
show her that we are actually working on stips and our agree-to-agree is
serious.

1. Physical Evidence
2. Documentary/Digital Evidence originating from Physical Evidence 3.

Page 936 of 2169

02258

Documentary/Digital Evidence not originating from Physical Evidence 4.
Three forms of Charged Documents (if applicable)- original form, as
recovered on BM's computers, and as found on WL- this could also be easier
if there is one stipulation as to all three forms, rather than the actual
document being admitted three times 5. Witness Testimony, by witness

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 3:54 PM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

I am not sure how we could give much more detail on the notice of potential
stipulations for witnesses. You are still in the process of identifying

which witnesses you will be calling in light of PFC Manning's plea, and we
do not have finalized stipulations for any of the physical evidence.

I don't recall COL Lind asking for more specificity during our 802. All she
wanted was to be kept in the loop if certain witnesses were being stipulated
to or no longer being called so that she could estimate the length of trial.
As such, I would want to tell her that we are still working the issue and
that we will provide an update during the next Article 39(a). Your
thoughts?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 3:44 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Thank you. Our intent was to send her more specificity based on her
guidance in chambers but will send an email based on below.

v/r
Ashden



From: David E. Coombs [m il rm i m]

Sent: Wednesday, April 03, 2013 11:32 AM

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

Cc: Tooman, Joshua CPT USARMY (US)

Page 937 of 2169

02259

Subject: RE: Stipulation
Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

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: Wednesday, April 3, 2013 11:21 AM

To: Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Thanks!

v/r
MAJ Fein

Page 938 of 2169

02260



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 939 of 2169

02261

From: Fein, Ashden MAJ USARMY MDW (US)

To: "David E. momm"; r Th MA ARMY JoDean (Joe) LJSARMY LJSAMDW (US)
Cc: Tooman, Joshua CPT USARMY (US)

Bcc:

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





Subject: RE: Stipulation
Date: Wednesday, April 03, 2013 4:33:00 PM
David,

Our thought was to follow the below plan for working on stipulations, and if you agree to this plan share it with the
Court. The idea is that this is the OML for stipulations which seem to follow a natural progression. Once we
finalize 1, we move to 2, and so on. By giving her a joint plan, it will show her that we are actually working on
stips and our agree-to-agree is serious.

1. Physical Evidence

2. Documentary/Digital Evidence originating from Physical Evidence

3. Documentary/Digital Evidence not originating from Physical Evidence

4. Three forms of Charged Documents (if applicable)- original form, as recovered on BM's computers, and as found
on WL- this could also be easier if there is one stipulation as to all three forms, rather than the actual document
being admitted three times

5. Witness Testimony, by witness

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 3:54 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

I am not sure how we could give much more detail on the notice of potential
stipulations for witnesses. You are still in the process of identifying

which witnesses you will be calling in light of PFC Manning's plea, and we
do not have finalized stipulations for any of the physical evidence.

I don't recall COL Lind asking for more specificity during our 802. All she
wanted was to be kept in the loop if certain witnesses were being stipulated
to or no longer being called so that she could estimate the length of trial.
As such, I would want to tell her that we are still working the issue and
that we will provide an update during the next Article 39(a). Your
thoughts?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Page 940 of 2169

02262

Sent: Wednesday, April 3, 2013 3:44 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Thank you. Our intent was to send her more specificity based on her
guidance in chambers but will send an email based on below.

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 11:32 AM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

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: Wednesday, April 3, 2013 11:21 AM
To: Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe) CPT USARMY

Page 941 of 2169

02263

USAMDW (US)
Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Thanks!

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 942 of 2169

02264



From: David E. Coombs

To: in A MA ARMY MDW Hurley, Thomas MAJ LJSARMY Morrow, ,Jngan (dog) QPT
LJSARMY LJSAMDW (L13)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Date: Wednesday, April 03, 2013 3:54:42 PM

Ashden,

I am not sure how we could give much more detail on the notice of potential
stipulations for witnesses. You are still in the process of identifying

which witnesses you will be calling in light of PFC Manning's plea, and we
do not have finalized stipulations for any of the physical evidence.

I don't recall COL Lind asking for more specificity during our 802. All she
wanted was to be kept in the loop if certain witnesses were being stipulated
to or no longer being called so that she could estimate the length of trial.
As such, I would want to tell her that we are still working the issue and
that we will provide an update during the next Article 39(a). Your
thoughts?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 3:44 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

David,

Thank you. Our intent was to send her more specificity based on her
guidance in chambers but will send an email based on below.

v/r
Ashden



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

Sent: Wednesday, April 03, 2013 11:32 AM

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

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

Page 943 of 2169

02265

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: Wednesday, April 3, 2013 11:21 AM

To: Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Thanks!

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Page 944 of 2169

02266

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 945 of 2169

02267

From: Fein, Ashden MAJ USARMY MDW (US)

To: "David E. momm"; r Th MA ARMY (Joe) USARMY USAMDW (US)
Cc: Tooman, Joshua CPT USARMY (US)

Bcc:

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





Subject: RE: Stipulation
Date: Wednesday, April 03, 2013 3:43:00 PM
David,

Thank you. Our intent was to send her more specificity based on her guidance in chambers but will send an email
based on below.

v/r
Ashden



From: David E. Coombs [m il rm i m]

Sent: Wednesday, April 03, 2013 11:32 AM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe)
CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

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 946 of 2169

02268



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Wednesday, April 3, 2013 11:21 AM

To: Hurley, Thomas MAJ USARMY Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Thanks!

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 947 of 2169

02269

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW
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
David E. Coombs; Hurley, Thomas MAJ USARMY (US)

Subject: Tomorrow"s 802 (UNCLASSIFIED)

Date: Wednesday, April 03, 2013 3:13:21 PM



Classification: UNCLASSIFIED

Caveats: NONE

Sir

MAJ and David will be phoning in tomorrow, but I am available for an in-person 802.
Thanks,

Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel

9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or attorney-client communication or may be
protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender. In addition, this communication may contain individually identifiable information the
disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?5 52a. Improper disclosure of protected information could result in civil action or criminal prosecution.

Classification: UNCLASSIFIED

Caveats: NONE

Page 948 of 2169

02270



From: David E. Coombs

To: in A MA ARMY MDW Hurley, Thomas MAJ LJSARMY Morrow, ,Jngan (dog) QPT
LJSARMY LJSAMDW (L13)

Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Date: Wednesday, April 03, 2013 11:33:11 AM

Ashden,

The Defense will go over this proposed draft in more detail on the 9th of
April. We will have an final answer for you on this draft, and the possible
PTA courses of action by the end of next week. For the update that is due
today, I suggest we notify COL Lind that we are still in the process of
exploring possible stipulations for witnesses, and will provide her with an
additional update during our next 39(a) session.

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: Wednesday, April 3, 2013 11:21 AM

To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: RE: Stipulation

MAJ Hurley,

Attached is our proposed final draft for the stipulation of physical

evidence. It does not include the CENTCOM sharedrive, which we need a final
answer on so we can sent out the final copy with signature. As you will

see, we brought the descriptions up top to describe the actual evidence

being stipulated to and then referenced the photo substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of
this final version.

Page 949 of 2169

02271

Thanks!

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW (US)

Cc: Tooman, Joshua CPT USARMY (US)
Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to the Farah items (15 and 16) or
the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to.
Obviously, we have to report any stipulations to the Court on 3 April.

Thanks.

MAJ Hurley

Page 950 of 2169

02272

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY lJoDean (Joe) QPT LJSARMY LJSAMDW (L13)
Cc: Tooman, Joshua CPT USARMY (US)

Subject: RE: Stipulation

Date: Wednesday, April 03, 2013 11:20:00 AM

Attachments: Stipulation of Admissibility (Physical Evidence)



MAJ Hurley,
Attached is our proposed final draft for the stipulation of physical evidence. It does not include the CENTCOM
sharedrive, which we need a final answer on so we can sent out the final copy with signature. As you will see, we

brought the descriptions up top to describe the actual evidence being stipulated to and then referenced the photo
substitutions below.

Please let us know about the CENTCOM sharedrive and the content/format of this final version.
Thanks!

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Cc: Tooman, Joshua CPT USARMY (US)

Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to
the Farah items (15 and 16) or the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to. Obviously, we have to report any stipulations to
the Court on 3 April.

Thanks.

MAJ Hurley

Page 951 of 2169

02273



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: RE: stips

Date: Wednesday, April 03, 2013 9:50:16 AM

MAJ Fein

I certainly can. Thanks.

I hate to be pedantic, but this is important. The appropriate spelling for the contraction of the expression "you all" is
"y'all.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, April 03, 2013 1:06 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Subject: stips

MAJ Hurley,

When do you think ya'll can volley back with a proposal for the filing that is due today- Stips. We are confident that
she is probably expecting witness-by-Witness issue-by-issue clarity as of today, but I think if we outline our plan
and say all stips will be done by the due date (11 May) she will not care that we don't have that level of detail today.

Thanks!

V/r
MAJ Fein

Page 952 of 2169

02274



From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: stips

Date: Wednesday, April 03, 2013 9:06:00 AM

MAJ Hurley,

When do you think ya'll can volley back with a proposal for the filing that is due today- Stips. We are confident that
she is probably expecting witness-by-witness issue-by-issue clarity as of today, but I think if we outline our plan
and say all stips will be done by the due date (11 May) she will not care that we don't have that level of detail today.

Thanks!

V/r
MAJ Fein

Page 953 of 2169

02275

From: Fein, Ashden MAJ USARMY MDW (US)
To: Th MA ARMY
Bcc:




USARMY

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



Subject: RE: Cooperation Language
Date: Wednesday, April 03. 2013 9:03:00 AM
MAJ Hurley,

1. I understand the Lamo issue.

2. For BM, it would probably be worth talking to him at the beginning of next week when he is out here because we
probably won't have anything on paper to you until Friday, based on the SJ As schedule and us having to finalize
coordination with DOJ. If you would like to ?y out this week to get a head start, I am sure we can expedite that
processing.

3. Your point makes sense and DOJ would only question him under some type of immunity agreement as I
understand the process. But as you point out, there can be no sub rosa agreement or contingency based on a third
party in the PTA. We will discuss with DOJ and figure out a way to capture your concern.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)
Sent: Wednesday, April 03, 2013 8:55 AM

To: Fein, Ashden MAJ USARMY MDW (US)
Subject: RE: Cooperation Language

MAJ Fein

No, the information would be included in the connected to the deal. We are proceeding in two separate realities
- one with a deal and one without.

Do you still want us to go to FLKS and talk this over with Manning at the end of this week?

I asked about the cooperation language because I would want the same immunity grant from that we get from
the GCMCA. For instance, I assume that the GCMCA is going to give Manning testimonial/use immunity under
RCM 704(a)(1). Thus, the official concerned should write an immunity letter. I understand that the GCMCA
can't promise to perform this action, so I would probably want it to be an additional cancellation provision for us.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Tuesday, April 02, 2013 9:14 PM

To: Hurley, Thomas MAJ USARMY (US)
Subject: RE: Cooperation Language

MAJ Hurley,

Page 954 of 2169

02276

Thank you for such a quick reply. As for Lamo, does your position include
if there is a PTA and the logs are included with the forensics, as they were
recovered forensically?

We are still working on the cooperation language with input from DOJ. Our
goal is to have everything set for tomorrow afternoon to discuss with the
SJ A, if he comes in. After that I can send you the language.

V/r
MAJ Fein


From: Hurley, Thomas MAJ OSD OMC Defense?

Sent: Tuesday, April 02, 2013 4:48 PM
To: Fein, Ashden MAJ USARMY MDW (US)
Subject: Cooperation Language

MAJ Fein

Do you have the cooperation language completed for the proposed deals yet?
Would you forward it to me if you do?

Also, we are not interested in stipulating to any information related to
Lamo. Likewise, we will not be changing our position with the Court WRT the
need to call a practice witness to discuss classified information.

Thanks.

MAJ Hurley

Page 955 of 2169

02277



From: Hurley, Thomas MAJ USARMY (US)
To: in A MA ARMY MDW
Subject: RE: Cooperation Language

Date: Wednesday, April 03, 2013 8:55:05 AM
MAJ Fein

No, the information would be included in the connected to the deal. We are proceeding in two separate realities
- one with a deal and one without.

Do you still want us to go to FLKS and talk this over with Manning at the end of this week?

I asked about the cooperation language because I would want the same immunity grant from that we get from
the GCMCA. For instance, I assume that the GCMCA is going to give Manning testimonial/use immunity under
RCM 704(a)(1). Thus, the official concerned should write an immunity letter. I understand that the GCMCA
can't promise to perform this action, so I would probably want it to be an additional cancellation provision for us.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Tuesday, April 02, 2013 9:14 PM

To: Hurley, Thomas MAJ USARMY (US)
Subject: RE: Cooperation Language

MAJ Hurley,

Thank you for such a quick reply. As for Lamo, does your position include
if there is a PTA and the logs are included with the forensics, as they were
recovered forensically?

We are still working on the cooperation language with input from DOJ. Our
goal is to have everything set for tomorrow afternoon to discuss with the
SJ A, if he comes in. After that I can send you the language.

v/r
MAJ Fein


From: Hurley, Thomas MAJ OSD OMC Defense?

Sent: Tuesday, April 02, 2013 4:48 PM
To: Fein, Ashden MAJ USARMY MDW (US)
Subject: Cooperation Language

MAJ Fein

Do you have the cooperation language completed for the proposed deals yet?
Would you forward it to me if you do?

Also, we are not interested in stipulating to any information related to
Lamo. Likewise, we will not be changing our position with the Court WRT the

need to call a practice witness to discuss classified information.

Thanks.

Page 956 of 2169

02278

MAJ Hurley

Page 957 of 2169

02279



From: Fein, Ashden MAJ USARMY MDW (US)
To: PT ARMY
Subject: RE: Safe Move (UNCLASSIFIED)
Date: Tuesday, April 02, 2013 5:21:00 PM
Thanks.



From: Tooman, Joshua CPT USARMY (US)
Sent: Tuesday, April 02, 2013 5:20 PM

To: Fein, Ashden MAJ USARMY MDW

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sounds good, sir. Thanks. I will likely have to meet the movers down at
Fort Myer.

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 02, 2013 5:17 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)




Josh,

Chie or I will let you know later on this week once we lock in Friday.
Chie is currently on leave which is why I removed him from this
email.

Page 958 of 2169



From: Tooman, Joshua CPT USARMY (US)
Sent: Tuesday, April 02, 2013 3:15 PM

To: Fein, Ashden MAJ USARMY MDW 5
USARMY IMCOM USARMY USAMDW (US)

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

Subject: RE: Safe Move (UNCLASSIFIED)







Classification: UNCLASSIFIED
Caveats: NONE

Sir

Friday works. What time do you think the move will take place? I will need
to coordinate with the folks at Myer, as well as the security folks here.

Thanks for your help.


Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.


From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 02, 2013 3:02 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Too Joshua CPT USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Josh,

Page 959 of 2169

02280

02281

We can have the safe moved on Friday or Monday. What day is good for you
and Fort Myer?

Thanks!



From? USARMY IMCOM (US)

Sent: Tuesday, April 02, 2013 2:13 PM

To: USARMY USAMDW (US)

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW Tooman, Joshua CPT USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Importance: High



Classification: UNCLASSIFIED
Caveats: NONE

RE

Good afternoon. We just finished coordinating with our G2 and ready to
receive the safe. A place has been identified in CPT Tooman's office and
please notify us in advance and so that we will be prepared.

Thank you.





Office of the Staff Judge Advocate

Fort Belvoir, Viriinia


From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 5:27 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)







Chief

The paralegal at Fort Myer, Where the safe currently sits, indicated that it
is a five drawer.



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 5:24 PM

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

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Page 960 of 2169

02282

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Please confirm: Is it 5 or 4 drawer safe? Right now, I have two different
information.

Thank you.





Office of the Staff Judge Advocate

Fort Belvoir, Viriinia



From: USARMY USAMDW (US)

Sent: Thursday, March 28, 2013 4:20 PM

To: ?5 USARMY IMCOM Tooman, Joshua CPT
USARMY Fein, Ashden MAJ USARMY MDW (US)

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

Subject: RE: Safe Move (UNCLASSIFIED)



Classification: UNCLASSIFIED
Caveats: NONE

Sir,
This is a 4 drawer safe.

v/r,



JA

gal Administrator
JFH -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,

Page 961 of 2169

02283

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 IMCOM (US)

Sent: Thursday, March 28, 2013 3:46 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

This a good news. Please let me know the model of the lock and is this a 4
or 2 drawer?

Thank you.





Legal Administrator
Office of the Staff Judge Advocate





From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 3:32 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Chief
Thanks for your help. One point of clarification; the safe is currently
empty. Obviously, I'll put things in it down the road, but there is not

anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 3:26 PM
To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)

cc:? USARMY USAMDW a USARMY

Page 962 of 2169

02284

(US)
Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Good afternoon. Just received a call fromR and below is what I
informed him:

1. Moving a safe is not a matter but materials inside is making this seems
like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance
and policies in place by Belvoir G2. I have to coordinate with my G2 to
inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and
follow safeguarding procedure before it arrives here. I don't think you can
transport a safe with materials in it but your G2 can answer that. Even if
you do, inventory is mandatory. I do have to submit a report to G2
on classified materials. Once it comes to Belvoir, it belongs to Belvoir

and I do have to submit a report to a report to G2 including this
safe and general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge
of what's going on to keep my command in safe hand.

5. DOL: We have two ?oors and safe is going to be on the 1st Floor. So,
I have to coordinate with DOL to see if the first floor can hold the safe.

I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved
them?

These are mandatory requirements when it comes to classified information
especially with your situation. I don't want any small administrative error
go south on us.

To do all this, please send me a brief description of the safe and model of
the lock. I will coordinate with DOL and G2 with Fort Belvoir for

respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for
coordination.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Thursday, March 28, 2013 2:38 PM

To: USARMY IMCOM Tooman, Joshua CPT

Page 963 of 2169

02285

USARMY (US)
Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT






USARMY USAMDW Overgaard, Angel CPT USARMY

- USARMY USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Thank you. I will contactR Rabout this immediately.

v/r

MAJ Fein



From? USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW (US)
Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT




USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Unfortunately, it hasn't been coordinated thru my office and installation
POCs. I don't want to be the one who is blocking the action but not sure

all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend
that we take care of this now than later.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY

- USARMY USARMY IMCOM

Page 964 of 2169

02286

USARMY CIV USARMY


ARMY (US)
Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered,
but the safe is currently in the first office on the right.

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS
office is the door on the far left. Again, I don't think the offices are
individually numbered. The offices do, however, have names on the doors and
the safe will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, JoDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW (US)

Subject: Safe Move

Josh,

a is on leave for the rest of the week. It is my understanding that
5 sa ovement is going to occur tomorrow morning and the movers are

making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort
Belvoir for the move and the building and room numbers for each of the TDS
offices.

I need to provide this information to DPW this afternoon.

Thank you!

MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 965 of 2169

02287

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 966 of 2169

02288

From: Tooman, Joshua CPT USARMY (US)

To: in A MA ARMY MDW ?5 USARMY IMCOM (US)

Cc: - USARMY "David Coombs"; Hurley, Thomas MAJ USARMY
6

Subject: RE: Safe Move FI ED)

Date: Tuesday, April 02, 2013 5:19:35 PM



Classification: UNCLASSIFIED
Caveats: NONE

Sounds good, sir. Thanks. I will likely have to meet the movers down at
Fort Myer.

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Tuesday, April 02, 2013 5:17 PM

To: Tooman, Joshua CPT USARMY

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

Subject: RE: Safe Move (UNCLASSIFIED)

Josh,

Chief or I will let you know later on this week once we lock in Friday.
Chief is currently on leave which is why I removed him from this
email.



From: Tooman, Joshua CPT USARMY (US)
Sent: Tuesday, April 02, 2013 3:15 PM

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

Page 967 of 2169

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY MAJ USARMY (US)
Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir
Friday works. What time do you think the move will take place? I will need
to coordinate with the folks at Myer, as well as the security folks here.

Thanks for your help.


Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.


From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 02, 2013 3:02 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Too Joshua CPT USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Josh,

We can have the safe moved on Friday or Monday. What day is good for you
and Fort Myer?

Thanks!



From: ?5 USARMY IMCOM (US)

Sent: Tuesday, April 02, 2013 2:13 PM

To: USARMY USAMDW (US)

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

Page 968 of 2169

02289

02290

USARMY Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Importance: High

Classification: UNCLASSIFIED
Caveats: NONE

RE

Good afternoon. We just finished coordinating with our G2 and ready to
receive the safe. A place has been identified in CPT Tooman's office and
please notify us in advance and so that we will be prepared.

Thank you.



Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 5:27 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Chief

The paralegal at Fort Myer, where the safe currently sits, indicated that it
is a five drawer.



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 5:24 PM

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

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Please confirm: Is it 5 or 4 drawer safe? Right now, I have two different
information.

Thank you.

Page 969 of 2169

02291



Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: USARMY USAMDW (US)

Sent: Thursday, March 28, 2013 4:20 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
This is a 4 drawer safe.

v/r,
A

gal Administrator
JFH -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 IMCOM
Sent: Thursday, March 28, 2013 3:46 PM

Page 970 of 2169

02292

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

This a good news. Please let me know the model of the lock and is this a 4
or 2 drawer?

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 3:32 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Chief
Thanks for your help. One point of clarification; the safe is currently
empty. Obviously, I'll put things in it down the road, but there is not

anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 3:26 PM
To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)

cc:? USARMY USAMDW a USARMY

(US)
Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Good afternoon. Just received a call fromR a and below is what I
informed him:

Page 971 of 2169

02293

1. Moving a safe is not a matter but materials inside is making this seems
like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance
and policies in place by Belvoir G2. I have to coordinate with my G2 to
inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and
follow safeguarding procedure before it arrives here. I don't think you can
transport a safe with materials in it but your G2 can answer that. Even if
you do, inventory is mandatory. I do have to submit a report to G2
on classified materials. Once it comes to Belvoir, it belongs to Belvoir

and I do have to submit a report to a report to G2 including this
safe and general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge
of what's going on to keep my command in safe hand.

5. DOL: We have two floors and safe is going to be on the 1st Floor. So,
I have to coordinate with DOL to see if the first floor can hold the safe.

I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved
them?

These are mandatory requirements when it comes to classified information
especially with your situation. I don't want any small administrative error
go south on us.

To do all this, please send me a brief description of the safe and model of
the lock. I will coordinate with DOL and G2 with Fort Belvoir for

respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for
coordination.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 2:38 PM

To? USARMY IMCOM Tooman, Joshua CPT
USARMY (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, JoDean (Joe) CPT





USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Page 972 of 2169

02294

Thank you. I will contact? about this immediately.
6 6

v/r
MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW (US)
Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT





USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW USARMY (US) CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Unfortunately, it hasn't been coordinated thru my office and installation
POCs. I don't want to be the one who is blocking the action but not sure

all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend
that we take care of this now than later.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY

USARMY USAMDW (US) USARMY IMCOM
USARMY CIV USARMY -






ARMY (US)
Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered,
but the safe is currently in the first office on the right. POC at Myer is

Page 973 of 2169

02295

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS
office is the door on the far left. Again, I don't think the offices are
individually numbered. The offices do, however, have names on the doors and
the safe will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc_ MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, JoDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW (US)

Subject: Safe Move

Josh,

a is on leave for the rest of the week. It is my understanding that
sa ovement is going to occur tomorrow morning and the movers are

making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort
Belvoir for the move and the building and room numbers for each of the TDS
offices.

I need to provide this information to DPW this afternoon.

Thank you!

MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED

Page 974 of 2169

02296

Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 975 of 2169

02297



From: Fein, Ashden MAJ USARMY MDW (US)

To: PT ARMY IMCOM us

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

Bcc: USARMY USAMDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Date: Tuesday, April 02, 2013 5:16:00 PM

Josh,

or I will let you know later on this week once we lock in Friday.
is currently on leave which is why I removed him from this





From: Tooman, Joshua CPT USARMY (US)
Sent: Tuesday, April 02, 2013 3:15 PM

To: Fein, Ashden MAJ USARMY MDW








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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir
Friday works. What time do you think the move will take place? I will need
to coordinate with the folks at Myer, as well as the security folks here.

Thanks for your help.


Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could

Page 976 of 2169

02298

result in civil action or criminal prosecution.


From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 02, 2013 3:02 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Too Joshua CPT USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Josh,

We can have the safe moved on Friday or Monday. What day is good for you
and Fort Myer?

Thanks!



From? USARMY IMCOM (US)

Sent: Tuesday, April 02, 2013 2:13 PM

To: USARMY USAMDW (US)

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW Tooman, Joshua CPT USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Importance: High



Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon. We just finished coordinating with our G2 and ready to

receive the safe. A place has been identified in CPT Tooman's office and
please notify us in advance and so that we will be prepared.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 5:27 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Page 977 of 2169

02299

Chief

The paralegal at Fort Myer, where the safe currently sits, indicated that it
is a five drawer.



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 5:24 PM
To: USARMY Tooman, Joshua CPT USARMY

(US)
Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Please confirm: Is it 5 or 4 drawer safe? Right now, I have two different
information.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate

Fir. iiriinii



From: USARMY USAMDW (US)

Sent: Thursday, March 28, 2013 4:20 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
This is a 4 drawer safe.

v/r,
A
gal Administrator

Page 978 of 2169



02300

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 IMCOM

Sent: Thursday, March 28, 2013 3:46 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

This a good news. Please let me know the model of the lock and is this a 4
or 2 drawer?

Thank you.



Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 3:32 PM

To? USARMY IMCOM Fein, Ashden MAJ
USARMY MDW (US)

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

Subject: RE: Safe Move (UNCLASSIFIED)

Page 979 of 2169

02301

Chief

Thanks for your help. One point of clarification; the safe is currently
empty. Obviously, I'll put things in it down the road, but there is not
anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 3:26 PM

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

Cc: USARMY USAMDW USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Good afternoon. Just received a call fromR Rand below is what I
informed him:

1. Moving a safe is not a matter but materials inside is making this seems
like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance
and policies in place by Belvoir G2. I have to coordinate with my G2 to
inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and
follow safeguarding procedure before it arrives here. I don't think you can
transport a safe with materials in it but your G2 can answer that. Even if
you do, inventory is mandatory. I do have to submit a report to G2
on classified materials. Once it comes to Belvoir, it belongs to Belvoir

and I do have to submit a report to a report to G2 including this
safe and general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge
of what's going on to keep my command in safe hand.

5. DOL: We have two ?oors and safe is going to be on the 1st Floor. So,
I have to coordinate with DOL to see if the first floor can hold the safe.

I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved
them?

These are mandatory requirements when it comes to classified information
especially with your situation. I don't want any small administrative error
go south on us.

To do all this, please send me a brief description of the safe and model of
the lock. I will coordinate with DOL and G2 with Fort Belvoir for

respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for
coordination.

Thank you.

Page 980 of 2169

02302



Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 2:38 PM

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

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT




USARMY USAMDW Overgaard, Angel CPT USARMY

- USARMY USAMDW USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Thank you. I will contactR 5 about this immediately.

v/r

MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW (US)
Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT





USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Unfortunately, it hasn't been coordinated thru my office and installation
POCs. I don't want to be the one who is blocking the action but not sure

all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend
that we take care of this now than later.

Thank you.





Page 981 of 2169

02303

Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY

USARMY USAMDW USARMY IMCOM
3% USARMY CIV USARMY -,







ARMY (US)
Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered,
but the safe is currently in the first office on the right. POC at Myer is

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS
office is the door on the far left. Again, I don't think the offices are
individually numbered. The offices do, however, have names on the doors and
the safe will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David

Coombs Morrow, JoDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY
USARMY USAMDW (US)

Subject: Safe Move

Josh,

a is on leave for the rest of the week. It is my understanding that
sa ovement is going to occur tomorrow morning and the movers are

making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort
Belvoir for the move and the building and room numbers for each of the TDS
offices.

I need to provide this information to DPW this afternoon.

Thank you!

Page 982 of 2169

MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 983 of 2169

02304

02305






From: Fein, Ashden MAJ USARMY MDW (US)

To: "Hurley, Thomas MAJ QSD QMQ Defense"; Hurley, Thomas MAJ LJSARMY (US)

Bcc:
_lU_St; USARMY

Mitroka, Katherine CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW

Overgaard, Angel CPT USARMY von Elten, Alexander (Alec) CPT USARMY Whyte, Hunter
CPT USARMY (US)

Subject: RE: Cooperation Language

Date: Tuesday, April 02, 2013 5:14:00 PM

MAJ Hurley,

Thank you for such a quick reply. As for Lamo, does your position include
if there is a PTA and the logs are included with the forensics, as they were
recovered forensically?

We are still working on the cooperation language with input from DOJ. Our
goal is to have everything set for tomorrow afternoon to discuss with the
SJ A, if he comes in. After that I can send you the language.

V/r
MAJ Fein


From: Hurley, Thomas MAJ OSD OMC Defense?

Sent: Tuesday, April 02, 2013 4:48 PM
To: Fein, Ashden MAJ USARMY MDW (US)
Subject: Cooperation Language

MAJ Fein

DO you have the cooperation language completed for the proposed deals yet?
Would you forward it to me if you do?

Also, we are not interested in stipulating to any information related to
Lamo. Likewise, we will not be changing our position with the Court WRT the
need to call a practice witness to discuss classified information.

Thanks.

MAJ Hurley

Page 984 of 2169

02306



From: Hurley, Thomas MAJ OSD OMC Defense
To: in A MA ARMY MDW
Subject: Cooperation Language

Date: Tuesday, April 02, 2013 4:48:31 PM
MAJ Fein

Do you have the cooperation language completed for the proposed deals yet? Would you forward it to me if you
do?

Also, we are not interested in stipulating to any information related to Lamo. Likewise, we will not be changing our
position with the Court WRT the need to call a practice witness to discuss classified information.

Thanks.

MAJ Hurley

Page 985 of 2169

02307

From: Toomanl Joshua CPT USARMY (US)

To: Fin Ah us;?
- LJSARMY USAMDW ms)

Cc: - USARMY "David Coombs"; Hurley, Thomas MAJ USARMY ?m
USARMY (US) 6

Subject: RE: Safe Move FI ED)

Date: Tuesday, April 02, 2013 3:15:09 PM



Classification: UNCLASSIFIED
Caveats: NONE

Sir

Friday works. What time do you think the move will take place? I will need
to coordinate with the folks at Myer, as well as the security folks here.

Thanks for your help.


Josh

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or
attorney-client communication or may be protected by another privilege
recognized under the law. Do not distribute, forward, or release without the
prior approval of the sender. In addition, this communication may contain
individually identifiable information the disclosure of which, to any person
or agency not entitled to receive it, is or may be prohibited by the Privacy
Act, 5 U.S.C. ?552a. Improper disclosure of protected information could
result in civil action or criminal prosecution.


From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 02, 2013 3:02 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Too Joshua CPT USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Josh,

We can have the safe moved on Friday or Monday. What day is good for you
and Fort Myer?

Thanks!

Page 986 of 2169

02308



From: USARMY IMCOM (US)

Sent: Tuesday, April 02, 2013 2:13 PM

To: USARMY USAMDW (US)

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW Tooman, Joshua CPT USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Importance: High




Classification: UNCLASSIFIED
Caveats: NONE

RE

Good afternoon. We just finished coordinating with our G2 and ready to
receive the safe. A place has been identified in CPT Tooman's office and
please notify us in advance and so that we will be prepared.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 5:27 PM
USARMY IMCOM
USARMY USAMDW (US)

To:

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)





Chief

The paralegal at Fort Myer, Where the safe currently sits, indicated that it
is a five drawer.



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 5:24 PM

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

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ
USARMY Fein, hden MAJ USARMY MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Page 987 of 2169

Please confirm: Is it 5 or 4 drawer safe? Right now, I have two different
information.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: USARMY USAMDW (US)
Sent: Thursday, March 28, 2013 4:20 PM

To: USARMY IMCOM Tooman, Joshua CPT

USARMY Fein, Ashden MAJ USARMY MDW (US)

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

USARMY (US)
Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
This is a 4 drawer safe.

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
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



Page 988 of 2169

02309

02310



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 3:46 PM

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

Cc: USARMY USAMDW USARMY
'David Coombs'; Hurley, Thomas MAJ USARMY (US) 6

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

This a good news. Please let me know the model of the lock and is this a 4
or 2 drawer?

Thank you.



Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 3:32 PM

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

Cc: USARMY USAMDW USARMY
'David Coombs'; Hurley, Thomas MAJ USARMY (US) 6

Subject: RE: Safe Move (UNCLASSIFIED)

Chief
Thanks for your help. One point of clarification; the safe is currently
empty. Obviously, I'll put things in it down the road, but there is not

anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 3:26 PM

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

Cc: USARMY USAMDW USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Page 989 of 2169

02311

Gentlemen,

Good afternoon. Just received a call from? and below is what I
informed him: 6 6

1. Moving a safe is not a matter but materials inside is making this seems
like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance
and policies in place by Belvoir G2. I have to coordinate with my G2 to
inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and
follow safeguarding procedure before it arrives here. I don't think you can
transport a safe with materials in it but your G2 can answer that. Even if
you do, inventory is mandatory. I do have to submit a report to G2
on classified materials. Once it comes to Belvoir, it belongs to Belvoir

and I do have to submit a report to a report to G2 including this
safe and general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge
of what's going on to keep my command in safe hand.

5. DOL: We have two floors and safe is going to be on the 1st Floor. So,
I have to coordinate with DOL to see if the first floor can hold the safe.

I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved
them?

These are mandatory requirements when it comes to classified information
especially with your situation. I don't want any small administrative error
go south on us.

To do all this, please send me a brief description of the safe and model of
the lock. I will coordinate with DOL and G2 with Fort Belvoir for
respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for
coordination.

Thank you.



Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 2:38 PM

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

Cc_ MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, JoDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW a USARMY CIV

Page 990 of 2169

02312

USARMY CPT USARMY (US)
Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Thank you. I will contactR 5 about this immediately.

v/r
MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW (US)
Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT





USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Unfortunately, it hasn't been coordinated thru my office and installation
POCs. I don't want to be the one who is blocking the action but not sure

all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend
that we take care of this now than later.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY

USARMY USAMDW USARMY IMCOM
3% USARMY CIV USARMY -,


ARMY (US)
Subject: RE: Safe Move

Sir

Page 991 of 2169

02313

Fort Myer TDS office is 229. The individual offices are not numbered,
but the safe is currently in the first office on the right. POC at Myer is

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS
office is the door on the far left. Again, I don't think the offices are
individually numbered. The offices do, however, have names on the doors and
the safe will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David

Coombs Morrow, JoDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY
USARMY USAMDW (US)

Subject: Safe Move

Josh,
#is on leave for the rest of the week. It is my understanding that

sa ovement is going to occur tomorrow morning and the movers are
making their final plans.
Could you please provide me the POC name and number at Fort Meyer and Fort
Belvoir for the move and the building and room numbers for each of the TDS
offices.
I need to provide this information to DPW this afternoon.
Thank you!

MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 992 of 2169

02314

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 993 of 2169

02315





From: Fein, Ashden MAJ USARMY MDW (US)

To: "David E. gagmps"; Th MA ARMY PT 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
?_c_xusmw us

Subject: RE: Accounting

Date: Tuesday, April 02, 2013 3:05:00 PM

David,

Thank you. We are still tracking the security clearances and/or access approvals for the three defense witnesses. As
for the ACIC document, this decision is still being made along with the access decision.

As for the immunity requests- they have not been taken to the CG yet. We have been working to determine what
COA we must follow for these two requests, as their invocation could relate to the national security. Understanding
a member of the defense already spoke with MAJ Dimuro, we are still trying to work with the witnesses to
determine whether they will actually invoke or not since it has been more than one year since the Article 32. If they
still intend to invoke and provide us documentation, then we have to coordinate with OTJ AG and DOJ27-10. As you can imagine, it would be much easier for both parties if the two witnesses do not
invoke, which is our ultimate goal.

v/r
Ashden



From: David E. Coombs [mailto:coombs @armycourtmartialdefense.com]
Sent: Monday, April 01, 2013 7:40 PM
To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY Tooman, Joshua CPT

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 USARMY (US)

Subject: RE: Accounting

Ashden,

The only other issues that I am tracking are the following:
1) Security clearances for Defense witnesses.

2) During our last 802, you mentioned that the ACIC report might be declassified (thus eliminating the need for a
clearance for Prof. Benkler). Do you have any additional information on this?

I am confused on 3 and 4 below. Have the requests been taken to the If not, can you tell me why? I am
assuming that you would support the immunity request considering that both of the witnesses are on your list as
well. If you are not supporting the request, then I need action by the CG in time for this matter to be raised with
COL Lind. When do you anticipate CG action on the request?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Page 994 of 2169

02316

Sent: Monday, April 1, 2013 6:01 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT 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 USARMY (US)

Subject: Accounting
David, et al.,

The purpose of this email is to account for outstanding issue. Could you please confirm below and let me know if I
am missing anything or need to correct an issue?

1. Today, you sent the physical evidence stipulation back to us, and we owe you our final take.

2. Today, we sent you the rough stipulation plan that we would like both parties to "agree-to-agree" for
Wednesday's filing, and you owe us input.

We owe you our position for Adkins immunity.

We owe you our position for CW2 Balonek's immunity.

We owe you our position on BM's sister's production.

We owe you draft OTPs and the SJ A's position.

We need to schedule a time for the RCM 802 on Thursday or Friday.



Thank you!

v/r
Ashden

Page 995 of 2169

02317



From: Hurley, Thomas MAJ USARMY (US)
To: in A MA ARMY MDW
Subject: RE: Chat

Date: Tuesday, April 02, 2013 3:04:57 PM
MAJ Fein

Certainly.

V/r

t??l



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Tuesday, April 02, 2013 7:03 PM

To: Hurley, Thomas MAJ USARMY (US)
Subject: Chat

MAJ Hurley- do you have time to chat on the phone about your email yesterday and Grunden?

Thanks!

Page 996 of 2169

02318

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Bcc: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)
Subject: Chat

Date: Tuesday, April 02, 2013 3:03:00 PM



MAJ Hurley- do you have time to chat on the phone about your email yesterday and Grunden?

Thanks!

Page 997 of 2169

02319

From: Tooman, Joshua CPT USARMY (US)
To: in A MA ARMY MDW Th FMA 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 ;??c_xusmwusxwow us
Subject: RE: Accounting (UNCLASSIFIED)

Date: Tuesday, April 02, 2013 9:12:10 AM



Classification: UNCLASSIFIED
Caveats: NONE

Roger.

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or attorney-client communication or may be
protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender. In addition, this communication may contain individually identifiable information the
disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?5 52a. Improper disclosure of protected information could result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, April 02, 2013 9:10 AM

To: Tooman, Joshua CPT USARMY David E. Coombs; 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 USARMY USARMY USAMDW (US)
Subject: RE: Accounting (UNCLASSIFIED)

Josh,

Thanks. My understanding from last week's emails, is that you and/or? will notify us when the safe
has been approved for delivery to your office by all the organizations he listed in his email. Once we receive that,
we will turn the delivery back on.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, April 02, 2013 8:38 AM

To: Fein, Ashden MAJ USARMY MDW David E. Coombs; 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 USARMY (US)

Subject: RE: Accounting (UNCLASSIFIED)

Page 998 of 2169

02320

Classification: UNCLASSIFIED
Caveats: NONE

Sir
One other outstanding issue is the safe move from Myer to my office.

v/r
JJT

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060

This communication may be privileged as attorney work product and/or attorney-client communication or may be
protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender. In addition, this communication may contain individually identifiable information the
disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?5 52a. Improper disclosure of protected information could result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 01, 2013 6:01 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT 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 USARMY (US)

Subject: Accounting
David, et al.,

The purpose of this email is to account for outstanding issue. Could you please confirm below and let me know if I
am missing anything or need to correct an issue?

1. Today, you sent the physical evidence stipulation back to us, and we owe you our final take.

2. Today, we sent you the rough stipulation plan that we would like both parties to "agree-to-agree" for
Wednesday's filing, and you owe us input.

We owe you our position for Adkins immunity.

We owe you our position for CW2 Balonek's immunity.

We owe you our position on BM's sister's production.

We owe you draft OTPs and the SJ A's position.

We need to schedule a time for the RCM 802 on Thursday or Friday.



Thank you!

v/r
Ashden

Classification: UNCLASSIFIED
Caveats: NONE

Page 999 of 2169

02321

Classification: UNCLASSIFIED
Caveats: NONE

Page 1000 of 2169

02322

From: Fein, Ashden MAJ USARMY MDW (US)
To: Tooman, aJoshua ,1 (PT USARMY David E. (bombs; 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 ;??c_xusmwusxwow us



Bcc:

MDW CIV (US)
Subject: RE: Accounting (UNCLASSIFIED)
Date: Tuesday, April 02, 2013 9:10:00 AM
Josh,

Thanks. My understanding from last week's emails, is that you and/or? will notify us when the safe
has been approved for delivery to your office by all the organizations he listed in his email. Once we receive that,
we will turn the delivery back on.

v/r
MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, April 02, 2013 8:38 AM

To: Fein, Ashden MAJ USARMY MDW David E. Coombs; 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 USARMY (US)

Subject: RE: Accounting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir
One other outstanding issue is the safe move from Myer to my office.

v/r
JJT

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or attorney-client communication or may be
protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender. In addition, this communication may contain individually identifiable information the
disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?5 52a. Improper disclosure of protected information could result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Monday, April 01, 2013 6:01 PM

Page 1001 of2169

02323

To: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT 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 USARMY (US)

Subject: Accounting
David, et al.,

The purpose of this email is to account for outstanding issue. Could you please confirm below and let me know if I
am missing anything or need to correct an issue?

1. Today, you sent the physical evidence stipulation back to us, and we owe you our final take.

2. Today, we sent you the rough stipulation plan that we would like both parties to "agree-to-agree" for
Wednesday's filing, and you owe us input.

We owe you our position for Adkins immunity.

We owe you our position for CW2 Balonek's immunity.

We owe you our position on BM's sister's production.

We owe you draft OTPs and the SJ A's position.

We need to schedule a time for the RCM 802 on Thursday or Friday.



Thank you!

v/r
Ashden

Classification: UNCLASSIFIED
Caveats: NONE

Page 1002 of 2169

02324

From: Tooman, Joshua CPT USARMY (US)
To: Fein, Ashden USARMY MDW David E. (bombs; 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
USARMY (US)
Subject: RE: Accounting (UNCLASSIFIED)
Date: Tuesday, April 02, 2013 8:37:59 AM



Classification: UNCLASSIFIED
Caveats: NONE

Sir
One other outstanding issue is the safe move from Myer to my office.

v/r
JJ

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



This communication may be privileged as attorney work product and/or attorney-client communication or may be
protected by another privilege recognized under the law. Do not distribute, forward, or release without the prior
approval of the sender. In addition, this communication may contain individually identifiable information the
disclosure of which, to any person or agency not entitled to receive it, is or may be prohibited by the Privacy Act, 5
U.S.C. ?5 52a. Improper disclosure of protected information could result in civil action or criminal prosecution.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 01, 2013 6:01 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT 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 USARMY (US)

Subject: Accounting
David, et al.,

The purpose of this email is to account for outstanding issue. Could you please confirm below and let me know if I
am missing anything or need to correct an issue?

1. Today, you sent the physical evidence stipulation back to us, and we owe you our final take.

2. Today, we sent you the rough stipulation plan that we would like both parties to "agree-to-agree" for
Wednesday's filing, and you owe us input.

We owe you our position for Adkins immunity.

We owe you our position for CW2 Balonek's immunity.

We owe you our position on BM's sister's production.

We owe you draft OTPs and the SJ A's position.

We need to schedule a time for the RCM 802 on Thursday or Friday.



Page 1003 of 2169

02325

Thank you!

V/r
Ashden

Classification: UNCLASSIFIED
Caveats: NONE

Page 1004 of 2169

02326



From: David E. Coombs

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY Tooman, (Joshua ,1 QPT 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

USARMY (US)

Subject: RE: Accounting

Date: Monday, April 01, 2013 7:39:47 PM

Ashden,

The only other issues that I am tracking are the following:
1) Security clearances for Defense witnesses.

2) During our last 802, you mentioned that the ACIC report might be declassified (thus eliminating the need for a
clearance for Prof. Benkler). Do you have any additional information on this?

I am confused on 3 and 4 below. Have the requests been taken to the If not, can you tell me why? I am
assuming that you would support the immunity request considering that both of the witnesses are on your list as
well. If you are not supporting the request, then I need action by the CG in time for this matter to be raised with
COL Lind. When do you anticipate CG action on the request?

Best,
David



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 1, 2013 6:01 PM

To: David E. Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT 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 USARMY (US)

Subject: Accounting
David, et al.,

The purpose of this email is to account for outstanding issue. Could you please confirm below and let me know if I
am missing anything or need to correct an issue?

1. Today, you sent the physical evidence stipulation back to us, and we owe you our final take.

2. Today, we sent you the rough stipulation plan that we would like both parties to "agree-to-agree" for
Wednesday's filing, and you owe us input.

We owe you our position for Adkins immunity.

We owe you our position for CW2 Balonek's immunity.

We owe you our position on BM's sister's production.

We owe you draft OTPs and the SJ A's position.

We need to schedule a time for the RCM 802 on Thursday or Friday.



Thank you!

v/r
Ashden

Page 1005 of 2169

02327





From: Fein, Ashden MAJ USARMY MDW (USARMY PT 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
?_c_xusmw us

Subject: Accounting

Date: Monday, April 01, 2013 6:00:00 PM

David, et al.,

The purpose of this email is to account for outstanding issue. Could you please confirm below and let me know if I
am missing anything or need to correct an issue?

1. Today, you sent the physical evidence stipulation back to us, and we owe you our final take.
2. Today, we sent you the rough stipulation plan that we would like both parties to "agree-to-agree" for
Wednesday's filing, and you owe us input.

?ashes?

Thank you!

V/r
Ashden

Page 1006 of 2169

We owe you our position for Adkins immunity.

We owe you our position for CW2 Balonek's immunity.

We owe you our position on BM's sister's production.

. We owe you draft OTPs and the SJ A's position.

. We need to schedule a time for the RCM 802 on Thursday or Friday.

02328



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY
Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Subject: RE: Stipulation

Date: Monday, April 01, 2013 10:05:41 AM

MAJ Fein

Got it. Thanks.
We'll talk these over and get back with you tomorrow.

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, April 01, 2013 1:59 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY Overgaard, Angel CPT
USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Subject: RE: Stipulation

MAJ Hurley,

Thanks. We will review today and tomorrow and figure out the best way forward. By 3 April we have to let the
Court know whether we "agree to agree" to stipulations, not necessarily what information we stipulate to. As we
previously discussed in-person, our plan was to start off with the most obvious/easiest information for stipulations
(physical evidence) and then work towards witness testimony. We propose the following order in the coming
weeks, and this is what we could notify the Court on 3 April:

1. Physical Evidence - subject of this email

2. Documentary/Digital Evidence originating from Physical Evidence

3. Documentary/Digital Evidence not originating from Physical Evidence

4. Three forms of Charged Documents (if applicable)- original form, as recovered on BM's computers, and as found
on WL- this could also be easier if there is one stipulation as to all three forms, rather than the actual document
being admitted three times

5. Witness Testimony, by witness

All the above would have to be completed by 11 May IAW the Court calendar.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Cc: Tooman, Joshua CPT USARMY (US)

Subject: Stipulation

Gentlemen

Page 1007 of 2169

02329

Here's our response to your stipulation proposal. We are good with not wish to stipulate to
the Farah items (15 and 16) or the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to. Obviously, we have to report any stipulations to
the Court on 3 April.

Thanks.

MAJ Hurley

Page 1008 of 2169

02330

From: Fein, Ashden MAJ USARMY MDW (US)

To: rl Th MA ARMY

Cc: Tooman, Joshua CPT USARMY Overgaard, Angel CPT USARMY
Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Bcc:




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



Subject: RE: Stipulation
Date: Monday, April 01, 2013 9:59:00 AM
MAJ Hurley,

Thanks. We will review today and tomorrow and figure out the best way forward. By 3 April we have to let the
Court know whether we "agree to agree" to stipulations, not necessarily what information we stipulate to. As we
previously discussed in-person, our plan was to start off with the most obvious/easiest information for stipulations
(physical evidence) and then work towards witness testimony. We propose the following order in the coming
weeks, and this is what we could notify the Court on 3 April:

1. Physical Evidence - subject of this email

2. Documentary/Digital Evidence originating from Physical Evidence

3. Documentary/Digital Evidence not originating from Physical Evidence

4. Three forms of Charged Documents (if applicable)- original form, as recovered on BM's computers, and as found
on WL- this could also be easier if there is one stipulation as to all three forms, rather than the actual document
being admitted three times

5. Witness Testimony, by witness

All the above would have to be completed by 11 May IAW the Court calendar.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, April 01, 2013 9:42 AM

To: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW (US)
Cc: Tooman, Joshua CPT USARMY (US)

Subject: Stipulation

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to
the Farah items (15 and 16) or the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to. Obviously, we have to report any stipulations to
the Court on 3 April.

Thanks.

Page 1009 of 2169

02331

MAJ Hurley

Page 1010 of2169

02332



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW Morrow, llngan (Joe) QPT LJSARMY LJSAMDW (LJS)
Cc: Tooman Joshua CPT USARMY US

Subject: Stipulation

Date: Monday, April 01, 2013 9:41:43 AM

Attachments: Stipulation of Admissibility (Physical Evidence) v1.docx

Gentlemen

Here's our response to your stipulation proposal. We are good with not wish to stipulate to
the Farah items (15 and 16) or the Lamo items (8 and 9).

Let us know if there is anything else you would like to stipulate to. Obviously, we have to report any stipulations to
the Court on 3 April.

Thanks.

MAJ Hurley

Page 1011 of2169

02333

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
WNW




Bcc:
1&1; USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Whyte, Hunter CPT USARMY (US)
Subject: RE: Negotiations
Date: Friday, March 29, 2013 12:34:00 PM



Thanks. Likewise.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Friday, March 29, 2013 12:34 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

MAJ Fein
I concur. Have a nice weekend.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 8:34 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

MAJ Hurley,
I agree with what you have below with some clarifications:
1. Yes, we agree with you that the polygraph will not be a term in either PTA.

2. For cooperation, the term of cooperation would need to continue for a significant but certain period to allow
to pursue any leads and have him testify, if required.

3. We can support going to the SJ A with drafted OTPs to see if he supports one or both of the them. He does not
return until the middle of next week which gives us time to start drafting.

4. In reference to your number 4 below- on Monday we discussed that once we have a signed PTA by all parties,
then under the trial judiciary rules, we will immediately notify the Court and highlight that there is a provision to
have a Stip of Fact completed by a certain date. We would also let the Court know that absent her contrary
instruction, we intend to waive off all merits witnesses from both sides to focus on preparation of the stipulation of
fact and sentencing, and if for some reason the Stip of Fact is not completed by that date and thus no deal, the
Government would ask for a continuance of the trial date for that period of time to coordinate witness participation,
and the defense does not object. We could also incorporate this delay into the PTA.

I now feel compelled to highlight that we do not expect to need or want to exercise #4 above- getting the Stip done

Page 1012 of2169

02334

and both sides agreeing will be our main effort once the deal is signed, which is also why the time between signed
PTA and Stip Date is critical.

If you concur with this email, then please let us know so that we will start working on the PTA and our analysis for
presentation to the SJ A.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 28, 2013 2:10 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

MAJ Fein

Got it and thanks for getting back to me. I take it that your exclusion of the term polygraph in describing PFC
Manning's cooperation was an intentional one. Thus, he will not be required to take any during his post-trial
cooperation period.

Another thing on cooperation - can the period of cooperation end at initial action? Action is normally the event that
ends trial defense counsel participation. This is certainly not a deal-breaker - just something I am more comfortable
with.

Here's my take on the way ahead:

1. You brief the SJ A. He explains what he is willing to support.

2. You create and send the OTPs to us consistent with the SJ A's guidance.

3. We get PFC Manning's concurrence/nonconcurrence on those OTPs.

4. You tell the MJ provided there is concurrence on one of the OTPs.

That's what I remember from Monday. Just want to make sure we are on the same sheet.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 4:47 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Negotiations

MAJ Hurley,

At our meeting Monday, we left owing you answers to three questions. Following are the answers to those
questions.

First, any violation of the assignment of profits or proceeds provision in a PTA would be recouped by DOJ through

a civil action. Second, cooperation in the PTA would be defined as testifying before the grand jury, with immunity
from the GCMCA, and participation in any other prosecutions by the USG. Finally, the third question was about

Page 1013 of2169

02335

whether under COA-NQ, we would support a max sentence of 76 years with an assignment of profits or proceeds
clause -or- a max sentence of 86 years without the clause. After looking at the case law again on UMC, we believe
the CIDNE transmission and the CIDNE thefts do not merge; therefore, we would support 86 years as the
maximum after UMC and understand that there would be no assignment of profits or proceeds clause under this

option.

Finally, this disclaimer must be written--as you know, we have not elicited the SJ A's input during these negotiations
as per your request. We only originally briefed him that we were going to start negotiations with you again and that
once we work out terms, we would then give him what we think is the appropriate offer with our recommendation
and analysis. He supported us going forward, which we are doing. Although Joe and I both support these COAs, I
do not have a sense on whether the SJ A will support the 25 years and no fine as discussed under COA-Q. We have
never discussed limiting a fine with him, and actually have discussed the opposite--what a possible appropriate fine
would be based on the amount of money the USG spent mitigating the damage/potential damage.

Thanks!

v/r
MAJ Fein

Page 1014 of2169

02336



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

Date: Friday, March 29, 2013 12:33:37 PM

MAJ Fein

I concur. Have a nice weekend.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 8:34 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

MAJ Hurley,
I agree with what you have below with some clarifications:
1. Yes, we agree with you that the polygraph will not be a term in either PTA.

2. For cooperation, the term of cooperation would need to continue for a significant but certain period to allow DOJ
to pursue any leads and have him testify, if required.

3. We can support going to the SJ A with drafted OTPs to see if he supports one or both of the them. He does not
return until the middle of next week which gives us time to start drafting.

4. In reference to your number 4 below- on Monday we discussed that once we have a signed PTA by all parties,
then under the trial judiciary rules, we will immediately notify the Court and highlight that there is a provision to
have a Stip of Fact completed by a certain date. We would also let the Court know that absent her contrary
instruction, we intend to waive off all merits witnesses from both sides to focus on preparation of the stipulation of
fact and sentencing, and if for some reason the Stip of Fact is not completed by that date and thus no deal, the
Government would ask for a continuance of the trial date for that period of time to coordinate witness participation,
and the defense does not object. We could also incorporate this delay into the PTA.

I now feel compelled to highlight that we do not expect to need or want to exercise #4 above- getting the Stip done
and both sides agreeing will be our main effort once the deal is signed, which is also why the time between signed
PTA and Stip Date is critical.

If you concur with this email, then please let us know so that we will start working on the PTA and our analysis for
presentation to the SJ A.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 28, 2013 2:10 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW

Page 1015 of2169

02337

Overgaard, Angel CPT USARMY (US)
Subject: RE: Negotiations

MAJ Fein

Got it and thanks for getting back to me. I take it that your exclusion of the term polygraph in describing PFC
Manning's cooperation was an intentional one. Thus, he will not be required to take any during his post-trial
cooperation period.

Another thing on cooperation - can the period of cooperation end at initial action? Action is normally the event that
ends trial defense counsel participation. This is certainly not a deal-breaker - just something I am more comfortable
with.

Here's my take on the way ahead:

1. You brief the SJ A. He explains what he is willing to support.

2. You create and send the OTPs to us consistent with the SJA's guidance.

3. We get PFC Manning's concurrence/nonconcurrence on those OTPs.

4. You tell the MJ provided there is concurrence on one of the OTPs.

That's what I remember from Monday. Just want to make sure we are on the same sheet.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 4:47 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Negotiations

MAJ Hurley,

At our meeting Monday, we left owing you answers to three questions. Following are the answers to those
questions.

First, any violation of the assignment of profits or proceeds provision in a PTA would be recouped by DOJ through
a civil action. Second, cooperation in the PTA would be defined as testifying before the grand jury, with immunity
from the GCMCA, and participation in any other prosecutions by the USG. Finally, the third question was about
whether under COA-NQ, we would support a max sentence of 76 years with an assignment of profits or proceeds
clause -or- a max sentence of 86 years without the clause. After looking at the case law again on UMC, we believe
the CIDNE transmission and the CIDNE thefts do not merge; therefore, we would support 86 years as the
maximum after UMC and understand that there would be no assignment of profits or proceeds clause under this
optlon.

Finally, this disclaimer must be written--as you know, we have not elicited the SJ A's input during these negotiations
as per your request. We only originally briefed him that we were going to start negotiations with you again and that
once we work out terms, we would then give him what we think is the appropriate offer with our recommendation
and analysis. He supported us going forward, which we are doing. Although Joe and I both support these COAs, I
do not have a sense on whether the SJ A will support the 25 years and no fine as discussed under COA-Q. We have
never discussed limiting a fine with him, and actually have discussed the opposite--what a possible appropriate fine
would be based on the amount of money the USG spent mitigating the damage/potential damage.

Page 1016 of2169

02338

Thanks!

V/r
MAJ Fein

Page 1017 of2169

02339



From: Tooman, Joshua CPT USARMY (US)

To: USARMY IMCOM USARMY USAMDW (US)

Cc: - USARMY "David Coombs"; Hurley, Thomas MAJ USARMY Fein, Ashden MAJ
USARMY MDW ?egg

Subject: RE: Safe Move (U LASSI FI ED)

Date: Thursday, March 28, 2013 5:27:04 PM

Chief

The paralegal at Fort Myer, where the safe currently sits, indicated that it is a five drawer.



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 5:24 PM

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

Cc: USARMY 'David Coombs'; Hurley, Thomas MAJ USARMY Fein,
Ashden MAJ USAR MDW (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Please confirm: Is it 5 or 4 drawer safe? Right now, I have two different information.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: USARMY USAMDW (US)

Sent: Thursday, March 28, 2013 4:20 PM

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

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

Subject: RE: Safe Mo UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
This is a 4 drawer safe.
v/r,



(6
nge 1018 of2169

02340

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 IMCOM (US)

Sent: Thursday, March 28, 2013 3:46 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

This a good news. Please let me know the model of the lock and is this a 4
or 2 drawer?

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 3:32 PM

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

cc:? USARMY USAMDW a USARMY

Page 1019 of2169

02341

'David Coombs'; Hurley, Thomas MAJ USARMY (US)
Subject: RE: Safe Move (UNCLASSIFIED)

Chief
Thanks for your help. One point of clarification; the safe is currently
empty. Obviously, I'll put things in it down the road, but there is not

anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 3:26 PM

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

Cc: USARMY USAMDW USARMY
(US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Good afternoon. Just received a call from? and below is what I
6 6

informed him:

1. Moving a safe is not a matter but materials inside is making this seems
like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance
and policies in place by Belvoir G2. I have to coordinate with my G2 to
inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and
follow safeguarding procedure before it arrives here. I don't think you can
transport a safe with materials in it but your G2 can answer that. Even if
you do, inventory is mandatory. I do have to submit a report to G2
on classified materials. Once it comes to Belvoir, it belongs to Belvoir

and I do have to submit a report to a report to G2 including this
safe and general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge
of what's going on to keep my command in safe hand.

5. DOL: We have two ?oors and safe is going to be on the 1st Floor. So,
I have to coordinate with DOL to see if the first floor can hold the safe.

I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved
them?

These are mandatory requirements when it comes to classified information
especially with your situation. I don't want any small administrative error
go south on us.

To do all this, please send me a brief description of the safe and model of
the lock. I will coordinate with DOL and G2 with Fort Belvoir for

respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for

Page 1020 of 2169

coordination.
Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 2:38 PM

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

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW USARMY CIV




USARMY CPT USAR (US)
Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Thank you. I will contactR 5 about this immediately.
v/r

MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW (US)
Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT



USARMY USAMDW Overgaard, Angel CPT USARMY
- USARMY USAMDW USARMY CIV
USARMY CPT USAR (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Unfortunately, it hasn't been coordinated thru my office and installation
POCs. I don't want to be the one who is blocking the action but not sure

all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend
that we take care of this now than later.

Thank you.

Page 1021 of2169

02342

02343





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David
Coombs Morrow, oDean (Joe) CPT
USARMY USAMDW Overgaard, Angel CPT USARMY

USARMY USAMDW USARMY IMCOM
3% USARMY CIV USARMY -,


ARMY (US)




Subject: RE: Safe Move
Sir

Fort Myer TDS office is 229. The individual offices are not numbered,
but the safe is currently in the first office on the right. POC at Myer is

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS
office is the door on the far left. Again, I don't think the offices are
individually numbered. The offices do, however, have names on the doors and
the safe will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

USARMY Hurley, Thomas MAJ USARMY David

Coombs Morrow, JoDean (Joe) CPT

USARMY USAMDW Overgaard, Angel CPT USARMY
USARMY USAMDW (US)

Subject: Safe Move

Josh,

a is on leave for the rest of the week. It is my understanding that
sa ovement is going to occur tomorrow morning and the movers are

making their final plans.
Could you please provide me the POC name and number at Fort Meyer and Fort
Belvoir for the move and the building and room numbers for each of the TDS

offices.

I need to provide this information to DPW this afternoon.

Page 1022 of 2169

02344

Thank you!
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1023 of 2169

02345

From: Fein, Ashden MAJ USARMY MDW (US)

To: rl Th MA ARMY

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)






Bcc:
1&1; USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Whyte, Hunter CPT USARMY (US)
Subject: RE: Negotiations
Date: Thursday, March 28, 2013 4:34:00 PM
MAJ Hurley,

I agree with what you have below with some clarifications:
1. Yes, we agree with you that the polygraph will not be a term in either PTA.

2. For cooperation, the term of cooperation would need to continue for a significant but certain period to allow DOJ
to pursue any leads and have him testify, if required.

3. We can support going to the SJ A with drafted OTPs to see if he supports one or both of the them. He does not
return until the middle of next week which gives us time to start drafting.

4. In reference to your number 4 below- on Monday we discussed that once we have a signed PTA by all parties,
then under the trial judiciary rules, we will immediately notify the Court and highlight that there is a provision to
have a Stip of Fact completed by a certain date. We would also let the Court know that absent her contrary
instruction, we intend to waive off all merits witnesses from both sides to focus on preparation of the stipulation of
fact and sentencing, and if for some reason the Stip of Fact is not completed by that date and thus no deal, the
Government would ask for a continuance of the trial date for that period of time to coordinate witness participation,
and the defense does not object. We could also incorporate this delay into the PTA.

I now feel compelled to highlight that we do not expect to need or want to exercise #4 above- getting the Stip done
and both sides agreeing will be our main effort once the deal is signed, which is also why the time between signed
PTA and Stip Date is critical.

If you concur with this email, then please let us know so that we will start working on the PTA and our analysis for
presentation to the SJ A.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 28, 2013 2:10 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

MAJ Fein
Got it and thanks for getting back to me. I take it that your exclusion of the term polygraph in describing PFC
Manning's cooperation was an intentional one. Thus, he will not be required to take any during his post-trial

cooperation period.

Another thing on cooperation - can the period of cooperation end at initial action? Action is normally the event that

Page 1024 of 2169

02346

ends trial defense counsel participation. This is certainly not a deal-breaker - just something I am more comfortable
with.

Here's my take on the way ahead:

1. You brief the SJ A. He explains what he is willing to support.

2. You create and send the OTPs to us consistent with the SJA's guidance.

3. We get PFC Manning's concurrence/nonconcurrence on those OTPs.

4. You tell the MJ provided there is concurrence on one of the OTPs.

That's what I remember from Monday. Just want to make sure we are on the same sheet.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 4:47 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Negotiations

MAJ Hurley,

At our meeting Monday, we left owing you answers to three questions. Following are the answers to those
questions.

First, any violation of the assignment of profits or proceeds provision in a PTA would be recouped by DOJ through
a civil action. Second, cooperation in the PTA would be defined as testifying before the grand jury, with immunity
from the GCMCA, and participation in any other prosecutions by the USG. Finally, the third question was about
whether under COA-NQ, we would support a maX sentence of 76 years with an assignment of profits or proceeds
clause -or- a maX sentence of 86 years without the clause. After looking at the case law again on UMC, we believe
the CIDNE transmission and the CIDNE thefts do not merge; therefore, we would support 86 years as the
maximum after UMC and understand that there would be no assignment of profits or proceeds clause under this
optlon.

Finally, this disclaimer must be written--as you know, we have not elicited the SJ A's input during these negotiations
as per your request. We only originally briefed him that we were going to start negotiations with you again and that
once we work out terms, we would then give him what we think is the appropriate offer with our recommendation
and analysis. He supported us going forward, which we are doing. Although Joe and I both support these COAs, I
do not have a sense on whether the SJ A will support the 25 years and no fine as discussed under COA-Q. We have
never discussed limiting a fine with him, and actually have discussed the opposite--what a possible appropriate fine
would be based on the amount of money the USG spent mitigating the damage/potential damage.

Thanks!

v/r
MAJ Fein

Page 1025 of 2169

02347



From: Tooman, Joshua CPT USARMY (US)

To: IMCOM USARMY USAMDW (US)
Cc: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY "David Coombs"

Subject: FW: Safe (UNCLASSIFIED)

Date: Thursday, March 28, 2013 4:19:07 PM

Chief

See below for details about the safe. It actually has 5 drawers.

Thanks!



From: CIV USARMY (US)
Sent: Thursday, March 28, 2013 4:09 PM
To: Tooman, Joshua CPT USARMY (US)
Subject: RE: Safe (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Here is what I found:
General Services Administration
Security Container

Hamilton Products Group INC
Lock type: X08

Container type: HAM
Container No: 41499B

Model No 06-5

I hope that helps.

5



From: Tooman, Joshua CPT USARMY (US)
Sent: Thursday, March 28, 2013 3:40 PM
To_ CIV USARMY (US)
Subject: Safe

MR

Could you look at the safe inks office and let me know the make and
model of both the safe itself the lock?

Also, can you verify that it is gray and has four drawers?

Page 1026 of 2169

02348

Thanks!

Josh

Classification: UNCLASSIFIED
Caveats: NONE

Page 1027 of 2169

02349



From: Tooman, Joshua CPT USARMY (US)

To: USARMY IMCOM in A MA ARMY MDW

Cc: USARMY USAMDW USARMY "David Coombs"; Hurley,
Thomas MAJ USARMY (US) (6)

Subject: RE: Safe Move (UNCLASSIFIED)

Date: Thursday, March 28, 2013 3:48:45 PM

Chief

It's a four drawer. Checking on the lock info.



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 3:45 PM
To: Tooman, Joshua CPT USARMY Fein, Ashden MAJ USARMY MDW (US)

Cc: USARMY USAMDW USARMY 'David

Coombs'; Hurley, Thomas MAJ USARMY (US)
Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
This a good news. Please let me know the model of the lock and is this a 4 or 2 drawer?

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 3:32 PM

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

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

Subject: RE: Safe Move (UNCLASSIFIED)




Chief

Thanks for your help. One point of clarification; the safe is currently empty. Obviously, I'll put things in it down
the road, but there is not anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 3:26 PM

Page 1028 of 2169

02350

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

cc:? USARMY USAMDW a USARMY

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Good afternoon. Just received a call fromR a and below is what I informed him:

1. Moving a safe is not a matter but materials inside is making this seems like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance and policies in place by Belvoir G2. I
have to coordinate with my G2 to inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and follow safeguarding procedure before it
arrives here. I don't think you can transport a safe with materials in it but your G2 can answer that. Even if you
do, inventory is mandatory. I do have to submit a report to G2 on classified materials. Once it comes to
Belvoir, it belongs to Belvoir and I do have to submit a report to a report to G2 including this safe and
general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge of what's going on to keep my command
in safe hand.

5. DOL: We have two floors and safe is going to be on the 1st Floor. So, I have to coordinate with DOL to see if
the first floor can hold the safe. I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved them?

These are mandatory requirements when it comes to classified information especially with your situation. I don't
want any small administrative error go south on us.

To do all this, please send me a brief description of the safe and model of the lock. I will coordinate with DOL and
G2 with Fort Belvoir for respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for coordination.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Thursday, March 28, 2013 2:38 PM

To: USARMY IMCOM Tooman, Joshua CPT USARMY (US)
Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs

Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY CIV USARMY CPT USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Thank you. I will contact? about this immediately.

Page 1029 of 2169

02351

v/r
MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

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

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY CIV USARMY (US) CPT USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Unfortunately, it hasn't been coordinated thru my office and installation POCs. I don't want to be the one who is
blocking the action but not sure all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend that we take care of this now than
later.

Thank you.





Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc- MAJ USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY IMCOM 5 USARMY CIV USARMY




CPT USARMY (US)
Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered, but the safe is currently in the first

office on the right. POC at Myer is?

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS office is the door on the far left. Again, I
don't think the offices are individually numbered. The offices do, however, have names on the doors and the safe

will be going in my office. I will be the POC,

Thanks,

Page 1030 of 2169

02352

Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: MAJ USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW (US)
Subject: Safe Move
Josh,

is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
0 morning and the movers are making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1031 of2169

02353



From: Tooman, Joshua CPT USARMY (US)

To: USARMY IMCOM in A MA ARMY MDW

Cc: USARMY USAMDW USARMY "David Coombs"; Hurley,
Thomas MAJ USARMY (US) (6)

Subject: RE: Safe Move (UNCLASSIFIED)

Date: Thursday, March 28, 2013 3:31 :35 PM

Chief

Thanks for your help. One point of clarification; the safe is currently empty. Obviously, I'll put things in it down
the road, but there is not anything in it now. It sounds like that should make things easier.


CPT



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 3:26 PM
To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)

cc:? USARMY USAMDW wsx? USARMY am

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Good afternoon. Just received a call from? and below is what I informed him:

1. Moving a safe is not a matter but materials inside is making this seems like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance and policies in place by Belvoir G2. I
have to coordinate with my G2 to inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and follow safeguarding procedure before it
arrives here. I don't think you can transport a safe with materials in it but your G2 can answer that. Even if you
do, inventory is mandatory. I do have to submit a report to G2 on classified materials. Once it comes to
Belvoir, it belongs to Belvoir and I do have to submit a report to a report to G2 including this safe and
general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge of what's going on to keep my command
in safe hand.

5. DOL: We have two ?oors and safe is going to be on the 1st Floor. So, I have to coordinate with DOL to see if
the first floor can hold the safe. I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved them?

These are mandatory requirements when it comes to classified information especially with your situation. I don't
want any small administrative error go south on us.

To do all this, please send me a brief description of the safe and model of the lock. I will coordinate with DOL and
G2 with Fort Belvoir for respective actions.

Remember, this weekend is a 4 day weekend and we will try our best for coordination.
Thank you.





Page 1032 of 2169



02354

Legal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 2:38 PM

To USARMY IMCOM Tooman, Joshua CPT USARMY (US)
Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs

Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY CIV USARMY USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Chief,

Thank you. I will contactR 5 about this immediately.

v/r
MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

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

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW

USARMY CIV USARMY USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Unfortunately, it hasn't been coordinated thru my office and installation POCs. I don't want to be the one who is
blocking the action but not sure all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend that we take care of this now than
later.

Thank you.





gal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Tooman, Joshua CPT USARMY (US)

Page 1033 of 2169

02355

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY IMCOM 5 USARMY CIV USARMY







USARMY (US)

Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered, but the safe is currently in the first

office on the right. POC at Myer is?

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS office is the door on the far left. Again, I
don't think the offices are individually numbered. The offices do, however, have names on the doors and the safe

Will be going in my office. I Will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW (US)

Subject: Safe Move
Josh,

is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
0 morning and the movers are making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1034 of 2169

02356

From: FeinI Ashden MAJ USARMY MDW (US)
To: USARMY IMCOM TQQman, (195mg ,1 QPT LJSARMY (L13)






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





Subject: RE: Safe Move (UNCLASSIFIED)
Date: Thursday, March 28, 2013 3:30:00 PM
Chief,

Thank you! I just spoke with our and the move is postponed until these issues can be worked out. CPT
Tooman should be able to answer all these questions for you because this is a TDS safe that only he has access to,
as we do not have the combination nor should as the prosecution. Once you and/or CPT Tooman let us know you
are ready to receive, assuming the 1st floor is suitable for the move, then we will immediately turn the movers back
on.

v/r
MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 3:27 PM

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

cc:? USARMY USAMDW wsx? USARMY am

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Good afternoon. Just received a call from? and below is what I informed him:

1. Moving a safe is not a matter but materials inside is making this seems like complicated.

2. Even though, the safe is loaned to us, we still have to follow guidance and policies in place by Belvoir G2. I
have to coordinate with my G2 to inspect the safe before it can be used.

3. Materials inside? Someone from your end has to do an inventory and follow safeguarding procedure before it
arrives here. I don't think you can transport a safe with materials in it but your G2 can answer that. Even if you
do, inventory is mandatory. I do have to submit a report to G2 on classified materials. Once it comes to
Belvoir, it belongs to Belvoir and I do have to submit a report to a report to G2 including this safe and
general description of materials in it.

4. I am the security officer for this office and I do need have a knowledge of what's going on to keep my command
in safe hand.

5. DOL: We have two ?oors and safe is going to be on the 1st Floor. So, I have to coordinate with DOL to see if
the first floor can hold the safe. I don't want to put command or office in any jeopardy.

6. Courier: Who is transporting these to the installation and who approved them?

These are mandatory requirements when it comes to classified information especially with your situation. I don't
want any small administrative error go south on us.

To do all this, please send me a brief description of the safe and model of the lock. I will coordinate with DOL and
G2 with Fort Belvoir for respective actions.

Page 1035 of 2169

02357

Remember, this weekend is a 4 day weekend and we will try our best for coordination.

Thank you.





gal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 2:38 PM

To: USARMY IMCOM Tooman, Joshua CPT USARMY (US)
Cc: - USARMY Hurley, Thomas MAJ USARMY David Coombs

Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY CIV USARMY USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)



Chief,

Thank you. I will contact? about this immediately.

v/r
MAJ Fein



From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

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

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW

USARMY CIV USARMY USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Unfortunately, it hasn't been coordinated thru my office and installation POCs. I don't want to be the one who is
blocking the action but not sure all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend that we take care of this now than
later.

Thank you.





gal Administrator

Page 1036 of 2169

02358

Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY IMCOM 5 USARMY CIV USARMY








USARMY (US)

Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered, but the safe is currently in the first

office on the right. POC at Myer is?

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS office is the door on the far left. Again, I
don't think the offices are individually numbered. The offices do, however, have names on the doors and the safe

will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW (US)
Subject: Safe Move
Josh,

- is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
tomorrow morning and the movers are making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED

Page 1037 of 2169

02359

Caveats: NONE

Page 1038 of 2169

02360

From: Fein, Ashden MAJ USARMY MDW (US)
To: USARMY IMCOM US PT ARMY
Cc: USARMY Hurley Thomas MAJ USARMY David Coombs

Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW USARMY





Ms ;?_c_xcw USARMY us ;?_c_xusmw us (6)
Subject: RE: Safe Move (UNCLASSIFIED)
Date: Thursday, March 28, 2013 2:37:00 PM
Chief,
Thank you. I will contact? about this immediately.
v/r
MAJ Fein


From: USARMY IMCOM (US)

Sent: Thursday, March 28, 2013 2:03 PM

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

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW

USARMY CIV USARMY USARMY (US)

Subject: RE: Safe Move (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Unfortunately, it hasn't been coordinated thru my office and installation POCs. I don't want to be the one who is
blocking the action but not sure all the dots are matched between, DPW, G2, DOL and respective offices.

This is very important due to nature of materials. I would highly recommend that we take care of this now than
later.

Thank you.





gal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 28, 2013 1:56 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
USARMY IMCOM 5 USARMY CIV USARMY

Page 1039 of 2169

02361

USARMY
Subject: RE: Safe Move

Sir

Fort Myer TDS office is 229. The individual offices are not numbered, but the safe is currently in the first

office on the right. POC at Myer is?

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS office is the door on the far left. Again, I
don't think the offices are individually numbered. The offices do, however, have names on the doors and the safe

will be going in my office. I will be the POC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW (US)

Subject: Safe Move
Josh,

- is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
tomorrow morning and the movers are making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1040 of 2169

02362



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: Negotiations

Date: Thursday, March 28, 2013 2:09:46 PM

MAJ Fein

Got it and thanks for getting back to me. I take it that your exclusion of the term polygraph in describing PFC
Manning's cooperation was an intentional one. Thus, he will not be required to take any during his post-trial
cooperation period.

Another thing on cooperation - can the period of cooperation end at initial action? Action is normally the event that
ends trial defense counsel participation. This is certainly not a deal-breaker - just something I am more comfortable
with.

Here's my take on the way ahead:

1. You brief the SJ A. He explains what he is willing to support.

2. You create and send the OTPs to us consistent with the SJA's guidance.

3. We get PFC Manning's concurrence/nonconcurrence on those OTPs.

4. You tell the MJ provided there is concurrence on one of the OTPs.

That's what I remember from Monday. Just want to make sure we are on the same sheet.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 4:47 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Negotiations

MAJ Hurley,

At our meeting Monday, we left owing you answers to three questions. Following are the answers to those
questions.

First, any violation of the assignment of profits or proceeds provision in a PTA would be recouped by DOJ through
a civil action. Second, cooperation in the PTA would be defined as testifying before the grand jury, with immunity
from the GCMCA, and participation in any other prosecutions by the USG. Finally, the third question was about
whether under COA-NQ, we would support a max sentence of 76 years with an assignment of profits or proceeds
clause -or- a max sentence of 86 years without the clause. After looking at the case law again on UMC, we believe
the CIDNE transmission and the CIDNE thefts do not merge; therefore, we would support 86 years as the
maximum after UMC and understand that there would be no assignment of profits or proceeds clause under this
optlon.

Finally, this disclaimer must be written--as you know, we have not elicited the SJ A's input during these negotiations

as per your request. We only originally briefed him that we were going to start negotiations with you again and that
once we work out terms, we would then give him what we think is the appropriate offer with our recommendation

Page 1041 of2169

02363

and analysis. He supported us going forward, which we are doing. Although Joe and I both support these COAs, I
do not have a sense on whether the SJ A will support the 25 years and no fine as discussed under COA-Q. We have
never discussed limiting a fine with him, and actually have discussed the opposite--what a possible appropriate fine
would be based on the amount of money the USG spent mitigating the damage/potential damage.

Thanks!

V/r
MAJ Fein

Page 1042 of 2169

02364






From: Tooman, Joshua CPT USARMY (US)
To: Fain, MAJ USARMY MDW (L15)
USARMY USAMDW US "David Coombs"; USARMY
TJAG US
Subject: afe Move (UNCLASSIFIED)
Date: ursday, March 28, 2013 1:58:54 PM
Importance:
Sir

Please see the email below from?, outlining his concerns. Do you know if these issues have been
addressed?


Josh



From: USARMY IMCOM
Sent: Thursday, March 28, 2013 1:55 PM
To: Tooman, Joshua CPT USARMY (US)

Caz??R USARMY
Subject: RE: Safe Mo UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

As of now, NO one has contacted us. We haven't coordinated with anyone (DPW, G2) since we have no
information. I don't want this to be a burden after the fact. If they have done coordination between DPW to DPW
and S2 to S2, then I am OK, otherwise, please have them coordinate before they make this big move.

Is the safe empty or documents in it? If they have documents, then who is authorizing? Also, how about you if you
are going to be a courier between two installation - who authorized it? Lots of questions needs to be answered
before we make this happen. Again, I would rather have the head-ache now than later.

Also, it is a 4 day weekend and no one will be here in the office until Tuesday.

Thank you.





gal Administrator
Office of the Staff Judge Advocate
Fort Belvoir, Virginia


From: Tooman, Joshua CPT USARMY (US)
Sent: Thursday, March 28, 2013 1:50 PM

USARMY IMCOM wsx? USARMY am

Subject: FW: Safe Move
Importance: High

Page 1043 of 2169

02365

Chief?

See below. Were you ever contacted about this?

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW (US)
Subject: Safe Move
Josh,

is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
tomorrow morning and the movers are making their final plans.

Could you please provide me the POC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1044 of 2169

02366

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



Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW
I USARMY IMCOM - USARMY CIV USARMY
(6)





USARMY (US)
Subject: RE: Safe Move
Date: Thursday, March 28, 2013 1:56:11 PM
6

Sir

Fort Myer TDS office is 229. The individual offices are not numbered, but the safe is currently in the first

office on the right. POC at Myer is?

Fort Belvoir TDS is in 257. Parking lot is located off 23rd St. TDS office is the door on the far left. Again, I
don't think the offices are individually numbered. The offices do, however, have names on the doors and the safe

will be going in my office. I will be the FCC,

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW (US)
Subject: Safe Move
Josh,

is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
tomorrow morning and the movers are making their final plans.

Could you please provide me the FCC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!

MAJ Fein

Page 1045 of 2169

02367





From: Tooman, Joshua CPT USARMY (US)

To: in A MA ARMY MDW

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW USARMY
USARMY IMCOM (US) (6)

Subject: RE: Safe Move

Date: Thursday, March 28, 2013 1:46:23 PM

Sir

Thanks for the update. I'll get you the requested information. Do you know if ever got in touch with
- regarding this move? - had indicated that fol at oir would need to check on
ether our building can even support safe. Like, will the safe fall through the floor support the safe. It's an

old building.

Thanks,
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 28, 2013 12:30 PM

To: Tooman, Joshua CPT USARMY (US)

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard,

Angel CPT USARMY USARMY USAMDW (US)
Subject: Safe Move
Josh,

- is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
tomorrow morning and the movers are making their final plans.

Could you please provide me the FCC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.
Thank you!

MAJ Fein

Page 1046 of 2169

02368






From: Fein, Ashden MAJ USARMY MDW (US)

To: rl Th MA ARMY

Cc: "David Coombs"; Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Bcc:
1&1; USARMY

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

Whyte, Hunter CPT USARMY (US)

Subject: Negotiations

Date: Thursday, March 28, 2013 12:47:00 PM

MAJ Hurley,

At our meeting Monday, we left owing you answers to three questions. Following are the answers to those
questions.

First, any violation of the assignment of profits or proceeds provision in a PTA would be recouped by DOJ through
a civil action. Second, cooperation in the PTA would be defined as testifying before the grand jury, with immunity
from the GCMCA, and participation in any other prosecutions by the USG. Finally, the third question was about
whether under COA-NQ, we would support a maX sentence of 76 years with an assignment of profits or proceeds
clause -or- a maX sentence of 86 years without the clause. After looking at the case law again on UMC, we believe
the CIDNE transmission and the CIDNE thefts do not merge; therefore, we would support 86 years as the
maximum after UMC and understand that there would be no assignment of profits or proceeds clause under this

option.

Finally, this disclaimer must be written--as you know, we have not elicited the SJ A's input during these negotiations
as per your request. We only originally briefed him that we were going to start negotiations with you again and that
once we work out terms, we would then give him what we think is the appropriate offer with our recommendation
and analysis. He supported us going forward, which we are doing. Although Joe and I both support these COAs, I
do not have a sense on whether the SJ A will support the 25 years and no fine as discussed under COA-Q. We have
never discussed limiting a fine with him, and actually have discussed the opposite--what a possible appropriate fine
would be based on the amount of money the USG spent mitigating the damage/potential damage.

Thanks

v/r
MAJ Fein

Page 1047 of 2169

02369

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David Q?ngbs"
Cc: USARMY Hurley, Thomas MAJ USARMY Tooman Joshua CPT USARMY



Morrow, JoDean (Joe) CPT USARMY USAMDW OvergaardI Angel CPT USARMY (US)





Bcc:
Mitroka Katherine
CPT USARMY von Elten, Alexander (Alec) CPT USARMY Whyte, Hunter CPT USARMY (US)
Subject: RE: Additional Sentencing Witness
Date: Thursday, March 28, 2013 12:44:00 PM
David,

Thank you. We will take a look at this and get back to you in the next few days.

v/r
Ashden



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

Sent: Thursday, March 28, 2013 12:39 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
(US)

Subject: Additional Sentencing Witness

Ashden,

Please find attached a request for an additional sentencing witness. The
witness that we are requesting is PFC Manning's sister. Let me know if you
have any questions.

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 1048 of 2169

02370





From: David Coombs

To: in A MA ARMY MDW

Cc: USARMY Hurley, Thomas MAJ USARMY Tooman Joshua CPT USARMY
Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)

Subject: Additional Sentencing Witness

Date: Thursday, March 28, 2013 12:42:35 PM

Attachments: Def Witness List for Merits and

Ashden,

Please find attached a request for an additional sentencing witness. The
witness that we are requesting is PFC Manning's sister. Let me know if you
have any questions.

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 1049 of 2169

02371





From: Fein, Ashden MAJ USARMY MDW (US)

To: PT ARMY

Cc: USARMY Hurley, Thomas MAJ USARMY David Coombs
Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY USARMY USAMDW (US)

Bee:
USARMY MDW CIV Mitroka Katherine CPT
USARMY von Elten, Alexander (Alec) CPT USARMY Whyte, Hunter CPT USARMY (US)

Subject: Safe Move

Date: Thursday, March 28, 2013 12:30:00 PM

I mportance: High

Josh,

- is on leave for the rest of the week. It is my understanding that the safe movement is going to occur
tomorrow morning and the movers are making their final plans.

Could you please provide me the FCC name and number at Fort Meyer and Fort Belvoir for the move and the
building and room numbers for each of the TDS offices.

I need to provide this information to DPW this afternoon.

Thank you!

MAJ Fein

Page 1050 of 2169

02372



From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY rr PT ARMY AMDW

Cc: Tooman, Joshua CPT USARMY David Coombs
Subject: RE: meeting (UNCLASSIFIED)

Date: Tuesday, March 26, 2013 11:44:00 AM

We will bring them.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 26, 2013 11:39 AM

To: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY David Coombs Fein,
Ashden MAJ USARMY MDW (US)

Subject: RE: meeting (UNCLASSIFIED)

CPT Morrow,
Would you bring the two classified filings in case we need them? Thanks.

MAJ Hurley



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 26, 2013 3:37 PM

To: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY David Coombs Fein,
Ashden MAJ USARMY MDW (US)

Subject: RE: meeting (UNCLASSIFIED)

FWIW, they consolidated the two Ray's in that old strip mall into one restaurant across the street. If you ever find
yourself there, be in uniform or carry your ID. A service member can get a burger, tots (my preferred fried potato),

and a drink for $5.45. You can't be that at McDonald's. (My cardiologist is rather upset that I know that.)

See you at the SJA's office.



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 26, 2013 3:33 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY David Coombs Fein,
Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
We are going to meet in the SJA's office if it's alright with you. He's on
leave this week and we will disable all recording devices - we learned a lot

from Watergate. I assume you know where it's located.

I thought Ray's Hellburger closed?

Page 1051 of2169

02373

CPT Joe Morrow
Trial Counsel
US. Army Military District of Washington





From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 26, 2013 11:32 AM

To: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY David Coombs
Fein, Ashden MAJ USARMY MDW
Tooman, Joshua CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

CPT Morrow

Thanks for the note. Would prefer an in-person meeting in order to avoid
those strange talking around classified evidence without talking about
conversations that we have all had too much of over the phone. Is there a
conference room there we can use? I know I have a conference room here I
can use, but parking can be a problem for you guys. (The added benefit to
meeting here - a luncheon at Ray's Hellburger. They have a fairly steep
military discount that should make my tape test in May a real nail-biter.

Of course, I would expect y'all to pick up the tab.) Josh is at INSCOM
today with Trent, so the TDS office at Belvoir is probably out.

I would like to discuss Grunden, so we should probably have both of the
government's filing on hand if required for reference. (Obvs, we wouldn't
bring those documents to Ray's.)

Let me know what y'all want. Happy to do whatever.

Tom



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 26, 2013 3:22 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY David Coombs
Fein, Ashden MAJ USARMY MDW (US)
Subject: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Page 1052 of 2169

I know we discussed a potential in-person meeting today, but we did not
discuss a location. Do you still want to meet, in-person or otherwise? I
think we are prepared to discuss the PTA piece; not-so-much the Grunden
stuff we spoke about over the phone, although we can certainly raise that.
Let me know.

CPT Joe Morrow
Trial Counsel

US. Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1053 of 2169

02374

02375



From: Hurley, Thomas MAJ USARMY (US)

To: rr PT ARMY AMDW

Cc: Tooman, Joshua CPT USARMY David Coombs Fein, Ashden
MAJ USARMY MDW (US)

Subject: RE: meeting (UNCLASSIFIED)

Date: Tuesday, March 26, 2013 11:39:28 AM

CPT Morrow,

Would you bring the two classified filings in case we need them? Thanks.

MAJ Hurley



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 26, 2013 3:37 PM

To: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY David Coombs Fein,
Ashden MAJ USARMY MDW (US)

Subject: RE: meeting (UNCLASSIFIED)

FWIW, they consolidated the two Ray's in that old strip mall into one restaurant across the street. If you ever find
yourself there, be in uniform or carry your ID. A service member can get a burger, tots (my preferred fried potato),

and a drink for $5.45. You can't be that at McDonald's. (My cardiologist is rather upset that I know that.)

See you at the SJA's office.



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 26, 2013 3:33 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY David Coombs Fein,
Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

We are going to meet in the SJA's office if it's alright with you. He's on
leave this week and we will disable all recording devices - we learned a lot
from Watergate. I assume you know where it's located.

I thought Ray's Hellburger closed?

CPT Joe Morrow

Trial Counsel
US. Army Military District of Washington





Page 1054 of 2169

02376

From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 26, 2013 11:32 AM

To: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY David Coombs
Fein, Ashden MAJ USARMY MDW
Tooman, Joshua CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

CPT Morrow

Thanks for the note. Would prefer an in-person meeting in order to avoid
those strange talking around classified evidence without talking about
conversations that we have all had too much of over the phone. Is there a
conference room there we can use? I know I have a conference room here I
can use, but parking can be a problem for you guys. (The added benefit to
meeting here - a luncheon at Ray's Hellburger. They have a fairly steep
military discount that should make my tape test in May a real nail-biter.

Of course, I would expect y'all to pick up the tab.) Josh is at INSCOM
today with Trent, so the TDS office at Belvoir is probably out.

I would like to discuss Grunden, so we should probably have both of the
government's filing on hand if required for reference. (Obvs, we wouldn't
bring those documents to Ray's.)

Let me know what y'all want. Happy to do whatever.

Tom



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 26, 2013 3:22 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY David Coombs
Fein, Ashden MAJ USARMY MDW (US)
Subject: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I know we discussed a potential in-person meeting today, but we did not
discuss a location. Do you still want to meet, in-person or otherwise? I
think we are prepared to discuss the PTA piece; not-so-much the Grunden

Page 1055 of 2169

02377

stuff we spoke about over the phone, although we can certainly raise that.
Let me know.

CPT Joe Morrow
Trial Counsel

US. Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1056 of 2169

02378





From: Hurley, Thomas MAJ USARMY1US)

To: rr PT ARMY AMDW

Cc: Tooman, Joshua CPT USARMY David Coombs Fein Ashden
MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Date: Tuesday, March 26, 2013 11:31 :56 AM

CPT Morrow

Thanks for the note. Would prefer an in-person meeting in order to avoid those strange talking around classified
evidence without talking about conversations that we have all had too much of over the phone. Is there a
conference room there we can use? I know I have a conference room here I can use, but parking can be a problem
for you guys. (The added benefit to meeting here - a luncheon at Ray's Hellburger. They have a fairly steep
military discount that should make my tape test in May a real nail-biter. Of course, I would expect y'all to pick up
the tab.) Josh is at INSCOM today with Trent, so the TDS office at Belvoir is probably out.

I would like to discuss Grunden, so we should probably have both of the government's filing on hand if required for
reference. (Obvs, we wouldn't bring those documents to Ray's.)

Let me know what y'all want. Happy to do whatever.

Tom



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 26, 2013 3:22 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Tooman, Joshua CPT USARMY David Coombs Fein,
Ashden MAJ USARMY MDW (US)

Subject: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I know we discussed a potential in-person meeting today, but we did not discuss a location. Do you still want to
meet, in-person or otherwise? I think we are prepared to discuss the PTA piece; not-so-much the Grunden stuff we
spoke about over the phone, although we can certainly raise that. Let me know.

CPT Joe Morrow

Page 1057 of 2169

02379

Trial Counsel

US. Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

Page 1058 of 2169

02380

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

Tooman, Joshua CPT USARMY Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard,
Angel CPT USARMY (US)

Bcc: FiainsI Larry CIV USARMY HQDA DCS G-2

Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT
USARMY Whyte, Hunter CPT USARMY (US)
Subject: Clearance Update (US v. PFC Manning)
Date: Monday, March 25, 2013 3:29:00 PM





Good afternoon. I received as an update that your 0PM eQip data has not been completed for the US Army to
process your security clearance. DO you have any questions or need any assistance with the eQip system?

Thank you!
Respectfully,
Major Fein

Ashden Fein
Major, US Army

Page 1059 of 2169

02381



From: Hurley, Thomas MAJ USARMY (US)

To: rr PT ARMY AMDW in A MA ARMY MDW

Cc: Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Proposal (UNCLASSIFIED)

Date: Friday, March 22, 2013 11:53:12 AM

CPT Morrow

I will strive to call sooner than 1500. We are moving up our defense team conference call.

My thought at the time I drafted the proposal was two fold: (1) one has to steal, purloin, or convert to give away
(thus the 793s merge with their 641s) and (2) the giving away of two sets of docs occurred at the same time (thus
the 793s merge). Assuming that I am legally wrong about this (not the biggest assumption in the history of the US.
Army), I would indicate then that there are other ways to get at what we want. Y'all don't like merger for the four
CIDNE specifications? What if the CA just agrees to dismiss w/o prejudice three of those specifications after
Manning's plea to one remaining is accepted and the (which tells the whole story about the downloading and
sending of both sets of documents) is admitted as a Government Exhibit?

I don't see a problem with the AIT proposal, but will let you know for sure later today.
Same for the timing of the OTP and
Talk to you soon.

v/r
Tom Hurley



From: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Sent: Friday, March 22, 2013 2:36 PM

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

Cc: Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Proposal (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I think we are pretty close, but we have a couple of
First, we understand your position (and
potentially agree) that Specs 8 and 9 and Specs 12 and 13 merge for
sentencing. We are less agreeable with respect to the four CIDNE
specifications merging into one ten-year offense. Can you provide some more
insight? While the transmission of the databases certainly occurred on the
same day, there was a significant time period between the theft of the
information and the transmission of the information. Additionally, the
CIDNE-I and CIDNE-A databases were downloaded from different servers, at
different times, and required different processes to access. Second, we

would want the stipulation of fact to include facts relating to PFC

Manning's knowledge, training, etc - mostly derived from what we know about
his training at AIT and program of instruction. Finally, the SJ A would

likely want to have the OTP signed before starting work on the stipulation.
We could potentially set a hard date for agreement/completion of the stip as
part of the OTP.

Page 1060 of 2169

02382

Your thoughts? We could meet early next week if you're amenable.

CPT Joe Morrow
Trial Counsel
US. Army Military District of Washington





From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 14, 2013 8:37 AM

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

Cc: Tooman, Joshua CPT USARMY David Coombs

(coombs armycourtmartialdefense.com)

Subject: RE: Proposal (UNCLASSIFIED)

CPT Morrow
Your assumption is correct!
Sorry for that typo.

MAJ Hurley



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Wednesday, March 13, 2013 7:02 PM

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

(coombs armycourtmartialdefense.com)

Subject: RE: Proposal (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
One thing - I assume you meant Guilty to Spec 5 of Charge not Spec 6?
CPT Joe Morrow

Trial Counsel
US. Army Military District of Washington





From: Hurley, Thomas MAJ OSD OMC Defense?

Sent: Wednesday, March 13, 2013 2:48 PM

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

Cc: Tooman, Joshua CPT USARMY DaVid Coombs

(coombs armycourtmartialdefense.com)

Page 1061 of2169

02383

Subject: Proposal
CPT Morrow, et al:
We personally believe that the following specifications will merge:

Specifications 4-7 will merge into one ten year offense for the purpose of
sentencing.

Specifications 8 9 will merge into one ten year offense for the purpose of
sentencing.

Specifications 12 13 will merge into one ten year offense for the purpose
of sentencing.

Based on that, please consider the following recommendation.
We plead as follows:
The Specification of Charge I and Charge 1: Not Guilty>l< (aiding the enemy)

Specification 1 of Charge 11: Guilty (posting on internet with knowledge
that enemy could access) (full spec except dates) Specification 2 of Charge
11: Guilty (793 - collateral murder Video) (full spec except dates)
Specification 3 of Charge 11: Guilty (793 - OGA docs) (full spec except
dates) Specification 4 of Charge 11: Guilty (641 - (full spec
except dates)? Specification 5 of Charge 11: Guilty (793 - (full
spec except dates)? Specification 6 of Charge 11: Guilty (641 -
(full spec except dates)? Specification 7 of Charge 11: Guilty (793 -
(full spec except dates)? Specification 8 of Charge 11: Guilty
(641 - GTMO docs) (full spec except dates)@ Specification 9 of Charge 11:
Guilty (793 - GTMO docs) (full spec except dates)@ Specification 10 of
Charge 11: Guilty (793 - Farah docs) (full spec except

dates)

Specification 11 of Charge 11: Not Guilty (793 - Farah Video) (no change to
plea)>l<

Specification 12 of Charge 11: Guilty (641 - docs) (full spec except
dates)& Specification 13 of Charge 11: Guilty (1030 - docs) (no change
to Specification 14 of Charge 11: Guilty (1030 - Rey13 cable)(no
change to plea)>l< Specification 15: of Charge 11: Guilty (793 - ACIC Report)
(full spec except

dates)

Specification 16 of Charge 11: Not Guilty (641 - GAL) (no change to plea)>l<
To Charge 11: Guilty

Specifications 1-5 of Charge 111: Not Guilty>l< Specification 6 of Charge
Guilty (no change to plea) To Charge Guilty

All Specifications marked with a will either be dismissed outright upon
acceptance of the plea or the greater offense will be dismissed upon
acceptance of the plea.

All Specifications marked with a will be merged for sentencing into one
offense with a 10 year max.

All Specifications marked with a will be merged for sentencing into one
offense with a 10 year max.

All Specifications marked with a will be merged for sentencing into one
offense with a 10 year max.

The max confinement for the plea: 118 years. The max confinement for

Page 1062 of 2169

02384

sentencing after all of these mergers: 76 years.

We would further agree to:

1. A forensic merits (It will describe what Manning did with his
computer, including the GAL, the Farah video, and the facts that support all
of the specifications that Manning is pleading guilty to.) 2. Stips for the
damage assessments.

3. A stip for the John Doe information. (This is a one pager. On

UBL sent a to that said . On sent a back
to UBL that said (You guys may be too young to get this, but the
preceding parenthetical reads like something from The Match Game. YouTube
it if you want to get the reference. When I was a kid, the only person I

ever wanted to be was Gene Marshall.) 4. Submit no motion that requests
unreasonable multiplication of charges as a matter of relief.







I know MAJ Fein is out of town. This can wait until he gets back. Just let
me know that you got this message.

v/r
MAJ Hurley
Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1063 of 2169

02385



From: Hurley, Thomas MAJ USARMY (US)

To: rr PT ARMY AMDW

Cc: Fein, Ashden MAJ USARMY MDW David Coombs Tooman,
Joshua CPT USARMY Overgaard, Angel CPT USARMY (US)

Subject: RE: potential stipulation (UNCLASSIFIED)

Date: Friday, March 22, 2013 10:59:47 AM

CPT Morrow

I apologize. I thought this was complete. I will call you this afternoon at approximately 1500. Sound good?
Thanks.

MAJ Hurley



From: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Sent: Friday, March 22, 2013 2:39 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW David Coombs Tooman,
Joshua CPT USARMY Overgaard, Angel CPT USARMY (US)

Subject: FW: potential stipulation (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
Any update on this? Sorry for bombarding your inbox.
CPT Joe Morrow

Trial Counsel
US. Army Military District of Washington





From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 12, 2013 10:17 AM

To: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Cc: Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY
coombs armycourtmartialdefense.com

Subject: RE: potential stipulation (UNCLASSIFIED)

CPT Morrow

Yes, this is what I was trying to describe last week. My only notes would
be stylistic g. Arial or Calibri are better fonts than TNR, a larger

pitch would be preferred for easier reading, and an added space would be
preferred between the items of evidence), but I will leave those formatting
decisions to you guys.

Page 1064 of 2169

Thanks for doing this. We'll get back to you by the end of the week -
hopefully sooner.

v/r

MAJ Hurley



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 12, 2013 12:25 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Overgaard, Angel CPT USARMY Tooman, Joshua CPT USARMY (US)
Subject: potential stipulation (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Attached is a stipulation of admissibility for the physical evidence

relevant to the charges and specifications. Let us know if you have any
comments or concerns so we can hammer this out as soon as possible,
realizing you have to discuss this with your client and David. Initially,

it would be helpful to know if this product is what you had envisioned when
we discussed the issue last week. Thanks.

CPT Joe Morrow
Trial Counsel

US. Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

Page 1065 of 2169

02386

02387

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1066 of 2169

02388

From: Tooman, Joshua CPT USARMY (US)

To: USARMY USAMDW Fain, MDW (us)
Cc: David E. Coombs; Hurley, Thomas MAJ USARMY (US)

Subject: Trent"s travel (UNCLASSIFIED)

Date: Monday, March 18, 2013 9:06:23 AM



Classification: UNCLASSIFIED

Caveats: NONE

Chief

What is the status on arranging travel for Trent next week?

Thanks,

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



Attorney-Client Privileged Communication Attorney Work Product Do Not Release Under FOIA. Do Not Copy. Do
Not Forward.

Classification: UNCLASSIFIED

Caveats: NONE

Page 1067 of 2169

02389

From: Fein, Ashden MAJ USARMY MDW (US)

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

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

Subject: Re: PFC BM

Date: Friday, March 15, 2013 7:20:41 PM



David. We will coord.

Original Message

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

Sent: Friday, March 15, 2013 10:13 PM

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

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Subject: PFC BM

Joe,

Could you please arrange to have PFC BM brought to the Fort Meade TDS office
on 9 April at 1300? Thank you.

Best,
DaVid

Page 1068 of 2169

02390



From: David E. Coombs

To: Fain, Ashden MAJ LJSARMY MDW Hurley, Thomas MAJ LJSARMY TQQman, Joshua ,1 QPT LJSARMY


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

Subject: PFC BM

Date: Friday, March 15, 2013 6:13:19 PM

Joe,

Could you please arrange to have PFC BM brought to the Fort Meade TDS office
on 9 April at 1300? Thank you.

Best,
David

Page 1069 of 2169

02391



From: David E. Coombs

To: rr PT ARMY AMDW Anggl QPT LJSARMY (L15)
Cc: FeinI Ashden MAJ USARMY MDW (US)

Subject: RE: Appellate Exhibits List (UNCLASSIFIED)

Date: Thursday, March 14, 2013 2:37:26 PM

Joe,

Thank you.

Best,

David



From: Morrow, JoDean (Joe) CPT USARMY USAMDW (US)

Sent: Thursday, March 14, 2013 2:00 PM

To: David E. Coombs; Overgaard, Angel CPT USARMY (US)
Cc: Fein, Ashden MAJ USARMY MDW (US)

Subject: RE: Appellate Exhibits List (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,
As requested. Your most recent filing is highlighted in yellow.
CPT Joe Morrow

Trial Counsel
US. Army Military District of Washington





From: David E. Coombs [mailtozcoombs @armycourtmartialdefense.com]

Sent: Thursday, March 14, 2013 1:54 PM

To: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: Appellate Exhibits List

Joe - Angel,

I never received a final version of the AE list from our last session.
Could you send me the latest copy that you have? Thanks.

Best,
David

Classification: UNCLASSIFIED
Caveats: NONE

Page 1070 of 2169

02392

Page 1071 of2169

02393



From: Hurley, Thomas MAJ USARMY (US)

To: rr PT ARMY AMDW in A MA ARMY MDW

Cc: Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Proposal (UNCLASSIFIED)

Date: Thursday, March 14, 2013 8:37:15 AM

CPT Morrow

Your assumption is correct!
Sorry for that typo.

MAJ Hurley



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Wednesday, March 13, 2013 7:02 PM

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

Cc: Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Proposal (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
One thing - I assume you meant Guilty to Spec 5 of Charge not Spec 6?
CPT Joe Morrow

Trial Counsel
US. Army Military District of Washington





From: Hurley, Thomas MAJ OSD OMC Defense?

Sent: Wednesday, March 13, 2013 2:48 PM

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

Cc: Tooman, Joshua CPT USARMY David Coombs

(coombs armycourtmartialdefense.com)

Subject: Proposal

CPT Morrow, et al:
We personally believe that the following specifications will merge:

Specifications 4-7 will merge into one ten year offense for the purpose of
sentencing.

Specifications 8 9 will merge into one ten year offense for the purpose of
sentencing.

Specifications 12 13 will merge into one ten year offense for the purpose of
sentencing.

Page 1072 of 2169

02394

Based on that, please consider the following recommendation.
We plead as follows:
The Specification of Charge I and Charge 1: Not Guilty>l< (aiding the enemy)

Specification 1 of Charge 11: Guilty (posting on internet with knowledge that
enemy could access) (full spec except dates)

Specification 2 of Charge 11: Guilty (793 - collateral murder Video) (full

spec except dates)

Specification 3 of Charge 11: Guilty (793 - OGA docs) (full spec except dates)
Specification 4 of Charge 11: Guilty (641 - (full spec except

dates)?

Specification 5 of Charge 11: Guilty (793 - (full spec except
dates)?

Specification 6 of Charge 11: Guilty (641 - (full spec except
dates)?

Specification 7 of Charge 11: Guilty (793 - (full spec except
dates)?

Specification 8 of Charge 11: Guilty (641 - GTMO docs) (full spec except
dates)@

Specification 9 of Charge 11: Guilty (793 - GTMO docs) (full spec except
dates)@

Specification 10 of Charge 11: Guilty (793 - Farah docs) (full spec except
dates)

Specification 11 of Charge 11: Not Guilty (793 - Farah Video) (no change to
plea)>l<

Specification 12 of Charge 11: Guilty (641 - docs) (full spec except
dates)&

Specification 13 of Charge 11: Guilty (1030 - docs) (no change to
Specification 14 of Charge 11: Guilty (1030 - Rey13 cable)(no change to plea)>l<
Specification 15: of Charge 11: Guilty (793 - ACIC Report) (full spec except
dates)

Specification 16 of Charge 11: Not Guilty (641 - GAL) (no change to plea)>l<

To Charge 11: Guilty

Specifications 1-5 of Charge 111: Not Guilty>l<
Specification 6 of Charge Guilty (no change to plea)
To Charge Guilty

All Specifications marked with a will either be dismissed outright upon
acceptance of the plea or the greater offense will be dismissed upon
acceptance of the plea.

All Specifications marked with a will be merged for sentencing into one
offense with a 10 year max.

All Specifications marked with a will be merged for sentencing into one
offense with a 10 year max.

All Specifications marked with a will be merged for sentencing into one
offense with a 10 year max.

The max confinement for the plea: 118 years. The max confinement for
sentencing after all of these mergers: 76 years.

We would further agree to:

1. A forensic merits (It will describe what Manning did with his
computer, including the GAL, the Farah Video, and the facts that support all

Page 1073 of 2169

02395

of the specifications that Manning is pleading guilty to.)
2. Stips for the damage assessments.

3. A stip for the John Doe information. (This is a one pager. On UBL
sent a to that said . On sent a back to UBL
that said .) (You guys may be too young to get this, but the preceding

parenthetical reads like something from The Match Game. YouTube it if you
want to get the reference. When I was a kid, the only person I ever wanted

to be was Gene Marshall.)

4. Submit no motion that requests unreasonable multiplication of charges as a
matter of relief.

I know MAJ Fein is out of town. This can wait until he gets back. Just let
me know that you got this message.

V/r
MAJ Hurley

Classification: UNCLASSIFIED
Caveats: NONE

Page 1074 of 2169

02396

From: Hurley, Thomas MAJ OSD OMC Defense

To: rr PT ARMY AMDW in A MA ARMY MDW

Cc: Tooman, Joshua CPT USARMY David Coombs
Subject: Proposal

Date: Wednesday, March 13, 2013 2:52:15 PM



CPT Morrow, et al:
We personally believe that the following specifications will merge:

Specifications 4-7 will merge into one ten year offense for the purpose of sentencing.
Specifications 8 9 will merge into one ten year offense for the purpose of sentencing.
Specifications 12 13 will merge into one ten year offense for the purpose of sentencing.

Based on that, please consider the following recommendation.
We plead as follows:
The Specification of Charge I and Charge 1: Not Guilty>l< (aiding the enemy)

Specification 1 of Charge 11: Guilty (posting on internet with knowledge that enemy could access) (full spec except
dates)

Specification 2 of Charge 11: Guilty (793 - collateral murder Video) (full spec except dates)
Specification 3 of Charge 11: Guilty (793 - OGA docs) (full spec except dates)
Specification 4 of Charge 11: Guilty (641 - (full spec except dates)?
Specification 5 of Charge 11: Guilty (793 - (full spec except dates)?
Specification 6 of Charge 11: Guilty (641 - (full spec except dates)?
Specification 7 of Charge 11: Guilty (793 - (full spec except dates)?
Specification 8 of Charge 11: Guilty (641 - GTMO docs) (full spec except dates)@
Specification 9 of Charge 11: Guilty (793 - GTMO docs) (full spec except dates)@
Specification 10 of Charge 11: Guilty (793 - Farah docs) (full spec except dates)
Specification 11 of Charge 11: Not Guilty (793 - Farah Video) (no change to plea)>l<
Specification 12 of Charge 11: Guilty (641 - docs) (full spec except dates)&
Specification 13 of Charge 11: Guilty (1030 - docs) (no change to
Specification 14 of Charge 11: Guilty (1030 - Rey13 cable)(no change to plea)>l<
Specification 15: of Charge 11: Guilty (793 - ACIC Report) (full spec except dates)
Specification 16 of Charge 11: Not Guilty (641 - GAL) (no change to plea)>l<

To Charge 11: Guilty

Specifications 1-5 of Charge 111: Not Guilty>l<
Specification 6 of Charge Guilty (no change to plea)
To Charge Guilty

All Specifications marked with a will either be dismissed outright upon acceptance of the plea or the greater
offense will be dismissed upon acceptance of the plea.

All Specifications marked with a will be merged for sentencing into one offense with a 10 year max.

All Specifications marked with a will be merged for sentencing into one offense with a 10 year max.

All Specifications marked with a will be merged for sentencing into one offense with a 10 year max.

The max confinement for the plea: 118 years. The max confinement for sentencing after all of these mergers: 76
years.

We would further agree to:

1. A forensic merits (It will describe what Manning did with his computer, including the GAL, the Farah
Video, and the facts that support all of the specifications that Manning is pleading guilty to.)

Page 1075 of 2169

02397

2. Stips for the damage assessments.

3. A stip for the John Doe information. (This is a one pager. On UBL sent a to that said
On sent a back to UBL that said .) (You guys may be too young to get this, but the
preceding parenthetical reads like something from The Match Game. YouTube it if you want to get the reference.
When I was a kid, the only person I ever wanted to be was Gene Marshall.)

4. Submit no motion that requests unreasonable multiplication of charges as a matter of relief.





I know MAJ Fein is out of town. This can wait until he gets back. Just let me know that you got this message.

V/r
MAJ Hurley

Page 1076 of 2169

02398



From: David E. Coombs

To: rr PT ARMY AMDW Fein, Ashden LJSARMY MDW Hurley, Thomas
LJSARMY PT ARMY

Cc: Overgaard, Angel CPT USARMY (US)

Subject: RE: Testimonial Immunity Request (UNCLASSIFIED)

Date: Tuesday, March 12, 2013 5:11:58 PM

Joe,

Thank you for the update.

Best,

David



From: Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Sent: Tuesday, March 12, 2013 1:13 PM

To: David E. Coombs; Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ
USARMY Tooman, Joshua CPT USARMY (US)

Cc: Overgaard, Angel CPT USARMY (US)

Subject: RE: Testimonial Immunity Request (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

We received the immunity request for CW2 Balonek. I'm sorry if we did not
confirm receipt. We also agree that as a retiree, SFC Adkins is still

subject to the code. However, there are other factors at play that make the
processing of the immunity request more nuanced. We are doing research and
owe you our position on that. Thanks.

CPT Joe Morrow
Trial Counsel
US. Army Military District of Washington





From: David E. Coombs [m il rm i m]

Sent: Tuesday, March 12, 2013 11:54 AM

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

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: Testimonial Immunity Request

Joe,
Could you let me know if you are tracking on the immunity request for CW2

Balonek? Also, does the Government agree that SFC Adkins is still subject
to the code for purposes of R.C.M. 704?

Page 1077 of 2169

02399

Best,
David



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

Sent: Thursday, March 7, 2013 11:26 AM

To: 'Fein, Ashden MAJ USARMY MDW 'Hurley, Thomas MAJ USARMY
'Tooman, Joshua CPT USARMY

Cc: 'Morrow, oDean (Joe) CPT USARMY USAMDW 'Overgaard, Angel
CPT USARMY

Subject: Testimonial Immunity Request

Ashden,

Please find attached a testimonial immunity request for CW2 Balonek. Let me
know if you have any questions regarding this request.

In regards to the request for SFC Adkins, it is the Defense's position that
he is still subject to the code for purposes of R.C.M. 704. Does the
Government agree?

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

Classification: UNCLASSIFIED
Caveats: NONE

Page 1078 of 2169

02400



From: David E. Coombs

To: in A MA ARMY MDW Hurley, Thomas MAJ LJSARMY ngman, Joshua ,1 QPT LJSARMY
.05).

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

Subject: RE: Testimonial Immunity Request

Date: Tuesday, March 12, 2013 11:54:57 AM

Joe,

Could you let me know if you are tracking on the immunity request for CW2
Balonek? Also, does the Government agree that SFC Adkins is still subject
to the code for purposes of R.C.M. 704?

Best,
David



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

Sent: Thursday, March 7, 2013 11:26 AM

To: 'Fein, Ashden MAJ USARMY MDW 'Hurley, Thomas MAJ USARMY
'Tooman, Joshua CPT USARMY

Cc: 'Morrow, oDean (Joe) CPT USARMY USAMDW 'Overgaard, Angel
CPT USARMY

Subject: Testimonial Immunity Request

Ashden,

Please find attached a testimonial immunity request for CW2 Balonek. Let me
know if you have any questions regarding this request.

In regards to the request for SFC Adkins, it is the Defense's position that
he is still subject to the code for purposes of R.C.M. 704. Does the
Government agree?

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 1079 of 2169

02401



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW ngman, (Joshua QPT LJSARMY (L15)

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

Subject: RE: meeting (UNCLASSIFIED)

Date: Friday, March 08, 2013 9:23:48 AM

MAJ Fein

Josh's office is alongside the OSJ A office. The address is 9990 Belvoir Drive on Fort Belvoir. The building number
is 257. The TDS office is the closest entrance to the parking lot.

Thanks.

MAJ Hurley



From: Hurley, Thomas MAJ USARMY (US)

Sent: Friday, March 08, 2013 2:08 PM

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

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

MAJ Fein
I can't imagine it makes much of a difference. Selfishly, I would rather meet at Belvoir because of post-meeting
traffic. (I am driving out to Dulles to pick up my Mom who is coming to town for a visit.) But I am only one

participant in this meeting. Whatever is best for the majority is fine by me.

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, March 08, 2013 2:02 PM

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

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Re: meeting (UNCLASSIFIED)

Gents. Would it be easier to just meet at mcnair after your state meeting?

Original Message

From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 07, 2013 03:48 PM

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

Cc: 'David Coombs' Morrow, oDean (Joe) CPT USARMY
USAMDW Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir

Page 1080 of 2169

02402

How about 1430? We are at DOS until 1300 and it will likely take more than
an hour to metro home and then drive down to Belvoir.

v/r
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 9:39 AM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir
meeting with the MJ.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600
with Mr. McCarl. As I recall, IEDDO is in the sticks, so I imagine that it
will take us 30-45 minutes to get to McNair in the best driving conditions.

Would 1800 be

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to
meet in person today after 1400? Mr. Prather and Mr. Robertshaw just
confirmed they are being read-on today, so our schedule tomorrow should be

locked in.



Page 1081 of2169

02403

From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today
telephonically or 1400 tomorrow either telephonically or in person. (We
would prefer to handle it today given the uncertainty of your schedule
tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: meeting

Gents,

How do your schedules look today and tomorrow for us to sit down and chat
about possible terms of an We are free today after 1200, and tomorrow
after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

v/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1082 of 2169

02404

From: Fein, Ashden MAJ USARMY MDW (US)

To: r Th MA ARMY Tooman, Joshua ,1 QPT LJSARMY (L13)

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

Subject: Re: meeting (UNCLASSIFIED)

Date: Friday, March 08, 2013 9:14:40 AM



Belvoir is fine. We will see you there. Josh- Where is your office?

Original Message

From: Hurley, Thomas MAJ USARMY (US)

Sent: Friday, March 08, 2013 02:08 PM

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

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

Subject: RE: meeting (UNCLASSIFIED)

MAJ Fein
I can't imagine it makes much of a difference. Selfishly, I would rather meet at Belvoir because of post-meeting
traffic. (I am driving out to Dulles to pick up my Mom who is coming to town for a visit.) But I am only one

participant in this meeting. Whatever is best for the majority is fine by me.

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, March 08, 2013 2:02 PM

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

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Re: meeting (UNCLASSIFIED)

Gents. Would it be easier to just meet at mcnair after your state meeting?

Original Message

From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 07, 2013 03:48 PM

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

Cc: 'David Coombs' Morrow, oDean (Joe) CPT USARMY
USAMDW Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir

How about 1430? We are at DOS until 1300 and it will likely take more than
an hour to metro home and then drive down to Belvoir.

v/r
Josh



Page 1083 of 2169

02405

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 9:39 AM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir
meeting with the MJ.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600
with Mr. McCarl. As I recall, IEDDO is in the sticks, so I imagine that it
will take us 30-45 minutes to get to McNair in the best driving conditions.

Would 1800 be

V/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to
meet in person today after 1400? Mr. Prather and Mr. Robertshaw just
confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Page 1084 of 2169

02406

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today
telephonically or 1400 tomorrow either telephonically or in person. (We
would prefer to handle it today given the uncertainty of your schedule
tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: meeting

Gents,

How do your schedules look today and tomorrow for us to sit down and chat
about possible terms of an We are free today after 1200, and tomorrow
after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

v/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1085 of 2169

02407



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW ngman, Joshua ,1 QPT LJSARMY (L13)

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

Subject: RE: meeting (UNCLASSIFIED)

Date: Friday, March 08, 2013 9:08:04 AM

MAJ Fein

I can't imagine it makes much of a difference. Selfishly, I would rather meet at Belvoir because of post-meeting
traffic. (I am driving out to Dulles to pick up my Mom who is coming to town for a visit.) But I am only one
participant in this meeting. Whatever is best for the majority is fine by me.

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, March 08, 2013 2:02 PM

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

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: Re: meeting (UNCLASSIFIED)

Gents. Would it be easier to just meet at mcnair after your state meeting?

Original Message

From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 07, 2013 03:48 PM

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

Cc: 'David Coombs' Morrow, oDean (Joe) CPT USARMY
USAMDW Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir
How about 1430? We are at DOS until 1300 and it will likely take more than

an hour to metro home and then drive down to Belvoir.

v/r
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 9:39 AM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir

Page 1086 of 2169

02408

meeting with the MJ.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600
with Mr. McCarl. As I recall, IEDDO is in the sticks, so I imagine that it
will take us 30-45 minutes to get to McNair in the best driving conditions.

Would 1800 be

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to
meet in person today after 1400? Mr. Prather and Mr. Robertshaw just
confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today
telephonically or 1400 tomorrow either telephonically or in person. (We
would prefer to handle it today given the uncertainty of your schedule
tomorrow.)

Dave won't be participating in this meeting.

v/r

Page 1087 of 2169

02409

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: meeting

Gents,

How do your schedules look today and tomorrow for us to sit down and chat
about possible terms of an We are free today after 1200, and tomorrow
after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

V/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1088 of 2169

02410

From: Fein, Ashden MAJ USARMY MDW (US)

To: Tooman, Joshua ,1 QPT LJSARMY r Th MA ARMY

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

Subject: Re: meeting (UNCLASSIFIED)

Date: Friday, March 08, 2013 9:02:57 AM



Gents. Would it be easier to just meet at mcnair after your state meeting?

Original Message

From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 07, 2013 03:48 PM

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

Cc: 'DaVid Coombs' Morrow, oDean (Joe) CPT USARMY
USAMDW Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir

How about 1430? We are at DOS until 1300 and it will likely take more than
an hour to metro home and then drive down to Belvoir.

V/r
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 9:39 AM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir
meeting with the MJ.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

Today in person would be 1800 or later.

Page 1089 of 2169

02411

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600
with Mr. McCarl. As I recall, IEDDO is in the sticks, so I imagine that it
will take us 30-45 minutes to get to McNair in the best driving conditions.

Would 1800 be

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to
meet in person today after 1400? Mr. Prather and Mr. Robertshaw just
confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today
telephonically or 1400 tomorrow either telephonically or in person. (We
would prefer to handle it today given the uncertainty of your schedule
tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: meeting

Gents,
How do your schedules look today and tomorrow for us to sit down and chat
about possible terms of an We are free today after 1200, and tomorrow

after 1300, assuming the ex parte session doesn't go for more than 2 hours.
Thanks!

Page 1090 of 2169

02412

V/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1091 of2169

02413



From: Fein, Ashden MAJ USARMY MDW (US)
To: Tooman, USARMY rl Th MA ARMY
Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Bcc:
_lU_Sl; USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Whyte, Hunter CPT USARMY (US)
Subject: RE: meeting (UNCLASSIFIED)
Date: Thursday, March 07, 2013 11:26:00 AM



Sounds good. We will see ya'll at 1430, unless COL Lind decides to have a
3.5 hour session.



From: Tooman, Joshua CPT USARMY (US)

Sent: Thursday, March 07, 2013 10:49 AM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir

How about 1430? We are at DOS until 1300 and it will likely take more than
an hour to metro home and then drive down to Belvoir.

V/r
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 9:39 AM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir
meeting with the MJ.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Page 1092 of 2169

02414

Subject: RE: meeting

MAJ Fein

Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600
with Mr. McCarl. As I recall, IEDDO is in the sticks, so I imagine that it
will take us 30-45 minutes to get to McNair in the best driving conditions.

Would 1800 be

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to
meet in person today after 1400? Mr. Prather and Mr. Robertshaw just
confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today
telephonically or 1400 tomorrow either telephonically or in person. (We
would prefer to handle it today given the uncertainty of your schedule
tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: meeting

Gents,

Page 1093 of 2169

02415

How do your schedules look today and tomorrow for us to sit down and chat
about possible terms of an We are free today after 1200, and tomorrow
after 1300, assuming the ex parte session doesn't go for more than 2 hours.
Thanks!

V/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1094 of 2169

02416



From: David Coombs

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

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

Subject: Testimonial Immunity Request

Date: Thursday, March 07, 2013 11:25:57 AM

Attachments: CW2 Balonek"s Testimonial

Ashden,

Please find attached a testimonial immunity request for CW2 Balonek. Let me
know if you have any questions regarding this request.

In regards to the request for SFC Adkins, it is the Defense's position that
he is still subject to the code for purposes of R.C.M. 704. Does the
Government agree?

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 1095 of 2169

02417

From: Tooman, Joshua CPT USARMY (US)

To: in A MA ARMY MDW rl Th FMA ARMY

Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Subject: RE: meeting (UNCLASSIFIED)

Date: Thursday, March 07, 2013 10:48:35 AM



Classification: UNCLASSIFIED
Caveats: NONE

Sir

How about 1430? We are at DOS until 1300 and it will likely take more than
an hour to metro home and then drive down to Belvoir.

V/r
Josh



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 9:39 AM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir
meeting with the MJ.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600
with Mr. McCarl. As I recall, IEDDO is in the sticks, so I imagine that it
will take us 30-45 minutes to get to McNair in the best driVing conditions.

Would 1800 be

V/r
t??l



Page 1096 of 2169

02418

From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to
meet in person today after 1400? Mr. Prather and Mr. Robertshaw just
confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

To: Fein, Ashden MAJ USARMY MDW Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today
telephonically or 1400 tomorrow either telephonically or in person. (We
would prefer to handle it today given the uncertainty of your schedule
tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

To: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)
Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW
Overgaard, Angel CPT USARMY (US)

Subject: meeting

Gents,

How do your schedules look today and tomorrow for us to sit down and chat
about possible terms of an We are free today after 1200, and tomorrow
after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

v/r
MAJ Fein

Classification: UNCLASSIFIED
Caveats: NONE

Page 1097 of 2169

02419



From: Fein, Ashden MAJ USARMY MDW (US)

To: Th MA ARMY Tooman, Joshua ,1 QPT LJSARMY (L15)

Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Subject: RE: meeting

Date: Thursday, March 07, 2013 9:38:00 AM

MAJ Hurley,

How would 1400 tomorrow in Josh's office? We will already be at Belvoir meeting with the MJ.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:34 AM

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

Cc: 'DaVid Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: meeting

MAJ Fein
Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600 with Mr. McCarl. As I recall,
IEDDO is in the sticks, so I imagine that it will take us 30-45 minutes to get to McNair in the best driving
conditions.

Would 1800 be

V/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

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

Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to meet in person today after 1400? Mr.
Prather and Mr. Robertshaw just confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

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

Cc: 'DaVid Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: meeting

MAJ Fein

Page 1098 of 2169

02420

CPT Tooman and I are available to talk about this at 1400 today telephonically or 1400 tomorrow either
telephonically or in person. (We would prefer to handle it today given the uncertainty of your schedule tomorrow.)

Dave won't be participating in this meeting.

V/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

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

Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: meeting

Gents,
How do your schedules look today and tomorrow for us to sit down and chat about possible terms of an We
are free today after 1200, and tomorrow after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

V/r
MAJ Fein

Page 1099 of 2169

02421



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW ngman, Joshua ,1 QPT LJSARMY (L13)

Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Subject: RE: meeting

Date: Thursday, March 07, 2013 9:33:57 AM

MAJ Fein

Today in person would be 1800 or later.

We have an 1130 today with Mr. Motes, a 1500 with Mr. Pearson, and a 1600 with Mr. McCarl. As I recall,
IEDDO is in the sticks, so I imagine that it will take us 30-45 minutes to get to McNair in the best driving
conditions.

Would 1800 be

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 2:23 PM

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

Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: meeting

Thanks. I think in-person would be best, if possible. Are you available to meet in person today after 1400? Mr.
Prather and Mr. Robertshaw just confirmed they are being read-on today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

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

Cc: 'David Coombs'; Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today telephonically or 1400 tomorrow either
telephonically or in person. (We would prefer to handle it today given the uncertainty of your schedule tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

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

Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Page 1100 of2169

02422

Subject: meeting

Gents,

How do your schedules look today and tomorrow for us to sit down and chat about possible terms of an We
are free today after 1200, and tomorrow after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

V/r
MAJ Fein

Page 1101 of2169

02423



From: Fein, Ashden MAJ USARMY MDW (US)
To: rl Th MA ARMY TQQman, lJoshua ,1 (PT USARMY (US)
Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Bcc:
1&1; USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Whyte, Hunter CPT USARMY (US)
Subject: RE: meeting
Date: Thursday, March 07, 2013 9:23:00 AM



Thanks. I think in-person would be best, if possible. Are you available to meet in person today after 1400? Mr.
Prather and Mr. Robertshaw just confirmed they are being read-0n today, so our schedule tomorrow should be
locked in.



From: Hurley, Thomas MAJ USARMY (US)

Sent: Thursday, March 07, 2013 9:04 AM

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

Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: RE: meeting

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today telephonically or 1400 tomorrow either
telephonically or in person. (We would prefer to handle it today given the uncertainty of your schedule tomorrow.)

Dave won't be participating in this meeting.

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

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

Cc: 'David Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: meeting

Gents,
How do your schedules look today and tomorrow for us to sit down and chat about possible terms of an We
are free today after 1200, and tomorrow after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks

v/r
MAJ Fein

Page 1102 of2169

02424



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW ngman, Joshua ,1 QPT LJSARMY (LJS)

Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Subject: RE: meeting

Date: Thursday, March 07, 2013 9:04:01 AM

MAJ Fein

CPT Tooman and I are available to talk about this at 1400 today telephonically or 1400 tomorrow either
telephonically or in person. (We would prefer to handle it today given the uncertainty of your schedule tomorrow.)

Dave won't be participating in this meeting.

V/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Thursday, March 07, 2013 1:17 PM

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

Cc: 'DaVid Coombs'; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY (US)

Subject: meeting

Gents,
How do your schedules look today and tomorrow for us to sit down and chat about possible terms of an We
are free today after 1200, and tomorrow after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

V/r
MAJ Fein

Page 1103 of2169

02425

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

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

Subject: RE: Redacted Statement

Date: Thursday, March 07, 2013 8:20:13 AM



Ashden,
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<>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, March 07, 2013 7:47 AM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY Whyte, Hunter CPT USARMY

Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander

(Alec) CPT USARMY Mitroka, Katherine CPT USARMY Overgaard,

Angel CPT USARMY Tooman, Joshua CPT USARMY
USARMY USAMDW (US)

Subject: RE: Redacted Statement

David,

We conducted a good faith review of the document and did not see any
additional material that should be redacted. We will notify the Court.

v/r
Ashden


From: David Coombs [mailt0:c00mbs armycourtmartialdefense.com]

Page 1104 of2169

02426

Sent: Monday, March 04, 2013 1:04 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY

Whyte, Hunter CPT USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander

(Alec) CPT USARMY Mitroka, Katherine CPT USARMY Overgaard,

Angel CPT USARMY Tooman, Joshua CPT USARMY
USARMY USAMDW (US)

Subject: Redacted Statement

Ashden,

During last week's session, mentioned that there had been
numerous requests to obtain a copy of PFC BM statement. I have attached a
redacted copy of the statement that I intend to publish. I also intend to
redact PFC BM's signature. Please review the proposed redactions, and let
me know if the Government has any objections.

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 1105 of2169

02427





From: Fein, Ashden MAJ USARMY MDW (US)
To: Th MA ARMY ngman, lJoshua ,1 (PT LJSARMY (US)
Cc: "David Coombs"; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY (US)
Bcc:
1&1; USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY
Whyte, Hunter CPT USARMY (US)
Subject: meeting
Date: Thursday, March 07, 2013 8:17:00 AM
Gents,

How do your schedules 100k today and tomorrow for us to sit down and chat about possible terms of an We
are free today after 1200, and tomorrow after 1300, assuming the ex parte session doesn't go for more than 2 hours.

Thanks!

V/r
MAJ Fein

Page 1106 of2169

02428

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David Q?ngbs"
Cc: Hurley, Thomas MAJ USARMY Whyte, Hunter CPT USARMY Morrow, JoDean (Joe) CPT

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





Bcc:
USARMY MDW CIV (US)
Subject: RE: Redacted Statement
Date: Thursday, March 07, 2013 7:46:00 AM
David,

We conducted a good faith review of the document and did not see any additional material that should be redacted.
We will notify the Court.

v/r
Ashden



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

Sent: Monday, March 04, 2013 1:04 PM

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

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

CPT USARMY USARMY USAMDW (US)

Subject: Redacted Statement
Ashden,

During last week's session, mentioned that there had been
numerous requests to obtain a copy of PFC BM statement. I have attached a
redacted copy of the statement that I intend to publish. I also intend to
redact PFC BM's signature. Please review the proposed redactions, and let
me know if the Government has any objections.

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

Page 1107 of2169

02429

or use of this information may be unlawful and is

Page 1108 of2169

02430

From: David E. Coombs
To: in A MA ARMY MDW r Th FMA ARMY ;Wh PT ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY Tooman, Joshua CPT
US USARMY USAMDW (US)

Subject: RE: SFC Adkins - Testimonial Immunity

Date: Wednesday, March 06, 2013 3:30:00 PM



Thank you Ashden.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Wednesday, March 6, 2013 11:50 AM

To: David Coombs; Hurley, Thomas MAJ USARMY Whyte, Hunter CPT

USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander

(Alec) CPT USARMY Mitroka, Katherine CPT USARMY Overgaard,

Angel CPT USARMY Tooman, Joshua CPT USARMY
USARMY USAMDW (US)

Subject: RE: SFC Adkins - Testimonial Immunity

David,

As of today, our search of Army records show that SFC Adkins is retired from
active duty. We were tracking that he was scheduled to deploy, so we are
reaching out to 10MTN to confirm his retirement and determine if they have
contact information for him. More to follow.

v/r
Ashden



From: David Coombs [m il rm i m]

Sent: Monday, March 04, 2013 4:47 PM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY

Whyte, Hunter CPT USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander

(Alec) CPT USARMY Mitroka, Katherine CPT USARMY Overgaard,

Angel CPT USARMY Tooman, Joshua CPT USARMY
USARMY USAMDW (US)

Subject: SFC Adkins - Testimonial Immunity

Ashden,

Please process the following Defense request for testimonial immunity for
SFC Adkins. Let me know if you have any questions.

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 1109 of2169

02431

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 1110 of2169

02432

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David momm"; rl Th MA ARMY Whyte, ,1 Hunter QPT USARMY (US)
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY Tooman Joshua CPT
us ;??c_iusmw USAMDW us



Bcc:
USARMY MDW CIV (US)
Subject: RE: SFC Adkins - Testimonial Immunity
Date: Wednesday, March 06, 2013 11:50:00 AM
David,

As of today, our search of Army records show that SFC Adkins is retired from active duty. We were tracking that
he was scheduled to deploy, so we are reaching out to 10MTN to confirm his retirement and determine if they have
contact information for him. More to follow.

v/r
Ashden



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

Sent: Monday, March 04, 2013 4:47 PM

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

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

CPT USARMY USARMY USAMDW (US)

Subject: SFC Adkins - Testimonial Immunity
Ashden,

Please process the following Defense request for testimonial immunity for
SFC Adkins. Let me know if you have any questions.

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 1111 of2169

02433

From: Fein Ashden MAJ USARMY MDW (US)
To: PT ARMY USARMY USAMDW (US)
Cc: Hurley Thomas MAJ USARMY David Coombs; USARMY
- USARMY Flakes, Kenyana CIV (US)
Bcc:
USARMY MDW CIV Mitroka Katherine CPT



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



Subject: RE: Fort Myer Safe (UNCLASSIFIED)
Date: Wednesday, March 06, 2013 10:18:00 AM
Josh,

will start working on the safe move. Are you asking for another printer,
addition to the one provided with the standalone computers?

(6

MAJ Fein



From: Tooman, Joshua CPT USARMY (US)

Sent: Tuesday, March 05, 2013 11:32 AM

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

Cc: Hurley, Thomas MAJ USARMY David Coombs; USARMY
USARMY Flakes, Kenyana CIV (US)

Subject: Fort Myer Safe (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Chie?

Would it be possible to have the safe at Fort Myer moved to my office at
Fort Belvoir?

Alsowith a classified printer so I can print SECRET
docs?

Thanks,

CPT

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



Classification: UNCLASSIFIED

Caveats: NONE

Page 1112 of2169

02434

Page 1113 of2169

02435

From: Tooman, Joshua CPT USARMY (US)

To: USARMY USAMDW Fain, MDW (us)

Cc: Hurley, Thomas MAJ USARMY David Coombs; USARMY


Subject: Fort Myer Safe (UNCLASSIFIED)

Date: Tuesday, March 05, 2013 11:32:04 AM



Classification: UNCLASSIFIED
Caveats: NONE
Chief

6
Would it be possible to have the safe at Fort Myer moved to my office at Fort Belvoir?
Alsowith a classified printer so I can print SECRET docs?
Thanks,

CPT

Joshua J. Tooman

CPT, A

Trial Defense Counsel
9990 Belvoir Drive
Fort Belvoir, VA 22060



Classification: UNCLASSIFIED

Caveats: NONE

Page 1114 of2169

02436



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW rr PT ARMY AMDW

Cc: Tooman, Joshua CPT USARMY Hall, Cassius CIV (US)
Subject: RE: Security Expert

Date: Tuesday, March 05, 2013 11:04:16 AM

MAJ Fein

Good news! See you there.

v/r
t??l



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Tuesday, March 05, 2013 3:53 PM

To: Hurley, Thomas MAJ USARMY Morrow, oDean (Joe) CPT USARMY USAMDW (US)

Cc: Tooman, Joshua CPT USARMY Hall, Cassius CIV (US)
Subject: RE: Security Expert

MAJ Hurley,

We spoke contacted ODNI and Cass is not required today. They see no issue with Cass not being there because we
will be there as well. The purpose of the security expert is to assist in the proper marking and handling of notes. If
the defense's intent is not to take notes at all or take notes that can be left with us, then there is no issue.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 05, 2013 8:48 AM

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

Cc: Tooman, Joshua CPT USARMY Hall, Cassius CIV (US)
Subject: Security Expert

MAJ Fein or CPT Morrow,

I see nothing in the Protective Order for Classified Information that would require the presence of any defense
security expert (codenamed Cass Hall) this afternoon. Do the United States believe that he must be there?

I envision the schedule for the afternoon to be first our review of the damage assessments in order to highlight those
portions we want to include in the final product to the Court. Then, I imagine that Josh and I would look over the
documents by ourselves in order to identify any witnesses we want to examine with information from the NCIX
Damage Assessment. Then, we leave.

Thanks.

Page 1115 of2169

02437

MAJ Hurley

Page 1116 of2169

02438

From: Fein, Ashden MAJ USARMY MDW (US)

To: Hurley, Thomas FMAJ rr PT ARMY AMDW

Cc: Tooman, Joshua CPT USARMY Hall, Cassius CIV (US)
Bcc:

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





Subject: RE: Security Expert
Date: Tuesday, March 05, 2013 8:55:00 AM
MAJ Hurley,

We are calling ODNI to ensure they do not have an issue with this, as we support not having Cass there because we
will be present. The Security Expert requirement originated from the equity holder, when they granted
authorization to view their classified material. MTF.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Tuesday, March 05, 2013 8:48 AM

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

Cc: Tooman, Joshua CPT USARMY Hall, Cassius CIV (US)
Subject: Security Expert

MAJ Fein or CPT Morrow,

I see nothing in the Protective Order for Classified Information that would require the presence of any defense
security expert (codenamed Cass Hall) this afternoon. Do the United States believe that he must be there?

I envision the schedule for the afternoon to be first our review of the damage assessments in order to highlight those
portions we want to include in the final product to the Court. Then, I imagine that Josh and I would look over the
documents by ourselves in order to identify any witnesses we want to examine with information from the NCIX
Damage Assessment. Then, we leave.

Thanks.

MAJ Hurley

Page 1117 of2169

02439



From: Hurley, Thomas MAJ USARMY (US)

To: Fain, MAJ LJSARMY MDW rr PT ARMY AMDW

Cc: Tooman, Joshua CPT USARMY Hall, Cassius CIV (US)
Subject: Security Expert

Date: Tuesday, March 05, 2013 8:47:52 AM

MAJ Fein or CPT Morrow,

I see nothing in the Protective Order for Classified Information that would require the presence of any defense
security expert (codenamed Cass Hall) this afternoon. Do the United States believe that he must be there?

I envision the schedule for the afternoon to be first our review of the damage assessments in order to highlight those
portions we want to include in the final product to the Court. Then, I imagine that Josh and I would look over the
documents by ourselves in order to identify any witnesses we want to examine with information from the NCIX
Damage Assessment. Then, we leave.

Thanks.

MAJ Hurley

Page 1118 of2169

02440

From: Hurley, Thomas MAJ USARMY (US)
To: in A MA ARMY MDW
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY

Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY
Hall, Cassius CIV (US)



Subject: RE: Defense Access to ONCIX Doc
Date: Tuesday, March 05. 2013 8:30:27 AM
Mr. Murphy

Here's our personal information:

Joshua James Tooman



Thomas Fredrick Hurley



See you this afternoon.

V/r
t??l



From:

Sent: Monday, March 04, 2013 7:48 PM

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

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY
Hall, Cassius CIV (US)

Subject: RE: Defense Access to ONCIX Doc

Attached are directions. We are in LX-2 so don't drive around the back to rather, it is easiest to make a left
after you go through the gate, go down the slight hill and park either in the ramp or the surface lot that is past the
main LX-2 entrance. We are on the second floor on the right. If you get to Dunkin Donuts you have gone too far,
unless you want some coffee before reviewing the document.

If you don't have a badge that will get you in, please send me your clearance information (full name, DOB, SSN,
POBthe system.

If anyone needs to talk to me I'm at?



From: Hurley, Thomas MAJ USARMY

Sent: Monday, March 04, 2013 2:28 PM

To: Patrick Murphy; Fein, Ashden MAJ USARMY MDW (US)

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY
Hall, Cassius CIV (US)

Subject: RE: Defense Access to ONCIX Doc

All

Page 1119 of2169

02441

Do we need to do anything in order to gain access to your building g. send someone our clearance information)?

I have been there before, but could someone send me an address? A phone number would also be helpful in case we
are running late tomorrow afternoon.

Thanks.

MAJ Hurley



From

Sent: Monday, March 04, 2013 4:55 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-5p)?

Page 1120 of2169

02442

MAJ Fein, et al
Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Ashden

Ashden Fein
Major, US Army

Page 1121 of2169

02443

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David momm"; rl Th MA ARMY Whyte, ,1 Hunter QPT USARMY (US)
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY Tooman Joshua CPT
us ;??c_iusmw USAMDW us



Bcc:
USARMY MDW CIV (US)
Subject: RE: SFC Adkins - Testimonial Immunity
Date: Monday, March 04, 2013 5:47:00 PM
David,

We received the document and will start processing. As you know, we have had a difficult time trying to talk with
SFC Adkins, which is probably attributable to his brigade's upcoming deployment.

v/r
Ashden



From: David Coombs [m il rm i m]

Sent: Monday, March 04, 2013 4:47 PM

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

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

Subject: SFC Adkins - Testimonial Immunity

Ashden,

Please process the following Defense request for testimonial immunity for
SFC Adkins. Let me know if you have any questions.

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 1122 of2169

02444





From: David Coombs

To: Fein, Ashden MAJ LJSARMY MDW Th MA ARMY ARMY

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

Subject: SFC Adkins - Testimonial Immunity

Date: Monday, March 04, 2013 4:49:25 PM

Attachments: SFC Adkins Testimonial

Ashden,

Please process the following Defense request for testimonial immunity for
SFC Adkins. Let me know if you have any questions.

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 1123 of2169

02445

From: Hurley, Thomas MAJ USARMY (US)
To: in A MA ARMY MDW
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY

Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY
Hall, Cassius CIV (US)



Subject: RE: Defense Access to ONCIX Doc
Date: Monday, March 04, 2013 2:27:36 PM
All

Do we need to do anything in order to gain access to your building g. send someone our clearance information)?

I have been there before, but could someone send me an address? A phone number would also be helpful in case we
are running late tomorrow afternoon.

Thanks.

MAJ Hurley



From:

Sent: Monday, March 04, 2013 4:55 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden

Page 1124 of2169

02446



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-Sp)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Ashden

Ashden Fein
Major, US Army

Page 1125 of2169

02447

From: Fein, Ashden MAJ USARMY MDW (US)
To: r Th MA ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter
CPT USARMY Tooman, Joshua CPT USARMY
Bee:
USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY (US)
Subject: RE: Defense Access to ONCIX Doc
Date: Monday, March 04, 2013 2:27:00 PM



Thanks. We will see you tomorrow ready to knock out some damage assessments!



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 2:21 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte,
Hunter CPT USARMY Tooman, Joshua CPT USARMY
Subject: RE: Defense Access to ONCIX Doc

MAJ Fein

Take the time you need to mull. No need to involve the SJ A until we can come to some kind of agreement. Our
intent in that regard has not changed. My language below should have been more specific.

See you tomorrow!

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 7:13 PM

To: Hurley, Thomas MAJ USARMY (US)

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley,

Thanks. Joe and I, at a minimum, will be there to discuss the damage assessments. We will bring the other
assessments as well.

If you would like us to bring the charges/specs required by the CA for any OTP, then we will need more time to sit
down with the SJ A to discuss this and brief him. After last week, we thought you wanted to sit down with us and
discuss what we (the TCs) thought could be sold based on both parties coming to the table.

If that is still your intent, we will need more time to figure out the effects on sentencing, if any, and what would
accomplish the SJ A's intent. We can meet later this week to discuss this, if you would like, but we have not had

enough time to even mull this over ourselves since last Thursday night.

v/r
MAJ Fein



Page 1126 of2169

02448

From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 1:33 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte,
Hunter CPT USARMY Tooman, Joshua CPT USARMY
Subject: RE: Defense Access to ONCIX Doc

MAJ Fein

OK. We are certainly going to be at ONCIX tomorrow afternoon. Ideally, any prosecution rep that shows will do
two things: bring with them the other two DAs for our review and highlighting of applicable portions and be
able to identify the charges and specifications required by the CA for any OTP. I certainly understand if this late
notice does not allow for either of those eventualities.

Thanks.

MAJ Hurley



From:

Sent: Monday, March 04, 2013 5:02 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Anybody who doesn't have access needs to send me DOB, SSN, full name and I think that ought to do it.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 11:57 AM

To: Patrick Murphy; Hurley, Thomas MAJ USARMY (US)

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Thank you. How is 1 pm for all parties? We will meet at OGC.
What does the defense need to do in order to gain entry?

v/r
Ashden



From:

Sent: Monday, March 04, 2013 11:55 AM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.

Page 1127 of2169

02449



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1p-5p)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc



Page 1128 of2169

02450

Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
Witnesses, if any, they intend to share the document with, and What portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

V/r

Ashden

Ashden Fein
Major, US Army

Page 1129 of2169

02451



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

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

Subject: RE: Defense Access to ONCIX Doc

Date: Monday, March 04, 2013 2:20:33 PM

MAJ Fein

Take the time you need to mull. No need to involve the SJ A until we can come to some kind of agreement. Our
intent in that regard has not changed. My language below should have been more specific.

See you tomorrow!

v/r
MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 7:13 PM

To: Hurley, Thomas MAJ USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley,

Thanks. Joe and I, at a minimum, will be there to discuss the damage assessments. We will bring the other
assessments as well.

If you would like us to bring the charges/specs required by the CA for any OTP, then we will need more time to sit
down with the SJ A to discuss this and brief him. After last week, we thought you wanted to sit down with us and
discuss what we (the TCs) thought could be sold based on both parties coming to the table.

If that is still your intent, we will need more time to figure out the effects on sentencing, if any, and what would
accomplish the SJ A's intent. We can meet later this week to discuss this, if you would like, but we have not had
enough time to even mull this over ourselves since last Thursday night.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 1:33 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte,
Hunter CPT USARMY Tooman, Joshua CPT USARMY
Subject: RE: Defense Access to ONCIX Doc

MAJ Fein
OK. We are certainly going to be at ONCIX tomorrow afternoon. Ideally, any prosecution rep that shows will do
two things: bring with them the other two DAs for our review and highlighting of applicable portions and be

able to identify the charges and specifications required by the CA for any OTP. I certainly understand if this late
notice does not allow for either of those eventualities.

Page 1130 of2169

02452

Thanks.

MAJ Hurley



From:

Sent: Monday, March 04, 2013 5:02 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Anybody who doesn't have access needs to send me DOB, SSN, full name and I think that ought to do it.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 11:57 AM

To: Patrick Murphy; Hurley, Thomas MAJ USARMY (US)

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Thank you. How is 1 pm for all parties? We will meet at OGC.
What does the defense need to do in order to gain entry?

v/r
Ashden



From:

Sent: Monday, March 04, 2013 11:55 AM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any

Page 1131 of2169

02453

summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-Sp)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Page 1132 of2169

02454

Ashden

Ashden Fein
Major, US Army

Page 1133 of2169

02455



From: Fein, Ashden MAJ USARMY MDW (US)
To: Th MA ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte, Hunter
CPT USARMY Tooman, Joshua CPT USARMY
Bcc:
USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY (US)
Subject: RE: Defense Access to ONCIX Doc
Date: Monday, March 04, 2013 2:13:00 PM
MAJ Hurley,

Thanks. Joe and I, at a minimum, will be there to discuss the damage assessments. We will bring the other
assessments as well.

If you would like us to bring the charges/specs required by the CA for any OTP, then we will need more time to sit
down with the SJ A to discuss this and brief him. After last week, we thought you wanted to sit down with us and
discuss what we (the TCs) thought could be sold based on both parties coming to the table.

If that is still your intent, we will need more time to figure out the effects on sentencing, if any, and what would
accomplish the SJ A's intent. We can meet later this week to discuss this, if you would like, but we have not had
enough time to even mull this over ourselves since last Thursday night.

v/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 1:33 PM

To: Fein, Ashden MAJ USARMY MDW (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY Whyte,
Hunter CPT USARMY Tooman, Joshua CPT USARMY
Subject: RE: Defense Access to ONCIX Doc

MAJ Fein

OK. We are certainly going to be at ONCIX tomorrow afternoon. Ideally, any prosecution rep that shows will do
two things: bring with them the other two DAs for our review and highlighting of applicable portions and be
able to identify the charges and specifications required by the CA for any OTP. I certainly understand if this late
notice does not allow for either of those eventualities.

Thanks.

MAJ Hurley



From:

Sent: Monday, March 04, 2013 5:02 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Anybody who doesn't have access needs to send me DOB, SSN, full name and I think that ought to do it.

Page 1134 of2169

02456



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 11:57 AM

To: Patrick Murphy; Hurley, Thomas MAJ USARMY (US)

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Thank you. How is 1 pm for all parties? We will meet at OGC.
What does the defense need to do in order to gain entry?

v/r
Ashden



From:

Sent: Monday, March 04, 2013 11:55 AM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden


From: Hurley, Thomas MAJ USARMY (US)
Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Page 1135 of2169

02457

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-5p)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Ashden

Ashden Fein
Major, US Army

Page 1136 of2169

02458



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

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

Subject: RE: Defense Access to ONCIX Doc

Date: Monday, March 04, 2013 1:33:27 PM

MAJ Fein

OK. We are certainly going to be at ONCIX tomorrow afternoon. Ideally, any prosecution rep that shows will do
two things: bring with them the other two DAs for our reView and highlighting of applicable portions and be
able to identify the charges and specifications required by the CA for any OTP. I certainly understand if this late
notice does not allow for either of those eventualities.

Thanks.

MAJ Hurley



From:

Sent: Monday, March 04, 2013 5:02 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Anybody who doesn't have access needs to send me DOB, SSN, full name and I think that ought to do it.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 11:57 AM

To: Patrick Murphy; Hurley, Thomas MAJ USARMY (US)

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

Thank you. How is 1 pm for all parties? We will meet at OGC.
What does the defense need to do in order to gain entry?

V/r
Ashden



From:

Sent: Monday, March 04, 2013 11:55 AM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.

Page 1137 of2169

02459



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Cc: ?Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-Sp)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs




Page 1138 of2169

02460

Subject: Defense Access to ONCIX Doc

Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
Witnesses, if any, they intend to share the document with, and What portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

V/r

Ashden

Ashden Fein
Major, US Army

Page 1139 of2169

02461

From: Fein, Ashden MAJ USARMY MDW (US)
To: David r Th FMA ARMY ;Wh PT ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY Tooman Joshua CPT
us ;??c_zusmw USAMDW us



Subject: RE: Redacted Statement
Date: Monday, March 04, 2013 1:28:00 PM
David,

Thank you. We will review and get back to you shortly.

v/r
Ashden



From: David Coombs [m il rm i m]

Sent: Monday, March 04, 2013 1:04 PM

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

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

CPT USARMY USARMY USAMDW (US)

Subject: Redacted Statement
Ashden,

During last week's session, mentioned that there had been
numerous requests to obtain a copy of PFC BM statement. I have attached a
redacted copy of the statement that I intend to publish. I also intend to
redact PFC BM's signature. Please review the proposed redactions, and let
me know if the Government has any objections.

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 1140 of2169

From: David Coombs

To: Fein, Ashden MAJ LJSARMY MDW r Th MA
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Tooman Joshua CPT

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY

us :??c_zusmwusmow us





Subject: Redacted Statement

Date: Monday, March 04, 2013 1:04:39 PM
Attachments: Manning"s Providence
Ashden,

During last week's session, mentioned that there had been
numerous requests to obtain a copy of PFC BM statement. I have attached a
redacted copy of the statement that I intend to publish. I also intend to
redact PFC BM's signature. Please review the proposed redactions, and let
me know if the Government has any objections.

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 1141 of2169

02463

From: Hurley, Thomas MAJ USARMY (US)
To: in A MA ARMY MDW
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY

Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

Subject: RE: Defense Access to ONCIX Doc

Date: Monday, March 04, 2013 11:56:58 AM



Thanks, Mr. Murphy!
We'll see you then.

v/r
MAJ Hurley



From:

Sent: Monday, March 04, 2013 4:55 PM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden


From: Hurley, Thomas MAJ USARMY (US)
Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Page 1142 of2169

02464

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-5p)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Ashden

Ashden Fein
Major, US Army

Page 1143 of2169

02465

From: Fein, Ashden MAJ USARMY MDW (US)
To: Th MA ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY

Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY

Subject: RE: Defense Access to ONCIX Doc

Date: Monday, March 04, 2013 11:56:00 AM



Thank you. How is 1 pm for all parties? We will meet at OGC.
What does the defense need to do in order to gain entry?

v/r
Ashden



From:

Sent: Monday, March 04, 2013 11:55 AM

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

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

coombs armycourtmartialdefense.com

Subject: RE: Defense Access to ONCIX Doc

I have booked our smaller conference room in the OGC space (2B-205 within the 2B-200 Suite) from 1-5 tomorrow
afternoon. I can make 4 copies of the relevant document available.



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Monday, March 04, 2013 8:40 AM

To: Hurley, Thomas MAJ USARMY Patrick Murphy

Cc: Laura Kim; Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden


From: Hurley, Thomas MAJ USARMY (US)
Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Page 1144 of2169

02466

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-5p)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Ashden

Ashden Fein
Major, US Army

Page 1145 of2169

02467

From: David Coombs
To: in A MA ARMY MDW r Th FMA ARMY ;Wh PT ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY Tooman, Joshua CPT
US USARMY USAMDW (US)

Subject: RE: JRCF

Date: Monday, March 04, 2013 11:18:56 AM



Ashden,
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<>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, March 04, 2013 10:59 AM

To: David Coombs; Hurley, Thomas MAJ USARMY Whyte, Hunter CPT

USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander

(Alec) CPT USARMY Mitroka, Katherine CPT USARMY Overgaard,

Angel CPT USARMY Tooman, Joshua CPT USARMY
USARMY USAMDW (US)

Subject: RE: JRCF

FOR OFFICIAL USE ONLY
David,
BM Will ?y back on 8 March 2013.

v/r
Ashden



From: David Coombs [m il rm i m]

Sent: Monday, March 04, 2013 10:50 AM

To: Fein, Ashden MAJ USARMY MDW Hurley, Thomas MAJ USARMY

Page 1146 of2169

02468

Whyte, Hunter CPT USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW von Elten, Alexander

(Alec) CPT USARMY Mitroka, Katherine CPT USARMY Overgaard,

Angel CPT USARMY Tooman, Joshua CPT USARMY
USARMY USAMDW (US)

Subject: JRCF

Ashden,

Can you provide me with a general timeframe for when PFC BM will be sent
back to the 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<>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 1147 of2169

02469

From: Fein, Ashden MAJ USARMY MDW (US)
To: "David momm"; r Th MA ARMY Whyte, ,1 Hunter QPT USARMY (US)
Go: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY Tooman Joshua CPT
us ;??c_tusmw USAMDW us



Bcc:
USARMY MDW CIV (US)
Subject: RE: JRCF
Date: Monday, March 04, 2013 10:58:00 AM
FOR OFFICIAL USE ONLY
David,

BM Will ?y back on 8 March 2013.

v/r
Ashden



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

Sent: Monday, March 04, 2013 10:50 AM

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

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

CPT USARMY USARMY USAMDW (US)

Subject: JRCF
Ashden,

Can you provide me with a general timeframe for when PFC BM will be sent
back to the 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<>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 1148 of2169

02470





From: David Coombs

To: Fein, A?hden LJSARMY MDW Th MA ARMY ARMY

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

Subject: JRCF

Date: Monday, March 04, 2013 10:50:50 AM

Ashden,

Can you provide me with a general timeframe for when PFC BM will be sent
back to the 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<>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 1149 of2169

02471

From: Fein, Ashden MAJ USARMY MDW (US)
To: Th MA ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Bcc:
USARMY
Mitroka, Katherine CPT USARMY von Elten, Alexander (Alec) CPT USARMY (US)
Subject: RE: Defense Access to ONCIX Doc
Date: Monday, March 04, 2013 8:40:00 AM



MAJ Hurley - That could work assuming ODNI is able to offer the space. However we will not be able to tell you
what information equity holders will/will not object to until we take the highlighted portions and distribute them for
processing. Now that the defense has committed to BM not viewing the original document, that processing should
be much quicker. As we discussed last week- by us being there with you, we will be able to understand what
portions are important to the defense and what generalizations, if any, the defense intends to make so that any
summary adequately captures your intent.

Mr. Murphy - is there space for the prosecution and defense to come over tomorrow and review 4 copies of the
assessment, between 1 and 5pm?

Thank you!

v/r
Ashden



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:34 AM

To: Fein, Ashden MAJ USARMY MDW

Cc? Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs
Subject: RE: Defense Access to ONCIX Doc

All

How does sometime tomorrow afternoon sound (1 p-Sp)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Friday, March 01, 2013 2:03 PM

To:

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

Page 1150 of2169

02472

USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua

CPT USARMY David Coombs
Subject: Defense Access to ONCIX Doc

Mr. Murphy,
CCed are the members of the prosecution and defense teams.
Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early

next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
Witnesses, if any, they intend to share the document with, and What portions of the document. Both parties agreed

that the defense must provide us this notice no later than March 8, 2013.
Thank you for your assistance!
v/r

Ashden

Ashden Fein
Major, US Army

Page 1151 of2169

02473



From: Hurley, Thomas MAJ USARMY (US)

To: in A MA ARMY MDW

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT USARMY
Whyte, Hunter CPT USARMY Tooman, Joshua CPT USARMY David Coombs

Subject: RE: Defense Access to ONCIX Doc

Date: Monday, March 04, 2013 8:34:08 AM

All

How does sometime tomorrow afternoon sound (1 p-5p)?

MAJ Fein, et al

Do you want to review all of the damage assessments together? It may save time to review all of the documents
with us highlighting what we want, you all indicating what of our highlighted material the agency doesn't want to

share, and the both of us finding appropriate ways to address those contentious portions.

That seems like the best way to get this done sooner rather than later and minimize the intrusion on our interagency
partners.

Thanks.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, March 01, 2013 2:03 PM

To:
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Overgaard, Angel CPT
USARMY Whyte, Hunter CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua
CPT USARMY David Coombs

Subject: Defense Access to ONCIX Doc




Mr. Murphy,

CCed are the members of the prosecution and defense teams.

Could you please assist with Major Hurley and Captain Tooman obtaining access to the ONCIX document early
next week? We have asked the defense to provide us more specificity in their MRE 505(h) filing as to which
witnesses, if any, they intend to share the document with, and what portions of the document. Both parties agreed
that the defense must provide us this notice no later than March 8, 2013.

Thank you for your assistance!

v/r

Ashden

Ashden Fein
Major, US Army

Page 1152 of2169

02474

From: Fein, Ashden MAJ USARMY MDW (US)
To: r Th MA ARMY Wh PT ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Overgaard, Angel CPT USARMY
Tooman, Joshua CPT USARMY
USARMY USAMDW US



Bcc:
USARMY MDW CIV (US)
Subject: RE: 505(h) Filing
Date: Monday, March 04, 2013 8:33:00 AM
MAJ Hurley,

Good morning. As for the IT assistance-_ can assist. He is responsible for all issues concerning any IT
equipment, software, etc.

V/r
MAJ Fein



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, March 04, 2013 8:28 AM

To: Whyte, Hunter CPT USARMY (US)

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

Subject: RE: 505(h) Filing

CPT Whyte

I hope your hopes are vindicated.

Who is the IT person that helps us outwith our classified machine? I have some questions for them.
Thanks.

MAJ Hurley



From: Whyte, Hunter CPT USARMY (US)

Sent: Friday, March 01, 2013 8:00 PM

To: Hurley, Thomas MAJ USARMY (US)

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

Subject: RE: 505(h) Filing

MAJ Hurley,

During our discussion of MRE 505(h), you referenced some IEDDO slides as part of What you intend to discuss
with Mr. McCarl. I found three slideshow presentations that referenced the issue you raised. Here are the BATES
numbers for those three documents: BATES 00419598-00419614, 00419615-00419626, 00419639-00419646. I
hope this helps you provide more specificity per MRE 505(h).

Have a good weekend, Sir.

Page 1153 of2169

02475

V/r
Hunter



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, February 25, 2013 7:17 AM

To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY
Tooman, Joshua CPT USARMY (US)

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

Subject: RE: 505(h) Filing

All
I am going up to Fort Meade today to meet with Dave and Josh. I can bring the filing by before I leave, while there,
or on my way back. I won't be checking this email again until around 1100, so please call if you need to hear from

me before then.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, February 23, 2013 4:35 AM

To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY
Tooman, Joshua CPT USARMY (US)

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

Subject: Re: 505(h) Filing

MAJ Hurley. Thank you. Let's plan on Monday either digitally or in-person.

Vr
MAJ Fein

Original Message

From: Hurley, Thomas MAJ USARMY (US)

Sent: Saturday, February 23, 2013 04:24 AM

To: Overgaard, Angel CPT USARMY 'DaVid E. Coombs'
Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY (US)

Subject: 505(h) Filing

All

Please let me know if you want me to deliver this classified filing to you over the weekend. You can do so by
calling me at the number below. I apologize for not getting it to you today. You know how these things can be.

Tom Hurley



From: Overgaard, Angel CPT USARMY (US)
Sent: Friday, February 22, 2013 7:31 PM
To: 'DaVid E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Page 1154 of2169

02476

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,
The updated Stip is signed and attached. Thank you.

VR
Angel

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [m il rm i m]

Sent: Friday, February 22, 2013 2:07 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,
This is fine with me.

Best,
David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 1:53 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Just one minor change. The edits changed the meaning of the third sentence, so I changed "was" to "may have
been."

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to

Page 1155 of2169

02477

capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it may have been because either the information leaked did not warrant a rapid adaption response or the
Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by
the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable and I will sign and send. Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



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

Sent: Friday, February 22, 2013 1:29 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think your proposed changes sound fair. However, I think we should tweak the language to be consistent within
the paragraph. Your last sentence says "either" meaning that to his knowledge CALL was not tasked to conduct a
rapid adaption process or a detailed case study. What do you think of the

following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it was because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

If this above look good, then I am fine with signing the statement.

Best,

David

Page 1156 of2169

02478



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 12:55 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

I see your point in distinguishing between the rapid adaption process and the detailed case study. What if we just
eliminate the timing portion? I think that would also eliminate the need to call Mr. - again.

Below, I deleted the timing portions and added the standard language that Mr. - found acceptable not
definitively knowing whether or not CALL was asked to do any work or in fact did perform any work).

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. If CALL was not asked to perform a
rapid adaption process in this case, I do not know the reason. It is possible that if CALL did not perform a rapid
adaption process in this case, it was because either the information leaked did not warrant a rapid adaption response
or the Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues
presented by the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case
study. To my knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable. If so, I will paste it in, sign it, and send it to you. Thank you.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1157 of2169

02479



From: David E. Coombs [m il rm ri


Sent: Friday, February 22, 2013 11:21 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think we are close.

Mr. - did agree that it was possible that "If CALL did not perform a rapid adaption process, it may have been
because the Army immediately addressed the issue of the leaks after they happened." He made this statement in a
response to one of your questions. As such, I think it is fair to add this to the stipulation.

I do have some issues with the other additions as I believe that they give a false impression of what the actual facts
are and what Mr. - would testify to if called as a witness:

1) is just one of the many sources for lessons learned in the Army."

CALL (Center for Army Lessons Learned) is the source for lessons learned in

the Army. Obviously, each unit may also do a lessons learned on their own

if they wish. If that is what you are aiming for, I would not object to including something along the lines that

"although CALL is the source for lessons learned in the Army, each unit or major command has the ability to
capture its own lessons learned."

2) "It takes several months to complete a CALL study." While this may be true, this does not comport with what
Mr. - would testify to about a rapid adaption process. The rapid adaption process is separate from a CALL

Page 1158 of2169

02480

case study. Mr. - would testify that the rapid adaption process does not take several months to complete.
Given the above, I would agree to the following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. I do not know why CALL was not
asked to perform a rapid adaption process in this case. It is possible that CALL did not perform a rapid adaption
process in this case because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If CALL had been requested to complete a rapid adaption process, this could have been completed by CALL
in a matter of days or weeks. If a rapid adaption was not requested, CALL could have also competed a detailed
case study. A detailed case study can take several months to complete. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Let me know what you think about the above. I do not object to another conference call with Mr. - if you
believe one is necessary.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 9:56 AM
To: 'David Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

Page 1159 of2169

02481

We initially reviewed the Stipulation with the View that it was going to be used in support of the defense motion, not
that it was going to potentially be used at trial. Upon a secondary reView with the View that the Stipulation would
potentially being admissible at trial, we added a couple of lines to include what we would potentially elicit on cross
examination if Mr.

was called during the merits or sentencing. I think the additions were discussed during our phone call with

Mr. We will sign the attached Stipulation if it is agreeable to the defense. The additions are tracked.
Please let me know if you have any issues with the additions. Thank you.

VR

Angel

ANGEL M. OVERGAARD
CPT, A
Trial Counsel, MDW

Fort McNair, DC



From: David Coombs [mailto:coombs armycourtmartialdefense.com


Sent: Wednesday, February 13, 2013 10:47 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

Thank you for getting back to me on this in a timely manner. I accepted all of the changes except for the "limited

Page 1160 of2169

02482

purposes of the motion" language. I eliminated this language because the stip of expected testimony is not for the
purposes of the motion. It is my understand that COL Lind has already determined that Mr. - would be
relevant. However, due to his concerns about being associated with the case, she wanted us to see if we could enter
into a stip of expected testimony. If I am wrong about this, you obviously can still object to the relevance of Mr.

In other words, entering into a stip of expected testimony does not admit to the relevance or the
admissibility of the information contained in the stip.

Let me know if you have any issues with this COA.

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: Overgaard, Angel CPT USARMY (US)

Sent: Wednesday, February 13, 2013 9:28 AM

Page 1161 of2169

02483

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

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

DaVid,

I made a couple minor changes, which I think more accurately re?ect what Mr. - would say. In addition, I
added that the Stipulation was for the limited purpose of the defense motion. Please let me know if you have any
issues with the changes. Thank you!

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, February 08, 2013 3:38 PM

To: DaVid Coombs; Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman,
Joshua CPT USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten,
Alexander (Alec) CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony

Page 1162 of2169

02484

David,
Angel is traveling right now. We received the information and she will get back to you. Thank you.

v/r

Ashden



From: David Coombs [mailto:coombs armycourtmartialdefense.com


Sent: Friday, February 08, 2013 3:02 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY
USARMY (US)

Subject: Stip of Expected Testimony
Angel,

I have attached a stipulation of expected testimony based upon our conversation with% - and the latest
version of his declaration.

Althoug - confirmed the facts regarding_ and CPT Tooman's second RFI during our

conversa n, I have attached the relevant email as additional support for your benefit. Let me know if you have
any questions.

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs

11 South Angell Street, #317

Page 1163 of2169

02485

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

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Page 1164 of2169

02486

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1165 of2169

02487

From: Hurley, Thomas MAJ USARMY (US)
To: Wh PT ARMY
Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW von Elten, Alexander (Alec) CPT USARMY

Mitroka, Katherine CPT USARMY Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT
USARMY Tooman, Joshua CPT USARMY (US)



Subject: RE: 505(h) Filing
Date: Monday, March 04, 2013 8:28:01 AM
CPT Whyte

I hope your hopes are vindicated.
Who is the IT person that helps us out with our classified machine? I have some questions for them.
Thanks.

MAJ Hurley



From: Whyte, Hunter CPT USARMY (US)

Sent: Friday, March 01, 2013 8:00 PM

To: Hurley, Thomas MAJ USARMY (US)

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

Subject: RE: 505(h) Filing

MAJ Hurley,

During our discussion of MRE 505(h), you referenced some IEDDO slides as part of what you intend to discuss
with Mr. McCarl. I found three slideshow presentations that referenced the issue you raised. Here are the BATES
numbers for those three documents: BATES 00419598-00419614, 00419615-00419626, 00419639-00419646. I

hope this helps you provide more specificity per MRE 505(h).
Have a good weekend, Sir.

V/r
Hunter



From: Hurley, Thomas MAJ USARMY (US)

Sent: Monday, February 25, 2013 7:17 AM

To: Fein, Ashden MAJ USARMY MDW Overgaard, Angel CPT USARMY
Tooman, Joshua CPT USARMY (US)

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

Subject: RE: 505(h) Filing

All
I am going up to Fort Meade today to meet with Dave and Josh. I can bring the filing by before I leave, while there,
or on my way back. I won't be checking this email again until around 1100, so please call if you need to hear from

me before then.

MAJ Hurley

Page 1166 of2169

02488



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, February 23, 2013 4:35 AM

To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY
Tooman, Joshua CPT USARMY (US)

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

Subject: Re: 505(h) Filing

MAJ Hurley. Thank you. Let's plan on Monday either digitally or in-person.

Vr
MAJ Fein

Original Message

From: Hurley, Thomas MAJ USARMY (US)

Sent: Saturday, February 23, 2013 04:24 AM

To: Overgaard, Angel CPT USARMY 'David E. Coombs'
Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY (US)

Subject: 505(h) Filing

All

Please let me know if you want me to deliver this classified filing to you over the weekend. You can do so by
calling me at the number below. I apologize for not getting it to you today. You know how these things can be.

Tom Hurley



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 7:31 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,
The updated Stip is signed and attached. Thank you.

VR
Angel

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1167 of2169

02489



From: David E. Coombs [mailtozcoombs @armycourtmartialdefense.com]

Sent: Friday, February 22, 2013 2:07 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,
This is fine with me.

Best,
DaVid



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 1:53 PM

To: 'DaVid E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

DaVid,

Just one minor change. The edits changed the meaning of the third sentence, so I changed "was" to "may have
been."

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it may have been because either the information leaked did not warrant a rapid adaption response or the
Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by
the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable and I will sign and send. Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: DaVid E. Coombs [mailtozcoombs @armycourtmartialdefense.com]
Sent: Friday, February 22, 2013 1:29 PM

Page 1168 of2169

02490

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think your proposed changes sound fair. However, I think we should tweak the language to be consistent within
the paragraph. Your last sentence says "either" meaning that to his knowledge CALL was not tasked to conduct a
rapid adaption process or a detailed case study. What do you think of the

following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it was because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

If this above look good, then I am fine with signing the statement.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 12:55 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

Page 1169 of2169

02491

I see your point in distinguishing between the rapid adaption process and the detailed case study. What if we just
eliminate the timing portion? I think that would also eliminate the need to call Mr. - again.

Below, I deleted the timing portions and added the standard language that Mr. - found acceptable not
definitively knowing whether or not CALL was asked to do any work or in fact did perform any work).

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. If CALL was not asked to perform a
rapid adaption process in this case, I do not know the reason. It is possible that if CALL did not perform a rapid
adaption process in this case, it was because either the information leaked did not warrant a rapid adaption response
or the Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues
presented by the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case
study. To my knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable. If so, I will paste it in, sign it, and send it to you. Thank you.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [m il rm ri


Sent: Friday, February 22, 2013 11:21 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Page 1170 of2169

02492

Angel,

I think we are close.

Mr. - did agree that it was possible that "If CALL did not perform a rapid adaption process, it may have been
because the Army immediately addressed the issue of the leaks after they happened." He made this statement in a
response to one of your questions. As such, I think it is fair to add this to the stipulation.

I do have some issues with the other additions as I believe that they give a false impression of what the actual facts
are and what Mr. - would testify to if called as a witness:

1) is just one of the many sources for lessons learned in the Army."
CALL (Center for Army Lessons Learned) is the source for lessons learned in
the Army. Obviously, each unit may also do a lessons learned on their own

if they wish. If that is what you are aiming for, I would not object to including something along the lines that
"although CALL is the source for lessons learned in the Army, each unit or major command has the ability to
capture its own lessons learned."

2) "It takes several months to complete a CALL study." While this may be true, this does not comport with what
Mr. - would testify to about a rapid adaption process. The rapid adaption process is separate from a CALL
case study. Mr. - would testify that the rapid adaption process does not take several months to complete.

Given the above, I would agree to the following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. I do not know why CALL was not
asked to perform a rapid adaption process in this case. It is possible that CALL did not perform a rapid adaption
process in this case because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If CALL had been requested to complete a rapid adaption process, this could have been completed by CALL
in a matter of days or weeks. If a rapid adaption was not requested, CALL could have also competed a detailed
case study. A detailed case study can take several months to complete. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Page 1171 of2169

02493

Let me know what you think about the above. I do not object to another conference call with Mr. - if you
believe one is necessary.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 9:56 AM
To: 'David Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE
David,

We initially reviewed the Stipulation with the view that it was going to be used in support of the defense motion, not
that it was going to potentially be used at trial. Upon a secondary review with the view that the Stipulation would
potentially being admissible at trial, we added a couple of lines to include what we would potentially elicit on cross
examination if Mr.

was called during the merits or sentencing. I think the additions were discussed during our phone call with
Mr. We will sign the attached Stipulation if it is agreeable to the defense. The additions are tracked.
Please let me know if you have any issues with the additions. Thank you.




VR

Angel

Page 1172 of2169

02494

ANGEL M. OVERGAARD
CPT, A
Trial Counsel, MDW

Fort McNair, DC



From: David Coombs [m il rm ri


Sent: Wednesday, February 13, 2013 10:47 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

Thank you for getting back to me on this in a timely manner. I accepted all of the changes except for the "limited
purposes of the motion" language. I eliminated this language because the stip of expected testimony is not for the
purposes of the motion. It is my understand that COL Lind has already determined that Mr. - would be
relevant. However, due to his concerns about being associated with the case, she wanted us to see if we could enter
into a stip of expected testimony. If I am wrong about this, you obviously can still object to the relevance of Mr.

In other words, entering into a stip of expected testimony does not admit to the relevance or the
admissibility of the information contained in the stip.

Let me know if you have any issues with this COA.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

Page 1173 of2169

02495

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: Overgaard, Angel CPT USARMY (US)

Sent: Wednesday, February 13, 2013 9:28 AM
To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

Page 1174 of2169

02496

I made a couple minor changes, which I think more accurately re?ect what Mr. - would say. In addition, I
added that the Stipulation was for the limited purpose of the defense motion. Please let me know if you have any
issues with the changes. Thank you!

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, February 08, 2013 3:38 PM

To: David Coombs; Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman,
Joshua CPT USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten,
Alexander (Alec) CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony

David,

Angel is traveling right now. We received the information and she will get back to you. Thank you.

v/r

Ashden



From: David Coombs [mailto:coombs armycourtmartialdefense.com


Page 1175 of2169

02497

Sent: Friday, February 08, 2013 3:02 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY
USARMY (US)

Subject: Stip of Expected Testimony
Angel,

I have attached a stipulation of expected testimony based upon our conversation with!. - and the latest
version of his declaration.
(6)

Although! . - confirmed the facts regarding_ and CPT Tooman's second RFI during our
0

conversa n, I have attached the relevant email as additional support for your benefit. Let me know if you have
any quest?i?hs.

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

Page 1176 of2169

02498

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

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1177 of2169

02499



From: Hurley, Thomas MAJ USARMY (USARMY
Tooman, (Joshua ,1 QPT USARMY (LJS)

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

Subject: RE: 505(h) Filing

Date: Monday, February 25, 2013 7:16:59 AM

All

I am going up to Fort Meade today to meet with Dave and Josh. I can bring the filing by before I leave, while there,
or on my way back. I won't be checking this email again until around 1100, so please call if you need to hear from
me before then.

MAJ Hurley



From: Fein, Ashden MAJ USARMY MDW (US)

Sent: Saturday, February 23, 2013 4:35 AM

To: Hurley, Thomas MAJ USARMY Overgaard, Angel CPT USARMY
Tooman, Joshua CPT USARMY (US)

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

Subject: Re: 505(h) Filing

MAJ Hurley. Thank you. Let's plan on Monday either digitally or in-person.

Vr
MAJ Fein

Original Message

From: Hurley, Thomas MAJ USARMY (US)

Sent: Saturday, February 23, 2013 04:24 AM

To: Overgaard, Angel CPT USARMY 'DaVid E. Coombs'
Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY (US)

Subject: 505(h) Filing

All

Please let me know if you want me to deliver this classified filing to you over the weekend. You can do so by
calling me at the number below. I apologize for not getting it to you today. You know how these things can be.

Tom Hurley



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 7:31 PM

To: 'DaVid E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine

CPT USARMY USARMY (US)

Page 1178 of2169

02500

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,
The updated Stip is signed and attached. Thank you.

VR
Angel

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [m il rm i m]

Sent: Friday, February 22, 2013 2:07 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,
This is fine with me.

Best,
David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 1:53 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Just one minor change. The edits changed the meaning of the third sentence, so I changed "was" to "may have
been."

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it may have been because either the information leaked did not warrant a rapid adaption response or the

Page 1179 of2169

02501

Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by
the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable and I will sign and send. Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [mailtozcoombs @armycourtmartialdefense.com]

Sent: Friday, February 22, 2013 1:29 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think your proposed changes sound fair. However, I think we should tweak the language to be consistent within
the paragraph. Your last sentence says "either" meaning that to his knowledge CALL was not tasked to conduct a
rapid adaption process or a detailed case study. What do you think of the
following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it was because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

If this above look good, then I am fine with signing the statement.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Page 1180 of2169

02502

Sent: Friday, February 22, 2013 12:55 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

I see your point in distinguishing between the rapid adaption process and the detailed case study. What if we just
eliminate the timing portion? I think that would also eliminate the need to call Mr. - again.

Below, I deleted the timing portions and added the standard language that Mr. - found acceptable not
definitively knowing whether or not CALL was asked to do any work or in fact did perform any work).

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. If CALL was not asked to perform a
rapid adaption process in this case, I do not know the reason. It is possible that if CALL did not perform a rapid
adaption process in this case, it was because either the information leaked did not warrant a rapid adaption response
or the Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues
presented by the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case
study. To my knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable. If so, I will paste it in, sign it, and send it to you. Thank you.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1181 of2169

02503



From: David E. Coombs [m il rm ri



Sent: Friday, February 22, 2013 11:21 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think we are close.

Mr. - did agree that it was possible that "If CALL did not perform a rapid adaption process, it may have been
because the Army immediately addressed the issue of the leaks after they happened." He made this statement in a
response to one of your questions. As such, I think it is fair to add this to the stipulation.

I do have some issues with the other additions as I believe that they give a false impression of what the actual facts
are and what Mr. - would testify to if called as a witness:

1) is just one of the many sources for lessons learned in the Army."

CALL (Center for Army Lessons Learned) is the source for lessons learned in

the Army. Obviously, each unit may also do a lessons learned on their own

if they wish. If that is what you are aiming for, I would not object to including something along the lines that

"although CALL is the source for lessons learned in the Army, each unit or major command has the ability to
capture its own lessons learned."

2) "It takes several months to complete a CALL study." While this may be true, this does not comport with what
Mr. - would testify to about a rapid adaption process. The rapid adaption process is separate from a CALL
case study. Mr. - would testify that the rapid adaption process does not take several months to complete.

Page 1182 of2169

02504

Given the above, I would agree to the following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. I do not know why CALL was not
asked to perform a rapid adaption process in this case. It is possible that CALL did not perform a rapid adaption
process in this case because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If CALL had been requested to complete a rapid adaption process, this could have been completed by CALL
in a matter of days or weeks. If a rapid adaption was not requested, CALL could have also competed a detailed
case study. A detailed case study can take several months to complete. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Let me know what you think about the above. I do not object to another conference call with Mr. - if you
believe one is necessary.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 9:56 AM
To: 'David Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

Page 1183 of2169

02505

We initially reviewed the Stipulation with the view that it was going to be used in support of the defense motion, not
that it was going to potentially be used at trial. Upon a secondary review with the view that the Stipulation would
potentially being admissible at trial, we added a couple of lines to include what we would potentially elicit on cross
examination if Mr.

was called during the merits or sentencing. I think the additions were discussed during our phone call with

Mr. We will sign the attached Stipulation if it is agreeable to the defense. The additions are tracked.
Please let me know if you have any issues with the additions. Thank you.

VR

Angel

ANGEL M. OVERGAARD
CPT, A
Trial Counsel, MDW

Fort McNair, DC



From: David Coombs [mailto:coombs armycourtmartialdefense.com


Sent: Wednesday, February 13, 2013 10:47 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

Thank you for getting back to me on this in a timely manner. I accepted all of the changes except for the "limited
purposes of the motion" language. I eliminated this language because the stip of expected testimony is not for the
purposes of the motion. It is my understand that COL Lind has already determined that Mr. - would be
relevant. However, due to his concerns about being associated with the case, she wanted us to see if we could enter

Page 1184 of2169

02506

into a stip of expected testimony. If I am wrong about this, you obviously can still object to the relevance of Mr.
In other words, entering into a stip of expected testimony does not admit to the relevance or the
admissibility of the information contained in the stip.

Let me know if you have any issues with this COA.

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: Overgaard, Angel CPT USARMY (US)

Sent: Wednesday, February 13, 2013 9:28 AM
To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,

Page 1185 of2169

02507

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

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

I made a couple minor changes, which I think more accurately re?ect what Mr. - would say. In addition, I
added that the Stipulation was for the limited purpose of the defense motion. Please let me know if you have any
issues with the changes. Thank you!

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, February 08, 2013 3:38 PM

To: David Coombs; Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman,
Joshua CPT USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten,
Alexander (Alec) CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony

David,

Page 1186 of2169

02508

Angel is traveling right now. We received the information and she will get back to you. Thank you.

v/r

Ashden



From: David Coombs [mailto:coombs armycourtmartialdefense.com


Sent: Friday, February 08, 2013 3:02 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY
USARMY (US)

Subject: Stip of Expected Testimony
Angel,

I have attached a stipulation of expected testimony based upon our conversation with% - and the latest
version of his declaration.

Althougha - confirmed the facts regarding_ and CPT Tooman's second RFI during our
conversa I have attached the relevant email as additional support for your benefit. Let me know if you have

any questions.

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317

Providence, RI 02906

Page 1187 of2169

02509

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

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1188 of2169

02510

Classification: UNCLASSIFIED
Caveats: NONE

Page 1189 of2169

02511

From: Fein, Ashden MAJ USARMY MDW (US)

To: Th FMA ARMY An IM PT ARMY
Tooman, (Joshua ,1 QPT USARMY (US)

Cc: Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander

(Alec) CPT USARMY MitrokaI Katherine CPT USARMY (US)



Bcc:
CPT USARMY (US)
Subject: Re: 505(h) Flling
Date: Friday, February 22, 2013 11:35:47 PM



MAJ Hurley. Thank you. Let's plan on Monday either digitally or in-person.

Vr
MAJ Fein

Original Message

From: Hurley, Thomas MAJ USARMY (US)

Sent: Saturday, February 23, 2013 04:24 AM

To: Overgaard, Angel CPT USARMY 'David E. Coombs'
Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY (US)

Subject: 505(h) Filing

All

Please let me know if you want me to deliver this classified filing to you over the weekend. You can do so by
calling me at the number below. I apologize for not getting it to you today. You know how these things can be.

Tom Hurley



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 7:31 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,
The updated Stip is signed and attached. Thank you.

VR
Angel

ANGEL M. OVERGAARD
CPT, A

Page 1190 of2169

02512

Trial Counsel, MDW
Fort McNair, DC



From: David E. Coombs [mailtozcoombs @armycourtmartialdefense.com]

Sent: Friday, February 22, 2013 2:07 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,
This is fine with me.

Best,
DaVid



From: Overgaard, Angel CPT USARMY

Sent: Friday, February 22, 2013 1:53 PM

To: 'DaVid E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

DaVid,

Just one minor change. The edits changed the meaning of the third sentence, so I changed "was" to "may have
been."

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it may have been because either the information leaked did not warrant a rapid adaption response or the
Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by
the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable and I will sign and send. Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1191 of2169

02513



From: David E. Coombs [m il rm i m]

Sent: Friday, February 22, 2013 1:29 PM
To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think your proposed changes sound fair. However, I think we should tweak the language to be consistent within
the paragraph. Your last sentence says "either" meaning that to his knowledge CALL was not tasked to conduct a
rapid adaption process or a detailed case study. What do you think of the

following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it was because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

If this above look good, then I am fine with signing the statement.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 12:55 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

Page 1192 of2169

02514

David,

I see your point in distinguishing between the rapid adaption process and the detailed case study. What if we just
eliminate the timing portion? I think that would also eliminate the need to call Mr. - again.

Below, I deleted the timing portions and added the standard language that Mr. - found acceptable not
definitively knowing whether or not CALL was asked to do any work or in fact did perform any work).

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. If CALL was not asked to perform a
rapid adaption process in this case, I do not know the reason. It is possible that if CALL did not perform a rapid
adaption process in this case, it was because either the information leaked did not warrant a rapid adaption response
or the Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues
presented by the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case
study. To my knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable. If so, I will paste it in, sign it, and send it to you. Thank you.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [m il rm ri


Sent: Friday, February 22, 2013 11:21 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

Page 1193 of2169

02515

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think we are close.

Mr. - did agree that it was possible that "If CALL did not perform a rapid adaption process, it may have been
because the Army immediately addressed the issue of the leaks after they happened." He made this statement in a
response to one of your questions. As such, I think it is fair to add this to the stipulation.

I do have some issues with the other additions as I believe that they give a false impression of what the actual facts
are and what Mr. - would testify to if called as a witness:

1) is just one of the many sources for lessons learned in the Army."
CALL (Center for Army Lessons Learned) is the source for lessons learned in
the Army. Obviously, each unit may also do a lessons learned on their own

if they wish. If that is what you are aiming for, I would not object to including something along the lines that
"although CALL is the source for lessons learned in the Army, each unit or major command has the ability to
capture its own lessons learned."

2) "It takes several months to complete a CALL study." While this may be true, this does not comport with what
Mr. - would testify to about a rapid adaption process. The rapid adaption process is separate from a CALL
case study. Mr. - would testify that the rapid adaption process does not take several months to complete.

Given the above, I would agree to the following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. I do not know why CALL was not
asked to perform a rapid adaption process in this case. It is possible that CALL did not perform a rapid adaption
process in this case because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If CALL had been requested to complete a rapid adaption process, this could have been completed by CALL
in a matter of days or weeks. If a rapid adaption was not requested, CALL could have also competed a detailed
case study. A detailed case study can take several months to complete. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Page 1194 of2169

02516

Let me know what you think about the above. I do not object to another conference call with Mr. - if you
believe one is necessary.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 9:56 AM
To: 'David Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE
David,

We initially reviewed the Stipulation with the view that it was going to be used in support of the defense motion, not
that it was going to potentially be used at trial. Upon a secondary review with the view that the Stipulation would
potentially being admissible at trial, we added a couple of lines to include what we would potentially elicit on cross
examination if Mr.

was called during the merits or sentencing. I think the additions were discussed during our phone call with

Mr. We will sign the attached Stipulation if it is agreeable to the defense. The additions are tracked.
Please let me know if you have any issues with the additions. Thank you.

VR

Angel

Page 1195 of2169

02517

ANGEL M. OVERGAARD
CPT, A
Trial Counsel, MDW

Fort McNair, DC



From: David Coombs [m il rm ri


Sent: Wednesday, February 13, 2013 10:47 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

Thank you for getting back to me on this in a timely manner. I accepted all of the changes except for the "limited
purposes of the motion" language. I eliminated this language because the stip of expected testimony is not for the
purposes of the motion. It is my understand that COL Lind has already determined that Mr. - would be
relevant. However, due to his concerns about being associated with the case, she wanted us to see if we could enter
into a stip of expected testimony. If I am wrong about this, you obviously can still object to the relevance of Mr.

In other words, entering into a stip of expected testimony does not admit to the relevance or the
admissibility of the information contained in the stip.

Let me know if you have any issues with this COA.

Best,

David

Page 1196 of2169

02518

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: Overgaard, Angel CPT USARMY (US)

Sent: Wednesday, February 13, 2013 9:28 AM
To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

Page 1197 of2169

02519

I made a couple minor changes, which I think more accurately re?ect what Mr. - would say. In addition, I
added that the Stipulation was for the limited purpose of the defense motion. Please let me know if you have any
issues with the changes. Thank you!

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, February 08, 2013 3:38 PM

To: David Coombs; Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman,
Joshua CPT USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten,
Alexander (Alec) CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony

David,

Angel is traveling right now. We received the information and she will get back to you. Thank you.

v/r

Ashden



Page 1198 of2169

02520

From: David Coombs [mailto:coombs armycourtmartialdefense.com


Sent: Friday, February 08, 2013 3:02 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY
USARMY (US)

Subject: Stip of Expected Testimony
Angel,

I have attached a stipulation of expected testimony based upon our conversation with& - and the latest
version of his declaration.

Although! . - confirmed the facts regarding_ and CPT Tooman's second RFI during our
conversa on, I have attached the relevant email as additional support for your benefit. Let me know if you have

any quest?i?hs.

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 1199 of2169

02521

>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

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1200 of 2169

02522

From: Hurley, Thomas MAJ USARMY (US)
To: An I PT ARMY "David E. Tooman, Joshua QPT USARMY (LJS)
Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter

CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY (US)
Subject: 505(h) Filing
Date: Friday, February 22, 2013 11:24:17 PM



All

Please let me know if you want me to deliver this classified filing to you over the weekend. You can do so by
calling me at the number below. I apologize for not getting it to you today. You know how these things can be.

Tom Hurley



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 7:31 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW
Whyte, Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine
CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,
The updated Stip is signed and attached. Thank you.

VR
Angel

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [m il rm i m]

Sent: Friday, February 22, 2013 2:07 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,
This is fine with me.

Best,

Page 1201 of2169

02523

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 1:53 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Just one minor change. The edits changed the meaning of the third sentence, so I changed "was" to "may have
been."

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it may have been because either the information leaked did not warrant a rapid adaption response or the
Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by
the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable and I will sign and send. Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [m il rm i m]

Sent: Friday, February 22, 2013 1:29 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think your proposed changes sound fair. However, I think we should tweak the language to be consistent within
the paragraph. Your last sentence says "either" meaning that to his knowledge CALL was not tasked to conduct a
rapid adaption process or a detailed case study. What do you think of the

following:

Page 1202 of 2169

02524

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. To my knowledge, CALL was not
asked to perform a rapid adaption process in this case. If CALL was not asked to perform a rapid adaption process
in this case, it was because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

If this above look good, then I am fine with signing the statement.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 12:55 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT
USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

I see your point in distinguishing between the rapid adaption process and the detailed case study. What if we just
eliminate the timing portion? I think that would also eliminate the need to call Mr. - again.

Below, I deleted the timing portions and added the standard language that Mr. - found acceptable not
definitively knowing whether or not CALL was asked to do any work or in fact did perform any work).

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. If CALL was not asked to perform a
rapid adaption process in this case, I do not know the reason. It is possible that if CALL did not perform a rapid
adaption process in this case, it was because either the information leaked did not warrant a rapid adaption response
or the Army eliminated the need for a rapid adaption process by taking immediate steps to address any issues

Page 1203 of 2169

02525

presented by the leaks. If a rapid adaption was not requested, CALL could have also completed a detailed case
study. To my knowledge, CALL was not asked to complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable. If so, I will paste it in, sign it, and send it to you. Thank you.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC



From: David E. Coombs [mailto:coombs @armycourtmartialdefense.com


Sent: Friday, February 22, 2013 11:21 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think we are close.

Mr. - did agree that it was possible that "If CALL did not perform a rapid adaption process, it may have been
because the Army immediately addressed the issue of the leaks after they happened." He made this statement in a
response to one of your questions. As such, I think it is fair to add this to the stipulation.

Page 1204 of 2169

02526

I do have some issues with the other additions as I believe that they give a false impression of what the actual facts
are and what Mr. - would testify to if called as a witness:

1) is just one of the many sources for lessons learned in the Army."
CALL (Center for Army Lessons Learned) is the source for lessons learned in
the Army. Obviously, each unit may also do a lessons learned on their own

if they wish. If that is what you are aiming for, I would not object to including something along the lines that
"although CALL is the source for lessons learned in the Army, each unit or major command has the ability to
capture its own lessons learned."

2) "It takes several months to complete a CALL study." While this may be true, this does not comport with what
Mr. - would testify to about a rapid adaption process. The rapid adaption process is separate from a CALL
case study. Mr. - would testify that the rapid adaption process does not take several months to complete.

Given the above, I would agree to the following:

8. Although CALL is the center for the Army's lessons learned, each unit or major command has the ability to
capture its own lessons learned without sharing that information with CALL. I do not know why CALL was not
asked to perform a rapid adaption process in this case. It is possible that CALL did not perform a rapid adaption
process in this case because either the information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps to address any issues presented by the
leaks. If CALL had been requested to complete a rapid adaption process, this could have been completed by CALL
in a matter of days or weeks. If a rapid adaption was not requested, CALL could have also competed a detailed
case study. A detailed case study can take several months to complete. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Let me know what you think about the above. I do not object to another conference call with Mr. - if you
believe one is necessary.

Best,

David



From: Overgaard, Angel CPT USARMY (US)

Page 1205 of 2169

02527

Sent: Friday, February 22, 2013 9:56 AM
To: 'David Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

We initially reviewed the Stipulation with the view that it was going to be used in support of the defense motion, not
that it was going to potentially be used at trial. Upon a secondary review with the view that the Stipulation would
potentially being admissible at trial, we added a couple of lines to include what we would potentially elicit on cross
examination if Mr.

was called during the merits or sentencing. I think the additions were discussed during our phone call with

Mr. We will sign the attached Stipulation if it is agreeable to the defense. The additions are tracked.
Please let me know if you have any issues with the additions. Thank you.

VR

Angel

ANGEL M. OVERGAARD
CPT, A
Trial Counsel, MDW

Fort McNair, DC


From: David Coombs [mailtozcoombs armycourtmartialdefense.com

Page 1206 of 2169

02528



Sent: Wednesday, February 13, 2013 10:47 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, oDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

Thank you for getting back to me on this in a timely manner. I accepted all of the changes except for the "limited
purposes of the motion" language. I eliminated this language because the stip of expected testimony is not for the
purposes of the motion. It is my understand that COL Lind has already determined that Mr. - would be
relevant. However, due to his concerns about being associated with the case, she wanted us to see if we could enter
into a stip of expected testimony. If I am wrong about this, you obviously can still object to the relevance of Mr.

In other words, entering into a stip of expected testimony does not admit to the relevance or the
admissibility of the information contained in the stip.

Let me know if you have any issues with this COA.

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 1207 of 2169

02529

Notice: This transmission, including attachments, may contain 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: Wednesday, February 13, 2013 9:28 AM
To: David Coombs; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT

USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE
DaVid,

I made a couple minor changes, which I think more accurately re?ect what Mr. - would say. In addition, I
added that the Stipulation was for the limited purpose of the defense motion. Please let me know if you have any
issues with the changes. Thank you!

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1208 of 2169

02530


From: Fein, Ashden MAJ USARMY MDW (US)
Sent: Friday, February 08, 2013 3:38 PM

To: David Coombs; Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman,
Joshua CPT USARMY (US)

Cc: Morrow, oDean (Joe) CPT USARMY USAMDW Whyte, Hunter CPT USARMY von Elten,
Alexander (Alec) CPT USARMY USARMY (US)

Subject: RE: Stip of Expected Testimony

David,

Angel is traveling right now. We received the information and she will get back to you. Thank you.

v/r

Ashden



From: David Coombs [m il rm ri


Sent: Friday, February 08, 2013 3:02 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte,
Hunter CPT USARMY von Elten, Alexander (Alec) CPT USARMY
USARMY (US)

Subject: Stip of Expected Testimony

Angel,

Page 1209 of 2169

02531

I have attached a stipulation of expected testimony based upon our conversation with? - and the latest
version of his declaration. 6

Although'H - confirmed the facts regarding_ and CPT Tooman's second RFI during our
6

conversa I have attached the relevant email as additional support for your benefit. Let me know if you have
any questions.

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

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED

Page 1210 of2169

02532

Caveats: NONE

Classification: UNCLASSIFIED

Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Classification: UNCLASSIFIED
Caveats: NONE

Page 1211 of2169

02533



From: David E. Coombs

To: An I PT ARMY Hurley, Thomas MAJ USARMY Tooman, (Joshua ,1 QPT USARMY


Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY USAMDW Whyte, Hunter
CPT USARMY von Elten, Alexander (Alec) CPT USARMY Mitroka, Katherine CPT USARMY

USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Date: Friday, February 22, 2013 2:07:37 PM

Angel,

This is fine with me.

Best,
David


From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 1:53 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua

CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec)
CPT USARMY Mitroka, Katherine CPT USARMY
USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Just one minor change. The edits changed the meaning of the third sentence,
so I changed "was" to "may have been."

8. Although CALL is the center for the Army's lessons learned, each unit or
major command has the ability to capture its own lessons learned without
sharing that information with CALL. To my knowledge, CALL was not asked to
perform a rapid adaption process in this case. If CALL was not asked to
perform a rapid adaption process in this case, it may have been because
either the information leaked did not warrant a rapid adaption response or

the Army eliminated the need for a rapid adaption process by taking
immediate steps to address any issues presented by the leaks. If a rapid
adaption was not requested, CALL could have also completed a detailed case
study. To my knowledge, CALL was not asked to complete a detailed case
study on the leaks in this case either.

Please let me know if this is acceptable and I will sign and send. Thanks.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1212 of2169

02534



From: David E. Coombs [m il rm i m]

Sent: Friday, February 22, 2013 1:29 PM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY
Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec)
CPT USARMY Mitroka, Katherine CPT USARMY
USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think your proposed changes sound fair. However, I think we should tweak
the language to be consistent within the paragraph. Your last sentence says
"either" meaning that to his knowledge CALL was not tasked to conduct a
rapid adaption process or a detailed case study. What do you think of the
following:

8. Although CALL is the center for the Army's lessons learned, each unit or
major command has the ability to capture its own lessons learned without
sharing that information with CALL. To my knowledge, CALL was not asked to
perform a rapid adaption process in this case. If CALL was not asked to
perform a rapid adaption process in this case, it was because either the
information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps

to address any issues presented by the leaks. If a rapid adaption was not
requested, CALL could have also completed a detailed case study. To my
knowledge, CALL was not asked to complete a detailed case study on the leaks
in this case either.

If this above look good, then I am fine with signing the statement.

Best,

David


From: Overgaard, Angel CPT USARMY (US)

Sent: Friday, February 22, 2013 12:55 PM

To: 'David E. Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua

CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec)

Page 1213of2169

02535

CPT USARMY Mitroka, Katherine CPT USARMY
USARMY (US)
Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

I see your point in distinguishing between the rapid adaption process and
the detailed case study. What if we just eliminate the timing portion? I
think that would also eliminate the need to call Mr. - again.

Below, I deleted the timing portions and added the standard language that
Mr. - found acceptable not definitively knowing whether or not
CALL was asked to do any work or in fact did perform any work).

8. Although CALL is the center for the Army's lessons learned, each unit or
major command has the ability to capture its own lessons learned without
sharing that information with CALL. If CALL was not asked to perform a
rapid adaption process in this case, I do not know the reason. It is

possible that if CALL did not perform a rapid adaption process in this case,
it was because either the information leaked did not warrant a rapid
adaption response or the Army eliminated the need for a rapid adaption
process by taking immediate steps to address any issues presented by the
leaks. If a rapid adaption was not requested, CALL could have also
completed a detailed case study. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Please let me know if this is acceptable. If so, I will paste it in, sign
it, and send it to you. Thank you.

VR

ANGEL M. OVERGAARD
CPT, A

Trial Counsel, MDW

Fort McNair, DC

Page 1214 of2169

02536



From: David E. Coombs [mailto:coombs @armycourtmartialdefense.com


Sent: Friday, February 22, 2013 11:21 AM

To: Overgaard, Angel CPT USARMY Hurley, Thomas MAJ USARMY
Tooman, Joshua CPT USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY
USAMDW Whyte, Hunter CPT USARMY von Elten, Alexander (Alec)

CPT USARMY Mitroka, Katherine CPT USARMY
USARMY (US)

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Angel,

I think we are close.

Mr. - did agree that it was possible that "If CALL did not perform a
rapid adaption process, it may have been because the Army immediately
addressed the issue of the leaks after they happened." He made this
statement in a response to one of your questions. As such, I think it is

fair to add this to the stipulation.

I do have some issues with the other additions as I believe that they give a
false impression of what the actual facts are and what Mr. - would
testify to if called as a witness:

1) is just one of the many sources for lessons learned in the Army."
CALL (Center for Army Lessons Learned) is the source for lessons learned in
the Army. Obviously, each unit may also do a lessons learned on their own
if they wish. If that is what you are aiming for, I would not object to
including something along the lines that "although CALL is the source for

lessons learned in the Army, each unit or major command has the ability to
capture its own lessons learned."

Page 1215 of2169

2) "It takes several months to complete a CALL study." While this may be
true, this does not comport with what Mr. - would testify to about a
rapid adaption process. The rapid adaption process is separate from a CALL
case study. Mr. - would testify that the rapid adaption process does
not take several months to complete.

Given the above, I would agree to the following:

8. Although CALL is the center for the Army's lessons learned, each unit or
major command has the ability to capture its own lessons learned without
sharing that information with CALL. I do not know why CALL was not asked to
perform a rapid adaption process in this case. It is possible that CALL did

not perform a rapid adaption process in this case because either the

information leaked did not warrant a rapid adaption response or the Army
eliminated the need for a rapid adaption process by taking immediate steps

to address any issues presented by the leaks. If CALL had been requested to
complete a rapid adaption process, this could have been completed by CALL in
a matter of days or weeks. If a rapid adaption was not requested, CALL

could have also competed a detailed case study. A detailed case study can

take several months to complete. To my knowledge, CALL was not asked to
complete a detailed case study on the leaks in this case either.

Let me know what you think about the above. I do not object to another
conference call with Mr. - if you believe one is necessary.

Best,

David



From: Overgaard, Angel CPT USARMY (US)



Sent: Friday, February 22, 2013 9:56 AM

To: 'David Coombs'; Hurley, Thomas MAJ USARMY Tooman, Joshua CPT
USARMY (US)

Cc: Fein, Ashden MAJ USARMY MDW Morrow, JoDean (Joe) CPT USARMY

Page 1216 of2169

02537

02538

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

Subject: RE: Stip of Expected Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

We initially reviewed the Stipulation with the view that it was going to be
used in support of the defense motion, not that it was going to potentially
be used at trial. Upon a secondary review with the view that the Stipulation
would potentially being admissible at trial, we added a couple of lines to
include what we would potentially elicit on cross examination if Mr.

was called during the merits or sentencing. I think the additions
were discussed during our phone call with Mr. - We will sign the
attached Stipulation if it is agreeable to the defense. The additions are
tracked. Please let me know if you have any issues with the additions. Thank
you.

VR

Angel

ANGEL M. OVERGAARD
CPT, A
Trial Counsel, MDW

Fort McNair, DC



From: David Coombs [mailto:coombs armycourtmartialdefense.com


Page 1217 of2169

02539



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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