Title: Volume FOIA 090

Release Date: 2014-03-20

Text: 29014

Volume 90 of 111
SJAR ROT
FOIA Version

VERBAT IM 1

RECORD OF TRIAL2

(and accompanying papers)

of
(Name: Last, First, Middie initiai) (Sociai Security Number) (Rank)
Headquarters and
Headquarters Company,
United States Army Garrison U-S- Army FCDIJC Ml/er: VA 22211
(Unit/Command Name) (Branch of Service) (Station or Snip)
By
GENERAL COURT-MARTIAL
Convened by Commander

(Titie of Con vening Authority)

UNITED STATES ARMY MILITARY DISTRICT OF WASHINGTON
(Unit/Command of Con vening Authority)

Tried at

Fort. Meade, MD on see below

(Piace or Piaces of Triai) (Date or Dates of Triai-9

Date or Dates of Trial:

23 February 2012, 15-16 March 2012, 24-26 April 2012, 6-8 June 2012, 25 June 2012,

16-19 July 2012, 28-30 August 2012, 2 October 2012, 12 October 2012, 17-18 October 2012,
7-8 November 2012, 27 November - 2 December 2012, 5-7 December 2012, 10-11 December 2012,
8-9 January 2013, 16 January 2013, 26 February - 1 March 2013, 8 March 2013,

10 April 2013, 7-8 May 2013, 21 May 2013, 3-5 June 2013, 10-12 June 2013, 17-18 June 2013,
25-28 June 2013, 1-2 July 2013, 8-10 July 2013, 15 July 2013, 18-19 July 2013,

25-26 July 2013, 28 July - 2 August 2013, 5-9 August 2013, 12-14 August 2013,

16 August 2013, and 19-21 August 2013.

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

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

DD FORM 490, MAY 2000 PREWOUS OBSOLETE Front Cover

29015

0. MS gt Brian R. Papakie. MS gt Papakie does not have any emails or documentation related
to the accused or the accused's con?nement conditions. Pursuant to the prosecution's
preservation request, Papakie provided all emails or documentation to LtCol Greer.

p. Craig M. Blenis. Blenis does not have any emails or documentation related to
the accused or the accused's con?nement conditions. Pursuant to the prosecution's preservation

request, MS gt Blenis provided all emails or documentation to LtCol Greer.

q. William R. Fuller. gt Fuller does not have any emails or documentation

related to the accused or the accused's con?nement conditions. Pursuant to the prosecution's

preservation request. gt Fuller provided all emails or documentation to LtCol Greer.

6. The prosecution understands its continuing obligation to produce material under Giglio and

"Rule for Courts-Martial (RCM) 914. Giglio v. United States, 405 US. 150 (1972); see also

RCM 914. Once the prosecution publishes its Article 13 witness list, it will immediately start the
process of conducting Giglio and Jencks searches.



if?r"tUN?irE1i? WI-IYTE
CPT, A
Assistant Trial Counsel



I certify that I served or caused to be served a true copy of the above on Mr. David Coombs,
Civilian Defense Counsel via electronic mail. on I4 August 2012.

i i
J?Inum?n?R?vvHY'rE
cpr, JA

Assistant Trial Counsel





29016
UNCLASSIFIEDHFOR OFFICIAL USE ONLY

DEPARTMENT OF THE ARMY
u.s. ARMY MILITARY or WASHINGTON
210 A STREET
FORT LESLEV .1. cums, on 20319-5913


REPLY TO
OF

ANJA CL 13 September 2012

MEMORANDUM FOR Mr. David E. Coombs, Civilian Defense Counsel

SUBJECT: Response to Defense Request for Discovery of CIA Information, dated 19 July 2012
1Mjm_mg

I. The below responses to the defense discovery request account for the ongoing national
security concerns of this case, the ongoing law enforcement investigation(s), and comply with
the limitations of applicable Executive Orders. The United States acknowledges its requirements
under Article 46, UCMJ, the Rules for Courts-Martial, and relevant case law.

2. Discovery Response.
a. Discovery Request, paragraph I.

RESPONSE: The United States will produce this information in accordance with its
obligations under Rule for Courts-Martial 701 and Brady v. Maryland.

b. Discovery Request, paragraph 2.

RESPONSE: The United States will not provide the requested information. The
defense has failed to provide an adequate basis for its request. The requested information is
aggravating in nature and the United States will not use the information during trial.

c. Discovery Request, paragraph 3.
RESPONSE: The United States will not provide the requested information. The

defense has failed to provide an adequate basis for its request. The requested information is
aggravating in nature and the United States will not use the information during trial.

(1. Discovery Request, paragraph 4.
RESPONSE: The United States will not provide the requested information. The
defense has failed to provide an adequate basis for its request. The requested information is
aggravating in nature and the United States will not use the information during trial.

e. Discovery Request, paragraph 5.

UNCLASSIFIEDNFOR OFFICIAL USE ONLY



29017
UNCLASSIFIEDHFOR OFFICIAL USE ONLY


SUBJECT: Response to Defense Request for Discovery of CIA Information, dated 19 July 2012
v. Bmdlev Manning



RESPONSE: The United States will not provide the requested information. The
defense has failed to provide an adequate basis for its request. The requested information is
aggravating in nature and the United States will not use the information during trial.

f. Discovery Request, paragraph 6.

RESPONSE: The United States will not provide the requested information. The
defense has failed to provide an adequate basis for its request. The requested information is
aggravating in nature and the United States will not use the information during trial.

g. Discovery Request, paragraph 7.

RESPONSE: The United States will not provide the requested information. The
defense has failed to provide an adequate basis for its request. The Court previously approved
the summary which listed the component?s name. Additionally, with respect to the information
referenced on page 4, a different component reviewed the information and provided input to the
task force.

h. Discovery Request, paragraph 8.
RESPONSE: The United States will not provide the requested information. The

defense has failed to provide an adequate basis for its request. The requested information is
aggravating in nature and the United States will not use the information during trial.

i. Discovery Request, paragraph 9.

RESPONSE: Absent the assessment identi?ed in the notice provided to the Court on_ 12
July 2012, there are no other assessments or follow-on reports. The United States understands its
continuing obligation to provide discovery.

3. The point of contact is the undersigned.


r'
1 . ?Ia


ASI-IDEN FEIN
MAJ, JA
Trial Counsel

2

UNCLASSIFIEDIIFOR OFFICIAL USE ONLY





29018

DEPARTMENT OF THE ARMY
US. ARMY MILITARY DISTRICT OF WASHINGTON
210 A STREET
FORT LESLEY . DC 20319-5013

ANJA-CL 13 September 2012

MEMORANDUM FOR Mr. David E. Coombs, Civilian Defense Counsel

SUBJECT: Response to Defense Request for Discovery, dated 9 July 2012 United States v.
PFC Bradlev Manning

1. The United States responds herein to the Defense Request for Discovery dated 9 July 2012.
The United States acknowledges its requirements under Article 46, UCMJ, the Rules for Courts-
Martial, and relevant case law.

2. Discovery Response.
a. Discovery Request, parayaph 2.

RESPONSE: The Quantico video does not exist. The United States conducted a search
but could not locate the video. See Enclosure 1; Enclosure 2.

b. Discovery Request, paragaph 3.

RESPONSE: The Prosecution has providedall matters requested that are in the
Govemment?s possession and understands its continuing obligation to provide infotmation
responsive to this request.

3. The point of contact is the undersigned.




1

- v.
.

ALEXANDER vow ELTEN
cpr, JA
Assistant Trial Counsel

Enclosures
1. CWO2 Barnes Statement dated 13 August 2012
2. CWO2 Bames Statement dated 12 September 2012

UNITED STATES OF AMERICA
v.

Manning, Bradley E.

PFC, U.S. Army,

HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211



29019

Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial

Enclosure 70

10 October 2012



0%



29020
FOR OFFICI.-XL ONLY

DEPARTMENT OF THE ARMY
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
210 A STREET
FORT LESLEY J. MCNAIR. DC 20319-5013

REPLY TO
ATTENTDONOF

October 25, 20] 1

Criminal Law Division, Office of the Staff Judge Advocate

Mr.

Attorney Advisor Intelligence Law Division
Office of the General Counsel

Department of Homeland Security

Mail Stop 3650

Washington, DC 20528

Re: United States v. Private First Class (PFC) Bradley E.
rosecution?) hereby make a
ent?). First, the prosecution

hensive search of its records for
nd/or WikiLeaks, including certain

The U.S. Army prosecutors in the above-reference
two?fold request to the Department of Homeland Securi
requests that your department conduct a thorough an
information which concerns or references PFC
information, detailed below, which directly 1- evidence in the above-referenced case.
Secondly, the prosecution requests that yur ?-in '-nt take all reasonable and necessary steps
to preserve any responsive files gathered res of your search for information.










PFC Manning is the subject --ngoing investigation and criminal prosecution based
on the alleged illegal collection an osure of national defense and foreign relations
information to the WikiLeak ion. PFC Manning is currently charged with multiple
violations of federal law xglmiform Code of Military Justice (UCMJ), including
violations of 18 U.S.C. U.S.C. 1030, and 18 U.S.C. ?641. PFC Manning is also
charged with Aiding by Giving Intelligence, in violation of 10 U.S.C. 904.
Enclosed with this copy of the charge sheet. PFC Marming was apprehended by the
In estigation Command in Iraq on May 27, 2010 and has been in pretrial
29, 2010. WikiLeaks released national defense and foreign relations
ly provided to them by PFC Manning on the intemet.







radley Edward Manning is an enlisted member of the United States Army. He was
ecember I7, 1987, and his Social Security Number is He has been

orward Operating Base Hammer, Iraq, APO AE 09308; and Headquarters and
Headquarters Company (HHC), 2d Brigade Combat Team (BCT), 10th Mountain Division
(Light Infantry), Building 10200, Fort Drum, New York, 13602. PFC Manning is also believed
to be associated with the name Breanna Elizabeth Manning and the following means of
communication:

Email:
?1

FOR USE ONLY

3.



29021
FOR IJSE

-2-



b. Social Networking:

bradleyemanning

bradass87

bmanningfm 9
Breanna Manning
Bradley Manning
Dawgnetwork

c. IP Addresses:

22.225.41.22
22.225.41.40 - 6

71.190.140.39

As indicated above, the prosec on requests that you conduct an immediate and thorough
prudential search of your records formation provided above, and also for any
information directly concerning mnng, including but not limited to any documents that
discuss damage or harm PFC Manning and WikiLeaks and any measures considered
or taken in response to th lghuit of PFC Manning and WikiLeaks. The search for WikiLeaks

related information sho limited to all records from November 1, 2009 to the present
associated with the dis 5 of classified infonnation to WikiLeaks, the possession of
classified inform ikiLcaks, or the dissemination of classi?ed infonnation by
WikiLeaks.

held as records by other govemment agencies. It is not intended to, nor should it

Tgsguest is designed to allow the prosecutors to assess the totality of information
availab

be as, ascribing any legal relevance, including whether such information may be
in discovery, to the infomiation requested. The prosecutors require such materials
tely. In order to expedite this process. please provide the requested information
is or bv November 7. 2011. on a
CD or DVD. Any information classi?ed or controlled as ?sensitive
eompartmented infonnation?, should be made available for inspection. We anticipate making
future requests as the need arises, and speci?cally before the trial, if the case is referred to court-
martial.

FOR

29022
FOR OFFICIAL USE ONLY

-3-

information, including data stored on electronic media, gathered as a result of your search for
information detailed above. If you are unsure whether certain materials should be preserved,
please err on the side of caution and preserve the materials. Failure to preserve and retain an
pertinent materials, electronic or otherwise, may result in sanctions against the United Sgt)

As stated above, the prosecution requests that you preserve all responsive documents and
0

based on PFC Manning?s rights under Article 46, UCMJ, the Rules for Courts?Martial,
applicable case law.




1 am forwarding a copy of this letter to

Department of Justice. The point of contact for this request is the undersiid?
(secuie email).

Sincerely,
in") 2:







Fein
aptain, U.S. Anny
Trial Counsel

KO

0




FOR OFFICIAL USE ONLY

UNITED STATES OF AMERICA
v.

Manning, Bradley E.

PFC, U.S. Army,

HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211



29023

Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial

Enclosure 71

10 October 2012





29024

DEPARTMENT OF THE ARMY
UNITED STATES ARMY TRIAL DEFENSE SERVICE
4217 Roberts Avenue. Suite 5030
FORT GEORGE MEADE. MARYLAND 20755

REPLY TO
ATTENTION O7

26 January 2012

MIEMORANDUM THRU Stall'.ludge Advocate, Office of the Staff Judge Advocate. U.S. Army
Military District of Washington. Fort Lesley J. McNair. Washington, D.C. 20319

FOR Commander. U.S. Army Military District of Washington. Fort Lesley J. McNair, Washington.
DC. 20319-5058

SUBJECT: Request for additional funding in the amount of $28,000.00 for defense computer
forensic team. matter of United States v. PFC Bradley Manning.

l. The Defense. in the matter of United States v. Bradley Manning. respectfully requests you
approve $28,000.00 in additional funding for the Defense's computer forensics team. The Defense's
computer forensics team consists of Mr. Eric Lakes and Mr. Trent Struttmann. Mr. Lakes and Mr.
Struttmann charge SI 7500 per hour for their services ($350.00 per hour for the both of them). They
estimate they can complete the computer forensics work in 160 hours. 160 hours it $175.00 per hour
equals

2. Justification for approving additional funding. There are three reasonsjustifying why additional
funding for Mr. Lakes and Mr. Struttmanns? services is needed. These are:

a. The Defense '5 computerforensics work is not complete. Mr. Lakes and Mr. Struttmann
have begun their computer forensics work, but they haven?t completed it. They estimate
they need I60 hours to complete their remaining necessary computer forensics work.

b. Nature of the case. The matter of United States v. Bradley Manning is a high-profile
case involving an incredibly large amount of data. Speci?cally, the case involves some 8
terabytes of data, data that unquestionably must be accurately examined for a proper
defense. Such computer forensics work is time consuming.

e. Perspective. The Government has had the evidence in question for more than a year, and
it has great resources at its disposal. Most of the Government computer forensics work
was done by the Computer Crimes Investigative Unit at Fort Belvoir. Virginia. a well-
equipped and well-staffed facility. has since moved Quantieo. Wc?re not
sure how many hours the Government spent on their computer forensics, but, simply put,
Mr. Lakes and Mr. Struttmann need more time (l60 hours) to complete their crucial work

for the Defense.

PAUL R. BOUCHARD
CPT, JA
Defense Counsel

3. POC for this request is the undersigned at

29025

UNITED STATES OF AMERICA
v.
Manning, Bradley E.
PFC, U.S. Army,
HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211

)
)
)
)
)
)
)
)
)

Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial
Enclosure 72
10 October 2012

THIS ENCLOSURE IS A PLACEHOLDER FOR AN
ENCLOSURE FILED SEPARATELY.

29026

UNITED STATES OF AMERICA
v.
Mannin�, Bradley E.
PFC, U.S. Army,
HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211

)
)
)
)
)
)
)
)
)

Prosecution Motion
for Protective Order

10 October 2012

RELIEF SOUGHT
COMES NOW the United States of America, by and through undersigned counsel, and
respectfully requests this Court grant the Protective Motion requested herein and order Chapter
8 2 of CIDR 195 1 be produced to the Defense.
BURDEN OF PERSUASION AND BURDEN OF PROOF
As the moving party, the United States has the burden of persuasion on any factual issue
the resolution of which is necessary to decide the motion. Manual for Courts-Martial (MCM),
United States, Rule for Courts Martial (RCM) 905(c)(2) (2012). The burden of proof is by a
preponderance of the evidence. RCM 905(c)(1).
FACTS
1. CID produced 22 investigative reports. The reports contain classified information.
2. Chapter 8 2 of CIDR 195 1 governs CID reports containing classified information.
3. CID requested the prosecution assist CID in the coordination necessary to satisfy the

requirements of CIDR 195 1.
4. The Commanding General, USACIDC, as the head of the government agency concerned, has,

with respect to CIDR 195-1, invoked the general privilege against disclosure of government
information pursuant to Military Rule of Evidence (MRE) 506(c).
WITNESSES/EVIDENCE
The United States does not request witnesses or evidence in support of this motion.
LEGAL AUTHORITY AND ARGUMENT
The prosecution assisted CID in coordinating classification reviews required under CIDR
195 1. Accordingly, CIDR 195 1 is relevant to the prosecution's response to the Defense
Motion to Dismiss All Charges and Specifications with Prejudice for Lack of a Speedy Trial.
Because the Commanding General, USACIDC has invoked the privilege against disclosure
under MRE 506(c), CID requires a Court order to produce Chapter 8 2 of CIDR 195 1 in this

1

29027

court-martial. Therefore, the United States respectfully requests the Court grant its request for a
protective order and order Chapter 8 2 of CIDR 195 1 be produced to the Defense.

ALEXANDERvoNELTEN
CPT, JA
Trial Counsel
Enclosures
Draft Protective Order
CIDR 195 1 (ex parte)
I certify that I served or caused to be served a true copy of the above on Mr. David E.
Coombs, Civilian Defense Counsel, via electronic mail, on 10 October 2012.

ALEXANDER VONELTEN
CPT, JA
Trial Counsel

2

29028

UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE
UNITED STATES OF AMERICA
v.
Manning, Bradley E.
PFC, U.S. Army,
HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211

)
)
)
)
)
)
)
)
)

Government Motion
for Protective Order
Enclosure 1
10 October 2012

UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE

29029

UNITED STATES OF AMERICA



v. Protective Order



Manning, Bradley E.

PFC, US. Army,

HHC, U.S. Army Garrison,

Joint Base Myer-Henderson Hall Dated:


Fort Myer, Virginia 22211

IT IS HEREBY ORDERED, ADJ UDGED and DECREED that the United States has established
the relevance of Chapter FUTHER ORDERED, ADJ UDGED and DECREED that a protective order is hereby
issued restricting the distribution and reproduction of all sections of CIDR 195 1, whether
exchanged via discovery or not, instant case;

IT IS FUTHER ORDERED, ADJ UDGED and DECREED that copying and distributing any
portion of CIDR 195 1 is limited to one copy only, each, to the Trial Counsel (MAJ Ashden
Fein) and Defense Counsel (Mr. David Coombs), which copies, or an attestation (under oath)
evincing the document's destruction, must be returned to the local USACIDC office within forty-
eight (48) hours after the conclusion of the trial (in the court of first instance) of this matter,
which is defined as the date the Defense remits to the United States its RCM 1105/1106
submissions;

IT IS FUTHER ORDERED, ADJ UDGED and DECREED that Chapter 8 2 of CIDR 195 1 be
produced to the Defense subject to the restrictions contained in this order and the restrictions
outlined in the Distribution Section of CIDR 195 1;

IT IS FUTHER ORDERED, ADJUDGED and DECREED that requests for further portions of
CIDR 195 1 will require a separate request; separate motion for protective order and protective
order;

IT IS FUTHER ORDERED, ADJ UDGED and DECREED that a protective mask or watermark,
as described in CIDR 195 1 shall be placed on any documents governed by this protective order
whether the documents are exchanged electronically (PDF) or in hardcopy (paper) format.

IT IS SO ORDERED, this day of October 2012.

Denise R. Lind
COL, A
Chief Judge, Judicial Circuit

29030

UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE
UNITED STATES OF AMERICA
v.
Manning, Bradley E.
PFC, U.S. Army,
HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211

)
)
)
)
)
)
)
)
)

Government Motion
for Protective Order
Enclosure 2
10 October 2012

UNCLASSIFIED//LAW ENFORCEMENT SENSITIVE

29031

Appellate Exhibit 339
Enclosure 72
Enclosutre 2 scaled
18 pages
ordered sealed for Reason 6
Military Judge's Seal Order
dated 20 August 20 13
stored in the original Record
of Trial

UNITED STATES OF AMERICA
v.

Manning, Bradley E.

PFC, U.S. Army,

HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211



29032

Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial
Enclosure 73

10 October 2012





29033
FOR OFFICIAL USE ONLY

DEPARTMENT OF THE ARMY
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
210 A STREET
FORT LESLEY J. MCNAIFI, DC 20319-5013

REPLY TO
ATTENTDN OF

ANJA-CL 3 July 2012

MEMORANDUM THRU Staff Judge Advocate, United States Cyber Command (LTC Gumbs),
Fort George G. Meade, MD 20755-6000

FOR Commander, United States Cyber Command, Fort George G. Meade, MD 20755-6000

SUBJECT: Request to Search and Preserve Records - United States v. PFC Bradjev Manning

1. PURPOSE. The U.S. Army Prosecutors in the above-referenced case (?prosecution?) hereby
make a two-fold request to the United States Cyber Command (?Command?). First, the
prosecution requests that your Command conduct a thorough and comprehensive search of its
records for information which concerns or references PFC Manning and/or WikiLeaks,
including certain information, detailed below, which directly implicates the evidence in the
above-referenced ease. Secondly, the prosecution requests that your Command take all
reasonable and necessary steps to preserve any responsive files gathered as a result of your
search for information.

2. CRIMINAL CHARGES. PFC Manning is the subject of an ongoing criminal prosecution
based on the alleged illegal collection and disclosure of national defense and foreign relations
information to the WikiLcaks organization. PFC Manning is currently charged with multiple
violations of federal law under the Uniform Code of Military Justice (UCMJ), including
violations of 18 U.S.C. 793, 18 U.S.C. 1030, and 18 U.S.C. 641. PFC Manning is also
charged with Aiding the Enemy by Giving Intelligence, in violation of 10 U.S.C. 904.
Enclosure 1. PFC Manning was apprehended by the U.S. Army Criminal Investigation
Command in Iraq on May 27, 2010 and has been in pretrial con?nement since May 29, 2010.
WikiLeaks released national defense and foreign relations infomtation allegedly provided to
them by PFC Manning on the intemet.

3. BACKGROUND. PFC Bradley Edward Manning is an enlisted member of the United States
Army. He was born on December 17, 1987, and his Social Security Number is?. He
has been associated with the following physical addresses:
Forward Operating Base Hammer, Iraq, APO AE 09308; and Headquarters
and Headquarters Company (HHC), 2d Brigade Combat Team (BCT), 10th Mountain Division
(Light Infantry), Building 10200, Fort Drum, New York, 13602. PFC Manning is also believed
to be associated with the name Breanna Elizabeth Manning and the following means of

communication:

a. Email:



FOR OFFICIAL USE ONLY



FOR OFFICIAL USE ONLY


SUBJECT: Request to Search and Preserve Records - United States v. PFC Bradley Manniruz



Social Networking:
bradlcyemanning
bradass87
bmanningfm
Brcanna Manning
Bradley Manning
Dawgnetwork

IP Addresses:
22.225.41.22
22.225.41.40
71.190.140.39

4. SEARCH REQUEST. As indicated above, the prosecution requests that you conduct an
immediate and thorough prudential search of your records for the information provided above,
and also for any information directly concerning PFC Manning, including but not limited to any
documents that discuss damage or harm caused by PFC Manning and WikiLealmeasures considered or taken in response to the activities of PFC Manning and WikiLealsearch for WikiLeaks related information should be limited to all records from November 1,
2009 to the present associated with the disclosure of classi?ed information to WikiLeaks, the
possession of classified information by WikiLealby WikiLeaks.

5. PRESERVATION REQUEST. As stated above, the prosecution requests that you preserve
all responsive documents and information, including data stored on electronic media, gathered as
a result of your search for infonnation detailed above. If you are unsure whether certain
materials should be preserved, please err on the side of caution and preserve the materials.
Failure to preserve and retain any pertinent materials. electronic or otherwise, may result in
sanctions against the United States, based on PFC Manning?s rights under Article 46, UCMJ, the
Rules for Courts-Martial, and applicable case law.

6. SUSPENSE. This request is designed to allow the prosecutors to assess the totality of
information available and held as records by other government agencies. It is not intended to,
nor should it be interpreted as, ascribing any legal relevance, including whether such information
may be provided in discovery. to the information requested. The prosecutors require such
materials immediately. In order to expedite this process, please provide the reguested
information that is or by 10 Jgy
2012, on a CD or DVD. Any information classi?ed or controlled as ?sensitive

2
FOR OFFICIAL USE ONLY

29034



29035
FOR OFFICIAL USE ONLY

ANJA-CL
SUBJECT: Request to Search and Preserve Records - United States v. PFC Bradley Ma

compartmented infonnation?, should be made available for inspection. We anticipate making
future requests as the need arises, and speci?cally before the trial, if the case is referred to court-
manial.

7. In the summer of 20] l, the prosecution sent similar requests to other organizations within the
United States Government and Department of Defense. We did not send a request to your
Command because, at the time, we did not have a good faith basis to believe documents existed
within your Command, except for the classification review for which the prosecution previously
produced to the defense and another document which your Command created based on the
prosecution's request and which we have already requested in a separately.

8. On 22 June 2012, the Court ordered the prosecution to ?seek out and identify such files [under
the possession, custody, or control of military authorities] regarding PFC Manning that involve
investigation, damage assessment, or mitigation measures.? _S_eg Enclosure 2. Further, the Court
ordered the prosecution to disclose ?to the defense any information that is obviously material to
the preparation of the defense.? Q, The Court ordered the prosecution to complete its review of
such files by 20 July 2012. _S_e_e On 23 June 2012, the defense requested the Court clarify
which organizations are under the "possession, custody or control of military authorities" and in
that filing, listed your Command. See Enclosure 3. On 27 June 2012, the defense clarified by
email that it considered your Command as part of its request. Enclosure 4. Although your
Command was neither referenced in the Court's Ruling nor the basis of any prior defense
discovery request, the prosecution now considers your Command part of the Ruling. The
prosecution requests an expedited suspense to avoid any delay in the proceeding.

9. The point of contact for this request is CPT Hunter Whyte at



4 Encls ASHDEN FEIN
1. Charge Sheet, 1 March 2011 JA
2. Court Ruling. 22 June 2012 Trial Counsel

3. Defense Filing, 23 June 2012
4. Defense Email, 27 June 2012

3
FOR OFFICIAL USE ONLY

UNITED STATES OF AMERICA
v.

Manning, Bradley E.

PFC, U.S. Army,

HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211



29036

Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial
Enclosure 74

10 October 2012

29037

UNITED STATES
DEFENSE REQUEST TO
v. COMPEL DISCOVERY
Bradley E.. PFC

U.S. Army.

Headquarters and Headquarters Company, U.S.
Army Garrison, Joint Base Myer-Henderson Hall.
Fort Myer. VA 2221]

DATED: 17 February 201 I



I. INTRODUCTION

I. In accordance with the Rules for Courts-Martial (R.C.M.) 405(f)( l0) and Manual for
Courts-Martial, United States, 2008, Article 46, Uniform Code ofMilitary Justice and the Fifth
and Sixth Amendments to the United States Constitution, defense counsel in the above entitled
case respectfully request that the Investigating Officer compel discovery.

ll. BACKGROUND

2. PFC Bradley Manning is charged with various offenses under Article 92 and Article 134 of
the UC M1. The gravamen of the offenses deal with the incorporation, under Article I34. of the
Espionage Statute I8 U.S.C. 793(e) and Computer Fraud Statute 18 U.S.C. 1030(a)(l) and
The charges were preferred on 5 July 2010.

3. Lieutenant Colonel (LTC) Craig Merutka, was appointed to investigate the charges against
Private First Class (PFC) Bradley Manning on 6 July 2010. On 10 July 2010, LTC Merutka

notified the defense that it was his intent to begin the Article 32 Investigation on 14 July 2010.
The investigating officer informed the defense that he would consider the following evidence:

a. Memorandum from United States Army Criminal Investigation Command, Computer
Crime Investigative Unit. dated 23 June 2010. (not provided to the defense)

b. Official Military Personnel File of PFC Manning. (provided to the defense on 22
October 2010)

c. Chat Logs between and bradass87 (not provided to the

defense)
i. Session l, beginning 7:18:03 AM by bradass87 and ending 1:55:28 PM, pages 1-5
ii. Session 2. beginning l0:l 3:20 AM by bradass87 and ending 4:55:16 PM, pages l-ll
Session 3, beginning l2:24:O4 PM by bradass87 and ending 5:47:10 PM, pages 1-1 1

29038

d. Chat logs between info@adrianlamo.com and bradass87 beginning on 25 May 2010 at
20:30:25 03:00 and ending 27 May 2010 at 15:00:04 - 03:00, pages 1-41 (not provided to the
defense) .

e. CID report ofinvestigation with exhibits 1-38.
pages 1-131 (partially provided to the defense on 22 October 2010)

f. Sworn Statement by Adrian Lamo, 13 June 2010, pages 1-7 (provided to the defense
on 22 October 2010)

g. Electronic mail messages from PFC Manning to Erick Schmiedl dated 20 May 2010
(provided to the defense on 22 October'2010)

4. The defense requested a delay in the Article 32 in order to conduct a R.C.M. 706 evaluation
of PFC Manning on 1 1 July 2010. This request was denied by LTC Merutka on 11 July 2010.
On 12 July 2010, the defense renewed its request for a delay and requested that LTC Merutka
reconsider his earlier ruling. After considering the request, LTC Merutka approved the delay
request on 12 July 2010. The authorized delay was from 14 July until 26 July 2010. On that
same day, LTC Merutka notified the defense that he would consider the following two additional
pieces of evidence.

a. Memorandum from United States Army Criminal Investigative Command, Computer
Crime Investigative Unit, dated 29 June 2010, CAF 0028-10-CID361 ROI 0028-10-
CID221-101 17. Forensics Report for PFC Manning?s Personal Computer, with appendices A-D.
(not provided to the defense)

b. Memorandum from United States Army Criminal Investigative Command. Computer
Crime Investigative Unit, dated 1 July 2010, CAP 0028-10-C1D361 ROI 0028-10-CID221-
101 17, Forensics Report for Mr. I.amo?s Personal Computer, with appendices A-F. (not
provided to the defense)

5. On 12 July 2010, the former convening authority, Colonel (COL) David M. Miller, approved
the delay request until 16 August 2010 for the purposes of the R.C.M. 706 board.

6. On 28 July 2010, Major General (MG) Terry A. the case Bradley
Manning to MG Karl R. Horst, the Commander, US Army Military District of Washington for
his disposition. Major General Horst accepted the transfer o_f the case and released the
disposition ofthe case to Colonel (COL) Carl R. Coffman Jr. On 3 August 2010, COL Coffman
ordered a R.C.M. 706 examination of PFC Manning. On 4 August 2010, LTC Paul Almanza
was appointed by the convening authority as the new investigating officer. The defense has not
yet been notified what, if any. additional information has been provided to the investigating
officer. On 1 1 August 2010, the defense submitted a delay request until completion of the
R.C.M. 706 board. On 12 August 2010, C01. Coffman approved the delay from 11 August 2010
until the completion ofthe R.C.M. 706 board.



29039

7. On 29 October 2010, the defense submitted a request for discovery. See Attachment A. As
of 17 February 201 1, the defense has not received a response from the government. On 15
November 2010, the defense submitted a request for discovery. See Attachment B. As of 17
February 201 1, the defense has not received a response from the government. On 8 December
2010, the defense submitted a request for discovery. See Attachment C. As of 1 7 February
201 1, the defense has not received a response from the government. On 10 January 201 1, the

- defense submitted a request for discovery. See Attachment D. As of 17 February 201 1, the

defense has not received a response from the government. On 19 January 201 l. the defense
submitted a request for discovery. See Attachment E. As of 17 February 201 l. the defense has
not received a response from the govemment. On 16 February 201 1, the defense submitted a
request for discovery. See Attachment F. As of 17 February 201 1, the defense has not received
a response from the government.

8. The items requested for discovery are material to the preparation of the defense case. The
defense team needs information in order to forge ahead to trial. Without the requested discovery.
any Article 32 Investigation will be de?cient. See R.C.M. 905(b)(l) and 906(b)(3) concerning
motions for appropriate reliefrelating to the pretrial investigation. -

Ill. DISCUSSION

9. Under R.C.M. 405 and 701, the defense may request materials that are within the possession,
custody, or control ofmilitary authorities. This motion renews the defense?s request for the
previously mentioned items in Attachment A through F, and all other evidence in the
government?s possession as well as evidence that they are obligated by law, upon defense
request, to retrieve from other government agencies and entities outside oftheir immediate
office. United States v. Williams, 50 M.J. 436 (C.A.A.F. 1999).

10. The Government should allow the defense to inspect any and all documents, tangible items,
and reports, within the Government?s control, which are material to the defenses preparation.
R.C.M. and 701(a). Additionally, the defense is entitled to ?examine
all other evidence considered by the investigating officer.? R.C.M. The standard
set out in R.C.M. 405 and R.C.M. 701 requires the government to tumiover items that are within
the ?Government?s control? this means that the Trial Counsel, upon defense request, has an
affirmative obligation to seek out requested evidence that is in the possession ofthe government
even if that evidence is not already in the immediate possession of the trial counsel. United
States v. Williams, 50 MJ. 436, 441 (C.A.A.F. 1999). The ?prosecutor will be deemed to have
knowledge of and access to anything in the possession, custody, or control of any federal agency
participating in the same investigation ofthe defendant.? United States v. Bryan, 868 F.2d 1032,
1036 Cir. 1939); Williams. 50 MJ. at 441.

1 1. Furthermore, R.C.M. 405(g)( )(B)and 703(a) establishes the standard for discovery in
military courts: the prosecution and defense ?shall have equal opportunity to obtain witnesses
and evidence." See, also, Article 46, UCMJ. To ensure that R.C.M. 405 and 703 will have
meaning at trial, ?[e]ach party shall have adequate opportunity to prepare its case and equal
opportunity to interview witnesses and inspect evidence.? R.C.M. 70l(e). The accused is

29040

entitled to inspect both exculpatory and inculpatory evidence. Brady v. Maryland, 373 US. 83
(1963); United States v. Kern, 22 49, 51 (C.M.A. I986). Construing the due process clause,
the Supreme Court, in the seminal case ofBrady v. Maryland established a duty ofdisclosure of
evidence favorable to the defense: ?the suppression by the prosecution of evidence favorable to
an accused upon request violates due process where the evidence is material, either to guilt or
punishment, irrespective ofthe good faith or bad faith of the prosecutor." Brad); v. Maryland.
373 US. 83, 87 (1963). As the numerous cases deciding Brady v. Maryland claims indicate,
?favorable? is not the same as evidence that proves the defendant to be totally innocent or
establishes an unshakable alibi. Anything that tends to assist the defense or cast doubt on the
govemment?s case is ?evidence favorable to an accused.? See generally, Army Regulation 27-
26, paragraph United States v. Kinzer, 39 MJ. 559, 562 (A.C.M.R. United States
v. Adens, 56 MJ. 724 (A.C.C.A. 2002).

12. Military courts recognize ?a much more direct and generally broader means of discovery by
an accused than is normally available to him in civilian courts.? United States v. Reece, 25 MJ.
93, 94 (C.M.A. 1987). Regarding discovery, ?military law has been preeminent,jealously
guaranteeing to the accused the right to be effectively represented by counsel through affording
every opportunity to prepare his case by openly disclosing the Govemment?s evidence.? United
States v. Enlue, 35 C.M.R. 228, 230 (C.M.A. 1965). The only restrictions placed upon liberal
defense discovery are that the information requested must be relevant and necessary to the
subject of the inquiry, and the request must be reasonable. Reece, 25 at 95.
of the relevance and necessity of defense requested evidence should be made
by the court. not ex parte by the prosecutor.? Id. at 94 n. 4. According to the Court of Military
Appeals, the Military Rules of Evidence establish ?a low threshold of relevance.? Id. at 95.
Relevant evidence is ?any ?evidence having any tendency to make the existence of any fact that
is ofconseq uence to the determination ofthe action more probable or less probable than it would
be without the evidence.? Id. at 95, quoting Military Rule of Evidence (M.R.E.) 40]. In
addition, the Court of Military Appeals stated in United States v. Hart, 29 M.J. 407, 410 (C.M.A.
1990):

In his opinion at the court below, Judge Gilley adopted the premise that, under
Article 46, discovery available to the accused in courts~martial is broader than the
discovery rights granted to most civilian defendants. From this, he correctly
reasoned that, where prosecutorial misconduct is present or where the
Govemment fails to disclose information pursuant to a specific request, the
evidence will be considered ?material unless failure to disclose? can be
demonstrated to ?be harmless beyond a reasonable doubt.? Where there is no
request or only a general request, the failure will be ?material only ifthere is a
reasonable probability that? a different verdict would result from disclosure ofthe
evidence. 27 MJ at 842. We agree with Judge Gilley.

3. in accordance with these rules and law, the defense has requested the opportunity to inspect
or receive copies of the items listed in the multiple defense discovery requests. Thus far, the
government has provided limited discovery to the defense and has failed to respond in writing to
any ofthe defense discovery requests. The Defense is unable to adequately prepare its case for
the Article 32 without disclosure ofevidence by the government. The defense needs the

29041

govemment replies in order to effectively enforce PFC Manning?s due process right to a
thorough and impartial investigation ofthe charges.

14. Due to the govemment?s failure to provide adequate discovery, it is unrealistic for it to claim
that it would be prepared to proceed with the Article 32 on 15 March 201 l. The defense requests
that the government provide the requested discovery by 1 March 201 so that we may be
prepared to proceed without the need for an additional delay. Ifthe requested discovery is not
provided by March 201 1, the defense requests that any subsequent delay be credited to the
government.

IV. RELIEF REQUESTED

15. Pursuant to the Fifth and Sixth Amendments to the United States Constitution, Article 46
UCMJ, R.C.M. 405, 701, and 906(b)(7). the Defense requests the Investigating Officer to issue

an order compelling discovery.

EDWARD OOMBS


Civilian Defense Counsel





\x

A copy ofthis request was served on Trial Counsel and the Investigating Officer by e-mail on 17
February 20] 1.

.r I,
ID EDWARD COOMBS
Civilian Defense Counsel

29042

UNITED STATES
DEFENSE DISCOVERY
REQUEST

MANNING. Bradley EX. PFC
US. Army.
Headquarters and Headquarters Company. US.

Army Garrison. Joint Base Myer-Henderson Hall.
Fort Myer. VA 2221

DATED. 29 October 2010



l. in accordance with the Rules for Courts-Martial and the Military Rules of
Evidence. Manual for Courts-Martial. United States, 2008, Article 46.
Uniform Code ofMilitary Justice, and other applicable law. request for
discovery is hereby made for the charged offenses in the case of United States
v. Bradley E. Manning.

a. A copy of any handwritten._ typed or recorded statements by the accused or
any other potential witness in connection with the investigation of this case
made to representatives of the government to include summaries of
conversations with representatives of the government. which were not
attached as allied papers at the time the charges were preferred.

b. The contents of all statements, oral or written. made by the accused that
are relevant to the case. known to the trial counsel, and within control ofthe
armed forces. The defense speci?cally requests that any statement made by
the accused that the trial counsel intends to introduce into evidence be
reduced to writing and disclosed to the defense. The defense needs these
statements in written form in order to prepare motions to suppress under
The defense also requests any derivative evidence be
disclosed to the defense IAW M.R.E. ?Speci?cally, defense
requests the complete Instant Message chat log and any emails allegedly sent
between PFC Manning and Mr. Adrian A. Lamo.

c. Disclosure of all evidence seized from the person or property ofthe
accused. whether believed to be owned by the accused or anyone else. that the
prosecution intends to offer into evidence against the accused at trial.
?Speci?cally. defense requests the results of any examination of computers
allegedly used or owned by PFC Manning. and for the govemment to make
the hard drives from these computers accessible to the defense computer
forensic expert Mr. Eric Lakes ofCyber Agents lnc., 128 Southland Drive.
Lexington, Kentucky. 40503.



29043

Defense Discovery Request PFC Bradley E. Manning

cl. Copies of all medical and mental reports relating to the accused.
*Specifically, the defense requests copies of any behavioral health
assessments of PFC Manning both before, during, and after the deployment to
Iraq.

e. Any known evidence tending to diminish credibility of any witness
including. but not limited to, prior convictions under M.R.E. 609, evidence of
other character, conduct- or bias bearing on witness credibility under M.R.E.
608. Speci?cally, the defense requests the name and contact information for
any law enforcement agent working with Mr. Adrian A. Lamo. See Brady v.
Maryland. 373 U.S. 83 (1963); United States v. Agurs, 427 U.S. 97 (1976).
The defense also requests any other evidence in the possession ofthe
govemment favorable to the accused, or tends to negate the guilt ofthe
accused of any offense charged, or reduce the punishment for any offense
charged.

f. The names and contact information for all government investigators who
have participated or are presently participating in the investigation ofthe
case.

g. Any evidence of other crimes, wrongs, or acts which the prosecution seeks
to introduce for any purpose whatsoever. See M.R.E.

h. All personal or business notes, memorandums, and writings prepared by
investigators in said case which are not furnished pursuant to any other
provisions ofthis request.

i. The military status of all witnesses. Where applicable. the defense requests
the date of separation from the Army, and the discharge provisions used to
effect such discharge if for other than completion ofthe obligated term of
service. Pursuant to M.R.E. 301(c)(2), disclosure is requested of any
immunity or leniency pertaining to witnesses or potential witnesses.

j. The Tactical Sensitive Compartment Information (T-SCIF) accreditation
packet for FOB Hammer. The SOP for the T-SCIF at FOB Hammer. The
name and Contact information for the security manager at the T-SCIF at FOB
Hammer. A copy ofthe Security Classification Guide (SCG) for the T-SCIF
at FOB Hammer. PFC Manning?s training records related to his MOS. Any
documentation PFC Manning has signed dealing with information security.
A list of any refresher training or in?country training PFC Manning has
received on information security.

it. Any evidence of prior Article 15 action, civilian or military convictions,
and adverse administrative actions relating to any ofthe government's

l?J



29044

Defense Discovery Request PFC Bradley E. Manning

witnesses. defense witnesses, or the accused. Any evidence that the
government intends to use for impeachment purposes of the accused. or any
other witness. This includes any character evidence the government intends
to introduce at trial under M.R.E. 404.

l. A list of all witnesses the prosecution intends to call during the Article 32
along with their addresses and phone numbers and copies of all prior written
statements.

m. Copies of all business and official records which the prosecution intends
to introduce either during the Article 32 or at trial.

n. A list of all exhibits the government plans to utilize at the Article 32 or at
trial.

0. Any evidence, testimony, or witnesses the government intends to use at
the Article 32 or at trial that have been obtained through grants of immunity,
or any other concessions being granted to a witness, the content of such
testimony or evidence. and the terms of any such grants ofimmunity or
concessions.

p. All documents, memoranda, or records of conversations pertaining to this
case, whether prepared by investigators, commanders, convening authority or
any other person. The request in this paragraph includes but is not limited to:

1) A compete copy ofthe CID file(s) (including but not limited to the so-
called "right" and "left side") interviews,_notes, and Agent Activity
Summaries or any other ?les maintained by a law enforcement agency at Fort
Myer, Fort Drum, Contingency Operating Station Hammer, or any other
installation that participated in the investigation ofthis case.

(2) A complete copy of any other documents or files pertaining to the
above named individual.

(3) A complete copy of any emails or memorandums relating to the
preferral of charges in this case or to the level of court-martial.

q. Any writings used to refresh the memory of any govemment witness.
M.R.E. 612.

r. Copies of the report concerning the polygraph examinations administered
to any person related to this case. This includes copies of statements taken
after the polygraph exam.



29045

Defense Discovery Request PFC Bradley E. Manning

s. A copy of any Freedom of Information Act (FOIA) request and any
response or internal discussions of any such OIA request that is related to
the classified video charged in Speci?cation 1, Charge I and Specificationl.
2, and 5 ofCharge II.

2. The defense requests that the government informs the defense counsel ifit
does not intend to comply with any specific provision ofthis request.

3. It is understood that this is a continuing request.

4. A copy ofthis request was served on Trial Counsel by email on 29
October 2010.


DAVID EDWARD COOMBS
Civilian Defense Counsel

29046

STATES
DEFENSE DISCOVERY
REQUEST

MANNING. Bradley 5. PFC

U.S. Amt}.

Headquarters and Headquarters ompany. US
Army Garrison. Joint Base Myer-Henderson Hall.
Fort Myer. VA 22211

15 November 2010

1. In accordance with the Rules for Courts-Martial and the Military Rules of
Evidence. Manual for Courts-Martial. United States. 2008, Article 46.
Uniform Code of Military Justice. and other applicable law, request for
supplemental discovery is hereby made for the charged offenses in the case of
United States v. Bradley E. Manning.

2. The defense requests that the government respond to each item listed in its
29 October 2010 discovery request and the following additional discovery:

a. The names and contact information for all government investigators who
have Participated or who are presently participating in the investigation ofthe
case. previously requested on 29 October 20l0. Specifically, the names of
the investigators and an inventory of the items seized from the home ofMs.
Debra Van on 2
November 20l 0. Additionally. a list ofitems seized from Mr. David House
and a copy of all reports or analysis of the items seized by the Department of
Homeland Security, the Federal Bureau oflnvestigation (FBI). or any other
government agency on 3 November 2010. Finally. a copy ofall field
interviews and reports conducted by the or any other govemmental
organization involving witnesses from Boston. Massachusetts or any other
city from 24 May 2010 to the present involved in this case.

b. The entire counseling packet for PFC Manning. Speci?cally. any
counseling or assessments done of PFC Manning by his chain ofcommand.
MSG Paul Adkins. CPT Casey Martin. SSG Peter Bigelow. CPT Matthew
Freeburg. or ISG Mark Woodworth.

c. All Behavioral Health Assessments (BHA) or mental evaluations
Manning, previously requested by the defense on 29 October 2010. The
defense requests any assessment by CAPT Kenneth J. lverson, CAPT Bruce
Balfour, CAPT William Hocter. CPT Eden Critchfield, CPT [)ale Hill or any
other individual who has evaluated or commented on PFC Manning?s mental
state at any time. Specifically. the defense requests the 22 May and 28 May

29047

Defense Discovery Request - PFC Bradley E. Manning

2010 BHA. and all assessments for POI recommendations to the Quantico
Con?nement Facility.

d. Any and all documents or emails considered by CPT Kevin Ley as the
military magistrate to support his search and seizure authorizations.

e. Recorded video footage of when PFC Manning collapsed in con?nement
as referenced at 000095 and any other recorded audio or video footage of
PFC Manning while in con?nement either in Iraq, Kuwait, or the United
States.

f. Network logs for all computers searched by CPT Thomas Cherepko or any
other govemment employee or investigator as referenced at 000186-87.

g. The application, Security and System Network logs obtained from PFC
Blake Dudley as referenced at 0000i 87.

h. The results of SA Calder Robertson Ill and SA David Shaver?s
analysis of any computers analyzed in this case as well as copies of any
investigative notes or assessments by Computer Crimes lnvestigative Unit
(CCIU). Additionally, the names ofall individuals from the CCIU or any
other government agency that have performed or are performing any
computer forensic analysis in this case.

i. All documentation or information provided by the government to LTC
Craig Merutka. Specifically, copies of the chat logs referenced at 000455 and
copies of the CC IU reports referenced at 000463.

j. The results of inquiry/investigation and all discussions and assessments
done in compliance with Department of Defense Directive
DOD Directive 5200.] Chapter 10, DOD DOD Instruction
5240.4, and Executive Order 13526. Speci?cally, the defense requests the
answers to the following required investigative determinations by the above
Directives. Instruction, and Executive Order: When, where, and how
did the incident occur? What persons, situations, or conditions caused or
contributed to the incident?? What classi?ed information was compromised??
If a compromise occurred, what speci?c classified information andfor
material was involved? If classified information is alleged to have been lost.
what steps were taken to locate the material? In what specific media article
or program did the classi?ed information appear? To what extent was the
compromised information disseminated?? Was the information properly
classi?ed?? Was the information oflicially released? Are there any leads to
be investigated that might lead to identi?cation of the person(s) responsible
for the compromise??





Defense Discovery Request a PFC Bradley E. Manning

k. The defense also requests copies of any notification to the Original
Classi?cation Authorities (OCA), the contact information for the OCAS, and
the required answers by DOD Directive that states when noti?ed of the
compromise of classi?ed infonnation or material, the original classi?cation
authority for that information or material shall: Verify the classi?cation and
duration Ofclassi?cation initially assigned to the information; Reevaluate the
classi?cation of the information to determine whether the classi?cation
should be continued or changed; and complete a damage assessment in
accordance with DOD Instruction and Directive. The veri?cation,
reevaluation and damage assessment process is required by DOD Directive to
be completed as soon as possible following noti?cation Of a compromise.

3. The defense requests that the government informs the defense counsel if it

does not intend to comply with any speci?c provision ofthis request.

4. It is understood that this is a continuing request.

5. A copy ofthis request was served On Trial Counsel by email on 13

November 2010.
I


DAVID EDWARD coomiss
Civilian Defense Counsel



29048

29049

UNITED STATES
DEFENSE DISCOVERY
REQUEST

MANNING. Bradley E.. PFC
u.s. Army.
Headquarters and Headquarters Company. US.

Army Garrison. Joint Base Myer-Henderson Hall.
Fon ;\lyer. VA 222]]

8 December 2010



1. In accordance with the Rules for Courts-Martial and the Military Rules of Evidence.
Manual for Courts-Martial. United States, 2008. Article 46. Uniform Code of Military
Justice. and other applicable law. request for supplemental discovery? is hereby made for
the charged offenses in the case of United States v. Bradley E. Manning.

2. The defense requests that the government respond to each item listed in its 29 October
and 5 November 2010 dist.?0very requests and the following additional discovery:

a) The names and contact information for all government investigators who have
participated or who are presently participating in the investigation ofthe case. previously
requested on 29 October and 5 November 2010. Specifically. contact information for
SA Hyung Kim from the Department of Defense and SA Richard Bowen from the Army
Computer Crimes Unit and an inventory ofthe items seized from the home of Paul
rancia at 601 Hazelwood Terrace. Rochester, .New York 14609.

b) All forensic results and investigative reports by the Department of State regarding the
infomtation obtained by Wikileaks as referenced by- Assistant Secretary of State for
Public Affairs PJ. Crowley. Additionally. any specific damage assessment by the
Departmentof State regarding the disclosures ofthe diplomatic cables by WikiLeaks.
Any assessment, report. e-mail. or document by Secretary of State Hillary Rodham
Clinton regarding the disclosures ofdiplomatic cables by Wikileaks. Any report. e-mail.
or document discussing the need for the State Department to disconnect access to its files
from the govemments classi?ed network.

All forensic results and investigative reports by the Department of Defense regarding
the information obtained by Wikileaks and the results ofany joint investigation with the
Federal Bureau of Investigation (FBI) as referenced by Secretary? of Defense Robert
Gates. Additionally, any specific damage assessment by the Department of Defense
regarding the disclosure ofclassified documents and videos. the subject ofthis case. by
WikiLeaks.

29050

Defense Discovery Request PFC Bradley E. Manning

d) Any and all documentation related to the Department oflustice investigation into the
alleged leaks by WikiLeaks as referenced by Attomey General ofthe United States Eric
H. Holder.

e) Any and all documentation related to President Barack H. Obama?s order for an
investigation and a government wide?review ofhow agencies safeguard sensitive
information. Additionally. any and all documents related to the steps the administration
is considering regarding these leaks and the nature of the criminal investigation underway
into how the documents were made public as referenced by Robert Gibbs, the White
House spokesman.

t) Any assessment given. or discussions concerning. the Wikileaks disclosures by any
member ofthe government to President Obama. Any e-mail, report, assessment,
directive. or discussion by President Obama to the Department of Defense. Department of
State or Department of Justice.

g) Any and all documents relating to the Government Task Force created to review the
various WikiLeaks releases for potentially damaging information prior to the actual
releases. This Task Force apparently had over 120 members reviewing the documents
that were either released or pending release to determine the possible harm to national
security. -

h) The results of any investigation or review by Mr. Russell Travers who has been
appointed by President Obama to head an interagency committee assigned to assess the
damage caused WikiLeaks exposures and to organize efforts to tighten security measures
in government agencies.

i) Any and all documentation related to the Pentagon?s review on the policy and
technological shortfalls that led to the WikiLeaks disclosures as referenced by Pentagon
spokesman Bryan Whitman.

j) Any and all documentation related to the Central Intelligence Agency (CIA)
investigation of Wikileaks announced by CIA Director Leon Panetta and any internal or
external memorandums addressing the investigation ofwikileaks, PFC Bradley Manning
or the nature of the Office ofSecurity?s investigation into these matters. -

k) Any and all documentation relating to the government?s position oftaking a hard line
on unauthorized leaks of information, as demonstrated by the prosecutions ofa former
National Security Agency official, a Federal Bureau of Investigation linguist. and a State
Department contractor and referenced by CIA Director Leon Panetta. Additionally, any
and all memorandums, e?mails. or other references by Congressmen. Senators. or
government officials concerning the disposition ofthis case or the need to punish PFC
Bradley Manning.



29051

Defense Discovery Request Bradley E. Manning

1) Any and all documentation. e-mails. or reports given to the Summary Court-Martial
Convening Authority, the General Court-Martial Convening Authority, or the Staffludge
Advocate concerning the disposition of PFC Bradley Manning?s case or the nature ofthe
charges or possible charges against PFC Manning. Speci?cally, any attempt to in?uence
the independent discretion of anyone involved in the militaryjustice process.

m) Any and all documents or observation notes by employees ofthe Quantico
con?nement facility relating to PFC Bradley Manning.

rt) The results ofthe 15-6 investigation into the govemmenfs improper release of
classi?ed information to the defense. Whether the 15-6 investigating officer looked into
the following additional potential spillage:

i. The disc allegedly found in PFC Manning?s Room indicated the contents were
SECRET. A photo ofthe disk can be found at 000293. Was the title on the disk

classi?ed or not?

ii. The photos of the T-SC IF show a map in the background that was partially
exposed (000301 and 000302).

The snapshots of the computer screens in the T-SCIF were exposed. Was there
classi?ed information being viewed on the screen?? (000305 and 000306).

iv. The snapshots ofthe computers had documentation on the table appear to show
classified information. (000333. 000334, and 000335).

v. Was the investigating officer made aware ofthe government disclosure ofthe
original five discs to the military defense counsel?

3. The defense requests that the government inform the defense counsel if it does not
intend to comply with any specific provision ofthis request.

4. It is understood that this is a continuing request.

5. A copy ofthis request was served on Trial Counsel by e-mail on 8 December 2010.

DAVID EDWARD CO .

Civilian Defense Counsel

29052

Anny Garrison. Joint Base Myer-Henderson Hall, DATED: l0 January 201

Fort Myer. VA 222] 1

UNITED STATES
it DEFENSE DISCOVERY
v. REQUEST

Bradley E.. PFC
U.S. Anny,
Headquarters an ea quarters Company. U.S.



1. In accordance with the Rules for Courts-Martial and the Military Rules of Evidence.
Manual for Courts-Martial. United States, 2008. Article Uni fomt Code of Military
Justice, and other applicable law. request for supplemental discovery is hereby made for
the charged offenses in the case of United States v. Bradley E. Manning.

2. The defense requests that the government respond to each item listed in its previous
discovery requests on 29 October. 15 November, and 8 December 2010 and to also
respond to the following additional discovery:

a) Any information relating to 8 U.S.C. 2703(d) order or any search warrant by the
govemment of Twitter. Facebook. Google or any other social media site. Any metadata,
MD5 hash marks or other unique identifying infonnation obtained from the 2703(d) order
or search warrant.

b) The results and all supporting documents for the investigation conducted by LTG
Robert Caslen Jr. The report is directed by the Secretary of the Amiy John McHugh and
is supposed to be completed by 1 February 201 1. It will address how PFC Bradley
Manning was selected for his job. how he was trained. whether his superiors missed
waming signs that he was downloading documents that he did not need to read and how
PFC Manning allegedly released the documents.

C) Results of any inquiry and testimony taken by House of Representative oversight
committee led by Representative Darrell lssa. The committee is due to look into
Wikileaks. the actions ofAttomey General Eric Holder. and the investigation ofPF
Bradley Manning.

d) A copy of all Agents Investigation Reports maintained under CID Regulation 195-l
not previously provided to the defense. A copy of all agent notes. other govemmental

investigative reports. and swoni statements.

3. The defense requests that the government inform the defense counsel if it does not
intend to comply with any speci?c provision of this request.

4. It is understood that this is a continuing request.

29053

Defense Discovery Request PFC Bradley E. Manning
5. A copy of this request was served on Trizil Counsel by e-mail on 10 January 201 I.


6
vm EDWARD

Civilian Defense Counsel

IJ

29054

UNITED STATES
DEFENSE REQUEST TO
PRESERVE EVIDENCE

V.

MANNIN
U.S. Army.
Headquarters and Headquarters Company, US.

Army Garrison, Joint Base Myer-Henderson Hall.
Fort Myer. VA 2221

DATED: 19 January 201]

I. In accordance with the Rules for Courts-Martial (R.C.M.) 70l(a) and Manual for
Courts-Martial, United States, 2008, Article 46. Uniform Code of Military Justice, and
other applicable law. defense counsel in the above entitled case respectfully request that
the US. Government preserve the confinement facility video tape ofthe alleged
disruptive behavior of PFC Bradley Manning and provide a copy to the defense for its
inspection.

2. On 18 January 201 l. the defense was notified that PFC Manning, at the direction of

W04 James Averhart, was placed in suicide prevention. This decision was made over
the recommendations of Capt. William Hocter and the defense appointed expert Capt.
Kevin Moore. When PFC Manning was being ordered to surrender his clothes, the Brig
made the decision to videotape this event along with an interrogation of PFC Manning by
W04 Averhart and others.

3. In accordance with R.C.M. 701 ?[e]ach party shall have equal opportunity to
inspect evidence.? Defense counsel is requesting an equal opportunity to inspect the
video tape. The defense believes this evidence will support a motion for credit for
unlawful pretrial punishment under Article 13, Uniform Code of Military Justice
(UCMJ).

4. Defense counsel respectfully request the Government preserve the video and provide
a copy to the defense

5. A copy ofthis request was served on Trial Counsel by email on 19 January 201 1.



VID EDWARD COOMBS
Civilian Defense Counsel



29055

UNITED STATES
DEFENSE DISCOVERY
REQUEST

MANNING. Bradley 13., PFC
US. Army.
Headquartersan ea quarters ompany. U.S.

Army Garrison. Joint Base Myer-Henderson Hall.
Fort i\1yer. VA 22211


















DATED: 16 February 201]

1. In accordance with the Rules for Courts-Martial and the Military Rules of Evidence,
Manual for Courts-Martial, United States, 2008. Article 46. Uniform Code of Military

Justice. and other applicable law. request for supplemental discovery is hereby made for
the charged offenses in the case of United States v. Bradley E. Manning.

2. The defense requests that the government respond to each item listed in its previous
discovery requests on 29 October. 15 November. 8 December 20l0. and 10 January 2()l 1
and to also respond to the following additional discovery:

a) The defense team has learned that a number of soldiers at Fort Drum have received a
DOD imposed flag as a result of investigations into the alleged leak by PFC Manning.
The defense requests the names of the soldiers who have been flagged, the nature for why
they were flagged. who imposed the flag, and any other derogatory information relating to
this case to include, but not limited to: any reprimand (oral or written). UCMJ action. or
administrative separation actions.

b) The defense team has learned that Army CID has audio surveillance of the first
visitation booth immediately adjacent to the control room where we meet with PFC
Manning. This appears to be the booth where attomey-client visits take place. The
defense requests a copy of any and all audio or video tapes of PFC Manning at any time
whether they be from in person visits or from telephonic conversations.

C) A copy ofthe latest CID investigation report and all Agents Investigation Reports
maintained under CID Regulation 195-1 not previously provided to the defense.
Additionally, a copy of all agent notes. other governmental investigative reports. and
swom statements.

d) A roster of all individuals assigned to HHC. ZBCT, 10"? Min Division, speci?cally
any soldier assigned in the 82 Section The defense requests full name, rank,
email and phone contact information for each individual.

e) Access to all classified information that the govemment intends to use in this case.
To include any damage assessment or information review conducted by any
governmental agency or at the direction of a governmental agency.

29056

Defense Discovery Request PFC Bradley E. Manning

3. The defense requests that the government inform the defense counsel if it does not
intend to comply with any specific provision of this request.

4. It is understood that this is a continuing request.

5. A copy of this request was sewed on Trial Counsel by e-mail on 16 February 2011.



?V/m .1-EDWARD COOMBS
Civilian Defense Counsel

I9

29057

UNITED STATES
DEFENSE REQUEST TO
COMPEL PRODUCTION
OF EVIDENCE

.

MANNING, Bradley E.. PFC
U.S. Army, .
Headquarters and Headquarters Company, US.

Army Garrison. Joint Base Myer-Henderson Hall,
Fort Myer. VA 2221]

DATED: I December 20ll

I. INTRODUCTION

1. In accordance with the Rules for ourts-Martial (R.C.M.) 405(?(l0) and Manual
for Courts-Martial United States, 2008; Article 46. Uniform Code of Military Justice:
and the Fifth and Sixth Amendments to the United States Constitution. defense counsel in the
above entitled case respectfully request that the Investigating ()fftcer compel production of
evidence.

II. BACKGROUND

2. PFC Bradley Manning is charged with various oftenses under Article 92 and Article 134 of
the UCMJ. The offenses deal with the incorporation, under Article 134. of the Espionage Statute
I8 U.S.C. 793(e), Public Money or Property Statute I8 641. and Computer Fraud
Statute 18 U.S.C. l030(a)(l). The original charges were preferred on 5 July 2010. Those
charges were dismissed by the convening authority on 18 March 20] I. The current charges were
preferred on 1 March 2011.

3. On 22 November 201 1. the defense submitted a request for production of evidence at the
Article 32 hearing under R.C.M. 405(g)(l The govemment responded to the defense
request for production of evidence on 30 November 201 I.

DISCUSSION

4. Under R.C.M. 405 and 701, the defense may request materials that are within the possession.
custody, or control of military authorities. The government is obligated by law to turnover
evidence in its possession, as well as to retrieve front other govemment agencies and entities
outside of their immediate office relevant evidence upon a defense request. United States v.
Williams. 50 MJ. 436 (C.A.A.F. I999). This motion renews the defenses request for the
previously mentioned items in the Defense Request For Production Of Evidence.

5. The standard set out in R.C.M. 405 and R.C.M. 7()l requires the government to turn over
items that are within the ??government?s control.? This requirement means that the trial counsel.

29058

upon defense request, has an a?irmative obligation to seek out requested evidence that is in the
possession of the government even if that evidence is not already in its immediate possession.

Id. at 441. The ?prosecutor will be deemed to have knowledge of and access to anything in the
possession, custody, or control of any federal agency participating in the same investigation of
the defendant.? United States v. Bryan, 868 F.2d 1032, 1036 (9th Cir. 1989); Williams, 50 M.J. at
441. Furthennore, R.C.M. 405(g)(l)(B) and 703(a) establishes the standard for discovery in
military courts: the prosecution and defense ?shall have equal opportunity to obtain witnesses
and evidence.? See Article 46, UCMJ.

6. In the instant case, the defense requested the production of evidence at the Article 32 hearing.
Instead of responding to the defense request as envisioned under R.C.M. the
government simply treated the request as another request for discovery. Consistent with its
previous responses to discovery requests, the government provided one of the following
responses: a general denial; a statement that it had already provided all infonnation in its
possession; or a statement that it was either unaware of any information or did not presently
have the authority to disclose the requested information.

7. To ensure that R.C.M. 405 and 703 will have meaning at trial, ?[e]ach party shall have
adequate opportunity to prepare its case and equal opportunity to interview witnesses and inspect
evidence.? R.C.M. 70l(e). The accused is entitled to inspect both exculpatory and inculpatory
evidence. Brady v. Maryland," 373 U.S. 83 (1963); United States v. Kern, 22 M.J. 49, 51
(C.M.A. 1986). Construing the due process clause, the Supreme Court in Brady v. Maryland
established a duty to disclose evidence favorable to the defense: ?the suppression by the
prosecution of evidence favorable to an accused upon request violates due process where the

A evidence is material, either to guilt or punishment, irrespective of the good faith or bad faith of

the prosecutor." Braafv v. Maryland, 373 U.S. 83, 87 (1963). As the numerous cases deciding
Brady v. Maryland claims indicate, ?favorable? is not the same as evidence that proves the
defendant to be totally innocent or establishes an unshakable alibi. Anything that tends to assist
the defense, cast doubt on the government?s case, or impact on a potential punishment is
?evidence favorable to an accused.? See generally, Army Regulation 27-26, paragraph
United States v. Kinzer, 39 M.J. 559, 562 (A.C.M.R. 1994); United States v. Adens, 56 M.J. 724
(A.C.C.A. 2002). The defense has requested the following infonnation be produced at the
Article 32 hearing:

a. The video of PFC Manning being ordered to surrender his clothing at the direction of
CWO4 James Averhart and his subsequent interrogation on 18 January 2011. Given the fact the
defense ?led a preservation of evidence request on 19 January 2011 nearly one year ago the
government has no excuse for not providing the video. See Appendix A. The video is clearly
within the possession of the government and should have already been produced. The
government has responded that it ?will provide all matters requested that are it is possession no
later than 2 December 2011.

b. A copy of all adverse administrative or UCMJ actions, all supporting documentation and
any rebuttal materials to such action based upon the 15-6 investigation conducted by LTG Robert
L. Caslen Jr. The matters requested can easily be found by going to the speci?cally listed
servicemembers? official records. Williams, 50 M.J. at 44] (government, upon defense request,

Ia.)

29059

has an affnmative obligation to seek out requested evidence). It is without dispute that several
officers and enlisted members received adverse administrative actions as a result of their failure
to take appropriate action in this case. See Appendix B. Thus far, the defense believes it has
only received information on one of the ?fteen individuals recommended for adverse
administrative action. The government has responded that it ?has provided all matters requested
that are in its possession.

c. An Encase forensic image of each computer from the Tactical Sensitive Compartmented
Information Facility (T-SCIF) and the Tactical Operations Center (TOC) of Headquarters and
Headquarters Company (I-II-IC), -2nd Brigade Combat Team (BCT), 10th Mountain Division,
Forward Operating Base Hammer, Iraq. The lead investigative tmit for the government
requested preservation of these items on 30 September 2010. See Appendix C. Given the
govemment?s own preservation request, it should easily be able to determine the location of
these items. The government responded to the defense request by stating that ?it is still actively
working to preserve related computer hard drives based on defense ?s preservation request dated
21 September 2011.

d. The defense requested any Brady or Jencks material in the govemment?s possession.
Brady v. Maryland, 373 U.S. 83 (1963) (holding that due process requires the government to turn
over exculpatory evidence in its possession); v. United States, 353 U.S. 657 (1957)
(holding that in a criminal prosecution, the government may not withhold documents relied upon
by government witnesses, even where disclosure of those documents might damage national
security matters). Under military law, the trial counsel has an af?rmative obligationto seek out
requested evidence by the defense? that is in the possession of the government even if that
evidence is not already in the immediate possession of the trial counsel. United States v.
Williams, 50 M.J. 436, 441 (C.A.A.F. 1999); United States v. Bryan, 868 F.2d 1032, 1036 (9th
Cir. 1989); United States v. Brooks, 966 F.2d 1500, 1503 (1992) (the government is considered
to have possession of information that is in the control of agencies that are ?closely aligned with
the prosecution?). The defense speci?cally requested the below listed information from the
government that is in control of agencies that are closely aligned with this prosecution. As is
apparent ?'om the govemment?s responses, it has either purposefully chosen to not search for the
speci?cally requested information, or is shirking its responsibility to do so by saying it has ?no
knowledge?:

i) Mr. Russell Travers, National Security Staffs Senior Advisor for Information Access
and Security Policy was tasked to lead a comprehensive effort to review the alleged leaks in this
case. See Appendix D. The government responded to the defense request by stating that it ?has
no knowledge of any Braajz or Jencks material [and] will make a determination whether to
provide the information if and when it becomes aware of such records.

ii) A copy of any e-mail, report, assessment, directive, or discussion by President Obama
to the Department of Defense concerning this case in order to determine the presence of unlawful
command influence. See R.C.M. 405(e). Additionally, defense requests any e-mail, report,
assessment, directive, or discussion by President Obama to the Department of State or
Department of Justice concerning this case. The government responded to the defense request by
stating that it ?has no knowledge of any Braa?z or Jencks material [and] will make a

L4J

29060

determination whether to provide the information if and when it becomes aware
records.

The damage assessment conducted by the Information Review Task Force and by the
Office of Security. See Appendix and F. The government responded that it ?has no
knowledge ofany Brady or Jencks material [and] does not presently have the authorit); to
disclose damage assessments. U"any, cited by the defense and will make a determination whether
to provide the information if and when it becomes available.

iv) The collateral investigations by the Department of State, the Federal Bureau of
Investigation, the Defense Intelligence Agency, the Office of the National ounterintelligence
Executive and the Central Intelligence Agency. The defense is entitled to receive any forensic
results and investigative reports by any of the cooperating agencies in this investigation. United
States v. Williams, 50 436, 441 (C.A.A.F. 1999); United States v. Bryan. 868 F.2d 1032,
1036 (9th Cir. 1989); United States v. Brooks. 966 F.2d 1500, 1503 (1992); Article 46, Uniform
Code of Military Justice (UCMJ). The government responded that it "has no knowledge ofany
Brady or Jencks material [anti] has provided allforensic results and investigative reports
requested that are in its possession and that the United States has authority to disclose.

v) The Department of Justice investigation into the alleged leaks by WikiLeaks as
referenced by Attorney General of the United States Eric H. Holder, to include any grandjury
testimony and any information relating to any 18 USC. 2703(_d) order or any search warrant
by the govemment of Twitter, acebook, Google or any other social media site. Brady v.
Maryland. 373 U.S. 83 (1963); Jencks v. United States, 353 US. 657 (1957). The government
responded that it "presently has no knowledge ofany Brady or Jencks material and will

fitrnish said records to the defense should it become aware records.

vi) The Department of State damage assessment review conducted by its task force of over
120 individuals. This task force reviewed each released diplomatic cable. See Appendix G. The
government responded that it "has no knowledge ofany Brad_v or Jencks material [and] does
not presently have the to disclose damage assessments. ifany, cited by the defense and
will make a determination whether to provide the information if anti when it hecomes available.

e. The Damage Assessment of Compromised Information that is required to be submitted to
the Special Security Officer (SSO) under DOD 5105.21-M-1 once an SCI Security Official
determines that a security violation has occurred. The defense also requested a copy of the ?nal
security violation investigation report submitted to the SSO Defense Intelligence Agency
under DOD 5105.21-M-I. The government had not previously responded to the defense
discovery requests for this information. The government's response confirms that the alleged
disclosures in this case did not involve any sensitive compartmented information. While this fact
alone is not dispositive of whether the alleged disclosures caused harm, it is an additional factor
supporting the defense request for production of the above damage assessments. In response to
the defense reqaestfor prodittrtion ofevidence, the government responded that it "there is
currently no evidence supporting a compromise compartmented information SC



Under upon receiving a defense request for production of evidence, the
investigating officer should make an initial determination whether the information requested is
"reasonably available.? R.C.M. ?Evidence is reasonably available ifits
signi?cance outweighs the difficulty. expense. delay, and effect on operations of obtaining the
evidence." R.C .M. Military courts recognize "a much more direct and generally
broader means of discovery by an accused than is normally available to him in civilian courts.?
United States v. Reece, 25 M.J. 93, 94 (C.M.A. 1987). Regarding discovery. ??1nilitary law has
been preeminent. jealously guaranteeing to the accused the right to be effectively represented by
counsel through affording every opportunity to prepare his case by openly disclosing the
Govemment?s evidence.? UnitedStutes v. Enloe. 35 C.M.R. 228, 230 (C.M.A. 1965). The only
restrictions placed upon liberal defense discovery are that the information requested must be

relevant and necessary to the subject of the inquiry, and the request must be reasonable. Reece,

25 MJ. at 95. ?[D]etermination of the relevance and necessity of defense requested evidence
should be made by the court, not ex parte by the prosecutor." Id. at 94 n. 4. According to the
Court of Military Appeals, the Military Rules of Evidence establish ?a low threshold of
relevance." Id. at 95. Relevant evidence is ?any ?evidence having any tendency to make the
existence of any fact that is of consequence to the determination of the action more probable or
less probable than it would be without the evidence.? Id. at 95, quoting Military Rule of
Evidence (M.R.E.) 401. In addition, the Court of Military Appeals stated in United States
Hart, 29 MJ. 407, 410 (C.M.A. 1990):

In his opinion at the court below, Judge Gilley adopted the premise that, under
Article 46, discovery available to the accused in courts?n1artial is broader than the
discovery rights granted to most civilian defendants. From this, he correctly
reasoned that, where prosecutorial misconduct is present or where the
Government fails to disclose information pursuant to a specific request, the
evidence will be considered ?material unless failure to disclose" can be
demonstrated to ?be harmless beyond a reasonable doubt."

9. In accordance with these rules and law, the defense has requested the opportunity to inspect
or receive copies of the items listed above in multiple defense discovery requests and has also
requested that this information be produced at the Article 32 hearing. Thus far, the government
has consistently failed to adequately respond.

10. The govcmmenfs latest response is yet another example of its failure to exercise due
diligence in obtaining requested information. The govemment has failed to provide a detailed
account of its efforts to comply with its discovery obligations. Additionally, the government's
response that it "does not presently have the authority to disclose damage assessments. if any.
cited by the defense and will make a determination whether to provide the information i/and
when it becomes available" is either intentionally obstructionist or yet another example of its
failure to exercise due diligence.

1. Under the rules, the government is not allowed to remain ignorant of the presence of 1
evidence favorable to the accused that is reasonably within its possession. United States v.
Williams. 50 M.J. 436 (C.A.A.F. 1999): United States in Bryan. 868 F.2d 1032, 1036 (9th Cir.

LII

29061



29062

1989). Instead. if the Investigating Officer determines that the information requested by the
defense is reasonable available, one ofthe following must occur:

a. The Investigating Officer orders the custodian of the evidence to produce it at the Article
32 hearing and the custodian produces it. R.C.M. or

b. The Investigating Officer orders the custodian ofthe evidence to produce it at the Article
32 hearing and once ordered. the custodian of the evidence determines the information is not
reasonably available. If this happens the Investigating Officer and the accused are bound by the
detemiination. Id. However. the Investigating Officer must include a statement of the reasons
for that determination in the record ofthe investigation. R.C.M. Once the case is
referred. the accused is permitted under R.C.M. 906(by)(3) to move the militaryjudge to review
the determination during a pretrial session; or

c. The Investigating Officer orders the custodian of the evidence to produce it at the Article
32 hearing and once ordered, the convening authority determines the evidence should be I
withheld under Military Rule of Evidence (M.R.E.) since production ofthe evidence
cannot be done without causing identi?able damage to national security; or

d. The Investigating Officer orders the custodian of the evidence to produce it at the Article
32 hearing and once ordered, the govemment objects to the production of the evidence on
grounds of privilege and an in-carnera review is conducted by the Investigating Officer under
M.R.E. 505(i). A 505(i) review is appropriate since the Investigating Officer has the
authority to perform those tasks that clearly impact the conduct of the Article 32 hearing. See
R.C.M. 405(i) (providing that rules of privilege in Section'V ofthe M.C.M. apply to the Article
32).

12. The government should not be permitted to determine what evidence will and will not be
produced at the Article 32 hearing. The requested information is necessary for the defense to
adequately prepare its case. Without the requested discovery, any Article 32 Investigation will
be deficient. See R.C.M. and 906(b)(3) (concerning motions for appropriate relief
relating to the pretrial investigation).

IV. RELIEF REQUESTED

I3. Pursuant to the Fifth and Sixth Amendments to the United States Constitution, Article 46
UCMJ, R.C.M. 405. 701, and 906(b)(7), the defense requests the Investigating Officer to issue
an order requiring the govemment to obtain the requestedinforrnation. Failing to obtain the
information, the govemment should be required to provide a detailed account of its efforts for
review by the Investigating Officer.





EDWARD cooMi3s
Civilian Defense Counsel

29063

UNITED STATES
DEFENSE REQUEST FOR

v. PRODUCTION OF EVIDENCE
MANNING, Bradley E., PFC

U.S. Army

Headquarters and Headquarters Company, US.
Army Garrison. Joint Base Hall.
Fort Myer, VA 22211

DATED: 22 November 20l 1



1. On behalf of PFC Bradley E. Manning, his civilian counsel, David E. Coombs, requests the
production of the below listed evidence. The defense also requests that the Investigating Officer.
LTC Paul Almanza. include the below listed evidence in his Article 32 noti?cation letter for the
following reasons:

a. In order to inquire into the truth of the matter alleged in the charges, consider the form of
the charges, and assist the Investigating Officer in making recommendations as to disposition of
the charges. See Rule for Courts?Martial (R.C.M.) 40S(e);

b. In order to serve as a means ofdiscovery for the defense. The defense has repeatedly
requested the below discovery in this case. but the government has consistently responded with a
blanket denial of the defense request. See R.C.M. 405(a) Discussion (stating the ?investigation
also serves as a means of discovery? for the defense); R.C.M. 405(g)( I )(B)(stating "evidence,
including documents or physical evidence. which is under the control of the Government and
which is relevant to the investigation and not cumulative, shall be produced.

c. In order to present matters in mitigation of the charged offenses. R.C.M. 40S(l) (stating an
accused has the right to present evidence in defense, mitigation, and extenuation): Article 32(b),
Uniform Code of Military Justice (UCMJ) (stating an accused may ?present anything he may
desire in his otm behalf. either in defense or mitigation, and the investigation officer shall
examine available witnesses requested. . Uni!edS!ate.s' U. Garcia, 59 M.J. 447. 451 (C.A.A.F.
2004) (ruling that an accused has the right to present anything he may desire in his own behalf at
an Article 32 in defense or mitigation):

2. On I8 January 20] 1. the defense was notified that PFC Manning, at the direction
James Averhart, was placed in suicide risk. This decision was made over the recommendations
of Capt. William Hoeter and the defense appointed expert Capt. Kevin Moore. When PFC
Manning was being ordered to surrender his clothes as part of the unnecessary suicide risk, the
Brig made the decision to videotape this event along with an interrogation of PFC Manning by
W04 Averhart and others. On I9 January 201 l, the defense filed a preservation of evidence
request with the govemment and a request for production of the video. The defense believes the
video will support PFC Manning?s claim of unlawful pretrial punishment. The government has
yet to respond to the defense request. Sec R.C.M. 405(e) Discussion (stating that inquiry into

29064

other issues such as legality of searches or the admissibility ofevidence is proper by an Article
32 Investigating Officer).

3. The defense has previously requested a copy of all adverse administrative or UCMJ action, all
supporting documentation, and any rebuttal materials to such action based upon the 15-6
investigation conducted by LTG Robert aslen Jr. or any other governmental investigation,
with regards to any individual that was the subject of such an adverse action in relation to the
alleged leak of classified information in this case. The previous requests included, but was not
limited to, the following individuals: COL. David M. Miller, COL Paul R. Walter, LTC Brian
D. Kems, LTC Rodney Gar?eld, LTC Randolph Wardle, MAJ Eric Davis, MAJ Eric Graham,
MAJ Jason A. Morrow, MAJ Clifford D. Clausen, MAJ Elijah A Dreher, CPT Matthew W.
Freeburg, ISG Eric H. Usbeck, CPT Thomas M. Cherepko, CPT Steven J. Lirn, CPT Barclay D.
Keay, PT Casey Martin, 1LT Tanya M. Gaab. Elizabeth A. ields, 2 Joshua D.
Ehresman, CW2 Chad Eastep, CW2 Alfred Lyons, Kyle J. Balonek, SFC Paul D. Adkins,
SSG Lawrence W. Mitchell, SGT Daniel W. Padgett, and PFC Jirleah W. Showman. The
government has so far only provided information in relation to SFC Paul D. Adkins.

4. The defense specifically requested an Encase forensic image of each computer from the
Tactical Sensitive Compartmented Information Facility and the Tactical Operations
Center (TOC) of Headquarters and Headquarter Company (HHC), 2nd Brigade Combat Team
(BCT), 10th Mountain Division, Forward Operating Base (FOB) Hammer, Iraq. The defense has
previously requested these items in discovery and filed a preservation of evidence request with
the government. An inspection of all seized governmental computers from the IF and TOC
would allow the defense to provide evidence that it was common for soldiers to add unauthorized
computer programs to include, but not limited to: (a full featured Internet Relay Chat
client for Windows that can be used to communicate, share, play or work with others on IRC
networks); Wget (a web crawler program designed for robustness over slow or unstable network
connections); GEOTRANS (an application program which allows a user to easily convert
geographic coordinates among a wide variety of coordinate systems, map projections and
datums); and Grid Extractor (a binary executable capable of extracting MGRS grids from
multiple free text documents and importing them into a Microsoft Excel spreadsheet) to their
computers. The government has used this alleged conduct to charge PFC Manning with two
Speci?cations ofa violation of Article 92.

5. The defense has previously requested any Brady or material in the government's
possession. Brady v. Maryland, 373 U.S. 83 (1963) (holding that due process requires the
govemment to turn over exculpatory evidence in its possession); v. United Slates. 353
US. 657 (I 957) (holding that. in a criminal prosecution, the government may not withhold
documents relied upon by government witnesses, even where disclosure of those documents
might damage national security matters). Under military law, the trial counsel has an affirmative
obligation to seek out requested evidence by the defense that is in the possession of the
govemment even if that evidence is not already in the immediate possession of the trial counsel.
United States v. Williams. 50 M.J. 436, 44] (C .A.A.F. 1999); United States v. Bryan. 868 F.2d
I032, I036 (9m Cir. 1989)?, United States v. Brooks, 966 F.2d 1500, 1503 (1992) (the government
is considered to have possession of information that is in the control of agencies that are ?closely
aligned with the prosecution?). The defense specifically requests the below listed information



29065

from the government that is in control of agencies that are closely aligned with this prosecution.
The trial counsel has responded with a blanket denial of the requested information despite the
fact that this information clearly impacts not only on the form and proper disposition of the
charges, but also represents clear Brad_1' and material:

a. White House: Mr. Russell Travers, National Security Staffs Senior Advisor for
Information Access and Security Policy was tasked to lead a comprehensive effort to review the
alleged leaks in this case. He has completed a report detailing the rather benign nature of the
leaks and the lack of any real damage to national security. The defense requests a copy of this
review and any assessment given, or discussions concerning, the Wiki Leaks disclosures by any
member of the government to President Barack H. Obama. The defense requests any e?mail,
report, assessment. directive, or discussion by President Obama to the Department of Defense
concerning this case in order to determine the presence of unlawful command in?uence. See
405(e). Additionally. defense requests any e-mail, report, assessment. directive, or
discussion by President Obama to the Department of State or Department of Justice concerning
this case; -

b. Central Intelligence Agency: The Original Classi?cation Authority?s (OCA) classification
review was completed by Mr. Robert L. Roland. His classi?cation review indicated that a
disclosure of the charged information could be expected to cause damage or serious damage to
national security. This determination is at odds with the damage assessment completed by the
WikiLeaks Task Force and by the Information Review Task Force. Additionally, this
determination is at odds with the Office of Security?s review at the direction of former Director
Leon Panetta. As such, Mr. Roland should not be permitted to espouse an opinion which is
inconsistent with the damage assessments conducted by the government. Brady v. Maryland,
373 U.S. 83 (1963); Jencks? v. United States?, 353 U.S. 657 (1957);

c. Department of Defense: Early on in the investigation, the Department of Defense reached
out for assistance from the Department of State, the Federal Bureau of Investigation, the
Defense Intelligence Agency, the Office of the National Counterintelligence Executive and the
Central Intelligence Agency. The defense is entitled to receive any forensic results and
investigative reports by any of the cooperating agencies in this investigation. United States v.
Williams, 50 M.J. 436, 441 (C.A.A.F. 1999); United States Bryan, 868 F.2d 1032, 1036 (9th
Cir. 1989); United States v. Brooks, 966 F.2d 1500, 1503 (I 992); Article 46, Uniform Code of
Military Justice (UCMJ). Finally, former Secretary of Defense Robert M. Gates on 29 July 2010
directed the Defense Intelligence Agency to lead acomprehensive review of the documents
allegedly given to WikiLeaks and to coordinate under the Information Review Task Force
(IRTF, formerly TF 725) to conduct a complete damage review. The results of this damage
review undercut the testimony of each ofthe representatives from the OCA for the charged
documents in this case. Speci?cally, the damage assessment concluded that all of the
information allegedly leaked was either dated. represented low?level opinions, or was already
commonly understood and known due to previous public disclosures.

d. Department of Justice: The defense requests any and all documentation related to the
Department of Justice investigation into the alleged leaks by WikiLeaks as referenced by
Attorney General of the United States Eric H. Holder. to include any grand jury testimony and



29066

any information relating to any 18 U.S.C. 2703(d) order or any Search waI'I'an?t by the
government of Twitter, acebook, Google or any other social media site. Brady v. Maryland,
373 US. 83 (1963); v. United States, 353 U.S. 657 (1957);

e. Department of State: The Department of State formed a task force of over 120 individuals
to review each released diplomatic cable. The task force conducted a damage assessment of the
leaked cables and concluded that the information leaked either represented low?level opinions or
was already commonly known due to previous public disclosures. According to published
reports in multiple new agencies, including the Associated Press, The Huf?ngton Post, and
Reuters, internal US. government reviews by the Department ofDefense and the Department of
State have determined that the leak of diplomatic cables caused only limited damage to U.S.
interests abroad, despite the Obama administration?s public statements to the contrary.
congressional of?cial briefed on the reviews stated that the administration felt compelled to say
publicly that the revelations had seriously damaged American interests in order to bolster legal
efforts to shut down the ikiLeaks website and bring charges against the leakers. According to
the published account ?We were told (the impact of ikiLeaks revelations) was embarrassing
but not damaging,? said the official, who attended a brie?ng given in late 2010 by State
Department of?cials. National security officials familiar with the damage assessments being
conducted by defense and intelligence agencies told Reuters the reviews so far have shown
?pockets" of short-term damage, some of it potentially harmful.? See generally,
huf?ngtonpost. coml201 8.html). This determination
is at odds with the classi?cation review conducted by the OCA. Mr. Patrick Kennedy should not
be permitted to espouse an opinion which is inconsistent with the damage assessments conducted
by the govemment. Brady v. Maryland, 373 US. 83 (1963); Jencks v. Uriired States, 353 U.S.
657 (1957);

6. The defense has requested a copy of the Damage Assessment of Compromised Information
that is required to be submitted to the Special Security Officer (SSO) under 5105.21-M-1
once an SCI Security Official determines that a security violation has occurred. The damage
assessment is supposed to contain the date of the assessment; the name and office symbol
conducting the assessment; subject/title, date, number, originator and original classi?cation of
document; whether the document can be declassi?ed or downgraded, either in whole or in part;
justification for classification (the specific statements in the document which are classi?ed, the
basis for classi?cation, and a complete bibliography of all classi?ed source materials used in
preparation of the document); whether the classi?ed information identi?ed is accurate; whether
the classi?ed information identi?ed was the subject of any of?cial release; and whether the
information identi?ed as classi?ed can be edited for the purpose of prosecution. The
government has not yet provided this information to the defense. This information should be
ordered produced for the consideration of the Investigating Of?cer at the Article 32.

7. The defense requested a copy of the final security violation investigation report submitted to
the SSO Defense Intelligence Agency under DOD 5105.21-M-l. The report is used to
assess intent, location of the incident, risk of compromise, sensitivity of information, and
mitigating factors in arriving at a final analysis of the incident. The government has not yet
provided this information to the defense. This information should be ordered produced for the
consideration of the Investigating Of?cer at the Article 32.



29067

8. The defense has previously requested any known evidence tending to diminish credibility of
any government witness including, but not limited to, prior convictions under Military Rule of
Evidence (M.R.E.) 609, evidence of other character, conduct, or bias bearing on witness
credibility under M.R.E. 608. Speci?cally, the defense requests the name and contact
information for any law enforcement agent working with Mr. Adrian A. Lamo. See Brady v.
Maryland, 373 U.S. 83 (1963); United States v, Agurs, 427 U.S. 97 (1976).

9. The defense has previously requested a copy of all audio and video surveillance ofthe
visitation booths at Quantico, Virginia when individuals, including defense team members, met
with PFC Manning. The defense also requests a copy of all audio and video surveillance of the
visitation rooms at the Joint Regional Correctional Facility at Fort Leavenworth, Kansas when
individuals, including defense team members, met with PFC Manning. The government has only

provided a partial account of the audio and video surveillance in its possession.



DA 1 EDWARD COOMBS
Civilian Defense Counsel

29068

Appellate Exhihit339
Enclosure^^
^8 pages
classi^ed
''SECRET''
ordered sealed fDrReason2
Military Judge's Seal Order
dated20August2013
stored in the classitied
supplement to the original
Record ofTrial

29069

UNITED STATES OF AMERICA
Prosecution Response to
Defense Motion to Dismiss
for Lack ofSpeedyTrial
Manning,BradIeyE.
PFC, U S Army,
HHC, U.S. Army Garrison,
JointBaseMyerHendersonHall
FortMyer, Virginia 22211

Enclosure 76
lOOctober 2012

29070

Acknpwlcdgmait byjhc_Dcfenxg



1 have read and understand the Presentation of Prosecution's Case MenOctober 2011. ! agree to comply with the provisions thereof Furthermore, I understand that
neither 1 nor any member ofthe dc'cmse team i^'ill in any way use the statcreem.sof the
prosecution presented during the presentation of the prosecution's case and discussion of a plea
as evidence in the Article 32 irvcstigaiion or any judicial proceedinus related to this case.

I ia\ id f imrnh.^

^Cz)^-^/^//

D.UL-

Erik Lakes

Date

ifU, 2j_/ ^ / /
Matthew" Kcnkcs

Date

Trent Strjliman

Date

Paul Bouchard*

Date

Charles Gamel

Date

Cassius Hall

Date

.{iX?;.^

V

29071

Acknowledgment bv the Defense

, ,

! have read and understand the Presentation of Prosecution's Case Memorandum, dated 2X ^
October 2011. 1 agree to comply with the provisions thereof Furthermore. I understand that
neither I nor any member of the defense team will in any way use the statements uf the
prosecution presented during the presentation of the prosecution's ca.se and discussion ofa pica
as evidence in the Anicic 32 investigation or any judicial proceedings related to this case.

A
Matthcwj Kemkes

2r

_

D.itL

Erik Lakes

Date

Date

Trent Struttman

Date

y / _ ^,

M^^/^' '
Paul Buuchara

Date

CharicTOaniel

Date

Joshua Tuonian

Date

Cassius Hall

Date

29072

UNITEDSTATESOF AMERICA

Manning, Bradley E.
PFC, U.S. Army,
HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall
Fort Myer, Virginia 22211

Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial
Enclosure 77 (RCM 706 Emails)
23 October 2012

OATE

TIME

Unclassified_Email_RCM_706_0001

3-Aug-lO

Unclassified Email RCM 706 0002
Unclassified Email RCM 706 0003

4-Aug-lO
4-Aug-lO

11:06:00
12:11:44

Unclassified Email RCM 706 0004

5-Aug-lO

14:24:25

Unclassified Email RCM 706 0005

6-Aug-lO

15:04:48

Unclassified Email RCM 706 0006

8-Aug-lO

20:53:00

Unclassified_Email_RCM_706_0007

10-Aug-lO

10:06:52

Unclassified_Email_RCM_706_0008

10-Aug-lO

10:59:55

Unclassified_Email_RCM_706_0009

12-Aug-lO

20:11:00

Unclassified_Email_RCM_706_0010

23-Aug-lO

14:54:00

Unclassified Email RCM 706 0011
Unclassified_Email_RCM_706_0012

23-Aug-lO

15:27:40

25-Aug-lO

10:27:13

Unclassified_Email_RCM_706_0013
Unclassified_Email_RCM_706_0014

25-Aug-lO

10:53:00

Unclassified_Email_RCM_706_0015

26-Aug-lO
26-Aug-lO

07:06:24
07:25:24

Unclassified_Email_RCM_706_0016

26-Aug-lO

08:33:34

Unclassified_Email_RCM_706_0017

26-Aug-lO

11:43:42

Unclassified Email RCM 706 0018

26-Aug-lO

11:55:01

Unclassified Email RCM 706 0019

26-Aug-lO

12:03:09

Unclassified_Email_RCM_706_0020
Unclassified_Email_RCM_706_0021

26-Aug-lO
1-Sep-lO
1-Sep-lO
1-Sep-lO
6-Sep-lO

12:22:17
11:14:23

Email Number

Unclassified_Email_RCM_706_0022
Unclassified_Email_RCM_706_0023
Unclassified Email RCM 706 0024
Unclassified_Email_RCM_706_0025
Unclassified Email RCM 706 0026

6-Sep-lO

12:15:00

11:44:26
12:06:00
23:50:00
23:50:54
12:57:57

Unclassified Email RCM 706 0027

9-Sep-lO
9-Sep-lO

13:01:00

Unclassified_Email_RCM_706_0028

9-Sep-lO

15:37:45

Unclassified Email RCM 706 0029

9-Sep-lO

21:14:00

Unclassified Email RCM 706 0030

lO-Sep-lO

08:30:00

Unclassified_Email_RCM_706_0031

lO-Sep-lO

10:01:11

Unclassified_Email_RCM_706_0032

lO-Sep-lO

10:04:00

Unclassified_Email_RCM_706_0033
Unclassified Email RCM 706 0034

17-Sep-lO

07:08:00

17-Sep-lO

09:44:30

Unclassified Email RCM 706 0035

20-Sep-lO

12:02:00

29073

Unclassified Email RCM 706 0036

20-Sep-lO

14:08:59

Unclassified Email RCM 706 0037

20-Sep-lO

14:19:02

Unclassified Email RCM 706 0038

22-Sep-lO

16:07:35

Unclassified_Email_RCM_706_0039

22-Sep-lO

Unclassified Email RCM 706 0040

23-Sep-lO

16:11:00
12:57:21

Unclassified Email RCM 706 0041

23-Sep-lO

14:24:24

Unclassified Email RCM 706 0042

14-Oct-lO

22:01:00

Unclassified Email RCM 706 0043

15-Oct-lO

08:11:05

Unclassified_Email_RCM_706_0044

4-Nov-lO

09:11:00

Unclassified Email RCM 706 0045

4-Nov-lO

13:11:00

Unclassified_Email_RCM_706_0046

4-Nov-lO

16:36:44

Unclassified_Email_RCM_706_0047

13-Dec-lO

15:11:18

Unclassified Email RCM 706 0048

20-Dec-lO

18:59:00

Unclassified_Email_RCM_706_0049
Unclassified_Email_RCM_706_0050

21-Dec-lO
21-Dec-lO

07:42:08
07:59:44

Unclassified_Email_RCM_706_0051

21-Dec-lO

09:52:57

Unclassified_Email_RCM_706_0052

21-Dec-lO

10:12:32

Unclassified_Email_RCM_706_0053

21-Dec-lO

10:17:50

Unclassified Email RCM 706 0054

21-Dec-lO

12:10:16

Unclassified_Email_RCM_706_0055

29-Dec-lO

12:10:00

Unclassified_Email_RCM_706_0056

29-Dec-lO
12-Jan-ll

12:11:25

Unclassified_Email_RCM_706_0057
Unclassified_Email_RCM_706_0058

13-Jan-ll

12:32:00
09:45:44

Unclassified_Email_RCM_706_0059

19-Jan-ll

13:19:00

Unclassified_Email_RCM_706_0060

21-Jan-ll

10:17:26

Unclassified Email RCM 706 0061

21-Jan-ll

10:39:00

Unclassified Email RCM 706 0062

21-Jan-ll

11:13:00

Unclasslfied_Email_RCM_706_0063
Unclassified_Email_RCM_706_0064

21-Jan-ll
21-Jan-ll

11:18:00

Unclassified_Email_RCM_706_0065

21-Jan-ll

13:09:46

Unclassified Email RCM 706 0066
Unclasslfled_Email_RCM_706_0067

21-Jan-ll
21-Jan-ll
21-Jan-ll

13:37:49
13:40:05
13:56:52

Unclassified_Email_RCM_706_0069
Unclassified_Email_RCM_706_0070
Unclassified_Email_RCM_706_0071

21-Jan-ll
22-Jan-ll

18:42:00
12:27:49

22-Jan-ll

12:29:00

Unclassified Email RCM 706 0072
Unclassified_Email_RCM_706_0073

22-Jan-ll
22-Jan-ll

12:31:00
12:34:00

Unclassified_Email_RCM_706_0074

22-Jan-ll

12:34:00

Unclassified Email RCM 706 0075

26-Jan-ll

08:47:00

Unclassified_Email_RCM_706_0076

26-Jan-ll

17:48:00

Unclassified_Email_RCM_706_0077

26-Jan-ll

17:49:00

Unclassified_Email_RCM_706_0078

26-Jan-ll

18:27:00

Unclassified Email RCM 706 0079

27-Jan-ll

07:19:08

Unclassified_Email_RCM_706_0068

13:01:50

29074

Unclassified Email RCM 706 0080

27-Jan-ll

07:41:29

Unclassified Email RCM 706 0081

27-Jan-ll

07:57:46

Unclassified Email RCM 706 0082

27-Jan-ll

Unclassified_Email_RCM_706_0083

27-Jan-ll

09:03:15
15:44:57

Unclassified Email RCM 706 0084

27-Jan-ll

15:55:54

Unclassified_Email_RCM_706_0085

27-Jan-ll

16:20:09

Unclassified Email RCM 706 0086

27-Jan-ll

17:46:26

Unclassified Email RCM 706 0087
Unclassified_Email_RCM_706_0088

3-Feb-ll
4-Feb-ll

19:41:00
07:41:47

Unclassified Email RCM 706 0089
Unclassified_Email_RCM_706_0090

4-Feb-ll
4-Feb-ll

08:00:00
08:30:12

Unclassified_Email_RCM_706_0091
Unclassified_Email_RCM_706_0092

7-Feb-ll

08:46:03

7-Feb-ll

08:49:00

Unclassified_Email_RCM_706_0093

7-Feb-ll

14:37:55

Unclassified_Email_RCM_706_0094

7-Feb-ll

15:12:45

Unclassified_Email_RCM_706_0095

7-Feb-ll

15:53:38

Unclassified Email RCM 706 0096
Unclassified_Email_RCM_706_0097

7-Feb-ll

15:59:19

7-Feb-ll

17:52:00

Unclassified_Email_RCM_706_0098
Unclassified_Email_RCM_706_0099

7-Feb-ll

18:07:00

Unclassified Email RCM 706 0100

8-Feb-ll
8-Feb-ll

07:48:35
13:53:02

Unclassified Email RCM 706 0101
Unclassified_Email_RCM_706_0102

8-Feb-ll
8-Feb-ll

23:26:00
23:27:38

Unclassified_Email_RCM_706_0103

9-Feb-ll

05:16:36

Unclassified Email RCM 706 0104

9-Feb-ll

06:48:00

Unclassified_Email_RCM_706_0105

9-Feb-ll

07:51:54

Unclassified_Email_RCM_706_0106

11-Feb-ll

06:43:25

Unclassified Email RCM 706 0107

11-Feb-ll

06:49:50

Unclassified_Email_RCM_706_0108

14-Feb-ll

08:03:19

Unclassified_Email_RCM_706_0109

14-Feb-ll

08:13:00

Unclassified_Email_RCM_706_0110
Unclasslfied_Emall_RCM_706_0111

14-Feb-ll
15-Feb-ll
2-Mar-ll

08:44:42
11:57:05

2-Mar-ll

23:17:11

Unclassified_Email_RCM_706_0112
Unclassified Email RCM 706 0113
Unclassified_Email_RCM_706_0114

23:14:00

Unclassified_Email_RCM_706_0115
Unclassified_Email_RCM_706_0116
Unclassified_Email_RCM_706_0117

2-Mar-ll
3-Mar-ll

23:18:00
13:23:11

3-Mar-ll
3-Mar-ll

13:33:58
13:36:33

Unclassified_Email_RCM_706_0118

3-Mar-ll

13:58:20

Unclassified_Email_RCM_706_0119

3-Mar-ll

14:07:48

Unclassified_Email_RCM_706_0120

3-Mar-ll

15:32:01

Unclassified_Email_RCM_706_0121

3-Mar-ll

22:12:00

Unclassified_Email_RCM_706_0122

3-Mar-ll

22:59:09

Unclassified_Email_RCM_706_0123

7-Mar-ll

14:24:32

29075

Unclassified Email RCM 706 0124

7-Mar-ll

15:20:39

Unclassified Email RCM 706 0125

7-Mar-ll

15:34:00

Unclassified_Email_RCM_706_0126
Unclassified_Email_RCM_706_0127

8-Mar-ll
9-Mar-ll

23:04:39

Unclassified Email RCM 706 0128

9-Mar-ll

16:30:52

Unclassified Email RCM 706 0129

11-Mar-ll

08:44:04

Unclassified Email RCM 706 0130

14-Mar-ll

07:45:00

Unclassified_Email_RCM_706_0131

14-Mar-ll

07:49:47

Unclassified_Email_RCM_706_0132

14-Mar-ll

08:47:00

Unclassified Email RCM 706 0133
Unclassified_Email_RCM_706_0134

14-Mar-ll
14-Mar-ll

09:52:37

Unclassified Email RCM 706 0135

14-Mar-ll

10:54:00

Unclassified Email RCM 706 0136
Unclassified_Email_RCM_706_0137

14-Mar-ll

13:23:39

14-Mar-ll

14:34:47

Unclassified_Email_RCM_706_0138

14-Mar-ll

14:50:35

Unclassified_Email_RCM_706_0139

14-Mar-ll

15:22:20

Unclassified Email RCM 706 0140
U nclassified_Ema il_RCM_706_0141

15-Mar-ll

16:07:00

17-Mar-ll

07:56:00

U nclassified_Ema il_RCM_706_0142

17-Mar-ll
20-Mar-ll

07:57:13

21-Mar-ll

08:22:40

Unclassified_Email_RCM_706_0145

21-Mar-ll

08:23:00

Unclassified_Email_RCM_706_0146

22-Mar-ll

12:35:00

Unclassified_Email_RCM_706_0147

23-Mar-ll

15:35:27

Unclassified_Email_RCM_706_0148

23-Mar-ll

16:51:00

Unclassified_Email_RCM_706_0149

24-Mar-ll

14:45:40

Unclassified_Email_RCM_706_0150

24-Mar-ll

15:03:00

Unclassified Email RCM 706 0151

24-Mar-ll

15:08:24

Unclassified_Email_RCM_706_0152

25-Mar-ll

11:45:35

Unclassified_Email_RCM_706_0153
Unclassified_Email_RCM_706_0154
Unclassified_Email_RCM_706_0155
Unclassified_Email_RCM_706_0156

28-Mar-ll

21:38:00

28-Mar-ll
30-Mar-ll
30-Mar-ll

22:02:28
10:02:32
12:39:23

Unclassified Email RCM 706 0157
Unclassified_Email_RCM_706_0158

30-Mar-ll
31-Mar-ll

12:42:22
15:32:00

Unclassified_Email_RCM_706_0159

l-Apr-ll
l-Apr-ll

09:26:23

Unclassified_Email_RCM_706_0143
Unclassified_Email_RCM_706_0144

Unclassified Email RCM 706 0160

16:29:00

10:34:02

00:52:00

Unclassified_Email_RCM_706_0161

2-Apr-ll

11:10:10
10:27:41

Unclassified_Email_RCM_706_0162

8-Apr-ll

07:07:00

Unclassified_Email_RCM_706_0163

8-Apr-ll

13:14:01

Unclassified_Email_RCM_706_0164

8-Apr-ll

14:12:24

Unclassified_Email_RCM_706_0165

8-Apr-ll

14:59:00

Unclassified_Email_RCM_706_0166

8-Apr-ll

15:50:06

Unclassified_Email_RCM_706_0167

15-Apr-ll

07:58:00

29076

Unclassified Email RCM 706 0168

15-Apr-ll

07:59:37

Unclassified Email RCM 706 0169

15-Apr-ll

09:07:55

Unclassified Email RCM 706 0170

15-Apr-ll

09:20:36

Unclassified Email RCM 706 0171

15-Apr-ll

09:42:33

Unclassified Email RCM 706 0172

15-Apr-ll

09:59:31

Unclassified_Email_RCM_706_0173

15-Apr-ll

17:30:00

Unclassified Email RCM 706 0174

15-Apr-ll

17:31:07

Unclassified_Email_RCM_706_0175
Unclassified_Email_RCM_706_0176

15-Apr-ll
16-Apr-ll

17:31:09
08:31:01

Unclassified Email RCM 706 0177

19-Apr-ll

17:03:00

Unclassified_Email_RCM_706_0178

19-Apr-ll

17:04:52

Unclassified_Email_RCM_706_0179

19-Apr-ll

Unclassified_Email_RCM_706_0180

22-Apr-ll

17:05:00
09:39:07

Unclassified_Email_RCM_706_0181

22-Apr-ll

09:40:00

Unclassified_Email_RCM_706_0182

22-Apr-ll

09:48:49

Unclassified_Email_RCM_706_0183

22-Apr-ll

09:50:00

Unclassified_Email_RCM_706_0184

22-Apr-ll

09:52:34

Unclassified_Email_RCM_706_0185

22-Apr-ll

09:55:00

Unclassified_Email_RCM_706_0186
Unclassified_Email_RCM_706_0187

22-Apr-ll

09:56:15

22-Apr-ll

14:35:00

Unclassified_Email_RCM_706_0188

3-Aug-ll

17:30:00

Unclassified_Email_RCM_706_0189

4-Aug-ll

13:04:28

Unclassified_Email_RCM_706_0190

4-Aug-ll

13:31:00

Unclassified_Email_RCM_706_0191

4-Aug-ll

14:11:43

Unclassified_Email_RCM_706_0192

4-Aug-ll

14:49:16

Unclassified_Email_RCM_706_0193

4-Aug-ll

14:54:00

Unclassified_Email_RCM_706_0194

22-Aug-ll

18:25:00

Unclassified Email RCM 706 0195

22-Aug-ll

20:07:00

02872814

From:
Sent:
To:
Cc:
Subject:
Attachments:

FOR OFFICIAL USE ONLY

29077

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Tuesday, August 03, 2010 11 ;07 AM
MICHAEL.SWEDA@US.ARMY.MIL
(b) (6)
: Rose, Luke CPT USD-C SJA Chief Military Justice
RCM 706 Order (PFC Manning)
Charge Sheet (ManningB).pdf; RCM 706 Order (ManningB).pdf

Importance:

High

Sir,

Good morning. Attached is a RCM 706 Board Order for PFC Bradley Manning. Attached is the
order and a copy of the charge sheet. CCed on this email are the defense counsel (CPT
Bouchard, CPT Eaton, and MAJ Hurley). Please advise of any delays and i f your office needs
additional time than the allotted suspense, please forward the request through me for the
Convening Authority.

v/r
CPT Fein

Ashden Fein
CPT, 3A
Chief, Military Justice
U.S. Army Military District of Washington (MDW)
(b) (6)

Unclassified Email RCM 706 0001

FOR OFFICIAL USEONLY

02221964

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29078

Sweda, Michad G Dr CIV USA MEDCOM WRAMC
>
Wednesday, August 4, 2010 12:10 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA >
Hurley, Thomas F MAJ MIL USA OTJAG (b) (6)
il>;
(b) (6)
; Eaton, Michael L CPT USF-I SJ A Trial Defense
Attomey (b) (6)
RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)
(b) (6)

Classificauon; UNCLASSIFIED
Caveats: NONE
Sn:
Will the sanity board members require an) level of security clearance
fortius?
v/r.
Micliael Sweda, Ph.D.. ABPP (Forensic)
Board-Certified Forensic Psv chologist
ChieL Forensic Psv chologv Service
Director, Forensic Psvchologv Fellowsliip WalterReed Amiy Medical Center
(b) (6)

"The Umted States themselves arc essentially the greatest poem.
Past and present and future are not disjoined but joined."

FOR OFFICIAL USE ONLY

02872799

From:
Sent:
To:
Oc
Subject:

FOR OFFICIAL USE ONLY

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Wednesday, August 04, 2010 12:15 PM
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
Hurley, Thomas F MAJ MIL USA OTJAG;(b) (6)
L CPT USF-I SJ A Trial Defense Attorney; l(b) (6)
CPT MIL USA
RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)

29079

Eaton, Michael
; Morrow, JoDean

Sir,

I do not foresee the need; however I rather defer that answer to MA] Hurley and the defense
team. There is one caveat. A current protective order is in place and i t does not authorize
the disclosure of any of the classified information related to this case without affirmative
authorization. So i f there ends up being a need, although doubtful, then the Government w i l l
need to work to get an exception to the protective order.
v/r
CPT Fein
Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military District of Washington (MDW)
(b) (6)

Unclassified Email RCM 706 0003

FOR OFFICIAL USE ONLY

02216961

FOROFFICIALUSEONLY

ll
Hurley,ThomasFMAJ MIL USA OTJAG l(b) (6)
Thursday,Augusf 05, 20102:24 PM
Fein, Ashden CPT USA JFHQNCR/MDW SJA; Sweda,MichadGOrCIV^USA MEDCOM
WF^MC
(b) (6)
; Eaton,MichaelLCPT USFlSJATrial Defense
Attorney; (b) (6)
;Morrow,JoDean CPT MIL USA
RE: RCM 706 Order (PFC Manning) (UNCLASSIFIEO)

From:
Sent:
To:
Cc:
Subject:
Signed 8y:

(b) (6)

Classification: UNCLASSIFIED
Caveats: NO^E
Dr. Sweda/CPT Fein
There is no need for the members of the board to have a security clearance.
I w i l l speak with PFC Manning tomorrow about the board and ensure that his
answers to your questions do not include any classified information. I f he
feels he must disclose classified information, then he w i l l let you know
that there is more that he wants to say but cannot. CPT Fein and I w i l l
then seek an exception to the current order.
v/r
Thomas F. Hurley
MAJ, JA
(b) (6)

29080

)

Unclassified^EmaiLRCM^706^0004

FOROFFICIALUSEONLY

02221960

FOR OFFICIAL USE ONLY

29081

Sweda, Michad G Dr CIV USA MEDCOM WRAMC

From:

(b) (6)

Sent:
To:

Friday, August 6, 2010 3:04 PM
Hurley, Thomas F MAJ MIL USA OTJAG (b) (6)
il>;
>
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
(b) (6)
; Eaton, Michael L CPT USF-1 SJ A Trial Defense
Attomey (b) (6)
Morrow,
JoDean CPT MIL USA (b) (6)
; Lange, Christopher L LTC
MIL USA MEDCOM WRAMC (b) (6)
>; Montalbano, Paul
Dr CIV USA (b) (6)
Mdone, Ricky D COL MIL USA
MEDCOM WRAMC (b) (6)
>
RE; RCM 706 Order (PFC Manning) (UNCLASSIFIED)

Cc:

Subject:

Classification: UNCLASSIFIED
Caveats: NONE
CPT Fein;
I Iiave consdted vviUi LTC Cliristopher Lange. w ho is an counterpart as
Director of the Forensic Psycliiatrv Fellowship, regarding the Manning
case. We are in the process of assembling a team for the evaluation,
and expect tlie direct evaluation piece (inten lew and testing) of tliis
lo be completed in two weeks. Generally, vve ask for at least a six week
suspense date for completion of a 706 report. In the case of PFC
Manning, we wodd like to request a tliree month suspense from the date
dial he is first seen, to allow for a dto rough e\ alualion.
Pleiise feel free to call or e-mail if you Iiave any questions.
v/r.
Michael Sweda, Ph D . ABPP (Forensic)
Board-Certified Forensic Psv cliologisi
Chief. Forensic Ps>"chologv Sen ice
Director, Forensic Psvchologv Fellowsliip Walter Reed Annv Medical Center
(b) (6)

The United States themselves arc essentially llie greatest poem.
Past and present and fulure arc not disjoined but joined."

FOR OFFICIAL USE ONLY

02872810

From:
Sent:
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29082

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Sunday,August 08.20108:54 PM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC: Huriey, ThomasFMAJ MIL USA
OTJAG
(b) (6)
l; Eaton,MichaelLCPT USFlSJATrial Oefense
Attorney:(b) (6)
;Morrow,JoOean CPT MIL USA; Lange,ChrisfopherL
LTC MIL USA MEOCOM WRAMC: Montalbano Pad Oi^Ciy^ USA; Malone, RickyOCOL
MIL USA MEDCOM WRAMC: Haberiand, John CPT MIL USA
RE: RCM 706 Otder (PFC Manning) (UNCLASSIFIEO)

5ir,

Thank you. The United States and the Oefense counsel w i l l discuss yout^ request with each
othet^ oyer the next few days. We w i l l likely have more questions of you before taking this
request to the Convening Authority.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary District of Washington (MDW)
(b) (6)

UnclassifiedEmailRCM 706 0006

FOROFFICIALUSEONLY

02216953

From:
Sent:
To:
Cc:
Subject:
Signed 8y:

FOR OFFICIAL USE ONLY

29083

Huriey,ThomasFMAJ MIL USA OTJAG ( (b) (6)
ll
Tuesday.Augusf 10,2010 10:07 AM
b
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
)
Fein, Ashden CPT USA JFHQNCR/MOW( SJA: Bouchard,PadRCPT USOCOSTBBCO
TOS SrDefense Counsel; Eaton,MichaelLCPT
USFlSJATrial Oefense Attorney
6)
RE: RCM 706Order(PFC Manning) (UNCLASSIFIEO)
(b) (6)

Classification: UNCLASSIFIED
Caveats: NONE
Dr. Sweda
I am one of PFC Manning's defense counsel. I know we a l l (the attorneys f o r
both parties) appreciate your prompt attention t o this matter, and I know
that we a l l want a thorough evaluation of PFC Manning that follows the order
signed by COL Coffman on 3 August. However, we (the defense) would be much
more comfortable with an i n i t i a l six week suspense. I f , at the end of that
six weeks, you need more time to complete a thorough evaluation, then we
would request that you forward a request f o r an extension that estimates the
time required t o complete the process.
PFC Manning i s i n p r e - t r i a l confinement, and we want to get his case
referred to t r i a l sooner rather than later.
On a substantive note, we believe the order signed by COL Coffman i s
sufficient for the chat^ges now pr^efet^t^ed. Thet^e ane no others additional
questions we want you t o answer i n the course of completing this matter.
Thanks.
v/r
Thomas F. Hurley
MAJ, JA
(b) (6)

FOR OFFICIAL USE ONLY

02221954

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29084

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
(b) (6)

Tuesday, August 10, 2010 11 00 .AM
Hurley, Thomas F MAJ MIL USA OTJAG (b) (6)
>
(b)
(6)
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
il>;
(b) (6)
; Eaton, Michael L CPT USF-I SJ A Trial Defense(
Attomey (b) (6)
; Lange, Christopher L LTC MIL USAb
(b)
(6)
MEDCOM WRAMC
>; Benesh, Samantha M CPT)
MIL USA MEDCOM MAMC >; Hemphill, Maria R(
6
LTC MIL USA MEDCOM BAMC )
RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)

aassification: UNCLASSIFIED
Caveats: NONE
MAJ Hurley:
We vvill proceed with tliis plan in mind (initid 6 week suspense date),
ll is therefore likely thai vve will need an evlension and vvill so
request dong witli an estimated time to completion if/when needed.
Please note that due to sclieduling conflicts, we will begin evaluation
on 27 August. Please provide all standardrelevantdocumentsrelatesto
706 evaluations, e.g..reportof criminal investigation, mental
liealth/niedicalrecords,ERB. etc This may be sent by courier (FedEx or
similar service) to:
Micliael Sweda. Cliief Forensic Psv chologv Sen ice
Waller Reed Amiy Medical Center
6900 Georgia Avenue NW
Bldg 6 (Borden Pavilion). 3d Floor
Wasliington DC 20307
v/r.
Micliael Sweda. Ph D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief Forensic Psvchologv Service
Director. Forensic Psv chologv Fellow ship Walter Reed Armv Medical Center
(b) (6)

"The United Stales themselves arc essentially tlic grealcsi poem.
Past and present and future arc not disjoined bul joined."

FOR OFFICIAL USE ONLY

02872802

FOROFFICIALUSEONLY

29085

Subject:
Attachments:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Thursday,Augusf 12, 20108:11 PM
Sweda,MichadGOrCI^USA MEDCOM WRAMC: Huriey, ThomasFMAJ MIL USA
OTJAG
(b) (6)
il; Eaton,MichaelLCPT USFlSJATrial Oefense
Attorney; Lange,ChristopherLLTC MIL USA MEOCOM WRAMC; Benesh,SamanfhaM
CPT MIL USA MEDCOMMAMC: Hemphill,MarlaRLTC MIL USA MEOCOM BAMC
RE: RCM 70^Or0er(PFC Manning) (UNCLASSIFIEO)
RCM706Extension-12Aug10(ManningB)pdf

Importance:

High

From:
Sent:
To:
Cc:

Dr. Sweda,
The Convening Authority approved your requested extension of time.
see attached memorandum.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
U.S. ArmyMilitary D i s t r i c t of Washington (Mf^)
(b) (6)

UnclassifiedEmailRCM706 0009

FOROFFICIALUSEONLY

Please

02872830

FOROFFICIALUSEONLY

29086

Subject:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Monday,Augusf23, 20102:65 PM
Sweda,MichadGOrCI^ USA MEOCOM WRAMC: l^emkes, MatthewJMAJMIL USA
(b) (6)
; Eaton,MichaelLCPT USF-I SJATrial Oefense
Attorney; Morrow III, JoOean, CPT USA JFHQ NCR/MOW SJA; Rose, Luke CPT USO^C
SJA Chief Military Justice; Haberiand, John CPT MIL USA
RCM 708 (PFC Manning)

Importance:

High

From:
Sent:
To:
Cc:

Dr. Sweda,
Thank you for the phone c a l l . The purpose of t h i s email is t o document our conversation f o r
the Defense i n t h i s case. Also, the roster changed for the defense. For administrative
matters, please include the entire distribution on your email. This includes the defense and
Government counsel.
^ou called t o ask what matters the Sanity 8oard may review during the inquiry, ^ou
specifically asked whether there i s a case f i l e , investigative f i l e s , witness statements.
Soldier records, medical records, and/or mental health records available for the 8oard. I
asked you to please send an email to the entire distribution with specific requests of the
documents the 8oard wants or needs f o r t h e i r inquiry.
I also b r i e f l y explained that
authority only gave six weeks
requires more time then there
Convening Authority. Defense
on the request.

although the 8oard asked f o r three months, the convening
i n order t o reassess the board's progress, and i f the 8oard
w i l l be an opportunity to j u s t i f y the additional time to the
and Government counsel w i l l be given the opportunity t o comment

Thank you.
v/r
CPT Fein
Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0010

FOROFFICIALUSEONLY

02221952

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29087

(b) (6)

Monday, August 23, 2010 3 .27 PM
(b) (6)
>;
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b)
(6)
>
Matthew kemkes (b) (6)
(b) (6)
; Eaton, Michael L CPT USF-1 SJ A Trial Defense
Attomey (b) (6)
Morrow III, JoDean, CPT USA JFHQNCR/MDW SJA (b) (6)

RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

ClassincaUon: UNCLASSIFIED
Caveats: NONE
ALCON;
We are scheduled to begin our ev alualion of PFC Mamiing this Friday 27
August, but have norecordsother tliaa tlic 706 order and cliarge slieet.
We ordinarily ask for: mental healthrecords(including inpatient
stays, if am ), medical records (noit .AHLTA. if any. as AHLTA can be
easily viewed on line), witness statements, areportofinvestigation
(to the extent that is available giv en the pre-ArticIc 32 standing of
tlie case, or a summaiy of invesugation to date), witness statements,
militaiy employmentrecords,and any otlvcrrelevantdocuments.
Please indicate what will be made av ailable and when.
Records may be sent by FedEx or similar couner to;
Dr. Michael Sweda
Chief Walter Reed Forensic Psv chology Serv ice
Waller Reed .Annv Medical Center
6900 Georgia Av enue NW
Bldg 6 (Borden Pavilion), Psychology Dept. 3rd Floor
Wasliington DC 20307
v/r.
Michael Sweda. Ph D,. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief Forensic Psv chologj Serv ice
Director. Forensic Psvchology Fellowsliip WalterReed Annv Medical Center
(b) (6)
(b) (6)

The Umted States themselves arc essentially the greatest poem.
Past and present and future arc not disjoined bul joined."

FOR OFFICIAL USE ONLY

02215940

From:
Sent:
To:
Cc:

Subject:
Attach:

FOR OFFICIAL USE ONLY
coombs@armycourtraartialdefense.com
Wednesday, August 25, 2010 10:27 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Matthew kemkes ; Paul Bouchard
(b) (6)
Michael Eaton (b) (6)
; MICHAEL.SWEDA@US.ARMY MIL
Defense Expert Request - 706 Board
Manning - Expert Request pdf

29088

>

CPT Fein,
I have been retained by PFC Manning to represent him in his case. I will be making my representation of
him public early next w/eek. Please forward the attached request to the convening authority prior
to having the R.C.M. 706 board begin its work. Additionally, please ensure that Dr. Sweda and the board
have all ofthe requested documentation before beginning their work. This would prevent the necessity of
requesting that the military judge reopen the R.C.M. 706 board at a later date.
If you have any questions or concerns, feel free to contact me.
Best,
David
David E. Coombs, Esq.
Law Office of David E. Coombs
45 North Main StreeL 5th Floor
Fall River, MA 02720
Direct Dial: (401) 744-3007
Office: (508) 674-6006
Fax: (508) 324-9896
mP.mbs#armym.w.A.m.art;iai(j@f^
www.armycourtmartialdefense.com
***Confidentiality Notice: This transmission, including attachments, may contain confidential attorneyclient 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 prohibited.***

FOR OFFICIAL USE ONLY

02879505

Prom:
S^nt:
T^:
^:
Subject:

FOROFFICIALUSEONLY

29089

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Wednesday,August25, 201010:53 AM
coombs@armycourimartialdefense.cora
Maffhev^kemkes; Paul Bouchard; Michad Eaton;(b) (6)
;
Monov^ III,JoOean,CPT USAJFHQNCR/MDW SJA; Haberiand,John CPT MIL USA;
Rose, Luke CPT USO-C SJA Chief Military Justice
RE: Oefense Experi Requesf-706 Board

Mr. Coombs Acknowledged,
immediately.

The United States w i l l process the defense request

Or. Sweda- The prosecution w i l l present the delay request to the convening
authority i n the next 24 hours (assuming he i s available) and have an answer
on whether the RCM 706 8oard i s delayed or not.
v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. A r m y M i l i t a r y D i s t r i c t ofWashington (MOW)
(b) (6)

Unclassified Email RCM 706 0013

FOROFFICIALUSEONLY

02221950

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29090

(b) (6)

Thursday, .August 26, 2010 7:06 AM
l>;
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Matthew kemkes (b) (6)
>
(b) (6)
; Eaton, Michael L CPT USF-1 SJ A Trial Defense
Attomey (b) (6)
; Morrow III, JoDean, CPT USA JFHQNCR/MDW SJA (b) (6)

RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classincation: UNCLASSIFIED
Caveats: NONE
ALCON;
We vvill meet tomorrow (27 Aug) w iili PFC Mamiing lo begin our evaluation
Tlius far. we have no documentation bul can begin w ith certain aspects of
die evaluation ev en in absence of tliis
I wanted to double check to coiifinn tliat there arc no security issues
about our interview, and llial we can handle notes in tlie usual manner.
Michael Sweda
CliieL WRAMCC Forensic Psv chologv Serv ice

(b) (6)

Unclassified Email RCM 706 0014

FOR OFFICIAL USE ONLY

02215931

FOR OFFICIAL USE ONLY

29091

Bouchard, Paul R CPT USD-C DSTB B CO TDS Sr Defense Counsel

From:

(b) (6)

Sent:
To:
Cc:

Thursday. August 26, 2010 7:22 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>
(b)
(6)
Matthew kemkes
>; Eaton, Michael L. CPT USD-C
(b)
(6)
SJA/ATOS Officer
(b) (6)
; 'coombs(^annycourtmartialdefense.com'
RE: Defense Expert Request - 706 Board
Manning - Expert RequesLpdf

Subject:
Attacb:
Dr. Sweda:

Ilie lead attomey for PFC Manning is Mr, David Coombs (His e-mail address is on the cc line, and please read the below e-mail).
Yesterday, the Defenserespectfullyrequested that an additional doctor - one on the defaise team - be appointed for purposes ofthe
706. (Sec e-mail attaclimcnl).
Moreover, given recent discussions with our client, vve now have security concems as they pertain to the 706.
With that, werequestthat the 706 be pushed back until these issues/requests are resolved
Respectfully,
CPT Bouchard
CPT Paul Bouchard
Senior Defense Counsel
Camp Liberty. Iraq
(b) (6)

Unclassified Email RCM 706 0015

FOR OFFICIAL USE ONLY

02872828

FOR OFFICIAL USE ONLY

29092

From:
Sent:
To:
Cc:

Fein, Ashden CPT USA JFHQ-NCR/MOW SJA
Thursday, August 26, 2010 8:34 AM
(b) (6)
; Matthew kemkes
(b) (6)
Eaton, Michael L CPT USF-I SJ A Trial Defense
Attomey; Morrow III, JoDean, CPT USA JFHQ-NCR/MDW SJA;(b) (6)

Subject:

Re: RCM 706 (PFC Manning) (UNCLASSIFIEO)

Dr. Sweda. As of l a t e l a s t n i g h t , the convening a u t h o r i t y granted the defense delay u n t i l the
GCMCA takes action on the expert request. The formal documentation w i l l be sent l a t e r t h i s
morning, ^ r . CPT Fein
Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
(b) (6)

Unclassified Email RCM 706 0016

FOR OFFICIAL USE ONLY

02221947

From:
Sent:
To:
Cc:

FOROFFICIALUSEONLY
(b) (6)

Thursday,Augusf26, 201011:44 AM
Fein, Ashden CPTUSAJFHQNCR/^fDW SJA (b) (6)
l>;
>
Matthew kemkes (b) (6)
(b) (6)
; Eaton, MichaelLCPTUSF-I SJATrial Defi^nse
>; Morrow III, JoDean, CPT USA JEHQAttorney (b) (6)
NCR (b) (6)
l

Subject:

29093

RE:RCM 706(PFCManning)(UNCLASSlF1ED)

ClassificationUNCLASSIFIED
Caveats: NONE
Sir:
Ijust wanted to make sure Ihatlam tmcking on this Tliis means iliat
wewill need toresdieduleour first evaluation sessionforalater
dale7
v/r,
Michael Sweda. Ph D ABPP (Forensic)
Boaid-Ccrtified Forensic Psychologist
Chief. Forensic Psy chology Serv ice
Director. Forensic Psv chology Fellow ship Waller Reed Amiv Medical Center
(b) (6)

'^TheUnited States themselves are essentially tlie greatest poem.
Pastand present and fnture are not disjoined but joined"

Unclassified Email RCM 706 0017

FOROFFICIALUSEONLY

02872825

FOR OFFICIAL USE ONLY

29094

From:
Sent:
To:
Cc:

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Thursday, August 26, 2010 11:55 AM
(b) (6)
L; Matthew kemkes
(b) (6)
'; Eaton, Michael L CPT USF-I SJ A Trial Defense
Attorney; Morrow III, JoDean, CPT USA JFHQ-NCR/MOW SJA; (b) (6)

Subject:

Re: RCM 706 (PFC Manning) (UNCLASSIFIED)

Dr. Sweda. Yes, please reschedule and please wait t o reschedule u n t i l we get back t o you i n
the near f u t u r e , ^ r . CPT Fein
Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
(b) (6)

Unclassified_Email RCM 706 0018

FOR OFFICIAL USE ONLY

02221943

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29095

(b) (6)

Thursday, August 26, 2010 12:03 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
il>;
Matthew kemkes (b) (6)
(b) (6)
Eaton, Michael L CPT USF-I SJ A Trial Defense
Attomey (b) (6)
Morrow III, JoDean, CPT USA JEHQNCR/MDW SJA (b) (6)

RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats; NONE
CPTFein;
No problem. We will wait until we haveagofroinyou to rcsdiedtile.
v/^
Michael Sweda,PliD ABPP (Forensic)
Board-Certified Forensic Psy chologist
ChieL Forensic Psy cliology Serv ice
Director. Forensic Psv chologv Fellow ship Walter Reed Amiv Medical Center
(b) (6)

"The United Slaleslhemselves are essentially the greatest poem.
P^ist and present and future arc not disjoined bul joined "

FOR OFFICIAL USE ONLY

02206252

From:
Sent:
To:

FOROFFICIALUSEONLY
Morrow IILJoDean, CPTUSAJFHQNCR/MDW SJA
(b) (6)

Thursday,Augusf26,20lO 12:22PM
(b) (6)
SJA (b) (6)
(b) (6)

Cc:

L;Fein,AshdenCPTUSAJEHQNCR/MDW
Matthew kemkes
Eaton,MichaelLCPT USFlSJATrial Defense

Attorney

ati

Subject:
Attach:

RE:RCM 706(PFCManning)(U^CLASSlFIED)
DefenseRCM 706 Delay Request Approved (ManningB)pdf

Classification; UNCLASSIFIED
Caveats; NONE
AO,
See attached.
CPT Joe Morrow
TrialCounsd
US Annv MilitarvDistrict ofWashington
(b) (6)

Unclassified Email RCM 706 0020

FOROFFICIALUSEONLY

29096

02205993

From:

FOR OFFICIAL USE ONLY
f™ "

'"^^^

29097

USA JFHQ-NCR/MDW SJA

(b) (6)

Sent:
To:
Cc:
Subject:

Wednesday, September 1, 2010 11:12 AM
(b) (6)

(b) (6)

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
hdp with identifying expert (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: FOUO
Sir,
We spoke on the phone yesterday - I'm working with CPT Fein on the PFC Manning case. The defense recently
requested that an expert in forensic psychiatry be appointed to their team. I imagine their request will be approved by
the convening authority, so we will need to identify a qualified individual - preferably in the local area. Do you have
anyone in mind that is not conflicted out already? Thank you.
Respectfully,
CPT Joe Morrow
Trial Counsel
US Army Military District of Washington

(b) (6)

Classification: UNCLASSIFIED
Caveats: FOUO

FOR OFFICIAL USE ONLY

02205991

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY
Mon-ow n i , JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)

Wednesday, September 1, 2010 11:44 A M
'R(b) (6)
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
RE: hdp with identifying expert (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Yes Sir. That's our assumption at ihis point.
CPT Joe Mortow
Trial Counsd
US Annv Military District of Wasliington
(b) (6)
(b) (6)

FOR OFFICIAL USE ONLY

29098

02878016

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Wednesday, SepfemberOf, 2010 12:07 PM
Monow III,JoDean,CPT USAJFHQNCF^MOW SJA;'(b) (6)
RE; help with identifying expert (UNCLASSIFIED)

Sir,

Also, as an additional factor, the convening authority w i l l also l i k e l y
order "request" the board t o a l l have TS/SCI clearances as well. I know Or.
Sweda originally asked i f that was a factor and i n i t i a l l y we did not think
so. I figure t h i s might change your calculus.
Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

FOR OFFICIAL USE ONLY

29099

L

02878012

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY

29100

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Monday,Sepfember06, 201011:51PM
Morrow III,JoDean,CPTUSAJFHQNCF^MOW SJA;'RIC1^MALONE@USARMYMIL'
RE: helpwith identifying expert (UNCLASSIFIEO)

5ir,

I hope you had a good labor day weekend. At the end of last week and after
we spoke about Forensic Psychiatrists with TS/SCI clearances, I spoke with
Mr. Oave Coombs (MAJ-P in the reserves) who is PFC Manning's defense
counsel. I was wondering i f you have some time Monday late morning or
afternoon to discuss another option for the expert consultants^ Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary District of Washington (MDW)
(b) (6)

UnclassifiedEmailRCM 706 0024

FOROFFICIALUSEONLY

02221942

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY

29101

(b) (6)

Monday,September 6, 201011:51PM
Fein,Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
Ouf ofOfliceAutoReply: help with identifying expert (UNCLASSIFIED)

Iwill be unavailable and Thursday September9th. Ifyou need assistance before then please contact the Forensic Admin AssL Ms.
Williams, (b) (6)

Unclassified Email RCM 706 0025

FOROFFICIALUSEONLY

02221939

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

(b) (6)
L
Thursday,Sepfember09,2010 12:53 PM
Fein, Ashden CPT USA JFHQ NCR/MDW SJA
RE: help with identifying expert (UNCLASSIFIED)

Classification: UNCLASSIFIEO
Caveats: NONE
I have returned from leave, back i n t h e office.
Regards,
RickMalone, MO, MPH
CDL, MC, SFS
(b) (6)

Chief, Walter Reed Forensic Psychiatry Service
Forensic Psychiatry Consultant to the Army Surgeon General
USAAMA Aeromedical Psychiatry Consultant
(b) (6)

FOR OFFICIAL USE ONLY

29102

02878020

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

Sir.

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday,September 09,2010 1:01 PM

(b) (6)
RE: help with identifying expert (UNCLASSIFIED)

When i s a good t i m e t o c a l l i ^

Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
U.S. Army M i l i t a r y D i s t r i c t

Thanks.

o f Washington (MOW)

(b) (6)

FOR OFFICIAL USE ONLY

29103

02221938

FOROFFICIALUSEONLY

Subject:

(b) (6)
Thursday,September09, 20103:33 PM
Fein,Ashden CPT USA JFHQNCR/MDW SJA; Morrowl
NCR/MDWSJA
USvManning (UNCLASSIFIED)

FollowUpFlag:
FlagStatus:

Followup
Completed

From:
Sent:
To:

Classification:
Caveats: FOUO

29104

JoDean, CPTUSAJFHQ-

UNCLASSIFIEO

The members of the RCM 706 Sanity 8oard needing security access f o r the
Manning case w i l l be:
Or. Michael Sweda, Forensic Psychologist, (b) (6)
LTC 8rett Schneider, Forensic Psychiatrist, (b) (6)
CPT(P) Samantha 8enesh, Forensic Psychologist,(b) (6)
The members of the treatment team needing security access f o r c l i n i c a l
purposes are:
CAPT William Hocter, Treating Psychiatrist,(b) (6)
( 8
COL Ricky Malone, C l i n i c a l Consultant, (b) (6)
b
)
(
6
)

Regards,
RickMalone, MO, MPH
COL, MC, SFS
(b) (6)

Chief, Walter Reed Forensic Psychiatry Service
Forensic Psychiatry Consultant t o the Army Surgeon General
USAAMA Aeromedical Psychiatry Consultant
(b) (6)

Classification:
Caveats: FOUO

UNCLASSIFIEO

UnclassifiedEmail RCM 706 0028

FOROFFICIALUSEONLY

02869033

FOR OFFICIAL USE ONLY

From:
Sent:
To:
Subject:

29105

Fein, /kshden CPT USA JFHQ-NCR/MOW SJA
Thursday, September 09, 2010 9:15 PM
(b) (6)
Morrow III, JoDean, CPT USA JFHQ-NCFVMDW SJA
RE: US v Manning (UNCLASSIFIEO)

Thank you s i r .

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military District of Washington (MDW)
(b) (6)

FOR OFFICIAL USE ONLY

02869030

From:
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To:
Subject:

FOROFFICIALUSEONLY

29106

Fein, Ashden CPT USAJFHQNCR/MDW SJA
Friday, SeptemberlO, 20108:3"! AM
(b) (6)
Morrow III,JoDean, CPTUSAJFHQ-NCR/MDW SJA
RE: USvManning (UNCLASSIFIEO)

Sir,
Thank you again. When do you think that we could speak with COL Huff (spi^)
to assist him i n determining whether he i s s t i l l interested i n becoming the
Oefense Forensic Psychiatry Expert
^/r
Ashden

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MDW)
(b) (6)

UnclassifiedEmailRCM 706 0030

FOROFFICIALUSEONLY

02221936

From:
Sent:
To:

Subject:

FOR OFFICIAL USE ONLY

29107

(b) (6)

Friday, September 10, 2010 10:01 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA Morrow III, JoDean, CPT USA JFHQ-NCR/MDW SJA
Re: US v Manning (UNCLASSIFIED)

Not sure if he's back in town. I sent him your contact info.
R

FOR OFFICIAL USE ONLY

>,

02869028

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

29108

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Friday,Sepfember10, 2010 10:04 AM
(b) (6)
; Morrow III,JoDean, CPTUSA JFHQNCR/MOW SJA
RE: USvManning (UNCLASSIFIEO)

Thank you s i r .

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MDW)
(b) (6)

FOR OFFICIAL USE ONLY

02878564

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29109

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Friday,September 17,2010 7:08 AM

(b) (6)
Morrow III,JoDean,CPT USAJFHQNCR/MDW SJA

Expert Consultant (Manning)

Sir. Good morning. I know you and Joe have been chatting about the expert consultant for
PFC Manning. I was wondering i f you have had any luck with determining i f he is the right
personi^ We were hoping to have the convening authority appoint the person NLT today because
the request is now 3 weeks old. Thank you very much.

v/r
Ashden

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary District ofWashington (MOW)
(b) (6)

UnclassifiedEmailRCM 706 0033

FOROFFICIALUSEONLY

02221935

FOROFFICIAL USE ONLY
From:
Sent:
To:
Subject:

(b) (6)

Friday, September 17, 2010 9:44 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Re: Expert Consultant (Manning)

Dr. Huff is burning up some use/lose leave but answering his cell. It is(b) (6)
R

FOR OFFICIAL USE ONLY

29110

02880682

FOROFFICIALUSEONLY

From:
SenL
To:
Subject:

sir.

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Monday,Sepfember 20, 2010 12:02 PM
Monow III,JoDean,CRT USAJFHQNCR/MDW SJA; (b) (6)
RE: contact informafion (UNCLASSIFIED)

Please see below.

Oo you have any other suggestions!^

Thank you.

v/r
Ashden

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary D i s t r i c t of Washington (MDW)
(b) (6)

UnclassifiedEmailRCM 706 0035

FOROFFICIALUSEONLY

29111

02221931

From:
Sent:
To:

Subject:

FOR OFFICIAL USE ONLY

29112

(b) (6)

Monday, September 20, 2010 2:04 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Morrow III, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)
>
RE: contact information (UNCLASSIFIED)

aassification: UNCLASSIFIED
Caveats; NONE
How vvouU you feel about liiring a civilian? 1 migtu have some leads for qualified people witli TS clearance.
R

u„c,a»«^ E.a,, RCM 706 0036

FOR OFFICIAL USE ONLY

;

02880685

FOROFFICIALUSEONLY

29113

From:
Sent:
To:

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Monday.Sepfember 20, 20102:19 PM
'(b) (6)
; Morrow III,JoDean, CPTUSAJFHQNCR/MDW SJA

Subject:

Re: contact informafion (UNCLASSIFIEO)

Sir. We rather not i f possible because of the protracted process. Our civilian would have to
go through contracting and that cause an issue. I t would be more beneficial to have someone
from bragg or nearby and we f l y them in when needed, ^r ashden
Ashden Fein
CPT, JA
Chief, Military Justice
(b) (6)

FOR OFFICIAL USE ONLY

02205495

From:

FOR OFFICIAL USE ONLY
f

7 " ™-

29114

USA JFHQ-NCRMDW SJA

(b) (6)

Sent:
To:

Wednesday, September 22, 2010 4:08 PM
'Mdone, Ricky D COL USSOUTHCOM JTFGTMO'
(b) (6)

Cc:
Subject:

Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
update (UNCLASSIFIED)

(b) (6)>

Classification; UNCLASSIFIED
Caveats: FOUO

Sorry to bother you again on the forensic psychiatrist issue, but it occurred to us that you may be restricting your search
to folks with a TS/SCI clearance. At this point, a forensic psychiatrist with a SECRET clearance is sufficient and we can
work him through the upgrading process if need be. Let me know if you we can help you in any way.
Respectfully,
CPT Joe Morrow
Trial Counsel
US Army Military District of Washington
(b) (6)

Classification: UNCLASSIFIED
Caveats: FOUO

FOR OFFICIAL USE ONLY

02205493

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY
Morrow HI, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)

Wednesday, September 22, 2010 4:11 PM
(b) (6)

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA FW: update (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: FOUO
Sir,
Sorry - see below. Original message was undeliverable
CPT Joe Morrow
Trid Counsel
US Army Militan District of Washington

(b) (6)

Unclassified Email RCM 706 0039

FOR OFFICIAL USE ONLY

29115

02221929

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY
(b) (6)

Thursday, September 23, 2010 12:52 PM
Morrow HI, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)
>
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA RE: update (UNCLASSIFIED)

aassification: UNCLASSIFIED
Caveats: FOUO
1 have a couple of candidates for you. would like to discuss.

Rick Malone. MD. MPH
COL. MC. SFS
(b) (6)
ChieL Walter Reed Forensic Psy cliialry Serv ice
Forensic Psycliialiy Consultant to the Arniy Surgeon General
USAAMA Aeromedical Psychiatry Consultant
(b) (6)

Unclassified Email RCM 706 0040

FOR OFFICIAL USEONLY

29116

02205487

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY

29117

Mon-ow III, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)

Thursday, September 23, 2010 2:24 PM
(b) (6)

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
RE: update (UNCLASSIFIED)

>

aassification: UNCLASSIFIED
Caveats: FOUO
Sir,

COL Benedict is a go. Tlianks for all your work on iliis. Wlien you gel a cliancc, please send a good contact number for liim. Tlianks
again.
CPT Joe Morrow
Trial Counsel
US Annv Militarv District of Wasliington
(b) (6)

Unclassified Email RCM 706 0041

FOR OFFICIAL USE ONLY

02872832

From:
Sent:
To:
^c:

Subject:

FOROFFICIALUSEONLY

29118

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday, Ocfober14. 2010 10:02 PM
Sweda,MichaelGOrCI^ USA MEDCOM WRAMC: (b) (6)
^immennan,SaraJSGT USA JFHQ NCR/MOW SJA; Fein,Ashden CPT USA JFHQ
NCR/MOW SJA; coombs@armycourtmartialdefense.com; Matthew kemkes; Morrow III,
JoDean, CPTUSAJFHQNCR/MDW SJA;Haberiand,JohnCPTUSARegimenfdJudge
Advocafe: Rose, Luke CPTUSD-C SJA Chief Military Justice
RCM 706 (PFCManning)

Gentlemen,
Currently we are s t i l l delayed for the I^CM 706 for security matters. At
t h i s point, we do not have an estimate on their completion, but once they
are then we should move d i r e c t l y i n the RCM 706 board, pending a
determination of security clearances. Thank you.
v/r
CPTFein
-v
Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0042

FOROFFICIALUSEONLY

02221925

From:
Sent:
To:

FOR OFFICIAL USE ONLY
(b) (6)

Friday, October 15, 2010 8:10 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
(b) (6)

Cc:

Zimmennan, Sara J. SGT USA JFHQ- NCR/MDW SJA
; coombs@armycourtmartialdefense.com;
Matthew kemkes (b) (6)
; Monow III, JoDean, CPT USA
JFHQ-NCR/MDW SJA (b) (6)
l>; Haberiand, John
(b)
(6)
CPT USA Regimental Judge .Advocate

(b) (6)

Subject:

29119

RE RCM 706 (PFC Manning) (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: NONE
Tliank vou.
v/r.
Micliael Sweda. Pli D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief, Forensic Psy chology Serv ice
Director, Forensic Psv chology Fellowship Walter Reed Amiy Medical Center
(b) (6)

"The United States themselves are essentially Ihe greatest poem.
Past and present and future arc nol disjoined bul joined "

FOR OFFICIAL USE ONLY

>;

02902034

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

29120

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday,Noyember 04,20109:11 AM

(b) (6)
FW: Forensic Psychiatrist Support (UNCLASSIFIEO)

Sir.
FYSA Please ready b e l o w .
COL Coffman i s t h e G a r r i s o n Commander, FT Myer and t h e
S p e c i a l Court M a r t i a l Convening A u t h o r i t y .
v/r
Ashden

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

FOR OFFICIAL USE ONLY

02902030

FOROFFICIALUSEONLY

From:
Sent:
To:

(b) (6)

Subject:

FW: ForensicPsychiatrist Support (UNCLASSIFIED)

Sir.

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday,November 04,2010 1:11 PM

FYSA.

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary District of Washington (Mt^)
(b) (6)

Unclassified Email RCM 706 0045

FOROFFICIALUSEONLY

29121

02221922

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY

29122

(b) (6)

Thursday.Noveraber4, 20104 36PM
Fein, Ashden CPTUSAJFHQ-NCR/MDW SJA (b) (6)
RE:ForensicPsychiatrisfSupport(UNCLASS1F1ED)

CPTFein.
lhad alrcady seen this inqtiirythroughOTSC channels and let them knowlcould support it lliavealrcadyseen him clinically for
risk management issues at Dr11oclcr'srcqucst(tlial'svvhyl'vebecnrecusedas an c;^pert),soIcan easily take over his care if need be^
lalready Iiave credentials thereand have the clearance. CAPT Neill can contact me direetly.but it probably wodd be betterto have
the fonnal tasking aswell to cover me and maintiamcontintiilv".
Regards,
Rick Malone. MD.MPH
COLMCSFS
(b) (6)

Cliief Waller Reed Forensic Psy cliiatry Serv ice
Forensic Psy cliiatty Consultani to the Anny Siu-geon Ceneral
USAAMA AeroiiiedicdPsy cliiairy Coiisultanl
(b) (6)

gov

Unclassified Email RCM 706 0046

FOROFFICIALUSEONLY

02221921

From:
Sent:
To:

Subject:

FOROFFICIALUSEONLY

29123

(b) (6)

Monday,December 13,20103:05 PM
Morrow IILJoDean, CPTUSAJFHQNCR/MDW SJA
(b) (6)
^;Fein, Ashden CPTUSAJFHQNCR/MDW
(b)
(6)
SJA^
^
Manning 706(UNCLASSIFIED)

Classification;UNCLASS1F1ED
CaveatsFOUO
Ispoke to Dr. Sweda, the timeframe will depend toacertain extent on
the clearance issue. If it is TS, then there will be the logistics of
interviews, storing documents, and perhaps evenreport-writingina
SCIF. We do have Secret storage available, so that wodd not present as
muchofadifficdty. Because it has been several months, obviously
they have taken on other cases and will have court dates to work around.
His time estimateremainsabout the same, especially given the
high-profile nature ofthe case it is betterto be thorough and
meticulous about tlie 706 rather dian throwing it together ASAP. You can
reach Dr. Sweda at 202-782-5899 to coordinate specifics.
Regards,
RickMa1one",MO,MPH
COL.MC.SFS
(b) (6)
ChieL Waller Reed Forensic Psychiatry Serv ice
Forensic Psychiatiy Consultant to the Army Surgeon Ceneral
USAAMA Aeromedical Psydiiatty Consultant
(b) (6)
lhave the two toughest jobs in the militaty; Army Psychiatrist and Navy
Spousel
Classificadon: UNCLASSIFIED
Caveats; FOUO

^^^^^^^^^^^^^^^^^706 00^7

FOROFFICIALUSEONLY

02885449

From:
Sent:
To:
Cc:

FOROFFICIALUSEONLY

29124

Subject:

Fein,Ashden CPT USAJFHQNCR/MDW SJA
Monday,December 20,20106:59 PM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
(b) (6)
; Morrowlll,JoDean, CPT USAJFHQNCR/MDW SJA;
coombs@armycourtmartialdefensecom; Kemkes,MatthewJMAJMIL USA
U S v B M (706 Board)

Importance:

High

Sir,

Good evening. The US v. PFC Manning case has now moved into the security clearance portion
of the process. For t h i s , we w i l l need t o ensure a l l the personnel who w i l l be involved i n
the case have adequate clearances and appropriate read-ons. Can you please verify that the
following personnel w i l l be the members of the RCM 706 8oardi^ Thank you.

706 8oard:
Or. Sweda
LTC Schneider
CPT(P) 8enesh

v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0048

FOROFFICIALUSEONLY

02221919

From:
Sent:
To:
Cc:

FOR OFFICIAL USE ONLY
(b) (6)

Tuesday, December 21, 2010 7:42 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
(b) (6)
; Monow 111, JoDean, CPT USA JFHQ(b)
(6)
NCR/MDW SJA
>;
coombs@armycourtmartialdefense.coni; Matthew kemkes
(b) (6)

Subject:

29125

RE: US V. BM (706 Board) (UNCLASSIFIED)

Classificauon; UNCLASSIFIED
Caveats; NONE
Sir
I can verif}' that myself and CPT Benesh will be members of llie Board.
V/r.

Micliael Sweda, Ph.D., ABPP (Forensic)
Board-Certified Forensic Psycliologist
Chief Forensic Psychology Service
Director. Forensic Psv chologv Fellow ship Wdter Reed Armv Medical Center
(b) (6)

"The United States themselves are essentially tlie greatest poem.
Pasi and preseiU and future arc nol disjoined bul joined "

Unclassified Email RCM 706 0049

FOR OFFICIAL USE ONLY

l>

02221918

FOROFFICIALUSEONLY
From:
Sent:
To:
Subject:

(b) (6)

L
Tuesday,December21,20108:00 AM
Fein, Ashden CPT USAJFHQNCR/MDW SJA ^(b) (6)
Re: USvBM(706 Board)

Will you be able fo expedite fhe requisite clearance if we subsitute forLTC Schneiders

FOR OFFICIAL USE ONLY

29126

02885447

FOROFFICIALUSEONLY

From:
Sent:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Tuesday,December 21,20109:53 AM

To:
Subject:

(b) (6)
Re:USy BM (706 Board)

29127

S i r . Who would I t c s s u b s t i t u t e fori^ I thought o r i g i n a l l y there would be 3i^ We can expedite
a l l clearances f o r anyone w i t h a secret.

Ashden Fein
CPT, JA
(b) (6)

FOR OFFICIAL USE ONLY

02221916

FOR OFFICIAL USE ONLY
From:
Sent:
To:
Subject:

29128

(b) (6)

Tuesday, December 21, 2010 10:07 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Re: USv.BM (706 Board)

>

I would like to substitute LTC Hemphill for Schneider, she has more availability txit only has a Secret clearance af fhis
point.

FOR OFFICIAL USE ONLY

02885445

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

Sir.

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Tuesday,Oecember 21,201010:18 AM

(b) (6)
Re: U S v BM (706 Board)

Thanks. Could you p l e a s e send me h e r s s n .

Ashden Fein
CPT, JA

(b) (6)

FOR OFFICIAL USE ONLY

29129

02221913

From:
Sent:
To:

FOROFFICIALUSEONLY

29130

Maria Hemphill (b) (6)
Tuesday,December2l,2010 12:10PM
Malone, RickyDCOL MIL USAMEDCOMWRAMC
(b) (6)
; Fein, AshdenCPTUSAJFHQNCR/MDW SJA
(b) (6)

Cc:
Subject:

HemphllLMarlaRLTC MIL USA MEDCOMBAMC(b) (6)
Re: Fw:USy BM (706 Board)

CPTFein,
Per thee-^mailstiingbelow,Iwould be tiie substitute forLTC Schneider.
MySS^is5l060^174
LTCHemphill
MarlaHemphill.MD
LTC, USA, MC
Forensic Psychiatry Fellow
Walter Reed Army Medical Center
(b) (6)

Unclassified Email RCM 706 0054

FOROFFICIALUSEONLY

>

02909033
29131

FOROFFICIALUSEONLY

From:
Sent:
To:
Cc:
Subject:

Sir.

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Wednesday,Decemtier 29,2010 12:11 PM
(b) (6)
Morrow III,JoDean,CPT USAJFHQ-NCR/MDW SJA
Available fhis week

Are you a v a i l a b l e t o discuss another a d m i n i s t r a t i v e issuel^

v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

FOR OFFICIAL USE ONLY

Thank you.

02221912

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY

29132

(b) (6)

Wednesday, December 29, 2010 12:11 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Out of Office: Avdlable this week

l>

Iwill be unavailable unul Wednesday Januaty 5th. If you need assistance before then please contact the Forensic Admin AssL Ms.
Williams, at (b) (6)

FOR OFFICIAL USE ONLY

02885276

From:
SenL
To:
Cc:
Subject:
Attachments:

FOROFFICIALUSEONLY

29133

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Wednesday,January 12,2011 12:33 PM
(b) (6)
Monow III,JoDean,CPTUSAJFHQNCR/MDW SJA
USv.Manning
Forensic Psychiatrist Request pdf

Sir,

Good afternoon. Attached i s a defense request to have COL 8enedek removed as the Oefense
Expert Psychiatrist and Capt Moore appointed. The main reason f o r the defense's request i s
that they claim COL Oenedek did not o r i g i n a l l y understand the extent of his involvement.
Although we do not f u l l y support t h e i r j u s t i f i c a t i o n , i t i s understandable and we w i l l
present the request t o the Convening Authority. Oo you have any input as the Chief of
Forensic Psychiatry on t h i s change and i t s impact on PFC Manning's care, future care, and the
overall missions
Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military D i s t r i c t of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0057

FOROFFICIALUSEONLY

02221910

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29134

(b) (6)

Thursday.January 13,20119:45 AM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
Morrow IILJoDean, CPTUSAJFHQNCR/MDW SJA
^(b) (6)
RE: USvManning (UNCLASSIFIED)

Classificafion; UNCLASSIFIED
Caveats: NONE
No impact CAPTBoctervvill be leaving next vveekandlvvill be asstimingresponsibilityfbrpsychiatric care of dlofhi^
die Brig, including PFC Manning.

UnclassifiedEmailRCM 706 0058

FOROFFICIALUSEONLY

^^^^^^^^

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29135

Fein,AshdenCPTUSAJFHQNCR/MDWSJA
Wednesday,January19,20111:19PM
(b) (6)
Casamatta, JosephMCPTMIL USA TRADOC;'Haberland, John CPTMIL USA
PFCBM

S i r . Good afternoon. Are you a v a i l a b l e i n the next 24 bourns t o conduct a conference c a l l
w i t h CPT Joe Casamatta (PFC Manning^s CO COR) and CPT John Haberland ( T r i a l Counsel dedicated
t o the 8 r i g coordination) i n order f o r them t o receive an update on PFC Manning^s mental
healthi^ I f so, CPT Haberland w i l l setup the meeting at yout^ convenience.

Thank you.

v/r

CPTFein

Ashden Fein
CPT, JA
Chief, M i l i t a r y

Justice

U.S. Army M i l i t a r y D i s t r i c t of Washington (MOW)
(b) (6)

il

t
Unclassified EmailRCM 706 0059

FOROFFICIALUSEONLY

02203420

From^

FOROFFICIALUSEONLY

29136

Carlile, MonicaLSFC USAJFHQNCR/MDW SJA
(b) (6)

Sent:
To:
Cc:
Subject:

Friday,January2L201110:17AM

(b) (6)

Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
(UNCLASSIFIED)

>

Classification: UNCLASSIFIED
CaveatsFOUO
LTCHemphill,
lam the Paralegal NCO assigned to the prosecuting team in US v. Manning. We need some information from you in
orderto getthings rolling on yourTS/SCI upgrade. Ineed yourcity and state of birth, two contact numbers and an AI^O
email address if you have one. If not, we will submit both ofthese addresses to C2forthem to send you links and other
documentation needed.
^/r
SFCCarlile

SF(^1^CNI(^A(^ARLIL5
PARAL^(^ALNCO
U.S,Armyl^ilitaryDistrlctofWashington(l^DW)
Icannotbe reached atthisoffice using ray (global accounL Please be sure to eraail aL
(b) (6)

ClassificationUNCLASSIFIED
Caveats: FOUO

^^^^^^^^^^^^^^^^^^06 0060

FOROFFICIALUSEONLY

O^ftftMM

FOR OFFICIAL USE ONLY

From:
Sent:

(b) (6)

To:
Subject:

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Friday, January 21, 2011 1 25 PM
Fw: US v. BM (706 Board)

Larry. Below i s hemphill info. Thx.
Ashden Fein
CPT, JA
(b) (6)

u

«

Ema, RCM 706 cm,

FOROFFICIALUSEONLY

29137

02885460

FOROFFICIALUSEONLY

29138

Subject:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Friday,Januaty 21,2011 11:13AM
'Sweda,MichadGDrCIVUSAMEDCOMWRAMC
(b) (6)
'; Morrow III, JoDean, CPT USA JFHQ NCR/MOW SJA;
'coombs@armycourtmartialdefensecom';'Kemkes, MatthewJMAJMIL USA'; Carlile,
MonicaLSFC USA JFHQNCR/MOW SJA
U S v B M (706 Board)

Importance:

High

From:
Sent:
To:
Cc:

Or. Sweda,

Good morning. The purpose of t h i s email i s to give you an update on the RCM
706 for PFC Manning. Although the board i s s t i l l delayed, we expect the
clearance issue t o be resolved shortly. The Army G2 i s sending emails t o
those participants, i n the overall CM process, that w i l l need t o complete
"E (^IP" by Monday morning so t h e i r clearance approval can be expedited. As
for the RCM 706 Board, t h i s w i l l only apply t o LTC Hemphill, a l l others have
the appropriate clearance. Once the clearances are approved f o r interim,
then we w i l l schedule a date and time for a l l those who need t o be read on,
to meet in Crystal City for t h e i r read on. I plan to give some lead time
for this and we w i l l l i k e l y plan early morning or late in the day t o
accommodate around work schedules. Once the read-ons are scheduled, then we
expect the Convening Authority t o issue a supplemental order f o r the RCM 706
to restart with special instructions.
Assuming no c r i t i c a l issues i n the remaining members SF86/E-0IP.^ I
anticipate the read-ons t o occur the week after next and the RCM 706 to
start again the following week.
I f you have any questions, please send them to the entire email
distribution.
Thank you and have a good weekend,
v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

UnclassifiedEmailRCM 706 0062

FOROFFICIALUSEONLY

02889461

From:
Sent:
To:
Cc:
Subject:
Importance:

FOROFFICIALUSEONLY

29139

Fein,Ashden CPTUSAJFHQNCR/MDWSJA
Friday,January2L201111;18AM
'coombs@armycourtmartialdefensecom':Autty,CarolynDMs Cl^ JFHQNCR/MOW SJA;
Cariile, MonicaLSFC USAJFHQNCR/MDWSJA; Hemphill, MarlaRLTC MIL USA
MEDCOM BAMC; (b) (6)
Morrow III,JoDean,CPT USAJFHQNCR/MDW SJA;'Kemkes, MatthewJMAJMIL USA
Security Clearances (USv BM)
High

Mr. Coombs, LTC Hemphill, Ms. Autry, and SFC Carlile,

Good morning. You should receive an email today ft^om either a OoO/OA entity ot^ OPM
instructing you t o f i l l out the digital SF 86on e-OlI^Lhrough theOPM website. Please spend
this weekend completing your e-OIP and submit before 1000hours on Monday morning. You w i l l
be able to use this system at home on your personal computer. Please email me and SFC
Carlile once you complete this process. I f you have any questions over the weekend, please
call me on my 88. Thank you.

LTC Hemphill- the above only applies i f we receive your personal information from out^
previous email.

Thank you and have a good weekendl

v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military Oistt^ict of Washington (MOW)
(b) (6)

Unclassified EmailRCM 706 0063

FOROFFICIALUSEONLY

FOR OFFICIAL USE ONLY
(b) (6)

,

. • no» ...

Unclassified Email RCM 706 0063

FOR OFFICIAL USE ONLY

29140

02221908

FOROFFICIALUSEONLY
From:
Sent:
To:
Subject:

29141

(b) (6)

Friday, January 21, 2011 1 00 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Re: US v. BM (706 Board)

Does tliiit include me as the treating psychiatrist?

un.,.si.ed Em,„ RCM TOO 0064

FOR OFFICIAL USE ONLY

l>

02885456

FOROFFICIALUSEONLY

From:
Sent:

Fein,/^hden CPT USA JFHQNCR/MDWSJA
Friday, January 21, 2011 10:40 AM
Maria Hemphill: Hemphill,MarlaRLTC MIL USA MEDCOM BAMC;

To:

(b) (6)

Cc:
Subject:

29142

Malone, RickyDCOL MIL USA MEOCOM WRAMC; Sweda, MichadGOrCI^USA
MEDCOM WRAMC; Cariile, MonicaLSFC USAJFHQNCR/MDW SJA
USvBM (706 Board)
High

Importance:
LTCHemphill,
Good morning. Could you please send us your place of b i r t h (City and State) so that we can
expedite your TS/SCI clearance. I f possible, we need this information ASAPI Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military DistrictofWashington (MOW)
(b) (6)

UnclassifiedEmail RCM 706 0(^5

FOROFFICIALUSEONLY

02203402

FOR OFFICIAL USE ONLY

29143

Carlile, Monica L. SFC USA JFHQ-NCR/MDW SJA

From:

(b) (6)

Sent:
To:

Friday, January 21, 2011 1:38 PM
'coombs@armycourtmartialdefense.com'; Autry, Carolyn D Ms CIV JFHQ-NCR/MDW
SJA (b) (6)

Cc:
Subject:

Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA FW; FINGERPRINTS (UNCLASSIFIED)

>

Classification: UNCLASSIFIED
Caveats; FOUO
ALL:
Please see below. CPT Fein would like for it to be completed NLT Wednesday, 26 Feb 11, in order to keep the process moving
swiftly.
V/r
SFC Carlile
1. Arequirementprior to initiating your SSBI investigation is liaving your
fingerprints done in which shows in JPAS a few days later. Can you please go
to the nearest Security Office/ local poUce station to get your
fingerprints done elecuonically via a Electronic Fingerprint machine ?

Please enter the below infonnation intiieElecUonic Fingerprint machine in
which will print out on thefingerprintcard (FD-258).

INFORMATION NEEDED FOR FINGERPRINT CARD(FD-258)
ADDRESS: HQDA ODCS, G-2, 1000 ARMY PENTAGON, WASHINGTON, DC 20310
REASON: clearance upgrade
SON: AROO (AR zero, zero)
SOI: A334
Enter in "ORI" block: USOPMOOOZ (US the letter "o", PM, zero, zero, zero,
zulu)

2. If your current organization does not have a Fingerprint machine, one is
available on Fort Belvoir, VA.
NOTE: Please call (b) (6)

to ensuretiiatsomeone is available.

9820 FLAGLER RD. BLDG 269, STE G2. RM 129

,

...

.oo.,

Unclassified Email RCM 706 0066

FOROFFICIALUSEONLY

02203402

FOROFFICIALUSEONLY
FORTBELVOIR.VA 22060 5929

3.Ifyouare capability of completingyourfingerprints at your local
police station but does not have an "ElecUomc Fingerprint" machine, please
mail (FEDE^) thefingerprintcard (FO-258) to the befow address
Send VIA FEDEX (overnight if possible)
DEPARTMENT OF THE ARMY
PSI CENTER OF EXCELLENCE
B3240/2201 ABERDEEN BLVD
ABERDEEN PROVING GROUND, fViD 21005-5001

Please inform me of the method that you choose and when it was completed.

v/r
BONITA DAVIS
Assistant Security Manager
Classification; UNCLASSIFIED
Caveats: FOUO

FOR OFFICIAL USE ONLY

29144

02902315

FOR OFFICIAL USE ONLY

From:
Sent:
To:
Subject:

29145

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Friday, January 21, 2011 1:40 PM
Cariile, Monica L. SFC USA JFHQ-NCR/MOW SJA;
'coombs@armycourtmartialdefense.com'; Autry, Carolyn 0 Ms CIV JFHQ-NCR/MDW SJA;
(b) (6)
Re: FINGERPRINTS (UNCLASSIFIED)

A l l . Just t o c l a r i f y 26 Jan 11 and not Feb. Thank you.
Ashden Fein
CPT, JA
(b) (6)

FOR OFFICIAL USE ONLY

02221906

FOR OFFICIAL USE ONLY
From:
Sent:
To:
Subject:

(b) (6)

L

Friday, January 21, 2011 1:56 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA Re: US v. BM (706 Board)

Sure.

FOR OFFICIAL USE ONLY

29146

02907610

FOROFFICIALUSEONLY

Fein,Ashden CPTUSAJFHQNCR/MDW SJA
Friday,January 21,2011 6:43 PM
'(b) (6)
Chat

From:
Sent:
To:
Subject:
Importance:

Sir.

High

Are you available to chati^

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0069

FOROFFICIALUSEONLY

29147

02221903

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY

29148

(b) (6)

Saturday, January 22, 2011 12:29 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA RE: FINGERPRINTS (UNCLASSIFIED)

Classificafion: UNCLASSIFIED
Caveats; FOUO
CPT Fein,
Ijust completed myfingerprintingat my local police station. I sent the card via Fed Ex to tlie address provided. It will arrive by noon
on Monday. January 24.
LTC Hemphill

FOR OFFICIAL USE ONLY

02902326

From:
SenL
To:
Subject:

FOROFFICIALUSEONLY

Fein.Ashden CPTUSAJFHQNCR/MDWSJA
Safurday.January 22,2011 12:29 PM
(b) (6)
RE; FINGERPRINTS (UNCLASSIFIED)

Ma'am,
Thank you. Have a good weekendl
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ^rmy Military O i s t r i c t of Washington (MDW)
(b) (6)
(b) (6)

UnclassifiedEmailRCM 706 0071

FOROFFICIALUSEONLY

29149

02902323

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Safurday,January 22, 2011 12:31 PM
(b) (6)
Cariile,MonicaLSFC USA JFHQNCR/MDW SJA
RE: FINGERPRINTS (UNCLASSIFIED)

Ma'am,

When you get a chance, could you please send us the Tracking numberis Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
US.Army Military Oistrict of Washington (MDW)
(b) (6)

Unclassified Email RCM 706 0072

FOROFFICIALUSEONLY

29150

02221900

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY

29151

(b) (6)

l
Saturday, January 22, 2011 12:35 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Carlile, Monica L. SFC USA JFHQ-NCR/MDW SJA
(b) (6)
>
RE: FINGERPRINTS (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Tracking number: 794346810944

Unclassified Email RCM 706 0073

FOR OFFICIAL USE ONLY

l>

n^QOP-^IR

FOR OFFICIAL USE ONLY

From:
Sent:

To:
Cc:
Subject:

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
SatunJay, January 22, 2011 12:35 PM
(b) (6)
Cariile, Monica L. SFC USA JFHQ-NCR/MDW SJA
RE: FINGERPRINTS (UNCLASSIFIED)

Thank you ma'am.

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MDW)
(b) (6)

un..ss« E^ai, RCM 706 0074

FOROFFICIALUSEONLY

29152

02910828

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29153

Fein, Ashden CPT USA JFHQ NCR/MDWSJA
Wednesday, January 26, 2011 8:47 AM
'Sweda, MichaelGDrCIVUSAMEDCOMWRAMC
'(b) (6)
; Mon-ow 111,JoDean,CPTUSAJFHQNCF^MOW SJA
706 General Questions (PFC Manning)

Or. Sweda,

Good morning. Are you available to discuss the administration of a 706i^ We are drafting the
special instructions for PFC Manning^s 706 and have logistics questions. I am available
anytime to call. Thank you.

y/r

CPTFein

Ashden Fein
CPT, JA

Chief, Military Justice
O.S. Army M i l i t a r y O i s t r i c t o f Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0075

FOROFFICIALUSEONLY

02900573

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY

29154

Fein, /kshden CPT USA JFHQ-NCR/MDW SJA
Wednesday, January 26, 2011 5:48 PM
(b) (6)
Davis, Bonifa N CIV USA DCS G-2
Cariile, Monica L. SFC USA JFHQ-NCR/MOW SJA
FW; Investigation Status Update - Processing, Ticket No. CLR000000084588
(UNCLASSIFIEO)

A l l . Can you please c l a r i f y what exactly you need from LTC Hemphill so she can f i n a l i z e the
process? I t h i n k we are a l l confused. According t o FedEx (Tracking*: 794346810944), her
f i n g e r p r i n t card was d e l i v e r e d t o Aberdeen on 24 Jan 11 at 0953 and signed f o r by
"Strickland."
Thank you.
v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
U.S. Army M i l i t a r y O i s t r i c t of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0076

FOROFFICIAL USE ONLY

02900565

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY

29155

Fein,Ashden CPTUSAJFHQ-NCR/MDWSJA
Wednesday.January 26,2011 5:49 PM
Hemphill,MariaRLTC MIL USA MEOCOM BAMC
FW: Investigafion Status Update-Processing,Ticket No CLR000000084588
(UNCLASSIFIED)

FWO

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

Original Message
From: Fein, AshdenCPTUSA JEH^NCR/MOW SJA
Sent: Wednesday, January 26, 2011 5:48 PM
To: (b) (6)
^ Davis, Bonita N CI^ USA OCS G 2
Cc: Carlile, Monica L. SFCUSA JFHONCR/MOWSJA
Subject: FW: Investigation Status Update
Processing, Ticket No. CLR000000084588
(UNCLASSIFIEO)
A l l . Can you please c l a r i f y what exactly you need from LTC Hemphill so she can f i n a l i z e the
process? I think we are a l l confused. According to FedEx (Trackingff: 794346810944), her
fingerprint card was delivered t o Aberdeen on 24 Jan 11 at 0953 and signed f o r by
"Strickland."
Th9nl^ you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

1
Unclassified Email RCM 706 0077

FOROFFICIALUSEONLY

02900560

From:
SenL
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29156

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Wednesday, January 26, 2011 6:27 PM
'(b) (6)
';'Davis, BonifaNCIV USA
DCSG2': Rains, LarryEMrC1VUSADCSG2; Hemphill,MarlaRLTC MIL USA MEOCOM
BAMC
Carlile,MonicaLSFC USA JFHQNCR/MDW SJA
RE: Investigation Status Update-Processing,Ticket No. CLR000000084588
(UNCLASSIFIED)

ALCON. There i s a disconnect on email d i s t r i b u t i o n f o r t h i s issue because i n c o r r e c t emails
copied over. Please reply t o a l l using t h i s email. Below i s from Mr. Rains.
All,
I'm sure i t ' s i n the mailroom and w i l l get t o the PSI Team soon,
enormous volume of m a i l , e s p e c i a l l y Fedex. Please be p a t i e n t .
Best regards,
Larry

Sent v i a BlackBerry

Ashden Fein
CPT, JA
Chief, M i l i t a r y j u s t i c e
U.S. A r m y M i l i t a r y D i s t r i c t o f W a s h i n g t o n (MOW)
(b) (6)

UnclassifiedEmailRCM 706 0078

FOROFFICIALUSEONLY

The PSI CoE receives an

02232112

From:
Sent:
To:

Cc:

Subject:

FOROFFICIALUSEONLY

29157

(b il^
Cunningham,RobertFMr CIV USA (b) (6)
)
Thuisday,January 27,20117:19 AM
(6
Fein, Ashden CPTUSAJFHQ-NCR/^^DW SJA ^(b) (6)
il^;
)
(b) (6)
m;Hemphill,MarlaRLTCMILUSAMEDCOMBAMC
(b) (6)
^
CarlileMonicaLSFC USAJFHQNCR/MDW SJA
^(b) (6)
l^,Rains, LarryEMr CIV USA DCS G-2
(b)
(6)
^
il^; Davis, BonitaNClV USA DCS G-2
^(b) (6)
^
RE: Investigation Status Update Processing, TicketNoCLR000000084588
(UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
LTCHempldlandCPTFein
Thefingerprintrequirementis good-the print check completedyesterday and posted to JCAVS T1^ onlyreqdremeniwe still need
fromLTC Hemphill is to make some corrections to Ihe e-t^lP and release back tothe PSl-CoE (if not already done-APG hasa
delayed openiiig until 1000 this monnngsolcan't see iftiienevve-^IP is ready to reviewyeti The nevve-(^IP
signature pages tliat m^itch the investigation number.
Ifyou liave any" other questions/concerns, please k^i me know Sorry fbrtiieconfusion with die belowe-maif
Bobbv
V/R
RobertF.Cunningham
Personnel Security Investigation
Center ofExcellence
(b) (6)
(b) (6)

UnclassifiedEmailRCM 706 0079

FOROFFICIALUSEONLY

02221896

From:
Sent:
To:
Cc:

Subjecl:

FOR OFFICIAL USE ONLY

29158

Maria Hemphill >
Thursday, January 27, 2011 7:41 AM
Cunningham, Robert F Mr CIV USA (b) (6)
l>
(b)
(6)
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
>;
Hemphill,Marla R LTC MIL USA MEDCOM BAMC (b) (6)
l>;
Cariile, Monica L. SFC USA JFHQ-NCR/MDW SJA
(b) (6)
>, Rains, Larry E Mr CIV USA DCS G-2
(b) (6)
Davis, Bonifa N CIV USA DCS G-2
Re: bivestigation Status Update - Processing, Ticket No. CLR000000084588
(UNCLASSIFIED)

Thank vou for the feedback. I will clieck the svstein and attempt to complete llie task today.
LTC Hempliill
Sent from my iPhonc

Unclassified Email RCM 706 0080

FOR OFFICIAL USE ONLY

02900550

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Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29159

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Thursday, January 27, 2011 7:58 AM
(b) (6)
; Carlile,MonicaL. SFC USA JFHQ-NCR/MOW SJA;
'(b) (6)
Re: Investigation Status Update-Processing,Ticket No CLR000000084588
(UNCLASSIFIEO)

Thanks ma'am. SFC c a r l i l e and I are i n today, so i f anyone needs assistance please ask.
Ashden Fein
CPT, JA
(b) (6)

Unclassified Email RCM 706 0081

FOROFFICIALUSEONLY

02212771

From:
Sent:
To:
Cc:
Subject:
Signed By:

FOROFFICIALUSEONLY

29160

Davis, BonitaNCIV USA DCSG2lB(b) (6)
Thursday, January 27 2011 9:03 AM
Fein, Ashden CRT USA JFHQNCR/MOW SJA: Cunningham,RobertFMrCIV USA
Hemphill,MariaRLTC MIL USA MEDCOM BAMC: Cariile, MonicaLSFC USAJFHQ
NCR/MDW SJA; Rains, LarryEMrCIVUSADCSG2
(U)RE: Invesfigafion Status Update-Processing,Ticket No CLR000000084588
(UNCLASSIFIEO)
(b) (6)

C l a s s i f i c a t i o n : UNCLASSIFIEO//FOR OFFICIAL USEONLY
CPT Fein,
WILCO.

v/r
BONITADAVIS
Assistant Security Manager

Unclassified Email RCM 706 0082

FOROFFICIALUSEONLY

02221892

From:
Sent:
To:

FOROFFICIALUSEONLY

29161

(b) (6)

Thursday.January 27,20113:44 PM
(b) (6)
Fein, Ashden CPTUSAJEHQ-NCR/MDW SJA
(b) (6)

Cc:

CarlileMonicaLSFC USAJFHQNCR/MDW SJA
(b) (6)

Subject:

RE: Investigation Status Update Processing, TicketNo CLR000000084588
(UNCLASSIFIED)

ClassificationUNCLASSIFIED
Caveats; NONE
lliavedone all the corrections and electronic^illy attached my releases 10 the e-t^lP fomi SliotildlslillfaxthemtoyouMr
Cunningham7
LTCHempldl

Unclassified Email RCM 706 0083

FOROFFICIALUSEONLY

02212764

From:
SenL
To:
Cc:
Subject:
Signed By:

FOROFFICIALUSEONLY

29162

Davis, BonitaNCIV USA DCS G-2(b) (6)
Thursday, January 27. 2011 3:56 PM
Hemphill,MarlaRLTC MIL USA MEDCOM BAMC; (b) (6)
C a r i i l e , M o n i c a L S F C USA JFHQNCR/MOW SJA; Rains, L a n ^ E M r C I V U S A OCS G-2;
Cunningham,RobertFMrC1VUSA;Fein,AshdenCPTUSAJFHQNCR/MOWSJA
(U) RE: Investigation Status Update Processing, Ticket No. CLR000000084588
(UNCLASSIFIEO)

(b) (6)

C l a s s i f i c a t i o n : UNCLASSIFIEO//FOR OFFICIAL USEONLY
LTCHemphill,
Please scan y o u r new s i g n a t u r e pages ( t h r e e ) t o Mr. Cunningham and " c c '
".

(b) (6)

v/r

BONITADAVIS
Assistant Security Manager

UnclassifiedEmailRCM 706 0084

FOROFFICIALUSEONLY

02232102

From:
Sent:
To:

FOR OFFICIAL USE ONLY

29163

Cunningham, Robert F Mr CIV USA (b) (6)
>
Thursday, January 27, 2011 4:19 PM
(b) (6)
; Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA
(b) (6)

Cc:

Subject:

Cariile, Monica L. SFC USA JFHQ-NCR/MDW SJA
; Rains, Larry E Mr CIV USA DCS G-2
(b) (6)
Davis, Bonifa N CIV USA DCS G-2
(b) (6)
>
RE: Investigation Status Update - Processing, Ticket No. CLR000000084588
(UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: NONE
LTC Hemphill,
Ifyou havetiiemscanned and in e-QIP. vve shodd not need tlieni. 1 will have one ofmy folks pull the case and take a look for me.
Bobby
V/R

Robert F. Cunningham
Persomiel Security Im cstigalion
Center of Excellence

(b) (6)
(b) (6)

,

r..

Unclassified Email RCM 706 0085

FOROFFICIALUSEONLY

02221883

From:
Sent:
To:

Cc:
Subject:
Attach:

FOROFFICIALUSEONLY
Maria Hemphill (b) (6)
Thursday.Januai^ 27,20115:46 PM
Davis, BonifaNCIVUSA DCS G-(b) (6)
RobertFMrCIV USA (b) (6)
JFHQ NCR/MDW SJA ^(b) (6)

29164

^
^; Cunningham,
l^; Fein, Ashden CPTUSA

(b) (6)

Re: (U) RE: Investigation Status Update Processing, Ticket No CLR000000084588
(UNCLASSIFIED)
Hemphill,Maria releasesOl271lpdf

Herearefhesignature pages
v/r,
LTCHemphill

UnclassifiedEmailRCM 706 0086

FOROFFICIALUSEONLY

02891837

From:
SenL
To:
Cc:

FOROFFICIALUSEONLY

29165

Subject:
Attachments:

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday, February 03, 2011 7:42 PM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
coombs@armycourtmartialdefensecom; Benesh,SamanthaMCPT MIL USA MEDCOM
MAMC; Hemphill,MarlaRLTC MIL USA MEDCOM BAMC; Morrowlll,JoDean,CPT USA
JFHQNCR/MDW SJA; Cariile,MonicaLSFC USAJFHQNCR/MDW SJA;
(b) (6)
RCM 706Order (PFCBM)
11Feb^03 RCM 706 Order pdf

Importance:

High

Or. Sweda,
Good evening. Attached i s the Convening Authority's order to re-start the
RCM 706 Board for PFC Manning. The prosecution intends to prepare the
a l l i e d documents t o send to you and your team early next week. I f you have
any questions, please ask. Thank you.
v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

UnclassifiedEmailRCM 706 0087

FOROFFICIALUSEONLY

02221882

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY
(b) (6)
Friday, Februaiy 4, 2011 7:42 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA RE: RCM 706 Order (PFC BM) (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Sir:
Please inform mc of how/wfien 1 shouW tie read on to this case (i.e., security read on),
v/r.
Micliael Sweda, Ph.D., ABPP (Forensic)
Hoard-Certified Forensic Psychologist
ChieL Forensic Psychology Seivice
Director, Forensic Psvchology Fellowship Walter Reed Armv Medical Center
(b) (6)
(b) (6)

"The United States themselves arc essentially the greatest poem.
Past and present and fiiture are not disjoined but joined."

FOR OFFICIAL USE ONLY

29166

>

02891829

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY

29167

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Friday,Februaty 04,2011 8:00 AM
(b) (6)
RE: RCM 706 Order (PFCBM) (UNCLASSIFIED)

Or. Sweda,

The OA Security personnel confirmed you are already read-on to SI/TI^/G/HCS. Are you under
the impression that you are not?
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (Mf^)
(b) (6)

UnclassifiedEmailRCM 706 0089

FOROFFICIALUSEONLY

02221879
From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY
M(b) (6)
Friday,February 4,2011815AM
Fein, Ashden CPTUSAJFHQ-NCR/MDW SJA ^(b) (6)
RE:RCM 706Order(PFCBM)(UNCLASSlFIED)

29168

>

ClassificationUNCLASSIFIED
Caveats: NOf^
Sir;
lliave been read on in the past in anotiier case lliave made limited use of mysecurityclearance in the past and am not thoroughly
familiarwith tlie procedures Itliought the read on might beaease-by-case issue, bulnowlknowil is not.
v/r
Michael Sweda. PhD.ABPP (Forensic)
Board-Certified Forensic Psychologist
CliieL Forensic Psy cliology Serv ice
Director. Forensic Psvchologv Fellowship WalterRe^ Amiv Medical Center
(b) (6)

"TheUiiitedStatesthemselvesareessentiallytiiegreatestpoem
Past and present and future are not disjoined but joined."

^^^^^^^^^^^^
Unclassified Email RCM 706 0090

FOROFFICIALUSEONLY

02215541

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To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29169

coombs@armycourtmartialdefense.com
Monday,Februaty^7,20118:46 AM
Fein, Ashden CPTUSAJFFIQNCR/MDW SJA (b) (6)
l>
Benesh,SamantiiaMCPTM1L USAMEDCOMMAMC
(b) (6)
;Heraphill,MarlaRLTC MIL USAMEDCQM
BAMC (b) (6)
^;MonowIILJoDean, CPTUSAJFHQ
NCR/MDW SJA (b) (6)
il>, Carlile, MonicaL SFC
USAJFHQNCR/MDW SJA ^(b) (6)
>; Matthew
(b)
(6)
kemkes
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
(b) (6)
>;MooreKeyin(b) (6)
^
|^SuspectedSPAMjRE:RCM 706Order(PFCBM)

Or.Sweda,
The R.C.I^. 706 order indicates that the defense would like CapL l^eyinl^oore to be permitted to "monitor
the examinations conducf;ed by metnbers of the board," Iwould like to clarify that the defense does not
want CapL l^oore to participate in the 706 board or to intetjed himself in any manner during the board.
We simply request that CapL I^oore be allowed to sit while the board conducts its work. The goal of this
request is so that he could be inabetter position to educate defense counsel on the board's testing arid
results.
Additionally,although the convening authority has givenafour week suspense date for completion of the
board,the defense views this suspense as aspirationaf Clearly,you and the board should feel free to take
the time necessary to conductathorough and complete examination of PFC IManning. If the board
requires an extension of time,you should feel free to submit sucharequest through the trial counsel.
Undoubtedly,any request for an extension of time by the board would be granted. In the end,the most
import;ant thing is that the board takes the time it needs to in order to feel comfortable with its results.
BesL
David
David E.Coombs, Esq.
Law Office of David E.Coombs
45 North l^ain Street, 5th Floor
Fall River,I^A 02720
Office:1^005^^4156
Fax: (50^)324 9^96
^^ombs^^riTiyi;;o^^^^
www.aFmycourtmartialdefense.coni
'^**ConfidentialityNotice:This transmission,induding attachments, may contain confidential attorneyclient information and is intended for the person(s)or company named. If you are not the intended
recipienL please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this
information may be unlawful and is prohibited.***

FOR OFFICIAL USE ONLY

02891868

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29170

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Monday, Febmary 07, 2011 8:50 AM
coombs@armycourtmartia1defense.com
Benesh,SamanfhaMCPT MIL USA MEDCOM MAMC; HemphilfMariaRLTC MIL USA
MEDCOM BAMC; Mon^ow III, JoDean,CPTUSAJFHQNCR/MDW SJA; Cariile, MonicaL
SFC USA JFHQ-NCF^MDW SJA; Matthew kemkes; (b) (6)
;
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
RCM 706 (PFCBM)

Or. Sweda,

Good morning. The prosecution has a compact disk of documents t o set^ve as the a l l i e d
documents for this case. What i s the best way t o ensure prompt delivery t o you and the
board? Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

UnclassifiedEmailRCM 706 0092

FOROFFICIALUSEONLY

02221876

From:
Sent:
To:
Cc:
Subject:
Signed By:

Classification:
Caveats: NONE

FOROFFICIALUSEONLY

29171

(b) (6)
Monday, Febmary 07, 2011 2:36 PM
Fein, Ashden CRT USA JFHQ NCR/MOW SJA; coombs@armycourtmartialdefense.com
(b) (6)
;Monow111,JoDean,CPT USA JFHQ-NCR/MDWSJA; Cariile,
MonicaLSFC USAJFHQNCF^DW SJA; Matthewkemkes;
(b) (6)
RE; RCM 706 (PFCBM) (UNCLASSIFIED)
BENESHSAMANTHAMARIE 1272647034

UNCLASSIFIEO

CPT Fein,
Dr. Sweda w i l l be out of the office the rest of this week^ please send the
disk to my attention via courier or Fed Ex t o the following address:
ATTN: MAJ Samantha Benesh
6900 Georgia Ave, N.W.
Bldg 6/Borden Pavilion, 3rd Floor
Department of Psychology
Washington, OC 20307
Please do NOT send the disk via USPS/regular mail. Our mail system at WRAMC i s
notorious for losing letters or delivering them only after a significant
delay.

v/r,
Samantha M. Benesh
MAJ, MS, USA
Forensic Psychology Fellow
Walter l^eed Army Medical Center
(b) (6)

Unclassified Email RCM 706 0093

FOROFFICIALUSEONLY

02221875

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY
(b) (6)
Monday, February 7, 2011 3:12 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA RE: RCM 706 Order (PFC BM) (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: NONE
Sir:
I have read and acknowledged receipt ofthe Protective Order. Does this need to be signed and notarized?
v/r,
Michael Sweda, Ph.D., .ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief, Forensic Psychok)gy Service
Director, Forensic Psychology Fellowship Walter Reed Army Medical Center
(b) (6)

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

U„c,as.« Em., RCM 706

FOR OFFICIAL USE ONLY

29172

>

02221871

FOROFFICIALUSEONLY

From:
SenL
To:
Subject:
Attachments:
Signed ^y:

(b) (6)
Monday, Febmary 07, 2011 3:52 PM
Fein, Ashden CRT USAJFHQ-NCR/MDWSJA
RE; RCM 706 (PFCBM) (UNCLASSIFIED)
Benesh Protedive Order.POF
BENESHSAMANTHAMARIE 1272647034

FollowUpFlag:
FlagStatus:

Followup
Completed

Classification:
Caveats: NONE

UNCLASSIFI50

CPT Fein,
My signed acknowledgement of receipt of Protective Order in the case of PFC
Manning i s attached.
v/r,
Samantha M. Benesh
MAJ, MS, USA
Forensic Psychology Fellow
Walter Reed Army Medical Center
(b) (6)

5

Unclassified Email RCM 706 0095

FOROFFICIALUSEONLY

29173

02221869

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY

29174

(b) (6)

Monday, February 7, 2011 3:59 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
RE: RCM 706 Order (PEC BM) (UNCLASSIFIED)

l>

ClassificationUNCLASSIFIED
CaveatsNONE
Sir
Iftiieacknowledgmeiit fonn regardingreceiptof the protective orderneeds to be sigiied and notartzed.Iatteiiipted to do so today at
the WRAMC JAGoffice Ivvasinfomied by the only slaff member on duty vvho isaiiolary that she codd not notarize it sincelama
DA civilian.
Please tell llie ifyou need it notarizcdverstisjust witnessed, oreven sillily acknowledged,
y/r,

Micliael Sweda. PIiD.ABPP (Forensic)
Board-Certified Forensic Psy cliologist
CliieL Forensic P^cliology Service
Director. Forensic Psvchology Fellowship WalterReed Anny Medical Cei^er
(b) (6)
(b) (6)

"Tlie United States themselves are essentially the greatest poem.
Past and present andfiitureare not disjoined but joined "

u n * s s « Ema, RCM 706 0006

FOR OFFICIAL USE ONLY

02891835

From:
SenL
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29175

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Monday,Febmary 07,2011 5:53 PM

(b) (6)
Cariile, Monica SFC MIL USA OTJAG
RE: RCM 706 Order (PFCBM) (UNCLASSIFIED)

Sir,

Please have the entire board sign the actual document. I t does not need to be notarized.
Thank you.

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary Oistrict of Washington (MOW)
(b) (6)

Unclassified EmailRCM 706 0097

FOROFFICIALUSEONLY

02891831

From:
SenL
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29176

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Monday, February 07, 2011 6:08 PM
Fein, Ashden CRT USA JFHQ NCR/MOW SJA;'(b) (6)
'Carlile, Monica SFC MIL USA OTJAG'
RE: RCM 706Order(PFCBM) (UNCLASSIFIEO)

Sir,

As a point of clarification, please do have i t notarized or sworn before someone with the
authority to swear. Thank you.

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military Oistrict of Washington (MOW)
(b) (6)

UnclassifiedEmailRCM 706 0098

FOROFFICIALUSEONLY

02221866

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29177

(b) (6)

Tuesday, February 8, 2011 7:48 A M
(b) (6)
(b) (6)
(b) (6)

Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA

MICHAEL.K.WESTl@US.ARMY.MIL
RE: RCM 706 Order (PFC BM) (UNCLASSIFIED)

Classification; UNCLASSIFIED
Cav eats; NONE
CPTKobrinski;
Is there sonieone in tbe WIL^MC JAGoffice vvho codd assist ine tod^ vvithgettingafbrmnolarized'^lvvill be leaving for Ft.
Ruckerlomorrow.andvviti be busy withacasetiiereall week.
Tliankyod
v/r,
Micliael Sweda PliD ABPP(Foreiisic)
Board-Certified Forensic Psy chologist
Chief Forensic Psy chology Serv ice
Director. Forensic Psvchologv Fellowship Walter Reed Amiv MedicalCcnter
(b) (6)
(b) (6)

"The United Slaleslhemselves are essentially the greatest poem.
Past and present and future are not disioined but joined."

und,.m.d Em., RCM 706 OOOO

FOR OFFICIAL USE ONLY

02221864

From:
Sent:
To:
Subject:
Attach:

FOR OFFICIAL USE ONLY
(b) (6)

Tuesday, February 8. 2011 1:53 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
FW: Scan from a Xerox WorkCentre Pro (UNCLASSIFIED)
SeanOOlPDF

Classification; UNCLASSIFIED
Caveats: NONE
Sin
Acknowledgement fonn (notarized) is attaclied.
v/r.
Michael Sweda, Ph D . ABPP (Forensic)
Boad-Ccnified Forensic Psy chologist
Chief Forensic Psychology Service
Director. Forensic Psychology Fellowship Walter Reed Army Medical Center
(b) (6)

"The United States themselves are essentially llie greatest poem.
Past and present and future are not disjoined but joined."

FOR OFFICIAL USE ONLY

29178

02889770

FOR OFFICIAL USE ONLY

From:
Sent:
To:
Subject

Fein. Ashden CPT USA JFHQ-NCR/MDW SJA
Tuesday, February 08, 2011 11:27 PM
(b) (6)
RE: Scan from a Xerox WoritCentre Pro (UNCLASSIFIED)

Thank you s i r .

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military O i s t r i c t of Washington (MOW)
(b) (6)

FOR OFFICIAL USE ONLY

29179

02221863

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY

29180

(b) (6)

Tuesday, February 8, 2011 11:27 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA Out of Office: Scan from a Xerox WorkCentre Pro (UNCLASSIFIED)

>

I am scheduled to be out of the office from 9 Feb through 11 Feb. 1 may bereachedfor urgent or other matters via cell (b) (6)
mil
Or, contact my Deputy Chief Dr. Pad Montalbano at(b) (6)

(b) (6)

FOR OFFICIAL USE ONLY

30t-

02221862

FOROFFICIALUSEONLY

(b) (6)
L
From:
Sent:
Wednesday,February9,20115:16AM
To:
Fein, Ashden CPTUSAJEHQNCR/MDW SJA (b) (6)
(b) (6)
Cc:
Subject:
Initid planforeyaluafionschedule(UNCLASSIEIED)

29181

^

Classification; UNCLASSIFIED
Caveats; NONE
CPTFein;
Ibelieve MarlaHemphill has been out of contact down in GTMO but will be back in the CONUS soon. We are discussing probable
dates forthe evaluation ofl6and 17 Feb andlMarch, with the 16th being an interview,the 17th psychological testing, andlMarch
aninterviewataSCIF.Wewill need to know where tiie SCIF location will be. Anadditional date for testing may be needed,
depending on how things go thel7th.
Iwill get back to youas soon as possibleregardingtherequestto have CAPT Moore sit in on the interview. At present,just to assist
in p1aiimng,ltlui^ he shodd nid^earraiigenients to attend the two interviews(I6Feb andlMarch), pending my havingfurther
discussions withthe other board members, lhave not vet been able to discuss therequestwith board members asagronp due toLTC
Hemphill's TDY
Istrongly feel that observation of tiie testing is not advisable, as tills may liave unknown effectson the testresdtsandthe testing (if
observed byathirdparty)would not be performed inastandatdizedfashion.
Weask that CAPT Moore adiust his schedule to the board's plans. Otherwise,scheduling becomes unwieldy and the evaluation will
undoubtedy be delayed as we try to coordinate four different schedules. Please tell him to call me at(b) (6)
16ifhe has
questions. Iwill be atFlRuckertiiis week onaTDY.
Please forward thiseniail(defense counsel) to others as needed.
Micliael Sweda
Classification; UNCLASSIFIED
Caveats: NONE

,^^a^.^Em.,RCM 706 0^o^

FOROFFICIALUSEONLY

02900769

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29182

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Wednesday, Februaiy 09, 2011 6:49 AM
(b) (6)
L
(b) (6)

;
coombs@armycourtmartialdefense com; Mon-ow 111, JoDean, CPT USA JFHQ NCR/MOW
SJA: Matthew kemkes: (b) (6)
; Haberiand, John CPT MIL USA
RE: Initial plan for evaluation schedule (UNCLASSIFIEO)

Or. Sweda,
Thank you.
(paragraph
the extent
inquiry."

CCed are the defense counsel. As per the convening authority's guidance
5, order dated 3 Feb 11, you as the Board president are authorized to "determine
to which the defense expert consultant ^CAPT Moorej may participate i n the board's
At t h i s point, t h i s decision i s s t r i c t l y up to you.

I f you feel CAPT Moore's participation w i l l hinder the administrative process and/or affect
the board's test results and testing, and you want to exclude him from the overall process,
t h i s i s completely up t o you. The defense would then have to re p e t i t i o n the convening
authority to change his guidance. However, i f you feel that CAPT Moore can f u l l y
participate, or participate i n some manner (less than f u l l ) , then you may approve that as
well.
To reiterate what Mr. Coombs stated i n his email on Monday, 7 Feb 11, the most important
aspect of this RCM 706 (and a l l others) i s that the board has adequate enough time t o
complete the process and i s comfortable with the results. I f CAPT Moore's participation
affects the results, then you are empowered to exclude him from the process.
For the 16th and 17th, where do you envision the interview and testing t o take place (WRAMC)?
I f at WRAMC, i s i t possible to schedule both during off-set hours? Pending contrary
guidance, we w i l l start making tentative plans f o r you to meet with PFC M i n a SCIF on 1 Mar.
We are s t i l l working on the location, but i t w i l l l i k e l y be i n or around Ft Belvoir, ^A.

v/r
CPTFein
Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
U.S. Army M i l i t a r y O i s t r i c t of Washington (MOW)
(b)
(6)

UnclassifiedEmailRCM 706 0104

FOROFFICIALUSEONLY

02221859

From:
Sent:
To:
Cc:

FOROFFICIALUSEONLY

29183

(b) (6)

Wednesday,Febrtiary9,20II7:52AM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
(b) (6)

coombs@armycourtmartialdefense cora; Morrow HI, JoDean, CPT USA JFHQNCR/MDW SJA ^(b) (6)

Subject:

RE: Initid plan forevaluationschedule(UNCLASSlFIED)

ClassificationUNCLASSIFIED
CaveatsNONE
Sir;
Weplan to evduate at the (quantico brig if al all possible Idot^tperfomievdualioiisofindividudswIioareeoiifinedatWRMAC
fbr securiiy and other reasons
Wevvitiget back toyouabotitCAPTMoore's possible participation through unobti:usive observation forthe interviews
evaluation lain clearthat his presence dtiring the psychological testing pliases is undesirable fromastandpoint of static
administration.
Michael Sweda

UnclassifiedEmailRCM 706 0105

FOROFFICIALUSEONLY

02221853

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To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29184

(b) (6)

.MIL
Friday, February 11, 2011 6:43 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA ;
.(b) (6)
coombs(@amiycourtmartiddefense.com; Morrow III, JoDean, CPT USA JFHQNCR/MDW SJA (b) (6)

>

RE: Initial plan for evaluation schedule (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats; NONE
CPT Fein:
I Iiav e considered the request for CAPT Moore to attend ihe interv iew ponrons oftiieevaluation, and 1 am willing to accommodate the
request specifically to increase tlx: nansparency of the process. Ideally tiic inten iew should be observ ed through a one way mirror. I
believe tliis arrangement is avmlable at Quantico. Ifa SCIF can be chosen with a one way mirror that would be ideal, but is not an
absoluterequirement(jusl a desirable feature).
We request that CAPT Moore strictly adhere to observation ofthe interviews only, and not meet witii tlie accused during bnsaks or
otlicrvvisc interact w itii him during the interviews.
MAJ Benesh will begin w ith testing on Tucs 16 Feb. Wed 17 Feb will be the first interview at Quantico. If you could contact the brig
for me to arrange for use of appropriate space, as 1 am on TDY now, I wodd appreciate it. The SCIF interview dale will be agreed
upon early next week.
Tliank you!
Micliael Sweda

Unclassified Email RCM 706 0106

FOR OFFICIAL USE ONLY

02221850

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To:

FOR OFFICIAL USE ONLY

29185

(b) (6)

Cc:

Friday, February 11, 2011 6:49 AM
MICHAEL.SWEDA@US ARMY.MIL; Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA
(b) (6)
>
(b) (6)
;
coombs@amiycourtmartialdefense.com; Morrow IB, JoDean, CPT USA JEHQNCR/MDW SJA (b) (6)
>; Matthew kemkes

Subject:

RE: Initial plan for evaluation schedule (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Sir: correction to the prior. Ev aluations will still be scheduled the 16th and 17th. but tlie interview will be on the 16lh (which is a
Wednesday) andtiietesting will be on the 17tii (a Thursday).
Michael Sweda

FOR OFFICIAL USE ONLY

02221847

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Sent:
To:
Cc:
Subject:
Signed By:

Classification:
Caveats: NONE

FOR OFFICIAL USE ONLY

29186

Benesh, Samantha M MAJ MIL USA MEDCOM MAMC (b) (6)
l]
Monday, Febmary 14, 2011 8:02 AM
Cariile, Monica L. SFC USA JFHQ-NCR/MOW SJA
coombs@armycourtmartia1defense.com; Fein, Ashden CPT USA JFHQ-NCR/MOW SJA;
Sweda, Michael G Dr CIV USA MEOCOM WRAMC; Hemphill, Maria R LTC MIL USA
MEDCOM BAMC
RE: RCM 706 (PFC BM) (UNCLASSIFIED)
BENESH.SAMANTHA.MARIE.1272647034

UNCLASSIFIEO

SFCCarlile,
I attempted to open the documents on the CO you brought over but they are
encrypted using Credent Mobile Guardian version 5.3 and we only have 5.2 at
WR/^C. I contacted DOIM here and they are unable to i n s t a l l 5.3 on my machine.
Unfortunately t h i s means we w i l l need you t o get us a new CO with the
documents encrypted with older software or using a different format.

v/r,
Samantha M. Benesh
MAJ, MS, USA
Forensic Psychology Fellow
Walter Reed Army Medical Center
(b) (6)

Unclassified Email RCM 706 0108

FOR OFFICIAL USE ONLY

02900754

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29187

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Monday,Febmaiy 14,20118:14AM
(b) (6)
'(b) (6)
'coomtis@armycourtmartialdefense.com'; Morrow 111, JoDean, CPT USA JFHQ NCR/MOW
SJA; Matthew kemkes;'(b) (6)
';'Haberland, John CPT MIL USA';
Cariile,MonicaLSFC MIL USA OSA
RE; Initial plan for evaluation schedule (UNCLASSIFIEO)

Or. Sweda,

Good morning. We confirmed that (quantico Brig has an area available to your team to conduct
the l^CM 706 with the accused. I assume you are familiar with this location because i t ^ s the
same place other pre t r i a l confinees participate in their RCM 706 board. However, the Brig
does not have an area with a one-way mirror available.
For the 16th and 17th, where do you envision the interview and testing to take place (WRAMC)?
I f at WR/^C, is i t possible to schedule both during off set hours? We are s t i l l working on
the location of the SCIF, but i t w i l l likely be in or around Ft Belvoir, ^A. Later this
week, we w i l l need the proposed date for the meeting in the SCIF.
We w i l l work to get another CO to your team within the next 24-hours.
Thank you.
y/r

CPT Fein
Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary Oistrict ofWashington (MOW)
(b) (6)

Unclassified Email RCM 706 0109

FOROFFICIALUSEONLY

02221844

FOR OFFICIAL USE ONLY

29188

Sweda, Michad G Dr CPV USA MEDCOM WRAMC

From:

(b) (6)

Sent:
To:
Cc:

Monday, February 14, 2011 8:43 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
U>
(b) (6)
a; Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
; Morrow III,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
>;
(b) (6)
Matthew kemkes (b) (6)
Haberland, John CPT MIL USA (b) (6)
l>; Carlile, Monica SFC
MIL USA OTJAG (b) (6)
il>
RE: Initial plan for evaluation schedule (UNCLASSIFIED)

Subject:

aassification: UNCLASSIFIED
Caveats: NONE
Sir
We will do the non-classified portions of the evaluation at Quantico. Tliank you for getting us a new CD.
We plan on starting the evaluation on tiie 16tii al 0830, allowing for a possible delay due to traffic, which on occasion is vciy difficult,
y/r,

Michael Sweda, Ph D,. ABPP (Forensic)
Board-Certified Forensic Psychologist
ChieL Forensic Psy chology Service
Director, Forensic Psvchologv Fellowship Walter Reed Army Medical Center
(b) (6)

Tlic United States themselves arc essentially the greatest poem.
Pjtet and present and future are not disjoined but joined."

Unclassified Email RCM 706 0110

FOR OFFICIAL USE ONLY

02221842

FOR OFFICIAL USE ONLY

29189

From:

Sweda, Michael G Dr CIV USA M E D C O M W R A M C
(b) (6)

Sent:

Tuesday, February 15, 2011 11:56 A M

To:

Moore, Kevin D. CAPT (b) (6)
(b) (6)
Benesh, Samantiia M MAJ MIL USA MEDCOM MAMC
(b) (6)
; coombs(®arniycourtmartialdefense.com; Morrow HI,
JoDean, CPT USA JFHQ-NCR/MDW SJ A (b) (6)
>;
Matthew kemkes (b) (6)
;
Haberland, John CPT MIL USA (b) (6)
>; Carlile, Monica SFC
MIL USA OTJAG (b) (6)
>; Fein, Ashden CPT USA JFHQNCR/MDW SJA
Cc:

Subject:

RE: 706 Evaluation (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats; NONE
CAPT Moore:
I gave notice yesterday tliat we are phuining lo begin tomorrow at 0830. with possible allowance for a somewhat later start if Uie
Board members are delayed by traffic. Please adjust your sclicdule accordingly.
The instmctions fortiieobserv ing liealth professional is tliat tiiere is to be no interaction by the observ er vvith the evduee during the
ev aluation process, meaning the entire day llial we see lum for each interv iew.
Tliank you.
v/r,
Michael Sweda. Ph.D., ABPP (Forensic)
Boad-Ccrtificd Forensic Psychologist
Chief. Forensic Psychology Serv ice
Director, Forensic Psychology Fellow ship Walter Reed Army Medical Center
(b) (6)

"The United States themselves are essentially llie greatest poem.
Past and present and future are not disjoined but joined,"

FOR OFFICIAL USE ONLY

02891816

FOROFFICIALUSEONLY

29190

Subject:
Attachments:

Fein,Ashden CPT USAJFHQNCR/MDW SJA
Wednesday,March 02,2011 11:15 PM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC;
coombs@armycourtmartialdefense.com; Morrow 111, JoDean, CPT USA JFHQ-NCR/MDW
SJA; Matthew kemkes; (b) (6)
; Haberiand, John CPT MIL USA;
Carlile,Monica SFC MIL USA OTJAG; Hemphill,MarlaRLTC MIL USA MEDCOM BAMC
RCM 706 AddifiondCharges(USyPFCBM)
Addifiond Charge Sheet REDACTED LOWRES(ManningB) pdf

Importance:

High

From:
Sent:
To:
Cc:

Or. Sweda,
Attached is a copy of additional charges in the case of U.S. v. PFC Manning.
On behalf of the convening authority, please include these charges in the
board's evaluation. As of today, both charge sheets are preferred and
should be considered.
Tomorrow morning, we are conducting a leader recon for the SCIF location for
the board to interview PFC Manning. After the recon, we w i l l start
coordinating the defense counsel's meeting with the accused and then when we
can plan the board's interview. After we set the date for Mr. Coombs to
meet, we w i l l ask the board for times to meet and then w i l l coordinate.
Thank you.
v/r
CPTFein
Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military Oistrict of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0112

FOROFFICIALUSEONLY

02221841

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Wednesday, March 2, 2011 11:17PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Out of Office: RCM 706-Additional Charges (US v. PFC BM)

1 am scheduled to be out oftiieoffice 1, 3, and 4 March. I may be reached for urgent or other matters via cell (b) (6)
Or, contact my Deputy Chief Dr. Paul Montalbano (b) (6)
mif

FOR OFFICIAL USE ONLY

29191

>

(b) 16.
(6)

02891811

From:
Sent:
To:
Cc:

FOROFFICIALUSEONLY

29192

Subject:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Wednesday,March 02,2011 11:19PM
Sweda, MichadGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC;
coombs@armycourtmartia1defense.com; Morrow 111, JoDean, CPT USA JFHQ-NCR/MDW
; Haberiand, John CPT MIL USA;
SJA: Matthew kemkes; (b) (6)
Cariile,Monica SFC MIL USA OTJAG; HemphilfMarlaRLTC MIL USA MEOCOM BAMC
RCM 706^Addifiona1 Charges (USvPFCBM)

Importance:

High

Or. Sweda,

Also, could you please provide an estimated timeline for when the RCM 796
board w i l l be complete. The convening authority's order, dated 3 Feb 11,
gave a suspense of four weeks to complete the board. I assume because you
have not met with the accused, that you w i l l need an extension of time. As
per the convening authority's order, please provide an extension request.
Thank you.
v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military Oistrict of Washington (MDW)
(b) (6)

Unclassified Email RCM 706 0114

FOROFFICIALUSEONLY

02202551

From^
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY
Morrow IB, JoDean, CPTUSAJFHQNCR/MDW SJA
^(b) (6)
Thursday,March 3,2011 1:23 PM
'(b) (6)
Fein, Ashden CPTUSAJEHQNCR/MDW SJA ^(b) (6)
PFCManning(UNCLASSIEIED)

29193

l^

ClassificationUNCLASSIFIED
CaveatsFOUO
Sir,
lapologi^e for contacting you while on leave. PFC Manning was placed on suicide watch last night because of comments
he made to the brig staff,short1y after being served with additional charges. Col Choike, the Marine garrison
commander,is concerned that Manning has no one to talk with while youare away. Do you have an alternative or
anyone you trust to speak witb Manning? Anyone in the behavioral health communitythat we should notify about his
change in status7
Respectfully,
CPT Joe Morrow
Trial Counsel
U.S.Army Military District ofWashington ^MDW)
(b) (6)

ClassificationUNCLASSIFIED
CaveatsFOUO

FOR OFFICIAL USE ONLY

02221840

From:
Sent:
To:

FOR OFFICIAL USE ONLY

29194

Mdone, Ricky D COL MIL USA MEDCOM WRAMC
>
Thursday, March 3. 2011 1:34 PM
Mon-ow III, JoDean, CPT USA JFHQ-NCR/MDW SJA

(b) (6)

(b) (6)

Cc:
Subject:

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA Re: PFC Manning (UNCLASSIFIED)

>

1 spoke with CW02 Barnes this morning. 111 stop by and see him on my way home tomorrow. 1 don't thrik they would change
anything at fhis point anyway. He did request a preference for a female psychologist, which I am working on. There's a new
one joining our tele-psych service who lives in the area, her boss agreed to have her see him when she completes the
credentialing process. I'll contact you about getting her cleared v/hen she comes on board.
Regards,
Rick Malone, MD, MPH
COL, MC, SFS

(b) (6)

Director, Center for Forensic Behavioral Sciences
Forensic Psychiatry Consultant to the Army Surgeon General
USAAMA Aeromedical Psychiatiy Consultant
(b) (6)

gov

Unclassified Email RCM 706 0116

FOR OFFICIAL USE ONLY

02202547

From:
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To:

FOR OFFICIAL USE ONLY

29195

Mon-ow III, JoDean, CPT USA JFHQ-NCR/MDW SJA
>
Thursday, March 3,2011 1:37 PM
'Mdone, Ricky D COL MIL USA MEDCOM WRAMC

(b) (6)

(b) (6)

Cc:
Subject:

Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
RE: PFC Manning (UNCLASSIFIED)

>

Classification: UNCLASSIFIED
Caveats; FOUO
Tlianks for die update Sir. Again, som to bother you w hile you're on leave, bul I guess CW02 Bames did not update her/his chain of
command.
CM Joe Morrow
Trial Counsel
U.S. Annv Militarv District of Washington (MDW)
(b) (6)
(b) (6)

Unclassified Email RCM 706 0117

FOR OFFICIAL USE ONLY

02202543

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY
Mon^owBLJoDean, CPTUSAJFHQNCR/MDW SJA
^j(b) (6)
^
Thursday,March 3,20111:58 PM
'Malone, RickyDCOL MIL USAMEDCOMWRAMC
^( (b) (6)
b
Fein,
Ashden CPTUSAJFHQNCR/MDW SJA ^(b) (6)
)
RE:
( PFC Manning (UNCLASSIFIED)

29196

^

6
)

ClassificationUNCLASSIFIED
Caveals;FOUO
Sir,
One last question-Is tliereanytiiing tlie brig needs to do medically before tomorrows Anyone we shodd contact'^ Anyadditional
safely measures'^
CPT Joe Morrow
TrialCounscl
US AmiyMilitarvDistrict ofWashington (MDW)
(b) (6)

UnclassifiedEmail RCM 706 0118

FOROFFICIALUSEONLY

02221838

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29197

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
(b) (6)

Thursday, March 3, 2011 2:07 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA l>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
; coombs@armycourtmartialdefense.com; Morrow IH,
JoDean, CPT USA JFHQ-NCR/MDW SJA ;
(b)
Matthew kemkes (6)
Haberiand, John CPT MIL USA (b) (6)
Carlile, Monica SFC
(b)
(6)
MIL USA OTJAG <
>; Hemphill, Maria R LTC MIL USA
(b) l>; Moore, Kevin D. CAPT
MEDCOM BAMC (b) (6)
(6)
RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats; NONE
SirandALCON:
We liave tentatively set a date of 11 March (Friday) for the next interview at tiic SCIF. beginning al 0830. Tell us iftillswill woric.
v/r.
Micliael Sweda. Ph.D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief Forensic Psy chology Scn icc
Director. Forensic Psv chologv Fellow ship Waller Reed Annv Medical Center
(b) (6)
(b) (6)

"Tlie United Stales themselves are essentially the greatest poem.
P;ist and present zmd futiue are not disjoined bul joined."

FOR OFFICIAL USE ONLY

02221836

From.

FOR OFFICIAL USE ONLY
Malone, RickyDCOL MIL USA MEDCOM WRAMC
(b) (6)

Sent:
To:
Cc:
Subject:

Thursday, March 3,2011 3:32 PM
Mon-ow III, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Re: PFC Manning (UNCLASSIFIED)

No. I iliink they would keep him on watch any way. then see if vve can put him back on POI tomorrow.
Rick Malone, MD, MPH
COL. MC. SFS

(b) (6)

Director. Center for Forensic Beliav ioral Sciences
Forensic Psy cliialiy Consultant to the Anny Surgeon General
USAAMA Aeromedical Psychiatry Coiisultani
(b) (6)
il
c.gov

FOR OFFICIAL USE ONLY

29198

02891717

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29199

Fein,/^hden CPT USA JFHQ NCR/MDW SJA
Thursday,March 03, 2011 10:13 PM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USAMEDCQM MAMC;
coombs@armycourtmartia1defense com; Morrow 111, JoDean, CPT USA JFHQ-NCR/MDW
SJA: Matthewkemkes; p(b) (6)
; Haberiand,John CPT MIL USA;
Cariile,Monica SFC MIL USA OTJAG; Hemphill,MariaRLTC MIL USA MEDCOM BAMC;
Moore,KevinOCAPT
RE: RCM 706^AddifiondCharges(USy PFCBM) (UNCLASSIFIED)

Or. Sweda. We conducted the leader recon of the SCIF and found the proper conference and
building just north of Ft. Belvoir, in Alexandria. Will you and the board be able to conduct
the interview on a Saturday? Although we do have access to the building during the week, we
would l i k e to minimize PFC Manning's exposure to the public during his transportation and
ultimately his tt^avel throughout a USG contracted building during the process. We would also
l i k e to use this building on a Saturday, so that the board and PFC Manning are more relaxed
going to an area that w i l l be pedestrian f r e e .
Please l e t me know whether t h i s is possible.

Thank you.

y/r

CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. Army Military Oistrict of Washington (MOW)
(b) (6)

Unclassified Email RCM 706 0121

FOROFFICIALUSEONLY

02215469

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29200

coombs@armycourtmartialdefense.com
Thursday, March 3,2011 10:59 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA >
Benesh,Samantha M MAJ MIL USA MEDCOM MAMC
; Morrow 111, JoDean, CPT USA JFHQ-NCR/MDW
SJA >; Matthew kemkes
(b) (6)
; Haberland.John
CPT MIL USA (b) (6)
il>; Carlile,Monica SFC MIL USA OTJAG
(b) (6)
Hemphill,Maria R LTC MIL USA MEDCOM BAMC
; Moore,Kevin D. CAPT
(b) (6)
l>; Sweda,Michad G Dr CIV USA MEDCOM
WRAMC [Suspeded SPAM] RE: RCM 706-Additional Charges (US v. PFC BM)
(UNCLASSIFIED)

Ashden,
I will need to coordinate with Mr. Ganiei and Mr, Hall, but I would prefer to have both of them at the SCIF
meeting. If scheduling conflicts prevent this from happening in a timely fashion, I will go with just one of
my security experts. Which Saturday are you looking at having access at the SCIF?
With regards to the wireless headset, I do not know if it is used for all of his calls. He has used it during
my conversations with him. The first time was yesterday.
Best,
David
David E. Coombs, Esq.
Law Office of David E. Coombs
45 North Main Street, 5th Floor
Fall River, MA 02720

Office: 1-800-588-4156
Fax: (508) 689-9282

c.Q.o.mbs.@a..r.mymg.rt.mart.i^.l,d.e.f.ens.e.^c.o.^n
www.armvcourtma rti a Idefen^
***Confidentiality Notice: This transmission, including attachments, may contain confidential attorneyclient 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.***

Unclassified Email RCM 706 0122

FOR OFFICIAL USE ONLY

02202478

From:
Sent:
To:

FOR OFFICIAL USE ONLY

29201

Morrow IB, JoDean, CPT USA JFHQ-NCR/MDW SJA
>
Monday, March 7, 2011 2:25 PM
'Mdone, Ricky D COL MIL USA MEDCOM WRAMC

(b) (6)

(b) (6)

Cc:
Subject:

Fdn, Ashden CPT USA TFHQ-NCR/MDW SJA neuropsychologist (UNCLASSIFIED)

>

Classification: UNCLASSIFIED
Caveats: FOUO
Sir,
If you have a moment today, 1 was wondering whether I could ask you a few questions about a defense request for
appointment of a neuropsychologisL Thanks.
CPT Joe Morrow
Trial Counsel
U.S. Army Military District of Washington (MDW)
(b) (6)

Classification: UNCLASSIFIED
Caveats: FOUO

FOR OFFICIAL USE ONLY

02221835

From:

FOR OFFICIAL USE ONLY
Mdone, Ricky D COL MB. USA MEDCOM WRAMC
(b) (6)

Sent:
To:

Monday, March 7, 2011 3:20 PM
Morrow III, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)
I>

Cc:

Fein, Ashden CPT USA JEHQ-NCRMDW SJA (b) (6)
, 'coombs@annycouitmartialdefense.com'
Re: neuropsychologist (UNCLASSIFIED)

Subject:

29202

No, as his treating psychiatrist you may not ask me ANYTHING about PFC Manning wifhoufasubpoena.
Isuggesf you referall future inquiries regarding his legal case fo his 706 Board orhis defense attorney, who should have
complete access to his records.
Regards,
Rick Malone, MD,MPH
COLMCSFS
(b) (6)

Director,Cenferfor Forensic Behavioral Sciences
Forensic Psychiatry Consultant tothe Army Surgeon General
USAAMA Aeromedical Psychiatry Consultant
(b) (6)

Unclassified Email RCM 706 0124

FOR OFFICIAL USE ONLY

02895898

From:
SenL
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29203

Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
Monday,March 07,2011 3:35 PM
Malone,RickyDCOL MIL USA MEOCOM WRAMC; Monow 111,JoDean,CPTUSA JFHQNCR/MDW SJA
'(b) (6)
';'coombs@armycourtmartia1defense.com'
RE: neuropsychologist (UNCLASSIFIED)

S i r . Thank you. Just t o c l a r i f y , we were not asking your opinion on whether a
neuropsychologist i s needed f o r PFC Manning, but rather as the Chief, Forensic Psychiatry,
what neuropsychologists are a v a i l a b l e i n the NCR. Now t h a t you have taken over as the
primary t r e a t i n g physician, we w i l l not address f u t u r e a d m i n i s t r a t i v e matters w i t h you,
please d i r e c t us t o whom we may speak w i t h t o understand t h i s request f o r the Convening
A u t h o r i t y outside of the RCM 706 board. Thank you.

The defense counsel is s t i l l CCed on t h i s email.
v/r

CPTFein

Ashden Fein
CPT, JA
Chief, M i l i t a r y Justice
U.S. ^rmy M i l i t a r y O i s t r i c t o f Washington (MOW)
(b) (6)

UnclassifiedEmail RCM 706 0125

FOROFFICIALUSEONLY

02221832

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29204

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Tuesday, March 8, 2011 11:04 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
l>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
coombs@armycourtmartialdefense.com; Morrow HI,
JoDean, CPT USA JFHQ-NCR/MDW SJA l>;
Matthew kemkes (b) (6)
;
Haberiand, John CPT MIL USA (b) (6)
>; Cariile, Monica SFC
MIL USA OTJAG (b) (6)
; Hemphill, Maria R LTC MIL USA
MEDCOM BAMC >; Moore, Kevin D. CAPT
RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)
(b) (6)

Classification: UNCLASSIFIED
Caveats: NONE
Sir: We would like to do the interv iew on Saturday 26 March Tliis is the only Samrday availability for all three board members.
Hopefdly CAPT Moore ciui make il as well.
Micliael Sweda

FOR OFFICIAL USE ONLY

02891712

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29205

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Wednesday, March 09, 2011 4:30 PM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEOCOM MAMC;
coombs@armycourtmartia1defense com; Morrow 111, JoDean, CPT USA JFHQ NCR/MOW
SJA: Matthewkemkes; (b) (6)
il; Haberiand,John CPT MIL USA;
Cariile,Monica SFC MIL USA OTJAG; Hemphill,MariaRLTC MIL USA MEOCOM BAMC;
Moore, KevinO CAPT
RE: RCM 706^AddifiondCharges(USy PFCBM) (UNCLASSIFIEO)

Or. Sweda.

Thank you. I do not knowhow longyou anticipate the interview w i l l take, but i f possible,
can the board start at 1400 that Saturday? We are trying to coordinate the defense tomeet
with their client that morning before the interview and to finish the SCIF meetings as soon
as possible. Please advise.
Thank you.
^/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice
U.S. ArmyMilitary Oistrict of Washington (MOW)
(b) (6)

Unclassified EmailRCM 706 0127

FOROFFICIALUSEONLY

02221831

From:

Sent:
To:
Subject:

FOROFFICIAL USE ONLY

29206

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
L>
Wednesday, March 9, 2011 4:30 PM
il>
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Out of Office: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

1 am scheduled to be out of the office 7 Marchtiiomgh10 March. I may bereachedfor urgent or other matters via cell (b) (6)
(b) (6) 6. Or, contact my Deputy Chief Dr. Paul Montalbano (b) (6)

Unclassified Email RCM 706 0128

FOR OFFICIAL USE ONLY

-

02221827

From:

Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29207

Sweda, Michael G Dr CIV USA MEDCOM WRAMC

Friday, March 11, 2011 8:43 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
coonibs@armycourtmartialdefense.com; Morrow HI,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
Matthew kemkes (b) (6)
Haberiand, John CPT MIL USA (b) (6)
>; Carlile, Monica SFC
MIL USA OTJAG Hemphill, Maria R LTC MIL USA
(b) (6)
MEDCOM BAMC RE: RCM 706-Additiond Charges (US v. PFC BM) (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: NONE
CPT Fein;
We wodd like to be able tofinishthis in one day. especially giventiiatthis is occurring on a Saturday. A 1400 start time will clearly
nol permit completion of the evaluation in one day. We can liave an 0900 starttimeon a Saturday, orrevertto the interview occurring
on aregularwork day. The suggested dale of 26 March sliould allow more I ban sufficient time for pre-evaluatioa consultation to
occur.
v/r,
Michael Sweda. Ph.D.. ABPP (Forensic)
Boad-Certified Forensic Psychologist
Chief Forensic Psy chology Serv ice
Director. Forensic Psy chologv Fellowship Walter Reed Armv Medical Center
(b) (6)

"The United States ihcmscK cs are essentially tiie grealcsi poem.
Past and present and future are not disjoined bul joined."

FOR OFFICIAL USE ONLY

02891797

FOROFFICIALUSEONLY

29208

Subject:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Monday,March 14,2011 7:46 AM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC;
coombs@annycourtmartia1defensecom;Mon-ow111,JoDean,CPTUSAJFHQ-NCR/MDW
SJA: Matthew kemkes: (b) (6)
il; Habertand, John CPT MIL USA;
Cariile,MonicaLSFC USA JFHQNCR/MDW SJA; Hemphill,MariaRLTC MIL USA
MEOCOM BAMC; (b) (6)
RE: RCM 706^AdditiondCharges(USyPFCBM) (UNCLASSIFIEO)

Importance:

High

From:
SenL
To:
Cc:

Or. Sweda,

Good morning. The defense counsel is planning on meeting with the accused on Saturday, 26
March. Will the board be available to meet on Saturday, 2 April at 0900? I f not, and in an
effort to have the board complete i t s mission as soon as possible, we w i l l try to find
another SCIF for the board to meet during the week, after 26 March. The command can
accommodate a weekday meeting between PFC BM and the boards however, the command can better
provide security and privacy of the accused on a Saturday.
Also, does the board require the accused's movement to WRAMC or another f a c i l i t y for any
testing, IAW the convening authority's order?
Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA

Unc1assifiedEmailRCM 706 0130

FOROFFICIALUSEONLY

02221822

From:
Sent:
To:
Cc:

FOR OFFICIAL USE ONLY

Sweda, Michad G Dr CIV USA MEDCOM WRAMC
>
Monday, March 14, 2011 7:49 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA >
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
coorab s@ array courtm arti al def en se. com; Morrow IU,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
;
Matthew kemkes Haberland, John CPT MIL USA (b) (6)
; Carlile, Monica L.
SFC USA JFHQ-NCR/MDW SJA (b) (6)
; Hemphill,
Maria R LTC MIL USA MEDCOM BAMC (b) (6)
l>;

(b) (6)

(b) (6)

Subject:

29209

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

Classification; UNCLASSIFIED
Caveats; NOl^JE
CPT Fein:
MAJ Benesh is on leave on that date (2 April),
v/r,
Micliael Sweda. Ph.D.. ABPP (Forensic)
Board-Certified Forensic Psy cliologist
ChieL Forensic Psy chology Service
Director. Forensic Psv chologv Fellow ship Walter Reed Armv Medical Center
(b) (6)

)
"Tlic United States themselves are essentiallytiiegreatest poem.
Past and present and future are not disjoined but joined,"

FOR OFFICIAL USE ONLY

02891790

From:
SenL
To:
Cc:

FOROFFICIALUSEONLY

29210

Subject:

Fein, Ashden CRT USAJFHQNCR/MDW SJA
Monday,March 14,2011 8:47 AM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEOCOM MAMC;
coombs@armycourtmartia1defense.com; Mon^ow 111, JoDean, CPT USA JFHQ NCR/MOW
SJA: Matthew kemkes; (b) (6)
; Habertand, John CPT MIL USA;
Cariile,MonicaLSFC USA JFHQ-NCR/MDW SJA: Hemphill,MariaRLTC MIL USA
MEDCOM BAMC;(b) (6)
RE: RCM706^Additiona1Charges(USy PFCBM) (UNCLASSIFIED)

Importance:

High

Sir,

Thank you. We w i l l start making arrangements for the board to meet in another f a c i l i t y that
provides security and privacy of the accused. Could you please send me the soonest date,
after 26 March that the entire board is available.
Also, does the board require the accused's movement to WRAMC or another f a c i l i t y for any
testing, IAW the convening authority's order?
v/r
CPTFein

Ashden Fein
CPT, JA

Unclassified Email RCM 706 0132

FOROFFICIALUSEONLY

02221820

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Monday, March 14, 2011 9:52 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

29211

(b) (6)

Classification; UNCLASSIFIED
CaveatsNONE
Sir
Doyou warn me to provide an extensionrequestattiiistime7
y/r.
Micli^ielSwedaPliD ABPP (Forensic)
Board-Certified Forensic Psy chologist
ChieL Forensic Psy cliolo^ Serv ice
Director. Forensic Psv chologv Fellow ship Walter Reed Amiv Medical Center
(b) (6)
(b) (6)

"The United Stales tliemselves are essentially the greatest poem.
Past and present and fulure are not disjoined but joined."

FOR OFFICIAL USE ONLY

il>

02221813

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29212

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Monday, March 14, 2011 10:34 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
coombs@armycourtmartialdefense.com; Morrow IE,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
>;
;
Matthew kemkes (b) (6)
Haberiand, John CPT MIL USA (b) (6)
>; Carlile, MonicaL.
SFC USA JFHQ-NCR/MDW SJA >; Hemphill,
Maria R LTC MIL USA MEDCOM BAMC (b) (6)

(b) (6)

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

Classification; UNCLASSIFIED
Caveats: NONE
Sir:
Yes. wc will arrange for an appointment for neurological examination and brain imaging. Could you please provide several dates and
times tliat PFC Mamiing could be seen ai WRAMC'
Also, our forensicreportsarc not put into AHLTA. 1 assmne there would be no objection to theresultsofthe neurological
e.vamination being placed in AHLTA? The brain imaging and neurological ev aluation are strictly medical and not forensic findings.
v/r.
Micliael Sweda. Ph D . ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief Forensic Psychology Sen ice
Director. Forensic Psychology Fellowsliip Walter Reed Anny Medical Center
(b) (6)
(b) (6)

"The United States themselves arc essentially tiic greatest poem.
Past and present and future arc not disjoined but joined."

FOR OFFICIAL USE ONLY

02891781

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29213

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Monday,March 14,2011 10:55 AM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC;
coombs@armycourtmartia1defense.com; Morrow 111, JoDean, CPT USA JFHQ NCR/MOW
SJA: Matthew kemkes: (b) (6)
; Haberiand, John CPT MIL USA;
C a r i i l e , M o n i c a L S F C USA JFHQNCR/MDW SJA: Hemphill,MariaRLTC MIL USA
MEDCOM BAMC; Keyin D Moore@med navy mi1
RE: RCM 706-AdditiondCharges(USy PFCBM) (UNCLASSIFIEO)

Sir,

Please follow a l l normal procedures for capturing medical tests (including inputting the
information in AHLTA). The only information that needs to be removed is classified
information from the interview, pursuant to the convening authority's order.
We can move PFC BM any day that you schedule his appointments, so long as we are given four
duty days notice, to coordinate the move and security. Please let us know which days you plan
on moving him, and we w i l l schedule.
Also, because the board did not meet the suspense to complete the board, please provide a
request to the convening authority to extend the suspense with your best estimate of i t s
completion date. I f possible, please provide this request today so that we can promptly get
i t to the convening authority.
Break
In future correspondences, please refer to PFC BM using the accused or an abbreviation, e.g.
PFC BM or BM. This request is for security purposes.
Thank you.
v/n
CPT Fein

Ashden Fein
CPT, JA

UnclassifiedEmailRCM 706 0135

FOROFFICIALUSEONLY

02221806

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29214

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Monday, March 14, 2011 1:23 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
l>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
coombs@arniycourtmartialdefense.cora; Morrow IU,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
;
Matthew kemkes ;
Haberland, John CPT MIL USA (b) (6)
1>; Carlile, Monica L.
SFC USA JFHQ-NCR/MDW SJA (b) (6)
l>; Hemphill,
Maria R LTC MIL USA MEDCOM BAMC (b) (6)
(b) (6)

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

Classification; UNCLASSIFIED
Caveats; NONE
Sir:
If 26 fvfarch is not chosen, we would be avaiWilc 4 April (a Monday), or 9 April (a Satiirday).
v/r.
Micliael Sweda. Ph.D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief. Forensic Psy chology Service
Director. Forensic Psv chologv Fellow ship Walter Reed Armv Medical Center
(b) (6)

"The United Stales themselves are essentially the greatest poem.
Past and present and future are not disjoined but joined."

FOR OFFICIAL USE ONLY

02221799

From:
Sent:
To:

Cc:

FOR OFFICIAL USE ONLY

Sweda, Michad G Dr CIV USA MEDCOM WRAMC
>
Monday, March 14, 2011 2:34 PM
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
(b) (6)
>; Fdn. Ashden CPT USA JFHQ-NCR/MDW
SJA >
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
>; coombs@armycourtmartialdefense.com; Morrow IB,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
>;
Matthew kemkes (b) (6)
;
Haberiand, John CPT MIL USA l>; Cariile, Monica L.
SFC USA JFHQ-NCR/MDW SJA >; Hemphill,
Maria R LTC MIL USA MEDCOM BAMC (b) (6)
>;
(b) (6)

(b) (6)

Subject:

29215

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

Classification: UNCLASSIFIED
Caveats: NONE
Sir
Another matter has been called to my attention, and llie 9 April date would be preferred over 4 April,
v/r.
Micliael Sweda, Ph D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
CliieL Forensic Psychology Service
Dirccior. Forensic Psv chologv Fellow slup Walter Reed Anny Medicd Center
(b) (6)

"Tlic United States llicmsciv cs arc essentiallytiicgreatest poem.
Past and present and future arc not disjoined but joined."

FOR OFFICIAL USE ONLY

02221791

From:
Sent:
To:
Cc:

FOR OFFICIAL USE ONLY

29216

Sweda, Michad G Dr CIV USA MEDCOM WRAMC
(b) (6)

Monday, March 14, 2011 2:50 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
>; coombs@armycourtmartialdefense.com; Morrow III,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
l>;
Matthew kemkes (b) (6)
; (b) (6)
Haberiand, John CPT MIL USA Carlile, Monica L.
SFC USA JFHQ-NCR/MDW SJA >; Hemphill,
(b)
(6)
Maria R LTC MIL USA MEDCOM BAMC
;
(b) (6)

Subject:

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

Classification; UNCLASSIFIED
Caveats: NONE
Sir:
PFC BM lias an MRl scheduled at WR AMC for Wed 23 March at 1330. He w ill be seen by LTC Maigaret Swanberg at tiic
Neurology clinic on WD 61 al 11(X) tlial same day.
As a point of clarification in temis of tlic next sclicdulcd ev aluation, botii LTC Hempliill and MAJ Benesh are currently schedded lo
present at a training activity on 4 April Tlie activity is only sclieduled to occur once evety three monllis. and vve would like to
preserve tlial activity if at all possible. Hence, the 9 April date (a Saturday) is preferable
v/r,
Micliael Sweda. Ph.D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief Forensic Psy chology Sen ice
Director, Forensic Psv chology Fellowship Walter Reed Army Medical Center
(b) (6)

"Tlic United States themselves arc essentially the grealcsi poem.
Past and present ;md future are nol disjoined bul joined "

FOR OFFICIAL USE ONLY

02221783

From:
Sent:
To:
Cc:

FOR OFFICIAL USE ONLY

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Monday, March 14,2011 3:21 PM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
>; coombs@armycourtmartialdefense.com; Morrow DI,
JoDean, CPT USA JFHQ-NCR/MDW SJA l>;
Matthew kemkes ;
Haberiand, John CPT MIL USA (b) (6)
; Carlile, Monica L.
SFC USA JFHQ-NCR/MDW SJA ; Hemphill,
Maria R LTC MIL USA MEDCOM BAMC (b) (6)
(b) (6)

(b) (6)

Subject:
Attach:

29217

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

aassification: UNCLASSIFIED
Caveats: NONE
Sir
Ttic extensionrequestis attiiched.
v/r.
Michael Sweda. Ph.D.. ABPP (Forensic)
Board-Certified Forensic Psy chologist
ChieL Forensic Psy chology Service
Director. Forensic Psvchologv Fellowship Walter Reed Anny Medical Center
(b) (6)

"The United Stales ihemselves are essentially tiie greatest poem.
Past and present and future arc not disjoined but joined."

Unclassified Email RCM 706 0139

FOR OFFICIAL USE ONLY

02892098

FOROFFICIALUSEONLY

29218

From:
Sent:
To:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Tuesday,March 15, 2011 4:08 PM
Malone, R i c k y D C O L MIL USA MEOCOM WRAMC; Mon^ow 111,JoDean, CPTUSA JFHQ
NCR/MDWSJA

Subject:

RE; Quanfico Back up (UNCLASSIFIED)

Thank you sir. We w i l l wait until the psychotherapist recommendation and then w i l l need
their f u l l names, places of birth, and SSN.

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY

02891763

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29219

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday,March 17,2011 7:57AM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC;
coombs@armycourtmartia1defensecom; Morrowlll,JoDean,CPT USA JFHQNCR/MDW
SJA: Matthew kemkes:(b) (6)
; Haberiand, John CPT MIL USA;
Carlile,MonicaLSFC USA JFHQNCR/MOW SJA; Hemphill,MariaRLTC MIL USA
MEOCOM BAMC; (b) (6)
RE: RCM 706^Additiond Charges (USvPFCBM) (UNCLASSIFIED)

Or. Sweda,

We w i l l present your delay request tomorrow to the convening authority,
board plan on meeting 9 April 2011 with PFC BM. Thank you.
v/r
CPT Fein

Ashden Fein
CPT, JA

UnclassifiedEmailRCM 706 0141

FOROFFICIALUSEONLY

Please have the

02221782

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY
Benesh, SamanthaMMAJMILUSAMEDCOMM/^C
>
Thursday,Marchl7,20II7:57AM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
OutofOffice:RCM706 AdditiondCharges(USyPFCBM)(UNCLASSIFIED)

29220

(b) (6)

l>

Iwill be out oftiieoffice from 15-21 fvfarch201LFrom15-18Mareh1wiIl have intermittent access totillsemail account. From 1921 Marchlwill not have any access to this email account Ifyourequireimmediate assistance please contactMichael Sweda,
Dti^ector, WRAMC Forensic Psychology Fellowship Program, (b) (6)
65 v/r MAJ SamantiiaBenesh

UnclassifiedEmail RCM 706 0142

FOROFFICIALUSEONLY

02891730

From:
SenL
To:
Cc:

Subject:
Attachments:

FOROFFICIALUSEONLY

29221

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Sunday, March 20, 2011 12:52 AM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEOCOM MAMC;
coombs@armycourtmartia1defense.com; Morrowlll,JoDean,CPT USA JFHQNCR/MDW
l; Haberiand, John CPT MIL USA;
SJA: Matthew kemkes; (b) (6)
Cariile,MonicaLSFC USA JFHQNCR/MOW SJA: Hemphill,MariaRLTC MIL USA
MEOCOM BAMC: (b) (6)
RE: RCM 706^Additiond Charges (USvPFCBM) (UNCLASSIFIED)
11Mar-18-SPCMCA Sanity Boatd Extension Approval (ManningB).pdf; 10-Ju105-Origina1
Charge Sheet DISMISSED REDACTED (ManningB) pdf;11-Mar-01-AddifionalChatge Sheet
REDACTED (ManningB) pdf

Or. Sweda,

Good evening. Attached is the convening authority's approval of your
extensions however note the suspense date is set for the board to be
complete no later than 16 April 2011. Please submit additional requests for
extensions, to be considered by the convening authority, i f you need more
time, as 16 April approaches.
Also, we are scheduled to for PFC BM to move to WRAMC on 23 March 2011, for
his two appointments: (1) Neurology at 1100 (2) MRl at 1300. We are also
scheduled for the board to meet at the SCIF in Metro Park (Alexandria) on 9
April 2011. Ifyou need to schedule any other tests, please let us know
ASAP so we can schedule the movements and security for PFC BM.
Also, yesterday the convening authority dismissed the original charges
against PFC BM and directed the Article 32 investigating officer to consider
the additional charges. Attached are copies of both charge sheets, even
though you already received the additional charge sheet from me on 2 March
2011. Since the original charges were dismissed, you do not need to
consider them in your evaluation.
Thank you. Have a good weekend.
y/r

CPT fein

Ashden Fein
CPT, JA

UnclassifiedEmai1RCM 706 0143

FOROFFICIALUSEONLY

02221775

From:

FOR OFFICIAL USE ONLY

29222

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
(b) (6)

Sent:
To:
Cc:

Monday, March 21,2011 8:21 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
il>
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
coombs@armycourtmartialdefense.com; Morrow IE,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
>;
Matthew kemkes (b) (6)
;
(b)
(6)
Haberiand, John CPT MIL USA <
; Carlile, Monica L.
SFC USA JFHQ-NCR/MDW SJA (b) (6)
>; Hemphill,
Maria R LTC MIL USA MEDCOM BAMC (b) (6)

Subject:

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

Classification; UNCLASSIFIED
Caveats: NONE
SirThank you for the update. We plan on starting at 0900 on Satiirday 9 April for the interview. If you could please forward the address.
I would appreciate it.
v/r.
Micliiiel Sweda. Ph D.. ABPP (Forensic)
Board-Certified Forensic Psychologist
Chief. Forensic Psychology Service
Director. Forensic Psychology Fellow ship Walter Reed Anny Medical Center
(b) (6)

"The United Slates Ihemselves are essentially tiie greatest poem.
Past and present and future are not dsjoincd bul joined."

FOR OFFICIAL USE ONLY

02891720

From:
Sent:
To:
Cc:

Subject:

FOROFFICIALUSEONLY

Fein, Ashden CRT USA JFHQ NCR/MOW SJA
Monday,March 21,2011 8:23 AM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC;
coombs@armycourtmartia1defense com; Morrow 111, JoDean, CPT USA JFHQ NCR/MDW
Haberiand, John CPT MIL USA;
SJA: Matthew kemkes; (b) (6)
Cariile,MonicaLSFC USA JFHQNCR/MDW SJA; Hemphill,MariaRLTC MIL USA
MEOCOM BAMC; (b) (6)
RE: RCM 706Additiond Charges (USvPFCBM) (UNCLASSIFIED)

Dr. Sweda,

Thank you.

29223

I w i l l forward the address later in the week,

y/r

CPT Fein

Ashden Fein
CPT, JA

Unclassified EmailRCM 706 0145

FOROFFICIALUSEONLY

02892107

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

Fein,Ashden CPTUSA JFHQNCR/MOW SJA
Tuesday,March 22, 2011 12:36 PM
Malone, RickyDCOL MIL USA MEOCOM WRAMC
RE: Quantico Back up (UNCLASSIFIED)

Importance:

High

29224

Sin,
The Marine Corps i s requesting the assistance of additional behavioral health assets t o
augment the brig. I am not sure whether LTC Russell or the female psychologists w i l l f u l f i l l
the b i l l for this request. Oo you have an estimate of when the psychologist w i l l be on-board
ready to go, and i f so how frequently w i l l she be able t o go t o the Brig?
Thank you.
v/r
CPT Fein

Ashden Fein
CPT, JA
Original Message
From: Malone, Ricky OCOLMIL USAMEDCOMWRAMC Imailto(b) (6)
)
Sent: Tuesday, MarchlS, 2011 3:26PM
To:Fein, Ashden CPT USA JFHONCR/MOWSJA^ Morrow I I I , JoOean,CPT USA JFHONCR/MOW SJA
Subject: t^uanticoBackup (UNCLASSIFIEO)
Classification:
Caveats: NONE

UNCLASSIFIEO

I wanted to make you aware that LTC Robert Russell w i l l be covering the brig whenever I am on
leave or TOY, i n case you need t o have him cleared t o see PFC Manning. He has a TS, but
therapy i s completely unclassified anyway (at least u n t i l after his t r i a l ) . I t w i l l probably
be a couple of weeks before he i s credentialed t o see patients out there.
Also, I am trying t o make arrangements to have a psychologist see him regularly for
psychotherapy, I ' l l send along her particulars when she's on board.
Regards,
RickMalone, MO, MPH
COL, MC, SFS
Phone(b) (6)
Director, Center for Forensic Behavioral Sciences Forensic Psychiatry Consultant t o the Army
Surgeon General USAAMA Aeromedical Psychiatry Consultant
(b)
(6)

Classification:

UNCLASSIFIEO

o^^,^^^^^^Em^^,RCM 706 0^^6

FOROFFICIALUSEONLY

02892107

FOR OFFICIAL USE ONLY

29225

Caveats: NONE

2

Unclassi?ed_EmaiI_RCM_7D6_D146 FOR OFFICIAL USE ONLY

02221773

From:
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY

29226

Mdone, Ricky D COL MIL USA MEDCOM WRAMC
Wednesday, March 23, 2011 3 :35 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA RE: Quantico Back-up (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
No. this is something different. LTC Russell and the psychologist are part of my treatment plan. Still not sure abouttiiepsychologist
so I'm looking at somebody else as well, I'll go ahead and send LTC Russell's info since he will be covering I April.

FOR OFFICIAL USE ONLY

02892105

FOROFFICIALUSEONLY

From:
SenL
To:
Subject:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Wednesday,March 23, 2011 4:51 PM
Malone, RickyDCOL MIL USA MEOCOM WRAMC
RE: Quanfico Back-up (UNCLASSIFIED)

Thank you s i r .

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY

29227

02221769

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY
Mdone, RickyDCOLMIL USAMEDCOMWRAMC
>
Thursday,March24,20112:45PM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA RE: Quanfico Back up(UNCLASSlFIED)

(b) (6)

Classification; UNCLASSIFIED
CaveatsNONE
The psycliologist is Dr Jennifer SchraderYeaw(b) (6)

Unclassified Email RCM 706 0149

bom llJan72inBouma,LA.

FOROFFICIALUSEONLY

29228

02892103

From:
SenL
To:
Subject:

FOROFFICIALUSEONLY

29229

Fein, Ashden CRT USA JFHQ NCR/MDW SJA
Thursday,March 24,2011 3:04 PM
Malone,RickyDCOL MIL USA MEDCOM WRAMC
RE; Quanfico Back up (UNCLASSIFIED)

Sir, Thanks. Just as a fact finding inquiry, i f PFC BM was moved to another f a c i l i t y , not
within easy driving r^ange, would his providers change or would you and the others travel to
v i s i t with him (assuming ^ was not an issue). What is the normal SOP f o r mental healthcare?
v/r

CPT Fein

Ashden Fein
CPT, JA

Unclassified Email RCM 706 0150

FOROFFICIALUSEONLY

02221766

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY

29230

Malone,RickyDCOL MIL USAMEDCOMWRAMC
>
Thursday,March24, 20113:08 PM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA RE: Quanfico Back up(UNCLASSlFIED)

aassification; UNCLASSIFIEO
CaveatsNONE
Normal SOP is to transfer carc 10 the ncvvfacility.can include providci-to-provider contact to assure continuity. Given recent
devclopiiicntslwas considering making sticharecommendation but thougiit that might be out of mylane.
V/R
RM

Unclassified EmailRCM 706 0151

FOROFFICIALUSEONLY

02221763

From.
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY

29231

WRAMC

(b) (6)

(b) (6)
Friday, March 25, 2011 l l :45 AM
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA
RE: Quantico Back-up (UNCLASSIFIED)

Just to clarify', even though that is the nonnal procedure, ofcourse we would try to maintain some continuity, depending upon the ease
of trav el and how often he needs to be seen from a clinical standpoint The needed frequency of visits is abeady decreasing from a
climcal standpoim. bui 1 am still seeing him w eekly at this Ume only because of his custodial status and where he is confined.
Depending upon the availability ofresourceswhere hc is transferred, il might be necessary for us to do so anyyvay.
V/R.
Rick Malone. MD. MPH
COL. MC SFS
(b) (6)

Forensic Psy cliialry Consultant to the Army Surgeon General
USAAMA Aeromedical Psychiatry Consultant
(b) (6)

Wj

FOR OFFICIAL USE ONLY

02892100

FOROFFICIALUSEONLY

From:
SenL
To:
Subject:

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Monday,March 28,2011 9:39 PM
Malone,RickyDCOL MIL USA MEDCOM WRAMC
RE: Quanfico Back up (UNCLASSIFIEO)

Thank you s i r .

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY

29232

02221754

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY
Malone,RickyDCOL MIL USAMEDCOMWRAMC
>
Monday,March 28, 2011 10:01 PM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
OutofOffice:QuanticoBackup(UNCLASSIEIED)

(b) (6)

Iwill be on leave until Moday,April 4th. Ifyou need assistance, please contact our adidnistrative assistant at

(b) (6)

Unclassified Email RCM 706 0154

FOROFFICIALUSEONLY

29233

02202161

From:
Sent:
To:

Cc:

FOR OFFICIAL USE ONLY

29234

Haberiand, John CPT MIL USA (b) (6)
il>
Wednesday, March 30, 2011 10:02 AM
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
(b) (6)
>; Benesh, SamanthaM MAJ MIL USA MEDCOM
MAMC (b) (6)
; Hemphill, Maria R LTC MIL USA MEDCOM
BAMC (b) (6)
>
Carlile, Monica L. SFC USA JFHQ-NCR/MDW SJA Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>;
Morrow 111, JoDean, CPT USA JFHQ-NCR/MDW SJA
; coorabs@annycourtraartiddefense.com; Matthew
kemkes (b) (6)
;
(b) (6)
; Hdl Cassius Mr FMMC (FTMYER)
Davis, Patsy A Ms CIV USA INSCOM
(b) (6)
Lease, John V. CIV JFHQ-NCR/MDW PMO
(b) (6)
>; Joyner, Chad SSG MIL USA
(b) (6)
; Williaras, Bruce A ISG MIL USA
(b) (6)

Subject:

R.C.M. 706 interview of PFC M (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO
ALCON:

The R.CM. 706 inquiry is scheduled to begin at 0900 at the 3"^"^ floor conference room on the Metro Park Facility.
The address is the facility is:
6359 Walker Lane
Alexandria, Virginia 22310
There is a parking structure located behind the building. I recommend entering through the side door of the facility (closest to
the parking garage). A security guard will meet you at the side door ofthe facility to let you in and direct you to the elevators to
take you to the third floor. A member of the prosecution team will also be there to coordinate any last minute issues. The guard
will be at the side door of the facility between 0830 and 0900.
Once you arrive on the third floor, there are signs directing you to the se4curity station where you will receive your temporary
badges and then they will escort you into the conference room where the board will be conducted. I have provided your social
security numbers to the security manager at the facility and she has verified your clearances so there will not be any slowdown
in entering the conference room.
If anyone has any questions or concerns please let me know and we can address them.
Very Respectfully,
CPTJohn Haberiand
Military Oistrict of Washington Legal Spokesman
(b) (6)

Classification: UNCLASSIFIED
Caveats: FOUO

FOR OFFICIAL USE ONLY

02221752

From:
Sent:
To:

Cc:

FOROFFICIALUSEONLY

Sweda, MichadGDrCIVUSAMEDCOMWRAMC
>
Wednesday,March 30, 201112 39 PM
Haberland, John CPT MIL USA Benesh, SamanthaM
MAJ MIL USA MEDCOMMAMC>;HemphilL Maria
RLTC MIL USAMEDCOM BAMC (b) (6)
l>
Carlile, MonicaLSFC USAJFHQNCR/MDW SJA
(b) (6)
>; Fein, Ashden CPT USAJFHQNCR/MDW
(b)
(6)
SJA
Monow III, JoDean, CPT USA JFHQ
NCR/MDW SJAl>;
coorabs@arraycourtmartialdefenseconi; Matthewkemkes
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)

Subject:

29235

Hall Cassius Mr FMMC (FTMYER)
; Davis, PatsyAMs CIV USA INSCOM
Lease, JohnVCIV JFHQ-NCR/MDW PMO
il>,Joynei,ChadSSGMILUSA
; Williaras, BmceAISG MIL USA

R E R C M 706intet^^iewofPFCM(UNCLASSIFlED)

Classification; UNCLASSIFIED
CavcalsFOUO
Sir:
Just confirming that tills is 10 st^ut 0900 Salurday9Aprif
v/r.
Micliael SwedaPliD ABPP (Forensic)
Board-Certified Forensic Psy chologist
ChieL Forensic Psy chology Serv ice
Director. Forensic Psvchologv Fellowslup WalterReed Army Medicd Center
(b) (6)
(b) (6)

"The United States themselv es are essentially the greatest poem.
Past and present and fulure arc not disjoined bul joined "

Unclassified Email RCM 706 0156

FOROFFICIALUSEONLY

02202146

From:
Sent:
To:

Cc:

FOR OFFICIAL USE ONLY

29236

Haberland, John CPT MIL USA (b) (6)
>
Wednesday, March 30, 2011 12:41 PM
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>; Benesh, Samantiia M MAJ MIL USA
MEDCOM MAMC Hemphill, Maria R LTC MIL
USA MEDCOM BAMC (b) (6)
l>
Cariile. Monica L. SFC USA JFHQ-NCR/MDW SJA
(b) (6)
>; Fdn, Ashden CPT USAJFHQ-NCR/MDW
SJA >; Monow III, JoDean, CPT USA JFHQ(b)
(6)
NCR/MDW SJA
>;
coombs@armycourtmartialdefense.com; Matthew kemkes
(b) (6)
(b) (6)
(b) (6)
(b) (6)
(b) (6)

Subject:

Hall Cassius Mr FMMC (FTMYER)
; Davis, Patsy A Ms CIV USA fNSCOM
Lease, John V. CIV JFHQ-NCR/MDW PMO
>, Joyner, Chad SSG MIL USA
Williams, Bruce A ISG MIL USA

RE RCM 706 interview of PFC M (UNCLASSIFIED)

ClassificationUNCLASSIFIED
CaveatsFOUO
ALCON:

lapologi:^e for my omission earlier. The R.C.M.706 board is scheduled to take place on Saturday,9Apri1 2011 at 0900.
Very Respectfully,
CPTJohn Haberland
Military District of Washington Legal Spokesman
(b) (6)

FOR OFFICIAL USE ONLY

02907156

FOROFFICIALUSEONLY

From:
Sent:
To:

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Thursday.March 31,2011 3:33 PM
Malone,RickyDCOL MIL USAMEDCOM WRAMC

Subject:

Clearances

29237

Sir,

I assume because you sent me LTC Russell and Or. Yeaw^s SSN, that you recommend they both
have TS/SCI with read ons? Please verify so we can act. Thank you.

v/r
CPTFein

Ashden Fein
CPT, JA

UnclassifiedEmailRCM 706 0158

FOROFFICIALUSEONLY

02221751
p
Sent:
To:
Subject:

FOR OFFICIAL USE ONLY
Mdone, Ricky D COL MIL USA MEDCOM WRAMC
(b) (6)
>
Friday, April 1,2011 9:26 A M
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
RE: Clearances

29238

>

No. they just need access to see Manning as a patient. Dr Russell as my back-up when I'm out and Dr. Yeaw forp^chotlierapy,
doesntrequireaccess to classified infonnation
V/R.
Rick Malone. MD. MPH
COL. MC. SFS
Phone(b) (6)
Forensic Psycliialiy Consultant to ilic Army Sui^con General
USAAMA Aeromedical Psychiatry Coiisullanl

(b) (6)

FOR OFFICIAL USE ONLY

02907160

FOROFFICIALUSEONLY

From:
Sent:
To:
Subject:

Thank you

Fein, Ashden CPT USA JFHQ NCR/MDWSJA
Friday,Apri1 01,201111:10 AM
'(b) (6)
Re: Clearances

sir.

Ashden F e i n
CPT, JA

FOR OFFICIAL USE ONLY

29239

02231273

From:
Sent:
To:
Cc:
Subject:
Signed 8 y :

FOROFFICIALUSEONLY

29240

Rains, L a r r y E M r C I V USA OCS G-2 (b) (6)
Safurday,Apri1 02, 2011 10:26 AM
Hemphill,MariaRLTC MIL USA MEDCOM BAMC; (b) (6)
Fein,Ashden C P T U S A J F H Q N C R / M D W SJA; Cariile, MonicaL. SFC USAJFHQ
NCR/MDWSJA
(U) SSBI Complete

(b) (6)

C l a s s i f i c a t i o n : UNCLASSIFIEO//FOR OFFICIALUSE ONLY
Maria,
Your SSBI was f a v o r a b l y a d j u d i c a t e d (no l o n g e r an I n t e r i m S C I ) . Your n e x t
PR i s due f i v e y e a r s f r o m y o u r c l o s e d i n v e s t i g a t i o n d a t e (2011 03 2 3 ) .
E x c e r p t f r o m JPAS:
HEMPHILL, MARLARAE
PSI A d j u d i c a t i o n o f SSBIOPM, O p e n e d 2 0 1 1 0 1 2 8 , C l o s e d 2 0 1 1 0 3 2 3 ,
d e t e r m i n e d E l i g i b i l i t y o f SCI
0 C I 0 6 / 4 o n 2011 03 31 ArmyCCF.

Best r e g a r d s ,
Larry
L a r r y Rains
S e c u r i t y Manager/SSR
HOOA, OOCS, G 2
1000 Army Pentagon
Washington O C 2 0 3 1 0 1 0 0 0

(b)
(6)

C l a s s i f i c a t i o n : UNCLASSIFIEO//FOR OFFICIALUSE ONLY

Unclassified Email RCM 706 0161

FOROFFICIALUSEONLY

02891942

From:
SenL
To:

FOROFFICIALUSEONLY

29241

Subject:

Fein, Ashden CPT USA JFHQNCR/MDWSJA
Friday, April 08, 2011 7:08 AM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC: Benesh,SamanthaMMAJ MIL USA
MEOCOM MAMC: Hemphill,MariaRLTC MIL USA MEDCOM BAMC
Haberland,John CPT MIL USA; Cariile,MonicaL. SFC USAJFHQNCF^MOW SJA; Monow
111,JoDean,CPT USA JFHQ-NCR/MDWSJA; (b) (6)
;
Matthew kemkes: (b) (6)
; Hall
Cassius Mr FMMC (FTMYER)
RE:RCM 706inteiviewofPFCM(UNCLASSIF1EO)

Importance:

High

Cc:

Or. Sweda,

Good morning. In light of the looming Furlough, could you please let me know whether the
Board w i l l s t i l l be available tomorrow to conduct i t s interview? We are currently verifying
with the support staff involved with movement, security, and f a c i l i t i e s , to ensure there are
no shutdowns planned.
Also, SFC Monica Carlile w i l l be at the Metro Park f a c i l i t y to greet the
to the conference room. I f you have any issues tomorrow, please call my
(b) (6)
^Iso note that you w i l l not be able to bring cell phones into
so please have my number available hard-copy. Cell phones may be stored
security check point.

Board and escort you
blackberry at(b) (6)
the conference room^
outside of the

After your confirmation back to me about tomorrow, I plan on sending a final confirmation to
you no later than 1500 today.
Thank you.
v/r
CPT Fein

Ashden Fein
CPT, JA

Unclassified Email RCM 706 0162

FOROFFICIALUSEONLY

02221748

From:
Sent:
To:

Cc:

FOR OFFICIAL USE ONLY

29242

Hemphill, Maria R LTC MIL USA MEDCOM BAMC (b) (6)
>
Friday, April 8, 2011 1 13 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>,
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
(b) (6)
Benesh, Samantha M MAJ MIL USA
MEDCOM MAMC (b) (6)
Haberiand, John CPT MIL USA (b) (6)
l>; Cariile, Monica L.
SFC USA JFHQ-NCR/MDW SJA (b) (6)
>; Monow
til, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)
; coombs@armycourtmartialdefense.com;
Matthew kemkes (b) (6)
Hall Cassius Mr FMMC (FTMYER)
(b) (6)

Subject:

RE R.C M 706 interview of PFC M (UNCLASSIFIED)

CPTFein
Iplan to be there. DrSweda and MAJ Benesh are ataconference today butlwiti let them know about your message and ask them to
reply
LTC Hemphill

FOR OFFICIAL USE ONLY

02221743

From:
Sent:
To:
Cc:

Subject:
Signed By:

Classification:
Caveats: FOUO

FOROFFICIALUSEONLY

29243

Benesh,SamanthaMMAJ MIL USA MEOCOM MAMC (b) (6)
Friday, April 08, 2011 2;11PM
Hemphill,MarlaRLTC MIL USA MEDCOM BAMC; Fein,Ashden CPTUSAJFHQ
NCR/MDW SJA; Sweda,MichadGOtCIVUSA MEOCOM WF^MC
Haberiand,John CPTMIL USA: Carlile,MonicaL. SFC USAJFHQNCR/MDW SJA; Monow
111, JoDean, CPT USA JFHQ-NCR/MDW SJA; coombs@armycourtmartia1defense.com;
Matthewkemkes:(b) (6)
Hall
Cassius Mr FMMC (FTMYER)
R E : R C M 706infetviewofPFCM(UNCLASS1FIED)
BENESHSAMANTHAMAR1E 1272647034

UNCLASSIFIEO

CPT Fein,
Per guidance ft^om our Oepartment Chief, COL Ounivin, we are good t o go for
the intet^view tomorrow regardless of whethet^ a furlough i s i n effect. Or.
Sweda and I w i l l be there promptly at 0900, unless we receive other guidance
from you this afternoon by 1600. Neither Or. Sweda nor I w i l l have access
to our email accounts after 1600. I f you need t o reach us for any reason,
please feel free t o contact me at my c e l l phone number below.

v/r,
Samantha M. Benesh
MAJ, MS, USA
Forensic Psychology Fellow
Walter Reed Army Medical Center
(b) (6)
(b) (6)

Unclassified Email RCM 706 0164

FOROFFICIALUSEONLY

02891923

From:
SenL
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29244

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Friday,April08, 2011 2:59 PM
Benesh,SamanthaMMAJ MIL USA MEDCOM MAMC; Hemphill,MariaRLTC MIL USA
MEOCOM BAMC; Sweda,MichadGDrCIVUSAMEDCOMWRAMC
Haberiand,John CPT MIL USA; Cariile,MonicaLSFC USAJFHQNCR/MDW SJA; Monow
111,JoDean,CPT USA JFHQ-NCF^MDWSJA:coombs@annycourtmartialdefensecom;
Matthew kemkes: (b) (6)
Hall
CassiusMr FMMC (FTMYER)
RE:RCM 706interviewofPFCM(UNCLASS1F1EO)

Board Members,
We at^e s t i l l on for tomot^t^ow, despite the furlough. The building w i l l be
open and SFC Carlile w i l l meet you at the front doot^ at 0900. Thank you.
v/r
CPTFein

Ashden Fein
CPT, JA

UnclassifiedEmail RCM 706 0165

FOROFFICIALUSEONLY

02221738

From:
SenL
To:
Subject:
Signed By:

FOROFFICIALUSEONLY

Benesh,SamanthaMMAJ MIL USA MEOCOM MAMC (b) (6)
Friday.April 08, 2011 3:49 RM
Fein,/^hden CRT USA JFHQ NCR/MOW SJA
R E ; R C M 706interviewofPFCM(UNCLASS1F1EO)
BENESHSAMANTHAMAR1E 1272647034

Classification: UNCLASSIFIEO
Caveats: FOUO
Roger.
Thanks for the coordination.

UnclassifiedEmailRCM 706 0166

FOROFFICIALUSEONLY

29245

02884583

FOROFFICIALUSEONLY

29246

From:
SenL
To:
Cc:

(b) (6)
(b) (6)

Subject:

coombs@armycourtmartia1defense.com; Mon^ow 111, JoDean, CPT USA JFHQ NCR/MOW
SJA: Matthew kemkes; (b) (6)
USvPFC BMUpdafe

Importance:

High

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Friday,Apri115, 2011 7:59 AM

Or. Sweda,
Good morning. The purpose of this update i s determine whether the 706 board
w i l l be able to meet i t s suspense with completing the report by tomorrow (16
April 2011). I f not, please send an extension request with a j u s t i f i c a t i o n .

Also, is there any more testing or interviews that you need the Government
to organize for the board?
Thank you.
v/r
CPT Fein
Ashden Fein
CPT, JA

Unclassified Email RCM 706 0167

FOROFFICIALUSEONLY

02221737

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY
Benesh, SamanthaMMAJMIL USAMEDCOMMAMC
Friday,April 15,2011 7:59 A M
Fein, Ashden CPTUSAJFHQNCR/MDW SJA OufofOffiee: U S v P F C BMUpdafe

29247

l>

Iwillbeoutoftiieofficefrom 12-14 April 2011. Iwiti not have access to this email account duringthistimeperiod. Ifyou require
immediate assistance please contact Michael Sweda, Director.WRAMC Forensic Psychology Fellowship Program(b) (6)
v/r MAJ Samantha Benesh

Unclassified Email RCM 706 0168

FOROFFICIALUSEONLY

02221735

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29248

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Friday, April 15, 2011 9:07 AM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
l>
(b) (6)
; Benesh, Samantiia M MAJ MIL USA MEDCOM MAMC
(b) (6)
; coombs@armycourtraartialdefense.com; Morrow III,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
,
(b)
(6)
Matthew kemkes <
>; Bouchard, Paul CPTUSCENTCOM
>;
USF-1 USCENTCOM-TDS/FICI-JA-TBO (b) (6)
Haberiand, John CPT MIL USA (b) (6)
>
RE: US v. PFC BM-Update (UNCLASSIFIED)

Classification: UNCLASSIFIED
CaveatsNONE
Sin
Ijust spoke withall members oftiie 706 Board. Weanticipate completing thereportthis evening, perhaps late, but this evening
v/r.
Michael Sweda. PIiD.ABPP (Forensic)
Board-Certified Forensic Psy chologist
Chief Forensic Psy chology Serv ice
Director. Forensic Psvchologv Fellowship Walter Reed AmivMedical Center
(b) (6)
(b) (6)

"The United Stales Ihemselves are essentially the greatest poem.
P^isl and present and future are not disjoined but joined."

FOR OFFICIAL USE ONLY

02884576

FOROFFICIALUSEONLY

29249

From:
SenL
To:
Cc:

(b) (6)
(b) (6)

Subject:

'coombs@armycourtmartiaklefense.com'; Morrow 111, JoDean, CPT USA JFHQ-NCR/MOW
SJA: Matthewkemkes: Bouchard,Paul CPT USCENTCOM USFIUSCENTCOMTDS/FICI
JA-TBO:'(b) (6)
'
R e U S v P F C BMUpdafe (UNCLASSIFIED)

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Friday, April 15, 20119:21 AM

Sir,

Thank you. I t is not our intent to rush or move the board to be inaccurate^ howevet^ i f t h e
suspense can be met then i t should. I f you can not finish by tomorrow, please send an email
request and we w i l l forward to the convening authority.
Ashden Fein
CPT, JA

Unclassified Email RCM 706 0170

FOROFFICIALUSEONLY

02221732

FOROFFICIALUSEONLY

29250

Sweda,MichadGDrCIVUSAMEDCOMWRAMC
>
Sent:
Friday,April 15,2011 9:42 AM
To:
Fein, Ashden CPTUSAJFHQNCR/MDW SJA >
Benesh, SamanthaMMAJ MIL USA MEDCOMM/^C
Cc:
raarl (b) (6)
(b)
(6)
<
>;coombs@armycourtmartialdefense com; Morrow IB,
JoDean, CPTUSAJFHQNCR/MDW SJA (b) (6)
>;
>; Bouchard, Paul CPTUSCENTCOM
Matthew kemkes USFlUSCENTCOMTDS/FICIJATBO;
Haberland, John CPT MIL USA (b) (6)
>
Subject:
RE: USvPFC BMUpdate(UNCLASSlFIED)
From:

ClassificationUNCLASSIFIED
CaveatsNONE
Sir:
Weare ruslied One ofthe board members was out tliree daystliis week. One board memberwill perhaps have just enoughtimeto
reviewthe longreport10 meet Ihe suspense tod^iy Ifadditioiialtimeispossiblelwoddrespeclfullyreqtiestanadditioii^tivveek The
board li^is limited availability to meet togetlier due to leave and conflicting schedules. 98^^oftiie longreportlias been finali:^d. but
we shottid Iiave, idedly . moretimeto meet and discuss the 6.1II report.
Ivvitisendafonndrequestforaone-vveek extension, butwiticoidnue pressing forward in case this is not approved.
v/r.
Micliael Sweda. Ph D . ABPP (Forensic)
Board-Certified Forensic Psy chologist
ChieL Forensic Psy chology Serv ice
Director.ForensicPsycliologyFellowship Walter Reed Armv Medical Center
(b) (6)

"The United Stateslhcmselves are essentially the greatest poem.
Past and present and future are not disioined but joined."

^^^^^^,^Em^^,RCM7^o^7^

FOROFFICIALUSEONLY

02221728

From:
Sent:
To:
Cc:

Subject:
Attach:

FOROFFICIALUSEONLY

29251

Sweda, MichadGDrCIVUSAMEDCOMWRAMC
(b) (6)

Friday,Aprti 15,2011 9 59 AM
Fein, Ashden CPT USA JFHQ NCR/MDW SJA >
(b) (6)
; Benesh, SamanthaMMAJ MIL USA MEDCOMMAMC
coombs@armycourtmartialdefense cora; Morrow BL
JoDean, CPTUSAJFHQNCR/MDW SJA (b) (6)
Matthew kemkes (b) (6)
>; Bouchard, Paul CPTUSCENTCOM
USFlUSCENTCOMTDS/FIClJATBOHaberland,John CPTMIL USA (b) (6)
>
REUSyPFCBMUpdate(UNCLASSlFlED)
Manning extension request 22 April pdf

Classification; UNCLASSIFIED
CaveatsNONE
ALCON:
Ple^ise see extensionrequest(att^iched).
v/r.
Micliael Sweda. PhD.ABPP (Forensic)
Board-Certified Forensic Psy chologist
ChieL Forensic Psy chology Serv ice
Director. Forensic Psv chologv Fellow sliip Walter Reed Army f v ^ i c d Center
(b) (6)

"The United States Ihemselves are essentially the greatest poem.
Past and present and future arc not disjoined but joined "

Unclassified Email RCM 706 0172

FOROFFICIALUSEONLY

02884578

From:
Sent:
To:
Cc:

Subject:
Attachments:
Or.

FOROFFICIALUSEONLY

29252

Fein, Ashden CRT USA JFHQ NCR/MDW SJA
Friday, April 15, 2011 5:30 RM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
(b) (6)
; Benesh,SamanthaMMAJ MIL USA MEOCOM MAMC;
coombs@armycourtmartia1defense.com; Morrow 111, JoDean, CPT USA JFHQ NCR/MDW
SJA: Matthewkemkes; Bouchard,Pad CPT USCENTCOM USFIUSCENTCOMTDS/FICIJATBO; Habertand,John CPT MIL USA
RE: USvPFC BMUpdafe (UNCLASSIFIED)
I1-Apr-16-SPCMCA RCM 706 Extension Approval (ManningB).pdf

Sweda,

Attached is the SPCMCA's approval of your request,
v/r
CPT Fein

Ashden Fein
CPT, JA

Unclassified Email RCM 706 0173

FOROFFICIALUSEONLY

02221727

From:
Sent:
To:
Subject:

FOROFFICIALUSEONLY
Sweda,MichadGDrCIVUSAMEDCOMWRAMC
L>
Friday,April 15,20115:31PM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
OufofOffice: USvPFC BMUpdate(UNCLASSIEIED)

29253

(b) (6)

>

Iain scheduled to be out oftiieoffice18tiuough 19 Apriflmay be reached for urgent or other matiers via ceti phone (b) (6)
Or, contactmy Deputy ChiefDrPaul Montalbano at (b) (6)

(b)
(6)

Unclassified Email RCM 706 0174

FOROFFICIALUSEONLY

-

02221726

FOR OFFICIAL USE ONLY

p^^^,

Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
Friday, April 15, 2011 5:31 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Out of Office: US v. PFC BM-Update (UNCLASSIFIED)

Sent:
To:
Subject:

29254

>

I will be out oftiieoffice from 16-20 April 2011. I will not liave access to this email account during this time period. Ifyou requue
immediate assistance please (b) (6)
v/r MAJ Samantha Benesh

Un.assi«.d_Emai,_RCM.706.0,75

,.

..

..

FOR OFFICIAL USE ONLY

02221723

From:
Sent:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY

29255

Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Saturday, April 16, 2011 8:30 /IM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
>
(b) (6)
Benesh, Samantha M MAJ MIL USA MEDCOM MAMC
(b) (6)
>; coombs@armycourtmartialdefense.cora; Morrow IB,
JoDean, CPT USA JFHQ-NCR/MDW SJA (b) (6)
>;
Matthew kemkes (b) (6)
Bouchard, Paul CPT USCENTCOM
USF-I USCENTCOM-TDS/FICI-JA-TBO (b) (6)
;
(b)
(6)
Haberland, John CPT MIL USA
>
RE: US v. PFC BM-Update (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
Sir:
nmnk you veiy mtKh. This vvill pennit adequate time for full discussion.
Micliael Sweda

FOR OFFICIAL USE ONLY

02907517

FOROFFICIALUSEONLY

29256

Fein,Ashden CPT USAJFHQNCF^MDW SJA
Tuesday,Apri1 19, 2011 5:03 PM

From:
Sent:
To:
Subject:

(b) (6)

Importance:

High

ChafTonight

Sir
I f you are available to chat, please call me at (b) (6)
to chat tonight, i f possible. Thank you. v/r CPT Fein

Ashden Fein
CPT, JA

Unclassified Email RCM 706 0177

FOROFFICIALUSEONLY

. We need

02221722

FOROFFICIAL USE ONLY
Malone, Ricky D COL MIL USA MEDCOM WRAMC
>
Tuesday, April 19, 201 1 5:05 PM
Fdn, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (b) (6)
(6)
Re: Chat Tonight

29257

(b) (6)

Sent:
To:
Subject:

1 can call now, I'm on the train if tkit's OK.
Rick Malone. MD. MPH
COL. MC. SFS
(b) (6)
Forensic Psychiatry Consuluuit to the Amiy Surgeon General
USAAMA Aeromedical Psy chiatry Coiisullanl
(b) (6)

FOR OFFICIAL USE ONLY

>

02907516

FOROFFICIAL USE ONLY

From:
Sent:
To:
Subject:

Please call sir.

Fein, /Ashden CPT USA JFHQ-NCR/MOW SJA
Tuesday, April 19, 2011 5:06 PM
Malone, Ricky 0 COL MIL USA MEDCOM WRAMC
RE: Chat Tonight

Thanks. 202450 8230

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY

29258

02221721

From:
Sent:
To:
Cc:

Subject:

FOROFFICIALUSEONLY

29259

Sweda, MichadGDrCIVUSAMEDCOMWRAMC
>
Friday,April 22, 2011 9:39 AM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
>
MorrowIILJoDean, CPTUSAJFHQNCR/MDW SJA
(b) (6)
>; Carlile, Monica SFC MIL USA OTJAG
RE: Enci^ptedEraati (UNCLASSIFIED)

Classification; UNCLASSIFIED
CaveatsNONE
Oursysiemdoesiiotpenidsciiditigeiiciypiedeiiiatistonorthcotii.ini1.CoddItiyaus.anny.idlacco^^^

Unclassified Email RCM 706 0180

FOROFFICIALUSEONLY

02902741

From:
Sent:
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29260

Fein, Ashden CPT USA JFHQ NCR/MOW SJA
Friday,April 22, 2011 9:41 AM
Sweda,MichaelGDrCIVUSAMEDCOMWRAMC
Monow 111,JoDean,CPT USAJFHQNCR/MDW SJA; Carlile, Monica SFC MIL USA
OTJAG
RE: Encrypted Email (UNCLASSIFIEO)

Sir,

Please send to (b) (6)
w i l l see i f that works, encrypted.

and we

I f not, then we can run and pickup a hard copy of the documentation,
v/r
CPTFein

Ashden Fein
CPT, JA

Unclassified EmailRCM 706 0181

FOROFFICIALUSEONLY

02221719

From:
Sent:
To:

Subject:

FOROFFICIALUSEONLY

29261

Sweda, MichadGDrCIVUSAMEDCOMWRAMC
(b) (6)

Friday,April 22, 2011 9:49 AM
Fein,Ashden CPTUSATFHQNCR/MDW SJA Morrow 11l,JoDean, CPT USA JFHQNCR/MDW SJA
(b) (6)
il>
RE Eiicrypfed Eraail (UNCLASSIFIED)

;

Classification: UNCLASSIFIED
CaveatsNONE
Sirs;
Tliis(us.amiy.mil) also won't vvori^. We are stillfinali,^iiigthereportsbutwiti liave by COB lod^iy. You can sendsomeone over, orl
could deliver to Ihe Pentagon Icnjoy getting out ofthe office vvlicnican and it is on the way home.
One ofourboad members is in Te.^s Ijust spoke to her and we anticip^itefinali^ition of lliereportby approximately Noon local
time
Once again,tiiankyouforyourcontinued patience.
Michael Sweda

^^^a^^^^adEm^^,RCM 706 0^6^

FOROFFICIALUSEONLY

02902749

From:
SenL
To:
SubjecL

FOROFFICIALUSEONLY

29262

Fein, Ashden CPT USA JFHQ NCR/MDWSJA
Friday,Apri122, 2011 9:50 AM
Sweda,MichadGOrCIVUSA MEOCOM WF^MC: Morrow 111,JoDean,CPTUSAJFHQ
NCR/MDWSJA
RE: Encrypted Email (UNCLASSIFIED)

Sir,

We can either pick i t up or you can come on over. Whatever is the easiest
for you. We actually work at Ft McNair at the Waterfront near nationals
stadium. Unlimited parking and near the metro.
Please let us know what you prefer. Thanks.
y/r

CPT Fein

Ashden Fein
CPT, JA

Unclassified Email RCM 706 0183

FOROFFICIALUSEONLY

02221716

From:
Sent:
To:

Subject:

FOR OFFICIAL USE ONLY
Sweda, Michael G Dr CIV USA MEDCOM WRAMC
>
Friday, April 22, 2011 9:52 A M
Fein, Ashden CPT USA JFHQ-NCR/MDW SJA (b) (6)
Morrow 111, JoDean, CPT USA JFHQ-NCR/MDW SJA
(b) (6)
>
RE: Encrypted Email (UNCLASSIFIED)

29263

(b) (6)

>;

Classification: UNCLASSIFIED
Cav eats: NONE
CPTFein:
Ev en better at Fl. McNair I w ould be by aboul 1600. perliaps just a bit eariier if llial is OK. Just tell me your olfice location
Micliael Sweda

FOR OFFICIAL USE ONLY

02902744

FOR OFFICIAL USE ONLY

From:
SenL
To:

Fein, Ashden CRT USA JFHQ NCR/MOW SJA
Friday, Apri122, 2011 9:55 AM
Sweda,MichadGDrCIVUSAMEDCOMWRAMC:
NCR/MDW SJA

Subject:

RE: Encrypted Email (UNCLASSIFIED)

29264

Monow 111,JoDean,CPTUSAJFHQ-

Sir,

We are in building 32. When you drive in the main gate off 4th street, our
building is directly to the right of the gate. In fact, when you drive down
4th street our office and building is directly in front of you. When you
enter the building (OSJA and PAO) go through the double doors on the f i r s t
floor and turn left. We are at the end of the hall. You cannot miss usI
Thank you.
v/t^

CPTFein

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY

02221713

FOR OFFICIAL USE ONLY

From:
Sent:
To:
Subject:

Sweda,MichadGDrCIVUSAMEDCOMWRAMC
>
Friday,April 22, 20119:56 AM
Fein, Ashden CPTUSAJFHQNCR/MDW SJA (b) (6)
RE: Encrypted Eraail (UNCLASSIFIED)

(b) (6)

Classification: UNCLASSIFIED
Caveats; NONE
Sec vou around 1600.

FOR OFFICIAL USE ONLY
;
29265

>

02910833

From:
SenL
To:
Cc:

FOROFFICIALUSEONLY

29266

Fein,/^hden CPT USA JFHQ NCR/MDW SJA
Friday,Apri122, 2011 2:36 RM
(b) (6)

Subject:

coombs@armycourtmartialdefense.com; Morrow til, JoDean, CPT USA JFHQ NCR/MOW
(6)(6)
SJA: Matthewkemkes:(b)(b)
706

Importance:

High

Or. Sweda,

Thank you for the phone call. During the call, you expressed some confusion
on which questions in the convening authority's order that the board needed
to answer. You specifically pointed out that the questions asked did not
identically match the questions listed in RCM 706(c)(2)(A)-(O).
The Government's interpretation of the convening authority's order is that
the board is required to give the ultimate answer to the questions posed, in
7(a)-(k) (including the subparagraphs) to the Government.
Recognizing your concern that the questions are not the exact form of the
questions in the RCM (although they are substantively the same), we
recommend you answer the ultimate questions ordered by the convening
authority. I f you feel that you s t i l l need to answer the ultimate questions
from posed in the RCM, then the government recommends you answer those
questions as well, absent an objection by the defense (who is CCed).
As a reminder- please do not provide the government counsel anymore than the
answers to the ultimate questions.
v/r
CPT Fein
Ashden Fein
CPT, J^

UnclassifiedEmail RCM 706 0187

FOROFFICIALUSEONLY

02916488

From:
SenL
To:
Cc:
Subject:
Attachments:

FOROFFICIALUSEONLY

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Wednesday,Augusf 03, 2011 5:31 RM

(b) (6)
Monow III,JoDean,CRT USAJFHQNCR/MDW
USvPFCBM
Or Grieger Request pdf; CapL MooreEmai1.pdf

SJA

Si^,
I hope a l l is well. Apparently Capt Moore is no longer available to serve as
the defense forensic psychiatrist in our case (see attached emails). Oo you
have any recommendations on another replacement that should be in the local
area and willing to travel to FTLVN periodically that the government may use
to appoint?
Thank you.
y/r

Ashden

UnclassifiedEmail RCM 706 0188

FOROFFICIALUSEONLY

29267

02217099

FOR OFFICIAL USE ONLY

From:
Sent:
To:
Cc:
Subject:

Malone, Ricky 0 COL MIL USA MEDCOM WRAMC (b) (6)
Thursday, August 04, 2011 1:04 PM
Fein, Ashden CPT USA JFHQ-NCR/MOW SJA
Monow 111, JoDean, CPT USA JFHQ-NCR/MDW SJA
RE: US v. PFC BM (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE
I'm checking, I ' l l let you know.

FOR OFFICIAL USE ONLY

29268

I(

b
)
(
6
)

02915057

From:
SenL
To:
Cc:
Subject:

FOROFFICIALUSEONLY

Fein, Ashden CPT USAJFHQNCR/MDW SJA
Thursday, August 04, 2011 1:32 RM
Malone, RickyDCOL MIL USA MEOCOM WRAMC
Monow 111,JoDean,CPTUSAJFHQNCR/MDW SJA
RE: U S v P F C B M (UNCLASSIFIED)

Thank you s i r .

Unclassified Email RCM 706 0190

FOROFFICIALUSEONLY

29269

02217097

FOROFFICIALUSEONLY

From:
SenL
To:
Cc:
SubjecL

29270

Malone, RickyDCOL MIL USA MEDCOM WRAMC (b) (6)
Thursday,August04,2011 2:11 RM
Fein, Ashden CRT USA JFHQ NCR/MOW SJA
Morrow 111,JoDean,CPT USAJFHQ-NCR/MDW SJA;OLModfon;Modfon,OavldL
LCDRNNMC
RE: U S v P F C B M (UNCLASSIFIED)

Classification: UNCLASSIFI20
Caveats: NONF
LCOR Moulton, whom I had originally referred before CAPT Moore became
involved, is s t i l l available. I have cc'd his commercial and Navy emails
above, and he said you may also reach him on his personal cell, (b) (6)
1.

FOR OFFICIAL USE ONLY

02217092

From:
Sent:
To:

Cc:
Subject:
Attach:

FOROFFICIALUSEONLY
Moulton,DavidE LCDR NNMCl>
Thursday. Augusf 4, 2011 2:49 PM
Malone, RickyDCOL MIL USAMEDCOMWRAMC
(b) (6)
>; Fein, Ashden CPTUSAJEHQNCR/MDW
SJAMorrow IILJoDean, CPTUSA JFHQNCR/^B^W SJA
>,D L Moulton (b) (6)
REUSvPFCBM(UNCLASSti^IED)
MoulfonNavyCV.pdf

CPTFein
Iam available and eager to ^issisl MyCVisattaclied.
v/r
LCDRModlon

Unclassified Email RCM 706 0192

FOROFFICIALUSEONLY

29271

02915054

FOROFFICIALUSEONLY

From:
Sent:
To:
Cc:
Subject:

29272

Fein, Ashden CPT USA JFHQ NCR/MDW SJA
Thursday,Augusf 04, 2011 2:55 RM
Malone,RickyDCOL MIL USA MEOCOM WRAMC
Morrow 111,JoDean,CPTUSAJFHQ-NCR/MDW SJA; D.LModfon;Modfon,OavldL
LCDRNNMC
RE: U S v P F C B M (UNCLASSIFIED)

Thank you s i r .

FOR OFFICIAL USE ONLY

02928044

From:
Sent:
To:
Cc:
Subject:

FOR OFFICIAL USE ONLY

29273

Fein, Ashden CRT USA JFHQ NCR/MDW SJA
Monday,Augusf22, 2011 6:25 RM
Malone,RickyDCOL MIL USA MEDCOM WRAMC
R a r r a , J a i r o A W O I USAJFHQNCR/MDW SJA; O v e r g a a r d , A n g d M C P T USAJFHQNCR/MDW SJA
LCDR Moulton

Sit^,

Good evening. Could you please provide us good POC information for LCDR
Moulton and/or his Oefense Travel System (OTS) POC? We are trying to
schedule his travel for our big case and cannot get a hold of him or the POC
he provided. Thank you.
y/r

CPT Fein

Unclassified Email RCM 706 0194

FOR OFFICIAL USE ONLY

02217081

From:
SenL
To:
Cc:
Subject:

FOROFFICIALUSEONLY

29274

Malone,RickyO.[R(b) (6)
j
Monday,Augusf22, 2011 8:07 RM
Fein, Ashden CRT USA JFHQNCR/MDW SJA; Malone, RickyDCOL MIL USA MEOCOM
WRAMC
Parra,JairoAWOI USAJFHQNCR/MDWSJA; OvergaanJ, AngdMCPTUSAJFHQ
NCR/MDWSJA; Williams, ShaunfeyOCIVWRAMC
RE: LCDR Moulton

He doesn't mind i f you use h i s personal c e l l number or email,(b) (6)
(b) (6)
, (b) (6)
As we have not yet made the t r a n s i t i o n t o Bethesda, I am not sure who h i s
OTS POC i s . A f t e r the move i t w i l l be our Admin Asst, Ms. W i l l i a m s , c c ' d
above, phone (b) (6)
. She can a s s i s t you w i t h contacting the r i g h t
person i n the meantime as she w i l l be making contact soon anyway.
Regards,
RickMalone, MO, MPH
COL, MC, SFS
(b) (6)
Director, Center f o r Forensic Behavioral Sciences
Forensic Psychiatry Consultant to the Army Surgeon General
USAAMA Aeromedical Psychiatry Consultant
(b) (6)

UnclassifiedEmail RCM 706 0195

FOROFFICIALUSEONLY

UNITED STATES OF AMERICA
v.

Manning, Bradley E.

PFC, U.S. Army,

HHC, U.S. Army Garrison,
Joint Base Myer-Henderson Hall

Fort Myer, Virginia 22211



Prosecution Response to
Defense Motion to Dismiss
for Lack of Speedy Trial

Enclosure 78 (COL Coffman Emails)

23 October 2012
Email Number DATE TIME
nc|assified_Emai|_COL_Coffma n_0001 2-Aug-10 12:36:00
17-Sep-10 08:09:00
30-Sep-10 21:45:00
Unc|assified_Ema i|_COL_Coffman_0004 1?Oct-10 08:09:41
Unc|assified_Ema il_COL_Coffman_0005 12-Oct-10 11:14:00
nc|assified_Email_C0 L_Coffman_0006 1-Nov-10 18:03:00
Unc|assified_Email_CO L_Coffman_0007 4-Nov-10 08:52:36
Unc|assified_Email_CO L_Coffman_0008 4-Nov-10 13:10:24
4-Nov-10 14:07:37
Unc|assified_Email_CO L_Coffman_0010 4-Nov-10 18:24:00
18-Ja n-11 19:24:10
19-Jan-11 18:15:11
19-Jan-11 18:34: 10
19-Jan-11 20:50:32
nc|assified_Emai|_CO L_Coffma n_0015 3-Feb-11 18:57:00
Unc|assified_Emai|_COL_Coffma n_0016 15-Feb-11 09:52:11
nc|assified__Emai|_CO L_Coffma n_0017 2-Mar-11 17:57:00
nc|assified_Email_CO L_Coffma n_0018 4-Mar-11 16:42:24
nclassified_Emai|_CO L_Coffma n_0019 10-Mar-11 17:37:00
4-Apr-11 11:48:00
nclassified_Email_CO L_Coffma n_0021 15-Apr-11 09:55:00
25-Apr-11 08:56:00
nclassified_Emai|_CO L_Coffma n_0023 25-Apr-11 08:56:00
ncIassified_Emai|_CO L_Coffman_0024 25-Apr-11 16:43:00
nclassified_Emai|_COL_Coffma n_0025 25-Apr-11 20:13:21
nc|assified_Email_CO L_Coffma n_0026 26-Apr-11 21:07:59
Unc|assified_Emai|_CO L_Coffma n_0027 23-May-11 07:54:55
n_0028 24-May-11 16:57:13
Unc|assified_Emai|_CO L_Coffman_0029 24-May-11 20:45:51
27-Jun-11 18:16:00
29-Jun-11 16:56:22
29-Jun-11 20:37:33
Unc|assified_Emai|_CO L_Coffman_0033 25-Jul-11 09:54:00
25-Jul-11 15:31:36
Unc|assified_Emai|_CO L_Coffman_0035 25-Jul-11 17:52:36

29275

nc|assified_EmaiI_CO L_Coffma n_0036 2-Aug-11 19:26:00
nc|assified_EmaiI_CO L_Coffma n_0037 9-Aug-11 12:34:00
nc|assified_EmaiI_CO L_Coffma n_0038 9-Aug-11 15:19:00
nc|assified_EmaiI_CO L_Coffma n_0039 22-Aug-11 19:07:00
Unc|assified_Emai|_CO L_Coffma n_0040 25-Aug-11 21:53:00
nc|assified_EmaiI_CO L_Coffma n_0041 25-Aug-11 21:54:00
nc|assified_EmaiI_CO L_Coffma n_0042 27-Aug-11 06:31:29
Uncla ssified_Email__CO L_Coffma n_0043 27-Aug-11 19:51:04
nc|assified_Email_CO L_Coffma n_0044 1-Sep-11 11:13:00
nc|assified_EmaiI_CO L_Cof?fman_0045 15-Sep-11 07:31:00
nc|assified_EmaiI_CO L_Coffma n_0046 18-Sep-11 21:15:00
nc|assified_EmaiI_CO L_Coffman_0047 26-Sep-11 17:35:00
Unc|assified_Emai|_CO L_Coffma n_0048 26-Sep-11 17:37:00
nc|assified_EmaiI_CO L_Coffma n_0049 27-Sep-11 07:39:00
nc|assified_EmaiI_CO L_Coffman_0050 27-Sep-11 08:47:00
nc|assified_EmaiI_CO L_Coffman_0051 27-Sep-11 12:27:09
nc|assified_EmaiI_CO L_Coffma n_0052 28-Sep-11 07:37:00
Unc|assified_Emai|_CO L_Coffman_0053 12-Oct-11 15:35:00
Unc|assified_Emai|_CO L_Coffman_0054 12-Oct-11 15:46:55
Unc|assified_Emai|_CO L_Coffman_0055 13-Oct-11 13:09:00
Unc|assified_Emai|_CO L_Coffman_0056 21-Oct-11 07:04:00
L_Coffman_0057 25-Oct-11 18:10:00
nc|assified_EmaiI_CO L_Coffma n_0058 25-Oct-11 18:49:07
nc|assified_EmaiI_CO L_Coffma n_0059 26-Oct-11 16:36:49
nc|assified_EmaiI_CO L_Coffma n_0060 27-Oct-11 07:21:00
nc|assified_EmaiI_CO L_Coffma n_0061 4-Nov-11 18:07:00
nc|assified_EmaiI_CO L_Coffman_0062 16-Nov-11 14:13 :00
Unc|assified_Emai|_CO L_Coffma n_0063 16-Nov-11 14:23:22
Unc|assified_Emai|_CO L_Coffman_0064 16-Nov-11 14:41:39
nc|assified_EmaiI_CO L_Coffma n_0065 6?Dec-11 09:41:00
nc|assified_EmaiI_CO L_Coffman_0066 6?Dec-11 11:32:00
Unc|assified_Emai|_CO L_Coffma n_0067 6?Dec-11 18:29:00

29276

?28"9?8 FOR OFFICIAL USE ONLY 29277

From: Fein. Ashden CPT USA SJA




Sent: Monday, August 02, 2010 12:36 PM

To:

Cc: us.anny.mil; Robinson, Bruce H. CPT USA SJA
Subject: Hot Issue (Manning)

Importance: High

Sir. Good afternoon. Now that PFC Manning is fully on board, we have some immediate issues
to bring to you in the Form of paperwork for signature. Are you available send an intern (CPT Bruce Robinson) over to you to get a signature. If it's ok
with you, I can discuss with you over the phone what it is that you will be presented and
then you can decide what action you want to take. Unfortunately, our timeline is incredibly
compressed as I will explain later. Thank you.

v/r

Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

I IAL LY

02871843

29278

FOR USE ONLY

Front
Sent
To:
Cc?

Suh?unz

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA
Friday. September 17. 2010 8:09 AM



Zimmerman. Sara J. SGT USA JFHQ- SJA

FW: Requirement for Monitoring - PFC Manning

Thank you For your help yesterday. we will likely have another round today of document
signing and a phone conversation.

Is COL Co?Fman open For a phone meeting with the Quantico Marine Garrison Commander (Col
Daniel Choike) at 1530 on next wed?

I spoke with COL Coffman yesterday about this meeting and he gave a green light to set it up

For him.

CPT Fein

Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of Hashington (MON)



FOR OFFICIAL USE ONLY



02873438

FOR OFFICIAL USE ONLY 29279

From: Fein. Ashden CPT USA SJA

Sent: Thursdav. September 30. 2010 9:46 PM

To.

Cc: onow 0 an, JFHQ-NCRIMDW SJA: Zimmerman. Sara J. SGT USA

JFHQ- SJA
Subject: PFC Manning

Sir. Good evening. On Monday or Tuesday, will you be available to have a brief phone
conversation and for us to present some defense and government requests to you for the
Manning case? I know you will be TDY next week. Based on the briefing, we will be able to
document your decision (VOCO) and based on your direction, sign the documents you.
Thank you. Vr Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

. . FOR OFFICIAL USE ONLY


FOR OFFICIAL use ONLY 2928?

From: Coffman. Carl COL MIL usn

Sent: Friday, October 1, 2010 8:08 AM
To: Fein. Ashden CPT USA SJA
Subject: RE: PFC Manning (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

I will.

BB number is?

FOR OFFICIAL USE ONLY



FOR OFFICIAL USE ONLY




From. Fein. Ashden CPT USA SJA

Sent: Tuesday, October 12, 2010 11:14 AM

To

Cc conus.army.mil; Overgaard, Angel M. CPT USA SJA:

Morrow HI. JoDean, CPT USA SJA
Subject: Manning Docs

Sir. Good morning. Are you available for a 5 minute phone meeting later this afternoon For
signing some documents For approval/disapproval? I can also give you an update on the
?Summit? request. Thank you.

Ashden

Ashden Fein
CPT, JA
Chie?, Military Justice

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

FOR OFFICIAL USE ONLY

?2898?"6 FOR OFFICIAL USE ONLY 29282

From: Fein, Ashden CPT USA SJA
Sent: Monday, November 01, 2010 8:03 PM

To:

Subject: mannmg

Sir. are you available tomorrow a?ternoon For a 3 minute update phone call and review some
actions? Thanks. v/r Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

FOR OFFICIAL USE ONLY



FOR OFFICIAL USE ONLY 29283

From: Coffman, Carl COL MIL USA

Sent: Thursday, November 4, 2010 8:53 AM

To: Brew, Marilyn D. COL USA Dep Sur

Cc: ?"ein, Ashden CPT USA SJA
Subject: Forensic Support (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Dr. Brew,

PFC Manning (of Wikileaks fame) is in pre-trial con?nement at the Quantico Brig. MG Horst is the GCMCA and has
jurisdiction of the case. is currently in a max security cell under POI (prevention of injury) watch and gets
seen by a forensic twice a week. The Naval Clinic has done an outstanding job in providing the service to the
soldier. The challenge is it is reducing the number of Marines and Sailors that can be serviced by the clinic because he is
spending time with Manning. The second challenge is he is potentially going to deploy in the next several months.
Manning will be in pre-trial confinement for an undetermined time as the investigation continues.

Bottom line is I need assistance in determining who can continue to provide services to Manning as the investigations
and case continues to be processed. My opinion is it should be an Army Doc (Forensic that is not scheduled
to deploy for up to a year. It would be a plus if he had a TS-SCI security clearance as well. The clearance is not that
important initially but can be worked if determined to be a requirement. I have been advised that the request should go
thru JTF Cap Med. I do not know where to start. Can you help me out.

The Commander of the Naval Clinic at Quantico (CAPT Mary Neill) is She can probably assist you in the medical
specifics if required.

Thanks for the help.
Carl

Classi?cation: UNCLASSIFIED
Caveats: FOUO

F0 OF I IAL ON LY

02219177 29234

FOR OFFICIAL USE ONLY

Brew, Marilyn D. COL USA Dep Sur




From:

Sent: Thursday, November 4, 2010 H0 PM



Subject: Re: Forensic Support (UNCLASSIFIED)

Got it. WI work with CAPT Neill to provide continuity of support.

Given that the current provider seeing the SM does not deploy for a few months. we should have time to execute
appropriately.

Neill. provide your phi.

One Team.

FOR OFFICIAL USE ONLY





02217439

FOR OFFICIAL USE ONLY 29285

From: COFFMAN. CARL COL MIL USA IMCOM

Sent: Thursday. November 4. 2010 2:08 PM
To: Brew. Marilvn COL USA Dep Sur
Cc: ein. Ashden CPT USA SJA

Subject: Re: Forensic Support (UNCLASSIFIED)

Thanks for the help.

FOR OFFICIAL USE ONLY



02898414 29235

FOR USE ONLY







From: Fein. Ashden CPT USA SJA

Sent: Thursday. November 04. 2010 6:25 PM

To:

Cc: il; Morrow Ill. Jooean. CPT USA SJA
Subject: anmng

Sir. Are you available tomorrow morning for a brief 2 minute phone conversation {allowed by
an approval/disapproval memo? Thanks.

V/r

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MON)
?2




FOR OFFICIAL USE ONLY

0

FOR OFFICIAL USE ONLY



Sent: Tuesday,Janua1y 18,2011 7:23 PM

To: Fein. Ashden CPT USA SJA
Subject: Re; US v. BM

Standing by.

Sent via BlackBen'y by

FOR USE ONLY

02217431 29288

FOR OFFICIAL USE ONLY
From= :1

Sent: Wednesday, January 19, 201 I 6: I4 PM

To: Fein, Ashden CPT USA A
Subject: Fw: letter from Amnesty lntemational regarding PFC Bradley Manning

Attach: Scan00l .PDF

Sent via BlackBeny by

From

Date: Wed, 19 Jan 2011 14:49:35 +0000

To:

Subject: letter from Amnesty International regarding PFC Bradley Manning

Dear Colonel Coffman

Please ?nd attached a copy of a letter from Amnesty International regarding the conditions of confinement of
Bradley Manning, which includes a copy of a letter we have today sent by fax and mail to Secretary of Defense
Gates. We are also sending the letters by mail.

Thank you for your kind attention to this matter.

(See attached file: Scan00l.PDF)

Angela Wright

Americas Regional Program

Amnesty International

1 Easton Street

London WC 1X ODW, United Kingdom
fax: 44 20 7956 1157; tel 44 20 7413 5707

email

Working to protect human rights wondwide

DISCLAIMER

This email has been sent by Amneay lntemational Lirnied (a company registered in England and Wales limited by guarantee, number 01606776 with
registered oftice at 1 Easton St, London WC1X DDW). Internet communications are not secure and therefore Amnesty International does not accept
legal responsibility for the contents of this message. If you are not the intended recipient you must not disclose or rely on the information in this e-mail.
Any views or opinions presented are solely those of the author and do not necerily represent those oi Amnesty lntemational unless speci?cally
stated. Electronic communications including email might be monitored by Amnesty lntemational for operational or business reasons.

This message has been scanned for viruses by Postini.

FOR OFFICIAL USE ONLY

2

FOR OFFICIAL USE ONLY 29289

From: Haberland, John CPT MIL USA

Sent: Wednesday, January 19, 2011 6:34 PM

To: Coffman, Carl MIL USA

Cc: Fein, Ashden CPT USA SJA
Casamatta, Joseph CPT MIL USA TRADOC 1>

Subject: CSM visit to the Brig (UNCLASSIFIED)



Classi?cation: UNCLASSEFIED
Caveats: OUO

Sir,

CPT Fein told me that you would like to have CSM Varner have a tour of the Brig and a visit with PFC Manning. I would
like to coordinate that trip to the Brig and could accompany CSM Varner to the brig. I am free all day on Monday or
Tuesday of those dates work.

Very Respectfully,

B. Haberland

Regimental Judge Advocate

3rd U.S. Infantry Regiment (The Old Guard)

mace:

as:

Building 242, Fort Myer, Virginia 22211

Via

Classi?cation: UNCLASSIFLED
Caveats:

FOR OFFICJAL USE ONLY



02217428 29290

FOR OFFICIAL USE ONLY

From: COFFMAN, CARL COL MIL USA

Sent: Wednesday, January 19, 2011 8:50 PM
To:

Cc: Fein, Ashden CPT USA SJA

Subject: Manning

Dam.

Good evening. It is my understanding that my trial counsel requested the below documents. outlined in the attached request:

a. DD 2710. Inmate Background Summary for PFC Manning

b. DD 2715-2. Inmate Summary Data for PFC Manning

c. DD 2719, any Continuation Sheet for PFC Manning

(1 Any other assessment of PFC Manning by a brig mental health professional. guard. counselor or case manager

e. Any assessment or detennination by you or a member of your staff concerning PFC Manning

f. Any additional infomtation you rely upon to make the determination of PFC Manning?s classi?cation and con?nement status.
Could you please expedite the delivery of these documents and arty other documentation for PFC Mannings P01 and the recent
suicide watch status? I would like to review these documents to better understand his cument status. I also plan to send my CSM to
the brig so that he may sit down with PFC Manning and introduce himself. since he just assumed responsibility of the Joint Base
yesterday.

Please have the documents sent to the prosecution team (CPT Fein artd CPT Haberland), who are CCed on this email.

Thank you.

Carl

FOR OFFICIAL USE ONLY

1 4

02885111

Front
Sena:
To:
Cc:

Subject:

FOR OFFICIAL USE ONLY 29291

Fein. Ashden CPT USA SJA
Thursdav. Februani O3. 2011 6:57 PM

ergaand. nge . A JFHQ-NCRIMDW Morrow Jooean, CPT USA
Cariile, Monica Sir. Mr. Coombs, de?ense attorney was read?on today. As per our conversation and your
directive, we dated the re-start of the RCM 706 for today and we are sending it out to the

Board.

v/r

Ashden

Ashden Fein

CPT, JA

Thank you.

Chief, Military lustice

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



FOR OFFICIAL USE ONLY

1 5

02217398 29292

FOR OFFICIAL USE ONLY

From: Brown. Kirk MAJ MIL USA
Sent: Tuesday, February 15, 2011 9: A

To: Fein. Ashden CPT USA SJA
Cc: Coffman, Can COL MIL USA

subject: Document from COL Coffman (UNCLASSIFIED)
Attachments: 1 .pdf

Signed 81!: IT

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,
Attached is a signed document ?rom COL Coffman. Please confirm
receipt, thanks

v/r

MAJ Kirk 0. Brown

Board Recorder

Department of the Army Secretariat for DA Selection Boards
Human Resources Command

1660 Spearhead Division Avenue, Department 471

Fort Knox, KY 40122

Classification: UNCLASSIFIED
Caveats: FOUO

1

FOR OFFICIAL USE ONLY



02907503 29293

FOR OFFICIAL USE ONLY

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Wednesday. March 02, 2011 5:58 PM

To: Coffman_ Carl COL MIL USA

Subject: Chat TONIGHT

hnponance: i?gh

Sir. Please call my 88 tonight. Need to give you an update. Thank you. Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

FOR OFFICIAL USE ONLY

7



02217393 29294

FOR OFFICIAL USE ONLY
From: Coffman, Carl COL MIL USA

Sent: Friday, March 4, 2011 4:42 PM
To: Leiker, Cameron A LTC MIL USA Fein, Ashden CPT
USA SJA



Subject: Setting Conditions (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Gentlemen,

Got a call from the Commander at Quantico. When we are getting ready to inform BM on anything that may change his
condition or mental state we need to inform the mental health Doc and the Brig so they can be prepared to deal with
result. For example, the Doc was not available when BM was notified of charges. He was on emergency leave and the
Brig did not have the support they needed. Bottom line, let's get the support agencies and Brig notified and ready to
assist prior to notifying BM of issues that may change his attitude.



Classi?cation: UNCLASSIFIED

Caveats: FOUO

FOR OFFICIAL USE ONLY

8

FOR OFFICIAL USE ONLY


From: Fein, Ashden CPT USA SJA
Sent: Thursday. March 10. 2011 5:37 PM

To: COFFMAN. CARL COL MIL USA IMCOM
Subject: timeline. etc.

Sir,

Below is a the time line of day that charges were preferred (2 March 2011) from CPT
Haberland. Also, will you be available on Monday For me to bring over some documents and
give you a case update?

8915 - LTC Greer notified by phone at approximately 9915 that the charge sheet would be given
to PFC Manning on that day.

0941 - I contacted CNO2 Barnes and LTC Greer to ask them to let us know when PFC Manning
spoke to his attorney

B949 cwoz Barnes responded to me and cc?d COL Oltman, LTC Greer and Papakie asking if
it was just because of the additional charges.

1402 - email from CNOZ Barnes stating that MAJ Kemkes called and asked if the new charge
sheet had been delivered and stated that he would visit at 1539.

1422 LTC Greer emailed CPT Haberland to say that the 138 claim had been delivered to PFC
Manning

1545 (approx) - charge sheet served on PFC Manning

1906 - cwoz Barnes notified CPT Joe Casamatta that PFC Manning?s underwear had been removed
because oF his statements.

1910 - cwoz Barnes emailed CPT Haberland stating that his underwear had been removed but he
had not been placed on suicide watch she cc?d COL Oltman, MAJ Ebitz and LTC Greer.

Ashden Fein

CPT, JA

Chief, Military Justice

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



FOR USE ONLY

02903144 29296

FOR OFFICIAL USE ONLY



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, April 04, 2011 11 :49 AM

To: Coffman, Carl COL MIL USA

Cc: Overgaand, Angel M. CPT USA JFHQ-NCRIMDW Grimaldo, Jose A CPL MIL

Bandoh. Thanya 8 CW US USA

subject: Drive-by Tomorrow

hnponance: l?gh

Sir,

Do you mind if I have a quick drive-by tomorrow before 1330 or after 1706? Thank you.

v/r

Ashden

Ashden Fein

CPT, JA

FOR OFFICIAL USE ONLY





02910456

FOR OFFICIAL USE ONLY 29297
I
From: Fein. Ashden CPT USA SJA
Sent: Friday. April 15. 2011 9:55 AM
To: Coffman. Carl COL MIL USA
Subject: Another phone call

Are you available For another quick phone call. I am sorry. Many moving pieces this week.

Ashden Fein

CPT, JA

FOR OFHCIAL USE ONLY



02887497 29298

FOR OFFICIAL USE ONLY

From: Fein. Ashden CPT USA SJA

sent: Monday. April 25, 2011 8:57 AM

To: Bandoh. Thanya CIV US Cotfman. Can COL MIL USA

cc: Habenand, John CPT USA Regimental Judge Advocate; Manon, Andras M. LTC USA


subject: RE: Today (UNCLASSIFIED)

we are still waiting to receive additional information this morning. If we
do not receive it, will he be available later in the day? Thank you again.

Ashden Fein
CPT, JA



5 CIV ?l

Sent: Monday, April 25, 2611 8:55 AM
To: Fein, Ashden CPT USA Coffman, Carl COL MIL USA
Subject: RE: Today (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir:
Col Coffman will be able to see you at 1396 today. Thank you.
Thanya


From: Fein, Ashden CPT USA SJA




To: Coffman, Carl COL MIL USA
Cc: Bandoh, Thanya CIV US USA
Subject: Today
Importance: High




Sir. once again, we have two more hot issues we worked over the weekend.
Are you available today after lunchtime for me to come over and give you a
quick brief and present some documents? Thank you.

v/r

Ashden

FOR OFFICIAL USE ONLY



02887500

FOR OFFICIAL USE ONLY 29299
From: Fein. Ashden CPT USA SJA
Sent: Monday, April 25, 2011 8:56 AM
To: Bandoh, Thanya CIV US Coffman, Cad COL MIL USA
Subject: RE: Today (UNCLASSIFIED)

Thank you!

Ashden Fein
CPT, JA



From: Bandoh, Thanya CIV US USA 1
Sent: Monday, April 25, 2011 8:55

To: Fein, Ashden CPT USA Coffman, Carl COL MIL USA
Subject: RE: Today (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir:
Col Coffman will be able to see you at 1300 today. Thank you.
Thanya

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

Een! %n!ay, !p

To: Coffman, Carl COL MIL USA
Cc: Bandoh, Thanya CIV US USA
Subject: Today

Importance: High

Sir. Once again, we have two more hot issues we worked over the weekend.

Are you available today after lunchtime for me to come over and give you a
quick brief and present some documents? Thank you.

v/r

Ashden

1

F0 OF I LY

FOR OFFICIAL USE ONLY 293??)

Ashden Fein

CPT, JA

Classification: UNCLASSIFIED
Caveats: FOUO

2

FOR OFFICIAL USE ONLY





02885072

FOR OFFICIAL USE ONLY 293??
I
From: Fein, Ashden CPT USA SJA
Sent: Monday. Am?! 25, 2011 4:44 PM
To: ?Coffman, Can COL MIL USA
Cc: Matthew kemkes: Morrow HE, JoDean, CPT USA
JFHQ-NCRIMDW Bouchard. Paul CPT USCENTCOM USF-I USCENTCOM-TDSIFICL
Habenand,John CPT MIL Canile, Monica L. SFC USA JFHQ-NCRIMDW
Feito, Beatriz SGT USA JFHQ- NCRIMDW SJA
Subject . US v. PFC BM (Art 32 Detay Request) A
Attachments: 11-Apr-25-Government Request to Delay Article 32 (ManningB).pdf
unponance: r?gh
Sir,

The United States requests a delay of the Article 32. Please see the attached
request. we delivered the enclosures to you and will send the defense a
separate email with the enclosures.

V/r
CPT Fein

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY





02217353

From:
Sent:
To:
Cc:

Subject:

29302

FOR OFFICIAL USE ONLY
_~i1

Monday, April 25, 20! I 8:13 PM

Fcin. CPT USA SJA
Matthew kemkes

Morrow 111, JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM






HaberIand,John CPT MIL USA
USA SJA
SGT USA IFHQDelay Request)

an e, onica L. SFC
Feito. Beatriz

Ashden.
Got il.

Mr. Coombs.

Please provide me your feedback on the request by COB 27 April.

VR
COL Can Coffman

Sent Via by



FOR OFFICIAL USE ONLY

02215317













FOR OFFICIAL USE ONLY 29303

Sent: Tuesday, April 26, 201 1 9:08 PM
?i
Cc: Matthew kemkes Morrow .loDean, CPT USA
SJA Bouchard. Paul CPT
USCENTCOM USF-I
Haberland.John CPT MIL USA
Carlile, Monica L. SFC USA SJA
Feito. Beatriz SGT USA JFHQ-
SJA Fein, Ashden PT USA
SJA
Subject: RE: PFC BM (Art 32 Delay Request)
Attach: Article 32 Delaypdf; Attachment A.pdf; Attachment B.pdf; Attachment .pdt?;
Attachment D.pdf; Attachment Epdf; Attachment .pdf
Sir,

Please see the attached feedback regarding the Govemment?s delay request.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282
9m


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

. . FOR OFFICIAL USE ONLY


02885075 29304

FOR OFFICIAL USE ONLY

I
From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Monday, May 23, 2011 7:55 AM
To: 'Coffman, Cad COL MIL
Cc: Matthew kemkes; Morrow JoDean, CPT USA

Bouchard. Paul CPT USCENT COM
'HaberIand,John CPT MIL Ovengaard, Angel M. CPT USA JFHQ-NCRIMDW
Fond, Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: US v. PFC BM (Art 32 Delay Request)
Attachments: 11-May-22-Govemment Request to Delay Atticle 32 (MannIngB).pdf
Sir,

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

V/r
CPT Fein

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY



02217313

From:
Sent:
To:
Cc:

Subject:

29305

FOR OFFICIAL USE ONLY

COFFMAN, CARL COL MIL USA IMCOM

Tuesday. May 24. 2011 4.57 PM

Fein, CPT USA SJA

Matthew kemkes
Morrow Ill, JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM












.

CPT MIL USA
CPT USA SJ
Arthur D. WOI USA IFHQ-NC
Re: US v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Mr. Coombs.

Please pmvidac me an_vcommct1s_vou may hm by COB 25 May 2011.
COL CofTmarL Carl

FOR OFFICIAL USE ONLY



02215286 29305

FOR OFFICIAL USE ONLY

Fr?m=

Sent: Tuesday. May 24, 201] 8:46 PM

To: COL MIL USA IMCOM
Cc: Matthew kemkes Morrow Ill, JoDean. CPT USA

SJA Bouchard. Paul CPT
USCENTCOM
Habcrland.John CPT MIL USA
Overgaard, Angel M. CPT USA
Ford. Arthur D. USA JFHQ-
Fcin, Ashden PT USA IF HQ-
Joshua Tooman








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

Sir,

The defense maintains it position as stated in the 26 April 2011 memorandum. Given the limited
discovery provided so far, it is likely that the Article 32 will need to be delayed in order to provide the
defense with the ability to adequately prepare. The defense requests that any additional delay be credited
to the government.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

FOR OFFICIAL USE ONLY



02885077

FOR OFFICIAL USE ONLY 293"

Front

To:
Cc:

Sub?n:
Attachments:

lmponance:

Sir,

Fein. Ashden CPT USA SJA

Monday. June 27, 2011 6:17 PM

COFFMAN.CARL COL MIL USA IMCOM

Matthew kemkes; Monow Ill, JoDean, CPT USA
Overgaard. Angel M.
CPT USA SJA: Ford. . RIMDW SJA: Joshua
Tooman: Fond. Arthur Delay Request)

?11-Jun-27-Govemment Reques1 to Delay Anicle 32 (ManninoB).pdf

High

The United States requests an additional delay of the Article 32. Please see the attached
request. we apologize for not providing an update sooner, but we were hoping to have an
approval before the end of last week.

v/r
CPT Fein

Ashden Fein
CPT, JA

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY



02217293

From:
Sent:
To:
Cc:

Subject:

29308

FOR OFFICIAL USE ONLY
COFFMAN, CARL COL MIL USA IMCOM

Wednesday. June 29. 201 1 4:56 PM

Fein, Ashden CPT USA SJA
Matthew kemkes

coombs@armycourtm Ia ense.com;
M. CPT USA SJA
Arthur D. W01 USA
Joshua Tooman
SJ
Re: US v. PFC











Morrow Ill, .IoDean, CPT USA



Overgaard, Angel
Ford.


IFIED)

Classi?cation: UNCLASSIFIED

Mr. Coombs.

Do you have any comments on the request??

COL Coffman

FOR OFFICIAL USE ONLY

L_Coffman_0O31

FOR OFFICIAL USE ONLY 29309





From:

Sent: Wednesday. June 29. 2011 8:37 PM

To: COFFMAN.CARL COL MIL USA IMCOM l>

Cc: Matthew kemkes Morrow JoDean. CPT USA



. Ovcrizaard. Angel M. CPT USA SJA
Ford. Arthur D. W01 USA WHO-

Joshua Tooman

ein, Ashden CPT USA SJ A

SJA





SJA




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

Slr,

The defense maintains It position as stated in its 26 April 2011 memorandum. Once the Govemment is
able to provide the classi?ed and unclassi?ed discovery, we will likely need to delay the Article 32 hearing
in order to provide the defense with an opportunity to adequately prepare. The defense requests that any
additional delay be credited to the government.


David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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



02885097

29310

FOR OFFICIAL USE ONLY

From:
Sent:
To:
Cc:

Subject:
Attachments:

Importance:

Sir,

Fein. Ashden CPT USA SJA

Monday. July 25. 2011 9:55 AM

COFFMAN, CARL COL MIL USA IMCOM

Matthew kemkes; Monow Ill, JoDean, CPT USA
Ovemaand. Angel M.
CPT USA JFHQ-NCRIMDW Ford. rthur . 1 Joshua
Tooman; Ford. Arthut (Art 32 Delay Request)

11-Ju!-25-Govemment Request to Delay Article 32 (MannIngB).pdf

High

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

v/r~
CPT Fein

Ashden Fein
CPT, JA



FOR OFFICIAL USE ONLY

02217288

From:
Sent:
To:
Cc:

Subject:

29311

FOR OFFICIAL USE ONLY
COFFMAN, CARL COL MIL USA

Monday, July 25. 2011 3:32 PM

Fein. Ashden CPT USA A
Matthew kemkes
SJA

M. CPT USA SJ
Arthur D. WOI USA
Joshua Tooman
SJA
Re: US v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)








Morrow Ill. JoDean, CPT USA






SJA
Ford. Arthur D. W01 USA JFHQ-



Classi?cation: UNCLASSIFIED

Mr. Coombs.

Does the Defense havc any issues with the ncqucsf.?

COL

FOR OFFICIAL USE ONLY



29312

FOR OFFICIAL USE ONLY

From:

Sent: Monday. July 25. 2011 5:52 PM

To: COL MIL USA IMCOM

Cc: Matthew kemkes Morrow .loDean. PT USA







JFH SJA
Overrzaard. Angel M. CPT USA SJA
Ford, Arthur D. W01 USA WHO-

Joshua Toom an

Fein, Ashden CPT USA SJA

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

Please see the attached docu ment for the defense response.


David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attorney-
ciient 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 disciosure, copying or use of this
information may be unlawful and is

FOR OFFICIAL USE ONLY



?293?2" FOR OFFICIAL USE ONLY 29313

I From: Fein, Ashden CPT USA SJA

. Sent: Tuesday, August 02, 2011 7:27 PM
To: Coffman, Carl COL MIL USA
Cc: Morrow Ill, JoDean, CPT USA SJA
Subject: Discovery Update (US v. PFC BM)
Importance: Low
Sir,

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

v/r
Ashden

Message--?--

From:


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

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes; Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA Ford,

Arthur D. W01 USA Joshua Tooman

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

Importance: Low

Ashden,
Thank you for the update.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02996

Office: 1-806-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may
contain confidential attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying or
use of this information may be unlawful and is

Original Message
Subject: Discovery Update (02936274



29314

FOR OFFICIAL USE ONLY

From: ?Fein, Ashden CPT USA

?u e: ue, ugus! pm

To:
Cc: "Matthew kenkes"
CPT USA




"Morrow JoDean,





"Ford, Arthur D. H01 USA
?Joshua Tooman?

David,

we sent you and MA) Kemkes the Following today in discovery (BATES
36618-36882):

CID Case File Updates

FLAG Memo for Sec Army 15-6

SFC Adkins Reduction Board Appeal and Attachments
BM's newly executed Nondisclosure Agreement (NDA)
Your tracking number: 7016 1660 0001 1272 6251.

v/r
Ashden

FOR OFFICIAL USE ONLY

?29255"? FOR OFFICIAL USE ONLY 293?

d"

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, August 09. 2011 12:35 PM

To: 'Bandoh, Thanya 8 CW US

Cc: Coffman, Cad COL MIL Mornow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Ford, Arthur D. W01 USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA JFHQ-
Stapley, Jordan C. CPT USA JFHQ-NCRIMDW SJA

Subject: MTG wl COL Coffman

Thanya,

Does COL Coffman have an appointment available Thursday? If possible, I would like to come by around 1799 to brief him on
new issues in our case and get a Few documents signed. Thank you.

v/r?
CPT Fein

LY

FOR OFFICIAL USE ONLY 29316



From: Fein. Ashden CPT USA SJA

Sent: Tuesday, August 09. 2011 3:20 PM

To: Coffman. cad COL MIL USA

Cc: Motrow Ill, JoDean. CPT USA Fond, Arthur D. W01 USA JFHQ-


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

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


From: Fein, Ashden CPT USA SJA
Sent: Tuesday, August 09, 2911 3:19 PM

To:
Cc: Matthew kemkes; Morrow Jooean, CPT USA

Overgaard, Angel m. cm USA Ford,(

Arthur 0. H01 USA Joshua Tooman
Subject: Discovery Update (US v. PFC BM)

David,

we sent you and MAJ Kemkes the following today in discovery (BATES 636863):
Quantico Brig Recordings

Your tracking number: 7910 1669 0001 1272 6268

v/r
Ashden

FOR OFFICIAL USE ONLY



?29?"5 FOR OFFICIAL USE ONLY 293?

From: Fein, Ashden CPT USA SJA
Sent: Monday, August 22, 2011 7:08 PM

To: Coffman. Car1 COL MIL USA

Subject: FW: US v. PFC BM Discovery, etc.

Sir. we provided more unclassified discovery. FYSA.



From: Fein, Ashden CPT USA SJA

Sent: Monday, August 22, 2011 7:07 PM

To:

Cc: Matthew kemkes; Joshua Tooman; Ford, Arthur
D. N01 USA Overgaard, Angel M. CPT USA
Morrow JoDean, CPT USA SJA

Subject: US v. PFC BM Discovery, etc.

David,
Good evening. Below is an update on discovery and other issues:

1. A CD containing the Clausen files (636804-042866) was sent to you
(7610-1060-6001-1272-6282) and MAJ Kemkes should have received his copy
today or will tomorrow.

2. Last week, I emailed Paul that we should have an answer by C08 today
on when we expect to have the classified forensic evidence ready for you and
your team. For multiple reasons, we will not be able to provide an answer
today. I hope to be able to provide an answer by the end of this week to
allow you and your experts adequate time to plan for travel.

3. Trent Struttmann's clearance is being expeditiously processed. All
of his information appears to be received.
4. Contracting has received the CyberAgents contract and is working to

award the sole-source contract so we can ensure their payments are
preapproved prior to their arrival.

5. we are working on finalizing the acquisition of the defense forensic
computer equipment and software. Our intent is to acquire all the material
and then send it to your experts (once officially retained by Contracting)
so they can preload the software and be ready to go.

6. we are working on finalizing Dr. Moulton's travel arrangements (DTS)
so he can freely travel to

v/r?
Ashden

1

OR 0 IC IAL LY

02916317 29318

FOR OFFICIAL USE ONLY

From: Feln. Ashden CPT USA SJA

Sent: Thutsday. August 25. 2011 9:54 PM

To: Coffman, Carl COL MIL USA

cc: Matthew kemkes; Tooman, Joshua CPT MIL us
USA Mormw Ill. JODean. CPT USA JFHQ-
vergaa nge . A JFHQ-NCRIMDW Fold. Arthur D.
W01 USA JFHQ-NCRIMDW SJA

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

Attachments: 11-Aug-25-Government Request to Delay Article 32 (Manning8).pd1

unponancc: r?gh

Sir,

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

v/r
CPT Fem

FOR OFFICIAL USE ONLY



FOR OFFICIAL USE ONLY 29319

From: Fein, Ashden CPT USA SJA

Sent: Thursday. August 25. 2011 9:55 PM

To: Coffman. can COL MIL USA

Cc: Bandoh. Thanya CIV US Ovengaand, Angel M. CPT USA

Monow Ill. JoDean. CPT USA JFHQ-NCRIMDW SJA

Subject Chat tomormw

Sir,

Are you available to chat over the phone tomorro? I will be available
W?-e by BBS-

Thank you .

v/ r?

Ashden

FOR OFHCIAL USE ONLY

02217270

29320

FOR OFFICIAL USE ONLY








Fr?m=
Sent: Saturday, August 27, ml! 6:3! AM
To: Fcin. Ashden CPT USA S.
Mmhew kemkes
coombs@atmycourtmam ense.com; Tooman, Joshua] CPT MIL US USA
TRADOC Morrow
JoDean, -
Overgaard. Angel M. CPT USA JFHQ-NC

SubjectDelay Request)
Mr. Coombs.

Do 3 ou have all) issues or additions??

COL Coffman

Sent via by



FOR OFFICIAL USE ONLY

02216525 29321

FOR OFFICIAL USE ONLY

From:

Sent: Saturday, August 27, 20ll 7:51 PM



Cc: Matthew lcemkes Tooman,Joshua CPT MIL US




USA TRADOC Morrow
.loDean. CPT USA SJA

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

Fein, Ashden PT








SJA
USA JFHQ-NC
SJA
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.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, oopying or use of this
information may be unlawful and is

F0 IA LY



FOR OFFICIAL USE ONLY 29322

From: Fein_ Ashden CPT USA SJA

Sent: Thursday. September 01.2011 11:14 AM

To: Coffman. can COL MIL USA

cc: Morrow Ill. JoDean, CPT USA Fond, Arthur D. W01 USA JFHQ-


subject: FW: US v. PFC BM (Discovery Update)
Sir. FYSA.

Message--?--

From: Fein, Ashden CPT USA SJA

Sent: Thursday, September 91, 2911 11:13 AM

To:

Cc: '|(eIIkes, Matthew 3 MAJ MIL ?Joshua
Toonan'; Morrow JoDean, CPT USA Ford, Arthur D. wo1
USA SJA

Subject: US v. PFC BM (Discovery Update)

David,

we placed a DVD in the mail today containing unclassified discovery (BATES:
042867?044864). This DVD includes multiple pretrial confinement documents
from the confinement Facilities. A copy is being delivered to MAJ Kemkes
today.

v/r
Ashden

FOR OFFICIAL USE ONLY





?2926?? FOR OFFICIAL USE ONLY 29323



From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursda Se ember 15, 2011 7:32 AM

To: us USA uucou

cc: 0 man, a 0L MIL Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaand, Angel M. CPT USA JFHQ-NCRIMDW Ford, Arthur D. WO1 USA JFHQ-
NCRIMDW SJA

Subject: Memo for COL Coffman

Ladies,

Good morning. Is there any chance I can schedule 5 minutes today for a
phone conversation with COL Coffman about the morandum I sent two days
ago? Thanks.

v/r
CPT Fein

. . FOR OFFICIAL USE ONLY


?29?5642 FOR OFFICIAL USE ONLY 29324

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, September 18, 2011 9:16 PM

To: Coffman. Carl COL MIL USA

cc: Casamatta, Joseph CPT MIL Morrow HI. JoDean, CPT USA SJA
Subject: US v. PFC BM (lnvoiuntary Extension)

Sir,

we have been working with MDH J1 to have PFC BM's ETS involuntarily
extended, because his ETS date is in Oct 11. By operation of law, he is
automatically extended based on preferral of charges; however, the systems
will not reflect- so this action was completed. we are still working on
receiving written confirmation.

V/r
Ashden


From: Feito, Beatriz SGT USA SJA
Sent: Tuesday, September 13, 2611 8:51 AM



From: Dallman, David E. CIV 31

sent: Tuesday, September 13, 2811 8:41 AM

To: Feito, Beatriz SGT USA JFHQ- SJA
Subject: RE: Involuntary extension (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

ETS has been changed and I working the reassignment to USAG now.

FOR OFFICIAL USE ONLY

L__Coffman_0046

??9?6328 FOR OFFICIAL use ONLY 29325


From: Fein. Ashden CPT USA SJA
Sent: Monday. September 26. 2011 5:35 PM
To:
Cc: Matthew kemkes; Morrow Ill. JoDean, CPT USA
SJA Habenand.John CPT MIL
Ovengaand, Angel M. Tooman, Joshua CPT MIL US

Subject US v. PFC BM (Art 32 Delay Request)
Attachments: 110926-Govemment Request to Delay Articie 32.pdf
r?gh
Sir,

The United States requests a delay of the Article 32. Please see the attached
request. our digital scanner does not work, so I am providing an unsigned but
final version. I will send an updated signed copy tomorrow.

v/r?
CPT Fein

Ashden Fein
CPT, JA

FOR OF IAL LY

FOR OFFICIAL USE ONLY 29326



From: Fein. Ashden CPT USA SJA

sent: Monda Se ember26, 2011 5:38 PM

To:

Cc: usA;_an. USA wcou; Fold. Arthur 0.
W01 USA JFHQ-NCRIMDW Monow Ill. JoDean, CPT USA JFHQ-NCRIMDW
Overgaatd. Angel M. CPT USA SJA

subject: US v. PFC BM (Cour?er Cams)

Attachments: Action for Defense Request for Couner Cards.pdt

Sir,

Attached is a request from the defense for courier cards. I recommend
supporting their request. Ms. Ryan (How) and are standing by to
ensure implementation, if you approve. I am available anytime tomorrow to
discuss, prior to signing-if needed.

Thank you.

v/r
Ashden

FOR OFFICNAL USE ONLY

FOR OFFICIAL USE ONLY 29327

From: Fein. Ashden CPT USA SJA

Sent: Tuesday, September 27, 2011 7:39 AM

To:

Cc: armyco a naldefense.com'; Matthew kemkes; Monow Ill. JoDean, CPT USA
'Haber|and,John CPT MIL
Ovengaard. Angel M. CP Tooman. Joshua CPT MIL US



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

Attachments: 110926-Govemment Request to Delay Article 32.pdf

Sir,

Attached is a signed version. Thank you.

v/r
Ashden



From: Fein, Ashden CPT USA SJA

Sent: Monday, September 26, 2011 5:35 PM

To:

Cc: Matthew kemkes; Morrow Jooean,
USA Haberland,John MIL
Overgaard, Angel M. CPT USA Toonan, Joshua 3 (PT MIL US
USA TRADOC

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

Importance: High

Sir,
The United States requests a delay of the Article 32. Please see the attached
request. Our digital scanner does not work, so I am providing an unsigned but

final version. I will send an updated signed copy tomorrow.

v/r
CPT Fein

Ashden Fein
CPT FOR OFFICIAL USE ONLY 29328


From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, September 27. 2011 8:48 AM

To: Henderson. Ketty SSG MIL USA Bandoh, Thanya CIV US USA

Subject: this morning

Ladies,

Good morning. Is there a time this morning that I could steal no more than
5 minutes on the phone with COL Coffman? If so, would you mind printing the
document I sent and have it ready For the phone call? Thank you so very


CPT Fein

FOR OFFICIAL USE ONLY

















FOR OFFICIAL USE ONLY 29329

From:

Sent: Tuesday. September 27, 2011 12:27 PM

To:

Cc: Matthew kemkes Morrow Ill, .loDean, CPT USA

SJ A
Haberland.John CPT MIL USA
Overgaard. Angel M. CPT USA
Tooman,Joshua CPT MIL US USA
ein, Ashden CPT USA
SJA
Subject: [Suspected RE: US v. PFC BM (Art 32 Delay Request)
Sir,

The Defense maintains its previous postion that any additional delay should not be excluded under R.C.M. 707
Instead, the requested delay should be credited to the Government for speedy trial purposes under Article
10 of the Uniform (?ode of Military Justice


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



"?"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

FOR OFFICIAL USE ONLY

02941827

29330

FOR OFFICIAL USE ONLY

Fawn:
Sent
To:
Cc:

Subkun:
Auachnuuns:

lmponanco:

Ladies,

Fein. Ashden CPT USA SJA
Wednesda .Se ember 2a. 2011 7:37 AM
IL USA us USA
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Ford, Arthur D. wos USA JFHQ-
Morrow m. JoDean, USA JFHQ-NCRIMDW SJA:


mant ay
Action for Defense Request for Courier
Delay of Article 32 lnvestigatlonpdt

High

I am sorry for bombarding you with emails on Monday. Please disregard those.
Could you please schedule a time For ue to chat with COL Coffnan (5 minutes
on the phone) and have these two documents ready for his review? I am

available anytime today, except between 1430 and 1630, because I will be in

a SCIF. Thank

CPI Fein

FOR OFFICIAL USE ONLY



02914740



FOR OFFICIAL USE ONLY 29331

From:
Sent:
To:
Cc:

Subject:
Attachments:

Ladies,

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Wednesda October 12 2011 3:35 PM

he usA' vuL usA wcour
Morrow Hi. JoDean, CPT USA JFH - :0?/ergaard, Ange! M. CPT USA

JFHQ-NCRIMDW Ford. Arthur D. W01 USA JFHQ-NCRIMDW ?CoffmanDocument

1110XX-Excludable Delay Memorandum.pdf

Does COL Coffman have 5 minutes today to receive a phone update and review
the attached document? Thank you.


CPT Fein

FOR OFFICIAL USE ONLY



0221 7881

29332

FOR OFFICIAL USE ONLY

Fnxn:
Sent
To:
Cc:

Subkun:
S?gnedl3y:

?:Iv us USA
VVednesday.Cx:ober12.20113:

Fein, Ashden CPT USA JFHQ-NCRIMDW MMC (FTMYER)
Motrow m, JoDean, cm? USA enga . ngel M. cm? USA
JFHO-NCRIMDW SJA: Ford, Arthur 0. wo1 us?. SJA: Coffman, can
corDocument (UNCLASSIFIED)
I

Classification: UNCLASSIFIED

Caveats: FOUO

CPT Feinz

Col Coffman is on Leave until 10/18/11.

Thanya



FOR OFFICIAL USE ONLY

02915882 29333

FOR OFFICIAL USE ONLY

From: Fein. Ashden CPT USA SJA

Sent: Thursday. October 13. 2011 PM

To: Coffman. Carl COL MIL USA

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

NCSEMADVVISJA
Subject: FW: US v. PFC BM (Discovety)

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, 2811 1:69 PM

To:

Cc: Matthew kemkes; 'Tooman,Joshua 3 (PT 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,

Yesterday, we sent to you (tracking 8 7619 1666 1274 4619) and delivered
to MAJ Kemkes unclassified discovery (BATES: 69045362-00045581). 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
CW2 Santiago could log on to one of them.

v/r
Ashden

I

FOR OFFICIAL USE ONLY 29334

From: Fein. Ashden CPT USA SJA

Sent: Ftiday. October 21. 2011 7:04 AM

To: Coffman, Cari COL MIL USA

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


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

Sir. FYSA-Ongoing unclassified discovery production.

Message-?--?

From: Fein, Ashden CPT USA SJA

Sent: Friday, October 21, 2011 7:03 AM

Yo:

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

Morrow JoDean, USA
Overgaard, Angel M. CPT USA Ford, Arthur D. H01 USA
SJA

I Subject: US v. PFC BM (Discovery)

David,

Yesterday, we sent to you (tracking: 7010 1060 0001 1274 4026) miscellaneous
CID documents from their case file (0004S582-00046073). we also delivered a
copy to MAJ Kemkes. Have a good weekend.

v/r
Ashden

FOR OFFICIAL USE ONLY



02916332 29335

FOR OFFICIAL USE ONLY



From: Fein. Ashden CPT USA SJA

Sent: Tuesday, October 25, 2011 6:11 PM

To:

Cc: Matthew kemkes; Momow JoDean. CPT USA
'HaberIand,John CPT MIL
Overgaard. Angel M. CPT USA NC MDW 'Tooman. Joshua CPT MIL US


subjectDelay Request)

Attachments: 111025-Government Request to Delay Articie 32.pd1

unponance: I?gh

Sir,

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

request.

v/r

CPT Fein

Ashden Fein
CPT, JA

FOR OFFICIAL USE ONLY





02216373 29335

FOR OFFICIAL USE ONLY




From: coombs@annycourtmani aldefense.com

Sent: Tuesday, October 25, 201 1 6:49 PM

To:

Cc: Matthew kemkes Morrow Ill, JoDean, PT USA



SJA







Ha.berland..Iohn 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)

Si r,

The defense maintains its previous position that any additional delay should not be excluded under RC M. 707
Instead. the requested delay should be credited to the Government for speedy trial purposes under Article
10 of the Unifomi Code of Military Justice.


David

David E. Coombs, Esq.

Law Office of David E. Coombs

1| South Angell Street, #317
Providence, RI 02906

Toll Free; I-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



?"ConfidentiaIity Notice: This transmission, including attachments, may contain con?dential attomey-client
infonnation and is intended for the peison(s) or company named. [fyou 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.?"

FOR OFFICIAL USE ONLY



02217226

From:
Sent:
To:
Cc:

Subject:

29337

FOR USE ONLY

COFFMAN, CARL COL MIL USA IMCOM

Wednesday, October 26, 201 1 4:37 PM


Matthew kemkes
SJA




Morrow Ill, .loDcan, CPT USA








Haberland,John CPT MIL USA
Overgaard. Angel M. CPT USA

Tooman,Joshua CPT MIL US USA
3; Fem, Ashden PT USA

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

Classi?cation: UNCLASSIFIED

Thanks.
Coffman

FOR OFFICIAL USE ONLY



FOR OFFICIAL USE ONLY 29338




From: Fein. Ashden CPT USA SJA

sent: Thursda . October 27. 2011 7:22 AM

To: IV US USA

cc: Morrow . an,

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

subject: Document for COL Coffman

Attachments: Delay of Anicle 32 Investigationpdf

Ladies,

Good morning. Does COL Coffman have 5 minutes (or less) today for a phone
conversation? If so, could you please print this document and have it ready
for the phone call?

Additionally, is it possible to schedule a meeting next week For COL Coffman
to come over to Fort McNair and receive a full case update in our secure
facility? Does he have time on Ned or Thu of next week?

Thank you!

CPT Fein

F0 OF IAL LY

?2??5?35 FOR OFFICIAL USE ONLY 29339

From: Fein, Ashden CPT USA SJA

Sent: Fridav. November 04. 2011 6:07 PM

To:

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


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

Sir. FYSA below. BLUF: we received final approval to turnover classified
forensic data and did so today. A total of 329,955 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 04, 2011 6:02 PM

To: Kemkes, Matthew MAJ MIL
'Tooman,Joshua CPT MIL US USA Bouchard, Paul CPT USA MIL (US)
Cc: Morrow 3oDean, 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. CNZ Santiago signed for two
sets of disks, containing the forensic reports and specific native files
(BATES 09046074-00375129).

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 0960.

Thank you and have a good weekend.
1

F0 IC IAL LY

?29?5935 FOR OFFICIAL USE ONLY 293?

v/
Ashden

FOR OFFICIAL USE ONLY



?29??3?5 FOR OFFICIAL use ONLY 2934?



From: Fein, Ashden CPT USA SJA

Sent: Wednesday, November 16, 2011 2:13 PM

To:

Cc: coom Matthew kemkes; Monow Ill. JoDean, CPT USA

?Haberiand,John CPT MIL
Ovengaand. Angel M. CPT USA JFHQ-NCRIMDW Tooman. Joshua CPT MIL US


SubjectRestart Delay)
Attachments: 111116-Request to Restan An 32 and Delaypdt
hnponanee: limb

Sir,

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

FOR OFFICIAL USE ONLY





02217215 29342

FOR OFFICIAL USE ONLY
Fr?m=

Sent: Wednesday, November 16, 201] 2:23 PM
To: Fcin. Ashden CPT USA S1 A
Cc: Matthew kemkes




Morrow Ill, JoDean, CPT USA

Haber an .
CPT USA A Tooman,

Joshua CPT MIL US USA TRADOC
Subject: Re: US v. PFC BM (Art 32 Restart Delay)
Mr. Coombs.
Does the have any oonocms??
VR
COL Coffman

Sent via BlackBerr_v by

FOR OFFICIAL USE ONLY



FOR OFFICIAL USE ONLY 29343

From:

Sent: Wednesday, November 16, 2011 2:42 PM



Cc: Matthew kemkes Morrow JoDean, CPT USA

SJ A Haberland,John CPT





Overgaard, Angel M. CPT USA HQ-
Fein, Ashden CPT USA
Paul Bouchard




SJ A






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



On Monday, I had a conversation 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 CPT Fein requesting, in anticipation of your order to restart the Article 32, that the Government
begin its preparations so that you could order a restart on 12 December 2011. 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 12 December 201 1. This will provide the
government with 27 days to execute its OPLAN Bravo. By orderi ng the restart on 12-December 201 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 detennine 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 10 of the Uniform Code of
Military Justice.

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



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

FOR OFFICIAL USE ONLY



FOR OFFICIAL use ONLY 29344

From: Fein, Ashden CPT USA SJA

sent: Tuesday. December 06. 2011 9:42 AM

To: 2

cc: Mon'ow JoDean, CPT USA Overgaard, Angel M. CPT USA

Ford, Arthur D. W01 USA 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

Message--?-?

From

Sent: Monday, December 65, 2011 7:52 PM

Io:



Subject: 5 DEC 11- SITREP OPLAN Bravo (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOU0

1

FOR OFFICIAL USE ONLY



29345

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

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

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

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

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

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

1. Front cover and inside front cover (chronology
sheet) of DD Form 490.
2. Judge advocate's review pursuant to Article
64(a), if any.
3. Request of accused for appellate defense
counsel, or waiver/withdrawal of appellate rights,
if applicable.
4. Briefs of counsel submitted after trial, if any
(Article 38(c)).
5. DD Form 494, "Court-Martial Data Sheet."

9. DD Form 458, "Charge Sheet" (unless included
at the point of arraignment in the record).
10. Congressional inquiries and replies, if any.
11. DD Form 457, "Investigating Officer's Report,"
pursuant to Article 32, if such investigation was
conducted, followed by any other papers which
accompanied the charges when referred for trial,
unless included in the record of trial proper.

14. Records of former trials.
15. Record of trial in the following order:
a. Errata sheet, if any.
b. Index sheet with reverse side containing
receipt of accused or defense counsel for copy of
record or certificate in lieu of receipt.
c. Record of proceedings in court, including
Article 39(a) sessions, if any.
d. Authentication sheet, followed by certificate
of correction, if any.
e. Action of convening authority and, if appropriate, action of officer exercising general courtmartial jurisdiction.
f. Exhibits admitted in evidence.

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

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

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

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

DD FORM 490, MAY 2000

Inside of Back Cover

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