Title: Volume FOIA 087

Release Date: 2014-03-20

Text: 28018

Volume 87 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 ?surrimarizeo? 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

02948998

28019

From:
sent:
To:
Cc:

Subject:

David,

Fein, Ashden CPT USA SJA

Thursday, September 29, 2011 4:40 PM



Matthew kemkes; Tooman,Joshua CPT MIL US USA

Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford, Arthur D. WO1 USA JFHQ-
Melissa Santiago; En'c Lakes

RE: [Suspected RE: Preserve Evidence Request

Thanks for the chat this afternoon. To recap, you are requesting the
preservation of the Following items:
1. All SIPR hard drives in the TOC and SCIF of 2/10 MTN, regardless if they

were seized or imaged

2. All Encase Forensic images of all computers seized by the United States

v/r
Ashden

02216457
28020






From:

Sent: Thursday, September 29, 20] I 4:43 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes 2 >1 Tooman.JoshuaJ CPT MIL US

USA TRADOC
Ill, JoDean, CPT USA SJA







SJA
USA SJA



il>;



Melissa Santiago




Eric Lakes
Subject: RE: [Suspected RE: Preserve Evidence Request



Ashden,
Your understanding of the Defense request to preserve evidence is correct.

Best,
David

David E. Coombs, Esq.

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

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

Fax: (508) 689-9282




Notice: 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

02188553
28021

Sent: Thursday, September 29, 2011 6:37 PM

To: Fein, Ashden CPT USA SJ
Morrow JoDean, CPT USA SJA


Subject: FW: Version 2 of the OCA Declaration
Attach: PFK Declaration vl 1.docx

Ashden, Joe, our A bureau has completed a draft (attached) of the proposed declaration along the lines we
discussed in our meeting. We in have not yet had a chance to review, but will do so shortly. Nevertheless, we didn't
want our review to hold up your consideration of the declaration. Let us know if this is what's needed. Thanks-

SBU
This email is UNCLASSIFIED.

0221 6454

28022
From:
Sent: Friday, September 30, 20] I 8:27 AM
To: Fein, Ashden CPT LTSA SJA
Cc: Morrow JoDean, CPT USA SJA




Overgaard, Angel M. CPT USA JFHQ-


SJ Ford, Arthur D. WOI
USA WHO-NC
au Bouc ar



9

Subject: [Suspected Agent Interviews

Ashden,

I don't see the necessity for Mr. Andrews? request to work through Mr. King. My main concern is that
coordinating with Mr. King will unnecessarily add a layer to the entire process. The agents that we want to
speak with are stationed in Alaska, Hawaii, Japan, Germany, Iraq, Afghanistan, and throughout CONUS.

Why is it necessary for Mr. King, as the SAC of CCIU, to coordinate interviews for each ofthesc
witnesses? IfMr. King wanted to coordinate the interviews of agents in his office, then this
would make somewhat more sense. However, it appears that Mr. Andrews? email is addressing all
CID agents. Also, I am troubled by his statement that "Kenny will coordinate the requests. as
appropriate." Does this mean that one or more agents will not cooperate with a defense interview
request??

Best,
David

David E. Coombs, Esq.

Law Office of [)avid E. Coombs

ll 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 confidential attomey?clicnt
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 ofthis information may be
unlawful and is

-- Original Message
Subject: Fw: CPT Bouchard wants to talk to 13 Government witnesses, US
v. PFC Bradley Mannin (UNCLASSIFIED)
MDW









-
?Over aard An el M. CPT USA
"Ford, Arthur







02216454
28023

0' ?"01 5_

David,
Please see below. If you have any questions, please let us know.

Vr
Ashden

Original Message

From: Andrews, Daniel USA CIV (US) [maiIto:
Sent: Thursday, September 29, 2011 05:15 PM

in A - King, Kenneth A USA CIV (US)









Cc: walterhouse, Fran USA CIV (US)
Cuneo, Kerry MAJ USA MIL (US)
Subject: RE: CPT Bouchard wants to talk to 13 Government witnesses, US v. PFC
Bradley Mannin (UNCLASSIFIED)



I

Ashden,

Due to the ongoing investigation and as yet unresolved classification and
national security issues, I'd like to establish a single CID interface for
the defense team.

Please convey to the chief defense counsel that SAC Kenny King, CCIU
Washington Metro Office, 571-305-4461, will be the focal point for all
requests to communicate with CID personnel (agents, forensics examiners,
etc). Kenny will coordinate the requests, as appropriate.

Ultimately, this benefits all parties by streamlining efforts and ensuring
appropriate equities are represented. Thanks.

Daniel T. Andrews
Deputy Director
Computer Crime Investigative Unit



"The Army's Digital Detectives"

Message--?--

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 IV Wil ur, Jo USA CIV









Zlapper, Charles USA CIV

Bettencourt, Troy USA CIV Mairena, Tamara USA
CIV Morrow JoDean, CPT USA Overgaard, Angel
CPT USA MIL (us)

Subject: RE: CPT Bouchard wants to talk to 13 Government witnesses, US v.

PFC Bradley Mannin (UNCLASSIFIED)

CPT Bouchard,

02216454
28024

Thank you for the heads up. We will work to comply with this request to the
best of our ability, while balancing the ongoing nature of this

investigation, other investigations by the United States Government, and
national security.

v/r
CPT Fein


From: Bouchard, Paul CPT USA MIL
[mai|to:



Sent: Wednesday, September 28, 2011 4:12 PM
To: Fein, Ashden CPT USA SJA
Cc: Robertson, Calder USA CIV Shaver, David USA CIV

Pittman, Ryan USA CIV Ellis, Kirk

USA CIV US William ephen A IV Wilbur, John USA CIV
Clapper, Charles USA CIV

Bettencourt, Troy USA CIV Mairena, Tamara USA









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 Investigative
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 Of?ce
Fort Meade. Maryland

Classification: UNCLASSIFIED
Caveats: FOUO

02216452
28025

From: Kemkes, Matthew MAJ MIL USA

Sent: Friday, September 30. 2011 4:25 PM

To: Fein, Ashden CPT USA SJA

Cc: Santiago. Melissa CW2 RES USA
Subject: Request for Supplies (UNCLASSIFIED)

Attachments: Request for SuppIies.pdf

Signed By: I

Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Please see the attached request.
Respectfully,

MAJ Matthew J. Kemkes

Senior Defense Counsel, NCR

U.S. Army Trial Defense Service
Fort Myer, Virginia



Classification: UNCLASSIFIED
Caveats: FOUO



02947875

28026

From: Fein, Ashden CPT USA SJA

Sent: Sunday. October 02, 2011 8:13 PM

To:

Cc: Morrow Ill, JoDean. CPT USA Overgaard, Angel M. CPT USA

Ford, Arthur D. W01 USA
Subject: e: gent ntervuews
David,

I appreciate your concern; however, rather than an unnecessary added layer, CCIU's response
seems to be a more efficient means by which to coordinate the interviews of numerous agents.
As you accurately stated, agents are stationed worldwide, and coordinating interviews in
different time zones, particularly with deployed individuals, can be very time-consuming. SA
King will be able to de-conflict schedules for you and ensure the availability of the
appropriate individuals at a time convenient for you.

Also, this is still an ongoing national security investigation involving other law
enforcement agencies and equities, and classification reviews are still ongoing. It seems
much more burdensome and time-consuming for you to ask an agent a question and have to wait
for him to determine whether his response is classified or whether the information in his
response has been approved for released before he can answer your question.

In his email, SA Andrews refers to the unresolved classification and national security
issues. The "as appropriate" language, therefore, likely refers to these concerns and
ensuring agent responses do not compromise any information that cannot be released at this
point in time.

CCIU is aware of the Article 32, Article 46, and the accused's right of equal access to
witnesses; however, given the national security concerns and pending approvals and
classification reviews, SA King's coordination seems necessary to ensure all equities are
protected while also ensuring your ability to prepare for the Article 32.

Please let me know if you have any further questions or concerns.

Vr
Ashden



0221 6447

28027
From:
Sent: Sunday, October 2, 20] I 1 :48 PM
To: Fein, Ashden CPT SJA
Cc: Morrow ]oDean, CPT USA SJA

Overgaard, Angel M. CPT USA
Ford, Arthur D. WOI


9





Subject: [Suspected RE: Agent Interviews

Ashden,

I am all for efficiency, and I appreciate CCIU's interest in assisting the Defense in coordinating the interviews
of numerous agents. I want to make sure that I understand how this process is intended to work. Is SA King
simply setting up convenient times for us to interview the requested agents or will he also have some additional
role? How is coordinating through SA King going to avoid a situation where an agent needs to determine
whether his response is classified or not?? How is coordinating through SA King going to ensure that an agent's
response does not compromise any information that cannot be released at this point in time?

Best,
David

David E. Coombs, Esq.

Law ()ffice of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508) 689-46l6

Fax: (508) 689-9282



Notice: 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

02181053
28028











From: (us) ?@maiI.miI]

Sent: Tuesday. cto 4, 11 11:09 AM

To: Fein Ashden CPT USA SJA

Cc: Ford, Arthur D. wo1 USA
Morrow JoDean CPT USA

USA MIL

(US)

Subject: RE: CCIU Forensic Repons

Signed By: ?@us.army.mi|

CPT Fein,

CID Report of Investigation (including allied
documentation) is classified; however, all classified information was
derived from non?CID classification authorities. None of the information in
CID ROI was classified pursuant to CID's original
classification authority.

Further dissemination of the CID report may be effected IAN established
discovery procedures.

Computer Crime Investigative Unit

u.s. Arm CID


"The Army's Digital Detectives"

-?-??Original
From: Fein, Ashden CPT USA SJA


Sent: Tues ay, Octo er 64, 1

To: USA CIV (US)

Cc: USA CIV CIV Ford, Arthur
Jr N01 USA MIL Morrow JoDean, CPT USA SJA

Subject: CCIU Forensic Reports

Importance: High



we received the final version of the forensic reports yesterday. when do

you estimate that we will receive the final decision on whether there are

any classified equities involved in the reports? Once we receive
this answer, then we will send the reports up to the DA G2 for approval to
turn over in discovery.



Thank you.
v/r

CPT Fein

02923377
28029

From: Fein, Ashden CPT USA SJA
Sent: Thursda October 06 2011 3:02 PM





To: (US)
Cc: Morrow JoDean, CPT USA
Ford, Arthur D. W01 USA SJA
Subject: Preservation Request
Attachments: 111004-Evidence Preservation Request



Please see attached Preservation Request. Thank you.

v/r?
CPT Fein

02915491
28030

From: Fein, Ashden CPT USA SJA
sent: Thursda October 06, 2011 3:03 PM





To:
Cc: Morrow Ill, JoDean, CPT
USA Ford, Arthur D. W01 USA SJA
Subject: US v. PFC BM (Preservation Request)
Attachments: 111004-Evidence Preservation Request

Good afternoon. Please see attached preservation request. This request is
in addition to the standing PSR we previously submitted. Thank you.

v/r
CPT Fein

02949048

28031
From: Fein, Ashden CPT USA SJA
Sent: Thursday. October 06, 2011 3:23 PM
To:
Cc: Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA

SJA: Ford, Arthur 0. W01 USA

roomanuosnua CPT


Subject: RE: [Suspected RE: Agent Interviews

David,

Thanks for the phone meeting. Please read below, and let me know if this is an accurate
recount:

1. The United States should be ready to turnover the classified forensic evidence by 3 Nov
11. when it is ready, we will work to provide the production to the defense at Fort Myer.
Because of the New Developments course that week, you rather meet the following week for the
prosecution to discuss the case, as outlined below, with the defense.

2. we will plan on meeting on 8-9 Nov. The defense team will be present, with or without
the computer forensic experts and the security experts.
3. Depending on the outcome of the meeting, you might want to have your client flown out

to the NCR to sit down and receive the same briefing/explanation of the forensic evidence.
That decision will be made after the initial meeting.

4. Assuming the prosecution receives the final classification review, we the approvals to
turn over classified information, we will be ready to move immediately into the Article 32
investigation. The prosecution will notify the and the Article 32 will likely be
ordered to occur soon after the 8-9 Nov meeting.

5. The prosecution will make available the classified evidence as soon as we receive the
approvals and have it prepared to turn?over, even if before 3 Nov.

Thank you.

v/r
Ashden

02216386

28032
From:
Sent: Thursday, October 6, 201 4:02 PM
To: Fein, Ashden CPT SJA
Cc: Morrow Ill, JoDean, CPT USA SJA

Overgaard, Angel M. CPT LISA JFHQ-
1 Ford, Arthur D. WOI






USA SJA



Tooman,Joshua



CPT MIL US USA TRADOC
Subject: RE: [Suspected RI-2: Agent Interviews

Ashden,
1 agree with your synopsis of our conversation.

If the classi?ed discovery is provided to the defense prior to our meeting, I will come down to look through the
information. Additionally, the defense will be ready to conduct the Article 32 as soon as the orders it
to begin. Once we receive the witness list from the Article 32 Officer, the defense will submit its witness list.

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

l.oca|t (508)689-4616

Fax: (508) 689-9282



Notice: 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

02181017





28033
From: ?@maiI.miI1
Sent: Thursday, October 06, 2011 4:26 PM
To: Fein Ashden CPT USA SJA
Cc: Morrow Ill. JoDean JFH-
-0 An I 10 A



Q-NC

(US)

Subject: RE: Preservation Request

Attachments: 111004-Evidence Preservation Request
Signed By: ?@us_army_mi|

Follow Up Flag: Follow up

Hagsmumz

Ashden,

Receipt acknowledged.

All evidence collected by CID has been, and will continue to be, preserved
until the completion of any judicial actions, appeals, and disposition
approval as prescribed by AR 195-5.

The deFense's request specifically mentions all hard drives used in the 2/10
BCT's T-SCIF and TOC. with the exception of any items collected as
evidence, CID does not control those hard drives and is not in a position to
preserve them. I presume that a similar preservation request has been (or
will be) directed to 2/16 BCT and/or

Computer Crime Investigative Unit

U.S. Aimi CID

"The Army's Digital Detectives"

02188863
28034

Fro-n= ?@icefbi.sov>

Sent: Thursday, October 6, 201 1 4:29 PM

To: Fein, Ashden CPT USA SJA

Cc: ?@ictbi.gov>

Subject: Damage Assessment

Ashden -

You can send the fomtal request for the damage assessment t? Assistant Director. Division. He
will get it to the right people. And. just so you knowimpact statement. In case that makes a difference for
your letter.

I reached out 10- re the PSR. but he's out of the o?ice until Tuesday.
Let me know if there's anything else.
Thanks!

Assistant General Counsel



02923374

28035

From:
Sent:
To:
Cc:

Subject:

Thank you.

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Thursda October 06, 2011 4:55 PM .
(US)
Morrow JoDean CPT USA
D. WO1 US

A JFHQ-NCRIMDW






RE: Preservation Request

we sent a request to 2-16 and we are sending one to ARCENT as

the TPE property holder.

02186847
28036

From:
Sent:
To:

ic.fbi.gov>




Fein, Ashden CPT USA JFHQ-


@usdoj.gov>; Morrow I11, JoDean, CPT USA SJA
Ford, Arthur D. WOI USA WHO-


Subject: Re: US v. PFC BM (Preservation Request)

WFO has started this process but lnve not completed. Will provide an update on progress later next week as I will be on travel until
the middle of next week. Thanks.

!upemsory !peci!l !gcnt (SSA)

FBI
Washington Field Office
601 4th Street. NW

Washin vton DC 20535
f?ce
ell



02942807

28037

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir,

Fein, Ashden CPT USA SJA
23PM
SA OTJAG

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


Classification Reviews

111006-Updated Request for Classification Review 111006-Updated
Request for Classification Review

Thank you For your continued assistance. Attached is our updated request
For the completion of the classification reviews by SOUTHCOM and CENTCOM.

Hopefully we can chat early next week. Thank you and have a good weekend.

v/r?
Ashden

02942850

28038

From:
Sent:
To:
Cc:

Subject:
Attachments:



Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Frida October 07, 2011 5:22 PM

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

USA OTJAG:

Classification Review
111006-Updated Request for Classification Review (DoS).pdf

Thank you For your continued assistance. Attached is our updated request
For the completion of the classification review. As you will see, we
provided a new date and consider this one a "hard date". Hopefully we can

chat early next week.

v/r
Ashden

Thank you and have a good weekend.

02923880
28039

From: Fein, Ashden CPT USA SJA

Sent: esda 2011 8:21 AM

To: A OTJAG

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

NCRIMDW SJA
Subject: Phone Call
Sir,

Are you available For a phone conversation this afternoon? Thank you.

Ashden

02923850
28040

From: Fein, Ashden CPT USA SJA
Sent: Wednesda October 12 2011 8:47 AM

To: USA OTJAG
Subject: RE: Phone Call (UNCLASSIFIED)

Scheduled. Thank you.

02212135

28041

From: 2% owe j@conusaarmv~miII
Sent: Wednesday, October 12. 2011 8:45 AM

To: Fein, Ashden CPT USA SJA

Subject: RE: Phone Call (UNCLASSIFIED)

Signed By: I

Classification: UNCLASSIFIED
Caveats: NONE





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

SIPR:
JNICS:
Tel:



02187524

28042
From: @dodiis.mi|l

Sent: Wednesday, October 12, 2011 8:56 AM

To: Fein, Ashden CPT USA SJA

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

SJA

Subject: RE: Phone ate

signed By: us.army.miI

Ashden -

I should be here all afternoon, Thanks.

-??--Original

From: Fein, Ashden CPT USA SJA
1

Sent: Wednesday, October 12, 2011 8:46 AM

To:

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

Subject: Phone Update

Sir,

Good morning. I tried calling a little bit ago and did not leave a message.
Are you available this afternoon For a phone conversation? Thanks.

v/r
Ashden

02915882

28043

From: Fein, Ashden CPT USA SJA

Sent: 2011 1:10 PM

To: MIL USA

cc: Morrow Ill, JoDean, CPT USA Ford, Anhur D. W01 USA JFHQ-

NCRIMDW SJA
subject: FW: US v. PFC BM (Discovery)

Sir. FYSA. we produced additional discovery. As of yesterday, a total of
45,581 pages.

v/r
Ashden

--?--Original

From: Fein, Ashden CPT USA SJA

Sent: Thursday, October 13, 2611 1:09 PM

To:

Cc: Matthew kemkes; 'Tooman,Joshua CPT MIL US USA

Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford, Arthur 0. H01 USA
?Melissa Santiago?

Subject: US v. PFC BM (Discovery)

David,

Yesterday, we sent to you (tracking 7810 1060 0001 1274 4619) and delivered
to MAJ Kemkes unclassified discovery (BATES: 60045382-00045581). These
documents are miscellaneous documents from the CID case file. we also
re-delivered the three classified laptops to the TDS office and verified that
CH2 Santiago could log on to one of them.

v/r
Ashden

Tracking:

02216380
28044

From:
Sent: Thursday, October I3, 201 l:35 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes il>; Tooman.JoshuaJ CPT MIL US
USA TRADOC ny- Morrow
JoDean, CPT USA SJA

Overgaard, Angel M. CPT USA Jl-?llQ-

Ford, Arthur D. W01

Melissa Santiago








SJA
USA SJA


Subject: RE: US v. PFC BM (Discovery)
Attach: 13 Oct Discovery Request.pdf
Ashden,

Thank you for the update. Please see the attached discovery request. Let me know if you have any questions.

Best,
David

David E. Coombs, Esq,

Law Office of David E. Coombs

1 I South Angell Street, #3|7
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 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

02981140
28045

From: Fein. Ashden CPT USA SJA

Sent: Monday, October 17. 2011 9:45 AM

To:

Cc: Matthew kemkes; 'Tooman.Joshua CPT MIL US USA

F: Morrow Ill, JoDean, CPT USA SJA:
vergaano, Angel M. CPT USA SJA: Ford, Arthur W01 USA JFHQ-

?Melissa Santiago?
Subject: RE: US v. PFC BM (Discovery)

David,

we acknowledge receipt of this discovery request and are working to process.

v/r
Ashden



02916498
28046

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. October 18, 2011 9:23 AM

To:

Cc: Matthew kemkes; Tooman,Joshua CPT MIL US USA

Morrow JoDean. CPT USA
vergaard, Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-
Melissa Santiago

Subject: US v. PFC BM
Attachments: 111014-Excludable Delay Memorandum.pdf
David,

Attached is the excludable delay accounting memo.

v/r
Ashden

02212133
28047

From: USA OTJAG

Sent: Wednesday. October 19, 2011 8:14 AM
To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Subject: view (UNCLASSIFIED)
Signed By: us.army.mi|
Classification: UNCLASSIFIED

Caveats: NONE

Got it and just sent to CENTCOM via SIPR.



OFFice of the Judge Advocate General of the Army, Pentagon 3DS48
NIPR: conus.arm .mi1
SIPR: @HQDA?S.army.smil.mil

JNICS: ami.ic. ov
Tel:



02915875

28048

From:
Sent
To:
Cc:

Subject:

Fein, Ashden CPT USA SJA
Fn'da October 21 2011 7:04 AM

MIL USA
Morrow Ill, JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

FW: US v. PFC BM (Discovery)

Sir. FYSA-Ongoing unclassified discovery production.



From: Fein, Ashden CPT USA SJA
Sent: Friday, October 21, 2611 7:83 AM

To:

Cc: Matthew kemkes;

'Tooman,Joshua CPT MIL US USA

Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford, Arthur D. N01 USA

SJA

Subject: US v. PFC BM (Discovery)

David,

Yesterday, we sent to you (tracking: 7010 1060 8001 1274 4026) miscellaneous
CID documents from their case File (09645S82-60946073). we also delivered a

copy to MAJ Kemkes.

v/r
Ashden



Have a good weekend.



02916332

28049

From:
Sent:
To:
Cc:

Subject:
Attachments:

Importance:

Sir,

Fein, Ashden CPT USA SJA
Tuesday. October 25, 2011 6:11 PM

Matthew kemkes; Morrow Ill. JoDean. CPT USA
'Haberland,John CPT MIL
Overgaard, Angel M. CP A 'Tooman, Joshua CPT MIL US
USA

US v. PFC BM (Art 32 Delay Request)

111025-Government Request to Delay Article 32.pdf

High

The United States requests a delay of the Article 32. Please see the attached

request.
v/r

CPT Fein

Ashden Fein
CPT, JA



02916442
28050

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. October 25. 2011 6:15 PM

To:

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

'Haber|and.John CPT MIL Overgaard, Angel M. CPT
USA 'Tooman, Joshua CPT MIL US USA

Subject: US v. PFC BM (8-9 Nov 11 Meeting)
Attachments: 111025-Proposed Meeting with Defense.pdf
David,

Good evening. Attached is a memorandum that captures our previous discussions
and outlines some ground rules for our 8-9 Nov 11 meeting. Although we expect
the meeting only to take one day, we are planning for two. The location and
time is TBD. Please let me know if you have any questions.

-Break-

Additionally, we are working to receive the final approval for the Forensic
reports and other classified information. we hope to have this information by
1 Nov. Once we receive the approval, we will start production and have it
ready for your team before the end of the week. Please let us know when you
would like us to schedule, if at all, your forensic computer experts to travel
out to Fort Meade.

v/r
Ashden

02216375
28051

From:
Sent: Tuesday, October 25, 201 1 6:45 PM
To: Fein, Ashden CPT USA SJ il>

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








Haberland,John CPT MIL USA
Overgaard, Angel M. CPT USA
Tooman,JoshuaJ CPT MIL US USA

Subject: [Suspected RE: US v. PFC BM (8-9 Nov I 1 Meeting)

Attach: TC Presentation.pdf
Ashden,

The terms of our November meeting as proposed in your memorandum are acceptable to the defense. I have
attached my signed acknowledgement.

I will be traveling to D.C. on the 7th along with other defense experts to conduct a review, prior to our meeting,
of the classified discovery. Please let me know if anything affects the time line for the Government's disclosure
of the classi?ed discovery. CPT Bouchard will contact you later this week in regards to the forensic review by
Mr. Lakes and Mr. Struttman.

Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angel] Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-46l6

Fax: (508) 689-9282




Notice: 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

02216373
28052

From:
Sent: Tuesday, October 25, 201 I 6:49 PM


Cc: Matthew kemkes













>1 Morrow JoDean, CPT USA





Haberland,John CPT MIL USA

Overgaard, Angel M. CPT USA
Tooman,JoshuaJ CPT MIL US USA
Fein, Ashden CPT USA


Subject: [Suspected RE: US v. PFC BM (Art 32 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

ll South Angell StIeet, #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 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 prohibited.**"

02918413

28053
From: Fein, Ashden CPT USA SJA
Sent: Wedne a October 011 11:51 AM
To: USA OTJAG
Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. W01 USA

SJA

Sumed: tmmy
Sir,

Are you available between 1566 and 1530? I would like to come by and drop
off the Army G2 request and chat about it. I sent you a read?ahead on SIPR
along with a CYBERCOM damage assessment request. Please do not process the
Army G2 request until we discuss and more importantly after I drop off the
underlying Files/CDs. Thank you!

v/r
Ashden

02217226

From:
Sent:
To:
Cc:

Subject:

28054

COFFMAN, CARL COL MIL USA IMCOM

Wednesday, October 26, 201 I 4:37 PM


Matthew kemkes
SJA








Morrow Ill. JoDean, CPT USA




HaberIand,John CPT MIL USA

Overgaard, Angel M. CPT USA
Tooman,JoshuaJ CPT MIL LJS USA
Fein, Ashden CPT USA



RE: US v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)

Classi?cation; UNCLASSIFIED

Thanks.
Coffman



02187520

28055
From: ?@d0diis-mill
Sent: Thursday, October 27, 2011 11:20 AM
To: Fein Ashden CPT USA SJA
Cc: Morrow Ill, JoDean, CPT USA Ford,

Arthur 0. W01 USA SJA

Sutuect

Signed By:

Ca tain Fein Your? he uest is in the hands or!-
who indicated she wou tain approval.

General

Defense Intelligence Agency
jli


From: Fein, Ashden CPT USA SJA

1
Sent: Wednesday, October 26, 2011 6:16 PM

To:
Cc: Morrow JoDean, CPT USA

Ford, Arthur D. woi USA SJA
Subject: Expert Support



Sir,

Attached is the prosecution's request for continued analytic/security
support. Please provide any recommendations, if you think the language
should be tweaked. Thank you!

v/r
Ashden

02216365

28056
From: Bouchard, Paul CPT USA MIL
Sent: Thursday. October 27, 201 3:01 PM
To: Fein, Ashden CPT USA SJA
Subject: Message from CPT Paul Bouchard (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:

1. When do you think the Defense's computer forensics team (Eric Lakes and Trent Struttmann) will be able to do
their forensics? I know you said you'll have the classified data for us by Nov. 3-4. Just wondering if there's
anything else we'll need for Eric and Trent to do their work.

2. Trent told me Eric already booked their (Eric and Trent's) travel for the meeting on Nov. 8 and possibly the
Flights to BWI, hotel, and car rental come out at $1332.75. They're expecting per diem for food and at cost for

gas. Are you okay with this? Again, they booked it in advance.

Thanks,

Paul

Classification: UNCLASSIFIED
Caveats: FOUO



02926350

28057

From:
Sent:
To:

Subject:

Paul,

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Thursday, October 27, 2011 3:01 PM

Bouchard, Paul CPT USA MIL (US)

RE: Message from CPT Paul Bouchard (UNCLASSIFIED)

Please call so we can chat. Thanks.

02216364
28058

From: Bouchard, Paul CPT USA MIL (US)

Sent: Thursday, October 27, 201 1 4:04 PM

To: Fein, Ashden CPT USA SJA

Cc:



Subject: Message from CPT Paul Bouchard (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:
It was good talking to you. Just a few things.

1. Do you foresee Eric and Trent getting on and off post easily for the Nov. 8 meeting? Both Eric and Trent will
attend the Nov. 8 meeting, and it is my understanding that the meeting will be either at Fort Belvoir or the
Military District of Washington. Eric and Trent will be in a car rental. Do they a need a pass to get on base or a
CAC equivalent for contractors/visitors? If so, will this take a lot of time? Anyway we can streamline the process?
Just want their travel and on/off post access to be efficient.

2. Computer stuff. I Understand that the Government will give us the classified data by the end of next week. What
I want to ensure is that the data (apparently a hard drive containing all of the pertinent forensic images) includes
ALL of the computers in question. For efficiency and cost?effective purposes, we want Eric and Trent to come to
the DC area once so they can do their forensics. I know lead defense counsel, David Coombs, asked for all of the
computers in the TSCIF. Will we get that - the forensic images of all of the computers, not just the computer PFC
Manning was assigned to?

3. Understand the Defense Travel Issue (DTS) issue. Awaiting your e-mail on that.
Appreciate any feedback.
Thanks,
Paul

Classification: UNCLASSIFIED
Caveats: FOUO

02916504

28059

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

Fein, Ashden CPT USA SJA

Thursday. October 27, 2011 10:06 PM



Matthew kemkes; 'Tooman,Joshua CPT MIL US USA

Morrow Ill, JoDean. CPT USA
vergaar nge Ford, Arthur D. W01 USA JFHQ-

?Melissa Santiago?

US v. PFC BM

111027-Excludable Delay Memorandum.pdf

Attached is the excludable delay accounting memo.

v/r
Ashden

02212126

28060
From: USA OTJAG
Sent: Friday, October 28, 201 I 4:23 PM
To: Fein, Ashden CPT USA SJA
Morrow JoDean, CPT USA SJA

Subject: FW: Attached Image (UNCLASSIFIED)
Attach: 485o_00 I .pdf

Classi?cation: UNCLASSIFIED
Caveats: NONE

See attached per your request. I also have the original CENTCOM
classi?cation review just anivcd today.



O?ice of the Jud Advocate General of the Army. Pentagon 3D548
NIPR:










Sent: toer

To: David A Mr CIV USA OTJAG

Subject: Attached Image

Classt?cation; UNCLASSIFIED
Caveats: NONE



02188486

28061
From _@state.gov>
Sent: Monday, October 31, 2011 1 1:04 AM
To: Fein Ashden CPT USA SJA
?@sIate?sov>
Cc: Morrow JoDean, CPT USA SJA
DW SJA
Subject: RE: Update
Attach: Manning Declaration I0 31
Ashden --

Please find attached a signed version of the classi?cation review for
use in the Manning prosecution. The declaration is signed by
. Under Secretary for Management at the

If you would like the original signed copy. we are happy to provide this
to you. as well.

Thanks immensely.

SBU
This entail is UNCLASSIFIED

02915935

28062
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Frida November 04, 2011 6:07 PM
To: @us.army.mi|'
Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-
NCRIMDW SJA
Subject: FW: US v. PFC BM (Discovery 8. Meeting Location)

Sir. FYSA below. BLUF: we received final approval to turnover classified
forensic data and did so today. A total of 329,055 pages. waiting on the
last 2 classification reviews. Once we receive or at least confirmation
they will be complete, we will request a restart of the Article 32. I
estimate this request to come to you by the end of next week.

Have a good weekend.

v/r
Ashden



From: Fein, Ashden CPT USA SJA

Sent: Friday, November 94, 2611 6:62 PM

To: Kemkes, Matthew MAJ MIL
'Tooman,Joshua CPT MIL US USA Bouchard, Paul CPT USA MIL (US)
Cc: Morrow JoDean, CPT USA Overgaard, Angel M. CPT
USA Ford, Arthur D. N01 USA SJA

Subject: US v. PFC BM (Discovery Meeting Location)

David,
DISCOVERY

Today, we received final approval to turn-over the relevant classified
information contained in the forensic reports. CH2 Santiago signed for two
sets of disks, containing the forensic reports and specific native files
(BATES 69646074-90375129).

The production consists of the portions of the forensic reports the
government

intends to use in its case. The associated native files are non-word
processed files, such as audio/visual files and spreadsheets, and each has
an

associated placeholder document with a single BATES stamp.

If you have any questions, please let us know.

MEETING LOCATION

On Monday, I will send out the exact location of our meeting. we are trying
to reserve a different conference room at Fort McNair and will know by
Monday.

Please plan on starting by 9966.

Thank you and have a good weekend.

02915935
28063

v/r
Ashden

Tracking:

02216344

28064







From:
Sent: Wednesday, November 9, 201 1 10:59 AM
To: Fein, Ashden CPT USA SJA
Paul Bouchar
an ew em es Morrow Ill, JoDean, CPT USA
Cc: F.n?c Lakes 1; Parra, Jairo A. W()l
LSA SJA Ford, Arthur D.
WOI USA SJA
Subject: 18 November Meeting
Ashden,

Please advise whether the government will be able to coordinate a forensic brie?ng for BM on 18
November. Given the fact the defense forensic experts will need to travel along with myself, I would like to
have the meeting take place at 100. After the brie?ng, the defense requests that BM be brought to the Fort
Myer TDS offices in order to meet with him and our forensic experts.

With regards to our forensic experts, please arrange for their air travel to amive as early as possible on the 18th
and to ?y back to Lexington, Kentucky as early as possible on the 19th. Also, after yesterday's briefing, Mr.
Lakes informed the defense that he will need the following additional software equipment for his forensic work
during his 12-16 December work:

a) lntemet Evidence Finder;
b) Chrome Analysis

Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

South Angel] Street, #317
Providence. RI 02906

Toll Free. l-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



Notice: 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 infonnation may be
unlawful and is

I

02948633

28065

From:
Sent:
To:
Cc:

Subject:

David,

Thank you.

Fein, Ashden CPT USA SJA

Wednesday, November 09. 2011 11:04 AM

?Paul
Bouchard'; Matthew kemkes: Morrow JoDean, CPT USA SJA
'En'c Lakes?; Parra. Jairo A. W01 USA
Ford, Arthur . 1 SA SJA

RE: 18 November Meeting

we are working this morning to determine the best method to

conduct this briefing (location-NCR v. LVN-CAC, personnel, etc.). This
briefing can occur and I should have an answer to you by 1490. I will call
you and we can discuss.

v/r
Ashden

02948639
28066

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, November 09, 2011 2:10 PM

To:
Suhhct 18nov

David. 18 nov will work. I will send follow-on email capturing our conversation earlier.

Vr ashden



02915622

28067
From: Fein, Ashden CPT USA SJA
Sent: Wednesday, November 09, 2011 6:42 PM
To:
Cc: 'Kemkes, Matthew MAJ MIL 'Bouchard, Paul CPT USA MIL 'Tooman,Joshua

CPT MIL US USA Morrow Ill. JoDean, CPT USA Ford,
Arthur D. W01 USA SJA

Subject: US v. PFC BM (Meeting Request)
hnponance:
David,

Please confirm whether my notes below are accurate for the defense's requested
meeting next week to further along potential plea negotiations.

The defense requests the prosecution present the same briefing it gave
yesterday (Nov 11. Based on logistics and security
concerns, the briefing will occur at Fort Leavenworth. The command will work
to have PFC BM brought to the briefing location (TBD) in the morning and then
to the TDS office in the afternoon.

Based on your input, the prosecution intends not to present the exact same
briefing from yesterday but rather a modified version, focusing on the

following:

1. Very condensed background facts section

2 Full forensic overview with detailed explanation

3. Condensed explanation of facts showing enemy possession
4 Brief explanation of actual damage caused

Additionally, you request the prosecution to coordinate your computer forensic
experts (Lakes Struttman) travel to Fort Leavenworth to participate in the
briefing, which we will start planning first thing tomorrow morning.

Thank you.

v/r
Ashden

02216326

28068

From:

Sent: Monday, November I4, 201 1 1 1:44 AM

To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill, .loDean, CPT IJSA SJA

Bouchard,Paul CPT USA MIL (US)
ooman,JoshuaJ CPT USA MIL (US)
Subject: Article 32
Ashden,

Based upon our conversation this morning, it looks like there is a possibility that the Article 32 could begin as
early as the 12th of December I understand that the government would like to build in a 30 day buffer between
now and the start date of the 32 in order to arrange for all the security needs. I also understand that you expect
the CA to order the restart of the 32 in the next couple of days.

Given the IO's availability, why don't wejust agree today that the start day will be the 12th of December? This
will provide the government with 29 days of prep time. In other words, by starting the ball rolling today and
starting the prep for the security issues today, we can adjust the CA's order to reflect the work that has already
been done. This would avoid the need to work into Christmas or immediately after the New Year. It would
also avoid the likely difficult issues of trying to harness needed witnesses over the holiday period. How does
this plan sound to you??

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

I I South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-588-4l56

Local: (508)689-4616

Fax: (508) 689-9282



Notice: 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



02946126

28069

From: Fein, Ashden CPT USA SJA

Sent: Monday, November 14, 2011 11:50 AM

To:

Cc: Morrow ill, JoDean, CPT USA Bouchard,Paul CPT USA MIL

Tooman,Joshua CPT USA MIL Matthew kemkes
Subhct RE:Amde32
David,

Thank you. I should be able to get back to you tomorrow. UnFortunately, because this is a
long weekend, most of the key players in the OPORD planning and execution are not available
today to discuss and confirm the dates.

v/r
Ashden

02949896

28070
From:

Sent: Tuesday. November 15.2011 9:03 AM

To: Fein, Ashden CPT USA SJA

Cc: Bouchard.Paul CPT USA MIL

a ew em es; ooman,Joshua CPT USA MIL Santiago.Me|issa 8 CW2 USA MIL
(US)

Subject: Discovery Request

Attachments: Discovery Request - 15 Nov 11.pdf

Follow Up Flag: Follow up

Flag Status: Completed

Ashden,

I have attached the latest defense discovery request. 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 02966

Toll Free: 1-890-588-4156

Local: (508) 689-4616

Fax: (598) 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

02936372

28071
From: Fein. Ashden CPT USA SJA
Sent: Tuesday, November 15. 2011 9:06 AM
To:
Cc: Bouchard,Pau| CPT USA MIL (US):

an ew em es; ooman,Joshua CPT USA MIL Santiago,MeIissa CW2 USA MIL
Morrow JoDean_ CPT USA SJA

Subject: RE: Discovery Request
David,

Acknowledge receipt and we are starting to work immediately. Thank you.

v/r
Ashden

02920374

28072

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir,

Fein, Ashden CPT USA SJA
esd mber 011 9:38 AM
USA OTJAG
Morrow JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA
Security Of?cer
11 1 115-Request for Security Of?cer.pdf

Attached is the prosecution?s request for a ?court? security officer to provide the Article
32 ID. Please note our projected timing. This is only an estimate and can change. we
expect the 32 to be ordered to restart in the next week with the date to be set.

Thanks!

Ashden

02212119

28073
From: omo ?@c0nus.anny.mil>
Sent: Tuesday, November I5, 201 1 10:02 AM
To: Fein, Ashden CPT USA SJA
Subject: RE: Security Of?cer (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE



1 will forward it to the G2 loday.



Of?cc of the Jud Advocalc General of the Anny. Pentagon 3D548
NIPR




02919768

28074
From: Nein, Ashden CPT USA SJA
Sent: Wednesda November 16, 2011
To: jusAonAe
Cc: Morrow JoDean, CPT USA Ford, Arthur D. WO1 USA JFHQ-

SJA

Subject: SOUTHCOM review
hnponance:

Sir? can you please confirm that the SOUTHCOM review is Unclassified? They did not mark the
review and the email header states the email is classified. Need to know ASAP, if possible.
Thanks.

Ashden

02212117

28075

From: USA OTJAG -@eonus.anny.mil>
Sent: Wednesday, November I6, 2011 AM
To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill, JoDcan, CPT USA SJA

SJA
Subject: RE: SOUTHCOM review (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Jusl spoke with The declaration is UNCLASSIFIED.



Advocate General of the Anny. Pentagon 3D548







02916305

28076

From:
Sent:
To:
Cc:

Subject:
Attachments:

importancez

Sir,

Fein, Ashden CPT USA SJA
Wednesday. November 16, 2011 2:13 PM

Matthew kemkes; Morrow JoDean, CPT USA
'Haberiand.John CPT MIL
Overgaard, Angel M. CPT USA Tooman, Joshua CPT MIL US
USATRADOC

US v. PFC BM (Art 32 Restart 8. Delay)

111116-Request to Restart An 32 and DeIay.pdf

High

The United States requests immediate action on this request to start OPLAN BRAVO. Attached
is a request to restart the Article 32 investigation, and a request to exclude additional

time under the RCM.

Thank you.

v/r
CPT Fein

02217215





28077
Fr?m=
Sent: Wednesday, November 16, 201 1 2:23 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes
Morrow Ill. JoDean, CPT USA
1 ngel
Tooman,
Joshua] CPT MIL US USA TRAD
Subject: Re: LJS v. PFC BM (Art 32 Restart Delay)
Mr. Coombs.
Does the Defense have any
VR
COL Coffman

Sent ia by

02216315
28078

From:

Sent: Wednesday, November 16, 201 1 2:42 PM

To: Tn

Cc: Matthew kemkes Morrow JoDeanHaberland,John CPT
Overgaard, Angel M. CPT USA JFHQ-

Fein, Ashden CPT USA

Paul Bouchard



Me issa Santiago

Subject: [Suspected RE: US v. PFC BM (Art 32 Restart Delay)

Sir,

On Monday, I had a conversati on with CPT Fein and LTC Almanza. We discussed the possible dates for the
restart of the Article 32, and the need for time for the Government to executed OPLAN Bravo. Later that day, I
sent an email to PT Fein requesting, in anticipation ofyour order to restart the Article 32, that the Government
begin its preparations so that you could order a restart on I2 December 201 1. Based upon the Government's
request today, it appears that nothing has been done between Monday and today. Additionally, the Government

has failed to provide you with any justification for the arbitrary 30-day?requirement in order to complete its
OPLAN Bravo.

The Defense requests that you order the restart to occur on I2 December 201 I. This will provide the
govemment with 27 days to execute its OPLAN Bravo. By ordering the restart on 12 December 20] 1, you will
provide us with enough time to complete the hearing prior to the holiday period. This would avoid any issues
with obtaining needed witnesses or unnecessarily requiring some witnesses to cancel their previously scheduled
holiday plans.

Additionally, the Defense objects to the Government's request that you determine that the time period between
today and the actual restart date should be excludable delay under R.C.M. 707(c). This time period should
instead count against the Government for speedy trial purposes under Article l0 of the Uniform Code of
Military Justice.

Best,
David

David E. Coombs, Esq.

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

Free:l-800-588-4l56
Local: (508) 689-46 I 6

Fax: (508) 689-9282




?"'Confidentiality 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 prohibited.**"

02915767

28079
From: Fein, Ashden CPT USA SJA
Sent: Wednesday, November 16, 2011 5:03 PM
To:
cc: Matthew kemkes; Morrow JoDean. CPT USA Haber1and,John

CPT MIL Overgaard, Angel M. CPT USA Paul Bouchard;
Joshua Tooman; Melissa Santiago

Subject: US v. PFC BM (Excludable Delay Accounting)
Attachments: 111116-Excludable Delay Memorandum.pdf
David,

Attached is the periodic excludable delay accounting memorandum signed by the

v/r?
Ashden



02916079

28080

From:
Sent:
To:
Cc:

Sumem:
Attachments:

Importance:

LTC Almanza,

Good afternoon.

Fein, Ashden CPT USA SJA

Wednesday, November 16, 2011 5:26 PM

Ahnanza,Paul

Matthew kemkes; Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Paul
Bouchard; Joshua Tooman; Waybright, Daniel (Article 32)

Delay of Article 32 |nvestigation.pdf; 111116-Special Instructions for
Article 32.pdf

High

Attached you will Find the order to restart the Article 32

investigation and special instructions associated with conducting the investigation.
Additionally, attached is a delay approval by the

The United States is working on finalizing your administrative and security support. we are

receiving assistance from outside organizations so that you will have dedicated support. SGT
waybright (CCed) is currently the paralegal assigned to assist you; however, there will be a

permanent replacement designated in the next few weeks.

The United States is ready to move Forward at the soonest available date, IAN the

order.

Thank you and have a good evening.

v/r
CPT Fein



02216306
28081

From:

Sent: Wednesday, November 16, 201 1 5:40 PM

To: Paul Almanza

Cc: Matthew kemkes Morrow Ill, JoDean, CPT USA








SJA Overgaard, Angel
M. CPT USA SJA

Bouchard







Joshua Tooman
Waybright, Daniel W. SGT USA
Fein, Ashden CPT USA JFHQ-




SJA
Subject: [Suspected RE: US v. PFC BM (Article 32)

LTC Almanza,

The defense requests a start date of 16 December. Given the proximity to the holidays, the defense requests that
we conduct the hearing through the weekend of the 17 and 18th and into the following week. If the hearing is
not completed by the 23rd, the defense requests that we resume the hearing on the 3 January 2012.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

1 1 South Angel] 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 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

02916075
28082

From: Fein. Ashden CPT USA SJA

Sent: Wednesday, November 16, 2011 6:39 PM

To: Almanza. Paul;

Cc: Matthew kemkes; Morrow JoDean, CPT USA Overgaard, Angel

M. CPT USA I,
Waybright. Daniel W. SGT USA SJA
Subject: RE: US v. PFC BM (Anicle 32)

Sir,

The United States does not object and also recommends we conduct the hearing through the 17th
and 18th. .

v/r?
CPT Fein

02216302
28083

From:
Sent: Wednesday, November 16, 201 1 8:27 PM

To: Fein, Ashden CPT USA SJA
Morrow JoDean, CPT USA SJ A



Cc: Matthew kemkes



Paul Bouchard
Joshua Tooman
Melissa Santiago






Eric Lakes




Subject: Discovery Request
Attach: Discovery Request - I6 Nov I 1.pdf
Ashden,

Please see that attached discovery request.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-588-4l56

Local: (508) 689-4616

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attomey-client
infonnation 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

02936367

28084

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, November 16, 2011 8:55 PM

To: Morrow JoDean, CPT USA

SJA
Cc: Matthew kemkes;




Subject: Re: Discovery Request

David,
Thank you. we will start working this one as well.

Vr ashden

02216299
28085

From: Bouehard, Paul CPT USA Mll, (us)

Sent: Thursday, November I7, 201] 10:08 AM

To: Fein, Ashden CPT USA SJ A
Matthew kemkes

Morrow JoDean, CPT USA
Tooman, Joshua] CPT USA MIL (US)




SJA






Cc: Ford, Arthur D. WOI USA SJA
Santiago, Melissa CW2 USA MIL (US)

Subject: Defense request for software, US v. Manning (UNCLASSIFIED)
Attach: request software, signedpdf

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden;

Our request for computer software -- Chrome Analysis and lntemet Evidence Finder -- is the attachment.

There's a legitimate need for these products. They are readily available in the marketplace. Chrome Analysis is out of the United
Kingdom and retails for 50 pounds - about $75. Not sure how much Iniemet Evidence Finder costs -- I believe it is expensive.

However, it is very powerful. works fast. and would actually save the Govemment money (e.g Eric and Trent charge $175 per hour,
$350 per hour for the both of them). These cost savings would go to the Govemment.

We think what's best is for the Govenunent to purchase these, download them, bum them on a CD. and then I can go to your office
and pick up the CD5.

E-mail me or call me if you have any questions
Timelinc: Eric and Trent will be doing their computer forensics here at Fort Meade in mid-December.
My thanks in advance for this request.


Paul

02938106

28086

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Thursday, November 17, 2011 11:36 AM
To: 'Bouchard, Paul CPT USA MIL Matthew

kemkes; Morrow JoDean, CPT USA 'Tooman, Joshua CPT

USA MIL
Cc: Ford, Arthur D. W01 USA ?Santiago, Melissa CW2 USA MIL
Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)
Paul,

Thank you. I do not understand why the USG needs to purchase these programs
for your experts? Don't they already have them? If not, is this not a tool
they should be buying on their own as part of their normal course of business?

As with all cases, forensic experts provide their own tools (software and
hardware) to conduct their analysis. In this case, the only software the USG
provided is software that your experts cannot use on the classified system
based on license issues. Is that the case for this software? If these
programs are licensed by "dongle" then they should be able to use their
"dongle" on the classified system and not lose the use of the program because
the system is classified, such as the use of Encase.

Please provide clarification.
Thank you.

v/r
Ashden

0221 7064






28087

Fro-m= Eric lakes
Sent: Thursday, November 17, 20]] 12:21 PM
To: Bouchard, Paul CPT USA MIL (US) Fein, Ashden

CPT USA SJA Cc:

Matthew kemkes

Tooman, Joshua] CPT USA MIL (US)
Santiago, Melissa CW2 USA MIL (US)

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Chrome Analysis is licensed per machine.
We can purchase forthe case and charge back forthe license if you prefer on that. It is 50 pounds per license
Chrome Analysis has to quote each purchase - awaiting their reply!

Eric Lakes

Digital Forensic Examiner

Ceiti?ed Computer Examiner (CCE)
Certi?ed Homeland Security -
MCSE, MCP, Network Plus,
CyberAgents, Inc.


616 Pasadena Drive

Lexington, KY 40503

02219464
28088

Paul

Sent: Monday, November 21, 201 1 10:05 AM

To: Fein, Ashden CPT USA SJA



Cc: Matthew kemkes
SJA
M. CPT USA JFHQ-NC





Morrow JoDean, CPT USA
Overgaard, Angel







Wa bri vht, Daniel W.
SGT USA SJA -

Subject: RE: US v. PFC BM (Article 32)

CPT Fein -

Thank you. We will start on 16 Dee and will work though the weekend on I7-I8 Dec and imo the following week. Any objection to
the Defense's suggestion that if the hearing is not concluded by 23 Dec, we reconvene on Tues 3 Jan?

i LTC Almarwa

?--Original Message--?

From: Fem, Ashden USA SJA

Sent: Monday, November 21, 201 1 7:41 AM

To: Almanm, Paul;

Cc: Matthew kemkes; Morrow Ill. JoDean. CPT USA Overgaard. Angel M. CPT USA
SJA Waybright, Daniel W. SGT USA SJA
Subject: '2 v. me

Sir.
Good moming. The United States does not object to starting the Article 32 on 16 Dec and working through the weekend. Does that

date work for you and if so, we would like to start making the administrative plam to execute Day
I on 16 Dec. Thank you.

v/r
CPT Fein

?--Original

Sent: Wednesday. Novem er .

To:

Cc: Matthew kemkes; Morrow HI. JoDcan, CPT USA Overgaard, Angel M. CPT USA
SJA iil; Waybright. Daniel w. sor USA Fcin.
Ashden CPT USA SIA

Subject: Re: US v. PFC BM (Article 32)

Counsel -

I regret that I can't clearly read the documents on my blackberry (I ant on official travel out of the country). but I have of course
read the emails below.

While of Course I'm not making any decisions without reading the pdfs. the defense scheduling request seems reasonable. Do you have
any objections to it, Government?

Thanks.

LTC Almanza

From:
To: Almanm, Paul

0221 9464

28089







Cc: Matthew kemkes Monew USA SJA
. 'crgaard,Angcl M. CPT USA SJA

. Paul Bouchard Joshua Tooman
Wavbng t,Daniel W. SGT USA SJA

Ashden Fein



Sent: Wed Nov l6 l7:39:3l 201]
Subject: RE: US v. PFC BM (Article 32)

Almama.

The defense requests a start date of l6 December. Given the proximity to the holidays. the defense requests that we conduct the
hearing through the weekend of the I7 and 18th and into the following week. If the hearing is not completed by the 23rd, the defense
requests that we resume the hearing on the 3 January 2()l2.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-46l6

Fax: (508) 689-9282



'?Confrdentiality Notice: This transmission, including attachments, may contain confidential attorney-client information and is
intended for the

pcrson(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 infomiation may be unlawful and is

-- Original Message
Subject? US v. PFC BM (Article 32)
From: "Fein, Ashden CPT USA


ate: .Novem 16,201] 5:25 pm

To: "Alman7a, Paul" v>

Cc: "Matthew kemkes"

. "Morrow Jo[)can. CPT USA
?Over9aard Anrzel M. CPT USA

"Paul









. "Joshua Toorna
"Wavhn'r2ht Daniel SGTIISA




LTC Almanza,

Good afternoon. Attached you will ?nd the order to restart the
Article 32 investigation and special associated with conducting
the investigation. Additionally. attached is a delay approval by the
The United States is working on ?nalizing your administrative and security
support. We are receiving assistance fnorn outside organizations so that you
will have dedicated support. SGT (CCed) is cun'enl|y the paralegal
assigned to assist you; however. there will be a pcmianent replacement
designated in the next few weeks.

The United States is ready to move forward at the soonest available date. IAW
the order.

Thank vou and have a good evening.

02219464
28090

v/r
CPT Fein



02938090
28091

From: Fein, Ashden CPT USA SJA
Sent: Monday, November 21. 2011 2:58 PM
To: Bouchard, Paul CPT USA MIL (US)
Cc:

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

SJA
Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Thank you but could we chat today about this before a "final answer" tomorrow.

--?--Original

From: Bouchard, Paul CPT USA MIL (US) [mai1to

Sent: Monday, November 21, 2011 2:57 PM
To: Fein, Ashden CPT USA SJA

Cc:
Subject: RE: Defense request for software, US v. Manning UNCLASSIFIED

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:

I should have an answer for you tomorrow regarding our position on the two software products,
Chrome Analysis and Internet Evidence Finder.

As to the Chrome Analysis, it's a relatively inexpensive software product (some $75.80). The
reason we're requesting it is because Chrome and/or Chrome browser was mentioned in your
presentation.

I'm still waiting to hear from Eric vis?a?vis Internet Evidence Finder. He's doing his
research on that; I think I'll have our position outlined for you tomorrow.

Thanks,


Paul



From: Fein, Ashden CPT USA SJA [mailto:

Sent: Monday, November 21, 2611 8:54 AM

To: Bouchard, Paul CPT USA MIL Kemkes, Matthew 3
USA MIL Morrow JoDean, CPT USA Tooman, Joshua CPT USA MIL
(US)

Cc: Ford, Arthur Jr N01 USA MIL Santiago, Melissa CH2 USA MIL

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Thank you. Just let me know what time you want to chat this afternoon and I will schedule.



Bouchard? Paul USA MIL T1
1

02938090
28092

Sent: Monday, November 21, 2011 8:15 AM

To: Fein, Ashden CPT USA Matthew
kemkes; Morrow JoDean, CPT USA Tooman, Joshua CPT USA MIL (US)
Cc: Ford, Arthur D. W01 USA Santiago, Melissa CW2 USA MIL

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:

We can discuss today, but probably mid-to-late afternoon. I'm still waiting to hear from Eric
r/e Internet Evidence Finder.

I will call you or e-mail you.



Paul



From: Fein, Ashden CPT USA SJA [mailto:
Sent: Monday, November 21, 2011 7:43 AM

To: Bouchard, Paul CPT USA MIL

Kemkes, Matthew MAJ USA MIL Morrow JoDean, CPT USA Tooman,
Joshua CPT USA MIL (US)

Cc: Ford, Arthur Jr W01 USA MIL Santiago, Melissa 5 CW2 USA MIL (US)

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Paul,

Are you available today to discuss this request? I think there is some confusion. Thank
you.

v/r
Ashden

Message?--?-

From: Bouchard, Paul CPT USA MIL (us)

Sent: Thursday, November 17, 2011 5:12 PM

To: Fein, Ashden CPT USA Matthew
kemkes; Morrow JoDean, CPT USA Tooman, Joshua CPT USA MIL (US)
Cc: Ford, Arthur D. W01 USA Santiago, Melissa 5 CW2 USA MIL

(US)

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:

Chrome Analysis is not expensive, but more importantly, the reason we're requesting it is it
was mentioned in your brief.

I'm still waiting to hear on Internet Evidence Finder. Once I get that, I'll send you a
reply.

Thanks,

Paul



02938090
28093

Ashden CPT USA

Sent: Thursday, November 17, 2011 11:36 AM

To: Bouchard, Paul CPT USA MIL

Kemkes, Matthew MAJ USA MIL Morrow JoDean, CPT USA Tooman,
Joshua CPT USA MIL (US)

Cc: Ford, Arthur Jr N01 USA MIL Santiago, Melissa 5 CW2 USA MIL (US)

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Paul,

Thank you. I do not understand why the USG needs to purchase these programs for your
experts? Don't they already have them? If not, is this not a tool they should be buying on
their own as part of their normal course of business?

As with all cases, forensic experts provide their own tools (software and

hardware) to conduct their analysis. In this case, the only software the USG provided is

. software that your experts cannot use on the classified system based on license issues. Is
that the case for this software? If these programs are licensed by "dongle" then they should
be able to use their "dongle" on the classified system and not lose the use of the program
because the system is classified, such as the use of Encase.

Please provide clarification.
Thank you.

V/r
Ashden



From: Bouchard, Paul CPT USA MIL (us)

Sent: Thursday, November 17, 2011 10:08 AM

To: Fein, Ashden CPT USA

Matthew kemkes; Morrow JoDean, CPT USA Tooman, Joshua CPT USA MIL
(US)

Cc: Ford, Arthur D. wo1 USA Santiago, Melissa USA MIL

Subject: Defense request for software, US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:

our request for computer software -- Chrome Analysis and Internet Evidence Finder -- is the
attachment.

There's a legitimate need for these products. They are readily available in the marketplace.
Chrome Analysis is out of the United Kingdom and retails for 50 pounds about $75. Not
sure how much Internet Evidence Finder costs I believe it is expensive. However, it is
very powerful, works fast, and would actually save the Government money (e.g Eric and Trent
charge $175 per hour; $350 per hour for the both of them). These cost savings would go to the
Government.

we think what's best is for the Government to purchase these, download them, burn them on a
CD, and then I can go to your office and pick up the CD5.

E-mail me or call me if you have any questions.

02938090
28094

Timelinez Eric and Trent will be doing their computer forensics here at Fort Meade in mid-
December.

My thanks in advance for this request.


Paul

Message--?--

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, November 16, 2611 5:32 PM

To: Bouchard, Paul CPT USA MIL Kemkes, Matthew
MAJ USA MIL Morrow JoDean, CPT USA SJA

Cc: Ford, Arthur Jr N01 USA MIL (US)

Subject: RE: 18 November Meeting

Paul,

Could you please provide a written request with an explanation on what additional
software/equipment is needed by your experts. I assume that you were referencing this email
yesterday during our phone conversation. Thank you.

v/r
Ashden



From:



Sent: Wednesday, November 09, 2011 10:59 AM

To: Fein, Ashden CPT USA Paul Bouchard;
Matthew kemkes; Morrow JoDean, CPT USA SJA

Cc: Eric Lakes; Parra, Jairo A. H01 USA Ford, Arthur
D. N01 USA SJA

Subject: 18 November Meeting

Ashden,

Please advise whether the government will be able to coordinate a forensic briefing for BM on
18 November. Given the fact the defense forensic experts will need to travel along with
myself, I would like to have the meeting take place at 1190. After the briefing, the
defense requests that BM be brought to the Fort Myer TDS offices in order to meet with him
and our forensic experts.

with regards to our forensic experts, please arrange for their air travel to as early
as possible on the 18th and to fly back to Lexington, Kentucky as early as possible on the

19th. Also, after yesterday's briefing, Mr. Lakes informed the defense that he will need the
following additional software equipment for his forensic work during his 12-16 December work:

a) Internet Evidence Finder;
b) Chrome Analysis

Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.



02938090

28095

Law Office of David E. Coombs

11 South Angell Street, #317

Providence, RI 02966

Toll Free: 1-899-588-4156

Local: (588) 689-4616

Fax: (568) 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

Classification: UNCLASSIFIED

Caveats: FOUO

Classification: UNCLASSIFIED
Caveats: FOUO

Classification: UNCLASSIFIED
Caveats: FOUO

Classification: UNCLASSIFIED
Caveats: FOUO

Tracking:

02946191

From:
Sent
To:
cc:

Subject:
Attachments:

-I



Fein, Ashden CPT USA SJA
Tu 1 :53 PM

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

Art 32 Investigation

RCM 405 (Extract).pdf; Deskbook (Extract).pdf

Attached are the two documents I spoke about before. The RCM 405 extract is from the Rules
for Court Martial and specifically outline the rules For the Article 32 investigation. The
Deskbook Extract is the short primer on the Article 32 investigation.

v/r

Ashden

02216257
28097

From:
Sent: Tuesday, November 22, 20] 5:46 PM

Paul Nmanla

Cc: Matthew kemke Paul Bouchard
Jos ua Tooman
Fem, en SJA .
Morrow JoDean, CPT USA
Subject: Defense 505(h)(3) Notice
Attach: 505(h)(3) Noticepdf
LTC Almanza,

Please see that attached defense notice.

v/r
David

David E. Coombs, Esq.

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

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

Fax: (508) 689-9282




??*Con?dentiality Notice: 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

02216248
28098

From:

Sent: Tuesday, November 22, 20l I 4:12 PM

To: Almanza,Paul

Cc: Matthew kemkes Morrow JoDean, CPT USA







. Overgaard, Angel
M. CPT USA JFHQ-N



- . l> ein,
Ashden CPT USA
Subject: Defense Request for Evidence
Attach: Defense Evidence Request.pdf
LTC Almanza,

Please see the attached request for evidence production.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

I I South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



Notice; 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

02216244
28099

From: Bouehard, Paul USA MIL (Us)

Sent: Tuesday, November 22, 201 I 6: 16 PM

To: Fein, Ashden CPT USA SJA
0*

Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO



I got tied up all day today. ASAP. I will submit our request for the Government to provide Chrome Analysis and Internet Evidence
Finder to the Defense. I'll have the request for you over the weekend.

Thanks.

Paul

02212113 . I

28100

From:
Sent
To:

Subject:
Signed By:

Follow Up Flag:
Flag Status:

_ses cw usA ocs G-2 j@us.army.mn1

Wednesday, November 23, 2011 1:07 PM
Fein Ashden CPT USA SJA

USA uest for Security Of?cer Support. ANJA-CL Memo dated 15 Nov 11
@us.army.mi|
Follow up


Classification: OFFICIAL USE ONLY

Ashden:

The G-2 has identified a Primary and Alternate Security OFFicer(s) to serve
in the U.S. PFC Bradley Manning case.

Primary:
Alternate:

Please let me know what the next step is for these individuals in order to
support your requirements.

Headquarters, Department of the Army
Office of the Deputy Chief of Staff, G-2
ATTN: DAMI-CDS
1000 Army Pentagon
Washington, D.C. 20310-1000



Classification: OFFICIAL USE ONLY

02216229
28101

From:
Sent: Monday, November 28, 2011 2:14 PM

Paul Almanw









Cc: Matthew kemkes Paul Bouchard
Joshua Tooman
Fem, Ashden CPT USA SJA
Morrow oDean, CPT USA SJ A
Overgaard, Angel M. CPT USA JFHQ-

SJ A
Subject: Defense 405(h)(3) Motion
Attach: Defense 405(h)(3) Motion.pdf
LTC Almanza,

Please see the attached defense motion.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs
11 South Angel] 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 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
unlaw?il and is

02935095
28102

From: Fein, Ashden CPT USA SJA

Sent: Monda November 28 2011 10:32 PM

To:

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

SJA
Subject: FBI Case File

Good evening. Are you available to chat over the phone tomorrow (unsecure)? Thank you.

v/r?
Ashden

02216224
28103

From:
Sent: Tuesday, November 29, 20] I :36 PM

Paul A1manza?>













Cc: Matthew kemkes Paul Bouchard

Melissa Santiago Fein, Ashden CPT USA
SJA Morrow Ill, JoDean, CPT USA
Overgaard, Angel
M. CPT USA JFHQ-N
Subject: Noti?cation Acknowledgement
Attach: Manning
LTC Almanza,

Please see that attached document.

v/
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




??Con?dentiality 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



02216214

28104
From: Kemkes. Matthew MIL USA

Sent: Wednesday, November 30. 2011 11:51 AM

To: Ahnanza,Pau|

Cc: Tooman, Joshua

CPT MIL us USA Fein, Ashden CPT USA Morrow
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
waybrigm, Daniel w. ser USA SJA

Subject: RE: us v. PFC BM (Article 32) (UNCLASSIFIED)

Signed By:

Classification: UNCLASSIFIED
Caveats: FOU0

Sir,

I acknowledge the Article 32 schedule running From 16-23 December and
resuming, if necessary, on 3 January. while I do not expect it will be an
issue, I would like to bring to your attention that I begin ILE at Fort
Belvoir on 5 January. Therefore, if we are unable to complete the Article 32
in ten days (16-23 December, 3-4 January), the defense will request that we
complete the proceeding on 7-8 January rather than 5-6 January.

Respectfully,
MAJ Kemkes

02916085
28105

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, November 30. 2011 10:09 PM

To: Ahnanza,Pam

Cc: Kemkes, Matthew MIL

Tooman, Joshua CPT MIL US USA Morrow Ill,
JoDean, CPT USA Overgaand, Angel M. CPT USA JFHQ-
waybrighl, Daniel W. SGT USA SJA
Subject: US v. PFC BM (Article 32)
Attachments: 111130-Govemment Response to Defense Request 11 Nov 11.pdf

LTC Almanza,

Good evening. Attached is the government's response to the defense's
request for production pursuant to RCM 405. we are working on a response
for the defense's RCM 46S(h)(3) request and RCM 50S(h)(3) notice.

Additionally, below are a few more administrative issues for you:

1. The government recommends you set the uniform for the hearing to the
duty uniform- Army Combat Uniform (ACU).

2. The government recommends you order the hearing room to have the same
prohibitions as a court-martial IAN the U.S. Army Rules of Practice Before
Army Courts-Martial, Rule 6.3 (Prohibitions). This will apply to members of
the hearing, spectators, and press.

3. Your hearing security officer (H50) and the alternate have been
designated and listed below. Both work on the U.S. Army G2 staff and are
detailed to you full-time when needed. Mr. Prather is waiting your
instructions. Primary: Mr. Jay Prather,

A1teP"ate= Rick Ennis? 1

4. By COB Friday, the government intends to publish to you a compilation of
references for national security litigation cases. The intent is to provide
this reference source for you, your legal advisor, and your H505. we will
provide the defense a copy.

5. Based on MAJ Kemkes' delay request, the United States recommends that if
the hearing is not completed by C08 on 23 Dec, the hearing not restart until
7 Jan, so support personnel, security personnel, witness travel and
government and defense TDYs can be consolidated into one period starting 7
Jan and not 3-4 Jan and then breaking for two days and restarting. This
will minimize the projected impact on Fort Meade and reduce the cost of
TDYs. The United States also requests that if the hearing breaks on 23 Dec,
that the time between 24 Dec and the restart of the hearing be excludable
time.

Thank you.

v/r

CPT Fein



02216206
28106

From:
Sent: Thursday, December To: Paul Almanza
Cc: Matthew kemkes



Tooman,Joshua CPT MIL US USA TRADOC

Morrow JoDean. CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-






SJA >1 Wavbright. Daniel W.
SGT USA SJA il>; Fein,
Ashden CPT USA SJA

Subject: [Suspected RE: US v. PFC BM (Article 32)

LTC Almanza,

The government's response to the defense request for production of evidence mistaken treats the request like a
standard discovery request. The defense request is not a discovery request, it is a request for production of
evidence at the Article 32 under R.C.M. The defense will file a compel motion later today
detailing its position on this issue.

Additionally, the defense would like to respond to some of the administrative matters raised by the government.
I) The defense does not object to ACUs being the duty unifonn;

2) The defense does not object to the government's request to follow Rule 6.3, however, the defense does
request that we allow coffee, soda, or other drinks in the courtroom by the parties if the beverage is in a covered

container;
3) No issues;

4) The defense simply requests to be provided with an advanced copy of the materials that the government
intends to provide in order to ensure that there are no issues;

5) The defense requests that you not decide this issue at this time. Instead, the defense requests that you wait to
detennine whether this is even an issue. We may be able to complete the hearing by the 23rd. In the event that
we do not, I believe that we will be in a position to determine how many more days are required. If only a
couple of more days are required, then we should start up on 3 January as planned. If more than two days are
required, the defense still requests that we start on the 3rd. The issue raised by MAJ Kemkes is that after 4
January, he will only be available on the weekends. if we follow the government's recommendation, we may be
in a position of not completing the hearing on the 8th and being required to postpone until the 14th of January.
In any event, this is not an issue that we need to decide now.

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


02216206
28107



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 infonnation may be
unlawful and is

02216173
28108

From:
Sent: Thursday, December I, 201 1 4:30 PM

Paul /\lmanza?

Cc: Matthew kemkes
Tooman,Joshua CPT MIL US USA TRADOC
Morrow JoDean, CPT USA SJA

Overgaard, Angel M. CPT USA JFHQ-
Waybright, Daniel W.

Fein,





SJA
SGT USA SJA

Ashden CPT USA SJA
Subject: Defense Motion to Compel
Attach: Defense Compel Production Motion.pdf; Appendix A?G.pdf
LTC Almanza,

Please see the attached defense motion to compel production of evidence.

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





?**Con?dentiality Notice: 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 prohibited.**"

02219409 4-
28109

From: Almanza Paul

Sent: Thursday, December 1, 20ll 5:04 PM
To:

Cc: Matthew kemkes
Tooman,Joshua m,
JoDcan, CPT USA SJ
Ovcrgaard, Angel M. CPT USA JFHQ-NC
Waybright, Daniel W. SGT USA JFHQ-
miw Fem? CPT USA WHO-

Subject: RE: Dcfensc Motion to Compcl




All-

I've received the defense's motion to compel and the government's response to the defense?s request for production of
evidence, as well as the emails on administrative topics emails earlier today.

I anticipate making a determination on these issues over the next several days.

Government, would it be possible for me to come to MDW to see the documentary evidence you anticipate providing me and
also the list of witnesses you intend to provide either Monday or Tuesday morning next week? This would enable me to prepare
my list of evidence I intend to consider and witnesses I intend to hear from by next Wednesday, December 7.

Thank you.

LTC Almanza

From:

Sent: Thursday, December 01, 2011 4:30 PM

To: Almanza, Paul

Cc: MIL Tooman,Joshua CPT MIL US USA Morrow
USA Overgaard,Angel M. CPT USA Waybright, Daniel W. SGT USA
Ashden Fein

Subject: Defense Motion to Compel

LTC Almanza,
Please see the attached defense motion to compel production of evidence.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

I 1 South Street, #317

Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282





""Con?dentiality Notice: This transmission, including attachments, may contain con?dential attomey-client
infonnation and is intended for the pcrson(s) or company named. If you are not the intended recipient. please notify the
sender and all copies. Unauthorized disclosure, copying or use of this information may be unlawful and is
prohibitcd.??



02935097

Fein, Ashden CPT USA SJA
01, 2011 6:04 PM

Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
RE: FBI Case File



Thank you and have a great weekend!

Ashden

02938916
28111

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, December 01, 2011 7:03 PM

To: Almanza, Paul;

Cc: Matthew kemkes; Tooman,Joshua CPT MIL US USA
Morrow JoDean, CPT USA Overgaard, Angel M. CPT
USA Daniel W. SGT USA SJA

Subject: RE: Defense Motion to Compel

Sir,

we can have the information ready. we recommend Monday morning because the information is
voluminous. we intend to publish our proposed witness and evidence list tomorrow and it will
include applicable discovery BATES numbers for defense to reference.

v/r
CPT Fein

02938912

28112
From: Fein, Ashden CPT USA SJA
Sent: Friday, December 02, 2011 9:21 AM
To: Almanza. Paul;
Cc: Matthew kemkes; Tooman.Joshua CPT MIL us USA

Morrow Ill, JoDean, CPT USA Overgaard, Angel M. CPT
USA Waybright, Daniel W. SGT USA SJA
Subject: RE: Defense Motion to Compel

Sir,

9890 is good. we will have your office temporarily ready and a classified computer available
to review the material. By COB today, we will submit our proposed evidence and witness
lists. The evidence list will include associated BATES numbers so the defense will know
exactly what information we are requesting you to consider and what information we are
providing you to preliminarily review.

v/r
CPT Fein

02914783
28113

From: Fein, Ashden CPT USA SJA

Sent: Friday. December 02, 2011 6:50 PM

To: Ahnanza,Paul

Cc: Matthew kemkes:
Tooman.Joshua CPT MIL US USA Morrow Ill, 0 an, -
Overuaard, Angel M. CPT USA Waybrighl. Daniel
W. SGT USA SJA

Subject: US v. PFC BM (Witness and Evidence Lists)

Attachments: 111202-Government Witness List (Article 32).pdl; 111202-Govemment Evidence List (Article
32)pdf

Sir,

Attached are the government's proposed witness and evidence lists.
Additionally, the c1assiFied enclosures to the evidence list will be available
For your review on Monday and the enclosures are available for the defense's

inspection.

This weekend, we intend to email a proposed hearing ?rules? poster and a
response to the defense's RCM 465(h)(3) request.

V/r
CPT Fein

0291 5222

28114

From:
Sent
To:
Cc:

Subject:

Attachments:

Paul,

Fein, Ashden CPT USA SJA
Fdday. December 02.2011 6:51 PM

Matthew kemkes: Tooman,Joshua CPT MIL US

USA Morrow Ill, JoDean_ CPT USA JFHQ-NCRIMDW Overgaard, Angel M.

CPT USA Daniel (Software Approval)
Action for Defense Software.pdf

Attached is the approval of your request. we will act on the
purchase Monday morning. MTF.

V/r?
Ashden

02216151













28115
From:
Sent: Friday, December 2, 201 I I 110] PM
To: Almanza, Paul
Cc: Matthew kemkes
Tooman, Joshua CPT MIL US USA TRADOC
Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
SJA Waybright, Daniel W.
SGT USA SJ A Fein,

Ashden CPT USA SJA
Melissa Santiago

Subject: Defense Witness List
Attach: Defense Witness Li
LTC Almanza,

Please see the attached defense witness list.

Best,
David

David E. Coombs, Esq.
Law Office of David F.. 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 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

02216150

28116
From:
Sent: Sunday, December 4, 2011 1 1:39 AM
To: Almanza, Paul



Tooman, Joshua CPT MIL US USA TRADOC .
Morrow JoDean. CPT USA SJA
Overgaard, Angel M. CPT USA IF HQ-
SJA Wavbright, Daniel W.
SGT USA SJA Melissa
Santiago Fein, Ashden CPT USA
SJA

Subject: Available witnesses and evidence







LTC Almanza,

Pending your ruling on availability of witnesses, the defense would like to provide you with advanced notice of
its intent to object to alternatives to testimony under R.C.M. 405(g)(4)(A) and Similarly, the defense
will object to consideration of alternatives to evidence under R.C.M. 405(g)(5)(A) and

v/r
David

David E. Coombs, Esq.

Law Of?ce 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 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



02915715 . 4x
28117

From: Fein, Ashden CPT USA SJA

Sent: Sunday, December 04, 2011 12:38 PM

To: Almanza, Paul

Cc: Matthew kemkes; paul.r.bouchard.mil@maiI.mil;

Tooman, Joshua CPT US USA Morrow Ill, JoDean. CPT USA JFHQ-
Overgaard, Angel M. CPT USA Waybright, Daniel

W. SGT USA JFHQ-NCRIMDW Melissa Santiago
Subject: US v. PFC BM (Govt Response 8. Admin)
Attachments: 111204-Response to Defense Request to Close Article 32 Hearing.pdf; Rules of Hearing


LTC Almanza,

Good afternoon. Attached is the government's response to the defense RCM
405(h)(3) request. Also, attached is the government's proposed "Rules of
Hearing" modeled after Rule 6.3 of the Army Trial Judiciary Rules of Court.
The United States intends to post these rules at the entry control points for
the hearing.

NLT 0755 tomorrow morning, SGT waybright will be downstairs in the entry way
of the OSJA, MDN to escort you to your office and provide you a sterile
classified computer and the material listed on the prosecution's requested
evidence list. SGT Naybright will continue to serve as your temporary
administrative support, until the permanent support is assigned by 15 Dec 11.

v/r
CPT Fein

02216142






28118
From:
Sent: Sunday, December 4, 20] 1 4:45 PM
To: AImanza,vauIT>
Cc: Matthew kemkes
Tooman, Joshua CPT MIL US USA TRADOC
Morrow Ill, JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
SJA Waybright, Daniel W.
Melissa




Subject: Sealed Defense Response
Attach: Defense 405(h)(3) Responsepdf; Attachment A.pdf

LTC Almanza,
Please see that attached defense response to the government's 405(h)(3) ?ling.

Best,
David

David 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 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 prohibited.*

0291 5373

28119

From:
Sent
To:
Cc:

Subject:
Attachments:

Sir,

Fein, Ashden CPT USA SJA

Monday. December 05, 2011 8:22 AM

Ahnanza, Paul

Matthew kemkes;
Tooman, Joshua CPT MIL US USA Morrow Ill, 0 an, -
Overgaand, Angel M. CPT USA Waybright, Daniel
W. SGT USA Melissa Santiago

US v. PFC BM (Protective Orders)

Protective Order for Classi?ed Informationpdf;
Protective Order for LES Infonnationpdf; Protective Order for SecArmy
15-6.pdf

Attached are the three protective orders currently in place by the
The first is for classified information. The second is for the SecArmy 15-6
and any derivative material. The third is for federal grand jury and sealed
documents, and law enforcement sensitive material.

we will provide you a copy with acknowledgments For you to sign. Thank you.

v/r
CPT Fein

02915723

28120

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir,

Fein. Ashden CPT USA SJA
Monday, December 05, 2011 8:43 PM
Almanza, Paul

Matthew kemkes;
Morrow m, JoDean, CPT us -

vengaar Ange . A Waybright, Daniel (Government Response to 5

111205-Response to Defense Notice Under MRE

Attached is the government's response to the defense MRE request.
we intend to provide you a response to the defense's witness request by COB on

wednesday, 7 Dec 11.

Have a good night.

v/r
CPT Fein

02915228
28121

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, December 05. 2011 9:26 PM

To: Matthew kemkes
Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: RE: US v. PFC BM (Secunty)

David,

I have. I spoke with the OCA delegate of one agency and our expert for the
other matter. A call tomorrow would be good to explain further.

v/r
Ashden



From:


Sent: Monday, December 65, 2611 8:46 PM

To: Fein, Ashden CPT USA Matthew kemkes
Cc: Morrow JoDean, CPT USA SJA

Subject: RE: US v. PFC BM (Security)

Importance: High

Ashden,

I can talk around 1766 tomorrow. My understanding is that you were going to
speak with the OCA to determine if the information was indeed classified.
Have you been able to do that yet?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-866-588-4156

Local: (568) 689-4616

Fax: (568) 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: US v. PFC BM (Security)

From: "Fein, Ashden CPT USA
1



02915228
28122

Date: Mon, December 05, 2011 7:55 pm
0: "Kemkes, Matthew 3 MIL

Cc: "Morrow JoDean, CPT USA

David and MA) Kemkes,

Are you available in the next day to discuss the potential release of
classified information in the following documents:

(1) Defense Request For Production of Evidence, 22 Nov 11 and (2) Sealed
Defense Motion For 4es(h)(3), 28 Nov 11?

we are not opposed to including your security experts on the phone call.
Thank you.

v/r
Ashden

Tracking:

02914833

28123
From: Fein, Ashden CPT USA SJA
Sent: Tuesday. December 06, 2011 9:42 AM
To:
Cc: orrow ll . oDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA

JFHQ-NCRIMDW Ford, Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: US v. PFC BM (Update)

Sir. Good morning. On 2 Dec 11, we received from an OGA the final classification review of
our charged documents. we needed this document before we went forward with the Article 32
and now have it. There should be no impediments with us going forward. OPLAN BRAVO is
currently underway. Please see the below summary on the OPLAN. I intend to Forward you a
copy of this update on a daily basis, so you can continue to track its progress.

Thank you.

v/r

Ashden

02915890

28124
From: Fein, Ashden CPT USA SJA

Sent: Tuesda December 06, 2011 11:32 AM

To: ?us.anny.mil'

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


Subject: FW: US v. PFC BM (Disoovery)
Attachments: iso burning in windows.pdf

Sir. FYSA. Discovery continues as we prepare for the Article 32.



From: Fein, Ashden CPT USA SJA

Sent: Tuesday, December 06, 2011 11:32 AM

To:

Cc: Matthew kemkes; 'Tooman,Joshua CPT MIL US USA

Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford, Arthur D. N01 USA
?Melissa Santiago?

Subject: US v. PFC BM (Discovery)

David,

On 5 Dec 11, we sent you (tracking 7010 1060 0001 1274 4057) unclassified
discovery (BATES: 00408202-00409672). These documents contain additional
pretrial confinement documents and other information).

Today, we sent you (tracking 7010 1060 0001 1274 4064) unclassified
discovery (BATES: 00409673-00409678). These documents contain ISOs
disc images) of IA and other related training. Attached to this email is the
Microsoft windows 7 "help" instructions on how to burn an ISO to a blank


Today, Both items were delivered to CH2 Santiago (MAJ Kemkes is out of office
until 12 Dec).

Additionally, the government purchased the software your experts requested and
we are waiting for delivery.

v/r
Ashden

Tracking:

02927378

28125
From: Fein, Ashden CPT USA SJA

Sent: Tuesday, December 06, 2011 3:41 PM

To: Ahnanza,Pau|

Cc: Parra, Jairo A. W01 USA

Morrow JoDean. CPT USA JFHQ-NCRIMDW Matthew kemkes; Feito, Beatriz SGT
USA JFHQ- NCRIMDW SJA
Subject: RE: Lodging TDY

Sir,

Thank you. For your consideration, the main reason counsel are going to be
TDY with rental cars is for physical security and then for time efficiency
purposes. we recommend that you stay at a hotel or, at a minimum, rent a
car to drive to and from another Army installation to prevent any potential
security issues.

v/r
CPT Fein

02219394

28126







From A1manza.PauIj>
Sent: Tuesday, December 6, 201 1 5:15 PM

To: Fein, Ashden CPT USA SJA
Cc: Parra, airo A. W01 USA

Morrow JoDean, CPT USA JFHQ-
Matthew kemkes
JFHQ- SJA

Subject: RE: Lodging TDY

CPT Fein -

Thank you, as I had not even thought of the security issues. That may
change my thoughts on driving from home.

I spoke to Mr. Prathcr and LTC Holzcr today about TDY.

Mr. Prather of course will be present throughout the hearing, but did
not request TDY. I'll speak to him tomonow with this additional

infomiation.

I'd like LTC liolzer to be present throughout the hearing. He requests

TDY.

LTC Almunza

Message--?





Sent: Tuesday. December
To: Almanza. Paul



Cc: Parra, Jairo A. USA
Morrow Ill, JoDcan. CPT USA Matthew
kemkes: Feito, Beatriz SGT USA JFHQ- SJA

Subject: RE: Lodging TDY

Sir.

Thank you. For your consideration, the main reason counsel are going to

be

TDY with rental cars is for physical security and then for time

e?icicncy

purposes. We recommend that you stay at a hotel or, at a minimum, rent

a

car to drive to and from another Army installation to prevent any

potential

security issues.

v/r
CPT Fein

Message--?
From: Almanza, Paul
Sent: Tuesday, December 06, 201 1 1:26 PM




To: Fein, Ashden CPT USA SJA
Cc: Parra, Jairo A. W01 USA



Momow JoDean, CPT USA Matthew kemkes;

Feito,

Beatriz SGT USA JFHQ- SJA

02219394
28127

Subject: RE: Lodging TDY

All -

I live within commuting distance (48 miles, actually), of Ft. Meade and
plan

to commute there each day. 1 will ask the HSO if he'd like to be there
TDY

and will discuss this matter with my legal advisor as well.

I anticipate getting back to you on this later today or tomonow.

Thank you.

LTC Almarva

From: Fein, Ashden CPT USA SJA

Sent: Monday, December 05, 2011 11:29 AM

To: Almanza, Paul

Cc: Parra, Jairo A. W01 USA


Morrow JoDean, CPT USA Kemkes, Matthew 1 MIL
Feito, Beatriz SGT USA IFHQ- A

Subject: Lodging TDY

LTC Almanza.

The prosecution and defense will be TDY during the Article 32. We
budgeted

for you. your HSO, and admin support to be TDY as well. Please let us
know

if you would your legal advisor present and TDY. Please coordinate
through

SGT Feito and W01 Parra (both CCed) to setup your DTS and ensure its
properly funded.

Thank you.

CPT Fein

02927374

28128
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday. December 06, 2011 5:53 PM
To: Almanza. Paul
Cc: Parra, Jairo A. W01 USA JFHQ-NCRIMDW

Morrow JoDean, CPT USA JFHQ-NCRIMDW Matthew kemkes; Feito, Beatriz SGT
USA JFHQ- SJA
Subject: RE: Lodging 8. TDY

Sir,

Thank you. we can absolutely accommodate all. Please have each of your
experts, if they require TDY to call SGT Feito or Mr. Parra and
provide their SSN. Once she has it, then she can work the line of
accounting through DTS and the authorizations.

V/r
CPT Fein

02941501
28129

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, December 06. 2011 5:56 PM
To: Almanza, Paul; Matthew kemkes;

Tooman,Joshua CPT MIL US USA Morrow Ill,
JoDean, CPT USA Ovengaard, Angel M. CPT USA JFHQ-
NCRIMDW Daniel W. SGT USA SJA

Cc: Holzer, Mark LTC MIL USA OTJAG
Subject: RE: Contacts with Counsel and Legal Advisor
Sir,

Thank you. The United States also has a national security litigation reference CD that we
compiled and would like to mail to all participants. we would like to have them in the mail
tomorrow morning, but request mailing addresses For you and LTC Holzer. we already have the
deFense?s addresses.

Thank you.

v/r
CPT Fein



02915331

28130
From: Fein, Ashden CPT USA SJA

Sent: Tuesday, December 06. 2011 7:18 PM

To: Matthew kemkes; ?Melissa Santiago?

Cc: Tooman,Joshua CPT MIL US USA Morrow

JoDean. CPT USA Overgaard. Angel M. CPT USA JFHQ-
Ford, Anhur D. W01 USA JFHQ-NCRIMDW SJA
Subject: US v. PFC BM (Return of Evidence)
Attachments: 111206-Order to Return Forensic Copies.pdf

David and MAJ Kemkes,

As we discussed on the phone, attached is an order from the for us to
retrieve the forensic cube from the defense and delete the images from Mr.
Lamo's hard drives. we will provide forensic duplicates of the evidence used
by the prosecution and law enforcement on the cube in place of the hard
drives.

we will return the drives NLT 12 Dec 11, so that there is no delay before your
forensic experts start their analysis.

As per your request, we will ask Mr. Lamo whether he consents to the
government and/or defense viewing the entire drive. If he agrees, we will
work out with CID on how to implement that process.

Have a good night.

v/r
Ashden

02219389
28131

From: AImanza,Pau1

Sent: Wednesday, December 7, 201 1 5:50 PM

To: Fein, Ashden CPT USA SJA
Holzer, Mark LTC MIL USA OTJAG
Matthew kem kes

Tooman, Joshua
CPT MIL US USA TRADOC Morrow JoDean,
CPT USA SJA il>;

Overgaard, Angel M. CPT USA SJA

Waybright, Daniel W. SGT USA JFHQ-
SJA

.
1






Cc: Holzer, Mark LTC MIL USA OTJAG Prather, Jay Mr
cw USA OSA
Subject: Review of evidence
CPT I-?ein -

As you may recall, I plan to review evidence from 12-15 December in preparation for the hearing. I'd like to do so without
inconveniencing more people than is necessary.

Would it be more convenient for me to come to MDW to do that. or would it be more convenient for me to do that at Fon Mcadc??
Thanks.

LTC Almanza

02921094
28132

From: Fein. Ashden CPT USA SJA
Sent: Wednesday, December 07, 2011 6:29 PM
To: Almanza, Paul; Holzer, Mark LTC MIL USA

Matthew kemkes;
Tooman, Joshua CPT MIL US USA Morrow 0 ean, -
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Daniel
W. SGT USA SJA

Cc: Holzer, Mark LTC MIL USA Prather, Jay Mr CIV USA OSA
Subject: RE: Review of evidence
Sir,

we recommend you review the evidence at MON. we have an office reserved on
the first floor that will be dedicated to you and will have a safe for you to
lock your computer and notes.

We are finalizing the prosecution's reply to the defense witness request and
should have it out in the next few hours. Also, we intend to submit an
additional evidence list.

Could you please let us know by tomorrow, if possible, whether the proposed
Rules of Hearing are sufficient so that we can have posters created for the
hearing?

Additionally, we were going to mail the Resource CD to you today, but realized
that you will likely get it faster if we leave it for you in your office on
Monday or hand deliver the CD tomorrow. would you like the CD before weekend?
If so, could you please provide us your work address and we will deliver the
CD tomorrow. we mailed Mr. Coombs his copy and delivered a copy to MAJ Kemkes
today.

Thank you.
v/r
CPT Fein











02219387
28133
From:

Sent: Wednesday, December 7, 20! I 6:52 PM

To: Fein, Ashden CPT USA SJA
Ilolzer, Mark LTC MIL USA OTJAG
Matthew kemkes

Tooman, Joshua

CPT MIL US USA TRADOC Morrow JoDean,
CPT USA SJA
Overgaard, Angel M. CPT USA IF SJA
Waybright, Daniel W. SGT USA JFHQ-


Cc: llolzer, Mark LTC MIL USA OTJAG Prather, Jay Mr
CW USA OSA

Subject: RE: Review of evidence

All -

Three iterrts:

I. I'll review the evidence at MDW from I2-I5 Dec, thanks. Please leave the CD in the office I'll be using and I'll review it on
Monday.

2. The Rules of Hearing are good with one minor change to track the language of Rule 6.3. On the fourth bullet, please amend it to
read "Cell phone, radios, pagers, iPods, BlackBenys, and similar devices are not allowed in the hearing unless they are completely
turned off

3. In light of the pending government response to the defense witness request, I will not be submitting my witness and evidence list
today. as I had stated in my 23 November memorandum. I will submit that list as soon as possible.

Thank you.
LTC Aiman/a



From: Fein, Ashden cm" USA SJA

Sent: Wednesday, December 07, 20ll 6:29 PM

To: Almama, Paul; Hol7er, Mark LTC MIL USA OTJ Matthew kentkes;

Tooman, Joshua CPT MIL US USA Monow Ill, JoDean, CPT USA

Overgaard, Angel M. CPT USA Daniel W. SGT USA A

Cc: H0l7.Cl', Mark LTC MIL USA Pratlter, Jay Mr CIV USA OSA

Subject: RE: Review of evidence

Sir.

We recommend you review the evidence at MDW. We ltave an ollice reserved on
the first floor that will be dedicated to you and will have a safe for you to
lock your computer and notes.

We are ?nalizing the prosecution's reply to the defense witness request and
should have it out in the next few hours. Also, we intend to submit an
additional evidence list.

Could you please let us know by tomorrow, if possible, whether the proposed
Rules of Hearing are suf?cient so that we can have posters created for the
hearing?

Additionally. we were going to mail the Resource CD to you today. but realized
that you will likely get it faster if we leave it for you in your office on
Monday or hand deliver the CD tomorrow. Would you like the CD before weekend?

0221 9387

28134

CD tomorrow. We mailed Mr. Coombs his copy and delivered a copy to MAJ Kemkes

If so, could you please provide us your work address and we will deliver the
today.

Thank you.
v/r
CPT Fein

?--Original Message--?
mm: Almanza, Paul
Sent: Wednesday, Decem
To: Fein, Ashden CPT USA Holzer, Mark LTC MIL USA
Matthew kemkes;

mm; Tooman, Joshua MIL Us USA mmoc-, Momow
. 0 an, PT A Ovcrgaard, Angel M. CPT USA
Waybright, Daniel W. SGT USA SJA

Cc: Holzer, Mark LTC MIL USA PratherSubject: Review of evidence

Fein -

As you may recall, 1 plan to review evidence from 12-15 December in
preparation for the hearing. I'd like to do so without inconveniencing more
people than is necessary.

Would it be more convenient for me to come to MDW to do that. or would it be
more convenient for me to do that at Fort Meade?

Thanks.

LTC Almanza



02921090

28135

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, December 07,2011 7222 PM
To: Almanza. Paul; Holzer. Mark LTC MIL USA

Matthew kemlTooman, Joshua CPT MIL US USA Morrow ll ean, -
Overgaard, Angel M. CPT USA Waybright, Daniel
W. SGT USA SJA

Cc: Holzer. Mark LTC MIL USA Prather, Jay Mr CIV USA OSA
Subject: RE: Review of evidence
Sir,

Thank you. The United States acknowledges all three of your emails. As for
#2 below, we request the language remain the same as we provided on the draft
request. we acknowledge that it is a deviation from Rule 6.3; however because
the United States intends to present classified information during the
hearing, our security experts recommend prohibiting the items and not just
ordering them turned off. I apologize for not pointing this out on the front
end. Additionally, we could amend the proposed rule to allow for ?hearing
participants only" to be authorized, if you and counsel would like to have
their cell phones in your offices.

v/r
CPT Fein

02216134
28136

From:
Sent: Thursday, December 8, 201 8:53 AM

To: Fein, Ashden CPT USA SJA

=MattheW kemkes


Subject: RE: Logistics

Ashden,
How does 1300 today sound? As a heads up, I want to cover the following:

- Do you have a map and driving directions that you can provide to the defense? (I assume you would for the
govemment?s witnesses, and those limited witnesses that the defense is permitted to bring). I would like to have
this for the defense team and the family members of BM.

- Can you provide a general layout of the compound that has been created? Also, I would like to have a general
tour on Wednesday of next week to get an overview of the area and courtroom.

- Can you describe the defense trailer(s)?

- Are there separate offices in the trailer or is itjust one big space?

- Is there a bathroom?
Is there a phone?
Do we have a printer/paper?
Is there intemet or a wireless connection?
- Do we have multiple keys to the trailer so that we can leave items overnight or during the day?
Will the defense be the only ones with keys to the trailer(s).

- Will there be a reserved area in the courtroom for defenses team members and BM family members? How
many seats?
- How do we ensure that BM family members get on post without any issues?
- How do we ensure that BM family members get into the courtroom without any issues?
- During breaks, can BM family members visit with If so, what are the requirements? If not, why not?

- Where do nonpanicipants go during any closed hearing? How will they be able to know when the hearing is
no longer closed?

- After each day, the defense would likely want to meet with BM. Are there any time restrictions that we need
to know about regarding when he needs to be taken back to his holding cell?
- Can BM be brought out on Thursday of next week to the defense area? If not, why?

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

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 confidential attomey-client

02216134
28137

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

02216130
28138

From:
Sent: Thursday, December 8, 201 1 10:01 AM
Tm Anmanza.vaur




Cc: Matthew kemkes
Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JF HQ-

Fein, Ashden CPT USA

Melissa Santiago







Subject: Administrative Issues

LTC Almanza,
The defense would like to raise a couple of administrative issues:

1) The defense requests that all restraints be removed from PFC BM prior to him being taken to the courtroom.
The defense also requests that he be permitted to have paper and a pen to take notes;

2) I will submit a civilian defense counsel notice of appearance on the 16th. The notice will will provide you
with my general information and quali?cations for the record;

3) The defense intends to conduct a brief voir dire of you. Looking at the Article 32 script, it makes the most
sense to do that after you ask PFC BM whether he has any questions concerning his right to present anything
that he may desire in defense, mitigation, or extenuation.

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 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 prohibited.??*

02216123
28139

From:

Sent: Thursday, December 8, 2011 12:56 PM

To: Almanza, Paul

Cc: Morrow Ill, JoDean, CPT USA SJA

Overgaard, Angel M. CPT USA JFIIQ-










USA JFHQ-NC
Daniel W. SGT USA JFHQ-NC





Matthew kemkes
Paul Bouchard
Joshua] CPT MIL US USA TRADOC
LTC MIL USA OTJAG




Holzer, Marl<
il>; Fein, Ashden CPT USA JFHQ-
Melissa Santiago





Subject: Defense Request to Compel Production of Witnesses
Attach: Request to Compel Witnessespdf
LTC Almanza,

Please see the attached request to compel the production of the defense requested witnesses. The defense
requests a mling on the production of witnesses at your earliest convenience.

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 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 prohibited.?



02938076
28140
From: Fein, Ashden CPT USA SJA
Sent: Thursday, December 08, 2011 4:01 PM
To: Almanza, Paul
Cc: Morrow Ill, JoDean, CPT USA Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA Waybright,
Daniel W. SGT USA JFHQ-NCRIMDW Matthew kemkes; Paul Bouchard; Tooman,
Joshua CPT MIL US USA Holzer, Mark LTC MIL USA Melissa Santiago
Subject: RE: Defense Request to Compel Product-ion of Witnesses
Sir,

In short, the United States maintains its objections.

1. we acknowledge the rights of the accused under RCM 405(f). However, we
would like to highlight that there is no documented precedence that empowers
the defense to use the Article 32 investigation to explore all possible
theories of mitigation and extenuation for matters that would only be
potentially relevant during the sentencing phase of the trial, if any. As you
will see in Garcia, the Court, in dicta, quotes Article 32 stating the
"accused has the right to present anything he may desire in his own
but actually rules on the validity of an Article 32 waiver. The defense's
proffered testimony is not relevant to the charged misconduct or any
mitigation or extenuation evidence towards the alleged acts of the accused
(IAN the charge sheet). The defense is simply trying to use the Article 32 as
a vehicle to openly explore alleged failures of the chain of command which are
not relevant to charges, thus outside the scope of RCM 465 and your charter.
In fact, the defense uses the statement "each of these witnesses can provide
different insight into the events that transpired between 1 November 2609 and
27 May however based on the defense's proffer, the "events" are not
related to alleged criminal acts of the accused, but the actions of others who
interacted with the accused.

2. RCM 4e5(g)(1)(A) purposely limits witness production for witnesses that
are both relevant and not cumulative. Each witness the United States objects
to based on cumulative testimony, is in fact cumulative with others on the
witness list. The purpose of the Article 32 is to conduct a "thorough and
impartial investigation of all matters" and that can still be accomplished by
receiving testimony by multiple other witnesses with similar access to
Tinformation, proximity to the accused, or part of the same joint
investigation.

3. As for any witnesses testifying about alleged mental health issues, it
does not appear from the defense's proffered testimony that the defense
intends to present testimony as to the accused's having partial mental
responsibility for the alleged crimes; therefore these witnesses are not
relevant to the charges, including mitigation or extenuation on the merits.
The United States responses are based solely on defense's proffered testimony.
The United States does not argue with the defense that a diminished capacity
amounting to a partial mental responsibility defense could be relevant as
mitigation and extenuation.

4. The defense's witnesses who they proffer will testify about alleged
Articles 13 and 37 violations are not relevant. Our analysis under #1 above
applies as well. Additionally, defense's proffered Articles 13 and 37

1

#334



02938076
28141

violations are matters reserved for the convening authority prior to referral
and ultimately a military judge at a court?martial, if this case is referred.
The substance of these matters and the fact they allegedly occurred after the
commission of the alleged offenses make these witnesses not relevant to the

accused's alleged misconduct, thus outside the scope of your investigation.

S. The defense misrepresents the government's position in Footnote 1. The
United States did not state in its response that it would not entertain travel
for defense witnesses based on their production being "too costly and
troublesome." The United States will entertain the defense's request for
witnesses that are not relevant or cumulative and based on your determination
of availability and method of production, will produce the witnesses.
Additionally, the United States intends to request some of its witnesses be

called telephonically, rather than in person, but cannot make that request

until you make a determination on which witnesses you will call as the
investigating officer. As of today and absent the government's request to
have the senior ranking government officials declared not reasonably
available, the United States has not objected to the personal appearance of

any witnesses, both the government's or defense's. The United States has
objected to you considering certain witnesses based on relevance and/or
cumulative production. However, the United States does intend to make future
requests to have some witnesses testify telephonically to minimize costs,
depending on which witnesses you ultimately order to be produced and are
reasonably available.

6. The United States objects to your consideration of Article 131, Perjury,
as a reference in determining whether a statement is properly sworn. Article
131 is a punitive article intended to criminalize sworn statements by
Servicemembers during a judicial proceeding. The original classification
authority (OCA) reviews are simply sworn statements made "under penalty of
perjury" IAN 28 U.S.C. 1746. Rather than Article 131, the United States
recommends you consider Article 134, False Swearing, and specifically the
portion under the explanation which states, does not include such
statements made in a judicial proceeding or course of justice, as these are
under Article 131, See MCM, part IV, paragraph 79c(1). Under the
defense's proposed analysis, the only sworn statements that you could consider
during this investigation, are previously sworn statements given under oath at
an Article 32 investigation or court-martial.

Additionally, I added CPT Hunter whyte to our emails. He is another
government counsel.

Thank you.

v/r
CPT Fein

02216116

28142

From:

Sent: Thursday, December 8, 201 1 4:20 PM

To: Almanza, Paul

Cc: Morrow 111, JoDean, CPT USA SJA









Overgaard, Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT
Waybright,

SJA
USA SJA
Daniel W. SGT USA SJA
Matthew kemkes
Paul Bouchard
Joshua] CPT MIL US USA TRADOC
LTC MIL USA OTJAG





Tooman,
Holzer, Mark
Melissa Santiago

Fein, Ashden CPT USA SJA




Subject: RE: Defense Request to Compel Production of Witnesses

LTC Almanza,

Just a quick response to correct a couple of statements by government counsel. The government's position on
the relevance of the requested witness (both unit and mental health witnesses) "as only being relevant during
sentencing" is erroneous. If needed, the defense will file a sealed ex-parte motion to explain its theory of
relevance on the merits.

A declaration under 28 U.S.C. Section 1746 is an "Unswom Statement." As such, unlike swom statements
under 2823, these statements are not admissible over defense objection unless signed during the Article 32
hearing. A plain reading of 28 U.S.C Section 1746 and R.C.M. 405(h)(1)(A) undercuts the government's

position. The analysis to Article 131 also reaffinns the defense's position.

Best,
David

David E. Coombs, Esq.

Law Office of David 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 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 infonnation may be
unlawful and is

02219362
28143

no-n= AImanza.vaunj>

Sent: Friday, December 9, 201 1 9:25 AM
To:
Cc: Matthew kemkes






Morrow JoDean, CPT USA SJ A
Overgaard, Angel M. CPT USA JFHQ-
Fein, Ashden CPT USA

Melissa Santiago




SJA




Subject: RE: Administrative Issues
Attach: almanza_2-1_resume_l .pdf
Mr. Coombs -

1. Your request is reasonable. I intend to grant it subject to the limitations of my authority as IO. While in the
courtroom, PFC BM will not be in restraints and may have paper and pen to take notes, subject of course to appropriate
security procedures. I will request that PFC BM be removed from any restraints prior to being taken to the courtroom.

2. Thank you.

3. Re voir dire, attached are my most recent DA Form 2-1 (basically a reserve version of the ORB) and my most recent
civilian resume. I intend to prepare a script and circulate it to the parties in advance of the hearing for your review.

LTC Almanza

From:

Sent: Thursday, December 08, 2011 10:01 AM

To: Almanza, Paul

Cc: Matthew kemkes; Morrow JoDean, CPT USA Overgaard,
Angel M. CPT USA Ashden Fein; Melissa Santiago

Subject: Administrative Issues

LTC Almanza,
The defense would like to raise a couple of administrative issues:

1) The defense requests that all restraints be removed from PFC BM prior to him being taken to the courtroom.
The defense also requests that he be permitted to have paper and a pen to take notes;

2) I will submit a civilian defense counsel notice of appearance on the 16th. The notice will will provide you
with my general information and quali?cations for the record;

3) The defense intends to conduct a brief voir dire of you. Looking at the Article 32 script, it makes the most
sense to do that a?er you ask PFC BM whether he has any questions concerning his right to present anything
that he may desire in defense, mitigation, or extenuation.

Best,
David

02219362
28144

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

02216102
28145

From:

Sent: Friday, December 9, 201 1 9:34 AM

To: Almanza, Paul

Cc: Matthew kemkes






Morrow ll], JoDean, CPT USA IF SJA

Overgaard, Angel M. CPT USA JF HQ-

Fein, Ashden CPT USA
Melissa Santiago




SJA
SJ A




Subject: RE: Administrative Issues

LTC Almanza,
Thank you for the additional information.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

I 1 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 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

02216098

28146
From:
Sent: Friday, December 9, 201 1 l2:05 PM
To: Fein, Ashden on USA SJA
Cc: Matthew kemkes






.



Tooman, Joshua] CPT MIL US USA TRADOC
Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JF HQ-
Ford, Arthur D. W01





USA JFHQ-NC DW SJA
Subject: RE: US v. PFC BM (Discove




Ashden,

1) I know you said that the government would return the forensic cube NLT 12 December, but is there any
reason why you cannot return it to us today? Our forensic experts are planning to begin work on Sunday.
Additionally, I wanted CW2 Santiago to take the cube to CPT Bouchard today. Please advise me if it is a
problem to bring the cube back to CW2 Santiago today and why.

2) With regards to the video "thou aren't held responsible only for thyself" do you have a translation for this
video?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4 I56

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



02916426
28147

From: Fein, Ashden CPT USA SJA

sent: Friday, December 09, 2011 1:48 PM

To: Almanza. Paul

Cc: Kemkes. Matthew MIL

Tooman, Joshua CPT MIL US USA Morrow
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Holzer, Mark LTC MIL
USA OTJAG
Subject: US v. PFC BM (Admin)

Sir,
Good afternoon. The United States recommends the following two administrative measures:

1. At 1306, on Thursday 15 Dec 11, you and your security officer meet the prosecution and
defense at the Fort Meade courtroom to conduct an administrative walk-through of the site and
a full-dress rehearsal of (1) closing the hearing; (2) opening the hearing; and (3)
controlling any disturbances. The United States is developing proposed ?Battle Drills? for
each of these processes and intends to sit down with the defense prior to 15 Dec 11 and work
out the details. Our intent is that the prosecution and defense present the joint proposal
of ?Battle Drills? and we rehearse them when you come up for your admin walk-through.

2. For planning the proper security, press, and administrative coordination, the United
States recommends that we go on the record each day starting at 8906. we recognize that the
time could change based on a multitude of factors, but having a starting point will allow for
battle development for each of the functional areas.

3. By COB today, the United States will provide you the POC at IVDN for your arrival on
Monday. SFC Davis, Fort Meade, OSJA is your dedicated paralegal for this investigation. If
he is not available on Monday at Fort McNair, then the Military Justice Division will provide
you a temporary assistant.

v/r

CPT Fein

02216093









28148
From:
Sent: Friday, December 9, 2011 1:52 PM
To: Almanza, Paul
Cc: Matthew kemkes
Tooman, Joshua
Over aard, An el M. CPT USA
effrey H. CPT
USA SJ Holzer, Mark
M11, USA OTJAG USA JFHQ-

SJA
Subject: RE: US v. PFC BM (Admin)

LTC Almanza,
The defense has no issues with the government's requests.

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 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

02188856









28149

From: ic.fbi.gov>
Sent: Friday, December 9, 201 1 3:05 PM
To: Fein, Ashden CPT USA SJA

ne/icewrsov>
Cc: Morrow JoDean, CPT USA SJA

Ford, Arthur D. W01 USA JFHQ-
WW IA
@ic.fbi.gov>

Subject: RE: FBI Case File

-
I discussed this issue with those panics with equiu'es But we

would like to work with you to come up with a plan to get through the material and meet your discovery obligations. To that end.
would it be possible to meet sometime soon to discuss? I understand you'll be quite busy preparing for the Art 32, so we're here at

your convc nience.

Thanks.





02935099
28150

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Fn'da December 09 2011 3:09 PM

To:

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

NCRIMDW SJA
Subject: RE: FBI Case File

Thanks. we will likely be submitting a Formal request next week and work through the
semantics and way Forward beforehand. we are "occupying" Fort Meade on Monday and will be up
there all week and through the Article 32. I will call early next week For us to Figure out
the next step!

Thank you again.

Ashden

02915631
28151

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Friday, December 09, 2011 5:01 PM
To:

Cc: 'Kemkes. Matthew MIL 'Tooman, Joshua CPT MIL
Us USA Morrow JoDean, CPT USA Overgaard,
Angel M. CPT USA JFHQ-NCRIMDW Whyie, Jeffrey H. CPT USA
Parra, Jairo A. W01 USA JFHQ-NCRIMDW SJA

Subject: US v. PFC BM (Logistics)

Attachments: Directions from Baltimorepdf; Directions from DuIIes.pdf; Directions from Reaganpdf

FOR OFFICIAL USE ONLY AND LAW ENFORCEMENT SENSITIVE
David,
Below are the responses you asked for-

- Do you have a map and driving directions that you can provide to the
defense?
Answer: Attached are the directions to the CR from all airports in the NCR.

Can you provide a general layout of the compound that has been created?
Also, I would like to have a general tour on Wednesday of next week to get an
overview of the area and courtroom.

Answer: If you want to discuss the layout of the area and courtroom, we can
discuss today, over the weekend, or next week. For security purposes, we
cannot send out the schematics. Additionally, when you arrive next week, it
will be VERY evident what structures are in place (multiple trailers, fencing,
and IT).

Can you describe the defense trailer(s)?
- Are there separate offices in the trailer or is it just one big space?
- Is there a bathroom?
- Is there a phone?
Do we have a printer/paper?
- Is there internet or a wireless connection?
- Do we have multiple keys to the trailer so that we can leave items
overnight or during the day?
- will the defense be the only ones with keys to the trai1er(s).

Answer: The trailers are 56' 12' divided in three different areas. In the
middle area there is big open space where 4 work stations will be set-up. In
the front of the trailer there will be a small conference room table set-up.
The third room is empty. There is a bathroom, but it is inoperable.
Additionally there will be a latrine trailer (similar to deployments) for the
prosecution and defense.

The defense and prosecut lled.
bers are:
All numbe team

and at your own discretion.





Printers and printing supplies will be provided by the government.



02915631
28152

The trailers will be wired with 5 NIPR computer drops, for the TDS computers
and for TDS personnel use.

All trailers have keys and are able to be locked at anytime. The keys to your
trailers will be issued upon your arrival to Fort Meade. Only the Defense
Team will have those set of keys.

- will there be a reserved area in the courtroom for defenses team members
and BM family members? How many seats?

Answer: The CR has two defense offices. The proceedings will be broadcast to
the prosecution and defense trailers for the extended team members to
participate. In the CR, we are reserving the first pew (8 seats) for the
defense with placards, based on our previous discussions.

How do we ensure that BM family members get on post without any issues?

Answer: As long as the family members follow the guidance provided by Fort
Meade they will not have an issue coming onto the installation. All they need
is an ID and be willing to have their vehicles searched at the gate for normal
security checks.

How do we ensure that BM family members get into the courtroom without any
issues?

Answer: In order to have access to the secure area (trailers and courtroom),
a person must have a badge, which W01 Parra will issue. A badge will
be issued to all members of the prosecution and defense teams, along with
other USG staff members (IO, CSO, security, etc.). and badges
will be issued by PAO. N01 Parra will issue badges on a daily
basis. Except for command representatives and USG officials, all
will be required to have an official escort with a badge at all times.
Please provide H01 Parra a list of those you expect on to visit and he will
issue them an accountable badge for that day. For all badges, there
will be a requirement to surrender a government issued ID for the badge.

During breaks, can BM family members visit with If so, what are the
requirements? If not, why not?

Answer: During breaks BM's family can visit with BM provided the escort is
present at all times. Only conversations that are determined to be privileged
will not require an escort to be present. The monitoring order is still in
place.

- where do nonparticipants go during any closed hearing? How will they be
able to know when the hearing is no longer closed?

Answer: Spectators and the media will be held at the holding trailers outside
of the CR (other trailers) and will be allowed back in the courtroom by site
security at the appropriate time. we will work out the procedures, as I
mentioned in the previous email to the IO.

- After each day, the defense would likely want to meet with BM. Are there
any time restrictions that we need to know about regarding when he needs to be
taken back to his holding cell?

Answer: No issues with BM returning at a particular time to the confinement

02915631
28153

facility. However, the escorts need to inform the facility when BM intents to
return therefore, some coordination must take place.

Can BM be brought out on Thursday of next week to the defense area? If
not, why?

Answer: Yes.

V/r
Ashden



0221 9360

28154

From: Almanza. Paul ?m

Sent: Friday, December 9, 201 1 5:19 PM
To:
Cc= Matthew kemkes

Tooman, Joshua CPT MIL US USA TRADOC
Morrow Ill, JoDean, CPT USA SJ A
Overgaard, Angel M. CPT USA JFHQ-

Whyte, Jeffrey CPT

USMFH0-NC
LTC MII, USA OTJAG cm, en PT USA JFHQ-
SJA Prather, Jay Mr CIV USA

Subject: RE: v. i!!mrni




Thank you, Counsel. These recommended administrative measures are approved. I added Mr. Prather, my security
officer, as a cc.

LTC Almanza

From:

Sent: Friday, December 09, 2011 1:52 PM

To: Almanza, Paul

cc: Kemkes, Matthew MIL il; Tooman, Joshua CPT MIL us USA Morrow
JoDean, CPT USA vergaar nge M. CPT USA Whyte, Jeffrey H. CPT
USA Holzer, Mark LTC MIL USA Ashden Fein

Subject: RE: US v. PFC BM (Admin)

LTC Almanza,
The defense has no issues with the government's requests.

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 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

-- Original Message --



02219360

28155

Subject: US V. PFC BM (Admin)
From: "Fein, Ashden CPT USA

Date: Fri, December 09, 2011 1:48 pm
To: "Almanza, Paul"

Cc: , "Kemkes, Matthew MIL
"Tooman,
"Morrow






Joshua CPT MIL US USA
JoDean, CPT USA

"Overgaard, Angel M. CPT USA
"Whyte,

Jeffrey H. CPT USA




"Holzer, Mark LTC MIL USA

Sir,

Good afternoon. The United States recommends the following two administrative
measures:

1. At 1300, on Thursday 15 Dec 11, you and your security officer meet the
prosecution and defense at the Fort Meade courtroom to conduct an
administrative walk?through of the site and a full-dress rehearsal of (1) closing
the hearing; (2) opening the hearing; and (3) controlling any disturbances. The
United States is developing proposed ?Battle Drills" for each of these processes
and intends to sit down with the defense prior to 15 Dec 11 and work out the
details. Our intent is that the prosecution and defense present the joint proposal
of ??Battle Drills? and we rehearse them when you come up for your admin walk-
through.

2. For planning the proper security, press, and administrative coordination, the
United States recommends that we go on the record each day starting at 0900.
We recognize that the time could change based on a multitude of factors, but
having a starting point will allow for battle development for each of the
functional areas.

3. By COB today, the United States will provide you the POC at MDW for your
arrival on Monday. SFC Davis, Fort Meade, OSJA is your dedicated paralegal for
this investigation. If he is not available on Monday at Fort McNair, then the
Military Justice Division will provide you a temporary assistant.

v/r
CPT Fein

02216082
28156

rom:
Sent: Sunday, December 1 1, 2011 6:14 PM
To:







Cc: Matthew kemkes
Morrow I11, JoDean, CPT USA SJA

Overgaard, Angel M. CPT USA

Fein, Ashden CPT USA
Melissa Santiago





DW SJA
SJ A




Subject: Telephonic 802

LTC Almanza,

I was wondering if we could have a quick 802 on Monday to discuss some of the remaining issues? I am open
just about anytime after 1030.

Best,
David

David E. Coombs, Esq.

Law Office ofDavid 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 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 prohibited.*"

02919097

28157

From:
Sent
To:
Cc:

Subject:

Sir,

Fein, Ashden CPT USA SJA

Sunday, December 11, 2011 6:15 PM

Paul

Matthew kemkes; il; Morrow Ill, JoDean, CPT USA JFHQ-
vengaa nge . SA Melissa Santiago
RE: Telephonic 802

The government has no issue, but requests the call after 1500. we will be
I moving our office in the morning in order to prepare for the Article 32.

Thank you.

v/r

CPT Fein

02216078









28158

From:

Sent: Sunday, December 1 1, 2011 11:17 PM

To: A1m Fein, Ashden CPT USA

SJA 11>
Cc= Matthew kemkes

Morrow IH, JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-




Subject: RE: Telephonic 802

LTC Almanza,

1500 will work with the me. I would like to discuss the outstanding issues regarding which witnesses will be
produced, the production of evidence motion, and the defense's closure motion.

Best,
David

David E. Coombs, Esq.

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

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

Fax?. (508) 689-9282




"?**Confidentiality 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



02983212



28159


From: Whyte, Jeffrey H- CPT USA SJA

Sent: Wednesda Ma 02, 2012 8:38 AM

To:

Cc:

Subject: US v. PFC Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. Can you
please send me a SIPRNET or JNICS email address For your agency, so we can discuss the
document you provided our office a few weeks ago? we are in the middle of litigation right
now, so timing is crucial.

we appreciate your continued support. Thank you.
v/r

J. Hunter whyte

CPT, JA

Trial Counsel
United States Army Military District of Washington



From: Whyie, Jeffrey H. CPT USA SJA





Sent: Wednesda Ma 02, 2012 8:43 AM

To:

Cm OGC

Subject: RE: Delivery of Documents

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

I am one 0F the prosecutors in the case of United States v. PFC Bradley Manning. Two weeks
ago, we requested a SIPRNET or JNICS email address From your agency, so that we can discuss
the document you provided our office in relation to the above case. You said you requested

that (SSO) let us know how to proceed. I'm writing you because we have yet to hear

From Do you have a phone number For_?

we appreciate your continued support. Thank you.
v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District 04 Nashington



28161

From: Whyte, Jeffrey H. CPT USA SJA

Sent: 02, 2012 8:44 AM
To: ondcp.eop.gov'
Subject: RE: Email Address Request (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I am one of the prosecutors in the case of United States V. PFC Bradley Manning. Can you
please send me a SIPRNET or JWICS email address for your agency, so we can discuss the
document you provided our oFFice a Few weeks ago? we are in the middle of litigation right
now, so timing is crucial.

we appreciate your continued support. Thank you.
v/r

3. Hunter whyte

CPT, JA

Trial Counsel
United States Army Military District of washington



28162

From: Whyte, Jeffrey H. CPT USA SJA
Sent: Wednesda May.O2, 2012 8:46 AM

To:

subject: RE: documents (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. Can you
please send me a SIPRNET or JWICS email address For your agency, so we can discuss the
document you provided our oFFice a Few weeks ago? Two weeks ago, you told us that you were
meeting with ?From OGC to discuss this matter, but we have yet to hear a
response. we are in the middle of litigation right now, so timing is crucial.

we appreciate your continued support. Thank you.

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington



?9

28163

From: Whyte, Jeffrey H. CPT USA SJA
Sent: Wednesda . Ma 02, 2012 8:48 AM

To:

Subject: v. (UNCIASSIFIED)
Classification: UNCLASSIFIED

Caveats: FOU0

Sir,

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. Can you
please send me a SIPRNET or JNICS email address for your agency, so we can discuss the
document you provided our ofFice a Few weeks ago? we are in the middle oF litigation right
now, so timing is crucial.

we appreciate your continued support. Thank you.
v/r

3. Hunter Hhyte

CPT, JA

Trial Counsel
United States Army Military District of Washington

02983211

28164

From: Whyte, Jeffrey H. CPT USA SJA
Sent: Wednesda Ma 02, 2012 8:58 AM

To: gaagov

Subject: US v. PFC Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Ma?am,

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. Can you
please send me a SIPRNET or email address for your agency, so we can discuss the
document you provided our office a few weeks ago? we are in the middle of litigation right
now, so timing is crucial.

we appreciate your continued support. Thank you.

v/r

J. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE



From: Whyie, Jeffrey H. CPT USA SJA



Sent: Wednesda . May 02. 2012 9:01 AM
To: gsagov
Cc:

Subject: US v. PFC Bradiey Manning (UNCLASSIFIED)

_C1assification: UNCLASSIFIED

Caveats: FOU0
Sir,

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. Can you
please send me a SIPRNET or JNICS email address For your agency, so we can discuss the
document you provided our office a Few weeks ago? we are in the middle of litigation right
now, so timing is crucial.

we appreciate your continued support. Thank you.
V/r

3. Hunter whyte

CPT, JA

Trial Counsel
United States Army Military District of Washington

28166



From: Whyte, Jeffrey H. CPT USA SJA
Sent: 12 9:09 AM

To:

Cc:

Subject: US v. PFC Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. Can you
please send me a SIPRNET or JNICS email address For your agency, so we can discuss the
document you provided our office a few weeks ago? we are in the middle o? litigation right
now, so timing is crucial.

we appreciate your continued support. Thank you.

V/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

28167

From: Whyie. Jeffrey H. CPT USA SJA
Sent: Wednesday, May 02, 2012 9:21 AM

To: -@sec.gov

Subject: US v. PFC Bradley Manning (UNCLASSIFIED)

C1assiFication: UNCLASSIFIED
Caveats: FOUO

Sir,

I am one oF the prosecutors in the case of United States v. PFC Bradley Manning. Can I give
you a call this morning to discuss the below email? I just want to make sure we're on the
same page.

Thank you.

v/r

3. Hunter whyte

CPT, JA

Trial Counsel
United States Army Military District of Washington

inal Me a
Fr
Sent: Tues ay, ruary 28, 2012 3:19 PM

To: L. SGT USA SJA
Cc:
Subject: Fw: Request to Review NCIX Response (UNCLASSIFIED)

Dear Sergeant Bradley:

The email below was provided to me by Associate General Counsel for Litigation
and Administrative Practice here at the United States Securities and Exchange Commission. He
asked me to review your request and respond accordingly.

As I mentioned to you today by phone, in response to your request for document copies, this
agency has no responsive documents.

Feel Free to contact me if you have any need For clari?ication or further information.

Sincerely,



28168

Office of General Counsel
Securities Exchange Commission
160 Street, NE - Mail Stop 9612
Washington, DC 20549

Tel:
Fax:





@sec.gov

From:
Sent: Tuesda Februar 28, 2012 3:66 PM


Subject: Fw: Request to Review NCIX Response (UNCLASSIFIED)

From: Bradley, Princeton L. SGT USA SJA
1

Sent: Frida Februar 24, 2012 2:21 PM

To:

Subject: Request to Review NCIX Response (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

Good morning/afternoon. I am a paralegal for the prosecution team in the Court?Martial of
Private First Class Bradley Manning in connection with "w#kileaks." The purpose of this email
is two-fold: first to affirm that you are a member of the Office of the General Counsel, and
second, to request a copy of all documents that your organization provided to NCIX
approximately one year ago. Although we have been coordinating with for the past
year, just two weeks ago they determined that we cannot review copies of your organization's
documents in their possession, and we must directly go to your organization to coordinate a
review.

we are requesting this information to determine if there is any information that may be
discoverable and may require production by the government. None of the information will leave
our office, unless your organization has approved its release, and it will remain classified
at all times.

02983205

28169

we would like to review the documents from your organization as soon as possible. This short
suspense is necessary as the accused was arraigned this week, and to allow For enough time to
coordinate with your organization, iF information is discoverable. IF the information is
classiFied, please feel Free to use the lead prosecutor's SIPRNET and JNICS email addresses
below to transmit your documents. IF you would like to speak with me, please call at?

and iF you would like to speak with our lead prosecutor, please call Captain Ashden
Fein at

Thank you.

Very Respectfully,

Princeton Bradley

Sergeant, U.S. Army
Paralegal Non-Commissioned Officer
Military Justice, OSJA

Fort McNair, 32

Classification: UNCLASSIFIED
Caveats: FOUO

Classification: UNCLASSIFIED

Caveats: FOUO

Classification: UNCLASSIFIED
Caveats: FOUO

28170

I'o

28171

From:
Sent
To:

Cc:

Subject:

hnpo?ance:

All,

Good aFternoon.






Fein, Ashden MAJ USA SJA
May 02, 2012 2:16 PM
USAVAEH





Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard,
Angel M. CPT USA Whyte. Jeffrey H. CPT USA
VonEIten. Alexander S. 1LT USA SJA: Ford. Anhur D. CW2 USA
SJA



F?gh

Now that we are passed the last motions hearing, are you available to meet
to Finish going over the FBI case File?

we probably need 3 hours together and we will be

Finished with the First round.



we are available ANYTIME to meet.

V/r
Ashden

Please let us know.

Thank you!

02952147



28172
From: Fein, Ashden MAJ USA SJA
Sent: Wednesday, May 02, 2012 3:02 PM
To: David Coombs
Cc: 'Tooman, Joshua CPT USARMY Santiago, Melissa 8 CW2 USARMY Morrow

Ill, JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-

Whyie, Jeffrey H. CPT USA VonElten, Alexander

S. 1LT USA Ford, Arthur D. CW2 USA SJA
Subject: Update

ENFORCEMENT SENSITIVE
David,
Please see below for an update.

1. Charged Documents. we have prepared copies of the charged documents and are waiting to
hear back from Corrie at the NNC prior to sending. Once we receive the green light for
shipment, we will overnight?FEDEX the documents.

2. JRCF. Your client is moving back to the JRCF today. what day and time would
you like him at the FGGM TDS office before the next hearing?

3. Forensic Images. we are working to receive copies of the forensic images and files so
that the security experts can review the material. Once that is complete, then we will
submit the request(s) for disclosure of the material.

4. Contracting. As Mr. Parra explained in his email, your experts can continue working up
to the limit explained in the spreadsheet in my previous email. He is working to have
contracting finalize the modification for the recent approval over $35,666.

5. Kat: Report. CID executed an AIR (BATES: 66416696 66416692) and FBI executed a
document (BATES:

6. TDS Support or Requirements. Based on the Summer turnover, are there any personnel,
resourcing, or support the defense needs from the prosecution/command, including an
attorney(s), legal administrator(s), or paralegal(s)? If so, please provide us a request NLT
15 May 12, so we can start working with the command, TDS, PPTO, or whomever else is required.

7. Viewing of Assessments Other Documents. we are working to finalize any approvals we
must have for full or limited disclosure of material pursuant to the Court's order. In the
case that information will be made available for inspection, you mentioned in chambers that
you would prefer to come earlier or stay later in the DC area around the next hearing to
review the documents. Is this still your preference, rather than flying down on or after the
18th?

Thank you.

v/r
Ashden

ENFORCEMENT SENSITIVE

02832628

28173
From: David Coombs
Sent: Wednesday. May 02, 2012 5:18 PM
To: Fein, Ashden MAJ USA
Cc: "I'ooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow

JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-

Whyle, Jeffrey H. CPT USA VonEIten, Alexander

S. 1LT USA Ford. Arthur D. CW2 USA SJA
Subject: RE: Update

Ashden,

1. Thank you. I believe that as long as the information arrives before Friday the 4th, that
will work for Corrie.

2. I would like to have PFC BM brought to the Fort Meade TDS office at 1330 on 5 Jun. He
can be returned to the JRCF any time after 8 Jun.

3. Thank you.

4. Please keep me posted on the approval of the new contact. Once this is approved, I am
confident that our experts? expenses will not go over the approved amount.

5. Thank you.

6. You should have the IMC request for Hurley. Can you tell me when this will be taken
to the Also, the Defense will need a replacement for

CH2 Santiago. She is currently due to start out-processing on 25 June. I would like to have
a replacement for her by the first part of June so that we could have some overlap.

7. This will depend on what is being made available and the quantity.

Depending upon the nature of what is being made available, I may want to come down on the
18th or the following week. when do you think you could tell me generally what will be made
available?

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: (598) 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

28174

From: ?@ios.doi.gov1
Sent: Wednesday, ay 02, 2012 7:47 AM

To: Wh Jeffre H. CPT USA JFHQ-NCRIMDW
Cc: Bradley, Princeton L. SGT USA SJA
Subject: US v. anning (UNCLASSIFIED)



Good morning Sir,
Our response has been sent via the high side.

Please do not hesitate to contact me if you have any questions,

Best,








Department of the Interior OLES
1849 ST, Nw, MS 3499
Washington, DC 26249

(office)

(mobile)

(pager)

ios.doi. ov

28175
From: Fein, Ashden MAJ USA SJA
Sent: Wednesday, May 02, 2012 5:46 PM
To: David Coombs
Cc: 'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA VonElten, Alexander
S. 1LT USA Ford, Arthur D. CW2 USA SJA
Subject: RE: Update
David,

Apparently our Flood gates opened and we are receiving emails. I just received the IMC
request and will acknowledge that email afterwards. As For I expect to have better
clarity at the end of next week.

v/r
Ashden

02963661



From:

Sent

To:

Cc: (NSD) Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
vergaar, ngel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
NCRIMDW VonElten, Alexander S. 1LT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: FBI File

A11,

Tuesday works For us. 50 16am on Tuesday? Please plan on at least 3 hours. Thanks!

Ashden

28177

From: Fein, Ashden MAJ USA SJA

Sent: . Thursday. May 03, 2012 7:01 AM

To:

Cc: Morrow HI, JoDean, CPT USA Whyle, Jeffrey H.

CPT USA JFHQ-NCFUMDW Ford, Arthur D. CW2 USA SJA

Subject: IRTF Assessment

-3

Good morning. when you get in, do you mind calling? One thing we did not discuss on Tuesday
was State's review of the IRTF damage assessment For our release to the defense. Thanks.

Ashden

I 8 ?339

28178

From: Ford, Arthur D. CW2 USA SJA

Sent: 0 012 8:05 AM

To:

Cc: Fein. Ashden MAJ USA SJA

Subject: D08 Class Review (UNCLASSIFIED)

Attachments: 111030-Classification Review

Classification: UNCLASSIFIED
Caveats: NONE



Attached is the Dos Class Review. Thanks!

Artie


Arthur Ford
cwz, JA

Legal Administrator

Classification: UNCLASSIFIED
Caveats: NONE

28179



From: Parra, Jairo A. CW2 USA SJA

Sent: Thursday, May 03, 2012 1:27 PM

To: David Coombs; 'Tooman,Joshua CPT MIL US USA
Cc: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

SJA
Subject: RE: Cyber Agents Invoice for April Review (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

Eric,

This invoiced is not acceptable and it violates the terms of the contract.
You are to be paid by the hour, as stated in your contract, so you MUST
submit and invoice to the government that accounts for hours worked during
specific dates. Additionally, you cannot claim/get reimbursed for travel
dates. You and your associate are getting all travel expenses paid and per
diem provided for by the US government. I would not approve any payments
unless the invoice is by billable hours. If you have any questions please
feel free to contact me at your earliest convenience.

David,

Please ensure that all invoices are submitted to you and CPT Tooman for
accuracy before they are provided to me for payment. Thank you!

v/r,

JP

Jairo A. Parra

CW2, JA

Legal Administrator
JFHQ-NCR, MDW



The information contained in this email and any accompanying
attachments may contain Freedom of Information Act protected information,
including attorney-client or attorney work product privileged information.
This information may not be released outside of the Department of Defense
without prior authorization from the Office of The Judge Advocate General,
Department of the Army. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any
action in reliance on this information is prohibited. If you received this
email in error, please notify this office immediately by return email (see 5
U.S.C. 552 and Army Regulations 25-55 and

02983197

28180

From: Whyte, Jeffrey H. CPT USA SJA
Sent: 03, 2012 2:12 PM

To: do|.gov'

Subject: v. Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Sir,

Can you please update us on the status of your search For the below document? Even if a
Formal response was not provided to NCIX, we need to discuss this matter. You can reach me
at Thank you, Sir.

v/r
CPT whyte

02980124

28181

From: Bradley, Princeton L. SGT USA SJA
Sent

To:

Cc: Whyte, Jeffrey H. CPT USA SJA
Subject: RE: USAID (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Good afternoon, I hope that you have been well. I understand that you spoke with
Ford today regarding your NCIX response and as you can see below, he did pass along your
message. However, I do need an email directly from you stating that there were no individual
reviews completed by the Department of Labor For our records. Thank you again for all the
help that you have provided, it is truly appreciated.

very Respectfully,

SGT Princeton Bradley

Paralegal Non?Commissioned Officer
Military Justice, OSJA

Fort McNair, aldg 32



02984539



From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thursda Ma 03, 2012 6:16 PM

To:

Cc: em, en USA Bradley, Princeton L. SGT USA JFHQ-

SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (BBG).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you For your continued support!

V/r

3. Hunter whyte

cpr, JA

Trial Counsel

United States Army Military District of Washington







From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thursda Ma 03,2012 6:19 PM

To: usda.gov

Cc: Fein, Ashden MAJ USA Bradley, Princeton L. SGT USA JFHQ-

SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (DoA).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you for your continued support!
v/r

J. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE



28184

From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thursday, May 03, 2012 6:20 PM

To:

Cc: nsf.gov; Fein, Ashden MAJ USA Bradley, Princeton L. SGT

USA SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (NSF).pdf

C1assiFication: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you for your continued support!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02984413

28185

From: Whyte, Jeffrey H. CPT USA SJA

Sent: y, May 03, 2012 6:23 PM

To: wdoogov

Cc: Fein, Ashden MAJ USA Bradley, Princeton L. SGT

USA SJA
Subject: United States V. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503~Request to Produce in Discovery (DoC).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Ma?am,

Please process the attached request and provide a response thereto by 14 May 2012. As
always, please let me know if you should have any questions.

Thank you for your continued support!

V/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

6298437



From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thursda May 03, 2012 6:25 PM

To: hq.doe.gov

Cc: Fein, Ashden MAJ USA Bradley, Princeton L. SGT USA JFHQ-

SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (DoE).pdf

Classiticationz UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you For your continued support!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of washington

Classification: UNCLASSIFIED
Caveats: NONE

02984329

28187

Fronn
Sent
To:
Cc:

Sumed:
Attachments:

Whyte, Jeffrey H. CPT USA SJA

03, 2012 6:26 PM
faagov
em, en MAJ USA Bradley, Princeton L. SGT USA JFHQ-

SJA
United States v. PFC Bradley Manning (UNCLASSIFIED)
120503-Request to Produce in Discovery (FAA).pdf




Classification: UNCLASSIFIED

Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you For your continued support!

v/r

3. Hunter whyte
CPT, JA

Trial Counsel

United States Army Military District of washington

Classification:
Caveats: NONE

UNCLASSIFIED

02984287



From: Whyte, Jeffrey H. CPT USA SJA
Sent: Thursday, May 03, 2012 6:27 PM




To: @frb.gov
Cc: frb.gov @frb.gov; Fein, Ashden MAJ USA
Bradley, Princeton . SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (FRS).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Ma?am,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you For your continued support!

v/r

3. Hunter whyte

CPT, DA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02984245

_28189

From: Whyte, Jeffrey H. CPT USA SJA
Sent: Thursda Ma 03, 2012 6:28 PM
To: (LP)
Cc: Fein, Ashden MAJ USA Bradley, Princeton L.

SGT USA SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (GSA).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Ma?am,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you for your continued support!
v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02984203

28190





From: Whyte, Jeffrey H. CPT USA SJA

Sent: ay 03. 2012 6:30 PM

To: usitc.gov

Cc: @usitc.gov; Fein, Ashden MAJ USA Bradley,

rinceton . GT USA SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you for your continued support!

v/r

J. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

28191

From:
Sent
To:
Cc:

Sumed:
Attachments:

Classification:
Caveats: NONE

Good afternoon

Please process
always, please

Whyte, Jeffrey H. CPT USA SJA

a Ma 03, 2012 6:31 PM
@pnasagov
em, 5 en USA Bradley, Princeton L. SGT USA

SJA
United States v. PFC Bradley Manning (UNCLASSIFIED)
120503-Request to Produce in Discovery






UNCLASSIFIED

the attached request and provide a response thereto by 14 May 2612. As
let me know if you should have any questions.

Thank you For your continued support!

v/r

3. Hunter whyte
CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification:
Caveats: NONE

UNCLASSIFIED




02984119
28192

From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thursda May 03. 2012 6:35 PM

To: nrc.gov

Cc: @nrc.gov; Fein, Ashden MAJ USA Bradley,

rinceton . (3 USA SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (NRC).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you for your continued support!
v/r

J. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02984035

28193
From: Whyte, Jeffrey H. CPT USA SJA
Sent: Thursday, May 03, 2012 6:37 PM
To:
Cc: Fein, Ashden MAJ USA Bradley, Princeton L. SGT USA JFHQ-

SJA

Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (OPM).pdf

Classification:
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2012. As
always, please let me know if you should have any questions.

Thank you for your continued support!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

28194




From: Whyte, Jeffrey H. CPT USA SJA
Sent: Thursda Ma 03, 2012 6:36 PM
To:

SGT USA SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2912. As
always, please let me know if you should have any questions.

Thank you for your continued support!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02983993



28195

Fronn
Sent
To:
Cc:

Sumem:

Attachments:

C1assiFication:
Caveats: NONE

Good afternoon Sir,

Whyte, Jeffrey H. CPT USA SJA
Thursda May 03,2012 6:39 PM
ssa.gov






SGT USA SJA
United States v. PFC Bradley Manning (UNCLASSIFIED)
120503-Request to Produce in Discovery (SSA).pdf

UNCLASSIFIED

Please process the attached request and provide a response thereto by 14 May 2612. As
always, please let me know if you should have any questions.

Thank you For your continued support!

v/r

3. Hunter whyte
CPT, JA

Trial Counsel

United States Army Military District of Washington

Classi?ication:
Caveats: NONE

UNCLASSIFIED

@ssa.gov; Fein, Ashden MAJ USA Bradley, Princeton L.



From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thursda May 03, 2012 6:40 PM

To: Gydotgov

Cc: Fein, Ashden MAJ USA JFHQ-NCRIMDW Bradley, Princeton L. SGT USA JFHQ-

NCRIMDW SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (T rans).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Ma?am,

Please process the attached request and provide a response thereto by 14 May 2612, As
always, please let me know if you should have any questions.

Thank you for your continued support!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02983909




From: Whyte, Jeffrey H. CPT USA SJA

Sent: May 03, 2012 6:41 PM

To: @treasury.gov

Cc: em, 5 en MAJ USA Bradley, Princeton L. SGT USA JFHQ-

SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)
Attachments: 120503-Request to Produce in Discovery (T reasury).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2912. As
always, please let me know if you should have any questions.

Thank you for your continued support!

V/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of washington

Classification: UNCLASSIFIED
Caveats: NONE

02983867

28198




From: Whyte, Jeffrey H. CPT USA SJA

Sent: 3, 2012 6:44 PM

To: dm.usda.gov

Cc: em, 5 en AJ USA Bradley, Princeton L. SGT USA JFHQ-

SJA
Subject: United States v. PFC Bradley Manning (UNCLASSIFIED)

Attachments: 120503-Request to Produce in Discovery (DoA).pdf

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon Sir,

Please process the attached request and provide a response thereto by 14 May 2812. As
always, please let me know if you should have any questions.

Thank you For your continued support!

v/r

3. Hunter whyte

cpr, JA

Trial Counsel

United States Army Military District of Washington

Classiticationt UNCLASSIFIED
Caveats: NONE

02864514

28199

From:

Sent: Thursday, May 03, 2012 7:19 PM

To: Hughes, Brian A. LTC USA SJA
Subject: Manning PSR (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Brian I have 4 nonclassified discs that were provides as a result for the
Manning PSR request.

The discs are from OCLL, OCPA, and the Office of the Deputy
Undersecretary of the Army (DUSA). I anticipate the info provided by the
DUSA and would be the most relevant.

I will be out tomorrow (back in on Monday), but the discs will be available
in my office should someone wish to pick them up.

I am ccing -for vis.
v/r

Criminal Law Division

Office of The Jud Advocate General



BB:

Classification: UNCLASSIFIED
Caveats: FOUO

02980118



From:

Sent: Friday. May 04, 2012 6:54 AM

To: Bradley, Princeton L. SGT USA SJA

Cc: Whyte, Jeffrey H. CPT USA JFHQ-NCFUMDW
Subject: RE: USAID (UNCLASSIFIED)

Follow Up Flag: Follow up

Flag Status: Flagged

Categories: Red Category

Bradley,

we are doing well over here. I am in the process 0F conFirming no one else has responded to
the task and will respond as soon as I can.

Thanks

US Agency For International Development

1399 Ave Nw

washiniton D.C 26523

02983629

28201

From: Whyte, Jeffrey H. CPT USA SJA
Sent: Frida . Ma 04. 2012 9:36 AM

To:

Cc:
Subject:



RE: US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Thank you For providing us with your assessment. we had an opportunity to review the
document and would like to discuss our findings with you. Could either one of you please
give me a call to discuss? Thank you!

v/r
CPT whyte

28202

From:
Sent
To:
Cc:

Subject:

Attachments:

David,

Fein, Ashden MAJ USA SJA

Friday, May 04,2012 3:58 PM

David Coombs

'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA VonE|ten, Alexander
S. 1LT USA Ford, Arthur D. CW2 USA SJA

RE: Update

120504-GCMCA Approval IMC Request.pdf

Attached is the GCMCA's approval for the IMC request. As for CW2 Santiago's planned
departure? is the defense requesting a legal administrator to replace her or a paralegal, or

both?
Thank you.

v/r
Ashden

02951093

28203

From:
Sent:
To:
Cc:

Subject:
Attachments:

Importance:

Josh,

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Friday, May 04.2012 4:17 PM



David Coombs; ?Santiago, Melissa 8 CW2 USARMY Morrow .JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte,
Jeffrey H. CPT USA VonElten, Alexander S. 1LT USA JFHQ-NCR
Ford, Arthur D. CW2 USA Parra, Jairo A. CW2 USA
SJA

FW: W91QF7-12-P-0031 P0001 (UNCLASSIFIED)

12-P-0031-P01.doc

High

Attached is the modified contract for your computer forensic experts. This was sent to
CyberAgents today with very specific instructions on what the contractor must complete For US

Army Contracting.

v/r
MAJ Fein

Please see the below email and ensure they comply. Thank you.

02822142

28204
From: Parra, Jairo A. CW2 USA SJA
Sent: Tuesday, May 08, 2012 5:12 PM
To:
Cc: David Coombs; Santiago, Melissa CW2 USARMY Hurley, Thomas MAJ MIL USA
Fein, Ashden MAJ USA SJA
Subject: RE: Billing for Computer Forensic experts (UNCLASSIFIED)
Attachments: FW: Billing for Computer Forensic experts (UNCLASSIFIED) (40.6 re: FW:

W91 (46.6
Cyber Agents Invoice for April Review (35.3 KB)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Per our conversation today, I need someone in the defense team to verify and
validate the current invoice submitted. I have received three different
invoices, all for the same trip in April, that have variances in information
for hours of worked performed and different amounts claimed. Given the
discrepancies, I do not feel like at ease with the invoice(s) and I must
ensure that government funds are properly accounted for and verified by a
government representative prior to payment. Please determine why we have
discrepancies in hours worked and amounts claimed during the April trip.
Remember the contractors are not allowed to claim travel expenses as they
are being paid to travel by the US government under the Defense Travel
System.

Ultimately, it is the defense team who must validate every hour the
contractors are working. Because we have received three different
accountings by your experts, please submit a signed memorandum that lays out
the exact work your experts performed by day and hour, with the total. From
this point forward, their bills will not be paid until they input their
information in wAwF and we receive a signed memorandum from a government
representative (TDS counsel) which attests to the actual work they
performed. If you have any questions please let me know. Thank you!

v/r,

JP

Jairo A. Parra
. cwz, JA
Legal Administrator
JFHQ-NCR, Mow



The information contained in this email and any accompanying
attachments may contain Freedom of Information Act protected information,

1

02822142

28205

including attorney-client or attorney work product privileged information.
This information may not be released outside of the Department of Defense
without prior authorization from the Office of The Judge Advocate General,
Department of the Army. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any
action in reliance on this information is prohibited. If you received this
email in error, please notify this office immediately by return email (see 5
U.S.C. 552 and Army Regulations 25-55 and

02961744

28206




From: Fein, Ashden MAJ USA SJA

Sent: hu 10. 2012 7:02 AM

To:

Cc: Morrow JoDean, CPT USA SJA
Subject: IRTF Assessment

Are you available this morning to discuss over the phone an update on our release of the IRTF
assessment in classified discovery?

Thanks!

Ashden



From: Bradley, Princeton L. SGT USA SJA
10, 2012 8:21 AM

Sent
To:
Cc: e. rey H. CPT USA

Subject: RE: USAID (UNCLASSIFIED)




Classification: UNCLASSIFIED
Caveats: NONE

Good morning, I hope things are well. I just wanted to ask if you were able to confirm
that there were no other responses created by USAID. Thanks again for all your help.

Very Respectfully,

Sergeant Princeton Bradley
Paralegal Non-Commissioned Officer
Military Justice, OSJA

Fort McNair, 32



Ii?a

02980958



28208

From: Bradley, Princeton L. SGT USA SJA

Sent: Thursda Ma 10 2012 8:21 AM

To:

Cc: Whyte. Jeffrey H. CPT USA
Subject: RE: USAID (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

-)

Good morning, I hope things are well. I just wanted to ask if you were able to confirm
that there were no other responses created by USAID. Thanks again for all your help.

Very Respectfully,

Sergeant Princeton Bradley
Paralegal Non-Commissioned Officer
Military Justice, OSJA

Fort McNair, 32

02978092

28209

From: Bradley, Princeton L. SGT USA SJA
Sent: Thursday, May 10, 2012 8:23 AM

To:
Cc: hyte, Jeffrey H. CPT USA SJA
Subject: ocuments (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Good morning, I hope things are going well. I just wanted to follow up with you to see
if you had any luck locating the aforementioned documents. If you need any additional
information from us, please let me know and I will be happy to oblige. Thank you again!

Very Respectfully,

Sergeant Princeton Bradley

Paralegal Non?Commissioned Officer
Military Justice, OSJA

Fort McNair, 32

23-1 1







From: Fein, Ashden MAJ USA SJA

Sent: Friday, May 11, 2012 10:30 AM

To: Hughes. Brian A. LTC USA SJA
Cc: Ford, Arthur D. CW2 USA SJA
Subject: at pentagon

Sir? if you are at the pentagon, can you pick up the package From-? Thanks.

02963709








From: Fein, Ashden MAJ USA JFHQ-NCFUMDW SJA

Sent: Monda . May 14, 2012 1

To:

Cc: @usdo;.gov, Morrow JoDean, CPT USA SJA,
Overgaard, Angel M. CPT USA Whyle, Jeffrey H. CPT USA JFHQ-
VonElten, Alexander S. 1LT USA Ford. Anhur D.
CW2 USA SJA

Subject: FBI File

All,

Good aFternoon. It appears that we have approximately 38 documents remaining from the entire
File. we will know the exact number later today. Are you available later this week to come
back For what will hopefully be the last time with the current information?



Thanks!

Ashden

02983113



28212



From: Whyte, Jeffrey H. CPT USA SJA
Sent: Monday, May 14, 2012 3:55 PM

To: s?ogov

Cc: dnlgov

Subject: US v. PFC Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Ma?am,

Per our conversation this afternoon, I am CC?ing a member of NCIX who may be able to provide
further assistance relating to your concerns about disclosing the document at issue to the
defense in classified discovery.

v/r

3. Hunter whyte
CPT, JA
Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02833

Q85



From: David Coombs

Sent: Tuesday, May 15, 2012 3:09 PM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-
Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW VonEIlen, Alexander S. 1LT USA SJA

Cc: 'Tooman, Joshua CPT USARMY Hurley, Thomas MAJ USARMY Santiago,
Melissa CW2 USARMY (US)

Subject: RE: Discovery

MAJ Fein,

Do you have any update on the D05 Touhy request?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02986

Toll Free: 1-866-588-4156

Local: (508) 689-4616?

Fax: (588) 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

02964955

28214

From:
Sent:
To:

Cc:

Subject:

David,

Fein_ Ashden MAJ USA SJA

Tuesday, May 15, 2012 3:14 PM
David Coombs; Overgaard, Angel M. CPT USA Morrow Ill, JoDean,

CPT USA Whyte, Jeffrey H. CPT USA
VonEIten, Alexander S. 1LT USA SJA

'Tooman, Joshua CPT USARMY Hurley, Thomas MAJ USARMY Santiago,
Melissa CW2 USARMY (US)

RE: Discovery

we asked this morning and they should be getting back to us in the next day or two with an

update.

v/r?
Ashden



From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, May 15, 2012 3:20 PM
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY ?Santiago.

Melissa CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
NCRIMDW VonEIten, Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Discovery

David,

we received all the damage assessment emails over the past Few weeks and iF we are producing
them in this batch, then we received approval to turn them over in the period between our
last production and yesterday. As we continue to receive assessments and their approvals, we
will continue to produce them as soon as practicable, until all 0F them have been produced.

V/r
Ashden

02954589









28216

From: Fein, Ashden MAJ USA SJA

Sent: Wednesda Ma 16 2012 2:58 PM

To: (USAVAEL



Cc: NSD) . -
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA
NCRIMDW VonElten, Alexander S. 1LT USA Ford, Arthur D.
CW2 USA SJA

Sumeu:

hnponance:

All,

Good afternoon. Just a Few minutes ago, I sent on SIPR 6 emails with a total of 26
documents. These are the onl documents remainin .

Thanks!

V/r
Ashden

02327375

28217

From:
Sent: Thursday. May 17, 2012 10:59 AM

To: Fein, Ashden MAJ USA SJA
Subject: Re: FBI File

Are you around this afternoon? I've reviewed all the docs you sent and discussed with-
so we just wanted to go over that with you.



02969827

28218

From: 4 Fein, Ashden MAJ USA SJA
Sent: Frida Ma 18 2012 3:59 PM

To:

Subject: chat

Sir? are you still around? IF so can we chat? Thanks.

02983799





From: Whyie, Jeffrey H. CPT USA SJA
Sent: 1. 2012 8:43 AM

To:

Cc:

Subject: US v. Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Can you please update me on the status 0% your search For the below documents (should they
exist)? we have an upcoming motion hearing and this matter may be an issue.

Thank you!

V/r
CPT whyte

02983790

28220



From: Whyte, Jeffrey H. CPT USA SJA
Sent: 1 012 8:45 AM

To:

Cc:

Subject: US v. Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

Can you please update me on the status of your search For the below documents? we have an
upcoming motion hearing and this matter may become an issue.

Thank you!

v/r
CPT whyte

02983786

28221



From: Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA
Sent 7

To:

Cc:

Subject: E: US v. radley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
Thank you For the update. To clarify, USAID did not provide an individual assessment to
NCIX, either by Formal declaration or via informal email/telephone. Any USAID "assessment"

would be captured in a Department of State assessment, should one exist.

Please confirm that I understand correctly. Thank you very much]

v/r
CPT whyte

2903



28222
From: David Coombs
Sent: Monday, May 21, 2012 6:08 PM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean. CPT USA Whyle, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: Grand Jury Discovery
Ashden,

I received two discs from the Government today. One of the discs had Grand Jury testimony.
As I looked through the documents, I noticed that it only dealt with three witnesses and was
heavily redacted (about what was the standard used for determining the redactions?

was the information provided intended to be Brady? Can you tell me if the Government intends
to produce any additional Grand Jury testimony? If so, when?

Finally, you indicated in your 18 May memorandum that the Government would be delivering to
the Defense Forensic results and investigative files from the FBI and CIA today. Have you
done so?

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-889-588-4156
Local: (598) 689-4616

Fax: (568) 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

1



28223

From: Fein, Ashden MAJ USA SJA

Sent: Monday, May 21. 2012 7:06 PM
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY Overgaard,

Angel M. CPT USA Morrow Ill, JoDean, CPT USA
Whyte. Jeffrey H. CPT USA von Ellen, Alexander S. CPT USA
Ford, Arthur D. CW2 USA JFHQ-NCRIMDW ?Santiago, Melissa
CW2 USARMY

Sumed:

David,

Good afternoon.

1. Grand Jury testimony. what you have received is all the testimony that is favorable to_
the accused and material to either guilt or punishment.

2. Delivery of Documents. Ms. Robillard was not in the office until today and will accept
delivery tomorrow (details below). This morning, we attempted to deliver the material to CW2
Santiago, but she is out until Thursday.

3. we sent the below discovery through FEDEX (Tracking: 7984 1755 7784) to the NNC.

Disk 1: BATES 88445584 - 88447891: FBI files; BATES: 88447393 - 88447439: Various damage
assessments

Disk 2! BATES 88447448 88447666: FBI Files

Disk 3: BATES 88447818 88447848: Classified damage assessments from various agencies and
other documents pursuant to the government's filing on Friday

Disk 4: BATES 88447487 88447439: Reproduction of two classified damage assessments with
changed redactions, as per your request

In abundance of caution, the prosecution directs your attention to BATES 447623-447624 based
on its apparent exculpatory nature; thus, we highlight this information as potential Brady
material under RCM 781(a)(6).

The 4 classified disks listed above and the unclassified discovery that we had delivered to
your office today are ready to be delivered to Ft Myer. Once CH2 Santiago returns, we will
deliver the information.

Please confirm receipt of this email.

Thank you.

v/r
Ashden

02832900

28224
From: David Coombs
Sent: Monday, May 21, 2012 7:13 PM
To: Fein, Ashden MAJ USA SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY Overgaard,-

Angel M. CPT USA Morrow Hi, JoDean, CPT USA
SJA: Whyte, Jeffrey H. CPT USA von Elten. Alexander S. CPT USA
Ford, Arthur D. CW2 USA ?Santiago. Melissa
CW2 USARMY

Subject: RE: Grand Jury Discovery

Ashden,
Thank you. A couple points of clarification:

1) It appears that you are saying that the Government will not be producing any additional
Grand Jury testimony. Is this correct?

2) Have you identified a replacement for CNZ Santiago? If so, when will this person be
provided to the defense?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-890-588-4156

Local: (508) 689~4616

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

02962683
28225

From: Fein, Ashden MAJ USA SJA

Sent: Monday. May 21. 2012 9:31 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard,
Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean, CPT USA
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA
JFHQ-NCRWIDW Ford, Arthur D. CW2 USA ?Santiago, Melissa
CW2 USARMY

Subject: RE: Grand Jury Discovery

David,

1. You are correct.

The three transcripts are the only transcripts that we Found material

that are Favorable to the accused and material to either guilt or punishment, thus we are not
producing any additional transcripts.

2. CH2 Santiago's replacement.

an update tomorrow.
Have a good night.

v/r
Ashden

I know that was being worked by TDS, but I will try to get

02832982

28226
From: David Coombs
Sent: Tuesday, May 22, 2012 10:39 AM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean, CPT USA Whyie, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: DOS Damage Assessment
Ashden,

In your notice memorandum you state that ?the prosecution requests the defense provide four
duty days notice before each time they would like to inspect the document, so that the proper
facility and government security expert may be made available.? The Defense intends to
object to four duty days as being reasonable notice. However, since we will not be able to
address this issue before the next motions hearing, the Defense requests access to the DOS
document at 6936 on 5 June 2612.

Under MRE 565(g)(1), the Government must request the military judge to set the conditions of
the protective order. MRE states that a protective order can ?require controlled
access to the material during normal business hours and at other times upon reasonable
notice.? In other words, the Defense should be able to gain access to the DOS document
anytime during normal business hours and during non?business hours upon reasonable notice.
Four days advanced notice is unreasonable. Presumably, you have a copy of the document at
your office. If this is the case, why would it be problematic to have access in one of the
Government?s offices?

Finally, can you elaborate on the ?government security expert? requirement that you propose?
why do you feel that this is necessary? what do you believe this person will do? wouldn?t
it be easier to just give the document to the Court Security Officer and allow the Defense to
coordinate with him whenever we want to have access? Mr. Prather could then ?watch? us so
that the Government has no concerns. How does this sound to you?

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-809-588-4156

Local: (568) 689-4616





28227

Fax: (598) 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

02984587

28228

From: Whyie, Jeffrey H. CPT USA SJA
2220121240 PM

Sent -
To:
Subject: nl {ates v. PFC Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE



Sir,
I have not heard from your department. Any update on our request?

Thanks, Sir!

v/r
Hunter

02983579

28229

From:
Sent
To:
Subject:

Classification:
Caveats: NONE

Ma'am
3

Whyte, Jeffrey H. CPT USA SJA
Tuesda Ma 22 2012 1:40 PM
v. (UNCLASSIFIED)

UNCLASSIFIED

Any update on our request? Thank you!

V/r
Hunter

02964376

28230
From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Tuesday, May 22, 2012 6:55 PM
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard,

Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA von Elten, Alexander S. CPT USA
Ford, Arthur D. CW2 USA JFHQ-NCRIMDW Santiago, Melissa
CW2 USARMY (US)

Subject: RE: DOS Damage Assessment

David,
1. we will have the document ready at 6936 on 5 Jun 12, with a location TBD.

2. we need enough notice (4 days) so that we can schedule our government security expert to
come to our office, sign for the copy of the document, and deliver the document to your
security expert at the government facility which will be determined and reserved. The intent
is for our security expert to escort the document to your team meeting, sign the document
over to your experts, and then wait at the location until the defense counsel are finished
reviewing the document, for however long the review takes. The government security expert
will NOT be part of the defense counsel's session to ensure privacy and confidentiality.

Once the review is complete, then your security expert will sign it back over to the
government security expert, and the government security expert will return the document to
the prosecution. Each security expert is responsible for maintaining 168% eyes-on positive
control of the document and any notes produced from the document. we will endeavor to
execute as soon as possible when counsel notifies us; however, we believe four days is
reasonable to ensure the proper government facility, our security expert, and defense's
security expert are all available. This should be a very simple process; we just need notice
of when to make it happen. Additionally, we recognize that the various defense counsel will
likely want to view the document on more than one occasion. we can accommodate any
reasonable request. There is no need to have the Court security officer involved.

All defense counsel- please let us know when you want to view the document and include
confirmation that at least one defense security expert will be present, and we will plan
accordingly and have the document and location ready. Pursuant to the protective order, the
location can be a TDS office, so long as its approved to have "secret" information within it,
and there are no other personnel present other than the defense counsel and defense security
expert(s).

Thank you.

v/r
Ashden

02832979



28231
From: David Coombs
Sent: Tuesday, May 22. 2012 7:10 PM
To: . Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow IH, JoDean, CPT USA DW Whyie, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA JFHQ-NCRWIDW SJA

Cc: Hurley. Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: RE: DOS Damage Assessment
Ashden,

I do not believe the process that you recommend should be required. The defense will raise
this as an issue in our upcoming motion concerning the substitutions for the other damage
assessments.

Given the fact that we will all be at Fort Meade on the 5th, why don't we just allow Mr.
Prather to give us access to the Court's copy? I have no objection to Mr. Prather sitting in
on our review of the document. This would eliminate the need for both the Defense and
Government security experts to be involved and present.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI @2986

Toll Free: 1-899-588-4156

Local: (588) 689-4616

Fax: (598) 689-9282



Notice: This transmission, including attachments, may contain confidential
attorney?c1ient 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

02964393

28232
From: Fein, Ashden MAJ USA SJA
Sent: Wednesday, May 23, 2012 6:51 AM
To: David Coombs; Overgaard, Angel M. CPT USA Morrow HI, JoDean,

CPT USA Whyte, Jeffrey H. CPT USA von
Elten, Alexander S. CPT USA JFHQ-NCRWIDW SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: RE: DOS Damage Assessment
David,

The Department of State set the condition of requiring at least one defense security expert

to be present when the document is made available for inspection by defense counsel. Please
review the Court's order, dated 22 March 2612, for the duties of the court security officer

and detailed security experts.

Please notify us when any defense counsel would like to inspect the document, and we will
have it ready. The document has been available for inspection since Monday, 21 May 2812 and
will continue to be available throughout the court?martia1.

Thank you.

v/r
Ashden

02832974

28233
From: David Coombs
Sent: Wednesday, May 23, 2012 8:10 AM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Aiexander S. CPT USA JFHQ-NCRWIDW SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: RE: DOS Damage Assessment
Ashden,

The DOS does not set conditions for access. The military judge does once you request for
certain conditions under M.R.E. 565(g)(1). Again, we will raise this issue as part of the
substitutions motion that we file after you provide the required non-ex parte filing.

The Defense would like to have access at Fort Meade on 5 April. I am currently coordinating
with our experts to ensure that one can be present.

If that is not possible, then we would request access after our Article

39(3) session ends on 6 April. Please arrange to have a copy of the DOS damage assessment at
the Court.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI @2906

Toll Free: 1-898-588-4156

Local: (568) 689-4616

Fax: (598) 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

02985053

28234

From: Whyte, Jeffrey H. CPT USA SJA

Sent: Thiridiil fl, 2012 9:09 AM

To:

Subject: equest eview NCIX Responsive Documents (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I am one of the prosecutors in the case of US V. PFC Bradley Manning. I know you have been
coordinating with one of our paralegals, SGT Bradley, but I want to contirm whether your
agency provided any communication memorandum, email, telephone call) to NCIX as
provided below. If not, can you please memorialize that in an email? IF yes, can you please
provide Further guidance?

Thank you very much!
v/r
3. Hunter whyte
CPT, JA

Trial Counsel
United States Army Military District of washington

02985060

28235

From: Whyte, Jeffrey H. CPT USA SJA
Sent: 24, 2012 9:11 AM
Subject: equesi 0 Review NCIX Response Documents (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE




Sir,

I am one of the prosecutors in the case 0? US v. PFC Bradley Manning. I know you have been
coordinating with one of our paralegals, SGT Bradley, but I want to confirm whether your
agency provided any communication memorandum, email, telephone call) to NCIX as
provided below. we are not requesting that you provide us with the documents your agency may
have reviewed; instead, we are asking whether you provided a response to inquiry
below. IF not, can you please memorialize that in an email? If yes, can you please provide
Further guidance?

Thank you very much!
v/r

3. Hunter whyte

CPT, JA

Trial Counsel
United States Army Military District of Washington

02980786

28236



From: exim.gov]

Sent: Thursday, May 24. 2012 9:19 AM

To: Whyte, Jeffrey H. CPT USA SJA

Subject: Re: RE: Request to Review NCIX Response Documents (UNCLASSIFIED)

Exim did not reply to any of the information provided. we reviewed it and Found nothing that
compromised the Export-Import Bank.

Thank you very much.

Export?Import Bank of the United States
811 Vermont Ave., Nw
Washington, DC 28571

02933772

From: Whyie, Jeffrey H. CPT USA SJA
Sent: ur 24, 2012 9:34 AM

To: A

Subject: RE: US V. Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

I just wanted to check on the status of our request. Any progress? Any timeframe of when we
can expect DHS to provide its response? I know you have a lot going on - thank you For
assisting us with this matter!

Thanks!

v/r
Hunter

02983771



From: Whyte, Jeffrey H. CPT USA SJA
Sent: Thursda May 24, 2012 9:36 AM

To: us?ogov

Subject: US v. Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Ma?am,

I just want to check on the status of our request. Any updates? Any timeframe For when we
can expect ITC to provide a response?

I know you have a lot going on we really appreciate your help with this!

Thanks!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

Classification: UNCLASSIFIED
Caveats: NONE

02833122

28239
From: David Coombs
Sent: Thursday, May 24, 2012 10:25 PM
To: Fein, Ashden MAJ USA SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyie, Jeffrey H. CPT USA JFHQ-
von Eiten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: Defense -Discovery Materials

Ashden,

The proposed timeline unfortunately will not work for the Defense. At this point, our
reciprocal discovery is largely dependent upon:

1) Timely access to the Defense requested compelled discovery;

2) Timely access to the various damage assessments;

3) Receipt of requested Brady material;

4) Access/review of the hard drives promised by the Government; and

5) Interview of Mr. Patrick Kennedy

without the above information, the Defense cannot make a final decision on what it intends to
introduce as evidence in our case in chief. See R.C.M. 761(b)(3) and Likewise,
access to the above requested information is required for the Defense to make a final
decision regarding any written material that will be presented during our presentencing
proceeding (if necessary). See R.C.M.

Although the Defense is unable to provide access to the requested information at this time,
it is committed to providing reciprocal discovery so that the Government may adequately
prepare for trial. If the Government believes that the Defense is failing in this regard,
please let me know and I will attempt to elaborate further on our efforts to go above and
beyond the requirements under the rules.

Best regards,

David

David E. Coombs, Esq.



02833122

28240

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-888-588-4156

Local: (538) 689-4616

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

02958764

28241

Fronn
Sent
To:
Cc:

Subject:
Attachments:



Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA





5noPM
USA DCS
us USA DCS Parra, Jairo A.

CW2 USA JFHQ-NCRIMDW SJA
New Clearance
120529?Request Personnel Clearance and

Could you please expedite this request for T5 clearance and interim access
to SCI. we checked JPAS and it appears MAJ Hurley already has a TS
clearance, so it could just be a read-on. The defense added this attorney
and deleted two others (annotated in the memo). Thank you!

v/r
Ashden



02958761

From:
Sent
To:
Cc:

Sumem:
Attachments:

-1



Fein, Ashden MAJ USA SJA

Wednesda Ma 30, 2012 7:08 AM

ocs

us USA ocs Parra, Jairo A.
CW2 USA SJA

RE: New Clearance

120529-Request Personnel Clearance and



I realized this morning that I should have sent this to you as well. Since
MAJ Hurley already has a clearance, he just needs to be added to the indoc
list. Additionally, we removed two individuals that will need to be
read-off, assuming HQ DA read them on. Once you give me the green light For
Hurley, I will send him an email to have him get over there before next

Wednesday.
Thank you!

v/r
Ashden

02836559

28243

From:
Sent: Wednesday, May 30, 2012 7:39 AM
To: Fein Ashden MAJ USA JF - US)
Cc: Parra, Jairo A. CW2 USA JFHQ-

NCRIMDW SJA
Subject: RE: New Ciearance
MAJ FEIN,

The SSN for HURLEY is not coming up in JPAS, please verify his SSN.

MAJ KEMKES needs to stop by this o?Fice to get debrie?ed From SCI access(es)
held with SSO DA.

CPT BOUCHARD is not read-on.

what is a good number For you?

39 May 2612

02958758

28244

From: Fein, Ashden MAJ USA SJA
Sent: Wednesda Ma 30 2012 7:40 AM
Cc: Parra, Jairo A. CW2 USA JFHO-
SJA
subject: RE: New Clearance

Thank you. Hurley ssN:

02983761

28245

From: Whyte, Jeffrey H. CPT USA SJA
Sent: ay 30, 2012 10:04 AM

To:

Cc: Jeffrey

Subject: RE: US v. Bradiey Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

was a decision made within yesterday's deadline?

v/r?
Hunter



02833099

28246

From: David Coombs

Sent: Wednesday. May 30. 2012 11:01 AM

To: Whyte, Jeffrey H. CPT USA Hurley, Thomas MAJ USARMY

?Tooman, Joshua CPT USARMY

Cc: Fein, Ashden MAJ USA SJA

Subject: RE: Disclosure of Damage Assessment (UNCLASSIFIED)

CPT whyte,

The Government must request for a protective order from the military judge under MRE
in order to place the requested access requirement upon the damage assessment.
Please verify if the OCA is claiming a privilege or if the Government intends to seek a
protective order.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 92966

Toll Free: 1-868-588-4156

Local: (568) 689-4616

Fax: (598) 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



02965099

28247
From: Fein, Ashden MAJ USA SJA
Sent: Wednesday, May 30, 2012 11:12 AM
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA SJA:
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW whyle, Jeffrey H. CPT USA JFHQ-
von Ellen, Alexanders. CPT USA SJA

Subject: RE: Disclosure of Damage Assessment (UNCLASSIFIED)

David,

The Court's protective order, paragraph is clear on this- "If trial counsel advises
the defense counsel, in writing, that certain classified information or documents may not be
disclosed to the accused, then defense counsel shall not disclose such information or
documents to the accused without prior concurrence of the trial counsel, absent such
concurrence, approval of the Court."

we have the information ready to give to the defense, voluntarily under MRE You
may address this issue next week, if you wish; but we have it ready to send immediately in
classified discovery once we receive defense counsel's written acknowledgment.

Thank you.

v/r
Ashden

02983754



From: Whyte, Jeffrey H. CPT USA SJA
Sent: May 30, 2012 4:58 PM

To: @usitc.gov'

Subject: v. radley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

I'm sorry For writing you again, but have you heard anything about the status of your
department's decision relating to our request? I know you said you cannot provide a time
Frame, but we have a motion hearing scheduled For early next week and we were hoping to have
an answer From all agencies/departments by the end of this week.

Again, thank you For your continued support.

v/r
Hunter

02980260

28249

From: Whyie, Jeffrey H. CPT USA JFHQ-NCFUMDW SJA
Sent: 30, 2012 7:17 PM
To: @opEc.gov

Cc: ra ey, nnceton L. -SGT USA JFHQ-NCRIMDW SJA

Subject: US v. PFC Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

I am one of the prosecutors in the case of United States v. PFC Bradley Manning. A few weeks
ago, one of our paralegals, SGT Bradley, sent you the below email. Did your organization
locate any documents responsive to our request? Did your organization provide a written or
oral response to NCIX in response to its request, as memorialized below?




Good evening,
we are in the middle o? litigation, so a timely response is necessary.

Thank you For your assistance with this matter! Please let me know if you wish to discuss

Further.

v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Washington

02955373



From: Fein, Ashden MAJ USA SJA

Sent: 12 7:19 AM

To: (US)

Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. CW2 USA JFHQ-

NCRIMDW SJA
Subject: Requests
Sir,

Sorry to be inundating you with emails. Do you think you think the G2 D-G2 will be able to
approve those requests by tomorrow? Thanks!

v/r
Ashden

02833297

28251
From: Fein, Ashden MAJ USA SJA
Sent: Friday, June 01. 2012 7:36 PM 1
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Santiago,

Melissa 8 CW2 USARMY Morrow Ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-
von Elten, Alexander S. CPT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Security Expert .

Attachments: Security Expert Memodocx; Approval Defense Expert in IA Smith.pdf;
101012-Appointment of 2d Defense Security Expert Hall.pdf; 101028-Defense Request for IA
100928-Defense Request for 2d Security Expert.pdf; 100917-Appointment of
Defense Security

David,

Based on your request, we reached out to the different chains of command of the experts to
receive input, including Ms. Smith's. we have realized that each of the defense's referenced
experts were appointed approximately 1.5 years ago, and as you know were appointed as expert
consultants in their respective fields. See Requests and Appointment documents. Based on
the draft memorandum you provided, it appears that their jobs have morphed since their
original appointment as consultants.

we recommend that you turn your draft memorandum into a request to the GCMCA for
reappointment. This request should reflect the scope of the responsibilities you anticipate
these experts will provide, the reasons why these experts are necessary, an estimate of how
much time their obligation to the defense team will take, and request their position as a
defense expert consultant take priority over all other work. we will take this request to
their chains of commands, obtain approval disapproval support, and then route it to the
GCMCA for action.

Once we receive the requests, we will start routing them immediately. This should be
sufficient to ensure that the defense is receiving the proper support and the right person is
providing that support based on the scope. Additionally, we can ensure that they will not
have any difficulty with their respective chains of command by having the commands sign-off
on the reappointment. -

Please let me know if you have any questions/concerns.

V/r
Ashden

02832700
28252

From: David Coombs

Sent: Saturday. June 02, 2012 8:47 AM

To: Fein, Ashden MAJ USA SJA

cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
Von Elten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: Security Expert

Follow Up Flag: Follow up

Flag Status: Completed

Ashden,

I am not for sure what you mean by their jobs have "morphed." All of the listed duties are

implicit as their role as experts for the Defense.

Additionally, the added roles of reviewing motions and other materials for classified
information; accompanying defense counsel on witness interviews where classified information
may be discussed; accompanying defense counsel whenever required to do so in order to view
classified information provided to the defense in discovery; being present in the courtroom
during any session are requirements based upon the Government's request.

I am also not for sure what you are asking the Defense to do in this new memorandum that you
suggest we write. All I need from the convening Authority is something that will ensure Mr.
Hall and Mr. Ganiel's chain of command understand that their duties as experts for the
defense must take priority over other duties.

Although I did not ask for the Government to reach out to the chains of command for Mr. Hall,
Mr. Ganiel, and Ms. Smith what did you learn from doing so? This issue might be resolved if
you were able to successfully convey to the chains of command the importance of the Defense
experts?

duties.

Please let me know if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-866-588-4156

Local: (568) 689-4616

Fax: (598) 689-9282



Notice: This transmission, including attachments, may contain confidential
attorney?client information and is intended for the

02832700



28253

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

02832908

28254 .
From: David Coombs
Sent: Saturday, June 02, 2012 12:01 PM
To: Fein, Ashden MAJ USA SJA
Cc: Hurley, Thomas MAJ USARMY Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA
von Elten, Alexander S. CPT USA JFHQ-NCRWIDW Ford,
Arthur D. CW2 USA 'Tooman. Joshua CPT USARMY
?Santiago, Melissa 5 CW2 USARMY

Subject: RE: Government's Aggravation
Follow Up Flag: Follow up

Flag Status: Completed

Ashden,

when is the Government intending to submit your aggravation/sentencing information to the
Court and Defense? The Court needs this information in order to evaluate the substitutions
issue. Based upon your previous email, you indicated you were trying to accomplish this by
C08 Friday.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62986

Toll Free: 1-888-588-4156

Local: (568) 689-4616

Fax: (588) 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

02832691

28255
From: David Coombs
Sent: Saturday, June 02,2012 12:08 PM
To: Fein, Ashden MAJ USA SJA
Cc: Hurley, Thomas MAJ USARMY Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA
von Elten, Alexander S. CPT USA Ford,
Arthur D. CW2 USA 'Tooman, Joshua CPT USARMY
?Santiago, Melissa CW2 USARMY

Subject: State Department Witness
Follow Up Flag: Follow up

Flag Status: Completed

Ashden,

who does the Government intend to bring from the State Department? I am assuming that this
person will be knowledgeable on the topic we are addressing.

Best,
David i

David E. Coombs, Esq. i
Law Office of David E. Coombs

11 South Angell Street, #317

Providence, RI 62966

Toll Free: 1-899-588-4156

Local: (598) 689-4616

Fax: (sea) 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

02982279

28256

From: Fein, Ashden MAJ USA SJA
Sent: PM

To: omb.eop.gov

Cc: Whyie, Jeffrey H. CPT USA SJA
Subject: NCIX Information

Sir,

Good evening. I am a the lead US Army prosecutor for the Court-Martial of Private First
Class Bradley Manning in connection with "w#kileaks." The purpose of this email is to request
a copy of all documents that the OMB provided to NCIX more than one year ago, in reference to
"w#ki1eaks." Although we have been coordinating with for the past year, just in
February they determined that we cannot review copies of your organization's documents in
their possession, and we must directly go to your organization to coordinate a review.

we are requesting this information to determine if there is any information that may be
discoverable and may require production by the government. None of the information will leave
our office, unless your organization has approved its release, and it will remain classified
at all times.

we would like to review the documents from your organization as soon as possible._This short
suspense is necessary as we are currently in discovery litigation, and to allow for enough
time to coordinate with your organization, if information is discoverable. If the
information is classified, please feel free to use my SIPRNET or JNICS email addresses below
to transmit your documents. If you would like to speak with the us, please call
and if I am not available, then please call and speak with Captain Hunter

whyte (CCed). Hunter is the prosecutor responsible for damage assessments and other similar
material. This week we will be in a series of motions hearings and will likely respond back
towards the end of each day.



Thank you.
v/r
Ashden Fein

Major, US Army
Trial Counsel

02982280

28257

From: Fein, Ashden MAJ USA SJA
Sent: Sunda June 03,201210:00 PM

To: *@usTR.EoP.Gov

Cc: Whyie, Je frey H. CPT USA SJA
Subject: NCIX Information

Sir,

Good evening. I am a the lead US Army prosecutor for the Court-Martial of Private First
Class Bradley Manning in connection with "w?kileaks." The purpose of this email is to request
a copy of all documents that the Office of US Trade Representative provided to NCIX more than
one year ago, in reference to ?w#kileaks." Although we have been coordinating with
for the past year, just in February they determined that we cannot review copies of your
organization's documents in their possession, and we must directly go to your organization to
coordinate a review.

we are requesting this information to determine if there is any information that may be
discoverable and may require production by the government. None of the information will leave
our office, unless your organization has approved its release, and it will remain classified
at all times.

we would like to review the documents from your organization as soon as possible. This short
suspense is necessary as we are currently in discovery litigation, and to allow for enough
time to coordinate with your organization, if information is discoverable. If the
information is classified, please feel free to use my SIPRNET or JNICS email addresses below
to transmit your documents. If you would like to speak with the us, please call at
2 and if I am not available, then please call - and speak with Captain Hunter
whyte (cced). Hunter is the prosecutor responsible for damage assessments and other similar
material. This week we will be in a series of motions hearings and will likely respond back
towards the end of each day.

Thank you.

v/r

Ashden Fein
Major, US Army
Trial Counsel

02982281

28258

From: Fein, Ashden MAJ USA SJA
Sent: Sunda June 03, 2012 10:00 PM

To: @cea.eop.gov

Cc: Whyte, Jeffrey H. CPT USA SJA
Subject: NCIX Information

Ma?am,

Good evening. I am a the lead US Army prosecutor for the Court-Martial of Private First
Class Bradley Manning in connection with "w?kileaks." The purpose of this email is to request
a copy of all documents that the Council on Economic Advisors provided to NCIX more than one
year ago, in reference to "w#kileaks." Although we have been coordinating with for
the past year, just in February they determined that we cannot review copies of your
organization's documents in their possession, and we must directly go to your organization to
coordinate a review.

we are requesting this information to determine if there is any information that may be
discoverable and may require production by the government. None of the information will leave
our office, unless your organization has approved its release, and it will remain classified
at all times.

we would like to review the documents from your organization as soon as possible. This short
suspense is necessary as we are currently in discovery litigation, and to allow for enough
time to coordinate with your organization, if information is discoverable. If the
information is classified, please feel free to use my SIPRNET or JWICS email addresses below
to transmit your documents. If you would like to speak with the us, please call at

2 and if I am not available, then please call and speak with Captain Hunter
whyte (CCed). Hunter is the prosecutor responsible for damage assessments and other similar
material. This week we will be in a series of motions hearings and will likely respond back
towards the end of each day.

Thank you.

v/r

Ashden Fein
Major, US Army
Trial Counsel

UZBZUUD3

28259

From: ?@0stp-eop-gov]

Sent: Friday. June 01, 2012 1:12 PM

To: -NCRIMDW SJA
Cc:

Subject: FW: Points of Contact (US v. Manning)

Dear Major Fein,

I am 0STP's POC For legal issues related to this case. Please let me know if you have
questions or require Further information.

OFFice of Science and Technology Policy
Executive office of the President

UZUJGZDU

28260
From: Fein, Ashden MAJ USA SJA
Sent: Monday, June 04, 2012 11:08 PM
To: ?David Coombs'
Cc: Hurley, Thomas MAJ USARMY ?Tooman, Joshua CPT USARMY ?Santiago,

Melissa 8 CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
von Elten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: Updates

David,

1. Based on receiving CPT Tooman's acknowledgment on 1 June 2612 and the prosecution
receiving all defense counsel acknowledgments, we produced in classified discovery the
Department of Energy damage assessment (BATES: Today, we sent a copy to
NNC to be ready for your review when you return (Tracking: 7936 3594 2626). Additionally,
we can deliver a second copy to the Fort Meade TDS office tomorrow, or wait to deliver the
second copy to Fort Myer after this week's motions hearing. Please let us know which the
defense would prefer.

2. Based on your previous question for us to give you an update on CW2 Santiago's
replacement, it is our understanding that this is being coordinated through TDS channels.

MDN was informed that the Chief, TDS coordinated directly or indirectly with you for
personnel issues concerning the defense. After confirming with the Chief warrant Officer of
the Corps, it is our understanding that all future personnel requests for any personnel, will
be handled through TDS channels.

3. CW2 Ford and Mr. Boardman will meet the defense outside the Courthouse at 6936 hours
tomorrow morning with the Department of State damage assessment, as per our scheduled time.
Please let us know the next time any defense team member would like to review the material
again.

4. As for your defense experts the command is fully committed to providing the defense
adequate support based on the defense's needs; however as in every jurisdiction, the defense
is required to request expert support from the government. The original appointment was for
experts to fulfill the duties the defense requested and that is was the basis for the current
experts appointments more than one year ago. There is no question that, except for
testifying as expert witnesses, the duties listed in the your proposed memorandum are
reflected in the Court's orders and other requirements for properly handling classified
information; however the government cannot estimate the amount of time required to accomplish
these tasks. As previously stated, if the defense wants the Convening Authority to require
your experts to prioritize consulting on the defense team over all other duties, then the
Convening Authority needs a request which asks the Convening Authority to do so and provide
reasons and a basis for your request. A persuasive reason would likely be the extent of their
duties and the time commitment involved. The original Requests, which authorized their detail
to the defense as mere consultants, did not contemplate how time?consuming your experts? work
is, and no one knows how time?consuming your experts? work is but you and your experts.
Submitting this request is also a good way to ensure that you have the appropriate experts on
your team, those who can give you the requisite time whenever you need them. Finally,

this request can be used by the Convening Authority to ensure the leadership of your experts,

which work outside the command of the Convening Authority, also adopt the expert appointment
over all other duties precedence. In order to best effect what the defense is seeking, we
recommend submitting this request, which we will immediately forward to the defense experts
chains of command, and then to our Convening Authority for action.

1

v/r?
Ashden

28261



28262

From: Fein, Ashden MAJ USA SJA

Sent: Monda June 04 2012 11:13. PM

To:

Cc: Ford, Arthur D. CW2 USA Overgaard, Angel M. CPT USA JFHQ-

SJA
Suhmct Apmovms

Sir? any luck with the G2 approvals? It would be good if we can get it by COB tomorrow so
we can turn the drives over.


v/r?
Ashden



28263

From: (us) _@maif.mil]
Sent: Tuesday, June 05. 2012 7:58 AM

To: Fein, Ashden MAJ USA SJA

Suopct

C1assiFication: UNCLASSIFIED
Caveats: NONE

Sorry, Got it signed last week. I will the Front page o? both ?or you
today.



OF?ice o? the Judge Advocate General of the Army, Pentagon 3D548
NIPR: ai1.mi1

SIPR: A?S.army.smi1.mi1

JHICS:

Tel:







From: David Coombs

Sent: Tuesday, June 05, 2012 8:03 AM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,

Melissa 8 CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA
von Elten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Updates

Ashden,

1. Please deliver the second copy to Fort Myer after this week. In general, does this CD
just contain the one classified damage assessment, or does it contain other damage
assessments? If so, please provide the BATES number range of what is on the CD and its
general content.

2. I will reach out to TDS to confirm that they are tracking on this issue.
It may still be that the Government needs to obtain a warrant and assign him or her to TDS as
they did with Chief Santiago.

3. Looking forward to some light reading.

4. I disagree. The duties listed in the proposed_memorandum are reflected in the Court's
orders and the Convening Authority's original appointment of these individuals as members of
the defense team. Please have the proposed memorandum signed by the Convening Authority. If
you will not do this, please inform me of this fact, and your basis so that it can be raised
in a motion for appropriate relief.

If we do need to litigate the issue, then in the interim, as the Court directed, please
appoint an additional security expert to the Defense team.

we will need someone that can be on call whenever we need to interview a witness or inspect
classified information (when having such a person present

is a requirement by the Government).

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

Toll Free: 1-898-588-4156

Local: (598) 689-4616

Fax: (598) 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



640/0

28265
From: David Coombs I
Sent: Monday, June 11, 2012 4:41 PM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

Cc: Huriey, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY 'GanieI,
Charles CIV
Subject: Unclassified Versions of Damage Assessments
Ashden,

In order to facilitate its handling and use during any judicial proceeding, the Defense
requests that the Government provide an unclassified (sanitized) version of the following
damage assessments:

1) Department of State damage assessment;

2) damage assessment;

3) ONCIX damage assessment;

4) Department of Homeland Security damage assessment;

5) FBI Impact Statement; and

6) Any classified assessment by one of the 63 agencies; and

CIA damage assessment.

If the Government is aware of other damage assessments that have not been revealed to the
Defense due to coordinating with the relevant OCA, the Defense requests that the Government
prepare an unclassified version of these damage assessments as well.

Please let me know if you have any questions or concerns.

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317



02832676 . 28266

Providence, RI 92906
Toll Free: 1-860-588-4156
Local: (598) 689-4616

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

02969770
28267

From: Fein, Ashden MAJ USA SJA
Sent: Thursda June 14 2012 2:24 PM

To:

Subject: chat today

are you available For? a quick phone chat? If so, can you email me and I will call. My

phone and 1975 are not working.

Thanks.

Ashden

02832636



From: David Coombs
Sent: Friday, June 15, 2012 5:44 PM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: Update
Ashden,

Please provide feedback on the following:

1) Article 39(a): Please have PFC Manning at the courthouse at 9999 on 25 June. I want to
be able to go over some documentation with him.

2) Case Calendar: Are you planning on submitting a case calendar or commenting on the
calendar the Defense submitted on Monday? If so, when?

3) Motions: when is the Government filing its Due Diligence response motion and its
targeted brief on damage?

4) sanitized Versions: Do you have an update on being able to provide unclassified versions
of the various damage assessments?

S) Department of Homeland Security Damage Assessment: Have you sent this to the

6) Redactions: Are you still planning on submitting your response tomorrow or did you
mean today?

7) Replacement for Santiago: TDS does not have the ability to provide a replacement warrant
officer for CH2 Santiago. Can the Government provide a suitable replacement?

Best,

David

02832636 28269

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 92966

Toll Free: 1-869-588-4156
Local: (568) 689-4616

Fax: (568) 689-9282 1




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



02833283
28270

From: Fein, Ashden MAJ USA SJA

Sent: Friday, June 15, 2012 6:12 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,
Melissa CW2 Morrow Ill, JoDean. CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA
von Elten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: Update

David,

Below is an update on your questions and other issues.
1. Article 39(a). we will have PFC Manning at the courthouse at 6966 on 25 June.

2. Case Calendar. we intend to submit a case calendar update on Thursday with our other
filings.

3. Motions. we intend to submit our two filings on Thursday, as per our discussion last
week.

4. Sanitized Versions of Damage Assessments. we have provided the defense all the
damage/impact assessments that exist within each agency or organization. The government did
not produce unclassified versions of the damage assessments for the ones that are classified
and which have been produced; therefore, there are no unclassified or sanitized versions to
provide.

5. Department of Homeland Security Damage Assessment. As stated on Friday, we sent the
request earlier this week and received it on wednesday. Additionally, Santiago
signed for a copy on wednesday. I apologize for not notifying you sooner of the tracking
number or confirmed delivery.

6. Redactions. we will file with the Court tonight and we do not intend to request
protective orders.

7. Replacement for Santiago. As previously stated, was informed that the Chief, TDS
coordinated directly or indirectly with you for personnel issues concerning the defense.
After confirming with the Chief warrant Officer of the Corps, it is our understanding that
all future personnel requests for any personnel, will be handled through TDS channels.
Please address any personnel issues through the military defense counsel and their RDC.

8. Defense Expert Request. we have not resolved the issue of the defense requesting that
your experts have their time dedicated primarily to the defense. Does the defense intend to
request this? without a request which outlines the anticipated scope of their additional
duties (which is already written in your proposed memo) and an estimate of the total time you
anticipate you will need their services, we cannot go to their leadership and the convening
authority for approval. The leaders must know how much time you anticipate will be needed
and to what extent, so they can make informed decisions. Once we receive a request, we will
immediately take the request to your experts? leadership and the convening authority for
action.

Have a good weekend.



02833283

28271


Ashden



From: David Coombs

Sent: Friday, June 15, 2012 6:31 PM

To: Fein, Ashden MAJ USA SJA

Cc: Huriey, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY 'Santiago,

Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-
von Eiten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: Update
Follow Up Flag: Follow up
Flag Status: Completed
Ashden,

1) Thank you.
2) why do you feel that Thursday is the agreed upon date for the case calendar?

3) Same as #2 - I don't recall any discussion that Thursday was the timeline for this issue.
Not only would this give no time for the Defense to reply, it also does not provide the Court
with time to consider the motions prior to the Article 39(a).

4) The Defense is requesting that the various agencies produce an unclassified version of
their damage assessments. According to the defense security experts, this is not an unusual
request.

5) Not a problem. Thank you.
6) Thank you.

7) As stated, TDS cannot provide a replacement warrant officer. I am requesting that the
Government provide a replacement for CW2 Santiago.
Please inform me if the Government's position is that it will not do so.

8) The Defense does not believe that any additional request detailing scope of work or
timing commitments is necessary. If you disagree, as per our discussion with COL Lind,
please provide an additional security expert to be available when our defense experts are
not.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 92906

Toll Free: 1-800-588-4156

Local: (568) 689-4616

Fax: (508) 689-9282





02832650 28273

Notice: This transmission, including attachments, may contain confidential

attorney?c1ient 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





02952833
28274

From: . Fein, Ashden MAJ USA SJA
Sent: Monda June 18 201210245 AM
To:
Sumem: tmmy
?Gents,

Are we still on For 2pm today? Are you available to chat about today's meeting? Thanks.



02827571
28275

From: ?@state.gov1 .
Sent: Monday, June 18, 2012 10:52 AM
To: Fein, Ashden MAJ USA JFHQ-NCRIMDW

Subject: RE: today

we are on. You?11 r-obably want to chat with gov me, a_s -has been crushed with
other matters. i

02808683 28276

From:

Sent: Monday, June 18, 2012 4:31 PM

To: Fein, Ashden MAJ USA SJA

Subject: pickup time?

Ashden,

what time do you guys want me to stop by tomorrow? Also, I can?t promise the parking will be
goodm but I did put in the request For a temporary parking authorization. If you guys
actually have reserved spots For a govt vehicle and would rather do that, that's Fine, toom

See you then,

?Joint Support Branch (DXI-SD)



02812264
28277

From: Ford, Arthur D. CW2 USA SJA
Sent: Monday, June 18. 2012 5:21 PM

To: SA SJA
Cc:

Subject: Meeting tomorrow (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

called, and wants to move tomorrow?s meeting to either 1190 or 1300. His
number is-. Thanks.

Chief


Arthur Ford
CW2, JA

Legal Administrator

Classification: UNCLASSIFIED
Caveats: NONE

02833273 - 28278
From: Fein, Ashden MAJ USA SJA
Sent: Monday, June 18, 2012 9:30 PM
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyie, _Jeffrey H. CPT USA JFHQ-
NCRIMDW von Ellen. Alexanders. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: Update

David,
1. Case Calendar. OBE w/ the Court.
2. Motions. OBE w/ the Court.

3. Unclassified Assessments. If the defense is requesting information in discovery, then
please provide a discovery request with the proper authority. we have provided (or are
working to provide) the defense all the damage/impact assessments that exist within each
agency or organization. The government did not produce unclassified versions of the damage
assessments for the ones that are classified and which have been produced; therefore, there
are no unclassified or sanitized versions to provide.

4. CH2 Santiago's Replacement. Although we are standing by to assist, MON will not provide

assistance, unless we receive different guidance from the Chief, TDS, because IDS is the lead
for all defense personnel issues. As previously stated, please address any personnel issues

through the military defense counsel and their RDC.

5. Defense Security Experts. As the prosecution, we are not situated to estimate how the
defense intends to employ their experts (scope) and how much time that employment might take
(cost of employment); therefore since 39 May 12, we have asked the defense to submit a
request. On 36 May 12, the defense did not submit a request, but-rather a proposed
memorandum for the to order your experts duties take precedence over their normal
duties. we are standing by to assist the defense with any challenges you may have with
security experts; however the convening authority will not act on expert issues without a
defense request, especially considering the defense is requesting government employees
perform their duties as a top priority and/or another expert be detailed to the defense. IAN
with RCM 7e3(d), for either of your requests, please "submit a request to the convening
authority to authorize the employment and to fix the compensation for the expert." Please
include "a complete statement of reasons why employment of the expert is necessary and the
estimated cost of employment." Once we receive an adequate request, we will act immediately
on the request, by coordinating through your experts? leadership to provide their input and
the defense's request to the appropriate convening authority for action.

v/r
Ashden

02832646 28279

From: David Coombs

Sent: Monday, June 18, 2012 9:42 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,

Melissa 8 CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyie. Jeffrey H. CPT USA JFHQ-
von Etten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: Update

Ashden,
1 and 2: we will wait for guidance from COL Lind;

3. This is not a discovery request, we are simply asking for an unclassified version of the
various damage assessments. Again, this is not an unusual request. Please submit our
request to the various organizations so that they can produce an unclassified version of the
damage assessments;

4. Is this the position of the

5. Please appoint an additional security expert to be on standby for when the Defense needs
to review damage assessments.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 32986

Toll Free: 1-896-588-4156

Local: (568) 689-4616

Fax: (568) 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



02954319



From: Fein, Ashden MAJ USA SJA

Sent: Tuesda June 19 2012 9:54 AM

To:

Cc: Whyte, Jeffrey H. CPT USA SJA
Sumea: SVTC

Sir,

Good morning. I apologize For not getting back to you sooner. As per our discussion last
week, are you available later this week For a As of now, we are Free all day Thursday
and should be able to obtain access to a SVTC anytime on Thursday.

Thanks.

v/r
Ashden

28281







02954317
From: Fein, Ashden MAJ USA SJA
Sent: Tuesda June 19 2012 11:03 AM
To:
Cc: Why1e, Jeffrey H. CPT USA

DIA USCENTCOM

Subject: RE: SVTC

Thank you. Thursday morning works For us. we can be at the DIAC anytime to jump
on the TB. I propose but we are VERY Flexible.

could you please send us your contact info so we can chat on the

telephone, secure or unsecure? Thank you.

v/r?
Ashden

28282
02827145

From: _@dodiis.miI1

Sent: Tuesday, June 19, 2012 2:34 PM
To: Fein, Ashden MAJ USA SJA
Subject: RE: Newest Filing and Proposed Way Forward

I have reviewed the attached document. DIA has no issue with the document
and identified no classified information in the document.

(leave) and?(TDY) are out of the office until next week. I'm
responding in their absence.

28283

02833277

From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, June 19, 2012 8:39 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.
Melissa CW2 USARMY Morrow JoDean, CPT USA SJA:
Overgaard_ Angel M. CPT USA SJA: Whyte, Jeffrey H. CPT USA JFHQ-
von Elten. Alexanders. CPT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Update

David,

1. For the unclassified damage assessment, we will forward your request to each agency.

2. CW2 Santiago's replacement. The OSJA, MDN is standing by to assist; however based on the
Chief, TDS's guidance, TDS is the lead for all personnel issues. Please continue to address
any personnel issues through the military defense counsel and their RDC. Based on
information we have, it is our understanding that a SFC is in?bound to assist the defense.

3. Security Expert. Once we receive an adequate request, we will act immediately on the
request to either obtain an additional expert or coordinate through your current experts?
leadership to provide their input to the appropriate convening authority for action. Please
see below for a further explanation.

V/r
Ashden

02332541 23284

From: David Coombs

Sent: Wednesday, June 20. 2012 7:17 AM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.

Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
Von Elten, Alexander S. CPT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Update

Ashden,

1. Thank you.

2. Is this the position of the
3. See below.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs
11.South Angell Street, #317
Providence, RI 62966

Toll Free: 1-806-588-4156

Local: (508) 689-4616

Fax: (568) 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



28285

02954306
From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Wednesda June 20 2012 7:53 AM
To:
Subhct RE SVTC

Sir, I will call at 6936. Thank you.

Message?-?--

From: Futch, Joseph Mr CIV DIA USCENTCOM ccJ2-x

Sent: wednesday, June 20, 2012 7:48 AM
To: Fein, Ashden USA SJA
Subject: RE: SVTC

6930 would be best, if you can do it then. I have an internal staff meeting at 9960 and will
be involved with the ongoing ww ConFenence at 1160.

will that work? If so my SVOIP is?

Thanks

JRF

02971783

From:
Sent
To:



Cc:

Subject:

David,

v/r
Ashden

we do not have an answer from the relevant government agencies/departments. Once we do
within the timeframe of the Court's order, we will send you an answer.

Fein, Ashden MAJ USA SJA

Thursday, June 21,2012 5:57 PM

David Coombs; Overgaard, Angel M. CPT USA Morrow Ill, JoDean,
CPT USA JFHQ-NCRIMDW SJA

Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Whyie,
Jeffrey H. CPT USA von Elten, Alexander S. CPT USA JFHQ-NCR
Ford, Arthur D. CW2 USA SJA

RE: 18 June Motion









28287
02962366

From: Fein, Ashden MAJ USA SJA

Sent:
To:

Frida June 22 2012 9:20 PM
USARMY (US
Cc: USARMY USA

Morrow .JoDean_ CPT USA Whyte, Jeffrey H. CPT USA JFHQ-





SJA
Subject: Immediate: US v. PFC Manning Discovery
hnponance:




Good evenin8-




Are you available this weekend to discuss?

v/r?
Ashden
3 2





28288

02965005

From: Fein, Ashden MAJ USA SJA

Sent: Monday, June 25, 2012 8:37 AM

To:

Cc: Morrow HI, JoDean, CPT USA
SJA: Overgaard, Angel M. CPT USA Whyie,
Jeffrey H. CPT USA von Elten, Alexander S. CPT USA JFHQ-NCR
SJA

Subject: RE: Discovery

Sir,

Thank you. we currently have a meeting with?schedu1ed for? 1466 at the DIAC. How
is 1566?

v/r?
MAJ Fein

028271 75

28289

From:
Sent:
To:
Cc:

Subject:

OK.-

@dodiis.mi|]
Monday, June 25, 2012 8:38 AM
Fein. Ashden MAJ USA SJA
Morrow I_il, JoDean. CPT USA

Overgaard, Angel M. CPT USA Whyte,
Jeffrey H. CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA JFHQ-NCR
SJA

RE: Discovery

Defense Intelligence Agency

02933114 28290

From: Whyie, Jeffrey H. CPT USA SJA
Sent: 25, 2012 11:08 AM

To: us?egov

Subject: RE: US v. PFC Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Did you speak with at NCIX yet? IF not, I'll send him a reminder to give you a
call.

Thanks,
Hunter



7 28291
02833041

From: David Coombs

Sent: Tuesday, June 26, 2012 2:00 PM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA .JFHQ-

. Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

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

Subject: Discovery Request

Attachments: Discovery Request - 26 Jun 12.pdf

Ashden,

Please find the attached discovery request.

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 82906

Toll Free: 1-809-588-4156
Local: (508) 689-4616

Fax: (508) 689-9282 A




Notice: This transmission, including attachments, may contain confidential
attorney?c1ient 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

28292
02983278

From: Whyte, Jeffrey H. CPT USA SJA

Sent: Tuesda June 26. 2012 5:05 PM

To: @sba.gov'

Cc: Bradley, Princeton L. SGT USA JFHQ-NCRIMDW SJA

Subject: us v. PFC Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats I NONE

Sir,

I am one oF the prosecutors in the above?captioned courts?martia1. Can you please provide a
response to our below request? Did your organization provide a response to NCIX, either in
writing or orally?

Thank you!

v/r

3. Hunter whyte

CPT, JA

Trial Counsel
United States Army Military District of Washington



28293

02983275

From: Whyte, Jeffrey H. CPT us/4. JFHQ-NCIDRIMDW SJA
Sent: Tuesda June 26, 2012 5:10 PM

To: *@fmc.gov'

Cc: ra ey, nnceton L. SGT USA SJA
Subject: US v. PFC Bradley Manning (UNCLASSIFIED)
Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

I am one of the prosecutors in the above?captioned courts?martia1. Can you please provide a
response to our below request? Did your organization provide a response to NCIX, either in
writing or orally?

Thank you!

v/r

3. Hunter whyte.

cpr, JA

Trial Counsel

United States Army Military District of Washington



02964607

28294

From:
Sent
To:
Cc:

Subject:

hnponance:



Good morning.

Fein, Ashden MAJ USA SJA

Wednesda . June 27, 2012 7:00 AM
Diefenbach, Katherine M. CPT USA

Morrow m, JoDean, cm USA
vergaar nge

JFHQ-NCRIMDW von Elten, Alexander S. CPT USA
SJA: Whyte, Jeffrey H. CPT USA SJA
Document Review





Could you please coordinate For us to start document review of the most recent
material starting tomorrow morning at 8:06am?

in (Thu Fri) and hopefully ?inish by Friday.

we would like to plan on putting two Full days
Knowing there are only two computers, I plan

on having three of us show up tomorrow morning and then I will likely leave after we start

the review.

we will have to come back to complete our overall Brady search- the Focus in the

next two days will be on the material that is part of the Court's order.

Thanks!

Ashden

28295
02827745

From: ?@state.gov1



Sent: Wednesday. June 27. 2012 3:39 PM

To: Fein. Ashden MAJ USA SJA
Cc:

Subject: RE: Document Review

Ashden Please come to 515 22nd Street NW. One of my staff assistants,
will be here to escort you in to the area where the documents and computers are. You can
give her name and number to the guard; he?ll call her at?. will all five on the list
be coming? can ive the guard their information so we can expedite clearing you in
to the building. and are our document czarinas and ?and
her IT colleagues will get you onto the system. we look forward to seeing you tomorrow.
Please let me know if you have any questions. Thanks!-




-Office of Information Programs and Services
Room 5673,

U.S. Department of State

Washington, DC 29528

Direct:

Mobile:



Email:

SBU

This email is UNCLASSIFIED.

28296

02833055

From: David Coombs

Sent: Wednesday, June 27, 2012 4:01 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard,
Angel M. CPT USA Morrow Ill, JoDean, CPT USA
Whyte, Jeffrey H. CPT USA von Elten, Alexander S. CPT USA
Ford, Arthur D. CW2 USA SJA

Subject: RE: Discovery Clarification

Ashden,

1. Just to be 196% clear, we are reterring to DIA, DISA, CENTCOM, SOUTHCOM, CYBERCOM, HQDA
and any other documents that are within the possession, custody and control of military
authorities.

2. "For files under the possession, custody, or control of military authorities, the
prosecution will seek out, identify, and disclose such files regarding the accused that
involve investigation, damage assessment, or mitigation measures. Additionally, For Files
pertaining to the accused within the possession, custody, or control of military authorities
that the Government is aware of and has searched For Brady material, the trial counsel will
turn over to the defense any intormation that is obviously material to the preparation of the
defense." I'm still not sure if we are saying the same thing. Again, just to be clear,
three things:

a) You say that the prosecution will "seek out, identify and disclose such Files regarding
the accused that involve investigation, damage assessment or mitigation measures" again,
this applies to things you have already reviewed, not just those things you will "seek out".

b) the additional documents (aside from investigations, damage assessments and mitigation
measures) do not need to be "tiles pertaining to the accused"

(though oFtentimes they will be). They simply have to be files that are material, as in
he1pFul, to the preparation of the defense;

c) the order is not limited to Files_that the Government has searched for Brady. It applies
to all Files that the Government has already looked at or will look at, in any capacity.

3. There seems to be some inconsistency based on what you said in (2).
IF you could get back to me to ensure that we are 166% on the same page, that would be great.

Best,
David

David E. Coombs, Esq.

Law 0?Fice of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

Toll Free: 1-866-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282





02833055 28297

Notice: This transmission, including attachments, may contain confidential

attorney?c1ient 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



28298







02964599

From: Fein, Ashden MAJ USA SJA
Sent: Wednesda . June 27, 2012 4:11 PM

To:

Cc:

Subject: RE: Document Review





Thank you! will there be two or three computers available? If we can have three, then we
would likely have three attorneys reviewing with the hope of starting and finishing this week
without a?terhours or weekend work. At most and as of now, only four of us will be there
tomorrow? Ashden Fein, Angel Overgaard, J. Hunter whyte, and Alec vonE1ten. I will need to
leave aFter we start, and all three will stay (depending on the number 0? computers).

Thank you again!

V/r
Ashden



02964870

From: Fein, Ashden MAJ USA SJA

Sent: Wednesday. June 27, 2012 5:47 PM

To: David Coombs

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

Angel M. CPT USA Morrow JoDean, CPT USA
Whyte, Jeffrey H. CPT USA von Elten, Alexander S. CPT USA
JFHQ-NCRWIDW Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Discovery Clarification

David,

The following is in response to your email below:
1. The prosecution agrees.

The prosecution agrees.

The Court's rulings are clear to us. Per the Court's ruling, ?for files pertaining to
the accused within the possession, custody, or control of military authorities that the
Government is aware of and has searched for Brady material, the trial counsel will turn over
to the defense any information that is obviously material to the preparation of the defense.?
Additionally, per the Court's Clarification of its Ruling, the prosecution "in reviewing
files subject to RCM 7B1(a)(2) will provide the defense any information beyond the
investigation, damage, and mitigation measures that are obviously relevant and helpful to the
defense."

The prosecution agrees.

3. The Order applies to files the prosecution has previously reviewed and files the
prosecution will review.

V/r
Ashden

02964609



From: Fein, Ashden MAJ USA SJA

Sent: Sunday. July 01. 2012 1:14 PM

To:

Cc: Morrow Ill, JODean, CPT USA Overgaard, Angel M. CPT USA

Whyte, Jeffrey H. CPT USA von Elten,
Alexander S. CPT USA SJA
Subject: Document Review

31?

The prosecution spent all day Thursday and Friday at State reviewing documents, responsive to
the original tasker (prudential search and preservation) and the Court's order. The
accommodations were incredible, the systems worked great, and everyone was very helpful! we
finished going through all the documents, except the following three categories:
approximately 200 cables from the original tasker, certain documents that are captioned for
the Secretary and were not available, and whatever documents that still have not been copied
from INR relevant to item #7 on the Court's order. we are spending this weekend writing the
motion which is due on 9 July. Hopefully, we will be able to finish our review of the
remaining documents in 1 day to complete the review by Thursday, 5 July. That date will give
us enough time to discuss with and any others the way forward and what documents we
identified as likely discoverable and how to best protect the information for Monday's
filing.

Thank yout

V/r
Ashden

02956521

28301

From:
Sent:
To:

Cc:

Subject:

Importance:







USARMY 2

USARMY
USARMY
@maiI.com;

@mail.rni|;
us.army.miI;


mail.com

USA Hughes, Brian A. LTC USA JFHQ-NCR





USARMY us
USARMY (US):
USARMY USA MIL (US):
Bradley, Princeton L. SGT USA JFHQ-NCRIMDW Ford.
Arthur D. CW2 USA DW Parra, Jairo A. CW2 USA
Waybright, Daniel W. SGT USA Diefenbach, Katherine M. CPT
USA Morrow JoDean, CPT USA
SJA: Overgaard, Angel M. CPT USA SJA: Von Elten.
Alexander S. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
SJA

Prosecution Thank You!

High

The prosecution team sincerely thanks each of you For your assistance this weekend! Each oF
you worked a total of 17 hours on Saturday and Sunday and collectively reviewed 27,602

documents.
service!

v/r

MAJ Fein

On behalf of the entire team- Thank you For the hard work and your selfless

9.-



28302
02952208

From: Fein, Ashden MAJ USA SJA

Sent: Monday, July 02, 2012 8:15 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY ?Tooman, Joshua CPT USARMY Morrow Ill,
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
Whyie, Jeffrey H. CPT USA von Elten, Alexander
S. CPT USA Ford, Anhur D. CW2 USA SJA

I)
Sumea: me
David,

1. w!k!le@ks Task Force Report. The authorized substitution of the w!k!le@ks Task Force
Report is available for defense inspection, so long as a defense expert is present. with
reasonable notice, the prosecution will make the report available at a pre-coordinated SCIF
at Fort Belvoir, VA for any defense counsel to view. Please notify the prosecution when
defense counsel would like to view the document and we will immediately coordinate.
Additionally, the defense security expert should bring his courier card and the appropriate
security bag, if anyone intends to take notes. The majority of the notes will have to be
secured in a SCIF with your security expert.

2. Defense Discovery Request. we anticipate having a response back to the defense tomorrow.

3. Unclassified Versions of Damage Assessments. we are still working on coordinating with
OCAs to determine whether they will produce unclassified versions of the damage assessments.

4. Government Filings via SIPR. we are still processing the defense?s request.

5. Safes Move. when does MAJ Hurley and CPT Tooman expect to be settled in their offices,
so that we may move the safes? Also, we will need each of their security managers names and
contact information in order to coordinate proper storage and use of the facilities for
classified information.

6. Courier Cards. If MAJ Hurley or CPT Tooman require courier cards, then please have a
military defense counsel submit a request to the convening authority, similar to the previous
defense request.

7. Meeting with Accused. when would the defense like your client brought to Fort Meade for
the next session?

8. Defense Attachment. Fort Belvoir was essentially shut down today based on the weather.
we will contact COL Lind tonight to see if she will be in her office tomorrow, so that we may
deliver 06124331. In the future, please have a military defense counsel (in person,
once they receive their safes) or a defense security expert (via SIPR or in person) submit
classified documents to the Court, as per the protective order, especially since one of each
are now co-located at Fort Belvoir with COL Lind.

Thank you.

v/r
Ashden

02982752



From: Fein, Ashden MAJ USA SJA
Sent: Thursda Jul 05 2012 8:51 AM

To:

Cc: Whyte, Jeffrey H. CPT USA SJA
Subject: Discovery (US v. Manning)

Good morning. As you might remember, I am the lead trial counsel For the court-martial o?
PFC Manning we received some information ?rom NGA as part of our prudential
search and preservation request and we have finally reviewed the material. Are you available
later today or tomorrow to discuss these 14 documents (in general) and our discovery
obligations?

Thank you!

v/r
Ashden

02827167



From: @d?dii5-m?]

Sent: . Thursday, July 05, 2012 3:04 PM
To: Fein, Ashden MAJ USA SJA
Subject: RE: Documents

Ashden, Just talked with -who is working at an alternate location.
Please check your SIPR and JNICS accounts and respond to -, if possible.

28305
02983841

From: Whyte, Jeffrey H. CPT USA SJA

Sent: Frida Jul 06 2012 2:22 PM

To:

Cc: Onow, Barry radley. Princeton L. SGT USA SJA

Subject: US v. Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

we still have not received the document referenced below. Please send the document to the
Tollowing email address (depending on its classification):



I

Please let me know when this will be done, so we can keep moving forward. Thank you!
v/r

3. Hunter whyte

CPT, JA

Trial Counsel

United States Army Military District of Nashington

28306

02983325
I

From: Whyte, Jeffrey H. CPT USA SJA
Sent: Fn'da ,Jul 06, 2012 3:16 PM

To: sbagov'

Cc: Bradley, Princeton L. SGT USA SJA
Subject: US v. PFC Bradley Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

v/r

3. Hunter whyte
CPT, JA
Trial Counsel

Thank you, Sir..

I am one o? the prosecutors in the above-captioned court-martial. Can you please respond to
our below inquiry For documents your organizations may have provided to the National
Counterintelligence Executive? This is a time-sensitive matter.

If you need to discuss further, you can reach me at

United States Army Military District of Washington

28307

02832653
From: David Coombs
Sent: Friday, July 06,2012 5:15 PM
To: Fein, Ashden MAJ USA SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Morrow

JoDean, CPT USA Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA von Elten, Alexander
S. CPT USA Ford, Arthur D. CW2 USA Hall,
Cassius CIV 'Ganiel, Charles Prather, Jay CIV (US)

Subject: Update

Ashden,
1) Bates# 96449493-64. I received the Fed-Ex.

2) Classified Documents: I have not received notice yet from NWC of receipt, but will let
you know when I do. with regards to the other CD, please hold onto this information until
MAJ Hurley can coordinate with you to have the Myer safe moved to his office. If we are not
able to resolve the issue before the 16th, please deliver a copy to us on that date for
storage at Fort Meade.

3) Safe Move: MAJ Hurley will provide you with the name of his security manager and contact
information in order to coordinate proper storage and use of the facilities for classified
information. I am hoping that this is something that can be accomplished ASAP so that the
safe can be moved to his

office. Once the safe is moved to MAJ Hurley's office, all future

discovery should be submitted to MAJ Hurley and myself.

4) wL Task Force Report: The Defense would like to review this document

during our Article 39(a) on 16-20 July. The Defense security experts will be present. Our
security expert will bring his courier card and the appropriate security bag for any notes
that are taken. Our intent is to store notes either at Fort Meade or at MAJ Hurley's office
once he has a safe. I did not understand your statement "the majority of the notes will have
to be secured in a SCIF with your security expert." Is due to the classification of the
document or is there another reason for this?

5) DIA - DOS Damage Assessment: The Defense would like to review the Court's copy of this
documentation during our Article 39(a) on 16-26 July.

The Defense security experts will be present and we agree to have Mr.

Prather present anytime we are reviewing the DIA damage assessment.

6) Unclassified Versions of Damage Assessments: I understand that you are still working on
coordinating with 0CAs to determine whether they will produce unclassified versions of the
damage assessments. Please keep me posted.

7) Government Filings via SIPR: I understand that you are still processing the issue raised
by the Defense's security experts.

8) Courier Cards: MAJ Hurley is receiving a courier card as part of his inprocessing. CPT
Tooman is in the process of obtaining a courier card. If either needs assistance, I will
request that they contact you.

9) Meeting with PFC BM: we do not need to see PFC BM in advance of our Article 39(a).
However, if the 39(a) session ends on Tuesday or Wednesday, we will still want to meet with
him on each day of that week through Friday.



02832653 23303

For any day that we do not have a court session, we would like to have PFC BM brought to the
Fort Meade TDS office at 0906.

16) Defense Classified Attachment: I apologize for the confusion on the Defense classified
attachment, and appreciate your assistance in providing the document to COL Lind. I went to
the NNC yesterday to review some documentation, and realized that the classified document was
essentially the same as the unclassified document. If only I had approval to have a SCIF in
my office, we could have avoided the pain of delivering the document. Once Hurley and
CPT Tooman have courier cards, I agree that we should not need the Government's assistance in
submitting classified documents to the Court. However, I would like to make sure that when
the safe is moved to MAJ Hurley's office, that we also give him the classified printer in
order to print any needed document.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

Toll Free: 1-806-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



28309
02981814

From: Bradley, Princeton L. SGT USA SJA

Sent: I 0 1:45 PM
Cc: Whyte,Je rey . USA
ts (UNCLASSIFI 0)

Subject: RE: Request to Review NCIX Responsive Documen

Classification: UNCLASSIFIED
Caveats: NONE

Good afternoon! I hope that you have been well since we last spoke. I just wanted to
touch base with you again and ask if you were able to verify that the Federal Maritime
Commission did not produce any documents with regard to our request. Thank you again {or all
your help!

Very Respectfully,

SGT Princeton Bradley

Paralegal Non?Commissioned Officer
Military Justice, OSJA

Fort Mcnair, 32







8? 1
28310
02981818

From: Bradley, Princeton L. SGT USA SJA

Sent: PM

To: sbagov

Cc: e, rey H. CPT USA SJA

Subject: RE: Request to Review NCIX Responsive Documents (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Good afternoon, I hope that you have been well. I just wanted to follow up and make
contact with you and see if you were able to make any headway with regard to my request
below. Please feel free to contact our office should you have any questions or concerns.
Thank you for your help!

Very Respectfully,

SGT Princeton Bradley

Paralegal Non-Commissioned Officer
Military Justice, OSJA

Fort McNair, 32



02833034 23311
From: David Coombs
Sent: Monday, July 09, 2012 2:13 PM
To: Fein, Ashden MAJ USA SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Morrow

JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
NCRIMDW Whyte, Jeffrey H. CPT USA von EIten_ Alexander
S. CPT USA Ford. Arthur D. CW2 USA Hall,
Cassius CIV 'Ganie|, Charles CIV

Subject: Discovery Request/Classified filing
Attachments: Discovery Request - 9 Jul 12.pd-f
Ashden,

Please find the attached discovery request.

Classified filing: In the future, please immediately send any classified filing to me at the
NNC in addition to sending it by SIPR to our security experts and to MAJ Hurley. Also, when
is the Government planning on addressing the issues identified by the Defense Security
Experts? You last informed me on 2 July that you were still working this issue.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-800-588-4156

Local: (568) 689-4616

Fax: (568) 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

28312

02964773

From: Fein, Ashden MAJ USA SJA

Sent: Monday, July 09, 2012 6:29 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY Morrow Ill,
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
Whyte. Jeffrey H. CPT USA von Eiien, Alexander
S. CPT USA Ford. Arthur D. CW2 USA SJA: Hall,
Cassius CIV 'Ganiei, Charles CIV

Subject: RE: Discovery Request/Classified filing

David,

we acknowledge receipt of this discovery request. As For the Filings,?we will continue to
send copies to the NWC. The reason one was not sent immediately is because the filing was
due Friday and NHC will not accept classified material on Saturdays. Additionally, we should
have an answer about the classified filing and its markings by Wednesday.

v/r
Ashden

28313

02833032

From: David Coombs

Sent: Monday, July 09, 2012 6:41 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY Morrow HI,
JoDean, CPT USA Overgaard, Angel M. CPT USA JFHQ-
Whyte. Jeffrey H. CPT USA von Elten. Alexander
S. CPT USA JFHQ-NCRWIDW Ford. Arthur D. CW2 USA ?Hail.
Cassius CIV 'Ganie|, Charles CIV

Subject: RE: Discovery Request/Classified filing

Ashden,

I don?t understand what you mean by not sending the c1assi?ied documents

sooner. These documents were part of the Government's 22 June Filing. In

this case, the documents could have been sent on either Thursday the 21st of June to ensure
they arrived on the Filing date or on the following Monday

(25 June). The reason these documents were not discussed in our 962(11) reply was because I
did not have access to them.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62986

Toll Free: 1-869-588-4156

Local: (593) 639-4616

Fax: (593) 689-9282



Notice: This transmission, including attachments, may contain confidential
attorney?c1ient in?ormation and is intended ?or the

person(s) or company named. It you are not the intended recipient, please notify the sender
and delete all copies. Unauthorized disclosure, copying or use of this information may be
un1aw?u1 and is

02964765 28314

From: Fein, Ashden MAJ USA SJA

Sent: Monday, July 09, 2012 7:15 PM

To: David Coombs

Cc: Hurley, Thomas MAJ OSD OMC Defense; 'Tooman, Joshua CPT USARMY

Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA
Whyte. Jeffrey H. CPT USA von Elten,
Alexanders. CPT USA Ford, Arthur D. CW2 USA
?Hall, Cassius CIV 'Ganiel, Charles CIV

Subject: RE: Discovery Requesuclassified filing

David,

On 22 June, the United States filed its classified filings as per the protective order? sent
via SIPRNET email to the court security Officer and to the defense security experts (all
three security experts including Ms. Robillard at the NHC). All defense counsel had the
motion available the night it was filed, along with the Court. we also had a copy ready for
the Court and defense on Monday (25 June) at the motions hearing, but the new military
defense counsel do not have storage capability. Additionally, we attempted to deliver a copy
to the Fort Myer TDS office on Tuesday, 3 July and no one was at the office to sign for the
information. we another version to the NWC with the enclosures, which were too large
to send via email and it was delivered 6 July. This would have been sent sooner, but Ms.
Robillard was not available to accept delivery. Finally, the defense has been in possession
of the four logs and the associated forensic reports since before the New Year, therefore the
enclosures were just repeat versions of the same information for the Court.

The defense has had access to the underlying information since the New Year, and the motion
since 22 June via SIPRNET email.

v/r
Ashden

02952213 23315
From: Fein, Ashden MAJ USA SJA
Sent: Monday, July 09, 2012 7:20 PM
To: David Coombs
Cc: Hurley, Thomas MAJ OSD OMC Defense; 'Tooman, Joshua CPT USARMY

Morrow Ill, JoDean, CPT USA Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA von Elten,
Alexander S. CPT USA Ford, Arthur D. CW2 USA
Hall, Cassius CIV 'Ganiet, Charles CIV Prather, Jay CIV (US)

Subject: RE: Update
Attachments: 110920-Defense Request for Courier Cards.pdf
David,

1. Safe Moves. Once we coordinate with each security manager and ensure each military
defense counsel is authorized to store classified material up to the "secret" level, then we
will present the approval document to the convening authority for immediate action.
Concurrently, we will start planning the safe moves.

2. Future Discovery. we will deliver all future discovery and other documentation to MAJ
Hurley's office as the military defense counsel. we will need contact information and a
designated individual to leave the information with, if MAJ Hurley is out of the office.

3. NL Task Force Report. we will try to obtain authorization for the defense to use a SCIF
at Fort Meade for the week of 16-29 July; however we might not receive authorization. As
previously stated, the government pre-coordinated for a SCIF at Fort Belvoir for the defense
to view the document, and can make it available during the week of 16-26 July or any other
time with reasonable notice. As for the notes, they will likely need to be stored with the
defense security experts based on their classification, which can be explained in?person or
with your security experts via SIPRNET email.

4. DIA and DOS Damage Assessments. we will have both copies available for the defense at
Fort Meade for the week of 16-26 July. The copies we have are the defense copies and not the
Court's copies. For the DOS assessment, the defense does not need Mr. Prather present;
however to review the DIA assessment outside of DIA, then Mr. Prather must be present.

5. ?Courier Cards. If MAJ Hurley or CPT Tooman require courier cards, then please have a
military defense counsel submit a request to the convening authority (GCMCA), similar to the
previous defense request. MAJ Hurley's courier card at OMC should only be applicable to OMC
information between their facilities and not for this case, and neither are authorized to
courier classified material in this case without the convening authority's approval.
Attached is a copy of MAJ Kemkes's prior request which should be sufficient to replicate and
submit. we are standing by to swiftly execute.

6. Meetings with Clients. we will coordinate to have your client at the Fort Meade TDS
office each morning at 6966, for the days we are not in session.

7. Classified IT Equipment. Assuming MAJ Hurley is approved to store this classified
information in his office with a safe, then we will work to obtain approval to have him also
keep the computers, printer, cube, etc. in his safe. Once that approval is obtained, then we
will move the equipment to the new office from Fort Meade.

v/r
Ashden

02955451

28316

From:
Sent
To:
Cc:

Subject:

Thank you!

v/r?
Ashden

1. FYSA see below.
list, we are coordinating through the Navy in order to have a search of
their personnel records For Giglio (impeachment) purposes.

Fein, Ashden MAJ USA SJA

11:01 AM
SARMY (us)
USA JFHQ-NCRWIDW USA





SJA
FW: REQUEST FOR SEARCH OF NAVY RECORDS

Because we have two Navy admirals on our witness

2. Is there a process in place to search HQDA witnesses? personnel files?
we need to submit a request For approximately six individuals.

28317

02829641

From: @mail.mil]

Sent: Tuesday. July 10. 2012 11:37 AM

To: Fein, Ashden MAJ USA SJA

Cc: Hughes, Brian A. LTC USA Boston, Louis J. MAJ USA JFHQ-

SJA .

Subject: RE: REQUEST FOR SEARCH OF NAVY RECORDS
Classification: UNCLASSIFIED

Caveats:

Ashden I am not immediately aware of such a process. will research and

Follow up.

v/r



Criminal Law Division

0FFice of The Jud Advocate General
BB:

02955393



From: Fein, Ashden MAJ USA SJA

Sent: Tuesda Jul 10 2012 12:22 PM

Cc: USA USA JFHQ-

NCRIMDW SJA
Subject: RE: REQUEST FOR SEARCH OF NAVY RECORDS (UNCLASSIFIED)
Sir,

Thanks! we would like to send out the letters as soon as possible to not
have any Future delays.

v/r
Ashden

02828100 23319

From: ?@cybercom.miI1

Sent: Wednesday, July 11, 2012 12:43 PM

To: Ford, Arthur D. CW2 USA SJA

Cc: Fein, Ashden MAJ USA JFHQ-NCRIMDW
Subject: FW: US v. Manning

CH2 Ford,

I now have all disk in my possession but need to get them properly wrapped For transport.

who will be the recipient For the disk and is the paralegal coming to pick up the disk
bringing courier bags? Thanks.

Law Center
US Cyber Command

Comm: -

28320







02964623

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Wednesda Jul 11. 2012 6:00 PM

To:

Cc: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW Diefenbach_ Katherine M. CPT USA JFHQ-
NCRIMDW john.b.haberIand.mil@mai1.mii; Morrow Ill, JoDean, CPT USA JFHQ-
NCRIMDW Overgaard, Angel M. CPT USA von Elten,
Alexander S. CPT USA Whyie, Jeffrey H. CPT USA JFHQ-
SJA

Subject: Document Review

D,

Understanding this is such short notice, is it possible For two 0F us to come over tomorrow
to continue our review on Tasker 1 material at I apologize for the short notice, but we
are trying to squeeze in all our reviews around DC and complete them this week. This will
enable us to tell the Court on Monday that we Finished our reviews and are working on
obtaining the discoverable documents. Additionally and more importantly, this will allow us
to start requesting Brady/discoverable documents, which we will need to turn over or take
action under MRE 565 (CIPA) by 3 August, thus providing the Department more time.

Thank you!

V/r
Ashden

28321

02832655

From: Hurley. Thomas MAJ OSD OMC Defens?]

Sent: Thursday, July 12, 2012 9:39 AM

To: Fein, Ashden MAJ USA David Coombs

Cc: Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA
von Elten, Alexander S. CPT USA Ford,
Arthur D. CW2 USA SJA

Subject: RE: Update

MAJ Fein

1. Could you direct me to the order which indicates who can, and who cannot, use SIPRNET
email for filing in this case? Also, please let me know if you need anything from me to
change that. I have the capability, and it would be a shame to waste it. .

2. Could you direct me to the order which indicates what members of the defense team can
examine on the

Thanks.
Tom Hurley



From: Fein, Ashden MAJ USA SJA

Sent: Thursday, July 12, 2012 9:28 AM

To: Hurley, Thomas MAJ OSD OMC Defense; David Coombs

Cc: Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
overgaard, Angel M. CPT USA whyte, Jeffrey H. CPT USA von
Elten, Alexander S. CPT USA Ford, Arthur D. CW2 USA SJA
Subject: RE: Update

MAJ Hurley,

Thank you. Currently, no defense counsel is authorized to use SIPRNET for
this case, including the filing process. we will work through our security
experts and HQDA to determine whether you can be authorized to use SIPRNET.
Also, based on your access in your current assignment, please remember that
no member of the defense (counsel or expert) is authorized to view any
classified information, unless an OCA has specifically authorized the
individual document or information to be viewed, including information on
SIPRNET.

v/r
MAJ Fein

Message--??-

From: Hurley, Thomas MAJ OSD OMC Defense
Sent: Thursday, July 12, 2912 8:57 AM

To: Fein, Ashden MAJ USA David Coombs

Cc: Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
overgaard, Angel M. CPT USA whyte,
Jeffrey H. CPT USA von Elten, Alexander S. CPT USA
Ford, Arthur D. CW2 USA SJA

Subject: RE: Update



02832655 28322

MAJ Fein

I have a functioning SIPR email address.

Please include it, when appropriate, on future filings with the court or use
it as necessary to conduct the business of the trial.

Thanks.
MAJ Hurley

-?-?-Original
From: Fein, Ashden USA SJA

Sent: wednesday, July 11, 2012 9:36 PM

To: David Coombs

Cc: Hurley, Thomas MAJ OSD OMC Defense; Tooman, Joshua CPT USARMY
Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA
whyte, Jeffrey H. USA von Elten,
Alexander S. CPT USA Ford, Arthur D. CW2 USA
SJA

Subject: Update

David,

1. On the first day of each session, the command will have a barber at the
courthouse for your client. Please ensure that PFC BM or the defense
provide

the command with $9.46 so they can pay the barber.

2. SIPRNET documents. After consulting with our security experts, the
United States updated the pleadings and resent them to the Court and defense
experts via SIPRNET tonight. The documents are properly marked with the
administrative security data, IAN E0, applicable regulations, and derivative
classification training and manuals. No substantive information was changed
in the filings, thus this is a "corrected copy" of the previous filing.
Additionally, the information was already properly sourced by referencing
the

"See Enclosure so any individual who is an authorized recipient should
know what information is classified or not for purposes of the motions
practice.

Thank you.

v/r
Ashden

02952235



From: Fein, Ashden MAJ USA SJA

Sent: Thursday, July 12, 2012 10:32 AM

To: Hurley, Thomas MAJ OSD OMC Defense

Cc: David Coombs; Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Whyte,
Jeffrey H. CPT USA Von Elten, Alexander S. CPT USA JFHQ-NCR
Ford, Arthur D. CW2 USA SJA

Subject: RE: Update
hnponance:
MAJ Hurley,

1. The Court's Protective Order, dated 16 Mar 12 states that all filings will be through
defense security experts. This was written based on defense counsel not having the authority
or access to SIPRNET. Understanding that you do have access to SIPRNET email, we are
reviewing the authorization process for use of SIPRNET email. we do not need a request or
anything from you for this capability.

2. There is no order in place which indicated what members of the defense can examine,
because members of the defense are only authorized to view or access classified information
that has been approved by an OCA, therefore turned over in discovery. Any classified
information that has not been positively turned over in discovery cannot be viewed or
accessed by any member of the defense. Up to this point, the only exception was granted by
the Deputy Army G2 for the limited purpose of the defense security experts conducting the
preliminary classification review. Please refrain from viewing any classified information on
SIPRNET and/or JNICS before we get this issue resolved, and we are actively working the issue
today.

v/r
MAJ Fein

28324
02833209

From: David Coombs

Sent: Thursday, July 12, 2012 1:27 PM

To: Fein, Ashden MAJ USA Hurley, Thomas MAJ OSD OMC Defense

Cc: 'Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyie, Jeffrey H. CPT USA
von Elten, Alexander S. CPT USA Ford,
Arthur D. CW2 USA SJA

Subject: Article 13 Witnesses

Ashden,

Does the Government intend on calling any witnesses for the Article 13 motion? If so, do you
plan on filing your witness list prior to the upcoming motions hearing? I had anticipated
that the Government would file its witness list at the same time it filed the objection to
the Defense's requested witnesses. Since you did not, do you intend on not calling
witnesses?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 82966

Toll Free: 1-860-588-4156

Local: (508) 689-4616

Fax: (588) 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

02970918

28325

From:
Sent:
To:
Cc:

Subject:

David,

Fein, Ashden MAJ USA SJA

Thursday, July 12, 2012 6:13 PM

David Coombs

Hurley, Thomas MAJ OSD OMC Defense; 'Tooman, Joshua CPT USARMY
Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA von Elten,
Alexander S. CPT USA Ford, Arthur D. CW2 USA
SJA

RE: Article 13 Witnesses

The United States does not know which witnesses it will call until we receive the defense's
motion, in order to know what issues the defense raises. Once we receive the motion, then we
will be able to assess which witnesses.

v/r
Ashden

02953336



From:
Sent
To:
Cc:

Sumea:
Attachments:

Sir,

Good evening.

Fein, Ashden MAJ USA SJA

Tuesda ,Jul 17,2012 8:19 PM

IRR USA USCENTCOM CCJA-SJA

IMA USA USCENTCOM Whyte, Jeffrey H. CPT USA
Ford, Arthur D. CW2 USA Diefenbach,
Katherine M. CPT USA SJA

Time Sensitive Requestfor Information






Attached you will Find the prosecution's request for Giglio (impeachment)

material For witness(es) assigned to your organization. This request is time sensitive and we
uest the material no later than 31 August 2012. Also, please note this does not include

1

Thank you!

v/r

Ashden

which we are going through the USN.



28327
02953324

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: 2 8:20 PM

To:

Cc: Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW

Ford, Arthur D. CW2 USA Diefenbach, Katherine M. CPT USA
. SJA

Subject: Time Sensitive Request for Information

Attachments: D|A.pdf

Sir,

Good evening. Attached you will find the prosecution's request For Giglio (impeachment)
material for witness(es) assigned to your organization. This request is time sensitive and we
request the material no later than 31 August 2612.

Thank you for the continued support!

V/r

MAJ Fein

28328



02953310

From: Fein, Ashden MAJ USA SJA

Sent: Tuesda Jul 17,2012 8:21 PM

To:

Cc: Whyte, Jeffrey H. CPT USA Ford,
Arthur D. CW2 USA SJA;'Diefenbach, Katherine M. CPT USA JFHQ-
SJA

Subject: Time Sensitive Request for Information

Attachments: Department of State.pdf

Attached you will Find the prosecution's request For Giglio (impeachment) material for
witness(es) assigned to the Department. This request is time sensitive and we request the
material no later than 31 August 2612.

Thank you!

V/r

Ashden

02953196 28329

From: Fein, Ashden MAJ USA SJA

Sent: Tu a Jul 17 2012 8:29 PM

To:

Cc: Whyte, Jeffrey H. CPT USA Ford, Arthur D. CW2 USA JFHQ-

Diefenbach, Katherine M. CPT USA SJA

Subject: Time Sensitive Request for Information

Attachments: JTF Guantanamopdf

Sir,

Good evening. Attached you will Find the prosecution's request For Giglio (impeachment)
material for witness(es) assigned to your organization. This request is time sensitive and we
request the material no later than 31 August 2012. we did not include Flag officers on this
request, as we will be submitting that request to the USN.

Thank you!

Ashden

Ashden Fein

Major, US Army

28330

02834437

From: ?@dodiis.miI1

Sent: Wednesday, Juiy 18, 2012 8:02 AM
To: Fein, Ashden MAJ USA SJA
Subject: RE: Time Sensitive Request for Information

Got it. we'll get back to you. -



02834424

28331

From:
Sent
To:
Cc:

Subject:
Attachments:

Importance:

Ashden:

cenlcom.mi|]

Wednesday, July 18, 2012 8:10 AM
Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Whyte, Jeffrey H. CPT USA
Ford, Arthur D. USA Diefenbach,
Katherine M. CPT USA JFHQ-NCRIMDW tCoI MIL usmc
USCENTCOM Ms CIV USAF USCENTCOM

sr=c RES USA USCENTCOM CCJA-SJA

RE: Time Sensitive Request for Information
CENTCOMPDF

High

Got it. with me transitioning in September, (who?s also our Litigation
Support/FOIA/Privacy Act attorney) is starting to pick-up Manning. I have cc?d her on this,
and she will be back in the oF?ice tomorrow morning.

Chief, Administrative Law

DSN:

COM 2

VOSIP:



02834422 28332

From: T@s1ate.gov1

Sent: Wednesday, July 18, 2012 8:34 AM

To: Fein. Ashden MAJ USA SJA

Cc: Whyie, Jeffrey H. CPT USA Ford,
Anhur 0. CW2 USA JFHQ-NCRIMDW Diefenbach_ Katherine M. CPT USA
SJA

Subject: RE: Time Sensitive Request for Information

Ashden,

Thank you for this. we will initiate searches for Giglio material for the listed witnesses
and will have Giglio letters prepared for you by the August 31 deadline.

Thanks,

U.S. Department of State

02834239



From:

Sent: Wednesda Jul 18 2012 9:39 AM






To: USARMY HQ












USARMY
HQDA ocs (us)



USARMY HQ INSCOM


IUSARMY NGIC Fein, Asnden MAJ
USA USARMY

Subject: FW: Time Sensitive Request for Information (UNCLASSIFIED)
Attachments:

Classification: UNCLASSIFIED
Caveats:

and 1

Attached is a request from the Manning prosecution team asking INSCOM to
review all INSCOM files pertaining to the following individuals in order to
determine whether there is any information in INSCOM files that might have a
negative impact on the individuals? testimony, call into question their
credibility or otherwise be useful for impeachment by the defense. Some
examples of potentially responsive materials are listed in paragraph 4 of
the attached memo.

GIC)
(9e2d/Contractor)

In response to the request, we need to ensure that we identify any
elements within this command that hold any records, including personnel
records, security files, investigative files (CI and 15-6), adjudicative
files and any informal supervisory files pertaining to these individuals.
Then we need to review the files, identify, preserve and copy any
potentially responsive materials and consolidate all of the potentially
responsive materials so that we can get the information to MAJ Fein as
quickly as possible. This needs to be a thorough review and we need to be
looking for potentially negative information.

Because of the time-sensitive nature of this request, we need all
potentially responsive materials provided to this office NLT COB on Friday,
3 August. The materials can be submitted electronically. NEGATIVE RESPONSES
ARE REQUIRED.

Please email res onses and responsive materials directly to LTC Sutera.
Please cc?and me. The 3 August suspense is necessary to provide
this Headquarters time to review, evaluate, deconflict and consolidate
potentially responsive materials and get it to the prosecution ahead of
their suspense.



28334
02834239

If you have any questions, please let me know.

Although the specific request to INSCOM only relates to the seven

individuals identified above, if you look at the request, there are
significantly more Army witnesses identified. In order to ensure that the
Army has applied due diligence for all Army witnesses, I respectfully i
request that you review CCF records for all Army witnesses to determine if

there is any derogatory or potentially derogatory information in any of the

witnesses? files. Unfortunately, your search will be more complicated than

the ones the units will need to conduct because some of the information that

may have been disclosed during the investigation or review process

financial problems, previous drug would likely fall within the

government's obligation to disclose.

As far as the 3 Aug suspense to INSCOM, that only applies to the seven
(7) named individuals above. Please work with ?to determine a
suspense and delivery method for the materials pertaining to
personnel.

Classification: UNCLASSIFIED
Caveats:



02834235

From:1 -:oR USSOUTHCOM


Sent: Wednesday, July 18, 2012 10:01 AM
To: Fein. Ashden MAJ USA SJA
Cc: Whyie, Jeffrey H. CPT USA Ford, Arthur D. CW2 USA .JFHQ-
Diefenbach, Katherine M. CPT USA SJA
Subject: RE: Time Sensitive Request for Information (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Major Fein,
we will move out on this. However, one point worth clarifying is that Mr.

is a contractor, Thus, may not have cognizance over any
derogative evidence regarding Mr.

v-

02981624 .. 28336

From: Fein, Ashden MAJ USA SJA

Sent: Wednesday. July 18, 2012 11:09 PM

To: Wh Jeffre H. CPT USA SJA

Cc: ?@dni.gov; dni. ov' @dni.gov: Ford, Arthur D.

CW2 USA dni.gov
Subject: RE: update
Hunter~

Please prepare a complete list of the entities that already approved the release of their

information and that we have actually produced for- and This should assist them

in the approval process so they know what we have already done. I would like us to send it
-to them NLT Friday morning.

Thank you.

02820722 23337

From: Overgaard, Angel M. CPT USA SJA
Sent: Thursda Jul 19. 2o121:3o PM

To: USCENTCOM CCJA-SJA

Cc: Whyte. Je rey H. A Fein, Ashden MAJ USA JFHQ-

SJA
Subject: RE: Court-Martial Witness List (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE


0

Sorry for the delay. we are up at Fort Meade in a motions hearing again. CPT Nhyte who is
cc'ed is the lead on the Giglio requests. we can give you a call whenever you are available
this afternoon. Thanks.

VR

ANGE . OVE RGAARD
CPT, JA

Trial Counsel, MON



02818128

To:

Subject: Time Sensitive Request for Information
Attachments: Army
Sir,

Good Morning. I am the lead prosecutor in the court-martial of United States v. PFC Bradley Manning
Attached you will find the prosecution's request for Giglio (impeachment) material for witness(es) assigned to your
organization. This request is time sensitive and we request the material no later than 31 August 2012.

Thank you!

V/r
MAI Fein

Ashden Fein
Major, US Army

28339







From: USARMY

Sent: :15 PM

To: USARMY US USARMY

USA
Fein, Ashden MAJ
Cc:
CIV (US)

Subject: RE: Time Sensitive Re uest for Information UNCLASSIFIED

Attachments:

Signed By:



Classification: UNCLASSIFIED
Caveats:

Good evening,

Alcon,

The first seven potential witness Files were carefully reviewed For
derogatory information and noted. CCF utilized all available sources when
reviewing these cases. Any files require by your agency will be processed
through legal channels.

If you need further assistance or questions please let me know.

Thank you

Res ectfull

CCF, NCOIC

02969203 28340

From: Fein, Ashden MAJ USA SJA

Sent: i a uf 0 2 9:54 AM

To:

Subject: RE: Court Date

Sir,

Are you available to discuss? Thank you.


MAJ Fein



28341

02953536
From: Fein, Ashden MAJ USA SJA
Sent: :06 AM





USARMY (us)

To:
Cc: Whyte, Jeffrey H. CPT USA Ford,

Arthur 0. CW2 USA Diefenbach, Katherine M. CPT USA JFHQ-

SJA
Subject: Time Sensitive Request for Information
Attachments: Army

Sir,

Good morning. I am the lead prosecutor in the court-martial of United States v. PFC Bradley
Manning Attached you will Find the prosecution's request for potential
impeachment evidence for civilian witness(es) assigned to the This request is time
sensitive and we request the material no later than 31 August 2612. If you have any
questions, please call me or CPT Hunter whyte, the prosecutor assigned to track these
requests.

Thank you!

V/r
MAJ Fein

Ashden Fein
Major, US Army

22

Yep. -
9

Defense Intelligence Agency 2

02827208 23342

1


From: d?d?3-mil]

Sent: Friday, July 20. 2012 11:53 AM

To: Fein, Ashden MAJ USA SJA

Subject: RE: Court Date

1



28343

02969577

From: Fein, Ashden MAJ USA SJA

Sent: Monday, July 23, 2012 8:07 PM

To: Hurley, Thomas MAJ OSD OMC Defense

Cc: ?David Coombs'; 'Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte,
Jeffrey H. CPT USA von Ellen, Alexander S. CPT USA JFHQ-NCR
Ford, Arthur D. CW2 USA Parra, Jairo A. CW2 USA

SJA
Subject: RE: Classi?ed Discovery

MAJ Hurley,

Do you have exclusive use of the safe in your office where no one else can access the
information but for you and your security manager? If not, is it possible to setup the safe
you have for exclusive use, and if not, then can we have an additional safe delivered to your
office? Thanks.

v/r-
Ashden

28344
02827964

From: @centcom.miIl

Sent: Tuesday, July 24. 2012 7:51 AM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-
SJA

Cc: USA USCENTCOM
USCENTCOM CCJA-SJA

Subject: FW: CENTCOM Air Force Civilian Personnel - Trial Counsel Request to Search for,

Preserve, and Disclose Impeachment Material - U.S. v. Manning

Major Fein Captain Overgaard

Air Force Personnel Center (at Randolph Air Force Base (San Antonio Texas) would have the
official derogatory/impeachment information for Air Force Civilian employees. CENTCOM will
more than likely only have supervisor files (called AF 9715).

Please note, some employees here at CENTCOM are not Air Force employees. For example, a
significant number of CCJ2 (Intelligence Directorate) employees are really Defense
Intelligence Agency (DIA) employees who would have their own personnel center. Again,
CENTCOM may have a supervisor file, but not much more.

If you would like, I can try and locate a POC at Air Force Personnel Center to work with. if
that is what you would like, just let me know.

V/r



28345




02828182
Hom: .

Sent: Tuesday, July 24, 2012 9:27 AM
To: Fein, Ashden MAJ USA CDR USSOUTHCOM

Cc: Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA
JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA von Elten,
Alexander s. CPT USA Ford, Arthur D. cw2 USA JFHQ-NCRIMDW
SJA USSOUTHCOM
Subject: RE: More (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

MAJ Fein,

My office is currently coordinating with our 32 to determine whether there is any responsive

information that JTF-GTMO possesses ertainin to our Gi lio/Henthorn request. Mr.- is
a civilian contractor employed Since does not have

access to -'s personnel files, we'd ask that you contact Mr. civilian employer

directly for this information. The on-site is and can

be reached at He should be able to assist you with respect to obtaining any
personnel information that the company maintains.





If does possess any responsive information, we'll be in touch.

Vr/

CDR JAGC USNR
OIC-Legal Proceedings Support



DSN:

Comm:



CAUTION: The information contained in this email and any accompanying attachments may contain
Freedom of Information Act protected information, including attorney?client or attorney work
product privileged information. This information may not be released outside of the
Department of Defense without prior authorization from the Office of The Staff Judge
Advocate, Joint Task Force - Guantanamo. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any action in reliance
on this information is prohibited. If you received this email in error, please notify this
office immediately by return email (see 5 U.S.C. 552 and Army Regulations 25?55 and 27-26).

1

02828182 i 28346

Classification: UNCLASSIFIED
Caveats: FOU0












02827920



From: @centcom.mi|]

Sent: Tuesday, July 24, 2012 9:53 AM

To: Fein, Ashden MAJ USA SJA

Cc: Whyte, Jeffrey H. CPT USA Ford, Arthur D. USA JFHQ-

. Diefenbach, Katherine M. CPT USA Overgaard,

Angel M. Ms CIV USAF USCENTCOM
LtCo| MIL USMC USCENTCOM
SFC RES USA USCENTCOM CCJA-SJA

Subject: RE: Time Sensitive Request for Information

Ashden:

Got it. Thanks.

we spoke with CPT Overgaard yesterday. Per the written request, we are going to do a records
search of Files For impeachment material.

Also, I am going to contact the witnesses to let them know that the records search is being
conducted in the event that they have any questions about it. However as we discussed with
Angel, USCENTCOM CCJA is not going to discuss directly with any of the witnesses adverse
information. Talking directly with a witness regarding such information is properly within
the purview of the trial attorneys on the case.



02828179

From: CDR USSOUTHCOM

Sent: Tuesday, July 24, 2012 11:19 AM
To: Fein, Ashden MAJ USA USSOUTHCOM

Cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA

Whyte, Jeffrey H. CPT USA von Ellen,
Alexander S. CPT USA Ford. Arthur D. CW2 USA
Six

Subject: RE: More (UNCLASSIFIED)





Classification: UNCLASSIFIED
Caveats: FOU0

MAJ Fein,

does not possess any derogatory information about Mr. Please let us know if
you need anything further.

Vr/
I

CDR JAGC USNR
0IC?Lega1 Proceedings Support


DSN:

Comm:



CAUTION: The information contained in this email and any accompanying attachments may contain
Freedom of Information Act protected information, including attorney?client or attorney work
product privileged information. This information may not be released outside of the
Department of Defense without prior authorization from the Office of The Staff Judge
Advocate, Joint Task Force - Guantanamo. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any action in reliance
on this information is prohibited. If you received this email in error, please notify this
office immediately by return email (see 5 U.S.C. 552 and Army Regulations 25-55 and 27-26).

28349

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

e-Highlighter

Click to send permalink to address bar, or right-click to copy permalink.

Un-highlight all Un-highlight selectionu Highlight selectionh