Title: Volume FOIA 086

Release Date: 2014-03-20

Text: 27686

Volume 86 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 FCDIJC Ml/er: VA 22211
(Unit/Command Name) (Branch of Service) (Station or Snip)
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-9

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 ?verbatirri or ?surrimari'zeo? as appropriate. This form be used by the Army and Navy for verbatim records of triai

2 See inside back co ver for instructions as to preparation and arrangement.

DD FORM 490, MAY 2000 PREWOUS OBSOLETE Front Cover

02197868
27687

From: Morrow Ill, .JoDean, CPT USA SJA
Sent 11'

To:

Cc: Fein, Ashden CPT USA SJA
Subject: RE: Meeting regarding Manning PSR (UNCLASSIFIED)
Signed By:

Classification: UNCLASSIFIED
Caveats: FOUO



Do you have time for a phone call with me and Ashden? Let us know and we
can call or you can call Ashden's blackberry we are in the
process of moving offices, so phone connectivity is limited right now.
Thanks.

CPT Joe Morrow
Trial Counsel
U.S. Army Military District of Washington (MDN)



02197860
27688

From: Morrow JoDean, CPT USA SJA
Sent: Thursda ,Jul 21, 2011 2:17 PM

To:

Cc: Fein. Ashden CPT USA SJA
Subject: RE: Meeting regarding Manning PSR (UNCLASSIFIED)
Attachments: OSD 03295-10 (Morrow HighIights).pdf

Signed By:

Classification: UNCLASSIFIED
Caveats: FOU0

Attached is the sample distribution memorandum we received with highlighted
Those offices, agencies, or organizations
we have dealt with directly or indirectly are highlighted in green. Those
entities we have reason to believe may have responsive information are
highlighted in yellow. we highlighted DIA, DISA, and NSA, but we sent those
agencies their own prudential search request and they should be excluded.

This document is a starting point, but we defer to your judgment with
respect to distribution throughout 000. Our specific COCOM list is below,
subject to the same caveat as above.

COCOMS

- CENTCOM

- NORTHCOM

- SOUTHCOM

- USSOCOM

- USSTRATCOM

Respectfully,
CPT Joe Morrow

Trial Counsel
U.S. Army Military District of Washington (MDN)





02182977

27689

From:

Sent: Monday, August 08. 2011 9:38 AM

To: Fein, Ashden CPT USA SJA

Subject: Discovery update (UNCLASSIFIED)

Attachments: JRCF Interview worksheet, 1 Aug 11.pdf; - Registere abe|s.pdf; -

Miscellaneous emails.pdf; MISC485 Miscellaneous notes - SA .pdf
Signed By: ?@us.anny.miI

Classification: UNCLASSIFIED
Caveats: FOUO

Some more updated discovery. I do not yet have Artie and Joe's certs so I
only sent this to you.

Washington Metro Resident Agency
Computer Crime Investigative Unit
US Army Criminal Investigation Command
27139 Telegraph Road, E6233
uantico VA 22134



Classification: UNCLASSIFIED
Caveats: FOUO

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02182977

02186865

27712
Sent: Friday, July 22, 20] I 5106 PM
To: Fein, Ashden CPT USA SJA
Morrow Ill, JODean, CPT USA SJA

Subject: PSR response

Ashden, Joe, I just got the disc of material to review. I won't be able to get through it before your requested date of Aug
1. We'll let you know next week after we get through some of it when we think we will complete the review.

FBI Washington Field Office

office:
mobile

02885097

27713

From:
Sent:
To:
Cc:

Subject:
Attachments:

Importance:

Sir,

Fein. Ashden CPT USA SJA

Monday, July 25, 2011 9:55 AM

COFFMAN. CARL COL MIL USA IMCOM

Matthew kemkes; Morrow JoDean, CPT USA
I: Ovengaard, Angel M.
CPT USA SJA: Ford, Arthur 0. W01 USA Joshua
Tooman; Ford. Atthur (Art 32 Delay Request)

11-Jul-25-Govemment Request to Delay Article 32 (ManningB).pdf

High

The United States requests an additional delay of the Article 32. Please
see the attached request.

v/r
CPT Fein

Ashden Fein
CPT, JA

02902198

27714

From
Sent
To:
Cc:

Subject:

Good afternoon.

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Monda ,Jul 25 2011 3:20 PM

Morrow JoDean. CPT USA Ford. Arthur D. W01 USA JFHQ-
NCRIMDW Overgaard, Angel M. CPT USA SJA
Follow?up to Meetin

Our schedules are open this week. when is a good a time to

meet at FBI main so we can discuss the way forward with the use request and

Thanks.

Ashden

02217288

From:
Sent:
To:
Cc:

Subject:

27715

COFFMAN, CARL COL MIL USA IMCOM ?il>

Monday, July 25, 201 I 332 PM

Fein, Ashden CPT USA SJA
Matthew kcmkes Morrow Ill, JoDean, CPT USA

SJA >s

M. CPT USA SJA
Arthur D. W01 USA SJA

Joshua Tooman Ford, Arthur D. W01 USA JFHO(Art 32 Delay Request) (UNCLASSIFIED)







Overgaard, Angel
Ford.

Classi?cation: UNCLASSIFIED

Mr. Coombs.

Does the Defense have any issues with the request??

COL Coffman

02216841
27716

From:
Sent: Monday, July 25, 2011 5:52 PM
To: COL MIL USA




Cc: Matthew kemkes

Morrow Ill, JoI)ean, CPT USA
. -




JA



Overgaard, Angel M. CPT USA SJA
Ford. Arthur 1). W01 USA JFHQ-

Joshua Tooman

Fein, Ashden CPT USA SJA




SJA




Subject: [Suspected RE: US v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)
Attach: Article 32 Delay
Sir,

Please see the attached document for the defense response.


David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

02981121

27717

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. July 26, 2011 8:10 AM

To:

Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA

il'; Overgaard, Angel M. CPT USA Fond.
ur . ?Joshua Tooman?

Subject: US v. PFC BM Discovery

hnponance:

David,

Good morning. we received your memorandum to the in reference to the Article 32 delay
request.

Yesterday, we delivered to MA) Kemkes and placed in the US Mail for you, three DVDs of
discovery. These DVDs contain the majority of the unclassified CID case file (BATES 21364 -
36617), including a DVD of native files for certain file types. we are continuing to sort
through the remaining information and seek the approvals we must have in order to produce
everything that is discoverable. As we have discussed in the past, our intent is to send the
information in waves as we receive approvals and not wait until we receive all approvals.

Below is a summary of the acknowledged protective orders we have received. Pursuant to the
protective orders, please ensure the information is not shared with any team member until we
receive a copy of the signed acknowledgments and initialed (or signed) federal protective
orders.

100% - Coombs, Kemkes, Santiago, and Purcell
Partial - Tooman
None All others

v/r
Ashden

02903023

27718

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesda Jul 26. 2011 9:17 AM

To: A

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: RE: DSS Files

I hope all is going well. Could you please provide us an update on burning
the DSS case file and associated PSTs onto disks for us? Thanks

Ashden

02182944

From:
Sent:
To:

Subject:
Attach:

27719



Tuesday, July 26, 20: 1 3:06 PM

Fein, Ashden CPT USA SJA
Morrow JoDean, CPT USA JA





Discovery Update (UNCLASSIFIED)

AIR of_ 5 May Ilpdf; AIR of? I4 Jul Ilpdf; AIR of-


I8 Jul DA Fonn 4l37, DN 099-] l.pdf; MISC466 - CID Fonn

44 - Investigative Worksheet of Inmate - CID Form 44 -
Investigative Worksheet and LexisNexis Report of pdf; MISC468 -
Grand Jury list addition - MISC469 RFA to Ft Leavenworth
RA re periodic re?interviews.pdf

Classi?cation: UNCLASSIFIED

Caveats: OUO

Here is the latest discove update. I still owe you the audio ?les of the

oi and 2

uetro Agency

Computer Crime Investigative Unit

US Army Criminal Investigation Command
27130 Telegraph Road. E0233

Quantico. VA 22134



Classi?cation: UNCLASSIFIED

Caveats: FOUO

02884715
27720

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. July 26. 2011 9:40 PM

To: 'Aknanza,Paur

Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA

'Haber|and.John CPT MIL
Overgaard, Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-
?Joshua Tooman'

Subject: US v. PFC BM Article 32 Delay

Attachments: Delay of Article 32 Investigation (ManningB).pdf

LTC Almanza,

Good evening. Please find attached an Article 32 delay approval signed by the


Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

02188912




27721

From: ic.fbi.gov>

Sent: Wednesday, July 27, 201 1 7:49 AM

To: Fein Ashden CPT USA JFI-I SJA

@ic.fbi.gov>
Subject: Re: Follow-up to Meetin
Ashden -

How does Thursday at 2 pm work for you?

Thanks.

02902196

27722

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday, July 27. 2011 7:50 AM

To:

Cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Ford. Arthur D. W01 USA JFHQ-

NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA

Subject: RE: Follow-up to Meetin

2pm works well for us. Thanks.

Ashden

02900955
27723

Ftom: Fein. Ashden CPT USA SJA
Sam: 2011 9:52 AM

To:

Subject: RE: info for you on your other e-mail

-3

IF you are available, could you please call? Thanks.

Ashden



02943395
27724

From: Fein, Ashden CPT USA SJA
Sent: Thursda Jul 28 2011 5:16 PM
To: *usA OTJAG
Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. WO1 USA JFHQ-
SJA
Subject: CENTCOM Class Review
Attachments:
Sir,

Please see attached re uest For CENTCOM to finish the classification review.
we must have them

completed prior to the Article 32. Thank you.

v/r
Ashden

02919770

27725

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir,

Fein, Ashden CPT USA SJA

USA OTJAG
Morrow Ill, JoDean, CPT USA Ford, Anhur D. WO1 USA JFHQ-
SJA
SOUTHCOM Class Review


Thursdail Juli 28' 2011 5:17 PM

Please see attached request for SOUTHCOM to Finish the classification

we must have them
complete prior to Artic 32addendum with an

additional document For their review that was just found two weeks ago.

Thank you.

v/r
Ashden

02930297
27726

From: Fein, Ashden CPT USA SJA

Sent: Thursda Jul 28 2011 5:17 PM

To: USA OTJAG

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA

Subject: INSCOM Class Review

Attachments:

Sir,

Please see attached request for INSCOM to finish the classification review.

must have them
completed prior to the Article 32. Thank you.

v/r
Ashden

02922846

27727

From:
Sent
To:
Cc:

Subject:
Attachments:

Thanks For the meeting today.

Fein, Ashden CPT USA SJA
Thursda Jul 28, 2011 5:58 PM
icIbLgov

Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA
Ford, Arthur D. W01 USA SJA

Protective Orders

Protective Orders (US v. BM).pdf

Attached are copies of the protective orders.

we did not include the Federal disclosure protective orders, but the
defense was required to sign those as well.

As we understand from today's meeting, you are assisting with getting us
access to the FBI case file and its sub?fi1es that directly deal with PFC
Manning (case name purposely removed).



Thank you.

Ashden

02182762

27728

From:
Sent:
To:

Subject:

Attachments:

Classification:
Caveats: FOUO

SA USACIDC ?@us.arrny.mil]

Monday, August 01, 2011 2:53 PM

Fein. Ashden CPT USA Morrow Ill, JoDean, CPT USA JFHQ-

Ford, Arthur D. W01 USA SJA

More discovery (UNCLASSIFIED)

MISC481 - TDY Worksheet - Cincinnati.pdf; MISC482 - Miscellaneous JRCF notes.pdf;

- Return of Service - brad|ey.manning Facebook - Yahoo

Inc information pertaining to email account MISC478 - Forensic

exam tracking spreadsheet. f? MISC477 - orensic xamination MISC476 -
morandum - FBI Memorandum re
property_1.pdf; MISC474 - Grand Jury Notice - pdf; MISC473 -

Miscellaneous Forensic Documents.pdf; MISC472 - Subpoena Results Documentation

pertaining to ?@yahoo.com.pdr; MIS 4 1 - I tion Tracking
Sheet.pdf; - DA Forms 3964.pdf; AIR 18 Jul 11.pdf;

DODIG Sub oena 2010247-10458 and subpoena results pertaining to
a mit.edu.pdf; DODIG Subpoena 2010233-10433 results pertaining to the
email r; AIR of ?pr 11.pdf; JRCF

Canvass Interview Worksheets, 6-7 May 11.pdf; AIR of 19 Jul 11.pdf




UNCLASSIFIED

?cleaned out his office which revealed some additional documents and

needed additions.

The evidence tracker update is almost complete.

Washington Metro Resident Agency
Computer Crime Investigative Unit

US Army Criminal Investigation Command
27136 Telegraph Road, E6233

Quantico, VA 22134



Classification: UNCLASSIFIED

Caveats: FOUO

02188096
27729

From: mv DISA GC

Sent: on ay, ugust 1, 2011 3:15 PM

To: Fein, Ashden CPT USA SJA

Cc: Morrow Ill, JoDean, CPT USA SJA

Subject: US v. PFC BM Coming with CD5 to your place (UNCLASSIFIED)
Signed By: ?@disa.mi|

hnponance:

Classification: UNCLASSIFIED
Caveats: NONE

I have 2 unclas. CD5 and 1 CD I'll be there as soon as I can get there.

Sincerel

Deputy General Counsel, Regulatory and International Law Office of the
General Counsel (DISA Ft. Meade, Room C4A24L) Headquarters Defense
Information Systems Agency

Phone:

Unclas. Email:




Classification: UNCLASSIFIED
Caveats: NONE

02936274
27730

From: Fein, Ashden CPT USA SJA

Sent: Tuesda Au ust 02, 2011 7:27 PM

To: MIL USA

Cc: Morrow Ill, JoDean, CPT USA SJA
Subject: Discovery Update (US v. PFC BM)

hnponance: Low

Sir,

Below is FYSA. As discussed before, we are continuing to provide evidence in
discovery as we receive approvals.

v/r
Ashden



From:


Sent: Tuesday, August 02, 2011 7:19 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes; Morrow JoDean, CPT USA

3 Overgaard, Angel M. CPT USA Ford,

Arthur D. N01 USA Joshua Tooman

Subject: [Suspected RE: Discovery Update (US v. PFC BM)

Importance: Low

Ashden,
Thank you for the update.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-869-588-4156

Fax: (508) 689-9282



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

-- Original Message
Subject: Discovery Update (US v. PFC BM)

1

02936274



27731

From: "Fein, Ashden CPT USA


Date: Tue, August 02, 2011 2:50 pm

To:

Cc: "Matthew kemkes"

CPT USA




"Morrow JoDean,


"overgaard, Angel M. CPT USA
"Ford, Arthur D. N01 USA
"Joshua Tooman"








David,

we sent you and Kemkes the following today in discovery (BATES
36618-36802):

(ID Case File Updates

FLAG Memo for Sec Army 15-6

SFC Adkins Reduction Board Appeal and Attachments
BM's newly executed Nondisclosure Agreement (NDA)

Your tracking number: 7010 1060 0001 1272 6251.

v/r
Ashden

Tracking:

02925026
27732

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesda Au us! 03, 2011 9:02 AM

To:

Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: RE: New Email Address

Unfortunately not. we are still working on approvals to turn over

classified information to the defense and then we will start lookin at
dates +or the Article men

the trial. Probabl another man months.



Thank you

02216756
27733
From:
Sent: Wednesday, August 3, 20ll 9:51 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Morrow Ill. JoDean, CPT USA
SJA









Overgaard, Angel M. CPT USA SJA
Ford, Arthur D. WOI USA JFHQ-

SJA Joshua Tooman





Subject: Security Experts

Ashden,

My security expert informs me that no laptops were provided to them during the 706 - only safes to store.
I asked him how many laptops he would need, and he informed me that they would need three laptops to
review information. 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

Office: 1-800-588-4156

Fax: (508) 689-9282



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

02942858

27734

From: Fein, Ashden CPT USA SJA

Sent: Wednesda Au ust 03, 2011 2:42 PM

To: DISA Gc

Cc: orrow ean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: Classification Guide
hnponance: I?gh

Thank you again for such a quick response to the PSR. we are starting to go
through the information. we are conducting a classification/security review
of our case file and notice in the DISA SCG there is no definitions for the
following. Could you please provide some definitions so we can ensure our
material is properly classified and handled appropriately:

Customer Identification
System Identification

NAN identified as
Port Identification
Thank you!

CPT Fein

02216709
27735

From:
Sent: Wednesday, August 3, 201 I 5:10 PM

To: Fein, Ashden CPT USA SJ A

Cc: Matthew kemkes Morrow JoDean, CPT USA
SJA








vergaard, Angel M. CPT USA SJA
Ford, Arthur D. W01 USA JFHQ-
Joshua Tooman

Subject: Expert Request
Attach: Dr. Grieger Capt. Moore Emailpdf, Dr. Grieger Curriculum Vitae.pdf; Dr.
Grieger Fee Schedu|e.pdf

Ashden,

Please see that attached expert request. Let me know if you have any questions based upon a review of
the request and attachments.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

02935188

27736
Ftom: Fein, Ashden CPT USA SJA
Sent: Wednesday. August 03. 2011 5:14 PM
To:
Cc: Matthew kemkes; Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Ford.
ur . 1 A Joshua Tooman
Subject: RE: Expert Request
David,

Acknowledge receipt. Thank you and we will start working this immediately.

v/r?
Ashden

02188648
27737

From: _@state.gov>

Sent: Thursday, August 4, 201 11:20 AM

To: Fein, Ashden CPT USA SJA
Cc: ?@state-gov>

Subject: Classi?cation Review

Ashden, I just left you a voice mail re the classification review. We've made good progress on it and should be finishing
up a draft soon. If you could give me a call, I think we'd be able to facilitate next steps.

My work My cell phone is_. I'm hoping you can call me today, but if not, tomorrow I will

be in Kansas City, but still available on my cell phone. In light of the progress we're making, I'm hoping we can talk asap
(it'll be short).

Also, as I noted in my last email, has assumed ?mrtfo?o. I have not yet had a chance to brief him on this
matter, but hope to do so soon.

SBU
This email is UNCLASSIFIED.

02938121

27738

From: Fein, Ashden CPT USA SJA

Sent: Saturday, August 06, 2011 7:33 PM

To: Paul Bouchard

Cc: Ford, Arthur D. W01 USA JFHQ-NCRIMDW

Overgaard, Angel M. CPT USA SJA
Subject: RE: Defense Request for hardware and software
Paul,

Thank you. we will review these requests this weekend and get back to you
by Tuesday on any issues, such as the request should be for the since
he owns the case and not the GCMCA.

In order not to have any unnecessary delay, please provide us, ASAP,
whatever research you have that shows the convening authority can appoint a
Corporation/Company as an expert assistant (along with all its employees)
vice only appointing individuals within the Corporation/Company. we have not
found a case on point.

Have a good weekend.

v/r
Ashden

02216683

27739

From: Paul Bouchard

Sent: Sunday, August 7, 201 10:14 PM

To: Fein, Ashden CPT USA SJA
Cc:

Subject: Re: Defense Request for hardware and software

Ashden:

Do you really need legal precedent cited in order to appoint Cyber Agents, Inc. and its employees? Reason ask
is, is there any prohibition requesting a corporation as a defense expert assistant? The Government contracts
with companies all the time.

Not trying to be a pain for you; just want to know.

Please advise. I'm sure we'll work it out.

Thanks,

Paul

02938164

27740

From: Fein, Ashden CPT USA SJA

Sent: Sunday, August 07, 2011 10:30 PM

To: 'Pau|Bouchanf

Cc: Overgaard, Angel M. CPT USA

SJA
Subject: RE: Defense Request for hardware and software
Paul,

we do need some legal precedent to accomplish this request. I absolutely
agree that corporations and companies are billed for expert assistance
witnesses; however we did not find any case law that supports the
proposition that an entire corporation and all its employees can be
appointed to the defense team as expert assistants. we consider the
prohibition to exist in the plain language of the rule, which identifies a
person and their qualifications and not a corporation.

we are still reviewing the request to ensure all the requirements are met,
specifically the fee schedule is clearly outlined.

v/r
Ashden

02216680

27741

From: Paul Bouchard

Sent: Monday, August 8, 20] I 7:37 AM

To: Fein, Ashden CPT USA SJA
Cc:

Subject: Re: Defense Request for hardware and software

Ashden;

What if I just submit a separate expert request for the appointment of Trent Struttmann as an additional defense

expert?

I'm sure that the government has had multiple computer forensic experts at CCIU working on this case. Given
the amount of information (8 terabytes) and the scope of work, the defense will need the services of an
additional representative from Cyber Agents. This additional expert is needed in order to perform the review
required in this case, and to avoid any unnecessarily delays due to the amount of information required

to be reviewed.

Please let me know.

Thanks,
Paul

02938160

27742

From: Fein, Ashden CPT USA SJA

Sent: Monday, August 08, 2011 7:43 AM

To: 'Pau|Bouchanf

Cc: Ford, Arthur D. W01 USA

Overgaard, Angel M. CPT USA SJA
Subject: RE: Defense Request for hardware and software
Paul,

At this point, we have no objection to multiple expert assistants to further
assist Eric Lakes and anyone else the defense requests. The only issue is
whether the convening authority has the power/authority to appoint a
company/corporation vice individual employees. we are already working an
additional appointment of Trent 5 along with a reappointment of Eric L.

By the end of today, I will provide you an email with a list of the other
information we will either need or recommend changed before we take the
request to the

v/r
Ashden

02915339

27743





From: Fein, Ashden CPT USA JFHQ-NCFUMDW SJA
Sent: Monda Au ust 08 2011 8:25 AM
To: Don occ

Cc: DOD Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
MIL USA OTJAG
Sumem:

Good morning. Do we owe you anymore information regarding our Do you
have an ETA of when it will go out and the potential mechanism to track its
responses?

Thank you.

v/r
Ashden

02213031
27744

a@osdamn>

Sent: Monday, August 8, 2011 8:34 AM

To: Fein, Ashden CPT USA SJA
Cm @<>sdami1>; Morrow PT

USA SJA
us.anny.mil>

Subject: Re: US v. PFC BM (PSR)

Ashden,

lt vicnt out a few weeks ago. I will send you a copy on Thursday. The sus was August 12th. I have gotten a response back from
JS and COComs. which is basically a list of they gave to ?for her search. I will send that to you on
Thursday as well. What is you high-side email?

Vr

02916403

27745

From: Fein, Ashden CPT USA SJA

Sent: Monda ,Au ust 08, 2011 9:04 AM

To:

Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. WO1 USA JFHQ-







Subject: RE: US v. PFC BM

Good morning. I am the lead prosecutor For the case of US v. PFC Manning.

Could you please send me an date on the Prudential Search Request we
submitted throughi, dated 14 June 2611. Thank you.

V/r
Ashden Fein

02182650

27746
From: USACIDC ?@us.army.mil]

Sent: Monday, August 08, 2011 9:38 AM

To: Fein, Ashden CPT USA SJA

Subject: Discovery update (UNCLASSIFIED)

Attachments: JRCF Interview worksheet. 1 Aug 11.pdf; MISC483 - Registered mail labeIs.pdf; MISC484 -

Miscellaneous emails.pdf; - Miscellaneous notes - SA
Signed By: ?@us.army.mil

Classification: UNCLASSIFIED
Caveats: FOUO

Some more updated discovery. I do not yet have Artie and Joe's certs so I
only sent this to you.

Washington Metro Resident Agency
Computer Crime Investigative Unit

US Army Criminal Investigation Command
27130 Telegraph Road, E0233

Quantico, VA 22134



Classification: UNCLASSIFIED
Caveats: FOUO

02188645

From ?@stateasov>

Sent: Monday, August 8, 2011 10:57 AM

To: Fein, Ashden CPT USA S.l
CG ?@stateas0v>

Subject: FW: Declaration

27747

Ashden, re the classification review for the firewall and server logs, in the email 2 below our IT folks are asking whether
we should put classification markings on the logs (they wouldn't have them in the normal course of business).

Thoughts?

SBU
This email is UNCLASSIFIED.

02939132

27748

From:
Sent:
To:
Cc:

Subject:

Fein, Ashden CPT USA SJA

August 08. 2011 11:32 AM

state.gov'

state.gov'; Ford, Arthur D. W01 USA Morrow JoDean,
CPT USA SJA

Re: Declaration



- we would prefer? DOS mark them so we can ensure we do not make a mistake. Thx.

02924202

27749

From:
Sent
To:
Cc:

Sumem:

Mr.-

Thank you.

Fein, Ashden CPT USA SJA
Monda Au ust 08, 2011 2:10
cw DISA CIV DISA GC

Ford, Arthur D. wo1 USA PT USA JFHQ-
CIV Mr cw USA


RE: part In (UNCLASSIFIED)

Are you available tomorrow morning for the phone call. This is

very useful information because up to this point, we (law enforcement and
prosecution) have operated under much of the information being classified.
I think a 15 minute chat could clarify the information.

v/r
CPT Fein

02924192

27750

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda ,Au ust08, 2011 2:26 PM

To: DISA ?cw DISA GC

Cc: or ur . 01 USA SJA- Morrow JoDean. CPT USA JFHQ-



Subject: RE: part II (UNCLASSIFIED)



To make this easier, our securit ex ert DIA is available to

meet with you in person this week. She

can meet first thing in the morning or towards the end of the day. Are you
available to sit down with her so she can have a Full understanding of what is
and is not classified. Thank you!

CPT Fein

02216673

27751
From: Paul Bouchard
Sent: Tuesday, August 9, 2011 8:59 AM
To: Fein, Ashden CPT USA il>;
Bouchard, Paul CPT MIL USA OSA
Cc: Ford, Arthur D. W01 USA
SJA Overgaard, Angel M. CPT USA
SJA
Subject: Re: Defense Request for hardware and software
CPT Fein:

It was good talking to you over the phone. 1 will get this to you today -- will con?nn with Eric Lakes.

As we discussed, better we start from scratch and forget that more than a year ago, Eric Lakes was approved for
$5,600.00. Given the volume of data involved in the case, Eric then asked for more money and also the help of
one of his employees. Bottom line: Best we start from scratch, especially given that it's a new convening
authority as compared to July of last year.

Again, I'll have this product to you today.

CPT Bouchard

02216650

27752
From:
Sent: Tuesday, August 9, 20]] 1:31 PM
To: Fein, Ashden CPT USA SJA
Cc: Ford, Arthur D. WOI USA SJA

Overgaard, Angel M. CPT USA JFHQ-
Matthew kemkes
Bouchard,Pau| CPT MIL USA OSA




Subject: RE: [Suspected RE: Defense Request for hardware and software

Ashden,

Yes, I explored other options with Dr. Jehle. My preference was to find someone in the Leavenworth area
that could more easily work with him and BM. However, there was no one available.

As mentioned in the expert request, the main concern of the defense is that any expert is responsive and
has adequate time to devote to the case. Given our track record so far with government employees, it
seems that the better course is to find someone that is being paid for his time (versus adding to his daily
duties). My guess is that an expert who charges by the hour will not cite other work conflicts as a reason
to disengage.

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



Notice: This transmission, including attachments, may contain con?dential 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

02936279

27753
From: Fein, Ashden CPT USA SJA

Sent: Tuesda .Au ust 09, 2011 3:20 PM

To: MIL USA

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: FW: Discovery Update (US v. PFC BM)

Sir. FYSA. we sent additional discovery today. Vr Ashden

--?--original

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, August 09, 2011 3:19 PM

To:

Cc: Matthew kemkes; Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford,

Arthur D. N01 USA Joshua Tooman

Subject: Discovery Update (US v. PFC BM)

David,

we sent you and Kemkes the following today in discovery (BATES 036803):
Quantico Brig Recordings

Your tracking number: 7010 1060 0001 1272 6268

v/r
Ashden

Tracking:

02926230
27754

From: Fein, Ashden CPT USA SJA
San: 11 01720AM
To: USA
Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA
Subject: Monday Morning
Sir,

we (Joe and I) will be at the Pentagon Monday late morning. will you be
available to meet? Thanks.

Ashden

021 96580

27755

From: Ford, Arthur D. W01 USA SJA

Sent: Thursda Au ust 11 2011 8:26 AM

To: #6/x OTJAG

Cc: Fein, Ashden CPT USA Morrow JoDean, CPT USA JFHQ-

SJA

Subject: Security request for Defense Computer Forensics experts (UNCLASSIFIED)
Attachments: Forensic Ex rt Securit Re uest.

Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: FOUO

and? are computer Forensic Experts, and they have
been as rart of the defense team. Attached is a request for a clearance

For and access For Both and Please let me know if

you need anything else. Thanks.
Art


Arthur Ford
N01, JA

Legal Administrator

Classification: UNCLASSIFIED
Caveats: FOUO

02188631

From:
Sent:
To:
Cc:

Subject:




27756

?@slate.gov>
Thursday, August ll, 201 2:42 PM

Fein, Ashden USA SJA

@state.gov>; Ford, Arthur D. W01 USA
SJA Morrow JoDean, CPT USA

NCIUMDW SM

RE: OGA Info



Even though only the titles to the cables are being disclosed (not the
cables themselves). we've been directed to look at the underlying cables
to ensure they are unclassi?ed. and consider any other sensitivities in
the cables. In light of the below. I've gone back to our people and
asked whether we can locate the cables in a way other than wewe tried

so far.

Separately. re the preservation and search request. we are still
considering ways that we can reach consensus here at State to launch
that. One way suggested was to check with DOD to see how they are
handling it. Would you mind if I touched base with your DOD contact to
see what they're doing?? Thw-

SBU

This email is UNCLASSIFIED

02188631
27757

SBU

This email is UNCLASSIFIED.

From: Fein. Ashden CPT USA SJA

!ent: Tuesday. Augusto?). 2011 12:0! PM

To: Blanck. Johnl

Cc: Mehta. Jason Ford. Arthur D. WOI USA Morrow
JoDean. CPT USA SJA

Subject: Re: marking of log Files

John. Cd is fine. Thx.

From: Blanck. John

Sent: Tuesday. August 09. 2t)1l 08:57 AM

To: Fein. Ashden CPT USA SJA

Cc? Mehta. Jason Ford, Arthur D. W01 USA
omow . 0 can. CPT USA SJA
Subject: FW: marking of log files

below is an email from one of our IT supervisors explaining the
difficulties in printing out the logs. I'm wondering if we could attach
them to the affidavit in the form ofa CD or sonte other electronic
media instead of hard copies. The jib

SBU

This email is UNCLASSIFIED.

From: Johnson. Margaret A

Sent: Tuesday. Augusto?). 201] 7:46 AM

To: Houser-Jackson. Celeste Blanck. John I
Cc: Yanci. Joseph Johnson. Glen
Subject: marking of log files

I reviewed some of the log files today due to the tasking to portion
mark printed versions of these records. We have exported the NCD log
files from the CD so we can prim and mark them. but the Firewall logs
haven't been exponed yet.

The system logs for both NCD and Firewall are designed for on-line
review by system administrators and are not optimized for printing. For
example. some of the log entries contain over 1000 characters of text on
one line. I opened one of the larger NCD log [iles (there are over lot)
separate NCD log files and they vary considerably in size) as a
printable document and the file constituted over l2.000 pages. I

resized the log file using an extremely small font size of 8 pi and the



02188631
27758

resulting output was still almost 8.000 pages. Based on the pagination
results I found opening Files of various sizes. I estimate that printing

the NCD logs alone. even with a very small font. would yield
approxirnately 90.000 to l00.000 printed pages.

Printing and classifying this ntany pages of logs would be a Sisyphean
task (I can't imagine anybody would wade tltrough pages of logs)
and l'm seeking guidance as to recommended course of action.

Re gards.

Margaret A. Johnson




SBU

This entail is UNCLASSIFIED.

02914279



27759

From:
Sent
To:
Cc:

Subject:

Attachments:

Importance:

David,

Fein. Ashden CPT USA SJA

Thursday. August 11. 2011 10:10 PM



Morrow JoDean. CPT USA SJA:
Matthew kemkes; Ford, Arthur D. W01 USA JFHQ-
SJA

US v. PFC BM Updates

Appointment of Forensic Computer Expert (ManningB).pdf; 11-Aug-10-
Approval Defense Expert Forensic LCDR Moulton (ManningB).pdt; 11-
Approval for Defense Computer Hardware (ManningB).pdf; 11-Aug-10-
Approved Facility and Storage for Classi?ed Information (ManningB).pdf; 11-Aug-10-
Excludable Delay Memorandum (ManningB).pdf

High

Attached are the following five actions from the



Appointment of Forensic Computer Experts

Approval for Defense Computer Hardware

Appointment of Expert Forensic

Approved Facility and Storage of Classified Information
Excludable Delay Memorandum

Lcoa Moulton may be reached at

Additionally, we sent unclassified discovery (BATES: 9368e4?942866) today
which includes MAJ Clausen's Adverse Action. (Tracking 7910 1960 9901 1272

6275)

v/r
Ashden

02924618
27760




From: Fein, Ashden CPT USA SJA

Sent: Frida Au ust 12 2011 7:21 AM

To:

Cc: Ford, Arthur D. W01 USA Morrow JoDean,

CPT USA SJA:

Subject: RE: OGA Info

CCed on this email is (Litigation Division, OGC, DOD). He
is our POC for the DOD PSR. Thanks.

Ashden

02213029
27761

From: _@osd.miI>

Sent: Friday, August I2, 201] 2:40 PM

To: Fein, Ashden CPT USA SJA

FW: DTRA Response: Preservation and Production of Records Relating to PFC Bradley

Subject:

E. Manning I)
DTRA has responsive documents.
Vr/

02213028

27762

From: osd-mi|>

Sent: Friday, August 12, 2011 3:49 PM

To: Fein, Ashden CPT USA SJA
Subject: FW: Preservation and Production of RecordsRelating to PFC Bradley F. Manning



NGA has responsive info I told them you would contact them. I will be out next week. but will have my blackberry.

Vr/

02213027
27763

From:

Sent: Friday. August 12. 20ll 4:07 PM
To: Fcin, CPT USA SJA
Subject: RE: Preservation and Production of to PFC Bradley F. Manning

I sent you the I got so far from Navy. Nothing yet from Air Force (or Anny). You can go direct to as well.

Vr/

02935813

27764

From:
Sent
To:
Cc:

Sumem:

hnponance:

Fein, Ashden CPT USA SJA
Su ust 14, 2011 6:59 PM

Morrow ill, JoDean, CPT USA Ford, Arthur D. WO1 USA JFHQ-
SJA
DSS Files Update

High

Could you please send an update on when you think we will be able to get a
complete copy of the DSS files surrounding wiki and Manning? This is a
follow?up to the conversations we have had after we visited in late May.

Thanks.

Ashden

02942854

27765

From:
Sent:
To:
Cc:

. Subject:



Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sunda Au ust 14, 2011 8:56 PM
@Dmm?JnW

Ford, Arthur D. WO1 USA Morrow JoDean, CPT USA JFHQ-
Overgaard, Angel M. CPT USA SJA

Classification of Repons

we are still Figuring out the classification issue with the reports. I don't
think we can hold them up because of this, but we do need them properly
marked. Let chat tomorrow morning.

Ashden

02922949
27766

From: Fein, Ashden CPT USA SJA

Sent

To:

Cc: Morrow JoDean, CPT USA SJA
Subject: FW: Protective Orders

Gents,

I am not sure whether this was relayed down to you, but we offered to use our

Seepg/minute scanner and have our paralegals scan the entire file. we assumed
that you would not want the file out of your custody, so we suggested that it

be escorted by the FBI and we will do the labor on site.

?ave 3 Week-

Ashden

02186860
27767



Sent: on ay, ugust
To: - DW 31A


Cc: Morrow Ill, JoDean, CPT USA SJA

Subject: Re: Protective Orders







I am on leave this week but have no issue with this as long as we get all of the contents back at the co of the copy mission.
You tnost likely would want to Bates stamp for easy ID on does you would propose using. is on travel but should be
able to coordinate this upon his return.

!upen'isor_v !pccial Agent (SSA)

FBI
Washington Field Office
601 4th Street. NW

Washin 0 DC 20535
Office
Cell







02216616
27768

From:
Sent: Monday, August 15,2011 1:50 PM

To: Fein, Ashden USA SJA
Ford, Arthur D. WOI USA SJ


Cc: Matthew kemkes Paul Bouchard
os ua Tooman

Subject: Dr. Moulton

Ashden,

who does Dr. Moulton need to coordinate with in order to obtain travel orders? I believe that MDW should
be providing the funding for his TDY. If this is not correct, can you point us in the right direction?
Thanks.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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

02936023

27769

From: Fein, Ashden CPT USA SJA

Sent: Monday, August 15, 2011 1:53 PM

To: Ford, Arthur D. W01 USA SJA
Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'

Subject: RE: Dr. Moulton

David,

we will Figure out the process immediately. Please have Dr. Moulton send us
his DTS POC so we can coordinate the exchanges.

V/r
Ashden

02922940

27770
From: Fein, Ashden CPT USA SJA
Sent
To:
Cc: Morrow JoDean, CPT USA Overgaard. Angel M. CPT USA

Ford, Arthur D. W01 USA SJA

Subject: lrolechve gaers

Attachments: File Request (ManningB).pdf

Thank you For your assistance. Attached is our Formal request to supplement
our previous requests.

we are coordinating directly with WFO to get the copy. we will let you know
when we have it all and then the next step. I think what might be helpful for
all is that we will likely import the File into Concordance and then we will
be able to export to you for redactions, etc.

Thanks again.

v/r
Ashden

02922528

27771

From:
Sent:
To:
Cc:

Subject:

Fein, Ashden CPT USA SJA

Wednesday. August 17, 2011 9:09 AM

USA DCS G-2

USA Morrow JoDean, CPT USA
Ford, Arthur D. W01 USA SJA

Question




Are you available to chat on the phone about an issue? Thanks.

v/r-
Ashden

02212178

27772
From: USA DCS G-2 Eusarmymill
Sent: Wednesday, August 17, 2011 9:45 AM
To: Fein, Ashden CPT USA SJA
cc: Morrow Ill, JoDean, CPT USA

Ford, Arthur D. W01 USA SJA
Subject: U) RE: Question
Signed By: us.army.mi|

Classification: UNCLASSIFIED

01? course. My number? is

02924867

27773

From: Fein, Ashden CPT USA SJA

Sent: 011 8:23 AM

To:

Cc: Ford, Arthur D. W01 USA Morrow JoDean, CPT USA JFHQ-

SJA
Subject: Next week

Our schedule is starting to Fill up and I want to lock in a day For case
File (and sub?fi1e) scan. when are ya'l1 available? Thanks.

Ashden

02187082

27774

rrom:
Sent: Thursday, August 18, 201 1 2:55 PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill, JoDean, CPT USA SJA

Ford. Arthur D. W01 USA JFHQ-

SM
Subject: RE: DSS Files Update
Hey AshderL

My has given me the files requested on 2 1 unclassi?ed and for SIPR ?les. I could probably bring these over to you all:
let me know.




O:




Special Agent. Diplomatic Security Service
Office of Professional Responsibility C:
This c-mail is unclassi?ed based on de?nitions provided in E.O. 12958



02187550

From:
Sent:
To:
Cc:

Subject:

27775

?@dia.miI>

Thursday, August I8, 2011 3:24 PM

Fein, Ashden CPT USA

Morrow Ill, .|oDean, CPT USA SJA

?Ford, Arthur D. WOI USA JFHQ-








RE: US v. PFC BM



have ?nally received the last D5 of materials responsive to the PSR.

I will package up the results. and they may be picked up at our of?ces at
your conv ni (ZD6 I4 Pentagon), Upon arm-'al. the courier should show our

admin
Thank you!

V/r.

his/hcr councr badge for copying and sign a release sheet.

Aicncy



02188623

27776








From: state.gov>
Sent: Friday, August 19, 2011 2:47 PM
To: Fein, Ashden CPT USA SJA
Cc: Ford, Arthur D. WOI USA
SJA il>; Morrow JoDean, CPT USA JFHQ-
SJA Overgaard, Angel M. CPT
USA SJA
Subject: Request for a Meeting
Ashden. I touched base with-
-). and he is available to meet with _vou. His Mondav and Friday

aflemoons are open next week: would cnher of those work?.

SBU

This email is

02216539
27777

From:
Sent: Friday, August 19, 2011 5:46 PM

To: Fein, Ashden CPT USA SJA l>





Cc: Ford, Aithur W()l USA SJA
- Matthew kemkes
Jos ua 'I'ooman
. A SJA
Morrow Jol)can. CPT USA JFHQ-

Subject: Re: Protective Orders

COL CotTman's order does not seem to include disclosure to defense experts. I am assuming that this is an oversight. and that the
defense can share materials with its exports provided the protective orders are signed.

David
Sent from my Verizon Wireless



02922867

27778
From: Fein, Ashden CPT USA SJA
Sent: Fnday, August 19, 2011 6:52 PM
To:
Cc: Ford, Anhur D. WO1 USA Matthew
kemkes; Joshua Tooman; Overgaard, Angel M. CP - Morrow
JoDean, CPT USA SJA
Subject: RE: Protective Orders
David,

All those on the defense team, including expert consultants and witnesses are
included under COL Coffman's order. It was intended and briefed to the COL
Coffman that paragraph 2 sub includes "technical or expert services or
testimony? for the defense. we do understand the remainder of the sentence
states "in the prosecution of the accused? but we considered that statement
more broadly to include the prosecution and defense, since the "prosecution of
the accused" cannot occur without the defense having access to the
information.

v/r
Ashden





02917809

27779

From: Fein, Ashden CPT USA SJA

Sent: Monda Au ust22, 2011 6:41 AM

To:

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: Two Issues

I hope you had a good weekend. It appears my SIPR email finally went
through. when you have some time, could you please review the document I
sent and determine whether there are any State classified equities.

New question: If you have some time, could we discuss what actions DS took
in Iceland after the single cable was released?

Thanks.

Ashden



02187735 .
27780

From: ?@dia.miI>
Sent: Thursday, February 10, 2011 12:14 PM
To: Fein, Ashden CPT USA SJA
Subject: IC badges approved
Attach: IC badges approvedpdf

See attachment. Unclas e?mail sent on another network.

Assistant General Counsel
Defense Intelligence Agency

Washinitonl DC 20340



02901057
27781

From: Fein. Ashden CPT USA SJA

Sent: Thutsda February 10.2011 7:49 PM .
TO: I
Subject: IC Badges

Good evening. Earlier today you approved IC badge issuance to me and my co?counse1, CPT Joe
Morrow, as per your email to we plan on coming by the DIAC tomorrow
afternoon. 00 we need to bring any paperwork For the badge issuance, or just show up? Thank
you.

V/r

Ashden Fein

Ashden Fein
CPT, JA
Chief, Military Justice

U.S. Army Military District of Washington (MON)

02886272





27782
From Fein, Ashden CPT USA SJA
Sent 1?r51l?M
Tm SAOGC
Cc: USA USA

MIL USA USA
SJA

Subha: Updau:
Sir,

In reference to the classification issue from a meeting you were at earlier today, I received
an updated (as of 1920hrs) from my General Counsel POC at the OGA and they are still working
on obtaining the verbal classification of the specific information that was used in the
documents. He will not receive an answer tonight, but is confident he will by tomorrow
afternoon.

As for the other issue with the certain documents, I am going to send you an email on SIPR
explaining the information you requested.

Ashden Fein
CPT, JA
Chief, Military Justice

U.S. Army Military District of Washington (MOW)

02221853
27783



Sent: Friday. February I I, 20| I 6:43 AM

To: Fein, Ashden (7PT USA SJ A

Ce:
Horrow Ill. loDean, PT USA JFHQ-

SJA Matthew kemkes







Subject: RE. Initial plan for evaluation schedule (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Cat eats: NONE

PT Fein:
I have considered the request for CAPT Moore to attend the interview portions of the evaluation. and I am willing to accommodate the
request specifically to increase the of the process Ideally the interview should be observed through a one minor I

believe this arrangement is available at Quantieo. lfa SCIF can be chosen witha one way mirror that would be ideal. but is not an
absolute requirement (just a desirable feature).

We request that CAPT Moore strictly adhere to observation of the inten iews only. and not meet with the accused during breaks or
otherwise interact with him during the mtemews.

MAJ Benesh will begin with testing, on Tues It?. Feb Wed I7 Feb will be the first intemew at Otiantico. If you could Contact the brig
for me to anange for use of appropriate space. as I am on TDY now. I would appreciate it. The SC IF ititeniew date will be agreed
upon early next week.

Thank you!

Michael Sweda

02221850
27784










Sent: Friday. February I l, 20l 6 49 AM
To: Fein, Ashden CPT USA SJA
Cc=

Morrow Ill, JoDean, CPT USA IFHQ-

SJA Matthew kcmkes

.il.
il

Subject: RE: Initial plan for evaluation schedule (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir: contclion lo the prior. Evaluations will still be scheduled the lam and bul the intcnicxv will be on the Imli (which is a
and the lcsling will be on the 17th (a

Michael Swcda

02900754




27785
From: Fein. Ashden CPT USA SJA
Sent: Monday, Febtuaty 14, 2011 8:14 AM
To: 3
Cc: H2
coom armycourtmama ense.com'; orrow JoDean, CPT USA
Matthew kemkes: 'Haber1and, John CPT MIL
Cariile. Monica SFC
Subject: RE: Initial plan for evaluation schedule (UNCLASSIFIED)

Dr. Sweda,

Good morning. we confirmed that Quantico Brig has an area available to your team to conduct
the RCM 706 with the accused. I assume you are familiar with this location because it?s the
same place other pre-trial confinees participate in their RCM 786 board. However, the Brig
does not have an area with a one-way mirror available.

For the 16th and 17th, where do you envision the interview and testing to take place
If at HRAMC, is it possible to schedule both during off-set hours? we are still working on
the location of the SCIF, but it will likely be in or around Ft Belvoir, VA. Later this
week, we will need the proposed date for the meeting in the SCIF.

we will work to get another CD to your team within the next 24-hours.
Thank you.
v/r

CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDW)



02221 844

From:

Sent:
To:
Cc:

Subject:

27786

Sweda. Michael Dr CIV USA MEDCOM WRAMC
lL>

Monday. February I4, 20] I 8.43 AM

Fein, Ashden CPT USA

Benesh. Samantha MAI MIL USA MEDCOM MAMC




.loDcan. CPT USA SJA
Matthew kcmkes
Haberland, John CPT Mll. USA
MIL USA OTJAG
RE. Initial plan for evaluation schedule (UNCLASSIFIED)





(?arlile__ Monica

Classi?cation: UNCLASSIFIED

Caveats: NONE



We will do Ill: portions of the at Quzintico. Thank ou for getting us 1] nc\\ CD

We plan on starting the on the l(iI|i at t)83t), allou ing for ii possible due to IrnlTic. which on occasion is dif?ctilt.

r.

Michael Swcda. Pli D. ABPP (Foicmic)

Boaid-Ccnifiod Fonensic

Chief. Forensic Semce

Director. Fonemic Fellou ship Walter Reed Ami) Medical Center



"The United States themselves are essentially the greatest poem.
Past and and future are not disioincd but joined."



02896404

27787
From: Fein, Ashden CPT USA SJA
Sent: Monday, February 14, 2011 4:12 PM
To:
Cc: Morrow JoDean, CPT USA Carlile, Monica L. SFC USA JFHQ-
Matthew kemkes; 'Haber1and. John CPT
MIL
Subject: MRE 505(h)(1)
Attachments: 11-Feb-14-Memo to Defense Counsel MRE 505(h)(1) (ManningB).pdf
Signed By:
David,

I hope you had a relaxing weekend. Attached is the Prosecution's response to
your MRE 5es(n)(1) request in context of the RCM 706 board. Please review and
let us know your updated position and way forward. Thank you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (MDW)



02215538
27788

From:
Sent: Tuesday, February 15, 2011 10:54 AM

To: Fein, Ashden CPT USA SJA







Cc: Morrow JoDean, CPT USA SJA
Carlile, Monica L. SFC USA JFHQ-
Matthew kemkes
Haberland,John
Hall Cassius Mr FMMC (FTMYER)
Subject: [Suspected RE: MRE
Ashden,

Thank you for providing me with the Government's response. Based upon our earlier discussion, I believe
the CA can determine the "need to know" for the board. The only exception, as you have identified, would
be if any of the information is ORCON. In order to determine this and ensure that PFC Manning can
discuss anything he wants with the Board on 1 March, I would like to meet with him in a SCIF on 24 Feb.

I could be in D.C. by Noon and be at a SCIF anytime after 1:00.

Assuming none of the information he provides to me is ORCON, then the only issue we may have is the
505(h)(1) requirement. Based upon the Government's response, there appears to be an easy work
around on this issue. If the government will concede that it is waiving any right to assert 505(h)(5)
penalties for the defense's failure to comply with the requirements of 505(h)(1) and (4), then I don't
believe we will have an issue.

Please let me know if the government can arrange for the 24 Feb meeting in a SCIF and if you agree to
waive the 505(h)(5) penalty for nondisclosure. Feel free to call me if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential 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

02221842
27789

Sweda, Michael Dr CIV USA MEDCOM WRAMC


m"

Sent: Tuesday, February 15, 20] ll;S6 AM

To: Moore. Kevin czxpietx











Ce: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Morrow

JoDean, CPT USA SJA
Matthew kemke
Haberland, John CPT MIL USA Carlile, Monica SFC
MIL USA OTJ AG l-?cin, Ashden CPT USA
SJA

Subject: RE 706 Evaluation (UNCLASSIFIED)

Clussilicatiori; UNCLASSIFIED
Caveats: NONE

CAPT Moore:

I gave notice yesterda) that we are planning to begin tomomow at 0830. with possible allowance for a somewhat later start ifthc
Board members are delayed by tmf?c. Please adjust your accordingly.

The instructions for the obsening health professional is that there is to be no interaction by the obsencr ith the evaluee during the
evaluation process. meaning the entire day that we see him for each inten icw.

Thank you.



Michael Sweda. Ph D. ABPP (Forensic)

Board-Ceni?ed Forensic

Cluef. Forensic Ps_\vcholog\ Service

Director. Forensic Fellowship Walter Reed Ami)? Medical Ccmer



"The United States themselves are essentially the greatest poem.
and present and future are not disjoined butjoined."

02219519

27790
-*rom= AImanza.PauIn>
Sent: Tuesday, February 15. 201 1 2:09 PM
To: Fein, Ashden USA sm
Cc: Carlile, Monica L. SFC USA SJA


Morrow Ill, JoDean, CPT USA


1





SJA

Egan. Michael civ sm


Subject: RE: Article (PFC Manningread on. I know that we're still on delay pending the completion of the sanity board. 1 do. howex er. have two

questions. which have at bit more now based on the fact that I understand l'tn going to get activated on 1 April for six

I. When do you anticipate the sanity board being completed?!

and

2. Govemment. how long do you estitnate the hearing will take. in temLs of the presentation of evidence??
'l11ank you.

LTC A |tn:m7:i

02909159
27791

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, February 15, 2011 11:01 PM

To: Ahnanza,Paul

Cc: Cariile. Monica L. SFC USA

Matthew kemkes; Morrow JoDean, CPT USA
- 'chael CIV
Habenand. John CPT MIL USA
Subject: RE: Article 32 (PFC Manning)

Sir,

Good evening. Currently the sanity board has a suspense of 3 March 2911. Assuming the board
adequately completes their findings by the suspense, then the United States expects the
Article 32 to be ready to start by 15 March 2611, absent any additional delays. Once the
hearing starts, the United States estimates a total of three days to complete.

Is your 1 April activation keeping you in the local area or is this a deployment?

V/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice -

U.S. Army Military District of Washington (MON)





02896402

27792
From: Fein, Ashden CPT USA SJA
Sent: Tuesday. February 15, 2011 11:08 PM
To:
Cc: Morrow JoDean. CPT USA Carlile. Monica L. SFC USA JFHQ-
Matthew kemkes; Haberiand,John
MIL USA
Subject: RE: MRE 505(h)(1)
Attachments: 11?Feb-15-Excludable Delay Memorandum (ManningB).pdf
David,

we are still working with INSCOM to secure the facility and I hope to have an answer
tomorrow. we will immediately start looking at your proposal for the 56S(h)(1) issue and I
will email to setup a phone call. Prior to that phone call, I offer one proposition which is
that the security experts conducted the PCR and came back without ORCON information.
Therefore we should operate from this point forward that none of the information is ORCON,
unless there is evidence to the contrary.






Attached is the convening authority's action on excludable delay.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)

02219516
27793

Almam Paul

Sent: Wednesday, February 16, 2011 8:07 AM

To: Fein, Ashden CPT USA SJA






Cc: Carlile, Monica L. SFC USA SJA


Matthew kemkes Morrow oDean, CPT USA
SJA Egan, Michael CIV
SJA

Subject: Re: Article 32 (PFC Manning)

Thanks. CPT Fein. Assuming suspenses are met, there should be no problem.
The activation will be in the local area.
LTC Almanza

Original Message

Front: Fein. Ashden USA SJA

To: Almama, Paul

Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes
Mon'ow JoDearL CPT USA SJA

Egan. Michael CIV SJA
Haberiand. John






Sent: Tue Feb [5 23:01:00 20ll
Subject: RE: Article 32 (PFC Manning)

Sir.

Good evening. Currently the sanity board has a suspense of 3 March 201 1.
Assuming the board adequately completes their ?ndings by the suspense. then
the United States expects the Article 32 to be ready to start by 15 March
2011. absent any additional delays. Once the hearing starts. the United

States estimates a total of three days to complete.

is your 1 April activation keeping you in the local area or is this a
deployment?

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief. Military Justice

U.S. Amiy Military District of Washington (MDW)





From: Alman7;L Paul
Sent: Tuesday, Febntary . 2 2:09

To: Fcin. Ashden USA SJA

Cc: Carlile. Monica L. SFC USA

02219516
27794

Matthew kemkes; Morrow Ill, JoDean. CPT
USA l; Egan Michael CIV
SJ A

Subject: RE: Anicle 32 (PFC Manningwas read on. I know that we're still on delay pending the
completion of the sanity board. I do, however. have two questions, which
have a bit more urgency now based on the fact that I understand I'm going to
get activated on I April for six months:

1. When do you anticipate the sanity board being completed?
and

2. Govemment, how long do you estimate the hearing will take, in temts of
the govemment's presentation of evidence?

Thank you.
LTC Almanza

?--Original Message--?

From: Fein, Ashden CPT USA SJA


Sent: Tuesday. January 25. 2011 ll:38 PM

To: Almanza. Paul

Cc; Carlile, Monica L. SFC USA
Matthew Monow JoDcan. CPT

usA sum
Subject: RE: Article 32 (PFC anning)

Thank you sir. MTF.

Ashden Fein

CPT. A

Chief, Military Justice

U.S. Amry Military District of Washington (MDW)

?-??Original Message
From: Almanza. Paul
Sent: Tuesday, January 25.

To: Fein, Ashden CPT USA SJA

Cc: Carlile, Monica L. SFC USA IF
Matthew kemkes; Morrow ioDcan, CPT

USA SJARF
Subject: Re: Article 32 (PFC nmng)

CPT Fein -





Thank you for keeping me posted.

For the read-on, I will be on travel for the lnterseivice Military Judge's
Seminar next week. I may be available, however, either early Monday or late
Friday next week. Alternatively, I'd be available the following week.

02219516
27795

LTC Almanza

Original Message
From: Fein. Ashden CPT USA SJA

0: manza, au
CC: Carlilc. Monica L. SFC USA SJA


; Matthew kemkes

Monow JoDean, CPT USA SJA





2
Subject: Article 32 (PFC Manning)

LTC Alman7a,

Good evening. The purpose of this email is to give you an update on the
Article 32 for PFC Manning. Although the RCM 706 board is still delayed. we
expect the clearance issue to be resolved shortly. With the assistance of

the Amty G2, we are coordinating to have all foreseeable participants in the
overall court-martial process receive clearances and subsequent
read-on's for the required compartments. Your clearance is cumently valid

and you just need to be read-on.

Read-on?s will likely occur in City. I plan to give some lead time
for this and we will likely plan early morning or late in the day to
accommodate around work schedules. Assuming no critical issues in the
remaining participants I anticipate the read-ons to occur next
week and the RCM 706 to start again the following week.

If you have any questions. please send them to the entire email disuibution.
Also. my office added SF Monica Carlilc to the team and she is currently the
dedicated paralegal to all issues for this case. including providing you the
needed support as the IO. SFC Carlilc is CCed on this entail.

Thank you.


CPT Fein

Ashden Fein

CPT, JA

Chief. Military Justice

U.S. Army Military District of Washington (MDW)



02215535
27796

From:
Sent: Wednesday, February 16,2011 1:07 PM

To: Fein, Ashden CPT USA SJA





Cc: Morrow JoDean, CPT USA SJA
Carlile, Monica L. SFC USA
Matthew kemkes
Haber|and,John

Subject: Discovery Request

Attach: Discovery Request - 16 Feb 1 l.pdf

Ashden,

Please see the attached supplemental discovery request.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs
45 North Main Street, 5th Floor
Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896


mi|fn.m

Notice: This transmission, including attachments, may contain con?dential 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



02215529
27797

From:
Sent: Thursday, Febmaiy 17,2011 5:05 PM
Almanzaraul






Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes
Morrow Ill, JoDean, CPT USA
Egan, Michael CIV
SJA
Fein, Ashden CPT USA SJ A

Subject: Article 32 (PFC Manning)

Attach: Article 32 Compel Discovery .pdf

i LTC Almanza,

Please see the attached motion to compel discovery for the Article 32.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential 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

02215513
27798

From:

Sent: Thursday, February 17To: Paul Almanza

Cc: Carlile, Monica L. SFC USA SJ A





il>; Matthew kemkes
Morrow JoDean, CPT USA IF
Egan, Michael CIV


Subject: Article 32 (PFC Manning)

Attach: Attachment A.pdf; Attachment B.pdf; Attachment Cpdf; Attachment D.pdf; Attachment
E.pdf; Attachment F.pdf



LTC Almanza,
Here are the attachments to the defense motion.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896

rm i I .



Notice: This transmission, including attachments, may contain con?dential 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

02219515
27799

From: Anmamvaun ?m

Sent: Friday, February I8, 20] I I l:4l AM
To:
Cc: Carlile, Monica L. SFC USA SJA





Matthew kemkes
Morrow JoDean, CPT USA
Egan, Michael CIV



Subject: RE: Article 32 (PFC Manning)

Thank you, Mr. Coombs.
Government, any response? If so, please submit by COB on 25 Feb 11.

LTC Almanza

I I I 8
Sent: Thursday, February 17, 2011 5:05 PM
To: Almanza. Paul



LTC Almanza,
Please see the attached motion to compel discovery for the Article 32.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896




Notice: This transmission, including attachments, may contain con?dential 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



02215508
27800

From:
Sent: Friday, February 18, 2011 4:31 PM

To: Fein, Ashden CPT USA SJA





Cc: Morrow JoDean_ CPT USA SJ A
Carlile. Monica L. SFC USA JFIIQ-
SJA Matthew kemkes
Haberland,John

CPT MIL USA
Subject: Expen Request
Attach: st Expen Request.pdf
Ashden,

Please see the attached expert request.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential 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

02885132
27801

From: Fein, Ashden CPT USA SJA

Sent: 7:29 PM
To: SF-I Of?ce of the Staff Judge Advocate/OSJA
Subject: v.

Sir. One more follow-up question, do you know how much longer until we get the UNCLAS
version of the 15-6? It has been a while since I made the request. Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)



02215507
27802

From:
Sent: Monday, February 21, 201 1 8:50 PM

To: Fein, Ashden CPT USA SJA




Cc: Morrow JoDean, CPT USA SJ A
Carlile, Monica L. SFC USA JFHQ-
SJA Matthew kemkes
Haberland,John

Subject: RE: Discovery Request

Ashden,

Can you let me know when the government will be able to coordinate a SCIF for me to meet with PFC
Manning? I need at least eight days notice (ideally 14 days) so that I can purchase a reasonably priced
plane ticket.

Also, when do you want to speak about the MRE 50S(h)(1) disclosure issue? Since it is the government's
position that disclosure is not required at the 706, it should not be a problem for you to waive any right to
assert the MRE penalties for nondisclosure. Your thoughts?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential 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

02903817

27803
From: Fein, Ashden CPT USA SJA
Sent: Monday, February 21. 2011 9:00 PM
To:
Cc: Morrow Ill, JoDean. CPT USA Carlile. Monica L. SFC USA JFHQ-
Matthew kemkes; Haber1and,John CPT
MIL USA
Subject: RE: Discovery Request

David,

Your MRE 505 proposal seems fair, but we are trying to determine what precedence we are
setting with such a waiver and the potential long-term impact. we will have an answer at the
beginning of this week.

As for the SCIF, we have the FIU already lined-up, but based on our prior discussion, we are
in the process of acquiring a non-law enforcement facility. we will be using a Facility
provided by US Army INSCOM and they are currently staffing all the requirements so that there
is minimal to no administrative hurdles for when you, your team, the accused, and the 796
board arrives at the Facility.

I will contact INSCOM tomorrow to lock in a date, so you can plan your ticket.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (MDW)



02886278
27804

From: Fein, Ashden CPT USA SJA

Sent: Tuesda February 22, 2011 12:33 PM
To:
cc: hm usA usAcIoc: low USA USACIDC:

Morrow JoDean, CPT USA JFHQ-NCRIMDW Canile, Monica SFC MIL USA
?Mr CIV USA
Subject: Update

hnpo?ance:

Below is my updated lists of issues that ya?1l should be tracking. I elaborated next to some
of them. .

1. Traceroute path for data sets? Asked for this many months ago so that one of you
can get up and explain how the data was pulled and show a map of how the information moved.

2. DISA request for all info on SIPR. Don?t know if we received all the info and its
incorporated into the dB

3. interview. In the process of scheduling. we owe you whether we go or he
comes here. You owe me information to write a letter to his boss.

4. interview (24 Feb 11 at Charlottesville, VA). Scheduled

5. interview (24 Feb 11 at Charlottesville, VA) Scheduled

6. training from Gordon including how he logged on and the IP he

logged on from (Bettencourt - 3 Feb 11) (waiting on a copy of the information with
attestation certificate)

7. SIPR laptop loaner - was building a SIPR loaner for us with all the cool
tools.

8. Any leads from ?Mail.be? in Belgium?

9. DOIM User agreements from Ft Drum. we discussed getting the actual ones when we

were up there.

10. Intelligence Analyst Cheat sheet. Find it and collect into evidence, unless we already
have on his SIPR box.

11. Validate Forensic reports (references, etc.). THE MOST IMPORTANT. Your team going
through '5 reports and ensuring everything is marked properly (classification) and the
references are accurate.

12. ?Google? sipr logs. Do these exist?

13. DCGS-A server logs (at hammer and at VBC). Collect both sets of logs.

02886278
27805

14. CI Computer test in Fall 2898 satler). - mentioned they both took ?a test? in
the Fall. who did they test with and where is the test?

15. Brig recordings. we need a copy of all the brig recordings.
16. OGA Documents emailed to us. You spoke with Joe this morning about this.
17. Book analysis of ISBN 978-8-9799587-1-7. I sent an email earlier today about this.

18. PRIORITY: Full list of all classified evidence (added to the digital evidence list).
we spoke on Friday about this.

Thanks!

Ashden

Ashden Fein
cor, JA
Chief, Military Justice

U.S. Army Military District of Washington (MDN)

02907632
27806

From: Fein, Ashden CPT USA SJA
Sent: Thursda February 24. 2011 7:35 AM

To: *@aodiis.mn'

Subject: Chat

Sir. Are you available to chat today. Thx.

Ashden Fein
CPT, JA

02187733

27807
Fro-I-= ?@dodiis%mH>

Sent: Thursday, Febmary 24, 2011 9:07 AM

. To: Fein, Ashden CPT USA SJA
1 Subject: RE: Chat



Sure. What time??



02187730

27808

From ?@dodiis?miI>

Sent: Thursday, February 24, 201 1 11:25 AM
To: ein, Ashden CPT USA SJ
Subject: RE: Chat

"Easy," replied IRTF to your request for their team will research, and we'll push
something to you by the end of the day.

021 87726

27809

From: ?@dodns.mu>

Sent: Thursday, February 24, 201 1 3:48 PM

To: Fein, Ashden cm USA SJA
Subject: FW: Chat

Ashden, FY SA. I don't have it yet. But they're working on it. It may not be ready until ?rsl thing Friday.

02212580
27810

From: D08 6-2 _@us.army.miI]

Sent: Thursday, February 24, 2011 4:30 PM

To: SJA
cc: om
Subject: Af?davits

Signed By:

Classification: OFFICIAL USE ONLY

Ashden- GTMO was expecting to have their affidavit signed yesterday
afternoon. I passed along your mailing address

with a request that they mail the original directly to you. CENTCOM was
also to send theirs directly.

Please let me know when you have them.

Regards

Classification: OFFICIAL USE ONLY

02912022
2781 1

From: Fein, Ashden CPT USA SJA
Sent: Thursda Febmary 24. 2011 4:57 PM

To: ir

Subject: Re: (U) Affidavits

Sir. Thank you. Hopefully they scan them first and then track them. Vr ashden

Ashden Fein
CPT, JA

02187723
27812



Sent: Friday, February 25, 2011 7:0l AM

To: Fein, Ashden CPT USA SJA
Cc= n@ .

Subject: RE: Chat

check your JWICS this morning. I just sent you the ?le. Call if there are problems or questions-

02909163

27813

From:
Sent:
To:

Subject:

Attachments:

Sir,

Fein, Ashden CPT USA SJA
Friday, February 25. 2011 3:01 PM
Almanza. Paul;
Cadile, Monica L. SFC USA JFHQ-NCFUMDW Matthew kemkes; Morrow JoDean,
CPT USA SJA: Egan. Michaei CIV

Haberland, John CPT MIL
USA
RE: Article 32 (PFC Manning)
11-Feb-25-Govemmem Response to Defense Reques1 to compel Discovery for An 32
(ManningB).pdf

Please see attached response.

v/r
CPT Fein

Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of Washington (MDW)



02896409

27814

From: Fein, Ashden CPT USA SJA
Sent: Friday, February 25. 2011 3:31 PM
To:
Cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Carlile. Monica L. SFC USA JFHQ-
Matthew kemkes; Haber|and.John CPT

Subject: RE: MRE 505(h)(1)

David,

Although we do not consider this a waiver because we do not believe MRE 5e5(h) applies in
this situation, we do acknowledge that by speaking with the RCM 706 board, the accused will
not be in violation of MRE 505(h); thus, the penalties under MRE would not be
triggered in this situation.

Based upon your request to not conduct your meetings with your client or the RCM 766
interview at the FIU SCIF, we have received formal authorization to use a U.S. Army INSCOM
facility. As of today, we are scheduling a recon of.the facility for early next week and
will solidify the schedule and logistics for using this facility by the middle of next week.
Please send me your schedule for the next three weeks (specifically when you will be
available to be down in DC), so that we can determine the soonest date to schedule your
meeting and then the RCM 766 board's interview.

we are continuing to work on your multiple discovery requests. In addition, we expect to

have the additional charge sheet presented to the command in the near future for the

commander to make a determination whether to prefer additional charges or not. I do plan on

talking to you prior to the additional charge sheet being served on your client, if one is
_warranted.

Have a good weekend.
Ashden

Ashden Fein

CPT, JA

Chief, Military Justice
U.S. Army Military District of Washington (MDH)



02215500
27815

From:
Sent: Friday, February 25, 2011 9:23 PM

To: Fein, Ashden CPT USA SJA





Cc: Morrow IH, oDean, CPT USA SJA
Carlile, Monica L. SFC USA JFHQ-
Matthew kemkes
Haberland,John
CPT MIL USA
Subject: [Suspected RE: MRE 505(h)(1)
Ashden,

Thank you for the update on the charge sheet and the clarification on the 505(h)(1) issue. Given the
government's position, unless the information turns out to be ORCON, the defense will not provide any
505(h)(1) noti?cation prior to our client speaking with the R.C.M. 706 board.

The earliest that I am available to come to D.C. would be the 7th of March. I can meet with PFC Manning
anytime during that week. I anticipate needing a full day in a SCIF in order to complete our discussions.
If that week does not work for the government, I can come anytime from the 22nd through the 25th of
March. Once you can confirm an available date, please let me know and I will make the necessary travel
arrangements.

With regards to the discovery request, I understand not being able to provide information until after you
have the approval to do so from the required OCA. However, once you have this approval, I do not see
any reason to delay discovery to the defense. Every member of the defense team has the requisite
security clearance. We are able to store classified information either at MAJ Kemkes' of?ce or with our
defense security experts. By providing timely discovery, we can adequately prepare for trial and avoid
any need for a delay.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



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



02215497
27816

From:

Sent: Friday, February 25, 2011 9:41 PM

To: Paul Almanza

Cc: Carlile, Monica L. SFC USA SJA






Matthew kemkes
Morrow I11, JoDean, CPT USA
Egan, Michael CIV





l; Haber1and,John CPT MIL USA
Fein, Ashden CPT USA SJA

Subject: [Suspected RE: Article 32 (PFC Manning)

LTC Almanza,

The defense does not believe its discovery request is either improper or premature. The government has
represented that it will be prepared to proceed with the Article 32 on 15 March 2011. Given this fact, the

defense has requested necessary discovery in order to adequately prepare for the hearing.

If the government's position is that it either lacks the necessary approval to provide discovery from the
required OCA or that it has been instructed to assert a privilege under M.R.E. 505(c), then the lack of
discovery is understandable. However, if this is not the case, then the government should provide the
requested discovery. Every member of the defense team has the requisite security clearance. We are able
to appropriately store any classified information. By providing timely discovery, we can avoid any necessity
for a delay in the Article 32 hearing.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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

02886274

27817

From:
Sent
To:

Cc:
Sumed:

Fein, Ashden CPT USA SJA
-

Morrow JoDean, CPT USA SJA
updau

I hope your weekend is going well. Is it possible for us to meet next week to discuss the
next step of receiving OCA approval to use the processed information in Trial? Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington

02911630
27818

From: Fein, Ashden CPT USA SJA

Sent: Saturday. February 26, 2011 4:47 PM

To: Paul Almanza

Cc: . Carlile, Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow JoDean,

CPT USA JFHQ-NCRIMDW Egan. Michael JFHQ-NCRIMDW
HaberIand,John CPT
USA
Subject: RE: [Suspected RE: Article 32 (PFC Manning)

Sir,

we agree with the defense-if the prosecution receives authorization to release classified
documents to the defense, then that information will be immediately given to the defense.
The United States has not received any approvals to release classified information to the
defense, therefore it has not occurred. Although these requests have been working through
the USG, they are not approved yet. we are aggressively pursuing each Original
Classification Authority (OCA) for their approval and whether we must assert the MRE 505
privilege over the information.

Below clarifies my previous email that the "United States expects the Article 32 to be ready
to start by 15 March 2011, absent any additional delays.? Currently many different
administrative and substantive processes are occurring, including the defense's requested RCM
706 board, OCA reviews, etc. Each of these play a factor in the ultimate re-start date for
the Article 32. Prior to the Article 32 proceeding, the RCM 796 board must be completed.
Prior to its completion, the defense counsel requested to meet with his client in a SCIF,
which was different than the SCIF previously designated by the convening authority. All of
these factors, along with the OCA reviews, contribute to the re-start date of the Article 32.

Notwithstanding all the administrative and substantive processes referenced above, the United
States recognizes its duty to produce witnesses and evidence for use at an Article 32
investigation in order to ensure the investigation is thorough and impartial under RCM 405.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MUN)



02885128
27819

From: Fein, Ashden CPT USA SJA

Sent: Sunda . Febma 27. 2011 7:24 PM

To: USF-I Of?oe of the Staff Judge Advocate/OSJA
Subject: RE: US v. PFC BM

unponance: l?gh

Sir. Thanks. My SJA directed me to get an estimated time. I don't know if this will help,
but I originally requested the information back before the New Year and it has been bounced
between different personnel.

All we need is the original 15-6 re-scanned on NIPR (High resolution) and sent to us. There
is a two-page document that is classified, which is MG Garrett's approval memo. The last
step is for the Security folks review that memo and determine whether it is actually
classified. If so, then there will be an additional step, to follow. If not, then please
re-send that memo on NIPR.

Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MON)
3

02911601

27820
From: Fein, Ashden CPT USA SJA
Sent: Sunday. February 27. 2011 9:32 PM
To:
Cc: Morrow JoDean, CPT USA Canile. Monica L. SFC USA JFHQ-
NCRIMDW Matthew kemkes; Haberland,John CPT

Subject: RE: [Suspected RE: MRE 505(h)(1)

David. I assume my response to the Art 32 I0 is sufficient to answer your last point. BLUF:
we agree. Once we get the approvals, you will receive or have access to the information. It
is our intent to get you as much information as soon as possible, so long as it does not
violate security rules or further harm national security.

we will meet with INSCOM early this week to ensure we have the proper facility and it
provides your client with the appropriate amount of protection, both for his physical
security and also shield him from the general public to minimize any potential embarrassment.
we will work to get your meeting the week of 7 Mar so we can keep the RCM 766 moving.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)

02910527

27821

From:
Sent
To:
Cc:

Subject:

hnponance:

Fein, Ashden CPT USA SJA

Monda Febma 28. 2011 7:20 AM
?ew USA CIV us USA USACIDC
CIV IV Morrow m, JoDean, USA

Carlile, Monica L. SFC USA SJA
a?bi




f?gh

Gents. One more to add to the list of priorities, in order:

1. Complete list of all classified evidence or enclosures to the CID report (including
what OCAs we know they belong to).

3. Chat logs classifications?

4. Verifying the forensic reports are accurate with their reference to enclosures, etc.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Nashington (Mow)

02215492
27822

From:
Sent: Monday, February 28, 2011 10:08 AM

To: vaunanmanmm

Cc: Carlile, Monica L. SFC USA SJA

Matthew kemkes

Morrow Ill, JoDean, CPT USA
Egan, Michael CIV









I-Iaberland,John CPT MIL USA
Fein. Ashden CPT USA SJA

Subject: [Suspected RE: Article 32 (PFC Manning)

LTC Almanza,

The defense understands that without OCA approval, the government is limited in what it can provide in
discovery. The defense, however, is unclear how this determination would impact other discovery
requested such as the following:

a) The T-SCIF accreditation packet for FOB Hammer;

b) CCIU, USACID Investigative File and any subsequent case file detailing CID's investigation (we
currently only have the ?le report from CID dated 23 June 2010);

c) A complete copy of any emails or memorandums relating to the preferral of charges in this case;

d) The complete IM chat logs provided by Adrian Lamo;

e) Names and contact information for all government investigators who have participated or who are
presently participating in the investigation of this case;

f) LTG Caslen's report submitted to the Secretary of Defense;

g) Recorded audio or video footage of PFC Manning in Kuwait and Quantico;

h) Other government investigations as referenced by the Secretary of Defense regarding joint
investigations by the military, the Department of Justice, the Department of State, the Central Intelligence
Agency, and the Federal Bureau of Investigation;

i) Any and all documentation related to President Barack Obama's order for a government wide-review of
how agencies safeguard sensitive information;

j) Any and all documents or observation notes by the Quantico con?nement facility relating to PFC
Manning;

k) The results of the 15-6 investigation into the government's improper release of classi?ed information
to the defense and whether the government looked into the referenced areas of additional possible
spillage;

I) Any inquiry and testimony taken by the House of Representative oversight committee led by
Representative Darrell Issa; AND

m) The names of soldiers who have been ?agged related to this case, the nature for why they were
?agged, who imposed the ?ag, and any other derogatory information in support of the flag.

Obtaining the above discovery in a timely manner will aid in to overall processing of this case. It will also
assist the defense in identifying relevant witnesses for the Article 32 hearing.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor
Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282





0221 5492

27823


mi|fn.m

Notice: This transmission, including attachments, may contain con?dential 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



021 84288

27824

From:
Sent
To:

Cc:

Subject:
Signed By:

Follow Up Flag:
Flag Status:

IV USA USACIDC

Monday,'February 28, 2011 11:28 AM
Fein, Ashden CPT USA Morrow Ill, JoDean, CPT USA JFHQ-
SJA




?:Iv IV Carlile, Monica L. sr=c USA
CIV us USA USACIDC
RE: alibi iuNcLAssu=I

us.anny.miI



Follow up
Completed

Classification: UNCLASSIFIED

Caveats: FOUO

Ashden,

Status on your need to talk.

1. Complete list of all classified evidence or enclosures to the CID
report (including what OCAs we know they belong to).

I should have this done tomorrow morning.

02184288
27825



3. Chat logs classifications?

we have a proposed COA and would like to discuss at your convenience.
Sooner is better than later.

4. Verifying the Forensic reports are accurate with their reference to
enclosures, etc.

we also need to discuss this, as I am not sure which version you reviewed.

Ashden Fein
CPT, JA
Chief, Military Justice

U.S. Army Military District of Washington (Mow)

Classification: UNCLASSIFIED
Caveats: FOUO

02219505
27826

Nmw-a~ 980'

Sent: Monday, February 28, 201 I 6:05 PM
To: Fein, Ashden CPT USA
SJA
Cc: Carlile, Monica L. SFC USA SIA




Matthew kemkes
Morrow .loDean, CPT USA
Egan. Michael CIV



Haberland,John CPT MIL USA

Subject: RE: Article 32 (PFC Manning)

Mr. Coombs, CPT Fein -

As CPT Fein has noted, I have not been provided with any evidence for consideration in this case. Other than procedural
documents such as my appointment memorandum and various emails since last August, the only documents I have so
far received are a charge sheet and PFC Manning's ERB. I received those documents on 4 August 2010.

Until such time as I receive additional information from the Government, lwill be unable to make a preliminary
determination of what witnesses will be produced at the hearing and what other evidence will be considered. Once I
make that determination and provide notice to the defense of the witnesses and evidence that I intend to consider via a
memorandum notifying the defense oi the hearing, the defense will have the ability to request the production of other
witnesses or evidence at the hearing and we will go from there.

In one of my recent emails I informed you that was anticipating being activated on or about 1 April. That date now
appears to be on or about 25 April, although I don't yet have written orders. Additionally, I will be unavailable the week
of 18 April.

Thank you.

LTC Almanza

02228319

27827



USA USF-I Office of the Staff Judge Advocate/OSJA
iraq.centcom.mil>




From:

Sent: Wednesda ,March 2, 2011 1230 PM

To: USA usr-1 omce of the Staff Judge

@iraq.centcom.mil>

Cc: Fein, Ashden CPT USA SJA
Subjectplease mention this to-tomorrow if you see him at branch chiefs.
lhaks!

02907823
27828

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, March 02. 2011 3:57 PM

To:

Cc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill. JoDean,

CPT USA
nil

Subject: Charge Sheet

Attachments: Additional Charge Sheet REDACTED LOW RES (ManningB).pdf

hnponance:

David. Attached is the charge sheet.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MOW)



.
02891811

27829


1'

I

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, March 02, 2011 11:19 PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Cc: Benesh. Samantha MAJ MIL USA MEDCOM

Morrow Ill, JoDean, CPT USA

Matthew kemkes Haberland. John on MIL

Carlile. Monica SFC JA emp ilI.Mar|a LTC MIL USA MEDCOM BAMC
Subject: RCM 706-Additional Charges (US v. PFC BM)

unponance:

Dr. Sweda,

Also, could you please provide an estimated timeline For when the RCM 796
board will be complete. The convening authority's order, dated 3 Feb 11,
gave a suspense of Four weeks to complete the board. I assume because you
have not met with the accused, that you will need an extension of time. As
per the convening authority's order, please provide an extension request.

v/r

1

Thank you.
CPT Fein

1

1

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (Mow)



0221 5474

27830

From:
Sent: Thursday, March 3, 201 1 8:33 AM

To: Fein, Ashden CPT USA SJA






Cc: Carlile, Monica L. SFC USA A
Matthew
Morrow Ill, JoDean, CPT USA
;Haberland,John MIL USA

Subject: Expert Request
Ashden,

Do you have an update for me on the latest defense expert request? I would like to have the defense
as part of the team before the R.C.M. 706 board resumes its work.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282

in rm i I .



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

02228315
27831






From: USF-I Office of the Staff Judge
iraq.centcom.mi|]
Sent: Thursda March 03 2011 9:11 AM
To: USA USF-I Of?ce of the Staff Judge Advocate/OSJA
cc: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Subject: RE: US v. PFC BM (UNCLASSIFIED)
Signed By: ?us.arn1y.mil

Classification: UNCLASSIFIED
Caveats: NONE

Ashden,

Memo is in the process of declassification, J2 has concurred and
Ad?Law is staffing for cos final determination. Next Cos meeting is
tomorrow I believe.



From: Toman, Joshua Maj USA USF-I Office of the Staff Judge Advocate/OSJA
Sent: Wednesday, March 92, 2811 8:30 PM

To: Smith, Curtis CPT USA USF-I Office of the Staff Judge


Cc: Fein, Ashden CPT USA SJA

Subject: Fw: US v. PFC BM

Importance: High

Curtis,

please mention this to COL Berg tomorrow if you see him at branch chiefs.
thaks!

02221838

From:

Sent:
To:
Cc:

Subject:

27832

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Thursday, March 3. 201 1 2:07 PM

Fein. Ashden USA sm

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Morrow Ill,
0 can, - SJA

Matthew kemkcs
Haberland, John PT MIL USA Carlile, Monica FC
Hemphill, Marla LTC MIL USA

MIL USA OTJAG
MEDCOM BAMC Moore, Kevin D. CAPT
4






RE. RCM 706-Additional Charges (US v. PFC BM)

Classi?cation: UNCLASSIFIED

Caveats: NONE
Sir and ALCON:

We have a date of I March fortlic imcnicu at the SC IF. beginning at 0830. Tell us if this will work?

r.

Michael Swcda. Pl: D.. ABPP (Forensic)
Board-Ccni?cd Forensic
(Thief. Foncnsic Sen-ice



Director. Forensic P$'cholog\ Fellow ship Walter Reed Anny Medical Center

"The United Slalcs themselves are essentially ihe gncalesl poem.
Past and present and future arc not disjoinod buljoincd."

27833
From:
Sent: Thursday, March 3, 201 I 8:55 PM
To: Fein, Ashden on USA sm
Cc: Carlile, Monica L. SFC USA SJA




Matthew kemkes
Morrow JoDean, CPT USA

Subject: [Suspected SCIF

Ashden,

Any update on when I will be able to use a SCIF to speak with PFC Manning? Also, once we identify the

date, I would like to have PFC Manning pulled out the day before to meet with me at MAJ Kemkes' office.

Finally, I wanted to alert you to a couple of issues with the confinement facility. First, they are requiring
Manning to strip naked at the end of the day and then to stand at attention naked during the 0500 DBS
review. I can't imagine the reason for this to happen. Second, the facility has been using a wireless
headset for his telephone conversations. Besides being insecure, the quality of the connection is
compromised.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282


wmw4Mmc

Notice: This transmission, including attachments, may contain con?dential 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

02891717

27834

From: Fein. Ashden CPT USA SJA

Sent: Thursday, March 03, 2011 10:13 PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Cc: Benesh, Samantha MAJ MIL USA MEDCOM

Morrow JoDean. CPT USA

Matthew kemkes Haberiand, John CPT MIL
Cartile. Monica SFC MIL USA Hemphill, Maria LTC MIL USA MEDCOM
Moore. Kevin D. CAPT

Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

Dr. Sweda. we conducted the leader recon of the SCIF and Found the proper conference and
building just north of Ft. Belvoir, in Alexandria. will you and the board be able to conduct
the interview on a Saturday? Although we do have access to the building during the week, we
would like to minimize PFC Manning's exposure to the public during his transportation and
ultimately his travel throughout a USG contracted building during the process. we would also
like to use this building on a Saturday, so that the board and PFC Manning are more relaxed
going to an area that will be pedestrian-free.

Please let me know whether this is possible. Thank you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (MUN)



02889691

27835

From: Fein, Ashden CPT USA SJA

Sent: Thursday, March 03, 2011 10:23 PM

To:

Cc: Car1iIe, Monica L. SFC USA Matthew kemkes; Morrow Ill, JoDean,
CPT USA


Subject:

David. Below are answers or comments to your emails today.

1. we completed the leader recon of the SCIF location and secured an ideal location. It's

ideal because it's in a building that will provide PFC Manning with very little exposure to
third parties and is large enough to accommodate the defense team and the RCM 706 board. The
location is just north of Ft. Belvoir, in Alexandria. we are planning on using Saturdays for
the SCIF access to minimize the 3d party pedestrian traffic, because this facility is shared
by the USG although belonging to the US Army INSCOM. The latrines are nearby and the access
procedures will be easier for you and your team, compared to other locations.

2. we will schedule PFC Manning to be at MAJ Kemkes office the Friday before the SCIF
meeting. we expect to have the Saturday schedule tomorrow and will immediately contact you to
figure out when you will be available to come down.

3. Please send us who, from the defense team, will be participating in the SCIF meeting
with PFC Manning.
4. we are working on your expert request. The convening authority has been TDY and on

leave, although we are in contact with him. we are working with the medical folks to
determine the availability of an expert, so that we can present the request to the convening
authority. we expect to have an answer by the middle of next week, which should be well
before the RCM 786 board resumes its work- based on the SCIF arrangements.

5. we will work to determine the reason for PFC Manning being required to ?strip naked at
the end of the day?.
6. we will work to determine what the situation is concerning the wireless headset

telephone. Is this only when you and the defense team calls, for all his calls?

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (MDH)



0221 5469

27836

From:
Sent: Thursday, March 3, 2011 10:59 PM

To: Fein, Ashden USA sm










Cc: Benesh,Samantha MAJ MIL USA MEDCOM MAMC
Morrow JoDean, CPT USA
Matthew kemkcs
IIaberland,John
CPT MIL USA Carli e,Mon1ca SFC MIL USA OTJAG
Hemphi|l,Marla LTC MIL USA MEDCOM BAMC
Moone,Kevin D. CAPT
Sweda,Michael Dr CIV USA MEDCOM
Subject: [Suspected RE: RCM 706-Additional Charges (US v. PFC BM)
(UNCLASSIFIED)
Ashden,

I will need to coordinate with Mr. Ganiel and Mr. Hall, but I would prefer to have both of them at the SCIF
meeting. If scheduling conflicts prevent this from happening in a timely fashion, I will go with just one of
my security experts. which Saturday are you looking at having access at the

With regards to the wireless headset, I do not know if it is used for all of his calls. He has used it during
my conversations with him. The first time was yesterday.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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

02188686

27837

Fr?m= ?@statc-sov>

Sent: Friday, March 4, 2011 12:56 PM

To: Fein, Ashden CPT USA SJA Morrow

Ill, loDcan, CPT USA SJA

Cc: _43statc.sov> .

Subject: OCA Memos

Ashden and Joe,

Thanks for the meetini iesterdail and for takini the time to answer our iuestions. You can address the memos to my boss.-

We had just a few requests for tweaking the language in the samples and/or adding language, if possible. They?re prirnarily aimed at
clarifying some of the protections we discussed yesterday. Happy to discuss these more by phone, and let me know if any would be
problematic.

Memo re: Request for Consent to Disclose Classi?ed Info to Defense

Purpose can you add in two points of assurance here, so that our folks see them upfront? First would be a reference to the
fact that the defense team is cleared, e. g. at the third line: ?in your department or agency to PFC Marming?s appropriately
cleared defense Second would be a reference to the protections described in paragraphs 3 and 5, e. g. after ?defense
team". insert

Use at trial Is it appropriate to say that use in trial of classi?ed infomiation turned over in discovery requires authorization
of the military judge? If so, could you say this (as a summary to the more detailed evidentiary nrles that follow) after the
first sentence under this heading? E.g. something like: ?Conseming to the disclosure of classi?ed infomtation to defense
during discovery does 53 authorize the use of this information or material by the defense during trial.
use of such infonnation at trial would require speci?c authorization by the military judge in accordance with the following
Under MRE . .

Protection of Classi?ed Infomiation as we discussed, it?d be great to have the protective order attached. Just for our
knowledge, what does it mean for info to be ?tested?? (subparagraph d)

Meg; 5: Rguest for Classification Review

Could you add in a section, similar to the one in the discovery memo. describing parameters for use at trial? I see that some
of this info is under ?Future requests," but think it would help to set this info out separately as it?s what our decision makers
will be most cemented about. Here, we?d want to have assurance not only that the defense must seek authorization to use
classi?ed info at trial as described in the other memo, but also that the prosecution would use classified info at trial only
subject to closure of those portions of the court manial to the public and/or other appropriate protections consistent with the
evidence?s classi?cation.

Future requests the description of the request in the ?rst sentence sounds a bit open-ended. Could you tie it back here to
the Enclosures? E.g. after ?which is expected to be used at trial" say ?as set forth in Enclosures 1 and

Protection of Classi?ed Infomtation could you add in the same subheading language under ?Retain Classi?cation" as in
the discovery memo? (Assuming we're right to understand that authorization to use at trial would not affect classi?cation.)

thanks,

U.S. De rtment of State



SBU
This email is UNCLASSIFIED.

02215466
27838

From:
Sent: Friday, March 4, 20] I 4:50 PM

To: Fein, Ashden CPT USA SJA






Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes
Morrow JoDean, CPT USA
Subject: [Suspected RE: SCIF
Ashden,

Any update on the SCIF meeting? I want to make sure I have time to coordinate the schedules of my
experts and the needed travel.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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

02889688

27839
From: Fein, Ashden CPT USA SJA
sent: Saturday. March 05. 2011 11:48 AM
To:
Cc: Carlile. Monica L. SFC USA Matthew kemkes; Morrow JoDean,

CPT USA JFHQ-NCRIMDW SJA

Subject: an no

David. Good morning. As per our previous conversation and emails, we received authorization
to use the SCIF on Saturdays to minimize the accused?s exposure to third parties. The SCIF
is available any Saturday after today. Please look at the calendar and let us know when the
soonest Saturday you can be here, so that we can schedule the conference room, security
detail, the accused?s meals, and the Friday before meeting at Myer. once you send that
information, then we will coordinate the RCM 706's meeting in the SCIF.

we spoke with the Brig about the removal of the accused's underwear at night. His underwear
was taken from him because of a specific statement that he made to Papakie at the Brig.
After he was served his new charges and MAJ Kemkes left the Brig, the accused asked why all
of his items were taken at night with the exception of his underwear under POI status.
According to the Brig officials, the accused then talked about the elastic band in his
underwear and how that would be "probably the most dangerous piece" of clothing or words to
that effect. Papakie believed that the accused was insinuating that he could harm
himself with the elastic band on his underwear and discussed the issue with the accused.
After this conversation, the Brig staff took this threat seriously and believes that the
accused may have had recent thoughts or ideas as to the uses of the elastic band from his
underwear to harm himself. The Brig staff removed his underwear to ensure that he does not
harm himself. The next time you speak with your client, please ensure that he understands
that any comment that could be reasonably construed as an intimation that he might harm
himself, will be taken very seriously by the Brig staff, because their primary mission is to
ensure the accused?s well being and safety.

In addition, the accused was instructed to cover himself with his blanket during the morning
"stand-to.? Despite the Brig staff allowing him to cover-up during this morning process, he
elects to stand naked in his cell rather than to cover himself with his blanket.

COL Malone was on emergency leave the day the accused was served with additional charges;
however he came back yesterday and visited with the accused. Also, COL Malone is still
working the accused?s request to have a female mental health provider.

we are still working on the portable phone issue you brought up this past week. Despite the
quality of the phone call, there is no monitoring of any communications between members of
the defense team and the accused.

Ashden



02889688
27840

Ashden Fein

CPT, JA

Chief, Military Justice

Military District oF Washington (MDN)



02219995

27841
From: USA
Sent: Monday, March 7, 201 I 6:17 PM
To: Fein, Ashden CPT USA SJA
Subject: RE: IS-6 - "Read Ahead" (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

I an answer within the next 24-48 hours. 2

COL. JA





Voice - Primary
Voice - Seconda
Fax
Blackbe

Mailing Address:
901 N. Stuart Street, Suite 300
Arlington, Virginia 22203-1837





?--Original Messagc??

From: Fein, Ashden CPT USA SJA


Sent: on y, an:

To:

Subject: I5-6 - "Read Ahead? (UNCLASSIFIED)

Thanks sir.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDW)





'nal Mcssa

Subject: 15-6 - ASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE



The prosecutors (and CCIU - Computer Crimes Investigative Unit) have
requested an "advance copy" of the 15-6 to review and prepare for the
discovery requirements in U.S. v. Manning. I see no reason they can't

02219995
27842

have such a copy provided it is not officially released umil OGC and
HQDA have provided a formal release to t. McNair. That said - I
am not the release authority and was wondering what you each thought.

Below is the request.

Thanks,

- MDW Request for ?Read Ahead? Copy of the 15-6 Below
Sir,

The prosecution submitted througl'? a request for a full copy
of LTG Caslcn's AR I5-6 investigation and all its allied documcms,
along with other collateral documents. COL Bradley is planning on
forwarding that request to the proper authority. Assuming that request
will take a while to process, is it possible for the prosecution and CID
to have a copy of the ?nal investigation (without allied documents) so
that we can start reviewing and processing the many pages, in
anticipation of receiving the formal copy? I do not want to delay the
discovery process and going through this investigation will take a
substantial amount of time. This copy will NOT be distributed outside
of the prosecution team or CID. Thank you.

v/r


Fcin
CPT. JA

Chief, Military Justice
U.S. Army Military District of Washington (MDW)





- MDW Request for ?Read Ahead? Copy of the l5-6 Above --

JA



Voice - Prim
vet - om osnjraxjosw
Blackbeny Mailing Address:

901 N. Stuart Street, Suite 300
Arlingtorg Virginia 22203-1837

Classi?cation: UNCLASSIFIED
Caveats: NONE

Classi?cation: UNCLASSIFIED
Caveats: NONE

02215434
27843

From:
Sent: Tuesday, March 8, 2011 9:27 AM

A To: Fein, Ashden CPT USA SJA





Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes


Haber and,John CPT MIL USA
Subject: Expert Request
Attach: Mitigation Expert Request .pdf; 2011 Fee Schedule (1).pdf; Juliet Current CV MARCH

2011.pdf
Ashden,

Please see the attached expert request. Feel free to call me if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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

i 02221832










27844
From. Sweda, Michael Dr CIV USA MEDCOM WRAMC

Sent: Tuesday, March 8, 2011 ll:04 PM
To: Fein, Ashden CPT USA SJA
Ce: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Morrow Ill,
0 can, - DW SJA
Matthew kemkes
llaberland, John ar I e, Monica .
MIL USA OTJAG Hemphill, Marla LTC MIL USA
MEDCOM BAMC Moore, Kevin D. CAPT
Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

Classi?cation; UNCLASSIFIED
Caveats: NONE

Sir: We would like to do the on Saturda_\' 26 March. This is the only Saturday muilabulity for all three board members.

Hopefully CAPT Moore can make it as well.

Michael Sweda

02911518

27845

From:
Sent:
To:
Cc:

Subject:

David,

Fein. Ashden CPT USA SJA

Wednesday, March 09, 2011 1:22 PM



Carlile. Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow Ill. JoDean.
CPT USA HabeI1and,John CPT
MIL USA

RE: [Suspected RE: (UNCLASSIFIED)

Do you still want to meet with your client before the RCM 706 interviews him in the If
so and because you arranged for 25 and 26 Mar 11, please send a request through us to the
convening authority to delay the RCM 706, otherwise we will need to schedule the RCM 766 to
meet on 26 Mar 11, as the soonest reasonable Saturday to meet with the accused. we want to
ensure the RCM 706 board is diligently moving Forward and not unnecessarily delaying this
process, outside the scope of the convening authority's order. Thank you.

Ashden

Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of Washington (MDN)



02215429
27846

From: coombs@armycourtmanialdef en se. com

Sent: Wednesday, March 9, 201] 1:45 PM

To: Fein, USA sm
Cc: Carlile, Monica L. SFC USA SJ A

Matthew kemkes
Morrow IH, JoDean, us?.


Haberan Jo Am

Subject: RE: [Suspected RE: SCIF (UNCLASSIFIED)

Ashden,

I don't understand your message. We have discussed the issue of the 25th and 26th being the dates that
I am meeting with PFC Manning. I sent the government several emails on this topic last month attempting
to get a con?rmed date for my visit in order to make the necessary travel arrangements.

I understand, that it apparently took some time to confirm access to a SCIF. However, despite my
repeated requests, I didn't hear anything from the government until it became cost prohibitive to
purchase a ticket. It was my desire to meet with PFC Manning this week as opposed to the end of the
month. The delay in the process is not due to the defense.

The 706 board has indicated that the 26th is the earliest that they will be able to meet with PFC Manning.
Please request the board to determine if they could see him the following week.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282

rm I .



Notice: This transmission, including attachments, may contain con?dential 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

02911511

27847
From: Fein, Ashden CPT USA SJA
sent: Wednesday. March 09.2011 1:59 PM
To:
Cc: Carlile. Monica L. SFC USA Matthew kemkes; Morrow JoDean,
CPT USA Haber1and.John CPT
MIL USA
Subject: RE: [Suspected RE: SCIF (UNCLASSIFIED)

David. we determined last week that the SCIF outside of FIU would best be used on a Saturday
and on Saturday (5 Mar) you requested the meeting to occur on Saturday (12 Mar). we spent
Monday morning coordinating this meeting and was able to get back to you, but not before you
scheduled your flights for two weeks from now. we are cognizant of your desire to minimize
costs, but we are trying to minimize any delays. we were ready to go this weekend (12 Mar)
and you asked us to push your meeting two weeks to the right.

the REM 706 board is soonest available for a Saturday meeting, that weekend (26 Mar). we can
request them to meet the Following weekend (2 Apr), but this request needs to be submitted to
the convening authority, based on his suspense to the RCM 706 board.

The RCM 766 board owes the convening authority a delay request based on the suspense and I
want to clarify with them the reason for this delay.

Ashden

Ashden Fein

cpr, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)





02891712
27848

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, March 09, 2011 4:30 PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Cc: Benesh, Samantha MAJ MIL USA MEDCOM

Morrow JoDean, CPT USA
Matthew kemkes?; Haberiand. John CPT MIL
Cariile. Monica SFC MIL USA OTJAG: Hemphill, Marla LTC MIL USA MEDCOM
Moore, Kevin D. CAPT

Subject: RE: RCM 706?AdditionaI Changes (US v. PFC BM) (UNCLASSIFIED)

Dr. Sweda.

Thank you. I do not know how long you anticipate the interview will take, but i? possible,
can the board start at 1490 that Saturday? we are trying to coordinate the deFense to meet
with their client that morning be$ore the interview and to tinish the SCIF meetings as soon
as possible. Please advise.

Thank you.

V/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (MDN)



02910362



27849

From: Fein, Ashden CPT USA SJA

Sent: 2011 6:01 PM

To: A USCENTCOM
Cc: SA OTJAG

Subject: Apache Video

unponance: Huh

Sir. Good evening. Could you please provide me with an update on the instructions or
directive that lining out of the classification marking is appropriate for classification
review of the video? Thank you.

v/r

Ashden

. Ashden Fein
CPT, JA
Chief, Military Justice

U.S. Army Military District of Washington (mu)

02212529
27850

From: hum OTJAG Tconus.arrny.miI1

Sent: Thursday, March 10, 2011 8:38 AM

To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Subject: (U) RE: Apache Video (UNCLASSIFIED)

Attachments: directive?2010.pdf

Signed By: mus.anny.miI

Classification: UNCLASSIFIED
Caveats: NONE

Ashden,

See attached at Section 2661.25.



Office of the Judge Advocate General of the Army, Pentagon 3D548



NIPR: conus.arm .m11
SIPR: DA-S.army.smi1.mi1
JNIC . ov

02215392
27851

From:
Sent: Thursday, March 10, 201 1 2:15 PM

To=
Cc: Greer Christopher
Ashden CPT USA SJA
Morrow JoDean, CPT USA SJA

Carlile, Monica L. SFC USA
Matthew kemkes






l; Fein,




SJA



Paul Bouchard



Subject: Article 138 Rebuttal
Attach: Rebuttal Article 138 Complaint - Quantico.pdf

Sir,

Please see the attached Article 138 rebuttal. The defense requests that you address this issue as soon as
possible. If you have any questions, feel free to contact me at (401) 744-3007.

Respectfully,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential 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

02911959
27852

From: Fein, Ashden CPT USA SJA
Sent: Thursda March 10 2011 8:01 PM

To: USA OTJAG
Subject: RE: (U) RE: Apache Vndeo (UNCLASSIFIED)

Thanks sir. They are still refusing to produce the document themselves.

Break.

I have not heard ~From? with reference to ?documents.

Can you please assist? Also, I assume the DA G2 can authorize release 0?
the CI investigation involved in this case. If so, is it possible to
receive a CD of the case File so we can turn that over, once we get the
discovery approval? A1though? sent me many emails For the
SecArm 1S-6, I would like to ick a ristine cc of the case file



Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (Mow)



02212525
27853

From: USA OTJAG ?@conus.anny.mil]
Sent: Friday, March 11, 2011 8:11 AM

To: Fein. Ashden CPT USA SJA

Subject: ache Video (UNCLASSIFIED)

signed By: @us.army.mi|

Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: NONE

1. which entity is refusing to produce the video?
2. I will get the OK on the release of the CI investigation early next week

when? returns From leave. Should not be a problem. we Find 15-6. Do you mean the? 15-6? Do you need a copy
it?



Office of the Judge Advocate General of the Army, Pentagon 3D548



02221827

From:

Sent:
To:
Cc:

Subject:

27854

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Friday, March ll, 20]] 8.43 AM

Fein, Ashden us/x SJA

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Morrow Ill,
0 can, . - DW SJA

Matthew kemkes

Haberland, John -C
USA OTJAG SA
MEDCOM BAM -

RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)







ar i e. omca
arla LTC MIL






Classi?cation: UNCLASSIFIED

Caveats: NONE

CPT Fein:

We would like to be able to ?nish this in one day. especially given that this is occurring on a Saturday. A I400 Slil? time will clearly
not pemiit completion of the cvuhizition in one day. We can have an 0900 sum time on :1 or revert to the imemew occurring
on a regular work The suggested date of 26 March should allow more than sufficient time for pre-eraluzition consultation to





Michael Sweda, Ph D.. ABPP (Forensic)
Board-Ceni?cd Forensic
Chief. Forensic Service



Director. Forensic Fellowship Walter Reed Army Medical Center

"The United States themselves are essentially the greatest poem.
Past and present and future are not disjoincd butjoined."

02186964
Fn ay, Marc 11,2011 2:26 PM
I usdo?. ov>'
I
I usdoj.gov>;

I usdoj.gov>;

(D s.army.mil>;
Fein, Ashden CPT USA SJA
Morrow JoDean, CPT USA JFH -

27855

From:
Sent:
To:












SJA












I
I ic.fbi.gov>;
I usdoj.gov>;
@usdoj.gov>
Subject: Meeting Wed, Mar 16, 2:00 EDVA

I ic.fbi.gov>'




As discussed, we will have a meeting at EDVA to provide updates on the progress and activities of CID and FBI
investigations.



FBI Washington Field Office

office:
mobile



02907640

27856

From: Fein, Ashden CPT USA SJA

Sent: Frida March 11 2011 6:58 PM

To: how USA us.arm .mi|

Cc: Morrow m, JoDean. CPT USA CIV us USA

USACIDC
Subject: RE: chat
hnponance: l?gh

The prosecution requests that your team conduct an admin review of all classified information
in the case file over the weekend, to include evidence and exhibits. This review should
specify by MFR or other documents the exact contents of all CD5, DVDs, thumb drives,
including the file name and short summary of the overall contents (similar to what is already
provided). This request does not include the hard drives collected into evidence.

The purpose of this request is so that the prosecution can provide each OCA the exact
information we are requesting to be discovered to the defense during the court-martial
process. Specifically, some documents and information on removable media will be turned
over; however, some documents and information are not relevant or necessary to the case, thus
not turned over.

The prosecution needs to get these requests out NLT Monday, 14 Mar 11 at 1200hours and need
the MFRS NLT 13 Mar 11, 1800hours.

If you have any questions, please call and ask. We will be working this weekend to get the
requests completed less the MFRs and evidence exhibit lists.

Thank you.
Ashden
Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of Washington (MD)



02891797

27857

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 14. 2011 7:46 AM

To: Sweda. Michael Dr CIV USA MEDCOM WRAMC

Cc: Benesh. Samantha MAJ MIL USA MEDCOM
Momow JoDean, CPT USA
Matthew kemkes Haberiand, John CPT MIL
Canile. Monlca L. SFC - emphill. Marla LTC MIL USA
MEDCOM

Subject: RE: RCM T06-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

Importance: High

Dr. Sweda,

Good morning. The defense counsel is planning on meeting with the accused on Saturday, 26
March. will the board be available to meet on Saturday, 2 April at 0900? If not, and in an
effort to have the board complete its mission as soon as possible, we will try to find
another SCIF For the board to meet during the week, after 26 March. The command can
accommodate a weekday meeting between PFC BM and the board; however, the command can better
provide security and privacy of the accused on a Saturday.

Also, does the board require the accused's movement to HRAMC or another facility For any
testing, IAN the convening authority's order?

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

02891790
27858

From: Fein, Ashden CPT USA SJA

Sent: Monday, March 14, 2011 8:47 AM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Cc: Benesh, Samamha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA
Matthew kemkes; Haberland, John CPT MIL
Car1ile. Monica L. SFC - Hemphill. Marla LTC MIL USA
MEDCOM I

Subject: RE: RCM 706-Addmona arges v. BM) (UNCLASSIFIED)

Importance: High

Sir,

Thank you. we will start making arrangements for the board to meet in another Facility that

provides security and privacy of the accused. Could you please send me the soonest date,
after 26 March that the entire board is available.

Also, does the board require the accused's movement to NRAMC or another facility for any
testing, IAN the convening authority's order?

v/r
CPT Fein

Ashden Fein

CPT, JA

02219499
27859

From: Armanzz-.Pau1m

Sent: Monday, March 14, 201 I AM
To: Fein, Ashden CPT USA
SM
Cc: Carlile, Monica L. SFC USA SIA

Matthew kcmkes
orrow Ill, JoDcan, CPT USA
Egan, Michael CIV






HaberIand.John CPT MIL USA



Subject: RE: Article 32 (PFC Manning)

All-

The last information I received on potential timing regarding this matter was that there was a 3 March suspense for the
sanity board being completed, and the government anticipated three days to present evidence and believed they would
be ready to begin on 15 March. It goes without saying that at least some of this information is no longer current.

Government, recognizing you may not be in a position to provide hard estimates, I would appreciate any updates on
timing that you can provide.

Thank you.

LTC Almanza

02221813

From:

Sent:
To:
Ce:

Subject:

27860

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Monday, March 14, 20ll l0;34 AM

Fein, Ashden CPT USA SJA
Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Morrow Ill,
JoDean, CPT USA SJA
Matthew kemkes
l-laberland, John CPT MIL USA
USA SJA
Marla LTC MIL USA MEDCOM

21

RCM 706-Additional Charges (US v. PFC BM) (UNCLASSLFIED)







Carlile, Monica L.
Hemphill,


I).

Clzissi?catioii: UNCLASSIFIED

NONE

Sir:

Yes. no ill arrange for an appointment for neurological and bmin iinaging. Could you please provide several dates and

times that PFC Manning could be seen at

Also. our forensic repons are not put into AHLTA. I assume there would be no objection to the results of the neurological

being placed in The brain imaging and neurological exaluation are medical and not forensic findings.



Michael Swcda. Pli.D.. ABPP (Forensic)
Bozird-Certi?ed Forensic Psyeliologist
Chief. Forensic Semee



Director. Forensic Psyeliolog} Fellowship Walter Reed Amiy Medical Center

"The United States tlicrnselves are essenti:ill_\ the greatest poein
Past and present and future are not disjoincd bnljoinod.?

02891781

27861
From: Fein, Ashden CPT USA SJA
Sent: Monday. March 14, 2011 10:55 AM
To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Cc: Benesh, Samantha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA
SJA: Matthew kemkes: Habenand, John CPT MIL USA:
Carlile. Monica L. SFC - DW Hemphill. Maria LTC MIL USA
MEDCOM
Subject: RE: RCM 70&AdditionaI Chatges (US v. PFC BM) (UNCLASSIFIED)
Sir,

Please follow all normal procedures For capturing medical tests (including inputting the
inFormation in AHLTA). The only information that needs to be removed is classified
information From the interview, pursuant to the convening authority's order.

we can move PFC BM any day that you schedule his appointments, so long as we are given four
duty days notice, to coordinate the move and security. Please let us know which days you plan
on moving him, and we will schedule.

Also, because the board did not meet the suspense to complete the board, please provide a
request to the convening authority to extend the suspense with your best estimate of its
completion date. If possible, please provide this request today so that we can get
it to the convening authority.

-Break-

In future correspondences, please refer to PFC BM using the accused or an abbreviation, e.g.
PFC BM or BM. This request is For security purposes.

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

02909177

27862
From: Fein. Ashden CPT USA SJA
sent: Monday, March 14, 2011 10:58 AM
To: Alrnanza, Paul;
Cc: Cadile. Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow JoDean,

CPT USA Egan, Michael CIV SJA:
Haber1and.John CPT
USA
Subject: RE: Adicle 32 (PFC Manning)

Sir,

Good morning. The United States arranged for a SCIF to be used by the defense and sanity
board. we are still in a holding pattern until the defense and the sanity board meet with
the accused in the SCIF. Currently the defense is scheduled for 26 March 2611 and the sanity
board owes us the first available time after the 26th. Once those meetings occur, then we
will have a better estimate of when the Article 32 will re-start.

-8reak-

In future correspondences, please refer to PFC BM using the accused or an abbreviation, e.g.
PFC BM or BM. This request is For security purposes.

V/r
CPT Fein

Ashden Fein
CPT, JA

02884804
27863

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda ,March 14, 2011 11:00 AM

To: SF-I Of?ce of the Staff Judge -

SF-I Office of the Staff Judge AdvocatelOSJA

Cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA

subject: RE: US v. PFC BM (UNCLASSIFIED)

Importance: High

8,

Do you have an update on the status of the prosecution receiving an unclas
version 01? the 15-6? I owe my SJA an update. Thank you.

v/r?
Ashden

Ashden Fein
CPT, JA

02225072

27864

1 From: USF-I
Sent: Monday, March 14, 2011 11:10 AM
To: Fain, Ashden CPT USA USF-I Of?ce of
the Staff Judge Advocate/OSJA
cc: Morrow JoDean, CPT USA SJA

Subject: RE: US v. PFC BM (UNCLASSIFIED
Sined By:

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,

Just received an email yesterday from the Ad-Law Chief stating they are
still waiting for declassification.

V/r,



02907667

27865

From: Fein, Ashden CPT USA SJA

Sent: Manda ,March 14, 2011 1:13 PM
To: USF-I Of?ce of the Staff Judge Advocate/OSJA
Sumed: ca

Sir. Can you please call my BB 11" you get a chance, want to give you a heads up about
something. Thanks. .

Ashden

Ashden Fein

CPT, JA

02225071
27866

From. USA Office of the Staff Judge Advocate/OSJA
:raq.centcom.mil>
Sent: Monday, March 14, 20] I l:2O PM
To: Fein, Ashden CPT USA S.

Subject: RE: chat

Thanks for the heads up and hope you all can get what you need soon.

02221 806

From:

Sent:
To:

Subject:

27867

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Monday, March 14, 20]! 1:23 PM

Fein, Ashden CPT USA SJA

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Monow Ill,
0 can, . . - WSJA

Matthew kemkes
Haberland, John
SFC USA SJA
Marla LTC MIL USA MEDCO


RE RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)









C|zissif'icalion; UNCLASSIFIED

Caveats: NONE

Sir:

If 26 March is not chosen. we would be available -1 April (21 Monday). or 9 April (3 Saturday

v/ r.

Michael Swcda. ABPP (Forensic)

Boand-Ccrii?cd Forensic

Chief. Forensic Ps_Vclio|ogV

Dircclor. Forensic Walter Reed Anni Medical Cciucr



"The United States themselves are essentially Ilic greatest poem.
Past and present and future are not disjoincd buijoincd."

02907539

27868

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda .March 14. 2011 2:11 PM

To: one ome

Cc: Morrow JoDean, CPT USA SJA
Subject: Chat today

Sir. Are you available to chat today? Topics:

1. DA 62 being the disclosure consent authority For DISA JIEDDO information?
2. Classification review o? the Apache video.

3. ACICA Information

a. 992d Investigation (pristine copy-on CD)



4. Classification Reviews
a.

b. CENTCOM

C. SOUTHCOM

d. DISA

Thanks.

Ashden

Ashden Fein

CPT, JA

02221799




27869

From. Sweda, Michael Dr USA MEDCOM WRAMC

Sent: Monday, March I4, 20] I 2:34 PM

To: Sweda, Michael Dr USA MEDCOM WRAMC

Fein. Ashden CPT USA
SJA
Cc: Benesh, Samantha MAJ MIL USA MEDCOM MAMC



mb
JoDean, CPT USA SJA
Matthew kemkes
Haberland, John CPT MIL USA
SFC USA SJA
Marla LTC MIL USA MEDCOM BAMC
il
Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

armycourtmartialdefense.com; Morrow









Carlile, Monica L.

Classi?cation: NCLASSIFIED
aveuts; NONE

Sir:

Another matter has been called to my attention and Ihc April date would be ox cr 4 April.



Michael ABPP (Fonmsic)

Bound-Ccni?cd Forensic

Chief. Forcnsic Scrvioc

Dincclor. Forcmic Fellowship Walter Reed Anny Medical Center





?The United States themselves are essentially the greatest pocm
Past and present and future are not disjoinod butjoincd."

02221791

From:

Sent:
To:
Cc:

Subject:

27870

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Monday, March 14, 201 I 2:50 PM

Fein. Ashden USA sm

Benesh, Samantha USA MEDCOM MAMC

.@armycourtmartialdefense.com; Morrow Ill,
Jo can, A il>;

Matthew kemkes
Haberland, John MIL USA il>; Carlile, Monica

USA SJA
Marla LTC MIL USA MEDCOM BAMC


RE: RCM 706?Additional Charges (US v. PFC BM) (UNCLASSIFIED)







Classificritionz UNCLASSIFIED

NONE

Sir:

PFC BM has an MRI scheduled at WRAMC for Wed 23 March at 1330. He ill be seen LTC Margaret ;it the
Neurology clinic on WD 61 at I I00 that same day.

As a point of clarification in of the next scheduled both LTC and MAJ arc scheduled to
present at a training on 4 April. The actixity is only scheduled to occur once throc months. and no uould like to
prescn-c that activity ifat all possible. Hence. the 9 April date (a Saturday) is preferable.

r.

Ph D.. ABPP (Forensic)

Board-Ccni?cd Forensic

Chief. Forensic Senior:

Director. Forcmic Fellowship Walter Reed Anny Medical Center



"The United States themselves are essential!) the greatest poem.
Past and present and future are not disjoincd butjoincd."



02900401
27871
From: Fein, Ashden CPT USA SJA
Sent: Monday, March 14. 2011 3:22 PM
To:
Cc: Carlile. Monica L. SFC USA Matthew kemkes; Morrow JoDean,
USA Haber1and,John
MIL USA
Subject: Issues Update
hnponance:

David. Below is a summary of on-going issues:

1. Discovery. we are still working on ensuring we answer your discovery requests. As we
prepare our responses, the status of the information changes and we are working to get as
much of your requests answered, as soon as possible.

2. Expert. we are still working on finding a to present
to the convening authority. Unfortunately, most of the leadership for the behavioral health
section was out last week. we intend to get an answer by Wednesday.

3. Headset at the Brig. Brig OIC ordered the headset in February to eliminate the cord from
the base to the handset. They did not want guards to ?stare? at pretrial confinees while

. talking on the phone. All max pretrial confinees will use this head set. No one is
monitoring the phone when the phone call is between the pretrial confinee and a person under
a privilege. The base unit is plugged into the same land line.

4. Meetings with PFC BM. we are tracking your meeting with the accused on 25 Mar at TDS,
Myer and on 26 Mar at the SCIF. At least one security expert needs to be present when you
meet with your client and when your client meets with the RCM 796 board. Please share the
RCM 706 re-start memo with your security experts, so they understand their left and right
limits.

5. Mitigation Expert. we are still working on the mitigation expert. we intend to get an
answer by Friday.

6. RCM 706 Board. Our plan was to hold the final interview on 4 April 2011 at the
however based on Dr. Sweda?s recent email, the board is not available. The final interview
will take place on 9 April 2911 at the INSCOM SCIF. Saturdays at the INSCOM SCIF afford
heightened security and the most privacy for your client (similar to the FIU).

v/r

Ashden

Ashden Fein
CPT, JA

02221783

From:

Sent:
To:

Subject:
Attach:

27872

Sweda, Michael Dr CIV USA MEDCOM WRAMC


Monday. March 14, 20] 1 3:2] PM

Fein, Ashden CPT USA SJA

Benesh, Samantha MAJ MIL USA MEDCOM MAMC
coombs ,armvcourtmartialdefense_com; Morrow
1DW SJA




0 can, I U. A -
Matthew kemkes
Haberland, John CPT MII. USA
SFC USA SJA
Marla LTC MIL USA MEDCOM BAMC

I

RE RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)
PFC BM 706 extension







;Car|ile, Monica
Hemphill,

Classi?cation: UNCLASSIFIED

Caveats: NONE

Sir?

The extension request is attached.



Michael Swcda. Ph D.. ABPP (Forensic)

Bo:trd-Cenified Forensic

Chief. Foncmic Scnioe

Director. Forensic Fellow ship Walter Reed Anny Medical Center



"The United States themselves are essential!) the greatest poem.
and present and future are not disjoincd butjomcd

02900398

27873

From:
Sent:
To:
Cc:

Subject:

David.

you .

v/r
Ashden

Ashden Fein
CPT, JA

Fein, Ashden CPT USA SJA

Tuesday. March 15. 2011 8:59 AM



Cariile, Monica L. SFC USA Matthew kemkes; Morrow Ill, JoDean,
CPT USA JFHQ-NCRIMDW 'HaberIand,John CPT
MIL

RE: Issues Update

Could you please send us your projected time requirements for the Thank

02907666
27874

From: Fein, Ashden CPT USA SJA
Sun: 1919AM

To:

Sumem: .

Sir. Are you available to chat today? Thanks.

Ashden Fein

CPT, JA

02215390

27875
From:
Sent: Tuesday, March 15, 20ll l0:lO AM
To: Fein, Ashden CPT USA SJA
Cc: Carlile, Monica L. SFC USA SJA




Matthew kemkes
Morrow JoDean, CPT USA
.il;

Subject: [Suspected RE: Issues Update

Ashden,

This is hard to predict. I imagine the time commitment would be greater at the start and again when we
get to trial.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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



02895838

27876
From: Fein, Ashden CPT USA SJA
sent: Tuesda March 15 2011 1:59 PM
To:
Cc: USA
OTJAG .
subject: RE: New Contact Information

Sir. Is there a litigation division of the OGC at DIA, if so could you
please send need to send some approval
requests to Director, DIA (or his designee) and want to figure out the best
avenue. For most agencies within and outside we go through the
litigation section, OGC For these requests. we have coordinated with all
other organizations and recently determined that we will need some
authorizations/consent from DIA. Thanks.

Ashden

Ashden Fein
CPT, JA

02903889

27877

1 From: Fein, Ashden CPT USA SJA
Sent: Tuesda March 15, 2011 2:15 PM
To: 1113;; ome
Subject: DISA POC

Sir. Do you have a POC at the OGC, Thanks. Ashden

Ashden Fein

CPT, 3A

02903923
27878

From: Fein, Ashden CPT USA SJA
Sent: Tuesda March 15. 2011 3:47 PM

To: isaJnH

subject: DISA OGC

Ma?am,

Good afternoon. I am the lead prosecutor For the case of US v. PFC BM (wiklleaks) and have
some information to Formally request from DISA. Are you available to discuss this issue on
the phone? Thank you.

v/r

CPT Fein

Ashden Fein

CPT, JA

02187720
27879

From= _@dia.miI1






Sent: Tuesday, March 15, 2011 2:30 PM

To: -
Cc:

Subject: RE: New Contact information

Signed By: DODIISMIL



Tthere is but who handles it depends on what you? are asking for-. Just send
it to me and I will Figure out who will handle it over here.

Defense Intelligence Agency







02895836

27880

From: Fein, Ashden CPT USA SJA

sent: Tuesda . March 15. 2011 4:07 PM
eciv USA OTJAG



To:
Cc:
Subject: RE: New Contact Information

Thanks sir. Any issue with the FOR line on the memo being ?Original
Classification Authority, Defense Intelligence Agency"

Ashden Fein
CPT, JA

0221 9968
27881








From: MIL USA OTJAG

Sent: Tuesday, March I5, 20l 8:33 PM

To: CIV

MIL USA OTJA us.army.mrl>
Ce: USA us.a.rmy.mil>; Fein, Ashden CPT USA
SM
Subject: MFR SecArmy IS-6 (UNCLASSIFIED)
Attach: Receipt of SeeArmy 15-6

Classi?cation: UNCLASSIFIED
Caveats: NONE

Ma'am.

Attached is the MFR from MDW documenting their understanding that an_\
read ahead/advance copy of the I5-6 Report and Allied Docs is not

subject to further release without prior rittcn approval. Once you

me the go ahead. I'll coordinate with MDW to deliver the Full

Report along all Allicds to MDW.

Thank you.



Mailing A: - less:
901 N. Stuart Street. Suite 300
Arlington. Virginia 22203-1837

02187718



27882

From: ?@dia-mill

Sent: Wednesday, March 16, 2011 8:23 AM
To: Fein, Ashden CPT USA SJA
Subject: RE: New Contact Information

Signed By:

we have several OCAS here so that won't be a problem. Depending on the
issue, we Figure out which one it goes to.

Deputy General Counsel - Operations
Defense Intelligence Agency

02891763
27883

From: Fein, Ashden CPT USA SJA

Sent: Thursday, March 17, 2011 7:57 AM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Cc: Benesh, Samantha MAJ MIL USA MEDCOM

JoDean, CPT USA
Matthew kemkes; Haberiand. John CPT MIL
carme, Monica L. SFC USA Hemphill, Maria LTC MIL USA
MEDCOM BAMC

Subject: RE: RCM 706-Additional Charges (us v. PFC BM) (UNCLASSIFIED)

Dr. Sweda,

we will present your delay request tomorrow to the convening authority. Please have the
board plan on meeting 9 April 2611 with PFC BM. Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA



02886034

27884
From: Fain, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Sunday. March 20. 2011 12:38 AM
To:
Cc: Carlile. Monica L. SFC USA Matthew kemkes; Morrow Ill. JoDean,
USA JFHQ-NCRIMDW Habet1and,John CPT
MIL USA
Subject: Update (US v. PFC BM)
Attachments: 10?Jul-O5?Origina| Charge Sheet DISMISSED REDACTED (ManningB).pdf; 11-Mar-18-

RCM 305(9) Review (ManningB).pdf; Directive to Investigate
Additional Charges (ManningB).pdf; 11-Mar-18-Bzcludable Delay Memorandum
(ManningB).pdf; Sanity Board Extension Approval (ManningB).pdf

David,

we are still working your request. we are waiting {or the supervisor of
the small pool of doctors to approve the use, so your client will get a doctor that can
provide adequate support, if approved by the convening authority. The supervisor was on
leave this week. Additionally, we are still working the mitigation expert request through
command channels and should have an answer for you next week. I would like to discuss your
request before taking it to the convening authority. Are you available on Monday or Tuesday?

Attached are a number of documents signed by the convening Authority yesterday with an
explanation below:

1. Dismissed original charge sheet (redacted). The un-redacted original charge sheet is
available in my office for your review.

2. In light of the additional charges and the dismissal of the original charges, the
reviewed PFC 8M?s continued pretrial confinement under RCM 39S(g).

3. The directed the I0 to investigate the additional charges and not the dismissed
original charges. A separate email will go out to the I0 after this.

4. The accounting of excludable delay from the previous accounting to present.

5. The approved an extension of the Sanity board based on the request from the board?s
president; however as you will note, the CA gave a shorter suspense than requested. A
separate email will go out to the board?s president after this.

02886034

27885

Have a good weekend and let me know if you have any questions or concerns.

Ashden

Ashden Fein

CPT, JA

02909196

27886

From:
sent:
To:
Cc:

Subject:
Attachments:

LTC Almanza,

Fein, Ashden CPT USA SJA
Sunday. March 20, 2011 12:43 AM
Ahnanza.Pau|
Carlile. Monica L. SFC USA JFHO-NCRIMDW SJA: Matthew kemkes; Morrow JoDean,
CPT USA SJA: Edan. Michael CIV JFHQ-NCRIMDW SJA:

Haber|and,John CPT MIL

Article 32 (PFC BM)
Directive to Investigate Additional Charges (ManningB).pdf; 10-Jul-05-
Original Charge Sheet DISMISSED REDACTED 11-Mar-01-Additional
Change Sheet REDACTED (ManningB).pdf

Good evening. Additional charges were preferred against PFC BM on 1 March 2011 and the
directed you to investigate these charges. Although the alleged misconduct is substantially
similar between the two charge sheets, the convening authority dismissed the original charges
and directs you not to consider those charges.

Please see the attachments to this email. Thank you and have a good weekend.

v/r
CPT Fein

Ashden Fein
CPT, JA

I 02891730
27887

From: Fein, Ashden CPT USA SJA

Sent: Sunday. March 20. 2011 12:52 AM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Cc: Benesh. Samantha MAJ MIL USA MEDCOM

Morrow JoDean, CPT USA
Matthew kemkes; Habedand, John CPT MIL
Carlile. Monica L. SFC USA Hemphill. Mada LTC MIL USA

MEDCOM

Subject: RE: RCM 706-Additional Charges v. M) (UNCLASSIFIED)

Attachments: Sanity Board Extension Approval (MannIngB).pdf; 10-Jul-OS-Original
Charge Sheet DISMISSED REDACTED 11-Mar-01-Additional Charge Sheet
REDACTED (ManningB).pdf

Dr. Sweda,

Good evening. Attached is the convening authority's approval of your
extension; however note the suspense date is set for the board to be
complete no later than 16 April 2011. Please submit additional requests for
extensions, to be considered by the convening authority, if you need more
time, as 16 April approaches.

Also, we are scheduled to for PFC BM to move to WRAMC on 23 March 2611, for
his two appointments: (1) Neurology at 1100 (2) MRI at 1300. we are also
scheduled For the board to meet at the SCIF in Metro Park (Alexandria) on 9
April 2011. you need to schedule any other tests, please let us know
ASAP so we can schedule the movements and security for PFC BM.

Also, yesterday the convening authority dismissed the original charges
against PFC BM and directed the Article 32 investigating officer to consider
the additional charges. Attached are copies of both charge sheets, even
though you already received the additional charge sheet from me on 2 March
2011. Since the original charges were dismissed, you do not need to
consider them in your evaluation.

Thank you. Have a good weekend.

V/r
CPT Fein

Ashden Fein
CPT, JA

.02221775

From:

Sent:
To:
Cc:

Subject:

27888

Sweda. Michael Dr CIV USA MEDCOM WRAMC
?iL>
Monday, March 20l I 8:21 AM

Fein, Ashden USA SJA

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Morrow Ill,
0 can, - .. DW

Matthew kemkes
Haberland, John CPT MIL USA
SFC USA SJA
Marla LTC MIL USA MEDCOM BAMC -


RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)







Classi?cation: UNCLASSIFIED

Caveats: NONE

Sir:

Tlumk you for the update. We plan on starting at 0900 on Saturday 9 April for intcn icw. lfyou could please the address.

I would appreciate it.



Michael Swcda. ABPP (Fotctisic)
Board-Certi?ed Forensic
Chief. Forensic Ps_vcliolog\'



Director. Forensic Fellowship Walter Reed Amiy Mcdical Center

"The United States themselves an: essentially the greatest pocm.
Past and present and future are not disjoincd but joined.?

02909186

27889
From: Fein, Ashden CPT USA SJA
Sent: Monday. March 21, 2011 12:53 PM
To: Almanza. Paul;
Cc: Canile, Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow JoDean,

CPT USA Egan. Michael CIV SJA:
Haberland,John CPT MIL

Subject: RE: Article 32 (PFC Manning)

Sir,

I apologize. On 18 March 2011, the granted an extension to the RCM 706 board with a
suspense date of 16 April 2611. with that new date, I do not foresee the Article 32 kicking
off any earlier than 1 May 2011; although the Government should be ready to proceed once the
sanity board is complete. Also, at this point, the Government anticipates one week for
evidence presentation.

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

02889081
27890

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 21, 2011 3:29 PM

To: OTJAG

Cc: Morrow Ill, JoDean. CPT USA SJA
Subject: SIPR

Sir. Sent you an email from OGA on your SIPR. Also, we are Finishing up the redo of the
disclosure consent memo. we should have it finished and sent today. It will only be the
updated enclosure list with better specificity.

Ashden Fein

CPT, JA



102884697

27891

From: Fein, Ashden CPT USA SJA

Sent: Monda March 21 20117:59 PM

To: mum ems

Cc: Morrow Ill, USA SJA

Subject: US v. PFC BM Issues .

Importance: High

Sir. I am tracking the below issues you are assisting us with:

1. Sending me a copy of the OCA consent email for my records (I never received
your email)

2. Assisting with setting up a meeting between me, you, -, and
especially in light of today?s SIPR email I sent you

3. Assisting with? who has not responded to any of my emails requesting the
following:

a. Official copy of the 902d File on SUBJECT

b. Official copy and consent to use investigation on ACIC document

4. OCA Consent to Disclose (I sent the updated Enclosure list with more clarity
tonight).

5. OCA Classification Reviews for the Following entites: *if any of them need CDs

of the information, we just need an address to send them

a. CENTCOM
b. CYBERCOM
C. INSCOM
d. SOUTHCOM
6. FYSA, we are directly tracking OCA Consent to Disclose from the Following
organizations:
a. OGA

b. DIA

C. DISA

d. D05

e. NSA

F. ODNI

02884697

7. FYSA, we are directly tracking OCA Classification Reviews From the Following
organizations:

a. OGA

b. DISA

c. DOS

d. NSA

e. ODNI

Thanks.

v/r

Ashden

Ashden Fein

cpr, JA

27892

02884908

27893

From: Fein, Ashden CPT USA SJA
Sent: Tuesda March 22 2011 9:58 AM

To:

Subject: US v. PFC BM (DOS Actions)

2, You should have both the disclosure request (sent on 14 Mar 11) and the classification
review (sent on 18 Mar 11). Could you please confirm you received both on SIPR. Thank you.

Ashden

Ashden Fein

CPT, JA

02884860

27894

From:
Sent
To:

Cc:
Subject:

- You should have received the disclosure request (sent on 21 Mar 11) on SIPR.

Fein, Ashden CPT USA SJA
Tuesda March 22, 2011 10:10 AM

Morrow JoDean, cm USA SJA:
US v. PFC BM (OCA Actions)

Could you please confirm you received. If you have any questions, I am available to

discuss. Thank you.

v/r

Ashden

Ashden Fein

CPT, JA

02884872
27895

From: Fein, Ashden CPT USA SJA

Sent: Tuesda March 22, 2011 10:11 AM

To: disa.mi|

Cc: orrow ean, CPT USA SJA
Subject: US V. PFC BM (OCA Ac1ion)

Ms. -. You should have both the disclosure request (sent on 21 Mar 11) and the
classification review (sent on 18 Mar 11). Could you please confirm you received both on
SIPR. Thank you.

v/r

Ashden

Ashden Fein

CPT, JA

02188684

27896

From ?@sta1e-s0v>

Sent: Tuesday, March?22, 2011 10:23 AM

To: Fein, Ashden CPT USA SJA
Cc: JoDean, CPT USA

JA
Subject: RE: US v. PFC BM Actions)

We received both thank you. We?re processing them and hope to have a decision for you on the disclosure request this
week.

st



U.S. De artment of State



SBU
This email is UNCLASSIFIED.



02187717

27897
From ?@dia.miI>
Sent: Tuesday, March 22. 2011 l0:49 AM
To: Fein, Ashden CPT USA SJA
Subject: RE: US v. PFC BM (OCA Actions)

We've got it. ?and ?will go to work on it.-

Deputy General Counsel - Operations

Defense lntell? enoe Agency

02884867

27898

From: Fein, Ashden CPT USA SJA
Sent: 2011 10:59 AM

To: CIV DISA GC

Subject: RE: US v. PFC BM (OCA Action) (UNCLASSIFIED)

Ma'am. Just resent both emails. They should be in your inbox. Thank you.

Ashden Fein
CPT, JA



02188137

From: 9 c1v DISA GC
Sent: ur ay, Marc 24, 2011 2:57 PM

To: Fein, Ashden CPT USA SJA

27899

Cc: Morrow JoDean, CPT USA A


Subject: RE: US v. PFC BM (OCA Action) (UNCLASSIFIED)
Attach: hStaff-OCAmemo24mar1 1.pdf

Classi?cation: UNCLASSIFIED
Cavcats: NONE

Attached is a soft copy of the Chief of Staffs OCA disclosure approval
mcmo - I will hand-cany it to your facility this afternoon.

Sincerel
Eeputy ?Emu-al !ounsel, Regulatory and International Law

Office of the General Counsel (DISA Ft. Meade, Room C4A24L)

Headquaners Defense Infonnation Agency
Phonc:?DS
Unclas. Email: a3disa.mil

02187716

Sent: Monday, March 28, 201 1 2:25 PM
To: Fein, AshdenCPT USA
PFC Manning Defense Team

Subject:

27900



Could you give me the names of the civilian and military defense counsel and the defense experts who will have access
to classified information? I have a meeting with_ at 1500 hours today.



02912296

27901

From: Fein, Ashden CPT USA SJA

sent: nda March 28, 2011 9:33 PM

To: Mr USA USACIDC

Cc: orrow 0 an, op . ow PT USA
'cIv IV us USA

USACIDC
Subject: "Compieted" Reports

we spoke earlier today about the completed forensic reports ready for defense. we predict
that we need to be ready to provide those reports in discovery NLT 8 Apr 11. Although we
might not provide them, we need to have them ready to pull the trigger at any time. The 0CAs

. - - -hope the plan to go over the reports will be executed at the end of the week, over the
weekend, or at the beginning 0F next week.

Thank you!

Ashden

Ashden Fein

CPT, JA

02212516
27902

From: A OTJAG

Sent: Wednesday, March 30, 2011 8:02 AM

To: Fein, Ashden CPT USA Morrow JoDean, CPT USA JFHQ-

SJA

cc: USA OTJAG

Subject: FW: Information Assurance Support to Judge Advocate Genera|'s Staff (UNCLASSIFIED)
Signed By: ?@us.army.mi|

Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

we should discuss the below email to determine if there are measures
required to protect your IS regarding the CM case.

Office of the Judge Advocate General of the Army, Pentagon 3D548
NIPR:
SIPR:

JNICS:
Tel:



02900821
27903

From: Fein, Ashden CPT USA SJA

Sent: 011 8:06 AM

To: USA Morrow Ill, JoDean, CPT USA

SJA

Cc: USA OTJAQ: USA SJA
Subject: RE: Information Assurance Suppon to Judge Advocate General's Staff (UNCLASSIFIED)
Sir,

Thank you. Are you available to discuss on the phone later this morning?

we have already started planning for this with proposed ordering of industry
leading software For our NIPR SIPR computers and blackberries
that have the option to emails.

v/r
Ashden

Ashden Fein
CPT, JA

02202161

27904

From: Haberland, John CPT MIL l>

Sent: Wednesday, March 30, 201 10:02 AM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Benesh, Samantha MAJ MIL USA MEDCOM

MAM Hemphill, Marla LTC MIL USA MEDC OM
BAMC

Cc: Carlile, Monica L. SFC USA SJA
Fein, Ashden CPT USA SJA

Morrow JoDean, CPT USA SJA
f. Matthew








Hal Cassius Mr FMMC (FTMYER)
Davis, Patsy A Ms CIV USA INSCOM
Lease, John V. CIV PMO
Joyner, Chad SSG MIL USA

Williams, Bruce A ISG MIL USA








Subject: R.C.M. 706 interview of PFC (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

ALCON:
The R.C.M. 706 inquiry is scheduled to begin at 0900 at the 3rd ?oor conference room on the Metro Park Facility.

The address is the facility is:
6359 Walker Lane
Alexandria, Virginia 22310

There is a parking structure located behind the building. I recommend entering through the side door of the facility (closest to
the parking garage). A security guard will meet you at the side door of the facility to let you in and direct you to the elevators to
take you to the third floor. A member of the prosecution team will also be there to coordinate any last minute issues. The guard
will be at the side door of the facility between 0830 and 0900.

Once you arrive on the third floor, there are signs directing you to the se4curity station where you will receive your temporary
badges and then they will escort you into the conference room where the board will be conducted. I have provided your social
security numbers to the security manager at the facility and she has verified your clearances so there will not be any slowdown
in entering the conference room.

If anyone has any questions or concerns please let me know and we can address them.

Very Respectfully,

Haberland
Military District of Washington Legal Spokesman

Classi?cation: UNCLASSIFIED
Caveats: FOUO

02212506
27905

From: _lV USA OTJAG -@conus.army.mil]

Sent: Wednesday. March 30. 2011 4:02 PM
To: Fein, Ashden CPT USA Morrow Jooean, CPT USA JFHQ-
NCRIMDW SJA
Subject: FW: (UNCLASSIFIED)
Attachments: Manni Access G-2 memo.pdf
signed By: a.
Follow Up Flag: Follow up
Flag status: Completed
Categories: Blue Category

Classification: UNCLASSIFIED
Caveats: NONE

Gents,

Here you go with the disclosure authority.





From: USA DCS G-2
Sent: nes ay, arc 2011 2:50 PM
To: USA OTJAG
Subject: (U) Access memo

Classification: OFFICIAL USE ONLY

- Here you are.

Classification: OFFICIAL USE ONLY

Classification: UNCLASSIFIED
Caveats: NONE



02200919
27906

Morrow Ill, JoDean, CPT USA SJA

From:


Sent: Thursday, April 7, 201 I 9:28 AM

To: T@state.gov>
Cc: Fein, Ashden cp-r USA maomca/Mow sm o;

?@state?gov>

Subject: disc (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

-

Are you available today for a disc hand-off around lunch time? I got sidetracked yesterday by some other stuff. I'm
thinking that Ashden or I could meet you in the lobby or something? Thanks!

CPT Joe Morrow
Trial Counsel
U.S. Army Military District of Washington (MDW)

"h?ne= 2

Classification: UNCLASSIFIED
Caveats: FOUO

02188683
27907

Fro-I-= ?@state?20v>

Sent: Thursday, April 7, 2011 10:14 AM

To: Morrow JoDean, CPT USA IF SJA

Cc: Fein, Ashden CPT USA SJA 1
Subject: RE: disc (UNCLASSIFIED)

Sure, that works ?ne. have an 1 lam meeting, but should be back at my desk no later than I 1:45.

SENJ
This email is UNCLASSIFIED.



02212501

27908

From: ?usA

Sent: Thursday, April 07, 2011 1:29 PM

To: Fein, Ashden CPT USA Morrow Ill, JoDean, CPT USA JFHQ-

NCRIMDW SJA
Subject:



Assurance Support to Judge Advocate Genera|'s Staff (UNCLASSIFIED)

Signed By: us.army.mil

Classification: UNCLASSIFIED
Caveats: FOU0

Ashden and Joe,

Please see below and provide a POC to me for Forwarding to the Army
to provide you IA support.



Office of the Judge Advocate General of the Army, Pentagon 3D548
NIPR: conus.army.mi1

SIPR: QDA?S.army.smi1.mi1

JNICS: am1. ic . gov

Tel:



02212493

27909
From: USA OTJAG

Sent: Thursda A riI 07 2011 1:46 PM

To: USA CIOIG-6

Cc: Fein, Ashden CPT USA SJA

Subject: RE: Information Assurance Support to Judge Advocate GeneraI's Staff (UNCLASSIFIED)

Signed By: ?@us.am1y.miI

Classification: UNCLASSIFIED
Caveats: FOU0

-J
Please contact CPT Ashden Fein For the MDW IA support.

Thanks and let me know if I can assist. I may also request that certain
OTJAG officials obtain IA support at a later date.

r/





ice ge voca enera rmy, en agon
NIPR: onus . army . mil

SIPR: QDA?S.army.smil.mil

JNICS: ami.ic.gov

02911752

27910
From: Fein, Ashden CPT USA SJA
Sent: 11 8:05 PM
To: USA DCS G-2
Cc: Carlile Monica L. SFC USA ocs

USA OTJAG

Subject: RE: (U) SSBI Complete
Attachments: 11-Apr-06-Request Personnel Access to Classified Information (ManningB).pdf
hnponance:



Attached is our newest request. Sorry to get it to you so late. All three
are aware and standing by ready to get their EQIP started.

(USN) is assigned to a USMC billet that requires the clearance, but just
Pcsed to the unit this week. They could have already started her in EQIP,
but she was going to tell them to hold off because we needed her for this
mission. whyte and- are out of our office and are ready to jump when
they are told for all the requirements.

Thank you!

Ashden

Ashden Fein
CPT, JA

02891942
27911
From: Fein. Ashden CPT USA SJA
sent: Fnday. Apn'I 08. 2011 7:08 AM
To: Sweda. Michael Dr CIV USA MEDCOM Benesh, Samantha MAJ MIL USA
MEDCOM Hemphiil, Mada LTC MIL USA MEDCOM BAMC
Cc: Haberland. John CPT MIL Cariile, Monica L. SFC USA JFHQ-NCRIMDW Morrow
JoDean, CPT USA coom arm courtmai1iaIdeIense.com;
Matthew kemkes; i il; Hall
Cassius Mr FMM
subject: RE: R.C.M. 706 interview of PFC (UNCIASSIFIED)
Importance: High
Dr. Sweda,

Good morning. In light of the looming Furlough, could you please let me know whether the
Board will still be available tomorrow to conduct its interview? we are currently verifying
with the support staff involved with movement, security, and facilities, to ensure there are
no shutdowns planned.

Also, SFC Monica Carlile will be at the Metro Park facility to greet the Board and escort you
to the conference room. If you have any issues tomorrow, please call my blackberry at

Also note that you will not be able to bring cell phones into the conference room,
so please have my number available hard-copy. Cell phones may be stored outside of the
security check point.

After your confirmation back to me about tomorrow, I plan on sending a final confirmation to
you no later than 1500 today.

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA



02231264




27912
From: DCS G-2
Sent: Friday, April 8, 20ll 7:21 AM
To: Fein, Ashden USA sm on
Cc: Carlile, Monica L. SFC USA SJA

USA DC G-2
us.army.m1l>; USA OTJAG
Jconus.anny.mil>

Subject: Re: (U) SSBI Complete
Ashden.
The may be an issue. please have her submit her security clearance via her Conumnd Security Of?ce lod.1_s if possisblc. In the

meannmc. ?ll see if I am authorized to submit for pcrsomlel and what obstacles may arise.

we'll get White and- staned today. Thanks.





Sent in

02231256

27913

From: ocs
Sent: Friday, April 08, 2011 9:05 AM
To: Fain, Ashden CPT USA JFHQ-NCRIMDW SJA
cc: Carlile Monica L. SFC USA USA DCS
USA OTJAG

subject: RE: SSBIComplete
signed By: us.army.miI
Classification: OFFICIAL USE ONLY

I spoke to_ (DISL), Senior Security Advisor, and she

stated that this clearance should be initiated by the there are
issues with the Army initiating and adjudicating a clearance for another
service. Not sure why the process would take any longer? Navy Security has
the same process for submittal and can submit an expedite as well, they just
need to be aware of the urgency.

can we get her correct SSN though? ?I'd like to check her in JPAS and see
what she currently has For past investigations. Thanks.

Best regards,
HQDA, ODCS, G-2

1090 Army Pentagon
washin ton DC 20318-1699



02911740
27914

From: Fein, Ashden CPT USA SJA

Sent: Hide A til 08 2011 9:14 AM

To: USA DCS G-2

Cc: Carlile Monica L. SFC USA JFHQ-NCRIMDW ocs

G-2: USA OTJAG

Subject: RE: (U) SSBI Complete

Attachments: 11-Apr-06-Request Personnel Access to Classified Information (ManningB).pdf
Thank you.

Attached is the corrected memo.

Ashden Fein
CPT, JA

02231251

27915

From: ocs G-2

Sent: Friday. Apn'| 08. 2011 9:34 AM

To: Fain, Ashden CPT USA SJA

Cc: Carlile Monica L. SFC USA JFHQ-NCRIMDW USA ocs

USA OTJAG

Subject: BI Complete
signed By: us.army.mil
Classification: OFFICIAL USE ONLY

Thanks. 0k, has a current Secret clearance, so her SSO would
need to subm expedited SSBI and after her eQip is completed and
fingerprints submitted, can adjudicate her For an Interim SCI based
on her Secret clearance investigation.

iist riiards,



02221 743

27916
From: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Sent: Fnday. April 08. 2011 2:11 PM
To: Hemphill, Marla LTC MIL USA MEDCOM Fain, Ashden CPT USA JFHQ-
Sweda. Michael Dr CIV USA MEDCOM WRAMC
Cc: Haberland. John CPT MIL Canile, Monica L. SFC USA Morrow
Jooean, CPT USA
Matthew kemkes; Hall
Cassius Mr FMM
Subject: RE: R.C.M. 706 interview of PFC (UNCIASSIFIED)
Signed By: BENESHSAMANTHAMARIE.1272647034

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Per guidance from our Department Chief, COL Dunivin, we are good to go for
the interview tomorrow regardless of whether a furlough is in effect. Dr.
Sweda and I will be there at 6900, unless we receive other guidance
from you this afternoon by 1606. Neither Dr. Sweda nor I will have access
to our email accounts after 1690. If you need to reach us for any reason,
please feel free to Contact me at my cell phone number below.



Samantha M. Benesh

MAJ, MS, USA

Forensic Fellow
Halter Reed Army Medical Center

02891923
27917

From: Fein. Ashden CPT USA SJA

Sent: Fn'day, April 08. 2011 2:59 PM

To: Benesh, Samantha MAJ MIL USA MEDCOM Hemphill, Maria LTC MIL USA
MEDCOM Swede. Michael Dr CIV USA MEDCOM WRAMC

Cc: Haberland, John CPT MIL Carlile, Monica L. SFC USA Morrow
JoDean. CPT USA
Matthew kemkes; Hall
Cassius Mr FMMC

Subject: RE: R.C.M. 706 intewiew of PFC (UNCLASSIFIED)

Board Members,

we are still on for tomorrow, despite the furlough. The building will be
open and SFC Carlile will meet you at the front door at 0900. Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

02907971

27918

From: Fein, Ashden CPT USA SJA

Sent: 1:15 PM

To: A USCENTCOM CCJAISJA

Cc: Carlile. Monica L. SFC USA JFHQ-NCRIMDW OTJAG
Sumed: CD5

Sir,

Good afternoon. we have CDs to send to CENTCOM for the classification reviews. what address
would you like us to send the classified information to? Thank you.

v/r

Ashden

Ashden Fein

CPT, JA

02884922

27919

From:
Sent:
To:
Cc:

Subject:

Attachments;

David,

Good evening.
discovery requests.

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Tuesday. April 12. 2011 6:30 PM



Matthew kemkes; Morrow Ill. JoDean, CPT USA

Haber1and,John CPT MIL Canile, Monica L. SFC

USA Feito, Beatriz SGT USA JFHQ- SJA

US v. PFC BM (Discovery)

11-Apr-12-Government Response to Discovery Response 29 Oct 10 (ManningB).pdf; 11-
Apr-12-Govemment Response to Discovery Response 1 Nov 10 (ManningB).pdf; 11-Apr-12-
Govemment Response to Discovery Response 8 Dec 10 (ManningB).pdf; 11-Apr-12-
Govemment Response to Discovery Response 10 Jan 11 (ManningB).pdt; 11-Apr-12-
Government Response to Discovery Response 15 Nov 10 (ManningB).pdt; 11-Apr-12-
Govemment Response to Discovery Response 16 Feb 11 (ManningB).pdf

Attached are the Government's responses to your Pre-Art 32
This morning, we went you an CD with additional

discovery (BATES: 011574-12711). As we receive more information, we will be
passing the information to you and we are also preparing to give you access to
classified evidence, once we receive the approvals.

If you have any questions, please call.

Have a good evening.

v/r
Ashden

Ashden Fein
CPT, JA

02215359
27920

From:
Sent: Tuesday, April 12, 201 1 7:42 PM
To: Fein, Ashden CPT USA SJ A









>2 Morrow Ill. JoDean, CPT USA
Bouchard, Paul CPT

Cc: Matthew kemkes
SJA

USCENTCOM USF-I

I-Iaberland,John CPT MIL USA

Carlile. Monica L. SFC USA SJA

Feito, Beatriz SGT USA FHQ-



A
Subject: [Suspected RE: US v. PFC BM (Discovery)

Ashden,

Thank you for the discovery responses. I anticipate the need to revisit most of the government's
responses after referral. I also want to inform the government of a new mailing address for my office.
Please use the below address for all future correspondence. If you have already sent the CD to
my old address, I will ensure that it is forwarded to me.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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

02884583
27921

From: Fein, Ashden CPT USA SJA
Sent: Friday, April 15, 2011 7:59 AM

To:

Cc:

coom ma Ia eenseoom; onow 0 an, CPT
Matthew kemkes;

Subject: US v. PFC BM-Update
Importance: High
Dr. Sweda,

Good morning. The purpose of this update is determine whether the 766 board
will be able to meet its suspense with completing the report by tomorrow (16
April 2011). If not, please send an extension request with a justification.

Also, is there any more testing or interviews that you need the Government
to organize for the board?
Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

02221735

27922
Sweda, Michael Dr CIV USA MEDCOM WRAMC
mm:

Sent: Friday, April 15,2011 9:07 AM

To: Fein, Ashden CPT USA SJA
Cc: Benesh, Samantha MAJ MTL USA MEDCOM MAMC

Morrow Ill,


.loDean, CPT USA SJA
Matthew kemkes Bouehard, Paul CPT USCENT OM

USF-I .I-JA-TB


Haberland, John CPT MIL USA
Subject: RE: US v. PFC BM-Update (UNCLASSIFIED)






Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir?
I just spoke with all members of the 706 Board. We anticipate completing the report this evening, perhaps late. but this evening.

r.

Michael Sweda. Pli_D.. ABPP (Forensic)

Board-Cenified Forensic

Chief. Forensic Service

Director. Foremic Fellowship Walter Reed Army Medical Center



"The United States themselves are essentiall) the greatest poem.
Past and present and future are not disjoined butjoined."



02884576
27923






From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Fnday. April 15. 2011 9:21 AM

To:

Cc: .
Morrow JoDean, CPT USA
Matthew kemkes; Bouchard, Paul CPT USCENTCOM USF-I
JA-T80:

Subject: Re; US v. PFC BM-Update (UNCLASSIFIED)

Sir,

Thank you. It is not our intent to rush or move the board to be inaccurate; however if the
suspense can be met then it should. If you can not finish by tomorrow, please send an email
request and we will forward to the convening authority.

Ashden Fein
CPT, JA

02221732

From:

Sent:
To:

Subject:

27924

iwidil Miihiil Dr iilV WRAMC

Friday, April 15, 2011 9:42 AM

Fein, Ashden cm? USA SJA ?ai>

Benesh, Samantha MAJ MIL USA MEDCOM MAMC
coombs Morrow
JoDean, CPT USA JFHQ-NC IDW SJA

Matthew kemkes Bouchard, Pau CPT CENT OM


Haberland, John CPT MIL USA
RE: US v. PFC BM-Update (UNCLASSIFIED)









Classi?cation: UNCLASSIFIED

Caveats: NONE

Sir?

We are nishod. One of the board members was out three days this week. One board member will perhaps have just enough time to
review the long report to meet the suspense today. Ifadditional time is possible. I would respectfully request an additional week. The
board has limited availability to meet togetlcr due to leave and conflicting schedules. 98% of the long report has been ?nalired. but
we should have. ideally. more time to meet and discuss the full rcpon.

I ill send a fonnal request for a one-week extension. but will continue pressing forward in case this is not approved.

vlr.

Michael Sweda. Pli . ABPP (Forensic)

Board-Certified Forensic

Chief. Forensic Service

Director. Forensic Fellou ship Walter Reed Amiy Medical enter



"The United States themselves are essentially the greatest poem.
Past and present and future are not disjoined butjoined."

02221728

From:

Sent:
To:
Cc:

Subject:
Attach:

27925

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Friday, April 15, 2011 959 AM

Fein, Ashden cm USA sm

Benesh, Samantha MAJ MIL USA MEDCOM MAMC
coombs arm courtmartialdefensecom; Morrow Ill,
1

Bouchard, Paul CPT USCENTCON






USF-I
Haberland, John CPT MIL USA

US v. PFC BM?Update (UNCLASSIFIED)
Manning extension request 22 Apn'l.pdf

Classi?cation: UNCLASSIFIED

NONE

ALCON:

Please see extension request (attached).

v/r.

Michael Swcda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Serviw

Director. Forcmic Walter Reed Army Medical Center

5



"The United States themselves are essentially the greatest poem.
Past and present zuid future are not disjoined but joined."

02884578

27926

From:
Sent:
To:
Cc:

Subject:
Attachments:

Dr. Sweda,

Fein, Ashden CPT USA SJA

Fn'day, April 15, 2011 5:30 PM

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Benesh. Samantha MAJ MIL USA MEDCOM

Momow JoDean, CPT USA
Matthew kemkes; Bouchand, Paui CPT USCENTCOM USF-I
Habedand. John CPT MIL USA

RE: US v. PFC BM-Update (UNCUKSSIFIED)

RCM 706 Extension Approval (ManningB).pdf

Attached is the approval of your request.

v/r
CPT Fein

Ashden Fein
CPT, JA

02221 723

From:

Sent:
To:
Cc:

Subject:

27927

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Saturday, April 16, 20] I 8:30 AM

Fein, Ashden CPT USA SJA

Benesh, Samantha MAJ MIL USA MEDCOM MAMC
coomb Qarmycourtmartia|defense.com; Morrow
JoDcan, PT A - LDW SJA

Matthew kemkes
USF-I
Haberland, John CPT MIL USA

RE: US v. PFC BM?Update (UNCLASSIFIED)








Classi?cation: UNCLASSIFIED

Caveats: NONE

Sir

'I1iaink you very much. This will pcnuil adequate time for full discussion

Michael Swcda



02215352
27928

From:
Sent: Monday, April 18, 201 1 1:05 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Morrow JoDean, CPT USA
SJA Bouchard, Paul CPT

USCENTCOM USF-I

Haberland,John CPT MIL USA

Carlile, Monica L. SFC USA SJA

eito, Beat?z SGT USA JFHQ-










Subject: US v. PFC BM (Discovery)

Ashden,

I received the discovery 011574-012569 and 012570-012711. Along with this discovery, the CD had two
RTF ?les dealing with Intelligence Analyst Course - 243-35F10 (dated 28 Aug 2008) along
with the 243-35F10 Version 1 Lesson Plans. I could not open the lesson plans (the 24.5
MB document). were these two documents intended to be part of the discovery?

Also, with regards to the FBI Joint Intelligence Bulletin (21 Nov 2010) and NCIS Bulletin
detailing the publication of an English version of Inspire Magazine (Summer 2010,
Winter 2010, and November 2010) - can you tell me why these documents were
provided in discovery? What specific discovery request by the defense were these
documents in response to? what was the source of these documents?

Finally, my office has been contacted by a CBS correspondent who says the 706 board has completed its
work and it will be served on the defense tomorrow. Is this person correct?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317

Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282





Notice: This transmission, including attachments, may contain con?dential 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

02884910

27929
From: Fein, Ashden CPT USA SJA
Sent: Monday, April 18. 2011 3:24 PM
To:
Cc: Matthew kemkes; Morrow |Il, JoDean, CPT USA Bouchard, Paul

CPT USCENTCOM USF-I Habenand,John CPT MIL
Carlile. Monica L. SFC USA JFHQ-NCRIMDW SJA: Feito, Beatriz SGT USA JFHQ-

NCRIMDW SJA .
Subject: RE: US v. PFC BM (Discovery)
Attachments: Unclassi?ed Discovery (012712-012720) (ManningB).pdf
David,
1. files. The two ".rtf" files were original files that we provided in

their native form. we created BATES stamped of the files on the CD.
The files should open, but they are very large, thus we created the PDFs to
make them easier to understand.

2. FBI NCIS Publications. They were provided as part of our UNCLAS case
file. The Government endeavors to provide the defense with as much
information from our case file, as authorized, even if not under an express
requirement under RCM 405 and later under RCM 701, Brady, etc; or based on a
specific defense request. The source of the documents are the
assigned to each organization producing the report.

3. CBS Correspondent. we have no additional information outside the email
chain from Dr. Sweda and the approving the extension.

4. PFC BM's Uniforms. It is the command's understanding that your request for
the command to assist with obtaining new ACUs for PFC BM is already being
coordinated through his aunt and Kemkes.

5. Article 138 Endorsement. Attached is a copy of the Brig's endorsement to
PFC BM's letter of 16 Apr 11. This was served last
week.

v/r

Ashden

Ashden Fein
CPT, JA



02212485

From: omo

27930

Sent: Monday, April 18, 201] 5:20 PM
To: Fein, Ashden CPT USA SJ A
Subject: RE: IRTF (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE



I am back and ready to discuss. You need to bring the CD5 here to the
Pentagon. The G2 has established a conduit through the JCS to get the
CENTCOM reviews.





02215342
27931





From:

Sent: Wednesday, April 20, 201 I 9:37 AM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Morrow .loDean, CPT USA

SJA Bouchard, Paul CPT
USCENTCOM USF-I

Haberland,John CPT MIL USA
Carlilc, Monica L. SFC USA SJA

Feito, Beatriz SGT USA JFHQ-





SJ A
Subject: [Suspected st Request
Attach: Expert Request 2.pdf
Ashden,

Please see the attached request for a replacement Also, do you know how the move
will affect obtaining new set of ACUs for PFC Manning? Finally, I have contacted the JRCF commander,
LTC Dawn Hilton, to request to see PFC Manning on the 27th and 28th of April. I have not yet heard back
from her, but I would appreciate any assistance that the government could offer in facilitating such a visit.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

i



Notice: This transmission, including attachments, may contain con?dential 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

02911638
27932

From: Fein, Ashden CPT USA SJA

Sent: Wednesday. April 20, 2011 9:39 AM

To:

Cc: Matthew kemkes; Morrow Ill. JoDean, CPT USA Bouchard, Paul

CPT USCENTCOM USF-I HaberIand,John CPT MIL
Carlile, Monica L. SFC USA Feito, Beatriz SGT USA JFHQ-
SJA

Subject: RE: [Suspected Request

David,

we will start working the issues ASAP. Please route your requests through us,
so that we may ensure the meeting is scheduled and the right resourcing is
available. Are you planning on going alone, or with members of the defense
team?

V/r
Ashden

Ashden Fein
CPT, JA

02188925
27933

From ?@ic-Msov>

Sent: Wednesday, April 20, 2011 2:44 PM






Subject: Follow-up to meeting: FBI OGC POC lnfo

CPT Fein:

Wanted to establish contact after yesterday's meeting. I believe it was useful for all to hear/understand the plan moving fowvard
in this process.

We suspect you will continue to work very closely with our Washington Field Of?ce, particularly in the initial ?le reviews I believe
you are looking to accomplish perhaps as early as Friday. We will work with those Case Agents to be sure we all understand what
information you are requesting so we can assess its availability as efficiently as possible, and classification as necessary.

Our ?rst objective is to provide you access to the casefile materials to assist in discovery, but also to assist, perhaps, with the case
in chief as you might present it at the 32 Hearing. We understand this may include more than just the present defendant's ?le.

Additionally, we are expecting in the near future to be receiving a PSR-type letter that will requst a global search of our system of



We appreciate your candor and look forward to working with you. Communication is certainly always a challeng with these larger
cases. In as much as you have deadlines and you can notify us of them and expected/desired actions on our part, we appreciate
reaching-out any time as far in advance as you can as our "signature authorities" often have full calendars.



Thanis. We look forward to working with you





02902170

27934

From: Fein, Ashden CPT USA SJA

Sent: 11 9:57 AM

Cc: orrow JoDean. CPT USA SJA
Subject: RE: Follow-up to meeting: FBI OGC POC Info

Thank you. Your email accurately summarizes our meeting. we would like to
have the green light For the initial case File r'eview?by
Tuesday o~F next week, so that we may start next Wednesday, if that is good
with the NFO.

Ashden





Ashden Fein
CPT, JA



02886351
27935

From: Fein, Ashden CPT USA SJA
Sent: 2011 8:52 PM

To: (FBI)

Cc: Morrow m, JoDean. CPT USA Overgaard,
Angel M. CPT USA JFHQ-NCRIMDW USA
USACIDC

subject: Update

I emailed about us coming over to wF0 and starting to go through the
files. Hopefully we get the green light soon. If ok with ya?ll, we would like to start

wednesday morning. It will likely be me, Joe, and our new attorney Angel Overgaard coming
over?. Joe and Angel will stay and conduct the review. Please let me know what you think.

02885186
27936

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Thursda A til 21 2011 8:56 PM
To:
Cc: USA Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW

SJA
Subject: US v. PFC BM
Importance: High
Gents,

Good evening. Could you please confirm the SJA office received our classified mail with the
CENTCOM documents for the classification review and provide the date the office received the
package through the CENTCOM mail process?

Thank you.

v/r

CPT Fein

Ashden Fein

CPT, JA

02221719

mm cw USA MEDCOM WRAMC


27937

Sent: Friday, April 22. 201 1 9:49 AM
To: Fein, Ashden CPT USA SJA
Morrow Ill. -'oDean. CPT USA SJ A

Subject: RE: Email (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sirs:

This (us.anny.mil) also won?t work. We are still ?nalizing the reports but will have by COB today. You can send someone over. or I
could deliver to the Pentagon. I enjoy getting out of the of?ce when I can and it is on the way home.

One of our board members is in Texas. 1 spoke to her and we anticipate ?nalization of the rcpon by Noon local
time.

Once again. thank you for your continued patience.

02183858

27938
From: may USA |mus.army.mi|]
Sent: Friday, April 22, 2011 12:07 PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill JoDean, CPT USA Habenand,
?cIv usA;?cIv USA
cw us USA MIL USA
Subject: RE: us v. PFC BM Update (UNCLASSIFIED)

Signed By: ?usarmymil

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,

As you know, the Computer Crime Investigative Unit (CCIU), U.S. Army CID
Command, is the lead agency for the criminal investigation related to PFC
Bradley Manning.

Because the investigation is ongoing, CCIU requires the ability to monitor,
within applicable legal authority, all non?privileged communications to and
from PFC Manning. Specifically, we require the ability to monitor PFC
Manning's conversations with visitors and communications made via telephone
calls. with regard to mail, we understand that staff routinely
inspect non?privileged letters/packages and will notify us any anything of
potential investigative value; however, we require additional information
regarding this process and are working with to obtain it.

In addition,_because of PFC Manning's level of technical expertise with
computers, coupled with the fact that the crimes for which charges have been
preferred include illegal and grave misuses of Army computers, we
specifically request that he not be given access to the Internet in any
manner, either via email communications, cell phone or otherwise.

Thanks,

Computer Crime Investigative Unit
u.s. Army CID

"The Army's Digital Detectives?





02889160
27939

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Friday. April 22, 2011 12:39 PM

To: centcom.mil

Subject: Shot Over

Please let me know if you receive this email.

Ashden Fein

cpr, JA



02225022

From, MIL USAF USCENTCOM CCJA-SJA
@centcom.mil>

27940

Sent: Friday, April 22, 20] I PM

To: Fein. Ashden CPT USA SJA
Subject: RE: Shot Over

Received!

To confirm received the 3 compact discs on/about 15 April 11.



7115 S. Boundary Blvd, MacDiIl AFB, FL 33621-5101
DSN

Com?




02225010
27941

From: SJAJUSF-I-JA-AL

Sent: Saturday. April 23. 2011 7:55 AM

To: SA JFHQ-NCRIMDW SJA

Cc: USA USF-I
subject: RE: US v. PFC Manning RFI

Attachments: Unclassed Action Memo.pdf

Ashden,

I know you have likely given up on us, but attached is the (finally!)
unclassified Action Memorandum For the Manning 15-6. To my knowledge, there
were no other classified markings in the AR 15-6 investigation, making the
entire record now unclassified.

OSJA





02884642

27942
From: Fein, Ashden CPT USA SJA
Sent: Saturday, April 23. 2011 9:38 AM
To:
Cc: Matthew kemkes; Morrow JoDean, CPT USA Bouchand, Paul

CPT USCENTCOM USF-I Haberland,John CPT MIL

Cariile, Monica L. SFC USA SJA: Feito, Beatriz SGT USA JFHQ-

NCRIMDW SJA
Subject: US v. PFC BM Update
Attachments: 11-Apr-22 Excludable Delay Memorandum (ManningB).pdf

David,

Good morning. we are still working on identifying a in the
vicinity of Fort Leavenworth. It is our understanding that you had all the
questions below answered by LTC Hilton, except

1. we are working on determining the means to have you sit down with your
client and access classified information. below

2. we are working on getting PFC BM's uniform situation worked out with the
command.

3. Attached is the most recent Excludable Delay Memo.

Following this email, I will be sending MAJ Kemkes a copy of the
short form of the RCM 766 results. we are working on determining a way to
setup for your email, so that we can freely send emails back and
forth while ensuring the proper security is in place.

Have a good weekend.

v/r
Ashden

Ashden Fein
CPT, JA

02884834

27943

From:
Sent:
To:

Cc:

Subject:
Attachments:

Fein, Ashden CPT USA SJA
Saturday, April 23, 2011 9:50 AM

MATTHEW KEMKES Bouchard. Paul R. CPT uso?c
DSTB CO TDS Sr ense ounse

Morrow JoDean. CPT USA SJA: Haberiand, John CPT USA
Regimental Judge Advocate; CaI1iIe_ Monica L. SFC USA JFHO-NCRIMDW Feito,
Beatriz SGT USA JFHQ- SJA

US v. PFC BM (Shott Form)

11-Apr-22 Sanity Board Results Short Form (ManningB).pdf

Attached is the short Form of the RCM 766 results.

v/r?

Ashden

Ashden Fein

CPT, JA



02884552

27944
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Satunda A n! 23 2011 10:05 AM

To: ?usm

Cc: USF-I OSJAIAFZA-JA-MJ: FHQ-

Morrow Ill. JoDean, CPT USA SJA

Subject: RE: US v. PFC Manning RFI

unponance:

Sir,

Thank you! This is a great help. After reviewing the investigation, it
appears that there is still a reference that, although not classified, is
marked "Confidential". The reference is DIAR 56-27 - Disclosure of
Collateral Military According to the SecArmy 15-6
investigators, the portion included in the USF-I investigation is not
classified because an enclosure to the regulation is classified and it was
not included. Could you please confirm that this document is NOT classified
and provide us documentation so that we may properly line out


Also, could you please provide us a copy of the COS Declassification Memo,
23 Apr 11.

Thank you again.

v/r
Ashden

Ashden Fein
cpr, JA

02225002
27945

From: USA USF-I iraq.centcom.miI]
Sent: Saturday, April 23, 2011 10:44 AM

To: SJA
Cc: USA USF-I USF-I I J2 SSO

Subject: RE: US v. PFC Manning RFI
Attachments: Document.pdf
Ashden,

As the ar not legal questions you are raising, I am going to place our
SSO, on the CC line so you can work directly with them.



Based upon my review of DIAR 50-27, only the enclosures carry (C) markings
and they are not a part of the investigation file. However, I will defer to
the S50 determination on this matter.

Attached is the declassification approval memo.


USF-I OSJA

DSN:
SVOIP
NIPR:

SIPR:





02884538
27946

From: Fein, Ashden CPT USA SJA
Sent: Saturda A n'l23 2011 12:41 PM





To: USF-I
Cc: Morrow JoDean, CPT USA
JFHQ-NCRIMDW SJA
Subject: RE: US v. PFC Manning RFI
Sir,

Thank you again. After we reviewed our classified copy, we realized that we
need to ensure what we print and scan into NIPR is in fact unclassified.
Pursuant to our original request below, is it possible for ya'l1 to scan
(high resolution) the original investigation onto NIPR and send it to us, to
ensure there is no spillage and because USF-I is the originating agency
under the Executive Order. If that is not possible, then could you please
send us a list of all the documents that should be included in the
investigation that are unclassified and we will go through the more than 175
pages and ensure we are looking at exactly the same pages.

Thank you.
v/r

Ashden

Ashden Fein
CPT, JA

02217354

27947



Hom:
@iraq.centcom.mil]
Sent: 12:38 AM
To: A USF-I

cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW USN USF-I

J2 Chancery, Rm 2229; USA JFHQ-NCRIMDW
Fein, Ashden CPT USA SJA

Subject: RE: US v. PFC Manning RFI
Signed By: -@iraq.centcom.mi|
Follow Up Flag: Follow up

Flag Status: Completed



You are correct as to the determination of the DIAR 56-27. without the
enclosures, the document is UNCLASSIFIED. If the plan is to keep the DIAR
56-27 without the enclosures as part of the Files then I recommend stating
on the Front and last page You are not
declassifying or downgrading with that statement just displaying the Facts.
Let me know if you need any Further assistance.

/r

Sr. !ecur1! Mana ement Advisor

DSN:
COMM:
SVOIP:



02224991
27948

From: USA USF-I iraq.centcom.mil]

Sent: Sunday, April 24, 2011 7:09 AM

To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Subject: FW: US v. PFC Manning RFI

Follow Up Flag: Follow up

Flag Status: Completed

Ashden,

Given?' response, I do not see where you need anything further
from us. The classified information in the investigation was marked as
such.

we deal with classified information here in theater every single day. It
has never once dawned upon me or my shop that it is the responsibility of
the original classifying authority to ensure we do not mishandle that
information.

I am sure your electronic copy represents the limits of our scanner and data
transfer abilities. whatever you print from that copy likely reflects the
quality of what we have available. NIPR scanners here are not commonplace
and have bandwidth restrictions that make your high resolution request
impracticable.

If you have a specific portion you think is illegible in your copy, let me
know what it is and I will try to locate the paper original to re-scan that
particular portion. However, I have never seen the paper original of this
investigation, so I cannot guarantee the original is any better.



USF-I OSJA



02886354



27949

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda A ril 25 2011 1:27 PM

To:

Cc: Morrow Ill, JoDean, CPT USA SJA Overgaard,
Ange? CPT USA if USA


Subject: RE: Update

I hope you had a good weekend. Recognizing it was a long weekend, I never
heard back from you about the below email. will wed be good? Thanks.

Ashden

Ashden Fein
CPT, JA



From: Fein, Ashden CPT USA SJA

Sent: Thursday, April 21, 2611 8:52 PM

To: Ellsworth, Kevin D. (FBI)

Cc: Morrow JoDean, CPT USA McGonigal, Charles
Overgaard, Angel M. CPT USA Bettencourt, Troy Mr
CIV USA USACIDC

Subject: Update

Kevin,

I emailed Sally and Erik Dodson about us coming over to HFO and starting to
go through the files. Hopefully we get the green light soon. If ok with
ya?1l, we would like to start Wednesday morning. It will likely be me, Joe,
and our new attorney Angel Overgaard coming over. Joe and Angel will stay
and conduct the review. Please let me know what you think.

we met with the National Media Exploitation Center (NMEC) this week. They
are going to help us with determining what information is out there to show
"the enemy" is in receipt of the information. In order to help us, they
asked for certain information that I think you have in the files. Can you
let me know if you have this and if so, can we get it sooner than later so I
can pass it to them?

1. The different URLs associated with wikileaks and the leaked
documents

02886354
27950

2. Hash values for the actual documents released by wikileaks or any
of the other organizations wikileaks passed the information (if hash values
were created, if not then we can do it if we can have #3 below)

3. Digital copies of the native version of the wikileaks released
documents

4. Any unique identifying information from the wikileaks version of
documents

Thanks.

Ashden

Ashden Fein

CPT, JA



02902190
27951

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda A riI25, 2011 2:57 PM

To:
Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: Re: Foilow-up to meeting: FBI OGC POC Info

- He was deemed cmpetent and mentally responsible For his alleged misconduct.
will we be good to start reviewing the wFo's Files on wed morning?

Thanks.

Ashden

Ashden Fein
CPT, JA

02188919

27952






Sent: on ay, pn
To: Fein Ashden CPT USA JF
a)ic.fbi.gov>
Cc:

Subject: RE: Follow-up to meeting: FBI OGC POC Info
Thanks.

You're good to go review WFO's ?les. Please just coordinate with? et al about having the ?les available.

02885072

27953

From:
Sent:
To:
Cc:

Subject:
Attachments:

Importance:

Sir,

Fein, Ashden CPT USA SJA

Monday, April 25. 2011 4:44 PM

Coffman, Carl COL MIL USA

Matthew kemkes; Morrow JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM USF-I
Habenand.John CPT MIL Canile. Monica L. SFC USA JFHQ-NCRIMDW
Feito. Beatriz SGT USA JFHQ- SJA

US v. PFC BM (Art 32 Delay Request)

11-Apr-25-Government Request to Delay Article 32 (ManningB).pdf

High

The United States requests a delay of the Article 32. Please see the attached
request. we delivered the enclosures to you and will send the defense a
separate email with the enclosures.

v/r
CPT Fein

Ashden Fein
CPT, JA

02217353

27954









From:
Sent: Monday, April 25, 2011 8:13 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes
Morrow JoDean, CPT USA
Bouchard. Paul CPT USCENTCOM
USF- -
Haberland,John CPT MIL USA Carlile, Monica L. SFC
USA SJA
qncr.northcom.mxl>
Subject: Re: US v. PFC BM (Art 32 Delay Request)

Got it.
Mr. Coombs.

Please provide me your feedback on the request by COB 27 April.

VR
COL Cari Coffman

Sent via by



02884529
27955

From: Fein, Ashden CPT USA SJA

Sent: Tuesda A il 26 2011 3:58 PM
Cc: Morrow Ill. JoDean. CPT USA JFHQ-

SJA

Subject: RE: US v. PFC Manning RFI
hnponance:
Sir,

Thank you. Is it possible for USF-I to send us the original investigation,
with the front and last page of the DIAR enclosure marked
WITHOUT If you can make a copy for the records and send
us the original, there will be no issue with readability and classification
on our end. Thank you.

v/r
Ashden

Ashden Fein
CPT, JA



02884558
27956

From: Fein, Ashden CPT USA SJA
sent: Tu A 2011 8:16 PM
To: DOD OGC

Cc: SJA

Subject: US v. PFC Manning Discovery

Good evening. I am the lead prosecutor for the court-martial case of U.S. v. PFC Bradley E.
Manning. Since the beginning, we realized there would be a significant discovery hurdle,
similar to civil litigation cases, that we will have to overcome to ensure a military judge
is satisfied that we complied with our requirements under Rules for Courts-Martial 495 and
701, Article 46 of the UCMJ, Brady, Giglio, and all other applicable case law. we have been
working with our counterparts at Main Justice (Counterespionage Section, National Security
Division) to develop a request that combines a preservation request with a ?prudential
search? request.

Are you available to discuss the dissemination of this type of request to ensure that we meet
our requirements under the UCMJ and applicable case law and provide us any advice on the most
efficient way to obtain the information? At this point in time, we have ?reasonable belief?
that most commands, agencies, directorates, etc. within DOD, and most other Federal agencies,
have documentation surrounding Manning? and/or ?wikileaks.?

Thank you.

v/r

Ashden Fein

Ashden Fein
CPT, JA
l)

02215317
27957

From:

Sent: Tuesday, April 26, 20| I 9:08 PM

To:

Cc: Matthew kemkes Morrow ll], JoDean, CPT USA





SJA
USCENTCOM USF-I

Haberland,John CPT MII. USA

Carlile, Monica L. SFC USA SJA
Feito, Beatriz SGT USA JFHQ-

Bouchard, Paul CPT







SJA Fein, Ashden CPT USA
SJA
Subject: RE: US v. PFC BM (Art 32 Delay Request)
Attach: Article 32 Delay.pdf; Attachment A.pdf; Attachment B.pdf; Attachment C.pdf;

Attachment D.pdf; Attachment Epdf; Attachment F.pdf

Sir,
Please see the attached feedback regarding the Government's delay request.

v/r
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential 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



02224983

27958
From: USF-I Earaq.centcom.min
Sent: Wednesday. April 27. 2011 2:34 PM
To: Fain, Ashden CPT USA SJA
Subject: RE: US v. PFC Manning RFI
Ashden,

I am going to take this matter up directly with I see no open
Administrative Law actions in this matter.

OSJA
DSN:
SVOI
NIPR
SIPR






From: Fein, Ashden CPT USA SJA


Sent: Tuesday, April 26, 2011 16:58 PM

To: Poche, Charles LTC USA

Cc: Marton, Andras M. LTC USA Morrow JoDean, CPT USA
SJA

Subject: RE: US v. PFC Manning RFI

Importance: High

Sir,

Thank you. Is it possible For to send us the original investigation,
with the front and last page of the DIAR enclosure marked
WITHOUT If you can make a copy for the records and send

us the original, there will be no issue with readability and classification
on our end. Thank you.

v/r
Ashden

Ashden Fein
CPT, JA

02188674
27959

From ?@state?sov>

Sent: Thursday, April 28, 2011 11:49 AM

To: Fein, Ashden CPT USA SJA

Morrow JoDean, CPT USA SJA

Cc= ?@stateagov>

Subject: call?



SENSITIVE BUT UNCLASSIFIED
Ashden and Joe,

Do you have time for a call wit.I"nd I sometime today or tomorrow?? We have a few things to discuss on the
outstanding requests with State the OCA declaration and valuation issues.

I am tied up at 3pm today and around midday tomorrow, but otherwise relatively free.



U.S. Department of State




SBU
This email is UNCLASSIFIED.

02907458
27960

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Frida A n'|29 2011 9:01 A
To:



Cc: Morrow JoDean, CPT USA JFHQ-NC A
I CIV










CIV USA




CIV USA

Subject: CID Case File and Update
Attachments: Article 32
All,

Good morning. This email serves two purposes. First, an update on the monitoring at the
confinement Facility. Second, an update on evidence and report disclosures to the defense.

*Confinement Monitoring*

He will be integrated into the pretrial population. The JRCF staff will add additional guard
presence (24 hours a day, 7 days a week) to ensure that the staff can closely monitor
(literally hear) his interactions and communications with other prisoners. The visitation
area will be modified to provide for the monitoring and recording of all non?privileged
communications, both in person and telephonic. This modification will allow PFC BM to see
visitors in the same room that other pretrial prisoners use for visitation. The JRCF will
inspect PFC BM's mail for contraband, similar to its current procedures of inspecting all
prisoner mail sent to and from the general population. Additionally, CID will review PFC
BM's mail for content to ensure that PFC Manning does not send or receive inappropriate
communications that could cause the release of classified or sensitive information. The JRCF
will provide PFC BM access to the law library, which consist of a stand-alone computer (no
internet access) and CD for legal references. The JRCF staff will provide him with a stand-
alone laptop with CD for set periods and under supervision of JRCF staff. The computer will
only be used by PFC BM, will be placed in a secure storage between use, and routinely scanned
for potential communication messages that might be saved to the hard drive. CID is also
going to the JRCF to start interviewing any other confinees and staff members that interacted
with him over the past week.

?Evidence and Report Disclosures*

CID finished ?finalizing? their 2d Interim Report and the Forensic Reports. we are now at
the point where we need to turn over these documents, in a controlled fashion, to the
defense. I would like to deliver a copy of all the documents to each office today (CES,
EDVA, and FBI) in order to give you the opportunity to understand what we will turn over in
the coming weeks and to get your input on what information you would like us to temporarily
withhold based on the ongoing national security-threat and law enforcement investigations.

02907458
27961

Just to reiterate from previous conversations, we have an obligation under the Rules for
Court-Martial (RCM) to give the Defense a copy of the information that forms the basis of the
charges, and any information in our possession that is mitigating of the crime, etc. I
attached an excerpt of RCM 405, with relevant portions highlighted. It is our position,
absent an extraordinary need to withhold information (that we can clearly articulate and
which falls within the rules), that we turn over all the documents on the DVDs to the
defense. i

As for the classified documents, we are still waiting on the consent approvals, under the
applicable Executive Orders, to allow the defense to start viewing the information. we have
received all but one consent (ODNI) to turn over the evidence in a classified forum.
Separately, we are still working the issue with OGA, Dos, and ODNI.

If someone from your office is available today, I would like to bring the DVDs over after
1pm. I also ask that you can get back to us by 5pm on Monday, 9 May 11. The password for
the unclassified DVD is v. PFC Bradley Manningl? (without the quotations and including
the spaces)

Thank you.

v/r

Ashden

Ashden Fein

CPT, JA

02902889
27962

From: Fein, Ashden CPT USA SJA
San:

To:

Cc: Feito, Beatriz SGT USA SJA
Subject: DVDs

Could you please email me an acknowledgment that you received, from CPT Morrow, the following
DVDs today:

CID Case 0928-10-CID221-10117
Forensic Reports

Disk 1 of 3

CID Case 0628-16-CID221-19117
Forensic Reports

Disk 2 of 3

CID Case 0628-16-CID221-18117
Forensic Reports

Disk 3 of 3

CID Case

Classified Case File

Disk 1 OF 1
Thank you.
v/r

CPT Fein



02902889

27963

Ashden Fein

CPT, JA

02186942
27964






From: @ic.fbi.govT>
Sent: Friday, April 29, 20! I 9:56 AM

To: Fein. Ashden CPT USA SJA
Feim Reatri7 QGT I IFHO- Cl



3

Yes, received all of the below DVDs.

FBI Washington Field Office
office:
mobile

02892595

27965
From: Fein. Ashden CPT USA SJA
Sent: Frida A ril 29, 2011 11:54 AM
To: USA Marton, Andras M. LTC USA
Cc: Morrow Ill. JoDean. CPT USA 'Whyte, Jeffrey CPT MIL US

Overgaard, Angel M. CPT USA SJA

Subject: Prudential Search Request
Attachments: Policy Procedure Memo 9 29 1000O2.pdl
S?gned|3y:
Gents,

Attached is the DAG (D03) policy and explanation on the PSR (Prudential Search Request).

This is a very informative document (although explaining the case law and
requirements they have in place. we are using this as a base reference and have already
started creating our own version of this document under military case law. Also, the request
we intend to send up to NSC and the white House, out to other Executive Departments, and
throughout is a combination of this PSR and a preservation request (commonly used in
civil litigation cases). we have been working with CES, D0) to craft our hybrid memo and all
our Partner Agencies are waiting for the requests.

I am available anytime to discuss. Thank you.

v/r

Ashden

02892595 27966

Ashden Fein

CPT, JA

02903200
27967

From: Fein, Ashden CPT USA SJA

sent: Frida A ril 29 2011 12:01 PM

To:

Cc: Morrow JoDean. CPT USA SJA
subject: Draft PSR

Attachments: DRAFT PSR.pdf

Attached is the DRAFT PSR and Preservation request we chatted about. I intend to get these
out by wed of next week.

Thanks for the phone call today. we owe you an initial breakdown of the valuation issue and
will get that to you by wed as well.

Ashden

Ashden Fein

CPT, JA



02188671

From:
Sent:
To:

Cc:

Subject:

27968

?@statessov>

Friday, April 29, 2011 12:04 PM

Feinl Ashden CPT USA SJA

@state.gov>
Morrow JoDean, CPT USA SJA
?i_4

RE: Draft PSR

state . gov>

Thanks Ashden, and thanks for walking through things with us on the call today. I?m looping i? so that you

have his contact info and will send him the draft se arately. Joe, as I mcntioncd to on the hone, l?ll be starting a
new position as a for the next year or so. My collcaguc?, will be taking

over my responsibilities in

Its been great working with you guys over the last several months, and I wish you the best ofluck with this case. I?m
sure I'll continue to follow it in my new assignment, as well.

Best

!ttorney !!VlS?l'

Office of the Legal Adviser
Law Enforcement and Intelligence

U.S. Deiartment of State

SBU

This email is UNCLASSIFIED.

02885063

27969

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir,

Good evening.
investigation.

Fein. Ashden CPT USA SJA
Friday, April 29, 2011 6:14 PM
Almanza. Paul

Carlile. Monica L. SFC USA Matthew kernkes; Morrow Ill, JoDean.

CPT USA Egan. Michael CIV SJA:

Haoenancuonn cm MIL
LCOOFTV SITTWGOU ma la eense.com

US v. PFC BM (Article 32)

Delay of Atticle 32 Investigation (ManningB).pdf: 11-Apr-25-
Govemment Request to Delay Article 32 (ManningB).pdf; 11-Apr-26-Defense Response to
Government Request for Art 32 Delay (ManningB).pdf

Attached is a approved delay request for the Article 32
If you would like a copy of the enclosures of the Government

and Defense memorandums, please let me know and I will send them separately.

v/r
CPT Fein

Ashden Fein
CPT, JA



02884883

27970
From: Fein, Ashden CPT USA SJA
Sent: Friday, April 29, 2011 6:20 PM
To:
Cc: Matthew kemkes; Morrow JoDean, CPT USA Bouchand, Paul

CPT USCENTCOM USF-I Habei1and,John CPT MIL
Canile, Monica L. SFC USA JFHQ-NCRIMDW Feito, Beatriz SGT USA JFHQ-

SJA
Subject: US v. PFC BM (Monitoring)
Attachments: Monitoring Request Chain (ManningB).pdf

David,

Attached is the updated Monitoring request For PFC BM. what you will find in
this attachment, is the original request from the a clarification
email From the a response by the Provost Marshal General, and a
follow?on response by the

we are continuing to work your discovery requests and receiving OCA approvals
For disclosure.

Have a good weekend.

v/r
Ashden

Ashden Fein
CPT, JA

02189062

27971

From: @centcom.mn1
Sent PM

To: USAF USCENTCOM Fein, Ashden CPT USA JFHQ-

SJA

Cc: ARE USA USCENTCOM CCJA-SJA

Subject: RE: Shot Over

Signed By:

CPT Fein,

Any chance you we can get another set of the PFC Manning disks for the
declass review? The disks we have cannot be open/read on our CD Drives
because the disks have stickers on them that throw the weight of the disks
off.

If someone could just use a marker to write on the disks what the
classitication is (vice the sticker) and write what the disk contains (vice
CENTCOM, US PFC Manning Classification Review) then maybe we would be able
to open the documents up.

Thanks and sorry for the hassle.



This email may contain personally identifiable information protected under
the

Privacy Act of 1974, as amended, and USCENTCOM Sup 1 to 5490.11,
Privacy Program.



02884877
27972

From: Fein. Ashden CPT USA SJA

sent: Wednesday. May 04, 2011 6:18 PM

To:

Cc: Matthew kemkes; Morrow JoDean, CPT USA Bouchand, Paul

CPT USCENTCOM USF-I Habet1and.John CPT MIL

Cariile, Monica L. SFC USA SJA: Feno. Beatriz SGT USA JFHQ-
NCRIMDW Overgaard. Angel M. CPT USA SJA

Subject: US v. PFC BM Expen)

Attachments: Approval Defense Expert Armistead-Jehle
(ManningB).pdf

David,

The approved the defense request for a change of the
The contact information is below.

Patrick Armistead-Jehle,
Clinical
Chief, Concussion Clinic
Munson Army Health Center
Fort Leavenworth, KS

V/r?
Ashden

Ashden Fein
CPT, JA



02930382

27973

From:
Sent:
To:
Cc:

Subject:

Fein, Ashden CPT USA SJA
Monda ,August 22, 2011 1:40 PM

?usarmymil?; ?@us_am1 .miI'
Ford, Arthur D. wo1 USA JFHQ-NCRIMDW sJ_ USA OTJAG

Re: Informational, Security Clearance Processing, Ticket No. CLR000000157377

Gents. Can you please expedite this interim secret clearance? Thank you.

02914745
27974

From: Fein, Ashden CPT USA SJA
Sent: Monda Au ust 22 2011 7:08 PM

To: MIL USA

Subject: FW: US v. PFC BM Discovery, etc.

Sir. we provided more unclassified discovery. FYSA.



From: Fein, Ashden CPT USA SJA

Sent: Monday, August 22, 2011 7:07 PM

To:

Cc: Matthew kemkes; Joshua Tooman; Ford, Arthur
D. N01 USA Overgaard, Angel M. CPT USA
Morrow JoDean, CPT USA SJA

Subject: US v. PFC BM Discovery, etc.

David,
Good evening. Below is an update on discovery and other issues:

1. A CD containing the Clausen files (036804-042806) was sent to you
(7016-1066-6001-1272-6282) and MAJ Kemkes should have received his copy
today or will tomorrow.

2. Last week, I emailed Paul that we should have an answer by C08 today
on when we expect to have the classified forensic evidence ready for you and
your team. For multiple reasons, we will not be able to provide an answer
today. I hope to be able to provide an answer by the end of this week to
allow you and your experts adequate time to plan for travel.

3. Trent Struttmann's clearance is being expeditiously processed. All
of his information appears to be received.
4. Contracting has received the CyberAgents contract and is working to

award the sole-source contract so we can ensure their payments are
preapproved prior to their arrival.

S. we are working on finalizing the acquisition of the defense forensic
computer equipment and software. Our intent is to acquire all the material
and then send it to your experts (once officially retained by Contracting)
so they can preload the software and be ready to go.

6. we are working on finalizing Dr. Moulton's travel arrangements (DTS)
so he can freely travel to

v/r
Ashden

02942771

27975
From: Fein, Ashden CPT USA SJA
Sent: Wednesday, August 24, 2011 12:51 PM
To: Matthew kemkes
Cc: Morrow JoDean, CPT USA

Boston, Louis J. MAJ USA Chandler, Rodrick D. CW4 USA
SJA
Subject: Classified Computers

MAJ Kemkes,

we are still working on getting three computers to be used by the defense to
view, store, and handle classified information, above the resourcing
requirements for the forensic computer expert consultants. As you know,
there are special rules for the defense handling and using classified
information, and the prosecution team is best suited to ensure all rules are
followed and to ensure you have equal access to evidence. Therefore, the
main office kicked this resourcing issue over to the prosecution team and we
are directly working the issue to ensure that you have adequate systems in
place to use the classified information you are provided in discovery.

we will have final resolution on which computers will be signed over to the
defense prior to the disclosure of any classified information and with
adequate time to prepare your offices to receive the equipment and
subsequent information.

If you have any questions about this support, please let me know.

Thank you.

v/r
Ashden

02939137

27976

From:
Sent
To:
Cc:

Subject:

Fein, Ashden CPT USA SJA
Wednesda Au ust 24, 2011 5:59 PM

Morrow Ill, JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA
Dectaration

we Finally were able to chat about the

declaration.
person?
incorporated.

Thanks.

Ashden

Could we chat late tomorrow either over the phone or in
we do have some recommendations we would ideally like to see

02916317

27977

From:
Sent
To:
Cc:

Subject:
Attachments:

Importance:

Sir,

Fein, Ashden CPT USA SJA

Thursday, August 25, 2011 9:54 PM

Coffman, Carl_ COL MIL USA

Matthew kemkes; Tooman, Joshua CPT MIL US
USA TRADOC miI; Morrow JoDean, CPT USA JFHQ-
SJ vergaar nge . USA Ford, Arthur (Art 32 Delay Request)
11-Aug-25-Govemment Request to Delay Article 32 (ManningB).pdf

High

The United States requests an additional delay 0? the Article 32. Please
see the attached request.

v/r
CPT Fein

02217270

27978







Fr?m=
Sent: Saturday, August 27, 2011 6:31 AM
To: Fein, Ashden cm USA sm
Cc: Matthew kemkes
Tooman, Joshua] CPT MIL US USA
TRADOC Morrow Ill,
JoDean, CP -. . .
Overgaard, Angel M. CPT USA .IFHQ-NC
Ford, Arthur D. W01 USA JFHQ-
SJA
Subject: Re: US v. PFC BM (Art 32 Delay Request)
Mr. Coombs.

Do you have any issues or additions?



Sent via BlackBerry by

02216525




27979

From:

Sent: Saturday, August 27, 201 7:51 PM



Cc: . Matthew kemkes Tooman,Joshua CPT MIL US

USA TRADOC Morrow

Ill, .|oDean, CPT USA SJA
Ovcrgaard, Angel M. CPT USA JFHQ-








l\ . Ford, Arthur D. W01
USA JFHQ-NC Fein, Ashden CPT
USA A

Subject: [Suspected RE: US v. PFC BM (Art Delay Request)

Sir,

The Defense maintains its previous position that any additional delay should not be excluded under R.C.M.

707(c). Instead, the requested delay should be credited to the Government for speedy trial purposes
under Article 10 of the Uniform Code of Military Justice.


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



Notice: This transmission, including attachments, may contain con?dential 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

02920327

27980

Fronu
Sent
To:
Cc:

Subject:

Thanks.

Fein, Ashden CPT USA SJA

Monday, August 29, 2011 7:26 AM
2

Morrow JoDean, CPT USA Ford. Arthur D. W01 USA JFHQ-
SJA
RE: Sent you 2 emails earlier on your SIPR acct.

Sorry I missed you on Friday!

To clarify from the last time we met in_office about the
information you dropped off- do we (the prosecution) have the authority to
turn-over any discoverable information you provided us to the defense
without coming back to DSS for authority, with the exception of material
that is not originally owned by DSS FBI 362s, IRTF info, etc.)?

Thanks.

Ashden

02916038

27981

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda Au ust 29 2011 10:33 AM

To: (US)

Cc: Morrow JoDean, CPT USA Ford, Arthur D. WO1 USA JFHQ-

SJA
Subject: US v. PFC BM (CCIU Forensic Reports)
hnponance: I?gh



This is a follow?up to our conversation last week and to what has already
started.

The prosecution formally requests to review the forensic reports to
identify any classified equities and for consent from to
release final copies of the classified Forensic reports to the defense.
These documents are owned by CID and are classified, therefore we need
consent under the Executive Order to turn them over in discovery. we
acknowledge that we are responsible for obtaining the consent from the
original classification authorities for the information that is derivatively
used within the report.

we provided a copy of a spreadsheet that the government expert
created after reviewing the forensic reports so that he may reference areas
that should be reviewed and possibly corrected based on classification
guides and marking procedures.

Please provide this consent as soon as possible so that we can provide this
information to the defense and minimize any potential delays. Thank you.

v/r
CPT Fein

02915961

27982

From:
Sent:
To:
Cc:

Subject:
Attachments:

Importance:

Fein, Ashden CPT USA SJA

Monda Au ust 29 2011 11:18 AM



US Morrow Ill, JoDean CPT USA
Ford, Arthur (Delay Request)

Delay of Article 32 Investigation (ManningB).pdf





High

Sir. Attached is a copy of the delay approval/disapproval For the Article
32 investigation available anytime today to discuss

prior to acting.

v/r
Ashden

Thank you.

02926278

27983

From: Fein, Ashden CPT USA SJA
Sent: Monda Au ust 29, 2011 12:44 PM
To:
Cc: Morrow Ill, JoDean. CPT USA Ford, Arthur D. WO1 USA JFHQ-

SJA
Subject: MISC143

Could you please send me an email for our records that captures our
conversation last week about the CID document not containing any
classified State equities. Thanks.

Ashden

02942910







27984

From: Fein, Ashden CPT USA SJA

Sent -

To: USACIDC

Cc: @mai|.mi|; Ford, Arthur D. W01 USA

Morrow JoDean, CPT USA SJA
Subject: CID Unclas Case File

-3

As a back with their classification review of the
unclassified CID case file and the have identified? which

are classified

Ashden

02914759

27985

From:
Sent:
To:
Cc:

Subhn:
Attachments:

Importance:

LTC Almanza,

Good evening.


Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Fain. Ashden CPT USA SJA

Monday. August 29. 2011 7:29 PM

'Ahnanza.Paur

Matthew kemkes; Morrow JoDean, CPT USA
-1aberIand,John CPT MIL
Overgaam. Angel CP -N I Ford, Arthur W01 USA JFHQ-
?Joshua Tooman'

US v. PFC BM Article 32 Delay
Delay of Article 32 Investigation (ManningB).pdf

High

Please Find attached an Article 32 delay approval signed by the

02926353
27986

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, August 31, 2011 9:21 AM
To: PauIBouchan1

Cc:
Ford, Arthur 0. W01 USA orrow ean, -
SJA

Subject: RE: Message from CPT Paul Bouchard

Paul,

Thank you. That will not likely work for three reasons:

1. we are still working on receiving the final approvals from CIDC on
the release of their reports. we had to first get the underlying approvals
for all the substance evidence and now they are working on the final part.

2. Army contracting is still working on awarding CyberAgents the
contract for expert services. That might not be completed by that point.
3. The equipment we ordered is on its way and should be here by the

middle of next week. Once we receive it and the contract for CyberAgents is
awarded, we will ship it out to CyberAgents for them to get their computers
ready for work. we plan on offering this to minimize any delay once they
arrive in the area.

As of today, I estimate the last week of September as being the time for us
to have all the authorities to turn over the classified evidence to the
defense. I do not recommend making non?refundab1e plans for the last week,
but that is our target. I will have better clarity by the middle of next
week.

v/r
Ashden

Message--?--

From: Paul Bouchard mailto

Sent: wednesday, August 31, 2011 9:17 AM

To: Fein, Ashden CPT USA SJA

Cc:


Subject: Message from CPT Paul Bouchard

Ashden -- FYI:

Eric and Trent have informed me that September 10-20 would work well for
them to do the computer forensics. (They have a case at Fort Bragg slated to
end around Sept. 8; they could then drive up here and do the computer
forensics for US v. Manning). Do you think this can work?

we do have the Safe for classified data next to my office. when do you think
you'll provide us with the classified data and our software and hardware
requests? Also, where (what facility) will they do the actual computer
forensics work?

Thanks,

Paul

02918912
27987

From: Fein, Ashden CPT USA SJA

Sent: Wednesda Au ust 31 2011 11:48 AM

To:

Cc: 0w Ill, JoDean, CPT USA SJA
Subject: Thank you

Thank you for your assistance! -just left with all the files. Joe and
-went through each serial to ensure they were all accounted for- at
least the ones given to us. After 12-15 hours per day of unstapling,
scanning, and stapling for 4 days, we Finished.

My guys ensured they removed the staples, then scanned, and then restapled
before moving on to the next batch. we have a gift for all of you- a large
coffee cup full of staples and the blood caused by two large staples that
finally came out with the help of a leatherman!

Other than our blood and sweat, there was only one casualty and it was a
single page double fed and ri ed in the scanner. Oddly (or lucky) enough,
it was an email from me to? we have the original in email and we
scanned the ripped copy. ease let me know what you want to do with this?

we are going to start processing these files over the next few weeks and
then start our request for disclosure and use for the relevant documents
through NSLB.

Ashden



02915907

27988
From: Fein, Ashden CPT USA SJA
Sent: Thursda ,Se tember01, 2011
To: ?hbM.LusA
Cc: Morrow Ill, JoDean, CPT USA Fond. Arthur D. W01 USA JFHQ-

SJA

Subject: FW: US v. PFC BM (Discovery Update)
Sir. FYSA.



From: Fein, Ashden CPT USA SJA

Sent: Thursday, September 01, 2011 11:13 AM

To:

Cc: 'Kemkes, Matthew MAJ MIL ?Joshua
Tooman'; Morrow JoDean, CPT USA Ford, Arthur D. W01
USA SJA

Subject: US v. PFC BM (Discovery Update)

David,

we placed a DVD in the mail today containing unclassified discovery (BATES:
042807-044864). This DVD includes multiple pretrial confinement documents
from the confinement facilities. A copy is being delivered to MAJ Kemkes
today.

v/r
Ashden

Tnundng:

02915371

27989

From:
Sent:
To:
Cc:

Subject:

Good evening.

Fein, Ashden CPT USA SJA
Wednesda Se temberO7, 2011 8:57 PM
OGC

Morrow JoDean. CPT USA JFHQ-NCRIMDW SJA: Ford, Anhur D. W01 USA JFHQ-
NCRIMDW SJA

US v. PFC BM (PSR Update)

I was wondering if you have an update on the returns from the

rest of the Services, Agencies, and other organizations? Thank you.

v/r
Ashden

02942801

27990

From:
Sent:
To:
Cc:

Subject:
Attachments:

Fein, Ashden CPT USA SJA
Thursda Se tember 08, 2011 11:19 AM

Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA

Classification Reviews

11-Sep-07-Updated Request for Classification Review (DoS).pdf

Please Find our updated classification review request?


v/r?
Ashden

02942784
27991

From: Fein, Ashden CPT USA SJA

Sent: Se mber 08 2011 11:21 AM

To: usA

Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: Classification Reviews
Attachments: 11-Sep-07-Updated Request for Classification Review 11-Sep-07?Updated

Request for Classification Review 11-Sep-07-Updated Request for
Classification Review
Sir,
Please Find our updated classification review requests for CENTCOM,
Thank you.

v/r?
Ashden

02189081
27992

F-om= eeosdmne?

Sent: Friday, September 9, 20]] 1:28 PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill, JoDean, CPT USA SJA

Ford, Arthur D. W01 USA JFHQ-
5?
Subject: RE: US v. PFC BM (PSR Update)

I looked back throu entail and believe I have sent you everything I have received to date. Have you been able to get the
documents rrom? - I think mm is certain to be the bulk or them.

Vr/



From: Fein. Ashden CPT USA SJA
Sent: . Se lember07. 2011 8:57 PM
indoor? ooc

Cc: Morrow CPT USA Ford. Arthur D. WOI USA SJA
Subject: US v. PFC BM (PSR Update)

Good evening. I was wondering if you have an update on the returns from the
rest of the Services. Agencies. and other organi7ations'? Thank _vou.






02920066

27993

From: Fein, Ashden CPT USA SJA

Sent: Sunda Se tember11 2011 1:12 PM

To:

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Sumed:
Sir,

Could you please provide us an update on our request that I sent over SIPR
in reference to the OPN M.H. at your earliest convenience? Thank you.

v/r
Ashden



02189060

27994
From: @centcom.miIl
Sent: Monday, September 12, 2011 11:05 AM

To: Fein| Ashden CPT USA
Subject: RE: address

Signed By:

Sir you should have by the end of the week, it's going in the mail today.



This email may contain personally identifiable information protected under
the

Privacy Act of 1974, as amended, and USCENTCOM Sup 1 to 5460.11,
Privacy Program.

02935688
27995

From: Fein, Ashden CPT USA SJA

Sent: Tuesda ,Se tember 13, 2011 7:54 AM

To:

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Sumeu: emml

Sorry I did not get back to you any sooner yesterday. Are you available to
chat? Thanks.

Ashden

02187540 .
27996

From: ?@doaiis.miu

Sent: Tuesday, September 13, 2011 8:08 AM

To: Fein, Ashden CPT USA SJA
Subject: RE: Phone Call Discussion

Signed By:

Ashden -

My number is?. Going to a meeting now, but am free after 0900.
Thanks.

02915745



27997

From:
Sent
To:
Cc:

Subject:

Attachments:

Importance:

David and MAJ Kemkes,

Fein, Ashden CPT USA SJA

Friday. September 16. 2011 1:59 PM



Matthew kemkes; Tooman,Joshua CPT MIL US USA

Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA

US v. PFC BM (Excludable Delay and Document Issue)
11-Sep-16-Defense Classi?ed Computer Usage.pdf

High

Attached is a memorandum outlining the specialized computer equipment we are
providing the defense to review classified information and to provide to the
civilian forensic computer experts to handle classified information. we
intend to deliver the first batch of classified discovery today with the

computer equipment.

v/r
Ashden

Please let me know if you have any questions.

02948013
27998

From: Fein, Ashden CPT USA SJA
Sent: 11 9:21 PM

To: iisxwuscemcomcom-sJA:juMAusA

USCENTCOM CCJA-SJA

Cc: Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA
Subject: RE: address

we received the package on Friday. Thanks! Any update on the Classification
Reviews? Thanks.

CPT Fein

02923664

27999
From: Fein, Ashden CPT USA SJA
Sent: Monday. September 19, 2011 9:41 AM
To: Bouchard, Paul CPT MIL USA Eric Lakes
cc: Morrow Ill. JoDean, CPT USA
Kemkes, Matthew MAJ MIL USA: Ford, Arthur D. W01 USA SJA
Subject: RE: Please respond to Mr. Lakes? inquiry, computers
Paul,

That is incorrect. As we discussed on the phone, we are providing two
harddrives and all the software. The three computers we are providing are
for the defense team to view classified information and process any
information during the process.

v/r
Ashden



From: Bouchard, Paul CPT MIL USA OSA
Sent: Monday, September 19, 2611 9:05 AM

To: Eric Lakes

Cc: Fein, Ashden CPT USA SJA

Subject: Please respond to Mr. Lakes? inquiry, computers

Ashden:

Please see e-mail below from Eric Lakes. will he and Trent be using
Government computers or their own computers?

Thanks,

Paul

Original Message

we Lakes

Date: Monday, Septem er 19, 2611 7:45

Subject: RE: US v. PFC BM (Excludable Delay and Document Issue)

To: "'Bouchard, Paul CPT MIL USA

So I am to assume they want us to use their computers now and not
ours is

that correct?













From: Bouchard, Paul CPT MIL USA OSA





Subject: Fw US v. PFC BM (Excludable Delay and Document Issue)


Eric:

02923664



I hope this includes the attachment. If not, I'll e?mail it to you
tomorrowmorning.
Paul

Tracking:

28000

02217078

28001
Eric Lakes
Sent: Monday, September 19, 20] 9:44 AM
To: Fein, Ashden CPT USA SJ



Cc: Morrow JoDean, CPT USA JFHQ-
SJA Matthew kemkes
Ford, Arthur D. USA SJA






Subject: Please respond to Mr. Lakes? inquiry, computers

Ashden if you could send us the Hard Drives and Software to preload on the hard drives before we come to Ft Meade that
could save a lot oftirne there and let us get everything after they are installed up to date on their (software) patches etc . .

Eric Lakes
Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security Ill
MCSE, MCP, Network Plus.
Cyber Agents, Inc.


616 Pasadena Drive
Lexington, KY 40503



02923662

28002

From:
Sent
To:
Cc:

Subject:

Eric,

Fein, Ashden CPT USA SJA

Monday. September 19. 2011 9:52 AM

Bouchard, Paul CPT MIL USA OSA

coom armycourtmartialdefensecom; Morrow JoDean, CPT USA
Matthew kemkes; Ford, Anhur D. W01 USA SJA

RE: Please respond to Mr. Lakes? inquiry, computers

we will be delivering the harddrives and software to Kemkes this

morning.

V/r?
Ashden

02216474
28003

From:
Sent: Wednesday, September 21, 201 1 1:52 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Tooman,.loshua CPT Mll, US
USA TRADOC Morrow
Ill, JoDean, CPT USA SJA

Overgaard, Angel M. CPT USA

Ford, Arthur D. W01

Melissa Santiago







USA SJA




Eric Lakes
Subject: Preserve lividence Request
Attach: Preserve Evidence - 21 Seppdf
Ashden,

Please see the attached request.

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angell Street, #317

Providence, RI 02906

Toll Free: I-800-588?4l56

Local: (508) 6894616

Fax: (508) 689-9282





Notice: This transmission, including attachments, may contain con?dential attomey-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

02923368

28004

From:
Sent:
To:
Cc:

Subject:

David,

Fein, Ashden CPT USA SJA

Thursday. September 22, 2011 6:09 PM



Matthew kemkes; Tooman,Joshua CPT MIL US USA
Morrow JoDean, CPT USA

vergaar Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-

Melissa Santiago; Eric Lakes

RE: Preserve Evidence Request

Could you please clarify your request. Are you asking to have ALL harddrives
that were located in the TSCIF and TOC or only those that were collected by
CID and had Encase Forensic images produced? Thank you.

v/r
Ashden

02216472
28005







From:

Sent: Friday, September 23,2011 10:09 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Tooman.Joshua CPT Mll. US

USA
Ill, Jo[)ean, CPT USA SJA



Overgaard, Angel M. CPT USA
Ford, Arthur D. W()l
Melissa Santiago








SJA
USA SJA





Eric Lakes
Subject: [Suspected RE: Preserve Evidence Request



Ashden,

The defense request is for all hard drives that were located within the 11* and the 10C.

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



"?**Confidentiality .\lotice: This transmission, including attachments, may contain confidential attomey?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

02919156

28006

From: Fein, Ashden CPT USA SJA

Sent: Monda Se tember 26, 2011 1:13 PM

To:

Cc: Morrow lli, JoDean, CPT USA Ford, Arthur D. WO1 USA JFHQ-

SJA
Subject: Telephone Update

Good afternoon. I hope all is well and you had a good weekend. Are you
available For a telephonic update later today or tomorrow? Thanks.

Ashden

02919095

28007

From: Fein, Ashden CPT USA SJA

Sent: Monda Se tember 26, 2011 1:14 PM

To:

Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: Telephonic Update
Sir,

Good afternoon. I hope all is well and you had a good weekend. Are you
available For a telephonic update later today or tomorrow? Thanks.

Ashden

02188607

From ?@stateesov>

Sent: Monday, September 26, 201 I 2:37 PM

To: Fein Ashden CPT USA SJA
_@state.gov>

Cc: Morrow .loDean, CPT USA SJA
Ford, Arthur D. W01 USA .IFIIQ-

28008

SJA
Subject: RE: Telephone Update

How would tomorrow at 10:00 be?? You could call-.

This is UNCLASSIFIED

02187535
28009

From: dodiis.miI1

Sent: Monday, September 26, 2011 3:14 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: Telephonic Update

Signed By: ?@us.army.mi|

Hi Ashden -

I'm in both today and tomorrow.

02919079
28010

From: Fein, Ashden CPT USA SJA
Sent: 11 3:24 PM

To:

Subject: RE: Telephonic Update

Sir,

How is 6900 tomorrow morning?

02187534
28011

From: ?@dodiis.miI1

Sent: Monday, September 26, 2011 3:24 PM

To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Telephonic Update

Signed By: _@us.army.mil

Sounds good.

02916328

28012

Ftom:
Sent
To:
Cc:

Subject:
Attachments:

Importance:

Sir,

Fein, Ashden CPT USA SJA
Monday. September 26, 2011 5:35 PM


coom armycourtmamaldefensecom; Matthew kemkes; Morrow Ill. JoDean, CPT USA
il; Haber|and.John CPT MIL
Overgaard. Angel M. CP -N Tooman. Joshua CPT MIL US
USATRADOC

US v. PFC BM (Art 32 Delay Request)

110926-Government Request to Delay Article 32.pdf

High

The United States requests a delay of the Article 32. Please see the attached
request. Our digital scanner does not work, so I am providing an unsigned but

Final version.

v/r?
CPT Fein

Ashden Fein
CPT, JA

I will send an updated signed copy tomorrow.

02216469
28013

From:
Sent: Tuesday. September 27, 201 1 12:27 PM
To:

Cc: Matthew kemkes







Morrow JoDean, CPT USA
SJA
Haber1and,John CPT MIL USA

Overgaard, Angel M. CPT USA

CPT MIL US USA





TRADOC SJA l>
Subject: [Suspected RE: US v. PFC BM (Art 32 Delay Request)
Sir,

The Defense maintains its previous postion that any additional delay should not be excluded under 707
Instead, the requested delay should be credited to the Government for speedy trial purposes under Article
10 ofthe Uniform Code of Military Justice.


David

David E. Coombs, Esq.

Law Office of 1)avid E. Coombs

11 South Angell Street, #317
Providence, R1 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



Notice: This transmission, including attachments, may contain con?dential attomey-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

02216468








28014

From: Bouchard, Paul CPT USA MIL (US)

Sent: Wednesday, September 28, 201 1 4:12

To: Fein, Ashden CPT USA SJA

Cc: Robertson, Calder I. USA CIV (US) Shaver,

David USA CIV (US) Pittman, Ryan I) USA CIV

ljllis, Kirk

Clapper, Charles USA
Bettencourt, Troy
airena, amara USA CIV

Subject: CPT Bouchard wants to talk to 13 Government witnesses, US v. PFC Bradley Mannin
(UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden FYI and heads up

I need to speak to the individuals listed on the cc line vis?a?vis the Manning case. As you know, we have equal access to
these persons as you do with any potential defense witnesses.

I have phone numbers for these individuals and will begin calling them tomorrow, 29 September. My questions will be in
the area of computer forensics.

I do not have any contact information telephone or e-mail address for Mr. Mark Johnson. He apparently works at

the Computer Crimes lnvestigative Unit at Quantico, VA. Any contact information on Mr. Johnson is greatly appreciated.

Respectfully,

CPT Paul Bouchard

Defense Counsel

Trial Defense Services

Fort Meade Field Office

Fort Meade, Maryland

Classification: UNCLASSIFIED
Caveats: FOUO

02941021
28015

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, September 28, 2011 4:58 PM

To: Bouchard, Paul CPT USA MIL (US)

Cc: Robertson, Calder USA CIV Shaver, David USA CIV Pittman, Ryan

USA CIV Ellis. Kirk USA CIV Williams,
Stephen USA CIV Wilbur, John USA CIV
Clapper, Charles USA CIV Troy USA CIV
Mairena, Tamara USA CIV Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA SJA

Subject: RE: CPT Bouchard wants to talk to 13 Government witnesses, US v. PFC Bradley Mannin
(UNCIASSIFIED)

CPT Bouchard,

Thank you for the heads up. we will work to comply with this request to the
best 0? our ability, while balancing the ongoing nature of this
investigation, other investigations by the United States Government, and
national security.

v/r
CPT Fein

02916314
28016

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, September 28. 2011 5:08 PM

To: 'Almanza, Paul?

Cc: Matthew kemkes; Morrow JoDean, CPT USA

Haberland,John CPT MIL Overgaard, Angel M. CPT
- ooman,Joshua CPT MIL US USA


Subject: US v. PFC BM (Art 32 Delay)
Attachments: Delay of Article 32 lnvestigation.pdf
Sir,

Good afternoon. The granted an additional delay of the Article 32
investigation. Please see attachment.

v/r?
CPT Fein

28017

INSTRUCTIONS FOR PREPARING AND ARRANGING RECORD OF TRIAL
USE OF FORM - Use this form and MCM, 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.
Inapplicable words of the printed text will be
deleted.

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

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

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

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.

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

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 38(c)).
5. DD Form 494, "Court-Martial Data Sheet."

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.

14. Records of former trials.
15. Record of trial in the following order:
a. Errata sheet, if any.
b. Index 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 appropriate, action of officer exercising general courtmartial jurisdiction.
f. Exhibits admitted in evidence.

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.

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.

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.

h. Appellate exhibits, such as proposed instructions, 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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