Title: Volume FOIA 092

Release Date: 2014-03-20

Text: 29678

Volume 92 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

29679



Quamioo. VA 22 I 34

BRIG FAX:

Defense__Unclass_Email_O009



0221 5949
29680







From. Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel
Sent: Tuesday, August 3. 2010 1:50 PM

To: Rose, Luke CPT USD-C SJA Chief, Military Justice
Cc: Fein, Ashden CPT USA SJA

Eaton, Michael L. CPT USD-C Officer
Hurley, Thomas MAJ MIL USA OTJ AG

Subject: RE: US v. Manning (UNCLASSIFIED)





CPT Bouchatd

CPT Paul Bouchard

Senior Defense Counsel

(3unpIJbcn?.han

DSN:

Svoip:

Defense_UncIass_Emai|_O01O

02221964 Previously Submitted in End 77
Previously in End 1

Sweda. Michael Dr CIV USA MEDCOM WRAMC

mm:

Sent: Wednesday, August 4, 2010 12:10 PM
To: ein, Ashden CPT USA SJ A
Cc: Hurley, Thomas MAJ MIL USA

Eaton, Michael CPT USF-I SJ A Trial Defense

Ammev

Subject: RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)

Classification: UNCLASSIFIED
Cavcals: NONE
Sit

Will the sanity board members require any level of security clearance
for this?

v/r.

Smada. ABPP (Forensic)

Board-Certified Forensic

Chief. Forec Service

Diicctor. Forensic Ps_vcholog5 Fellowship Walter Reed Army Medical






usmes blackberry)
(personal mobile)

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

Defense_UncIass_Email_001 1



02872799 Previously Submitted in Encl 77

Previously in Encl 1


From: Fein, Ashden CPT USA SJA
8ont: Wednesday, August 04, 2010 12:15 PM
To: Suede, Michael Dr CIV USA MEDCOM WRAMC
Cc: Huney. Thomas MAJ MIL USA OTJAG Eaton. Michael

CPT SJ A Tn'aI Defense Attorney omow, JoDean


Subject: RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)
Sir,

I do not foresee the need; however I rather defer that answer to MAJ Hurley and the defense
team. There is one caveat. A current protective order is in place and it does not authorize
the disclosure of any of the classified information related to this case without affirmative
authorization. So if there ends up being a need, although doubtful, then the Government will
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 (MDH)
COMM: (DSN 325)
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_0O12

02881938 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, August 04, 2010 2:48 PM

To: 'Annanza,Paur

Cc: ?Morrow, JoDean CPT MIL ?Haberland, John CPT MIL Zimmerman, Sara J. SGT



USA JFHQ- ?Hurley, Thomas MAJ MIL USA
aton, IC ael CPT USF-I SJ A Trial
Defense omey; ry, aro yn Egan, Michael CIV

SJA

Subject: Article 32 Appointment (PFC Manning)
Attachments: Art 32 Appointment Memo (ManningB).pdf; Charge Sheet (ManningB).pdf; ERB
(ManningB).pdf
hnponance:

LTC Almanza,

Good afternoon. The Garrison Commander, Joint Base Myer-Henderson Hall
appointed you the Article 32 Investigating Officer in the case of
PFC Manning. Attached are your appointment orders, the current charge
sheet, and an ERB. Below is a list of the key members of the Government and
Defense teams, along with your support staff and everyone is on this email.
This list is still fluid and will likely change, to include security
officers. Because of the sensitive nature of this case, I request that we
limit the email list to these persons, until more formal "teams" are
established.

Government Counsel

CPT Ashden Fein (OIC)
CPT Joe Morrow (TC)

CPT John Haberland (TC)
CPT Luke Rose (TC-Iraq)

Defense

CPT Paul Bouchard
CPT Michael Eaton (DC?Iraq)
MAJ Thomas Hurley (DC-Local)

Justice Staff
SGT Sara Zimmerman (27D-MDW)
Mrs. Carolyn Autry (Senior Paralegal-MDW)

Legal Advisor
Mr. Mike Egan

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington

com: (osm 325)

Defense__Unclass_Email_001 3

02881938 Previously Submitted in End 79
Previously in Encl 1

CELL:
NIPR:
SIPR:



Tracking:

Defense_Unclass_Emai|_001 3

02219544 Previously Submitted in End 79

29685

mm: mm Paul






Sent: Wednesday, August 4, 2010 6: ll PM

To: Fein, Ashden CPT USA SJA

Cc: Morrow, .loDean CPT MIL USA Haberland. John CPT
MIL USA Zimmerman Sara J. SGT USA JFI-IQ-
SJA

Hurley, Thomas MAJ MIL USA OTJAG




Eaton,




Michael CPT USF-I A Trial Defense Attorney

Autxy, Carolyn Ms CIV SJA
Egan, Michael CIV SJA






Subject: RE: Article 32 Appointment (PFC Manning)



Thank you. Just to make you all aware. CPT Fcin and I briefly spoke
yesterday about my to be appointed as the 10 and exchanged
contact infonnation

I'll touch base with Mr. Egan tomorrow and to be in louch
tomomow more substantively.

Thanks.



LTC Almama
I)
Ic)

Defense_Unc|ass_EmaiI_0O14

02216961 Previously Submitted in Encl 77
Previously 9d in Encl 1




From: Huriey, Thomas mu Mn. USA omc
Sent: Thursday. August 05. 2010 2:24 PM
To: Fein, Ashden CPT USA Swede. Michael Dr CIV USA MEDCOM

cc: Eaton, Michael CPT USF-I SJ A Trial Defense
Atto Monow. JoDean CPT MIL USA
subject: RE: RC Order annino) (UNCLASSIFIED)
signed av: DI

Classification: UNCLASSIFIED
Caveats: NONE

Dr . Sweda/CPT Fein

There is no need for the members of the board to have a security clearance.
I will speak with PFC Manning tomorrow about the board and ensure that his
answers to your questions do not include any classified information. If he
feels he must disclose classified information, then he will let you know
that there is more that he wants to say but cannot. CPT Fein and I will
then seek an exception to the current order.

v/r
Thomas F. Hurley
MAJ, JA

-

Defense_Unclass_Email_001 5



02216960

29687
From: Huney, Thomas MAJ MIL USA OTJAG
Sent: Thursday, August 05, 2010 7:49 PM
To: Fein, Ashden CPT USA SJA
Cc: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel; Eaton, Michael

CPT USF-I SJ A Trial Defense Attorney

Subject: 706 Board Results in US v. Manning (UNCLASSIFIED)
signed By:

Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein

would you have an objection to allowing me (or whoever the stateside DC is
at the time) the opportunity to view both the "government" results as well
as the "defense" results prior to the I just want to avoid the
accidental disclosure of "defense" information in the "government" report.
I would be happy to have a minimal amount of time to make an objection (36
minutes would suffice). I've seen it happen before, and I just want to
avoid any problems.

Thanks.

Thomas F. Hurley

MAJ, JA

Acting Chief, US Army Defense Counsel Assistance Program
(work email)




(iPhone email)
(office)

(cell)

(fax)




Classification: UNCLASSIFIED
Caveats: NONE

Defense_Unclass_EmaiI_0016

02882242
29688

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Friday, August 06. 2010 7:35 AM

To: Huriey. Thomas MAJ MIL USA OTJAG

Cc: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel; Eaton, Michael

CPT USF-I SJ A Trial Defense Attomey; Habenand, John CPT MIL Rose, Luke CPT
SJA Chief, Military Justice; Momow. JoDean CPT MIL USA
Subject: RE: 706 Board Results in US v. Manning (UNCLASSIFIED)

Sir,
The Government does not have an objection; however if the defense ends up objecting, the

Government would like to be notified of the objection to the Government Results and why the
objection (generalities only).

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Amy Military District of Washington (MN)
COMM: (DSN 325)
CELL:
NIPR:
SIPR:



Defense_Unc|ass_EmaiI_0O17

02221960

Previously Submitted in End 77

Previously in Encl 1

Swedtt. Michael Dr CIV USA MEDCOM WRAMC

mm:

Sent: Friday, August 6. 20l0 3:04 PM

To: Hurley, Thomas MAJ MIL USA OTJAG
Fein, Ashden CPT USA SJ A

al Defense









Cc: Eaton, Michael CPT USF-I A Tri
Morrow,
JoDean CPT MIL USA Lange. Christopher LTC
MIL USA MEDCOM WRAMC Montalbano. Paul
Dr CIV USA Malone, Ricky COL MIL USA
MEDCOM WRAMC
Subject: RE: RC 706 Order (PFC Manning) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

CPT Fein:
1 have corsulted with LTC Christopher Lange. who is my courlerpan as

Director of the Forensic Fellowship. regarding the Matming
case. We are in the process of assembling a team for the evaluation.

- and expect the direct evaluation piece (irnerview and testing) of this

to be completed in two weeks. Generally. we ask for at lest a si\' week
suspense date for completion of a 706 report. In the case of PFC
Manning. we would like to request a three month suspense from the date
that he is first seen. to allow for a thorough evaluation

Please feel free to call or e-mail if you have any questiom.

v/ r.

Michael Swcda. ABPP (Forensic)

Board~Certif'ted Forensic

Chief. Forensic Service

Director. Forensic Fellowship Walter Reed Army Medical Cemer



(fax)
(business blackberry)
(personal mobile)

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

Defense_Unclass_Email_O018

Previously Submitted in Encl 79
29690

0221 9543

Fr?m= Almanza? Pau1?>

Sent: Friday, August 6, 2010 5:30 PM

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







Eaton, Michael CPT USF-I SJ A Tiial Defense
Haberland, John CPT MIL USA
Hurley, Thomas MAJ






MIL USA OTJAG

Cc: Zimmerman, Sara]. SGT USA JFHQ- SJA
Autty, Carolyn Ms CIV JFHQ-

NC DW SJA Egan, Michael CIV JFHQ-

SJA
Subject: Article 32 (PFC Manning)
Counsel -

I anticipate getting the noti?cation memo out early next week, and
tentatively plan to set a hearing for the morning of August 13. within
the ten day period speci?ed by my appointment orders.

Should you be considering requesting a delay, please consider this email
a head's up.

LTC Almanza

Defense_UncIass_EmaiI_O019



0221 5946
29691

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

mu"

Sent: Satunday, August 7, 2010 9:37 AM

To: Fein, Ashden CPT USA SJA
Subject: US v. Manning

Ashden:

Luke Rose had approaclnd me this past week to discuss the Manning case. I was expecting an offer from him. but he walled an
offer from us. First step of course is the 706. CPT Rose wants my clicrt. Manning. to be cooperative with law enforcement. meaning

D01.
Hy.1aotlnticalI_v. if Manning were to plea guilty. what would the Govemment olfer for a sentence??
Just curious.

Thanks.
Paul

Paul Bouchard
Senior Defense Counsel
Canp Libertv. [rm
DSN: 7
Svoip:

Defense_Unclass_EmaiI_0020

29692

From: Fein, Ashden CPT USA SJA
Sent: Saturday, August 07, 2010 9:50 AM

To:

Subject: 9: v. anmng

Paul. Luke will be here by nonday so we can figure out the details and meet with dog] to see
what the impetus is behind the govt being so fast to offer a deal. Deals are always on the
table except in rare circumstances and nothing about this case leads me to believe that one
couldn't happen here. My biggest concern is to get the 796 complete. Did you see the email
from the docs. what are your thoughts.

Ashden Fein

CPT, JA
Chief, Military Justice

-i E33

Defense_Unc|ass_Email_0021

0221 5943
29693

From Bouchard. Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel

Sent: Saturday, August 7, 2010 9:51 AM

To: Fein, Ashden CPT USA S1 A

Subject: RE: US v. Manning

Thanks Ashden:

I did see the e-mail from the docs. My reaction is: three months for a 706 is a long time. I thoroughness. but that's a long
time.

I look forward to heating flom you and Luke.

Thanks.

Paul

CPT Paul Boucham
Senior Defeme Counsel
Canp Iran
DSN:
Svoip:




Defense_Unclass_Email_0O22




02872810 Previously Submitted in End 77
29694

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Sunday, August 08. 2010 8:54 PM

To: Swede, Michael Dr CIV USA MEDCOM Huney, Thomas MAJ MIL USA
OTJAG

cc: Eaton, Michael CPT USF-I SJ A Tnal Defense

omey: Morrow. JoDean CPT MIL Lange. Christopher

LTC MIL ontalbano. PauI Dr CIV Malone. Ricky COL
MIL USA MEDCOM I-labenand, John CPT MIL USA

Subject: RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)

Sir,

Thank you. The United States and the Defense counsel will discuss your request with each

other over the next few days.

He will likely have more questions of you before taking this

request to the Convening Authority.

v/r
CPT Fein

Ashden Fein
CPT, JA

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

CON:
CELL:
NIPR:
SIPR:

Defense_Unc|ass_EmaiI_0023

DSN 325)





02874426
Previously in Encl 1

From: Fein, Ashden CPT USA SJA
Sent: Sunday, August 08, 2010 8:57 PM

To: Morrow, JoDean CPT MIL Eaton. Michael CPT
USF-I SJ A Trial Defense Attorney; a an
Hudey, Thomas MAJ MIL USA OTJAG
Subject: anning

Gentlemen,

Although email addresses are going to be changing in the near future, please ensure all
emails to Government counsel include Fein, Morrow, Haberland, and Rose. I am going to try to
setup a generic account that will allow all emails to funnel to each of us with one address.

This week, all government counsel (including Rose) will be at MDH.

In the next two days, I would like to discuss, at a minimum, the following issues:

1. Dr. Sweda's request for three months to complete the RCM 706.

2. Any additional requirements the defense has for the Sanity Board (re: MAJ Hurley phone
conversation with me last week), so that we can get those Possible defense "objections" or "requests" to/for the Classified Information
Protective Order (re: MAJ Hurley phone conversation with me last week).

4. A renewed defense delay for the Art 32, in light of the deployed counsel not being

present and the original request to delay the Art 32 until the completion of the RCM 706 (re:
MAJ Hurley phone conversation last week and IQ defense counsel discussions with Roseanswer on potential delays so he can officially set the date and time
for the Art 32.

S. Defense's request for a "number" to start negotiating a potential deal.

Of course we are always available to chat. Once we get settled in our new offices and get
the POC information hammered out, I will publish a Government POC list for you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MOW)
COMM:
CELL:
NIPR:
SIPR:



Defense_Unc|ass_Email_0O24

02881068
29696

From: Fein, Ashden CPT USA SJA
Sent: Monday, August 09, 2010 2:25 PM

To: Hudey, Thomas MAJ MIL USA OTJAG
Subject: Chat

Sin,

Are you available to chat? Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (Mow)
-3 -

CELL:

NIPR:

SIPR:

Defense_UncIass_Emai|_0025

02216958
29697


From: Hudey. Thomas MAJ um USA omc-:

sent: Monday, August 09, 2010 2:27 PM

To: Fein, Ashden CPT USA SJA

subject: RE: Chat (UNCLASSIFIED)

sinned 8v= TI

Classification: UNCLASSIFIED

Caveats: NONE

CPT Fein

Here's my credit information.
v/r

Thomas F. Hurley
MAJ, JA

(o++1ce)
2

Defense_U nc|ass_Emai|_0O26

0287442
Previously in Encl 1

From: Fein. Ashden CPT USA SJA
Sent: Monday, August 09. 2010 10:34 PM
To: Fein. Ashden CPT USA ?Morrow. Jooean CPT MIL

Eaton. Michael CPT USF-I SJ A Tn?aI Defense
ttomey; a a . Hurley, Thomas

subject: RE: PFC Manning

MAJ Hurley,

Below recaps our conversation earlier in reference to our previous email:

1. The Defense will decide by tonight whether they plan on requesting
additional tests or focuses for the RCM 706.

2. The Defense agrees that the Sanity Board should be given a suspense
of 6 weeks to fully complete their evaluation and the United States will
recommend to the to extend the suspense to 6 weeks from the date of
the action (in the next few days). The United States will also reconmend to
the that he specify that the Sanity Board may request more time, but
only after consulting the Defense and United States and submitting the
extension request in writing. The Defense and United States agreed that it
is unneeded to ask/recommend the to order the Sanity Board to release
the prosecution's results to the Defense prior to release to the United
States; however the defense agreed that any objection will be relayed to the
United States with an explanation of the objection.

3. The Defense will submit an additional delay for the Art 32 to be

held after the Sanity Board is complete. The defense will do this by C08
tomorrow so that the Art 32 I0 will know that he will need to reschedule the
Art 32 after the acts on the defense delay.

4. The Defense will submit to the United States any "objections" or
'requests' to/for the Classified Information Protective Order NLT Friday (13
Aug 10).

CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Nashington (MDN)
CON: 3 (DSN 325)

CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_0O27



02881964 Previously Submitted in Encl 79
. Previously in Encl 1

From: Fein. Ashden CPT USA SJA
Sent: Monday. August 09. 2010 10:37 PM
To: Almanza, Paul; Monow, JoDean CPT MIL USA Eaton,

Michael CPT USF-I SJ A Trial Defense Attorney; Habenand. John CPT MIL
Huney. Thomas MAJ MIL USA OTJAG

Cc: mmennan. are . USA JFHQ- SJA: Autry. Carolyn Ms CIV JFHQ-
NCRIMDW Egan. Michael CIV SJA
Subject: RE: Anicle 32 (PFC Manning)
Sir,

The United States and Defense spoke today and we anticipate a delay request
to be submitted to the in the next few days, which will effectively
push the Art 32 to the right.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MDH)
COMM: (DSN 325)

CELL:
NIPR:
SIPR:



Defense__UncIass_EmaiI_0028

02216953 Previously Submitted in Encl 77
Previously in Encl 1

From: Huney, Thomas mu MIL USA oms
sent: Tuesday. August 10, 2010 10:07 AM

To: Swede, Michael Dr CIV USA MEDCOM WRAMC

cc: Fein, Ashden CPT USA Bouchani, Paul R. CPT USD-C DSTB CO

TDS Sr Defense Counsel; Eaton, Michael CPT USF-I SJ A Trial Defense Attorney

subject: RE: RCM 706 Onier (PFC Mannina) (UNCLASSIFIED)

?HgnodlBy:

Classification: UNCLASSIFIED
Caveats: NONE

Dr . Sweda

I am one of PFC Manning's defense counsel. I know we all (the attorneys for
both parties) appreciate your prompt attention to this matter, and I know
that we all 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 initial six week suspense. If, 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 for an extension that estimates the
time required to complete the process.

PFC Manning is in pre-trial confinement, and we want to get his case
referred to trial sooner rather than later.

On a substantive note, we believe the order signed by COL Coffman is
sufficient for the charges now preferred. There are no other additional
questions we want you to answer in the course of completing this matter.

Thanks.
v/r

Thomas F. Hurley
MAJ, JA

. (cell)

Defense_UncIass_EmaiI_0029





0221 6950

Previously Sugoailted in Encl 1

From: Hudey. Thomas MAJ MIL USA OTJAG
Sent: Tuesday, August 10, 2010 10:11 AM
To: Fain, Ashden CPT USA Morrow, JoDean CPT MIL
Eaton. Michael CPT USF-I SJ A Trial Defense
Attomey: Habedand. John cm? MIL USA
Subject: RE: PFC Manning (UNCLASSIFIED)
859006 By:

Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein

Your email below is a fair representation of what we discussed on the phone
yesterday. You can see from my email to Dr. Sweda that we are ?on board"
already with those matters discussed in paragraphs 1 and 2. I will get
those other matters to you IAN the tineline you described below.

Thanks.
v/r

Thomas F. Hurley
MAJ, JA

(cell)



Defense_Unclass_Emai|_O030



02216948
29702

From: Hur1ey.ThomasF MAJMIL USA oms?

sent: Tuesday. August 10. 2010 10:42 AM

To: Fein, Ashden CPT USA SJA
subject: RE: PFC Mannina (UNCLASSIFIED)
Suuwulay:

Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein

The two letter abbreviation for Iraq is 12, not IQ. that's in a reg
someplace (maybe one of the travel ones). (I would go with or
'downrange' if I were to try to describe someone's location over this
system. I wouldn't want you putting their lives in danger by divulging
their location.)

I told CPTs Bouchard and Eaton that I was "lead counsel for now,? and they
made no objection. So, I an lead counsel for now with "for now? meaning
through the 706 board and up to the Article 32 investigation. (My TDS
bosses have nade no final decision as to who PFC Manning's detailed defense
counsel will be, but I anticipate that decision to come prior to the Article
32 in this case.) Also, you can consider the defense request you described
in paragraph 5 withdrawn. If you guys have a ?sweetheart? deal you want to
give in this case, I'm all ears. However, I'm going to wait until the
sanity board is finished before I convey it to PFC Manning provided there is
no reason for me not to wait.

we (the defense) requested the board because we've got some concerns about
our client that need to be addressed. It's only after we're reasonably
medically certain that he is capable of assisting in his own defense that we
will have those kinds of substantive talks.

I didn't want to send this to everyone because I didn't want to sound like a
dick (probably too late), but I wanted you to get answers to all of your
questions listed below. I copied your Sunday message into this one for a
reference.

Thanks.

v/r
Thomas F. Hurley
MAJ, JA



(cell)

Defense_UncIass_EmaiI_0031

02873417
29703

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, August 10. 2010 10:51 AM

To: Hudey. Thomas MAJ MIL USA OTJAG
Subject: RE: PFC Manning (UNCLASSIFIED)

Thanks sir. good and I was actually talking about the level of IQ
Manning must have with such a high GT score despite being deployed in IZ in
the CENTCGI1 AOR and downnange.

Thanks.

Ashden Fein

cpr, JA

Chief, Military Justice

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



Defense_U nc|ass_EmaiI_0032



02221 954

From:

Sent:
To:
Cc:

Subject:

Previously Sn mitted in Encl 77
Previously in Encl 1

Sweda, Michael Dr IV USA MEDCOM WRAMC

Tuesday. August 10. 2010 ll:O0 AM

Hurley. Thomas MAJ USA OTJAG

Fein, Ashden CPT USA IF
Eaton. Michael CPT USF-I SJ A Trial Defense


Attorney Lange, Christopher LTC MIL USA
MEDCOM WRAM Benesh, Samantha CPT

MIL USA MEDCOM MAMC Hemphill, Marla


LTC MIL USA MEDCOM BAMC
RE: RCM 706 Order (PFC Manning) (UNCLASSIFIED)

Classificatiorr UNCLASSIFIED

Caveats: NONE
MAJ Hurley:

We will proceed with this plan in mind (initial 6 week suspense date).

It is therefore likely that we will need at and will so

request along with an estimated time to completion if/when needed
Please note thin due to scheduling conflicts. we uill begin evaluation

on 27 August. Please provide all standard relevant documents relates to
706 evaluations. repon of criminal investigation. menial
health/medical records. ERB. etc. This may be sent by courier (FedEx or

similar service) to:

Michael Sweda. Chief. Forensic Service
Walter Reed Army Medical Cemer

6900 Georgia Avenue NW

6 (Borden Pavilion). 3rd Floor

Washington DC 20307

v/r.

Miclnel Sweda. ABPP (Foremic)
Board-Certi?ed Forensic Pwchologist
Chief. Forec Service






Director. Forensic Fellowship Walter Reed Army Medical Center

(business blackberry)
(personal mobile)

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

Defense_U nc|ass_Emai|_0033

Previously Submitted in Encl 79
















02219541
29705

From Almanza? Paul
Sent: Tuesday, August 10, 2010 1:09 PM
To: Fein, Ashden CPT USA SJA

Morrow, JoDean CPT MIL USA

Eaton, Mic ael CPT USF-I S1 A Trial Defense
Haberland. John CPT MIL USA
Hurley, Thomas MAJ

MIL USA OTJ AG

Cc: Zimmerman, Sara J. SGT USA JFHQ- SJ A
Autly. Carolyn Ms CIV JFHQ-

SJA Egan. Michael CIV IFHQ-

SJA
Subject: RE: Article 32 (PFC Manning)
CPT Fein -

Thanks for the update. Please keep me posted.

L'I?CAlmarm

Defense_Unclass_E_mai|_0O34

02673420
29706

From: Fein, Ashden CPT USA SJA
Sent: Tuesday. August 10. 2010 10:19 PM
To: Hurley. Thomas MAJ MIL USA Morrow. JoDean CPT MIL

Eaton, Michael CPT USF-I SJ A Tn'al Defense
Attorney; Haberland, John CPT MIL
Subject: RE: PFC Manning (UNCLASSIFIED)

Sir,

Thank you for such a quick reply. Please send the Art 32 delay request so
that we may get it and the RCM 706 delay request to the for action.
Thank you again.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MDH)
COMM: (DSN 325)

CELL:
NIPR:
SIPR:



Defense_UncIass_Email_0035

02216944
Previously in Encl 1


From: Huney, Thomas MAJ MIL USA



Sent: Wednesday. August 11. 2010 9:27 AM

To: Fein, Ashden CPT USA SJA

Subject: FW: Email Sent from Scanning Device (UNCLASSIFIED)
Attachments: document2010-08-11-092405.pdf



Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein

Here's the delay request.

V/r
Thomas F. Hurley
MAJ, JA

(office)
?em



Defense_Unclass_EmaiI_OO36

02878629
29708

A
From: Fain. Ashden CPT USA SJA
sent: Wednesday. August 11, 2010 9:31 AM
To: Huriey, Thomas MAJ MIL USA OTJAG
subject: RE: Email Sent fnom Scanning Device (UNCLASSIFIED)

Good to hook sir. Thanks.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of? Washington (How)
com: (osn 325)
CELL:
NIPR:
SIPR:



Defense_UncIass_Email_0O37

02881960

Cc:

Subject:
Attachments:

Sir,

The Defense submitted a Formal Delay request.

Previously Submitted in Encl 79
Previously SEBL/njigted in Encl 1

Fein, Asndon CPT USA SJA

Wednesday, August 11. 2010 9:34 AM

Almanza, Paul; Morrow, JoDean CPT MIL Eaton,
Michael CPT USF-I SJ A T?al Defense Attorney; 8 0

Huriey. Thomas MAJ MIL USA OTJAG
mmerman. ara . SA JFHQ- Autty. Carolyn Ms CIV JFHQ-

Egan, Michael CIV SJA

RE: Article 32 (PFC Manning)
Art 32 Defense Delay - 11 Aug 10 (ManningB).pdf

Do you have any objections or

comments before submitted to the

v/r
CPT Fein

Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of Hashington (HM)

COH4:
CELL:
NIPR:
SIPR:

DSN 325)





Defense_U ncIass_Emai|_O038

Previously Submitted in Encl 79
Previously in Encl 1



Armmvau-In

Sent? Wednesday, August I 1, 20l0 1:08 PM

To: Fein, Ashden CPT USA SJA

Cc: Zimmerman. Sara]. SGT USA JFHO- SJA
Autlv. Carolyn Ms CIV JFHQ-

Egan, Mnchael CIV JFHQ-
Morrow, JoDean CPT MIL






SJA
SJA
USA
Michael CPT USF-I A Trial Dc
Haberland, John CPT USA

Hurley, Thomas MAJ MIL USA OTJAG

Subject: RE: Article 32 (PFC Manning)








fense Attomey



Fcin -

Noobjcaions. As tcqucs is mc. submit an
endorsement recommending approval of the delay request.

Thanks.
LTC Almanza

Defense_UncIass_EmaiI_0039

02872802 Previously Submitted in Encl 77
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Thursday. August 12. 2010 8:11 PM

To: Sweda, Michael Dr CIV USA MEDCOM Hudey. Thomas MAJ MIL USA
OTJAG

cc: Eaton, Michael CPT USF-I s.1 A Trial Detense
omey: ange. 0 or MIL USA MEDCOM Benesh. Samantha

CPT MIL USA MEDCOM Hemphill. Marla LTC MIL USA MEDCOM BAMC

Subject: RE: RCM 706 Onder (PFC Manning) (UNCLASSIFIED)
Attachments: ROM 706 Extension - 12 Aug 10 (ManningB).pdf
Importance: High

or. Sweda,

The convening Authority approved your requested extension of time. Please
see attached memorandum.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (PDH)
CUM: (DSN 325)

CELL:
NIPR:
SIPR:



Defense_U ncIass_EmaiI_0040

02881955 Previously Submitted in Encl 79
Previously in Encl 1

From: Fain, Ashden CPT USA SJA

Sent: Thursday, August 12, 2010 8:13 PM

To: Almanza. Paul; Monow. JoDean cm MIL Eaton.

Michael CPT USF-I SJ Trial Defense Attorney; 8
Hurley, Thomas MAJ MIL USA OTJAG
Cc: mmerman. ra . SA JFHQ- Autry. Carolyn 0 Ms CIV JFHQ-
Egan. Michael CIV SJA

Subject: RE: Article 32 (PFC Manning)

Attachments: Art 32 Delay - 12 Aug 10 (ManningB).pdf

knponanoe:

Sir,

The convening Authority approved the defense delay of the Article 32

Investigation.

v/
CPT Fein

Ashden Fein
CPT, JA

Please see attached memorandum.

Chief, Military Justice
U.S. Amy Military District of Hashington (vow)

CON:
CELL:
NIPR:
SIPR:

Defense_U nc|ass_EmaiI_0O41



(osu 325)

02216943
Previously Su?grpiged in End 1

From: Hudey, Thomas MAJ um usA ome

Sent: Friday, August 13, 2010 4:56 PM

To: Fein, Ashden CPT USA SJA

Cc: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel; Eaton, Michael

CPT USF-I SJ A Trial Defense Attorney
Subject: US v. Manning (UNCLASSIFIED)
S?gnedl3y:

Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein

1. I told you on the phone today that I have not been detailed to represent
PFC Bradley Manning in his pending court-martial. COL Cremin, LTC Fleming,
and LTC Febbo will decide who will ultimately be detailed in this case. I
anticipate that a decision on that matter will be made in the coming week.

2. We agreed that any "objections" or "recommendations" that the defense
had to any potential Security Procedures memo signed by MG Horst would be
due today. I am not comfortable signing anything as a defense counsel in
this case (because I am not one any more), so I would request an extension
of time to make those "objections" or "recommendations" for a period of two
weeks. In that time, the new detailed counsel could offer whatever thought
necessary for the appropriate handling of classified matters. If MG Horst
doesn't want to wait (and her certainly doesn't have to), we would ask that
he consider the memo signed by CPT Bouchard on this topic. He submitted
that memo through PFC Mannings commanders and lawyers in the CENTCOM AOR.

3. Please email or call me with any questions.
Thanks.

Thomas F. Hurley

MAJ, JA

US Army Defense Counsel Assistance Pro ram
work email)



1Phone ema

Classification: UNCLASSIFIED
Caveats: NONE

Defense_U nc|ass_Email_0042



02068181

29m4


From: Fein, Ashden CPT USA SJA

sent: Ftiday, August 13. 2010 5:03 PM

To: Huriey. Thomas MAJ MIL USA OTJAG

cc: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel; Eaton. Michael

CPT USF-I SJ A Trial Defense Attorney; Morrow. JoDean CPT MIL

Subject: v. Manning (UNCLASSIFIED)

Sir,

I do not anticipate any changes to the protective order in the next few
weeks. Thank you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MDH)
COMM: (DSN 325)

CELL:
NIPR:
SIPR:



Defense_Unc|ass_Emai|_0043

02216940
29715

From: Huney, Thomas MAJ MIL USA OTJAG

sent: Friday. August 13. 2010 5:05 PM

To: Fain, Ashden CPT USA SJA

Cc: Bouchard, Paul R. CPT uso-c osra 8 co TDS Sr Defense Counsel; . Michael

CPT USF-I SJ A Trial Defense Attorney; Morrow. JoDean CPT MIL

Subject: v. Mannina (U CLASSIFIED)
Signed By:

Classification: UNCLASSIFIED
Caveats: NONE



All

Please Forgive the typo in my paragraph 2. I typed ?her? when I meant to
type Not cool.

I will pass along your email to my replacement.

Thanks.

v/r

Thomas F. Hurley

MAJ, JA

(office)

. (cell)

Defense_Unclass_EmaiI_0O44

02874425
29716

From: Fein. Ashden CPT USA SJA
Sent: Monday, August 23, 2010 7:25 AM

To: Kemkes, Matthew MAJ MIL USA

Subject: PFC Manning

Sir. It is my understanding you are detailed DC are you the lead DC or just 1oca1? so who does the Government contact for the case? Thanks.

Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

?3 2

NIPR:

SIPR:

Defense_Unc|ass_Emai|_0045

02872830 Previously Submitted in Encl 77

Previously in Encl 1
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Monday, August 23, 2010 2:55 PM
To: Sweda. Michael Dr CIV USA MEDCOM Kemkes, Matthew MAJ MIL USA
Cc: Eaton, Michael CPT USF-I SJ A The! Defense

Attorney; Morrow JoDean, CP USA Rose, Luke CPT USO-C
SJA Chief, Military Justice: Habedand. John CPT MIL USA

subject: RCM 706 (PFC Manning)
unponmnoe: limb
Dr. Sweda,

Thank you for the phone call. The purpose of this email is to document our conversation for
the Defense in this 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.

You called to ask what matters the Sanity Board may review during the inquiry. You
specifically asked whether there is a case file investigative files, witness statements,
Soldier records, medical records, and/or mental health records available for the Board. I
asked you to please send an email to the entire distribution with specific requests of the
documents the Board wants or needs for their inquiry.

I also briefly explained that although the Board asked for three months, the convening
authority only gave six weeks in order to reassess the Board's progress, and if the Board
requires more time then there will be an opportunity to justify the additional time to the
convening Authority. Defense and Government counsel will be given the opportunity to comment
on the request .

Thank you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington
COMM: (DSN 325)

CELL:
NIPR:
SIPR:



Defense_Unclass_EmaiI_0046

02221952 Previously Submitted in Encl 77
Previously in Encl 1

Fr?m=

Sent: Monday, August 23, 20lO 3:27 PM

To: Fein, Ashden CPT USA SJA
Matthew kemkes

Cc: l; Eaton, Michael CPT USF-I SJ A Trial Defense

Morrow Jo

Dean, CPT USA JFHQ-
SJA -




Subject: RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE



We are scheduled to begin our evaluation of PFC Manning this Friday 27
August. but have no records other than the 706 order and charge sheet.

We ordinarily ask for. mental health records (including inpatient
stays. if any), medical records (mn AHLTA. if any. as AHLTA can be
viewed on line). witness statements. a report of investigation

(to the extent that is available given the pre-Article 32 standing of

the case. or a summary of investigation to date). witness statements
military employment records. and any other relevam doeumems.

Please indicate wha will be made available and when.
Records may be sent by FedEx or similar courier to:

Dr. Mielnel Sweda

Chief. Walter Reed Foremic Service
Walter Reed Army Medical Center

6900 Georgia Aveme NW

6 (Borden Pavilion). Dept. 3rd Floor
Washington DC 20307

vlr.

Michael Swcda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Service

Direaot?. Forensic Fellowship Walter Reed Anny Medical erler





(fax)
(business blackberry)
- (personal mobile)

"The United States themselves are essemially the greatest poem.
Pm and presem and future are not disjoined but joined."

Defense_Unclass_Email_0O47

02206287

From:

Sent:
To:

Cc:

Subject:

29719

Morrow JoDean. CPT USA SJA

Tuesday, August 24, 2010 8:43 AM

Eaton, Michael CPT USF-I SJ A Trial Defense
Attorney Matthew kemkes


Fein, Ashden CPT USA SJA


FW: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO



See below. Can you help Dr. Sweda get copies of Manning's medical records/mental health records? Thanks. I believe he was going
to start his evaluation on 27 August.

CPT Joe Monow
Trial COIIDSCI
US Amy Military Dis1ric1 of Wmhinglon



Phone:

Defense_Unclass_Email_0048

02216938
29720

From: Kernkes. Matthew MAJ MIL USA
Sent: Tuesday, Augusl 24. 2010 2:29 PM

To: Fein. Ashden CPT USA SJA

subject: RE: PFC Manning (UNCLASSIFIED)

categories: Blue Category

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,

I'm detailed, but still working out roles. Feel free to contact me about the case.

Respectfully,

MAJ Kenkes

Defense_U nclass_Emai|_OO49

02215940 Previously Submitted in End 77
Previously in Encl 1

From:
Sent: Wednesday, August 25, 2010 10:27 AM

To: Fein, Ashden cm USA sm

Cc: Matthew kemkes Paul Bouchard

?4 Mime? 581?"
i;

Subject: Defense Expert Request - 706 Board
Attach: Manning - Expert
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 week. 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 of the 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 Street, 5th Floor
Fall River, MA 02720

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508) 324-9896


ww il fn .

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

Defense_U nclass_Email_0050

02879508
29722

From: Fein, Ashden CPT USA SJA

sent: Wednesday. August 25, 2010 10:51 AM

To:

Cc: Matthew kemkes; Paul Bouchard; Michaei Eaton; Morrow JoDean. CPT USA JFHQ-
Habedand, John CPT MIL Rose, Luke CPT USD-C SJA Chief,
Military Justice

Subject: RE: Defense Expen Request - 706 Board

Mr. Coombs,

Thank you For the email. The United States will start processing this request
immediately. I deleted Dr. Sweda From this email and added the remainder of
the prosecution team (CPT Joe Morrow, CPT Luke Rose, and CPT John Haberland).
Please send all future emails to the entire Prosecution team.

After this email, I will reply with Dr. Sweda included and outline that we
will go to the convening Authority with your delay request and start
processing the overall request for a medical expert.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDH)
COMM: I3 (DSN 325)
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_0051

02216937
29723

From: Eaton, Michael L. uso-c omcer?

Sent: Wednesday, August 25, 2010 10:51 AM
To: Fein, Ashden CPT USA A
Subject: Out of Office: Defense Expert Request - 706 Board

Effective 30 May 2010, I am transferred to the Camp Victory Field Office and will not be receiving e-mail regularly at this e-mail
address. Please e-mail me at until further notice.

Thank you.
Very respectfully,
Mike Eaton

CPT, JA
Trial Defense Counsel

Defense_Unc|ass_EmaiI_0052

02879505

Fnmn:
Sent:
To:
Cc:

sunpn:

Mr. Coombs- Acknowledged.

immediately.

Previously Submitted in Encl 77
Previously ?n?9314't'ted in Encl 1

Fain, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, August 25, 2010 10:53 AM



Matthew kemkes; Paul Bouchard; Michael Eat
Morrow JoDean. CPT USA a a
Rose. Luke CPT USD-C SJA Chief. Military Justice

RE: Defense Expert Request - 706 Board

The United States will process the defense request

Dr. Sweda- The prosecution will present the delay request to the convening
authority in the next 24 hours (assuming he is available) and have an answer
on whether the RCM 706 Board is delayed or not.

v/r
CPT Fein

Ashden Fein
CPT, JA

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

COMM: 3
CELL:
NIPR:
SIPR:

Defense_Unciass_Emai|_0O53



02215934
29725






From:

Sent: Wednesday. August 25, 20l0 10:55 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Paul Bouchard

Michael Eaton
11] oDean CPT USA SJA
Haberland.John CPT MIL USA
Rose,Luke CPT USD-C SJA Chief.Military Justice

Subject: RE: Defense Expert Request - 706 Board

CPT Fein,

Thank you for your prompt action on this request.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674-6006

Fax: (508) 324-9896


Notice: lhis 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

Defense_Unc|ass_Emai|_0054

02221950

From:
Sent:
To:

Cc:

Subject:

Previously Submitted in Encl 77
Previously in Encl 1

Thursday. August 26, 2010 7:06 AM

Fein, Ashden CPT USA SJA

Matthew kemkes

Eaton, Michael CPT USF-I SJ A Trial Defense


Attorney Morrow JoDean, CPT USA JFHQ-

SJA
coombs@am1ycourtmartialdef e.com;




RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: NONE

ALCON:

We will meet tomorrow (27 Aug) with PFC Mamiing to begin our evaluation
Thus far. we have no documentation but can begin with certain apects of
the evaluation even in absence of this.

I wanted to double check to oonfum tlut there are no security issues
about our imcnricw. and that we can handle notes in the umal manner.

Miclnel Sweda



Chief. WRAMCC Forensic Service

(Mobile)

Defense_Unclass_Email_0055

02215931 Previously Submitted in Encl 77
Previously S?i5>7r39rted in Encl 1

From_ Bouchard, Paul R. CPT USD-C DSTB TDS Sr Defense Counsel

Sent: Thursday, August 26. 2010 7:22 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Eaton, Michael L. PT USD-C
O?icer --





Subject: RE: Defense Expert Request - 706 Board
Attach: Manning - Expert
Dr. Sweda

The lead attomey for PFC Manning is Mr. David Coomhs (1 lis e?mail address is on the cc line. and please read the below e-mail).
Yesterday, the Defense respectfully requested that an additional doctor one on the defense team -- be appointed for purposes of the
706. (See e-mail attachment).

Moreover. given recent discussions with our client. we now have secunty concerns as they pertain to the 706.

With that, we request that the 706 he pushed back until these issues/requests are resolved.

Respectfully.
Cl? 1? Bouchard

CPT Paul Bouehard
Senior Defense Counsel
Camp Liberty. Iraq
DSN

Svoip

Defense_UncIass_EmaiI_0056

02872828 Previously Submitted in Encl 77
Previously Syggiiged in Encl 1






From: Fein, Ashden CPT USA SJA
sent: Thutsdav. August 26. 2010 8:34 AM
To: Matthew kemkes
Cc: aton, Michael CPT USF-I SJ A Trial Defense
Attomev: Morrow ean, USA



Subject: Re: RCM 706 (PFC Manning) (UNCLASSIFIED)

Dr. Swede. As of late last night, the convening authority granted the defense delay until the
GCMCA takes action on the expert request. The formal documentation will be sent later this
morning. Vr. CPT Fein

Ashden Fein

cpr, JA
Chief, Military Justice

$33

Defense_Unclass_EmaiI_0057

02879522
Previously S?gxfagted in Encl 1








From: Fein. Ashden CPT USA SJA
Sent: Thursday. August 26. 2010 8:39 AM
To:
Cc: .
'coombs@armyco . Morrow JoDean,
CPT USA SJA:
subject: Re: Defense Expert Request - 706

Mr. Coonbs, et a1, please outline your client's security concerns so that the United States
may take appropriate action. This is the first we have heard of these security concerns.

Also please try to include all government counsel on your emails. Thank you.

(PT Fein

Ashden Fein

CPT, JA

Chief, Military Justice
-
- (C)

Defense_Unc|ass_Email_0058

0221 5926
29730







From:

Sent: Thursday. August 26, 2010 9:20 AM

To: Fein, Ashden CPT USA SJA

Cc:

. Morrow JoDean. CPI USA SJ A

Subject: RE: Defense Expert Request - 706 Board

Attach: Classifed Info - R.C.M. 706.pdf

CPT Fein,

Please see that attached motion. Also, I would like to arrange a time to speak to you today if you are
available.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this

information may be unlawful and is

Defense_Unclass_EmaiI_0059

02879511
29731

From: Fein, Ashden CPT USA SJA
Sent: Thutsday. August 26. 2010 9:29 AM
To:





Cc: Matthew kemkes; Morrow
HI. JoDean. CPT USA
subject: Re: De ense pen equest - Boand

Sir. If possible can we chat tomorrow, because I am attending a funeral. If not then Joe
Morrow can chat today.

Ashden Fein

CPT, JA
Chief?, Military Justice

(C)
-

Defense_U nc|ass_Email_0O6O

29732





From:

Sent: Thursday, August 26, 2010 9:35 AM

To: Fein, Ashden CPT USA SJA

Cc:

. Morrow JoDean. CPT USA SJA

Subject: RE: Defense Expert Request - 706 Board

CPT Fein,

Of course, just let me know what time tomorrow works for you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896
mm


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 prohibited!"

Defense_Unc|ass_Email_0061

Previously Submitted in Encl 77





02221947
Previously in Encl 1

From:
Sent: Thursday, August 26, 2010 1:44 AM
To: Fein, Ashden CPT USA SJA

Matthew kemkes
Cc: Eaton, Michael CPT A Trial Defense

Morrow Jopean, CPT USA JFHQ-
. coom armycourtmarti ensecom;
I

Subject: RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir.

I just wanted to make sure that I am tlacking on this. This means that
we will need to reschedule our first evaluation session for a liner
date?

v/r.

Michael Sweda. ABPP (Forensic)

Boatd-Ceni?ed Fotensic

Chief. Forensic Service

Director. Foleisic Fellowship Walter Reed Anny Medical Center

(fax)
(business blackberry)
(petsonal mobile)



?The United States themselves are essentially the greatest poem.
Pm: and and future are not disjoined but joined.?

Defense_Unclass_EmaiI_0O62

02872825

Previously Submitted in End 77
Previously in Encl 1

From:

To:
Cc:

Subject:

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Thursday. August 28. 2010 11:55 AM






Matthew kemkes

Attornev: Morrow Ill. JoDean. CPT USA

Re: RCM 706 (PFC Manning) (UNCLASSIFIED)

Dr. Sweda. Yes, please reschedule and please wait to reschedule until we get back to you in
the near Future. Vr. CPT Fein

Ashden Fein
CPT, JA

Chie*F, Military Justice



(C)
-

Defense_Unc|ass_EmaiI_0063

02221943

From:
Sent:
To:

Cc:

Subject:

Previously Submitted in Encl 77
29735

Thursday, August 26, 2010 12:03 PM

Fein, Ashden CPT USA SJA

Matthew kemkes

Eaton, Michael CPT A Trial Defense
Morrow Ill, JoDean, CPT USA






.

RE: RCM 706 (PFC Manning) (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

CPT Fein:

No problem We will wait until we have a go from you to reschedule.

v/ r.

Sweda. ABPP(Fo1cmic)
Board-Certi?ed Forensic
Chief. Fomsic Service



Direcior. Forensic Fellowship Walter Reed Army Medical Cemcr

(fax)
(bmimss blackberry)
(personal mobile)

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

Defense_UncIass_Email_O064

02206252

From:

Sent:
To:

Cc:

Subject:

Attach:

Previously Submitted in End 77
29736

Morrow Ill, JoDean, CPT USA SJA

Thursday. August 26, 2010 12:22 PM






Fein, Ashden CPT USA
SJA Matthew kemkes

Eaton, Michael CPT USF-I SJ A Trial Defense





RE: RCM 706 (PFC Manning) (UNCLASSIFIED)
Defense RCM 706 Delay Request Approved (ManningB).pdf

Classi?cation: UNCLASSIFIED

Caveats: NONE

All.

See atlached.

CPT Joe Momm-
Trial Counsel

US Armv Militan" District of Washington

Phone:
NIPR:
SIPR:



Defense_Unclass_Email_0065

02205994

Previously in Encl 1

Morrow JoDean, CPT USA IF SJA

From:
Sent: Wednesday, September 1, 2010 10:49 AM
To: Eaton,
Michael CPT USF-I A Trial Defense Attomey
Cc: ?Rose, Luke CPT SJA Chief, Military Justice?
5?
Subject: defense requests dated 25 and 26 August 2010 (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: OUO

Defense team,

The United States is currently processing your Defense Expert Consultant

Request (dated 25 Aug 10) and your Request to Delay the RCM 706 Board (dated 26 Aug 10).

In your request to delay the RCM 706 sanity board, you proffered that PFC
Manning would need to divulge information up to the level in order to
participate in the inquiry of the board. What is your position with respect

to the level of clearance you will need in order to effectively represent PFC
Manning? If you believe you will need an additional clearance above what you
already possess, the United States will need a formal request in writing with
justification.

The United States is also working on your request for appointment of an expert
consultant in forensic and your request to have the expert
consultant participate before, during, and after the RCM 706 sanity board.
Assuming classified information is authorized to be discussed at the RCM 706
sanity board, are you also requesting the expert consultant be cleared at the
level to be a full member of the defense team? If so, please amend
your request for the expert consultant to reflect this requirement.

Thanks.

CPT Joe Morrow

Trial Counsel

US Army Military District of Washington
Phone:
NIPR:
SIPR:



Classi?cation: UNCLASSIFIED
Caveats: OUO

Defense_Unclass__EmaiI_0066

02881467
29738

From: Fein, Ashden CPT USA SJA
8cm: Wednesday, September 01, 2010 8:30 PM

To:
Suhoocu Ch?leack

Sir. I tried calling back and no answer. If you want or need to chat, please
call. I am about to go For a run, but I plan on making tonight a relatively
late night.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unc|ass_Email_0O67

02215916
29739

From:

Sent: Thursday, September 2, 2010 4:50 PM

To: Morrow .|oDean. CPT USA SJA
Cc: Rose.Luke CPT USD-C SJA Chief,Militaiy Justice











Fein, Ashden CPT USA SJA
Eaton,



Michael PT SJ A Trial Defense Attomey

Matthew kemkes
Subject: RE: defense requests dated 25 and 26 August 2010 (UNCLASSIFIED)
Attach: Security Clearance Request.pdf; Forensic
Joe,

Please see the attached requests. Let me know if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of Davld E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744?3oo7

Office: (508) 674-6006

Fax: (508) 324-9896


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

Defense_Unclass_Emai|_0068

02879487

Cc:
Subject:

29740



Fein, Ashden CPT USA SJA
Thursday, September 02. 2010 11:02 PM
Morrow JoDean. CPT USA JFHQ-NCRIMDW

SJA



Eaton, Michael CPT USF-I SJ A nal ense Attorney: emkes

Re: defense tequests dated 25 and 26 August 2010 (UNCLASSIFIED)

Sir. Thanks. Because the still owns the case could you please resend For the
commander, us army garrison, joint base myer-henderson hall. vr ashden

Ashden Fein
CPT, JA

Chief, Military Justice

(C)


Defense_Unclass_Emai|_0069

02215915
29741

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

Fm"

Sent: Thursday, September 2, 2010 11:02 PM

To: Fein, Ashden USA SJA

Subject: Out of Office: defense requests dated 25 and 26 August 2010 (UNCLASSIFIED)

1 am TDY and then on leave. Please direct your questions to LTC Steven Fillenwarth or vou can reach our paralegal at
The best e-mail addresses to reach me at are:?a 11.

Thank you,
CPT Paul Bouchand

Defense_Unclass_EmaiI_0070

02216936

29742
From_ Eaton, Michael L. CPT USF-I A Tn'al Defense Attorney


Sent: Thursday, September 2, 2010 1 1:02 PM

To: ein, Ashden CPT USA SJA
Subject: Out of Office: defense requests dated 25 and 26 August 2010 (UNCLASSIFIED)

I will be traveling on official business from approximately 28 August 2010 until on or about 20 September 2010. During
this time, I likely will not be able to check this e-mail address. However, I will be available via e-mail at

or at If you have an urgent matter, please contact the Senior
Defenses Counsel, CPT Bennett Gore call DSN ?for further assistance.

Very respectfully,
Mike Eaton

CPT, JA
Trial Defense Counsel

Defense_U ncIass_Em aiI_0071

02215910
29743

From:
Sent: Friday, September 3, 2010 8:19 AM
To: Fein, Ashden CPT USA SJA






Cc:
Eaton, Michael PT USF-I SJ A Trial Defense Attorney

Matthew kemkes

Morrow JoDean, CPT USA
Subject: RE: requests Eatg an! !ugust !%l0 (UNCLASSIFIED)

Attach: Security Clearances 2.pdf; Expert Request 3.pdf





Ashden,

Here are the amended requests for the garrison commander. Have a great labor day weekend.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508) 324-9896


Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended

recipient, please notify the sender and deiete ail copies. Unauthorized disciosure, mpying or use of this
information may be unlawful and is

Defense_Unclass_Emaii_O072

028794 82

29744

From:
Sent:
To:
Cc:

Subject:

Sir.

Acknowledge receipt of these two requests.

Fein, Ashden CPT USA SJA
Monday, September 08, 2010 11:47 PM
.2 v.-.11








n, - a ense ttomey;
JoDean. CPT USA SJA
RE: defense requests dated 25 and 26 August 2010 (UNCLASSIFIED)

we will continue to

expeditiously work these actions.

Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of Nashington (Mow)

COMM:
CELL:
NIPR:
SIPR:

Defense_UncIass_EmaiI_0O73



(osn 325)

0221 5904
29745

From:

Sent: Tuesday, September 7, 2010 6:38 PM

To: Fein, Ashden CPT us?. SJA
Subject: RE: defense requests dated 25 and 26 August 2010 (UNCLASSIFIED)

Thanks Ashden.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street. 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?cez (508) 674-6006

Fax: (508) 324-9896

.w.wmarmy.c9unmaztialdetensemm

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

Defense_Unc|ass_EmaiI_0074

02205854
29746

Morrow Ill, JoDean, CPT USA SJA

rom:

Sent: Wednesday, September 8, 2010 8:23 AM

To: Matthew kemkes

Cc: Fein, Ashden CPT USA SJA
Subject: clearance issues (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Gentlemen,
I need your full name and DOB at your earliest convenience. Thanks.

CPT Joe Morrow

Trial Counsel

US Army Military District of Washington

Phone:




Classi?cation: LNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Em aiI_0075

Previously Submitted in Encl 79
29747

02219536

From: Mmmvaune




Sent: Friday, September 10, 2010 10:21 AM
To: Fein, Ashden CPT USA SJA
Hurley, Thomas MAJ MIL USA OTJAG -

Cc: Zimmennan, Sara J. SGT USA JFHQ- A

Subject: Article 32 (PFC Manning)

Gentlemen -

Hope this funds you well. Just touching base in case you have an ETA on
when the sanity board may be completed.

Thanks.
LTC Almanm

Defense_Unc|ass_EmaiI_0076



02881949 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Friday. September 10. 2010 10:25 AM

To: Almanza. Paul; Kemkes. Matthew MAJ MIL
Morrow Ill, JoDean, CPT USA SJA

cc: Zimmerman, Sara J. SGT USA JFHQ- NCRIMDW Hurley, Thomas MAJ MIL USA
OTJAG

Subject: RE: Article 32 (PFC Manning)

Sir,

Good morning. I added Mr. David Coombs and MAJ Matt Kenkes to this email. Hr. Coonbs is PFC
Manning's CDC and MAJ Kemkes is the lead TDS counsel. MAJ Hurley is no longer detailed to
the case.

The Art 32 and RCM 706 inquiry are still on hold based on multiple defense requests. we do
not have an anticipated time on when the Art 32 will occur. The RCM 706 board was originally
given six weeks to conplete their board, but that is on hold.

Could you please pass your SSN to SGT Zimmerman so that the United States may proactively
work any security issues that might arise.

Thank you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (mw)
C014: DSN 325)
CELL:
NIPR:
SIPR:



Defense_Unclass_EmaiI_0077

02219534 Previously Submitted in Encl 79
Previously in Encl 1

From: mmanmauu

Sent: Friday, September 10, 2010 10:32 AM
To: Fein, Ashden CPT USA SJA
Matthew em es

Morrow JoDean. CPT USA





SJA
Cc: Zimmerman, Sara]. SGT USA JFHQ- S1 A


Subject: RE: Article 32 (PFC Manning)

'I1Iankyou. CPT Fein Will do.
LTC Almanm

Defense_U nclass_Emai|_OO78

02205647
Previously S?1%i6ted in Encl 1

Morrow IH, JoDean, CPT USA SJA

From:


Sent: Monday, September 13, 2010 6:18 PM

To: Matthew kemkes

Cc: ?Rose, Luke CPT USD-C SJA Chief, Military Justice?

Fein, Ashden CPT USA SJA

Subject: case update (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Gentlemen,
Update on current issues:

- The United States is continuing to work on identifying an expert, with the proper credentials, including a
security clearance. Once we receive the information from the Chief, Forensic we will forward the
action to the

- The RCM 706 board members have been identified and we are processing your request to have them cleared to
discuss the mental impressions of PFC Manning during the examination.

- Your request for clearance for defense counsel is currently being processed. Please notify us if the three
military defense counsel will not be remaining on the case.

Thanks.

Morrow

Trial Counsel

US Army Military District of Washington
Phone:
NIPR:
SIPR:





Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Emai|_0079

0221 5900
Previously Sggirgitted in Encl 1

From:

Sent: Wednesday, September IS, 2010 1:36 PM

To: Morrow Ill. ioDean. CPT USA SJA
Cc: Rose,Luke CPT USD-C SJA Chief,Military Justice






Fein, Ashden CPT USA SJA
Matthew kemkes

Subject: RE: case update (UNCLASSIFIED)

Joe,

Thank you for the update. I believe the defense counsel on the case will be just myself, Kemkes
and CPT Bouchard. PFC Manning will be CPT Bouchard this or early next week. I have received
confirmation that the IMC request will be approved.

Do you have any update on the defense request to have a forensic appointed to the defense
team to sit in on the 706? I may have a lead on a forensic from the Air Force with a TS-SCI
clearance. I hope to hear something this week on his availability.

What time-line are you looking at to start up the 706? How are the classi?cation reviews coming?

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unc|ass_Email_0080



02869426
Previously in Encl 1

From: Fein, Ashden CPT USA SJA
sent: Friday, September 17, 2010 6:51 PM
To: Matthew kemkes

Cc: Rose,Luke CPT uso-c SJA Chief.Mi|itary Justice; Morrow m.

JoDean, CPT USA SJA

subject: Update (US v. Manning)

Attachments: Acknowledgment of Protective Order (ManningB).pdf; Protective Order for Classi?ed
Information (ManningB).pdf; Preliminary Classi?cation Review of the Accused's Mental
Impressions (ManningB).pdf; Appointment of Defense Security Expert Consultant
(ManningB).pdf; Monitoring Acknowledgment

Importance: High

Sir,

Good evening. The convening Authority took action on most of your most recent requests and
attached are the actions and updates.

1. Appointment of Defense Security Expert Consultant. Attached is the appointment
memorandum. Mr. Ganiel (ATEC) may be reached at or

2. In reference to the defense request for clearances for the defense team and the
RCM 706 board, the convening Authority ordered that a preliminary classification review by
your defense expert occur of the accused's mental impressions and thoughts so that the
convening Authority can properly determine whether clearances and read-ons are required.
Attached is the Preliminary Classification Review Order. Please contact the Trial Counsel,
if you need assistance with setting up the logistics for your expert to conduct this review.

3. The United States is still working on finding an available Forensic Expert
Consultant with eligibility to obtain or have a clearance to present to the convening
Authority. Although there are doctors who fit your request, there are very few with
clearances, which we requested, in case that access level is ordered by the convening
Authority. we expect an answer by the middle of next week. The United States is searching
across all branches of the

4. The Convening Authority issued a Protective Order For Classified Information. The
previous convening Authority also had a Protective Order in place in the original
jurisdiction. Attached is the Protective Order and its Acknowledgment. Please review this
Protective Order and have all members of the defense team (including the defense expert and
the accused) sign an acknowledgment prior to the discussion of classified information amongst
yourselves. After the Preliminary Classification Review is finished, the convening Authority
will make a decision as to what level of classified information may be discussed amongst the
defense team, including the limits of the ?need to know" and under what conditions.

5. Finally, the United States will be monitoring and/or recording all communications by
the accused with another party to prevent the disclosure of classified information, except
for privileged communications with the defense team, the accused's behavioral health
providers, and the brig chaplains. Attached is the acknowledgment which will be presented by
the Brig to the accused.

If you have any questions, please call or email. Have a good weekend.

v/r

Defense_Unclass_Email_O081

Previously in Encl 1



Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MON)
com: (DSN 325)
CELL:
NIPR:
SIPR:



Defense_UncIass_Email_0081

02215891
Previously in Encl 1



From:

Sent: Saturday, September I8, 2010 2:43 PM

To: Fein. Ashden CPT USA SJA
Cc: Rose,Luke CPT USD-C SJA Chief,Military Justice

Morrow Ill, JoDeanSubject: RE: Update v. Hanmng!

Attach: Defense Response to Attachment A.pdf




CPT Fein,

Please review the attached response to the preliminary classi?cation review order by COL Coffman. The
defense's position is that this order is not a lawful one. Since this matter is not yet before a military court,
the defense will need to know the government's position on this issue in a timely fashion in order seek
extraordinary relief.

Also, I have spoken with my client regarding the monitoring and/or recording acknowledgement. Based
upon our discussion, he has signed the acknowledgement. The defense requests notification of the
procedures that the confinement facility will use to ensure that privileged communications with defense
team, PFC Manning's behavioral health providers, and the brig chaplains will not be mistaken monitored or
recorded.

?nally, I have a lead on a possible military forensic that possesses a TS-SCI clearance. Once
I con?rm his availability, I will provide the government with his contact information.

Feel free to contact me if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896




Notice: This transmission, including attachments, may contain con?dential attorney-
client infomiation 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

Defense_Unclass_EmaiI_0082

02869423

29755

Faun:
Sent:
To:
Cc:

subject:

Fain, Ashden CPT USA SJA

Sunday. September 19. 2010 9:17 PM



Rose.l.uke CPT USD-C SJA Chief,MiIitary Justice; Morrow
JoDean, CPT USA Matthew kemkes; aul oucha aul Bouchard
RE: Update (US v. Manning)

Sir. The United States acknowledges receipt of this response.

will you be available late in the afternoon tomorrow (Mon, 20 Sep 18) for a

phone conversation?

Thank you.

v/r
Ashden

Ashden Fein
CPT, JA

chief, Military Justice
U.S. Army Military District of Washington (MON)

COMM:
CELL:
NIPR:
SIPR:

Defense_U ncIass_EmaiI_0O83

(DSN 325)



0221 5885
29756




From:

Sent: Sunday, September 19, 2010 9:20 PM

To: Fein, Ashden CPT USA SJA
Cc: Rose Luke CPT USD-C SJA Chief,Military Justice





Morrow 1Il,JoDean, CPT USA SJA
Matthew kemkes

Paul Bouchard
Subject: RE: Update (US v. Manning)

Ashden,
How does 1600 tomorrow sound to you?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896



Notice: This transmission, including attadwments, 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

Defense_Unclass_EmaiI_OO84

02869419
29757


From: Fein, Ashden CPT USA SJA
sent: Sunday. September 19. 2010 9:21 PM
To:
Cc: Rose,Luke CPT USD-C SJA Chief,Mili1ary Justice;?; Morrow Ill,
JoDean, CPT USA Matthew kemkes; Paul Boucham; PauI Bouchard
Subject: RE: Update (US v. Manning)
Sir,

1680 tomorrow is great. we will initiate the phone call, please provide the
best number to call. Thanks.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MON)
COMM: (DSN 325)

CELL:
NIPR:
SIPR:



Defense_Unc|ass_Emai|_0085



0221 5878
29758



From:
Sent: Sunday, September I9, 2010 9:23 PM
To: Fein, Ashden CPT USA SJA l>
Cc: Rose,Luke CPT USD-C SJA Chief,Military Justi
Morrow Ill, JoDean, - JA






Matthew kemices





Subject: RE: Update (US v. Manning)

Ashden,
Call me on my direct dial number below.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674?6006

Fax: (508) 324?9896



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

Defense_U nclass_Email_0086

02869413
29759

From: Fein. Ashden CPT USA SJA
sent: Monday. September 20. 2010 4:02 PM

To:
Subject: RE: Update (US v. Manning)

Sir. You available?

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)
COMM: (DSN 325)
CELL:
NIPR:
SIPR:



Defense_Unclass_Emai|_O087

02205471

From:
Sent:
To:
Cc:

Subject:
Attach:

Previously Sigagnbued in Encl 1

Zimmerman, Sara J. SGT USA JFHQ- SJA

Friday, September 24, 2010 2:30 PM


Matthew kemkes
Fein, Ashden CPT USA IF SJA
?Morrow, JoDean CPT MIL USA

Haberland, John CPT USA Regimental Judge Advocate

Preliminary Classi?cation Review (UNCLASSIFIED)
Superseding Preliminary Classi?cation Review of the Accused's Mental Impressions

(ManningB).pdf





Classi?cation: UNCLASSIFIED

Caveats: FOUO

Sir,

Attached is the Preliminary Classi?cation Review of PFC Manning. If you have any questions, please direct them to CPT Fein.

Thank you.



SARA J. ZIMMERMAN

SGT, US Army
Military Justice Paralegal




Comm:
DSN:
Fax:




Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_Email_0088

0221 5874
29761






From:

Sent: riday, September 24, 2010 3:22 PM

To: Zimmerman. Sara J. SGT USA SJA

Cc: Matthew kemkes
Fein. Ashden CP -
MorrowJoDean CPT MIL USA

I- Haberland, John CPT USA Regimen
Subject: RE: Preliminaiy Classi?cation Review (UNCLASSIFIED)
SGT Zimmerman,

I have received the attached PCRO. I will forward this to the defense security expert.

Best,
David

David E. Coombs, Sq.

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

Direct Dial: (401) 744-3007
Of?cez (508) 674-6006

Fax: (508) 324-9896


Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended

recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this
information may be unlawful and is prohibited!?

Defense_Unc|ass_Email_0089

02873128
Previously S?i?amgted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Friday. September 24. 2010 3:47 PM

To:

Cc: Monrow Jooean. CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Preliminary Classi?cation Review (UNCLASSIFIED)

Sir. Any movement on your proposed Expert in the DC area? we finally
found one, after going across all branches, without a clearance that we
will need to get for him (and you) if the review comes back requiring the
clearance. Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (HOW)
COMM: (DSN 325)
CELL:
NIPR:
SIPR:



Defense_Unc|ass_Emai|_0O90

02215869
Previously in Encl 1

From:
Sent: Tuesday, September 28, 2010 7:16 PM

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


Cc: Matthew kemkes Paul Bouchard



Subject: PCRO Issues
Attach: PCRO Expert Issuespdf
Ashden,

I have attached several issues that Mr. Ganiel has identi?ed in order to conduct his preliminary
classi?cation review. Please take a look at this list, and let me how the government will address the
various classi?ed information requirements addressed in the memorandum.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

i I .



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

Defense_Unclass_Email_0091

02874486
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, September 29, 2010 9:57 AM

To: Morrow JoDean. CPT USA

SJA

Cc: Matthew kemkes; Paul Bouchard; Zimmerman, Sara J. SGT USA JFHQ- NCRIMDW SJA
Subject: RE: PCRO Issues

Sir,

Acknowledge receipt. Any more movement on your proposed Expert in the DC area? we
finally Found one, after going across all branches, without a clearance that we will
need to get for him (and you) if-' the review comes back requiring the clearance.

Thanks .

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (NOW)
CUM:
CELL:
NIPR
SIPR



Defense_Unclass_Emai|__0092

02215865









Previously ed in Encl 1
From:
Sent: Wednesday, September 29, 2010 12:26 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard

Zimmerman Sara J. SGT USA JFHQ-



SJA
USA SJA

Subject: RE: PCRO Issues

Ashden,
No positive movement. The person is deploying so I am back to the drawing board.

Best,
David

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

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

mm



Notice: This transmission, including attachments, may contain con?dential attorney-
client lnfomiation 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

Defense_UncIass_Emai|_0093

02874483

29766

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, September 29. 2010 12:31 PM

To:

cc: Matthew kemkes; Zimmerman, Sara J. SGT USA JFHQ-

NCRIMDW Momow Jooean, CP USA SJA

subject: Re: PCRO Issues

Sir. Thanks. we are working to Find a person and we will likely go with a doctor without a ts
clearance and will need to get he/she a clearance if required after prelim review.

Ashden Fein
CPT, JA
Chief, Military Justice

(C)




Defense_Unclass_Emai|_OO94

02205271
29767

Morrow JoDcan. CPT USA SJA

From:
Sent: Wednesday. October 6, 2010 2:23 PM
To: Fein, Ashden CPT USA

SM

Subject: RE: PCRO Issues (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir.
We should have answers/solutions to all the issues you raised by Friday. Sony forlhe delay. Thanks.

CPT Joe Mormw

Trial Coumcl

US Armv Militarv District of Washington
Phone:

NIPR:
SIPR:





Defense_Unc|ass_Emai|_0O95

02874480
29768

From: Fein, Ashden CPT USA SJA

sent: Wednesday. October 06, 2010 7:18 PM

To: Morrow Ill, JoDean, CPT USA


Cc: Matthew kemkes; ?Paul Bouchanf
Subject: RE: PCRO Issues (UNCLASSIFIED)

Sir. To clarify, the United States is still working on determining which facility (SCIF) is
available to allow the defense experts, defense team, the accused, and a possible RCH 796
board to convene, if the preliminary classification review determines the information is at a
level higher than

Also, the United States is working to find a suitable location for the defense team to store
SCI notes and/or documents that is accessible by members of the defense team.

Both these issues should be resolved by the end of the week. The main issue holding up this
is finding a facility that minimizes the accused's potential exposure to third parties on-
lookers or is not in a otherwise public location, close to Quantico Brig.

v/
Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDH)
com: (DSN 325)

CELL:
NIPR:
SIPR:



Defanse_Unclass_EmaiI_0096

02881059
29769

From: Fein, Ashden CPT USA SJA

sent: Thursday, October 07, 2010 12:42 PM

To:

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

Sir. Are you around today to discuss an issue? Thanks.

Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

com
cm:
narpmo



Tracking:

Defense_Unclass_EmaiI_0097

02881 056
29770

From: Fein, Ashden CPT USA SJA

Sent: Thutsday. October 07. 2010 1:48 PM

To:

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

Sir. Sounds great. we will call at 1600.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MDH)
COMM:
CELL:
NIPR:
SIPR:



Defense_Unclass_Emai|_0098

02215860

29771

From:

Sent: Thursday. October 7, 2010 1:45 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: Chat today

Ashden,

How does 1600 sound to you? If good, just give me a call at the direct dial line below.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (4-01) 744?3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass__EmaiI__0O99

02870447
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. October 12. 2010 7:48 AM

To:

Cc: Kemkes, MatthewJ MAJ MIL Morrow JoDean, CPT USA SJA
Subject: SCIF Location

Sir. Good morning. when we spoke last Thursday, you were going to get back to me on Friday
to let me know if the Defense wants to give input into the convening Authorities decision on
choosing to use the Field Investigative Unit (FIU) SCIF -For the Preliminary Classification
Review and, depending on the results of the classification review, client meetings and RCM
706. Please let me know ASAP so we can present to the CA early this week. Thank you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (POW)
COM:
CELL-


SIPR

Defense_Unc|ass_Email_01 00

02215854
Previously in Encl 1

From:

Sent: Tuesday, October I2, 20I0 8:l5 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes? Morrow Ill, JoDean, CPT USA
51'?


Subject: RE: SCIF Location

Ashden,

I am sorry, I believed that I was supposed to get back to you on Friday only if the defense had any
issues. The FIU location is ?ne for the PCR, client meetings, and the 706 board.

Please let me know the contact information for the second security expert as soon as you can so that I can
get him/her up to speed. As I mentioned before, Mr. Ganiel will be out of the loop until the 18th of
October.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744?3oo7

Office: (508) 674?6006

Fax: (508) 324-9896



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

Defense_UncIass_Email_0101

Previously in Encl 1

To:
Cc:

Subject
Attachments:

Fein, Ashden CPT USA SJA

Wednesday. October 13. 2010 8:53 PM



Matthew kemkes; Morrow JoDean. CPT USA JFHQ-NCRIMDW Paul Bouchard;
Rose. Luke CPT USD-C SJA Chief, Military Justice; Habenand, John CPT USA Regimental
Judge Advocate; Zimmennan, Sara J. SGT USA JFHQ- SJA: Autry. Carolyn 0
Ms CIV SJA

CA Actions (US v. Manning)

2-Appointment of 2nd Defense Security Expert (ManningB).pdf; 1-Excludabie Delay
Memorandum (ManningB).pdf; 4-Response to Defense Request to Amend Protective Order
(ManningB).pd1; 3-Appointment of Defense Expert Consultant in Forensic
(ManningB).pdt; 5-Approved Facility and Storage for Classi?ed Information (ManningB).pdf

Sir. Attached are the following five convening authorities actions:



Excludable Delay Memorandum

Appointment of 2d Defense Security Expert

Appointment of Defense Expert Consultant in Forensic
Response to Defense Request to Amend the Protective Order

. Approved Facility and Storage for Classified Information

we are still working on your request to receive a bates stamped copy of the
unclassified portion of the case file.


Ashden

Ashden Fein
CPT, JA

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

(osu 325)
CELL:

CU-M:





NIPR
SIPR

Defense_Unc|ass_EmaiI_0102

0221 5849
29775












From:

Sent: Wednesday. October 13, 2010 l0:50 PM

To: Fein, Ashden CPT USA SJ A

Cc: Matthew kemkes Morrow 1ll.JoDean, CPT USA

Paul Bouchard
Rose.Luke CPT USD-C SJA Chief.Military Justice
Haberiand. John PT USA Regimental Judge Advocate

Zimmerman. Sara J. SGT USA JFHQ-

SJA -, Autlyr Carolyn Ms Cw JFHQ-
SJA
Subject: RE: CA Actions (US v. Manning)
Ashden,

Thank you. Can you provide me with Contact information for COL Benedek and for Mr. Hall? Also, do you
have a time-line on the bates stamped copy of the unclassi?ed portion of the case ?le?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744?3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass_EmaiI_0103

02205201

From:

Sent:
To:

Cc:

Subject:

29776

Morrow JoDean, CPT USA SJ A


Thursday. October 14. 2010 8:25 AM
Fein, Ashden CPT USA
SJA

Matthew kemkes Paul Bouchard

ose, USD-C SJA Chief,Military Justice
Haberiand, John CPT USA Regimental Judge Advocate
Zimmerman, Sara J. SGT USA JFHQ-
Autrv. Carolyn Ms CIV JFHQ-











SJA

RE: CA Actions (US v. Manning) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Sir.

COL can be mack-ed 21- or?


We wiU produce a bates~stamped copy of the unclassi?ed ponion of the case file by next Friday (22 October) at the latest - what has
alteady been provided and updated irfonnation.

CPT Joe Morrow
Trial Counsel
Militmv District of Washington




US
Phone:
NIPR:
SIPR:




Defense_UncIass__Emai|_0104

0221 5844
29777

From:

Sent: Thursday. October 14, ll:54 AM

To: Morrow Ill. JoDean. CPT USA SJA

Cc: Matthew kemkes Paul Bouchard













Rose,Luke CPT USD-C SJA Chief,Military Justice
Haberland. John PT USA Regimental Judge Advocate

Zimmerman. Sara J. SGT USA FHQ-
Auuy. Carolyn Ms CIV JFHQ-

Fein, Ashden CPT USA

SJA
SJA
SJA

Subject: RE: CA Actions (US v. Manning) (UNCLASSIFIED)

Joe,

I have reached out to both defense appointed experts. I hope to be able to speak to Mr. Hall later
today. when do you believe the government will be complete the arrangements for the transportation of
PFC Manning from Quantico to the Flu location?

Best,

David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674-6006

Fax: (508) 324-9896


m2mm

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

Defense_Unc|ass_Emai|_0105

02205184

From:

Sent:
To:
Cc:

Subject:

29778

Morrow JoDean. CPT USA SJA

Thursday. October I4, 20l0 12:33 PM


Matthew kemkes









Paul Bouchard

Rose,Luke CPT USD-C SJA Chief,Military Justice
Haberiand. John CPT USA Regi mental Judge Advocate

Zimmerman. Sara J. SGT USA JFHQ-
Autw. Carolyn Ms CIV

. Fein, Ashden CPT USA



SJA
A
SJA

RE: CA Actions (US v. Manning) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Sir.

We at: conducting a nchcaxsal mm Tuesday. the |9lh. and should be ready after lhal. 1 know than Mr. Garicl returns on the 18th.

When do you thixic your expens will be able to proceed??

Joe Monow

Trial Coumel
US A



Militarv District of Washington
Phone
NIPR:
SIPR:

Defense_Unclass_Emai|_0106

0221 5838
29779

From:

Sent: Thursday, October I4, PM

To: Morrow .loDean. CPT USA SJA

Cc: Matthew kemkes Paul Bouchard









Rose.Luke CPT USD-C SJA Chief,Military Justice
Haberland_ John CPT USA Regimental Judge Advocate
Zimmennan, Sara J. SGT USA JFHQ-
Autry. Carolyn Ms CIV JFHQ-
SJA Fein, Ashden CPT USA

SJA
Subject: RE: CA Actions (US v. Manning) (UNCLASSIFIED)

Joe,

I am not for sure at this point, however, I don't see why they couldn't begin their work as soon as the
transportation piece is resolved. I will speak with Mr. Hall and Mr. Ganiel and get back with you.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674-6006

Fax: (508) 324-9896




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

Defense_Unclass_EmaiI_0107

02219532 Previously Submitted in Encl 79
Previously in Encl 1

From: Anmanza. Paul

Sent: Thursday. October 14, 20l0 5:59 PM

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

5?
Cc: Zimmerman, Sara J. SGT USA S1 A

Subject: RE: Article 32 (PFC Manning)

All -

Since it's been about a month since we last touched base. I'm checking
in to see ifyou lave any ETA on the completion of the sanity board.

Additionally. 3 the cunent delay we're on will expire when the sanity
board is completed. please give some thougn as to whether you
anticipate seeking additional delay (depending of course on when the
sanity board is expeaed to be completed).

Thanks!

LTC Almanza

Defense_Unc|ass_Emai|_0108

02881951 Previously Submitted in Encl 79
Previously in Encl 1

From: Pain, Ashden CPT USA SJA
Sent: Thursday, October 14. 2010 10:00 PM
To: Almanza. Paul; Matthew kemkes; Morrow Ill,

JoDean, CPT USA JFHQ-NCRIMDW Haberland, John CPT USA Regimental Judge
Advocate; Rose, Luke CPT USD-C SJA Chief, Military Justice

Cc: Zimmerman. Sara J. SGT USA JFHQ- SJA
subject: RE: Article 32 (PFC Manning)
Sir,

Currently we are still in pre-RCM 766 delay for security matters. At this point, we do not
have an estimate on their completion, but once they are then we should move directly in the
RCM 706 board, pending a determination of security clearances. Thank you.

v/
CPT Fein

Ashden Fein

CPI, JA

Chief, Military Justice

U.S. Army Military District oF Hashington (MDH)
COMM:
CELL:
NIPR:
SIPR:



Defense_U nclass_EmaiI_01 09

02872832

Subject:

Gentlemen,

Previously Submitted in End 77
Previously S?gafggted in Encl 1

Fein. Ashden CPT USA SJA

Thursday, october14. 2010 10:02 PM

Sweda. Michael Dr CIV USA MEDCOM WRAM
Zimmennan, Sara J. SGT USA JFHQ- . . -
Matthew kemkes; Monow
JoDean. CPT USA Habenand. John CPT USA Regimental Judge

Advocate; Rose. Luke CPT USD-C SJA Chiet. Military Justice
RCM 706 (PFC Manning)

Currently we are still delayed For the RCM 706 for security matters. At
this point, we do not have an estimate on their completion, but once they
are then we should move directly in the RCM 706 board, pending a

determination of security clearances.

v/r
CPT Fein

Ashden Fein
CPI, JA

Thank you.

Chief, Military Justice
U.S. Army Military District of Hashington (MUN)

(GM:
CELL:
NIPR:
SIPR:

Defense_Unclass_Emai|_0110





Previously Submitted in End 77
29783

Friday, October I5, 2010 8:10 AM

Fein. Ashden CPT USA SJA







Cc: Zimmerman, Sara J. SGT USA JFHQ- SJA


Matthew kemkes Morrow Ill, oDcan, CPT USA
SJA Haberland, John
CPT USA Regimental Judge Advocate

Subject: RE: RCM 706 (r>r=c Manning) (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Thank you.

vlr.

Miclnel Sweda. ABPP (Forensic)

Board-Certi?ed Forensic

Grief. Forersic Ps_vcholog)' Service

Director. Forersic Fellowship Walter Reed Anny Medical Cerlcr






(fax)
(business blackberry)
(personal mobile)

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

Defense_Unclass_Ernai|_011 1

Previously Submitted in End 79







02219529
29784

From: mmanza. Paul
Sent: Friday, October I5, 20|0 8:54 AM
To: Fein, Ashden CPT USA SJA

Matthew kem es

Morrow JoDean, CPT USA
Haberland, John CPT USA Regimental

Judge Advocate Rose, Luke PT USD-C SJA

Chief, Military Justice
Cc: Zimmerman, Sara J. SGT USA JFI-IQ- SJA



Subject: RE: Article 32 (PFC Manning)
CPT Fein -

Thanks for the info.

LTC Almama

Defense_Unc|ass_Email_01 12

02879917

29785

Cc:
Subject:

Sir. As of now we do not have court scheduled but we night have our contractors here for our

Fein, Ashden CPT USA SJA
Monday, October 18, 2010 9:26 PM

Hudey. Thomas MAJ MIL USA OTJAG

Autry. Carolyn Ms CIV SJA
RE: Courtroom (UNCLASSIFIED)

courtroom renovations. Do you need it For something?

Ashden

Ashden Fein
CPT, JA

Chief, Military Justice



Defense_Unclass_Emai1_01 13

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

02879915
29786

I.
From: Fein, Ashden CPT USA SJA
sent: Tuesday, October 19. 2010 9:57 AM
To: Hurley, Thomas MAJ MIL USA OTJAG
subject: RE: Courtnoom (UNCLASSIFIED)

Thanks sir. I do plan on one day going home before 2136, I heard there is
light at the end of the tunnel at the grad course!

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (Mow)
COMM:
CELL:
NIPR:
SIPR:



Defense_UncIass_Emai|_O1 14

02874462

Previously ed in Encl 1

From:
sent:
To:

Cc:

Subject:

Sir,

Have you been able to
start the review. The
procedures within FIU
schedule the first of

v/r
Ashden

Ashden Fein
CPT, JA

Fain, Ashden CPT USA JFI-IQ-NCRIMDW SJA

Tuesday. October 19, 2010 10:29 AM

MOITOW Ill, JoDean, CPT USA
SJA

Matthew kernkes; Paul Bouchatd; Rose.l.uke CPT USD-C SJA Chief,MililaI'y Justice;
Haberland. John CPT USA Regimental Judge Advocate: Sara J. SGT USA
JFHQ- Autry. Catolyn Ms CIV SJA

PCRO Update

speak with your security experts and see when they will be ready to
rehearsal should be completed this morning. After that we will be ready to
however many meeting need to occur for your team. Thank you.

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

CUM:
CELL:
NIPR:
SIPR:

Defense_Unclass_EmaiI_01 15



0221 5824












Previously S??lrygi?tted in End 1
From:
Sent: Tuesday, October 19, 2010 1:48 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard
Rose,Lu CPT USD-C SJA Chief,Military Justice
Habe?and. John CPT USA Regimental Judge Advocate
Zimmerman. Sara J. SGT USA
Autry. Carolyn Ms CIV JFHQ-
SJA Morrow JoDean, CPT
USA SJA
Subject: RE: PCRO Update
Ashden,

I spoke with Mr. Hall and Mr. Ganiel. I am meeting with them tomorrow to discuss the PCR and their
antidpated time-line for their work. After my discussion, I will give you more information on when they
will be ready to start their review. How did the rehearsal go? who will be the POC for the movement of
PFC Manning? How o?en during any given week can Mr. Ganiel and Mr. Hall meet with PFC Manning at
the Are there any day/time restrictions on their meetings?

Both Mr. Hall and Mr. Ganiel believe that a two-week time period is unrealistic to complete the veri?cation
process. Does the CA have a date that he would like the investigation to either be completed or for the
defense experts to submit justification for additional time?

On an unrelated note, I spoke with COL Benedek last week. He was unaware of his pending appointment
to the defense team. He told me that he believed he could act as the defense appointed expert, but
that he would need speak to his boss to be sure. I haven't heard back from him yet.

Best,
David

David E. Coombs, Bq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896




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 dsclosure, copying or use of this
information may be unlawful and is

Defense_Unclass_EmaiI_01 16

02877218
29789

From: Fein, Ashden CPT USA SJA
sent: Tuesday, October 19, 2010 11:22 PM

To:
Subject: just for you

Sir. Just for you. when the command visited your client this week, he mentioned to them

that he would like some help getting a hold of you because you both keep playing phone tag.

Is the issue with the Brig or Command and if so what can we help with? Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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

COMM:

CELL:

ma:
sum:

Defense_Unclass_Emai|_O1 17

02205099
29790

Morrow IH, JoDean, CPT USA SJA

From:


Sent: Wednesday, October 20, 2010 2:53 PM

To:

Cc: Fein, Ashden USA sum
Subject: meeting tomorrow (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir,

We know you might be meeting with the SJA and Deputy tomorrow. You'd mentioned the possibility of meeting as
well. If you still want to stop by, the morning is the best time for us we have a meeting in the afternoon. See you

(maybe) tomorrow.

CPT Joe Morrow
Trial Counsel
US Army Military District of Washington



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_U nclass_ErnaiI_01 18

02205091
Previously S?gbfgiltted in Encl 1

Morrow JoDean, CPT USA SJA

Fm?:









Sent: Wednesday. October 20. 2010 3:39 PM
To: Fein, Ashden CPT USA
SM
Cc: Matthew kemkes . Paul Bouchard
USD-C SJA Chief.Military Justice

Haberland, John CPT USA Regimental Judge Advocate
Zimmerman. Sara . SGT USA JFHQ-
Autrv. Carolyn Ms CIV JFHQ-



Subject: RE: PCRO Update (UNCLASSIFIED)
Classi?cation UNCLASSIFIED

Caveats: FOUO

Sir.

Please send yourexpen's thoughts on timing and when they are ready to start so we can plan the first of multiple meetings (I assume).
The rehearsal went well and the DES is ready to uansport PFC Manning from Quantico directly to the FIU. The is
ready to receive PFC Manning. except we will need to obtain the Full Name and SSN of your experts - please send at your earliest
convenience. There are currently no date or time restrictiors. although we would like to knock out the physical meeting during the
week. but can possibly coordinate weekends if needed If the review process ends up taking more than two weeks. then please send a
request a few days out so we can present it to the CA for his approval/disapproval of an extemion.

As for a request for delay to start the PCR: Based on the PCRO. dated 22 Sep I0. your security expert consultarrt(s) were directed to
start meeting with the accused NLT 8 Oct 10. absent an extension by the CA. Subsequemly your security expert. through you.
requested an additioml expert. storage facilities. and ultimately a SCIF. The CA acted on than request on 12 Oct I0. I do not think the
defense reeds to request the extension as required by the PCRO because the subsequent order dated I2 Oct I0 essentially grants a de
facto extension Your security experts started to coordinate to meet ASAP with the accused and we are coordinating that meeting for
youorder.

We are not sure how lines got crosed with COL Benedek. We were under the impression that he had been detailed to the case by Dr
(COL) Ricky Malone. Chief. Forensic for and the USA. It is possible that COL Benedelt was confused about the
Deferse vs. Prosecution team.

John Hdierland (CCed) is the main POC from tie prosecution team for coordinating with and the escorts for PFC Mannirg.
Please send the information requested above (full name and SSN of defense experts) to him so he may pass along the info to the FIU.

?Thanks.
Ashden

CPT Joe Morrow

Trial Counsel

US Arrnv District of Washington
Phone:

NIPR

SIPR:





Defense_Unc|ass_Email_01 19

02215811
Previously in Encl 1

From:
Sent: Thursday, October 21, 2010 8:50 AM
To: Morrow JoDean, CPT USA SJA













Cc: Matthew kemke Paul Bouchard
Rose,Luke CPT USD-C SJA Chief,Military Justice
Haberland, John CPT USA Regimental Judge Advocate
Zimmerman, Sara J. SGT USA JFHQ-
SJA Autry, Carolyn Ms CIV JFHQ-
SJA Fein, Ashden CPT USA
SJA
Subject: RE: PCRO Update (UNCLASSIFIED)
Joe,

I met with Mr. Hall and Mr. Ganiel yesterday. They would like to start their work by meeting with PFC
Manning at the FIU next Wednesday (27 October) at 1000. They anticipate this ?rst meeting to last
approximately three hours. This is the only meeting that they want to schedule for the first week. Based
upon this meeting, they will be in a better position to determine how many additional meetings may be
necessary and an estimated time-line for the verification process.

Mr. Hall and Mr. Ganiel have requested the following additional information:

a) A POC at the FIU with a phone number to ensure the necessary arrangements have been made for
the PCR. I will let Mr. Hall and Mr. Ganiel know that the FIU needs their full names and social security
numbers. I believe they would like to give this information directly to the POC at the FIU instead of going
through multiple layers;

b) Do the guards from the con?nement facility understand that they cannot be inside the room with PFC
Manning during the meeting with Mr. Hall and Mr. Ganiel? what arrangements have been made to ensure
that this is not an issue;

c) PFC Manning's training records;

d) Any documentation PFC Manning has signed dealing with information security;

e) A list of all CI that PFC Manning has been read in on;

f) A list of any refresher training PFC Manning has received;

g) A list of any in-country training PFC Manning has received;

h) who was the security manager at the time for the TSCIF PFC Manning worked in and can you give Mr.
Ganiel and Mr. Hall contact information for this person;

i) What was the SOP for the TSCIF PFC Manning worked in;

j) what kind of entry/exit inspections were performed at the

k) A copy of the Security Classi?cation Guide for the

with regards to the ?ve discs that were previously given to the defense. These discs will likely assist in
the verification process. Mr. Ganiel and Mr Hall would like to know if these discs are classi?ed or not? If
so, who classi?ed the discs? What is the highest level of classi?cation for the information on the discs? If
the classi?cation is unknown or uncertain, Mr. Hall and Mr. Ganiel would need to have a stand-alone
system provided to them classi?ed at TS-SCI (laptop with removable hard drive) for them to review the
information on the ?ve discs.

Let me know if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs
45 North Main Street, 5th Floor

Defense_Unc|ass_Emai|_0120

02215811
Previously in Encl 1

Fall River, MA 02720
Direct Dial: (401) 744-3007

Of?ce: (508) 674?6006

Fax: (508) 324?9896




I

Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all oopies. Unauthorized disclosure, copying or use of this
information may be unlawful and is

Defense_Unclass_Emai|_0120

29794



From:

Sent: Thursday, October 2010 9:25 AM

To: Morrow Ill, JoDean, CPT USA SJA

Cc: Fein, Ashden cm usA sm
Subject: RE: meeting tomorrow (UNCLASSIFIED)

Joe,

I haven't heard back from the DSJA or SJA on a good time to met. If! don't hear soon, I may just stop
by to say hello to you and Ashden. Can you give me a good address for your office to plug into my
navigation system? Also, any chance I could pick up the unclassi?ed CID ?le and other discovery?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?cez (508) 674?6006

Fax: (508) 32-1w9896
mdmamJdetem..co.m



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

Defense_Unclass_EmaiI_0121



028751 76

29795



From: Fein, Ashden CPT USA SJA

Sent: Thursday, October 21. 2010 9:27 AM

To: Morrow JoDean, CPT USA

SJA
Subject: RE: meeting tomorrow (UNCLASSIFIED)

Sir. 1490 4th Street, SW. I think the DSJA and SJA will be calling you in a little bit.
They have both been in and out over the past few days. I do not think we will have the File
ready for pickup because we are still trying to get more info including answering the PCRO
requests you sent this morning. we will have something ready tomorrow.

Ashden Fein

cor, JA

Chief, Military Justice

U.S. Army Military District of Washington (Mow)
COMM:
CELL
NIPR:
SIPR:



Defense_UncIass_Email_0122

02205076
29796

Morrow JODean. CPT USA SJA



Sent: Thursday. October 21. 2010 9:27 AM

To:

Cc: Fein, Ashden CPT USA S.
Subject: RE: meeting tomorrow (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir.
See below.

The main gate for y1'sitors is located at 1542 2nd Sueet SW. Washingon DC. That address should work in Garmin and Google. Once
you get through the gate. then:

1. drive suaigll until you got to a stop sign.

2. Turn right at stop sign

3. Turn right at next stop sign which is at a

4. Go straight with houses on left and go up to the

5. Make a left in the

6. Go straight until you get to the ?agpole on your left and then make a right.

7. Go down the road between the two long buildings until you get to the stop sign.
8. Turn left apin and the Legal office is on your right.

9. Park anywhere you can fur! a spot.

10. We are on the third floor.

I can give you an update on the case file when we meet.

Joe Morrow

Trial Counsel

US Army Military District of Washington
Phone:

NIPR:



SIPR:

Defense_Unclass_EmaiI_01 23

02875179
29797

From: Fein, Ashden CPT USA SJA
sent: October 21. 2010 9:28 AM
To: Monow Ill. JoDean, CPT USA

Subject: RE: meeting tomorrow (UNCLASSIFIED)

Sir. I pushed send too fast. Should have relied on Joe. Please go with what Joe sent!

Ashden Fein

CPT, JA

Chief, Hilitary Justice

U.S. Army Military District of Nashington (MON)
COMM:
CELL
NIPR:
SIPR:



Defense_U nc|ass_Emai|_01 24

29798

From, Morrow 111, JoDean, CPT USA SJA

Sent: Thursday. October 21, 2010 9:34 AM

To: Fein, Ashden USA


Subject: RE: meeting tomorrow (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats:

Sir.

Iapologin for the email barrage - Ashden is a little trigger-happy. What is your limeline?! and I need to leave aboul
I I30-1 I45 or so for a meeting.

Joe Morrow

Trial Counsel

US Army Military District of Washington
Pho

NIPR:



SIPR:

Defense_Unclass_EmaiI_0125

02205051

From:
Sent:
To:

Cc:

Subject:

29799

Haberland. John on MIL USA

Thursday, October 2010 9:48 AM
SESSOMS, Reginald 0 Mr CIV USA











Paul Bouchard

Rose,Luke CPT SJA Chief,Militaxy Justice
Zimmerman, Sara J. SGT USA JFHQ- SJA
Autiy, Carolyn Ms CIV JFHQ-

Morrow Ill, .loDean, CPT

Fein, Ashden

Matthew kemkes



SJA
USA SJ A
CPT USA SJA

RE: PCRO Update (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Sir,

Mr. Reginald Sessoms will be your POC at the FIU facility. He can be contacted at -and is in the "to" line of
this email. Mr. Hall and Mr. Ganiels can provide their contact information directly to him. I will handle all other
coordination for PFC Manning's visit to the FIU facility.

I have spoken wi?i the MPs that will be giving PFC Manning a ride to the FIU facility. They will wait in an adjacent room
until Mr. Hall and Mr. Ganiels finish their interview and then will transport PFC Manning back to the Marine facility.
Please contact me if you have any questions or concerns about this meeting.

Very Respectfully,

CPT John B. Haberiand
Regimental Judge Advocate
3rd U.S. Infantry Regiment (The Old Guard)

Office:
88:
Cell:







Building 242, Fort Myer, Virginia 22211

NIPR:



Defense_Unclass_Emai|_0126

02869714
29800

From: Fein, Ashden CPT USA SJA

sent: Fnday, October 22, 2010 8:14 PM

To: Kemkes, Matthew MAJ MIL Paul Bouchard
Cc: Morrow Ill. Jooean. CPT USA JFHQ-NCRIMDW SJA

Isuhmect Uncumu??ed[NscovenrReques1

Gents,

I an about to send you 14 emails with documents. They contain the bates stamped unclassified
documents previously disclosed and all documentation up to Mr. Coombs taking the case. A
total of 429 pages.

CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice

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

Defense_UncIass_Email_0127

02879074
29801

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Fn'day, October 22, 2010 8:15 PM

To: ?Kemkes. Matthew MAJ MIL Paul

Bouchand; Morrow Jooean, CPT USA SJA
Subject: Discovery 2 of 14
Attachments: Unclassi?ed Discovery (ManninoB) 101 -200.pdf

Ashden Fein
CPT, JA
Chief, Hilitary Justice

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

corvvs
was

Sm

Defense_Unc|ass_Email_0128

02879254
29802

From: Fein. Ashden CPT USA SJA

Sent: Friday. October 22, 2010 8:14 PM

To: Kemkes, Matthew MAJ MIL Paul

Bouchatd; Morrow Jooean, CPT USA SJA

subject: Discovery1 of 14

Attachments: Unclassi?ed Discovery (ManninqB) 1-100.pdf

Ashden Fein
CPT, JA
Chief, Military Justice

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

com:

CELL:


sm=

Defense_UncIass_EmaiI_0129

02878972

29803

From:
To:

subject:
Atucluncms:

Ashden Fein

CPT, JA

Fein, Ashden CPT USA SJA

Fn'day. October 22. 2010 8:17 PM

'Kemkes. Matthew MAJ MIL Paul
Bouchard; Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA

Discovery 3 of 14

Unclassified Discovery (Manninoe) 201-300.pdf

Chief, Military Justice

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



cewj




Defense_Unc|ass_Emai|_01 30

02878900
29804

From: Fein, Ashden CPT USA SJA

Sent: Friday, October 22, 2010 8:18 PM

To: 'Kemkes, Matthew MAJ MIL Paul

Bouchard; Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA

subject: Discovery 9 of 14

Attachment: Unclassi?ed Dlscovely (MannirIoB) 351-360.pdf

Ashden Fein

CPT, JA

Chief, Military Justice

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

Defense_UncIass_EmaiI_0131



02878912
29805

From: Fein. Ashden CPT USA SJA

sent: Fn'day, October 22, 2010 8:17 PM

To: ?Kemkes, Matthew MAJ MIL Paul

Bouchatd; Morrow Ill. Jooean. CPT USA SJA
Subject: Discovery 8 of 14
Attachments: Unclassi?ed Discovery (ManningB) 341-350.pdf

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (HDH)
covoui

CELL: -





Defense-_UncIass_Email_0132

02878924
29806

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

8ont: Friday. October 22, 2010 8:17 PM

To: Kemkes, Matthew MAJ MIL Paul

Bouchatd; Morrow Ill. Jooean, CPT USA SJA

Subject: Discovery 7 of 14

Attachments: Unclassified Discovery (ManningB) 331-340.pdf

Ashden Fein
CPI, JA
Chief, Military Justice

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

com:
CELL:

um:


Defense_Unclass_Email_0133

02878936

29807

From:
To:

Subject:
Attachments:

Ashden Fein

CPT, JA

Fein, Ashden CPT USA SJA

Friday. October 22, 2010 8:17 PM

'Kernkes. Matthew MAJ MIL Paul
Bouchard; Morrow JoDean, CPT USA SJA

Discovery 6 of 14

Unclassified Discovery (ManningB) 321-330.pdf

Chief, Military Justice

U.S. Ar-my Military District of Washington (HM)



cm:


?s

Defense_Unclass_Emai|_01 34

02878948

29808

From:

To:

subject:
Attachments:

Ashden Fein

CPT, JA

Fein. Ashden CPT USA SJA

Friday. October 22, 2010 8:17 PM

Kemkes. Matthew MAJ MIL USA: Paul
Bouchard; Monow JoDean, CPT USA SJA

Discovery 5 of 14

Undassi?ed Discovery (Manninge) 311-320.pdf

Chief, Military Justice

U.S. Army Military District of Hashington (DON)

Defense_Unc|ass_Email_01 35

02878960
29809

From: Fein, Asnden CPT USA SJA

sent: Friday. Octobet 22, 2010 8:17 PM

To: Kemkes, Matthew MAJ MIL Paul

Bouchard; Morrow Ill, JoDean, CPT USA SJA
Subject: Discovery 4 of 14
Attachments: Unclassi?ed Discovery (ManningB) 301-310.pdf

Ashden Fein
CPT, JA
Chief, Military Justice

U.S. Amy Military District of Washington (NOW)

caves

rarvruss
sm= ts

Defense_Unciass_EmaiI_01 36

02879218

29810

To:

Subject:
Attachments:

Ashden Fein

CPT, JA

Fein, Ashden CPT USA SJA

F?day, October 22, 2010 8:18 PM

'Kemkes. Matthew MAJ MIL Paul
Bouchard; Morrow Jooean, CPT USA SJA

Discovery 12 of 14

Unclassi?ed Discovery (ManningB) 381 -390.pdf

Chief, Military Justice

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








Defense_Unclass_Emai!_01 37



02879230

29811

From: Fein, Ashden CPT USA SJA

sent: Friday, October 22. 2010 8:18 PM

To: 'Kemkes. Matthew MAJ MIL Paul

Bouchard; Monow JoDean. CPT USA JFHQ-NCRIMDW SJA
Subject: Discovery 11 of 14
Attachments: Unclassi?ed Discovery (Manninga) 371-380.pdf

Ashden Fein
CPT, JA
Chief, Military Justice

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

corvui
CELL: -

sm=

Defense_Unc|ass_Emai|_01 38

02879242

29812

From:
To:

Subject:
Attachments:

Ashden Fein

CPT, JA

Fain, Ashden CPT USA JFHQ-NCRIMDW SJA

Ftiday. October 22. 2010 8:18 PM

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

Discovery 10 of 14

Unclassi?ed Discovety (Manninos) 361-370.pdf

Chief, Military Justice

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



was




Defense_Unc|ass_Email_0139

028791 76

29813

From:
Sent
To:

Subject:
Attachments:

Ashden Fein

CPT, JA

Fein, Ashden CPT USA SJA

Friday, October 22, 2010 8:18 PM

'Kemkes, Matthew MAJ MIL Paul
Bouchard; Morrow JoDean, CPT USA SJA

Discovery 14 of 14

Unclassi?ed Discovery (ManningB) 401-429.pdf

Chief, Military Justice

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



cemj




Defense_U nclass_Emai|_0140

02879206
29814

From: Fein, Ashden CPT USA SJA

sent: Friday. October 22. 2010 8:18 PM

To: 'Kemkos. Matthew MAJ MIL Paul

Bouchatd; Morrow JoDean. CPT USA SJA
Subject: Discovery 13 of 14
Attachments: Unclassi?ed Discovery (ManningB) 391-400.pdf

Ashden Fein
CPT, JA
Chief, Military Justice

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

conrvt
cm:

ti


Defense_Unclass_Emai|_0141

0221 5773




29815

From:

Sent: Tuesday, October 26, 2010 10:21 AM

To: Fein, Ashden CPT USA SJ A

Cc: Morrow JoDean. CPT USA SJA

Matthew kemkes
Paul Boucharde

Subject: RE: Unclassi?ed Discovery Request -
Ashden,

Thank you. I have successfully received all 14 attachments.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Ol?ce: (508) 674-6006

Fax: (508) 324-9896

m3mm

Notice: This l:ransmission, including attachments, may contain confidential attorney-
cllent 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

Defense_Unc|ass_Emai|_0142

02215770
Previously in Encl 1

From:
Sent: Thursday, October 28, 2010 5:00 PM

To: Fein, Ashden cm USA sm
Morrow IH, JoDean, CPT USA A
Cc: Matthew kemkes Paul Bouchard



Subject: Information Assurance Expert
Attach: IA Expert Request.pdf
Ashden - Joe,

I have attached a request for an information assurance expert. Mr. Hall and Mr. Ganiel met with PFC
Manning last Wednesday. Based upon information that they received, they have asked that an IA expert
be appointed to the defense team.

Mr. Hall and Mr. Ganiel believe that one or two more visits with PFC Manning will be needed. They have
not given me a time line for completion of the PCR. They have, however, told me that they are
reasonably con?dent that everyone will need a TS-SCI clearance.

Feel free to call me if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unc|ass_Email__0143



02877853

Previously S?ggni/xted in End 1

From: Fein. Ashden CPT USA SJA

sent: Thursday. October 28. 2010 6:36 PM

To: Morrow Ill, JoDean, CPT USA

SJA
Cc: Matthew kernkes; Paul Bouchand
subject: RE: Information Assurance Expert

Sir,

Thanks. Acknowledged. we owe you answers on this new request and your
subsequent request providing your defense experts with specific information.
we are diligently working the requests.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Nashington (MDH)
COMM: 5

CELL:
NIPR:
SIPR:



Defense_U nclass_Emai|_0144

0221 5768




29818
From:
Sent: Friday, October 29, 2010 7:35 AM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes . Paul Bouchard



oDean, CPT USA

Subject: RE: Information Assurance Expert

Ashden,

Thank you. with regards to the ?ve discs in question, do you have a time line for when the defense
experts might be able to see the discs? Also, as mentioned last week, they will need a T5 standalone
system with a removable hard drive and a place to store it so they can review the material. Mr. Ganiei
suggested that maybe the G-2 at the Pentagon could provide him and Mr. Hall with the work
space/equipment needed. Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744?3007
Office: (508) 674-6006

Fax: (508) 324-9896




Notice: This transmission, including attachments, may contain con?dential attomey-
ciient information and is intendai for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, (moving or use of this
information may be unlawful and is

Defense_Unc|ass__EmaiI_0145

0221 5763

From:
Sent:
To:
Cc:

Subject:
Attach:

Previously in End 1


Friday, October 29,- 2010 4:05 PM

Fein, Ashden CPT USA SJ
Matthew kemke
Zimmerman, Sara J. A JFH -



Defense Discovery Request
Discovery Request - Manning.pdf



Ashden - Joe,

Please see the attached discovery request in preparation for the Article 32. The items requested in sub-
paragraph are for the preliminary classification review. Let me know if you have any questions or

concerns.

Best,
David

David E. Coombs, Bq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896




miIfn.m

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

Defense_Unclass_Email_0146

02070524
Previously s??g?gned in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Friday, October 29, 2010 4:06 PM

To: coonunngannyco r? dekxue.

cc: Matthew kemkes; Zimmennan. Sara J. SGT USA JFHQ-

rrow . 0 an, Q-NCRIMDW SJA

Subject: RE: Defense Discovery Request

Sir,

Are we to assume this supersedes your email request for the items for the

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Nashington (MDW)
COMM:
CELL:
NIPR:
SIPR:



Defense_UncIass_Email_O147

02215761
Previously Sgg?gifted in Encl 1

From:
Sent: Friday, October 29, 2010 4: 16 PM

To: Fein, Ashden CPT USA SJA
Zimmerman, Sara . -
SJA

Subject: RE: Defense Discovery Request



Ashden,

Many of the items are the same, but it does not supersede the earlier request. Let me know if you have
any questions or concerns.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508) 324?9896


Notice: This transrnisslon, 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 prohibited!"

Defense__Unc|ass_EmaiI_0148

02874940
29822

From: Fein, Ashden CPT USA SJA

sent: Sunday, October 31, 2010 11:08 AM

To: Foster. Chuck CIV Autry, Carolyn Ms CIV SJA
Cc: Morrow JoDean, CPT USA Ryan, Elizabeth D. CIV JFHQ-

Herriott David Mr FMMC Krebs, Dale R. CIV
Cheshire, Robert T. CIV Beale, Willie H. CDR USN JFHQ-
Wolfe, Michael A. CIV

Subject: Re: Move safe to (UNCLASSIFIED)

Sir. The two Pocs at ft myer for 229 are MAJ Mat Kemkes and CPT Michelle Borgnino (both
Cced). They are the trial defense services attorneys receiving the safe. Carolyn and I can
assist with coordination but the are the main poc for receiving and placement.

MAJ Kemkes- any guidance for the group. Thanks.

Ashden Fein

CPT, JA
(0)
(C)

Original Message

From: Foster, Chuck CIV 34

To: Fein, Ashden CPT USA Autry, Carolyn Ms CIV SJA

Cc: Morrow JoDean, CPT USA Ryan, Elizabeth D. CIV
Herriott David Mr FMMC Krebs, Dale R. CIV Cheshire, Robert T. CIV
Beale, Willie H. CDR USN Wolfe, Michael A. CIV
J4

Sent: Sun Oct 31 08:55:41 2018

Subject: RE: Move safe to (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

I have a moving team here on Monday, 1 Nov (just got it coordinated at COB on Friday);
would like to move the safe during Monday morning. Is 229 at Myer still the place for
us to offload the safe; also any specific room; ground floor/basement/upper floor?. Movers
will put the safe wherever you designate. what is good timeframe for me to work this into
the schedule for the day; preferably in the morning. will someone be there to show the
movers where to place the safe? will it be difficult for the box truck to access the
building to offload the safe?

Appreciate any such support info you can provide to make this happen smoothly,
efficiently for all parties involved. Thanks,



From: Autry, Carolyn Ms CIV SJA
Sent: Thursday, October 21, 2010 9:52 AM

To: Foster, Chuck CIV 34

Subject: RE: Move safe to (UNCLASSIFIED)
Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_Email_0149

02874940
29823

Mr. Foster, this safe is going to be moved to Fort Myer, are you able to assist with the
movement?



From: Foster, Chuck CIV 34

sent: Friday, October 08, 2610 4:39 PM

To: Autry, Carolyn Ms CIV SJA

Cc: Ryan, Elizabeth D. CIV Krebs, Dale R. CIV Cheshire,
Robert T. CIV J4

Subject: RE: Move safe to (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO

How are you intending to move this heavy safe to SJA area? Does this go on 1st or 3rd
floor? How soon are you expecting to move the safe? I should have a moving team here in
next couple of weeks if you want them to move it for you. If you are planning on moving it
within SJA resources, please let me know so I don't think I need to be arranging to make it
happen. Thanks,

Chuck Foster

Charles N. Foster, P.E.
Engr/Planner,



From: Ryan, Elizabeth D. CIV J3
I Sent: Sunday, October 10, 2010 1:36 PM
To: Herriott David Mr FMMC Fein, Ashden CPT USA Foster, Chuck CIV
Autry, Carolyn 0 Ms CIV SJA
Cc: Krebs, Dale R. CIV Cheshire, Robert T. CIV Morrow
- JoDean, CPT USA SJA
I Subject: RE: Move sate to (UNCLASSIFIED)
I Classification: UNCLASSIFIED
Caveats: FOUO



Dave, Thanks for your assistance as always. Appreciate your input - looks like everything
is on track.

CPT Fein, Thanks For weighing in on these emails. we want to ensure that we have followed
all guidelines and it looks as though you have everything under control.

V/r Elizabeth

Elizabeth D. Ryan

Command Security Manager/SSR
District of Washington

cowl:

os~=
FAX (U) 1


Herriott. David Mr usA Mon to

Sent: Sunday, October 10, 2010 1:25 PM

Defense_Undass_EmaiI_0149

02874940
29824

To: Fein, Ashden CPT USA Ryan, Elizabeth D. CIV Foster,
Chuck CIV Autry, Carolyn Ms CIV SJA

Cc: Krebs, Dale R. CIV Cheshire, Robert T. CIV Morrow
JoDean, CPT USA SJA

Subject: Re: Move safe to (UNCLASSIFIED)

Sir, Thanks for the update the safe will meet your requirements. If you need me to set a
combination after it's moved please let me know? Additionally, I can look at your building
door locks and key control?

Thanks,

Dave

David C. Herriott

Sr. Physical Security Specialist
Directorate of Emergency Services and
Executive Management Office

108 Sheridan Avenue

Fort Myer, VA 22211

Re?ne
?ce11/eiackberry

Original Message

From: Fein, Ashden CPT USA SJA
To: Ryan, Elizabeth D. CIV J3
David Mr CIV USA Foster, Chuck CIV J4

Autry, Carolyn Ms CIV SJA






nil); Herriott,







3 Cheshire, Robert
Morrow JoDean, CPT USA

CC: Krebs, Dale R. CIV 33
T. CIV J4
SJA
Sent: Sun Oct 19 13:18:18 2010
Subject: Re: Move safe to (UNCLASSIFIED)

All. Thank you. I think there is much confusion and we appreciate everyone's help. I briefed
col coffman a few weeks ago because this is for our big new case. If you need affirmative
confirmation we are going to prtesent an order for his signature for this and other aspects
of this case next week.

Because its a four drawer safe we would like assistance from movers. It will be moving from
the storage location at mcnair to the trial defense office at myers. when do tou expect the
movers to be coming?

Thank you all.

Vr ashden
Ashden Fein

CPT, JA
I (0)
I (C)

original Message

From: Ryan, Elizabeth D. CIV J3

To: Herriott David Mr FMMC Foster, Chuck CIV Autry, Carolyn Ms
CIV SJA

Cc: Krebs, Dale R. CIV Cheshire, Robert T. CIV Fein,
Ashden CPT USA Morrow JoDean, CPT USA SJA

Sent: Sun Oct 10 11:36:29 2010

Defense__Unclass__Email_0149

02874940
29825

Subject: RE: Move safe to (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: FOUO

Dave,

Don't you remember that we talked about this last week and you were going to get with
Mike Presley but in the meantime indicated to me that there would not be a problem. Please
check ASAP when you get back to work because SJA is ready to move the safe that will store up
to Secret. The as you recall, is over my the Thrift Shop. Help! I certainly hope that
this is not going to
turn into a major problem. Dale already had a locksmith come out to reset the

r/liz



From: Herriott, David Mr CIV USA IMCOM
Sent: Sunday, October 10, 2016 11:31 AM

To: Ryan, Elizabeth D. CIV Foster, Chuck CIV Autry, Carolyn
Ms CIV SJA

Cc:-Krebs, Dale R. CIV Cheshire, Robert T. CIV Fein, Ashden
CPT USA Morrow JoDean, CPT USA SJA

Subject: Re: Move safe to (UNCLASSIFIED)

Liz, I will need to see who has the keys to the building we may have to rekey! Did this all
ran through COL Coffman, JBM-HH Commander? will this area need to be alarmed? Just want
ensure we cover all requirements.

Thanks,

Dave

David C. Herriott

Sr. Physical Security Specialist
Directorate of Emergency Services and
Executive Management otfice

198 Sheridan Avenue

Fort Myer, VA 22211

_'0?Ff1Ce
--Cell/Blackberry

Original Message

From: Ryan, Elizabeth D. CIV 33
To: Foster, Chuck CIV 34
Ms CIV SJA
Cc: Krebs, Dale Autry, Carolyn

3 Cheshire, Robert T.
en CPT USA
>3 Morrow JoDean, CPT USA SJA

Herriott, David Mr CIV USA IMCOM



Sent: Sun Oct 19 11:21:24 2010
Subject: RE: Move safe to (UNCLASSIFIED)
Classification: UNCLASSIFIED

Caveats: FOUO

Hi Chuck, I imagine that someone has responded to your query below. SJA is going to move
the safe to one of their offices on Fort Myer. CPT Fein and CPT Morrow made the request.
Hopefully they will weigh in on this one. I checked with Dave Herriott who gave "us" an okay
to house the safe in 229, Fort Myer. Trust this email helps a bit!

V/r Liz

Defense_Unciass_Emai|_0149



02874940
29826

Elizabeth D. Ryan
Command Security Manager/SSR
District of Washington

Coml:
DSN:
FAX



From: Foster, Chuck CIV 34

sent: Friday, October 08, 2019 4:39 PM

To: Autry, Carolyn Ms CIV SJA

Cc: Ryan, Elizabeth D. CIV Krebs, Dale R. CIV Cheshire,
Robert T. CIV J4

Subject: RE: Move safe to (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO




How are you intending to move this heavy safe to SJA area? Does this go on 1st or
3rd floor? How soon are you expecting to move the safe? I should have a moving team here in
next couple of weeks if you want them to move it for you. If you are planning on moving it
within SJA resources, please let me know so I don't think I need to be arranging to make it
happen. Thanks,

Chuck Foster

Charles W. Foster, P.E.
Engr/Planner,


H-



From: Krebs, Dale R. CIV 33

sent: Friday, October 08, 2016 2:19 PM

To: Autry, Carolyn Ms CIV SJA

Cc: Foster, Chuck CIV 34; Ryan, Elizabeth D. CIV J3
Subject: RE: Safe Repair (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO

Current projections are they will be here between 1445-1500. If this is a problem, please let
me know?



From: Autry, Carolyn Ms CIV SJA
Sent: Friday, October 98, 2010 11:39 AM

To: Krebs, Dale R. CIV 33
Subject: RE: Safe Repair (UNCLASSIFIED)
Classification: UNCLASSIFIED

Caveats: FOUO

Roger!



From: Krebs, Dale R. CIV 33

sent: Friday, October 08, 2610 11:28 AM

To: Autry, Carolyn Ms CIV Foster, Chuck CIV J4

5

Defense_Unclass_EmaiI_0149

02874940
29827

Cc: Ryan, Elizabeth D. CIV 33
Subject: Safe Repair (UNCLASSIFIED)
Classification: UNCLASSIFIED

Caveats: FOUO

Fedlock should be here to Fix the safe around 1490. Carolyn I will give you a call when he
gets here it should take between 15 -39 minutes to repair. Then all you need to do is show up
with your GPC Card. If you have any questions please give me a call

Mr. Dale R. Krebs

Security Specialist
SMO:
Phone:
DSN:
FAX:
Building 42 Room 29

Fort McNair, DC 20319





Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Undass_Emai|_0149

02215760

Previously in Encl 1



From:

Sent: Monday, November 1, 2010 5:51 PM

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

Morrow oDean, CPT USA A
Hall Cassius Mr FMMC (FTMYER)
Charles Ganiel
Subject: PCR Information
Ashden,

Mr. Hall and Mr. Ganiel need to obtain the following additional information for their PCR. I have cc'd them

on this request.

Please send them the damage assessments that were conducted by the 0CAs in this case. They also want
the SCG used to classify the information. Finally, they have asked for the government computer link to
the video that was allegedly released by PFC Manning.

Feel free to call me if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896




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

Defense_U nclass_Emai|_01 50

02893212

Filename:

From:

Sent:
Subject:

Size:

Defense__Unclass_Email_0151

29829

RE: PCR Information.msg

Fein, Ashden CPT USA
SJA



Monday, November 1, 2010 6:00 PM
RE: PCR Information

49KB (49,664 bytes)

02215757
Previously in Encl 1

From:
Sent: Monday, November I, 2010 9:27 PM

To: Fein, Ashden CPT USA
cm Mwhewkemkes

Morrow Ill, JoDean.
-;_Hall Cassius Mr FMMC






Subject: RE: PCR lnfonnation

Ashden,

I agree with you in principle. However, I think the question becomes ?when are they acting in their

defense capacity?? Given the unique nature of the PCRO, I believe Mr. Hall and Mr. Ganiel are currently
acting in their government capacity. How else can they be expected to conduct a verification review to
accurately determine the dassi?cation level of lnfonnatlon in the case?

Under the PCRO, Mr. Hall and Mr. Ganiel are not only limited in what they can share with the government,
given the fact not everyone on the defense team has the requisite security clearances, they cannot
currently share this information with the defense. However, once they complete their work and determine
the classification level of information involved in the case, then appropriate steps will be taken to ensure
everyone involved in the case has the requisite clearances.

After this is done, then the defense will be able to discuss with our client any lnforrnatlon that was shared
with Mr. Hall and Mr. Ganiel. Additionally, Mr. Hall and Mr. Ganiel will be able to discuss this
same information with the defense team.

Does this make sense to you? I am free tomorrow anytime after 1500 for a telephone conversation.

Best,

David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?cez (508) 674-6006

Fax: (503) 324-9896




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

Defense_Unclass_Emai|_01 52

02893211

Filename:

From:

Sent:
Subject:

Size:

Defense_Unclass_EmaiI_0153

29831

RE: PCR Information.msg

Fein, Ashden CPT USA

SJA

Tuesday, November 2, 2010 8:45 AM
RE: PCR Information

54KB (54,272 bytes)

02889862

Previously in Encl 1

From:
Sent
To:
Cc:

Sub?un:

Dale,

Fein, Ashden CPT USA SJA

Tuesday, November 02, 2010 12:29 PM

Krebs, Dale R. CIV J3

Kemkes. Matthew MAJ MIL Ryan, Elizabeth D. CIV Autry.
Carolyn Mr CIV USA Morrow Ill, JoDean, CPT USA
Borgnino, Michelle CPT MIL

Safe Moving!

Thank you very much for the assistance with acquiring the safe and moving the safe! The

defense attorneys now have their own safe and we can keep progressing forward.
combination, MAJ Matt Kemkes (Senior Defense Counsel) will set/sign For the combo.
likely contact you shortly to determine what the combo is, to start using the safe.
Thank you again!

CCed .

CPT Fein

Ashden Fein

CPT, JA

As for the
He will
He is

Chief, Military Justice

U.S. Army Military District on? Washington (MDH)



cm:

NIPR:

SIPR:

Tracking:

Defense_Unclass_Email_0154

02904191
Previously in End 1

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, November 02, 2010 7:04 PM
To:

Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA JFHQ-
Haberland, John CPT USA Regimental Judge Advocate; Rose, Luke CPT
USD-C SJA Chief, Military Justice; Zimmerman. Sara J. SGT USA JFHQ- SJA

Subject: Defense Requests Updates (US v. Manning)
Attachments: Memo for Brig - Defense Team Members (ManningB).pdf
Sir,

Below is a summary of our conversation and answers to your recent email requests. Please
mail or deliver the original Protective Order acknowledgments to this office, as soon as
possible. If you won't be able to mail the original in the next week, then please send us a
digital copy with the original to follow.

Email, 21 Oct 19 (PCR Request)

OBE

Memo Attached.

we will turn over in the next few days.

we believe this information is irrelevant for the purposes of the PCR. The experts
should focus solely on the substantive information.

we will provide your experts with hard copies of the security classification guides in
effect at the time the accused was in Iraq. They will be hardcopies provided after the Army
G2 approval.

(1) Five disks- we will not turn over these disks. They require OCA approval; however they
are currently classified no higher than SECRET. This is a derivative classification done by
CID based on the information contained within the reports that were on the discs.

Stand alone computers-we are currently working on obtaining authorization from the G-2
of the Army to allow the defense experts to utilize JNICS and SIPRNET in order to conduct the
PCR. This authorization will also include an exception to policy that will allow the defense
experts to use external hard drives on these classified information systems in order to
segregate and store confidential defense information. INSCOM will provide storage space for
the defense above the SECRET level.

Email, 28 Oct 10 (IA Request)

- Based on the justification provided by the security experts, we do not believe an IA
expert is necessary for the purposes of the PCR. The experts should focus solely on the
substantive information. An IA expert may be necessary at a later date, depending on the
justification provided by the defense.

- You will approach this subject again with your experts to see if they actually require an
IA expert to conduct the PCR based on the accused's debriefing and their research of the
substantive information.

Email, 29 Oct 16 (PCR Review)
- See of Email (21 Oct 10) response above.

Defense Discovery Request, 29 Oct 16
- This is an on-going discovery request, we will fulfill as appropriate.

Email, 1 Nov 19 (PCR Review)

- To our knowledge, no OCA has conducted any damage assessment with respect to the
compromise material in this case.

Defense_UncIass_EmaiI_0155

02904191
Previously S?u?aggilted in Encl 1

- we do not have a computer link to the video that was allegedly released by PFC Manning,
although we believe that this isn?t necessarily necessary to conduct the PCR, based on the
SCGs we will provide.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)
COMM:
CELL:
NIPR
SIPR



Tracking:

Defense_Unc|ass_Emai|_01 55

02215756
29835

From:
Sent: Thursday, November 4, 2010 4:40 PM

To: Fein, Ashden CPT USA SJA

Matthew kemkes
Morrow 111, JoDean, CPT USA JFHQ-N SJA

Haberland, John CPT USA Regimental
Rose,Luke CPT USD-C SJ A
Zimmennan, Sara J. SGT USA








Judge A vocate
Chief,Military Justice
JFHQ- SJA

Subject: Update

Ashden,

I have requested my co-counsel to ?ll out the acknowledgement to the Protective Order and to give it to
you when they return from New Developments. I will email a copy of my signed acknowledgement to you
tomorrow, and will either mail or drop off the original.

Today, I spoke with Mr. Hall and Mr. Ganiel. I explained to them the government's determination
regarding the requested information about the TSCIF and the five discs. I also explained the
government's position that their PCR should focus solely on the substantive information that they receive
from PFC Manning. Based upon this information, Mr. Hall and Mr. Ganiel will stop their work until

they receive authorization to access to JWICS and SIPRNH for the PCR. Please let me know the expected
time line for this decision so that I may inform Mr. Hall and Mr. Ganiel.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896

rm i I .



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

Defense_Unclass_EmaiI_01 56



02886170

29836

Fawn:
Sent
To:
Cc:

Subject:

Sir,

Fein, Ashden CPT USA SJA

Friday, November 05. 2010 12:42 PM

coonuxngannycounnu?akxensecon1

Matthew xemkes?; Morrow m. JoDean, CPT USA amo-
NCRIMDW Habenand, John CPT USA Regimental Judge Advocate; Rose,Luke CPT
USD-C SJA ChIef,MiIitary Justlce: Zlmmetman. Sara J. SGT USA JFHQ- SJA

RE:Luxkne

we expect the convening authority to have an answer from the Army 62 NLT

Mon/Tue of next week.

He will then present the appropriate documents to the

convening authority for his signature.

Ashden

Ashden Fein
CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_Unc|ass_EmaiI_01 57



02215752
29837

From:
Sent: Monday, November 8, 2010 I PM
To: Fein, Ashden CPT USA SJA

Morrow Ill, JoDean, -
Habcrland, John CPT USA Regimental
Rose.Luke CPT USD-C SJ A








Chief.Military Justice Zimmennan, Sara J. SGT USA
JFHQ- SJA
Subject: RE: Unclassi?ed Discovery (US v. Manning)
Attach: Coombs - Protective Order.pdf; Bouchard Protective Order.J PG
Ashden,

The unclassi?ed discovery that you sent Friday contained con?dential information (000449). This -
information cannot be sent over According to Mr. Ganiel, you need to report this violation to
your IA, and have this information removed from the and the computers that received the
documentation. You should then renumber the unclassified discovery, and resend the document.

This is the second time that we have had an unauthorized release of information by the government. I
want to ensure that we are doing everything we can to avoid having future such instances especially by
the defense. Please request that the convening authority act on the defense IA request. I understand
that your position is that the request is not ripe, but I believe recent events indicate the need for an IA
expert for both the defense and the government.

I have also attached the signed protective orders by CPT Bouchard and myself. MAJ Kemkes should be
sending his shortly. Feel free to call me if you have any questions.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896




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

Defense_Unclass_Emai|_0158

0221 5748
29838

From:

Sent: Monday, November 8. 2010 2:12 PM

To: Fein. Ashden CPT USA SJA
Cc: Matthew kemkes

Morrow JoDean, CPT USA SJA
Haberland, John CPT USA Regimental
Rose,Luke CPT USD-C SJA








Judge Advocate

Chief,Mi|itary Justice ,Zimmennan. Sara J. SGT USA
IFHQ- SJA
Subject: RE: Unclassi?ed Discovery (US v. Manning)
Attach: Coombs - Protective Orderpdf; Bouchard Protective Order.J PG
Ashden,

The unclassified discovery that you sent Friday contained con?dential information (000449). This
information cannot be sent over According to Mr. Ganlel, you need to report this violation to
your IA, and have this lnfomiation removed from the and the computers that received the
documentation. You should then renumber the unclassified discovery, and resend the document.

This is the second time that we have had an unauthorized release of information by the government. I
want to ensure that we are doing everything we can to avoid having future such instances - especially by
the defense. Please request that the convening authority act on the defense IA request. I understand
that your position is that the request is not ripe, but I believe recent events indicate the need for an IA
expert for both the defense and the government.

I have also attached the signed protective orders by Bouchard and myself. MAJ Kemkes should be
sending his shortly. Feel free to call me if you have any questions.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896




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

Defense_U nclass_Email_01 59

02216933

From:
Sent:
To:
Cc:

Subject:
Attach:

29839

xemkes. Manhew 1 MM Mm usA

Monday, November 8, 2010 2:59 PM

Fein, Ashden CPT USA SJA
Morrow .loDean, CPT USA
Haberland, John CPT MIL USA

Rose,Luke
CPT USD-C SJA Chief,Military Justice Zimmerman.
Sara J. SGT USA JFHQ- SJA
RE: Unclassi?ed Discoveiy (US v. Manning) (UNCLASSIFIED)

Acknowledgment of Protective Order - Kemkes.pdf





SJA





Classi?cation: UNCLASSIFIED 5

Caveats: FOU0

CPT Fein,

Please find my acknowledgment attached. I'll give you the original the next time I'm at Fon McNair.

Respectfully,
MAJ Kemkes

Defense_Unc|ass_Email_016O

02886758

29840
From: Fein, Ashden CPT USA SJA
Sent: Monday. November 08, 2010 3:38 PM
To:
Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA JFHQ-

a a A Regimental Judge Advocate; Rose,Luke CPT
USD-C SJA Chief.MiIitary Justice: Zimmerman. Sara J. SGT USA JFHQ- SJA
subject: RE: Unclassi?ed Discovety (US v. Manning)

Sir. we acknowledge the error and are working to remedy the situation with
our Security and IA personnel. He will reevaluate the IA request, although we
do not concede that the current issue is prima facie evidence for the need of
an IA expert at this time. Your security experts were able to identify an
issue and brought to your attention. Thank you for the protective orders. we
are working to get the signed Army 62 authorization and an updated Discovery
Answer (430-449) sent out to you, once the security folks give us a green
light.

All other persons on this email, please delete the previous email and then
delete it from your ?Deleted Items.? Thank you.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MON)
COMM:
CELL:
NIPR:
SIPR:



Defense_Unclass_Emai|_0161

02215745
29841

From: Bouchatd, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel
I

Sent: ay, ovem :33 AM

To: Fein. Ashden CPT USA SJA

subject: RE: Unclassified Discovery

Siam Bv=



Ashden:

I know Mr. Coonbs e-mailed you my acknowledgment of Protective Order for
Classified Information, but I need to mail you my original copy. what is your
address?

Please let me know asap. I'll mail it to you right away. You should get it in
7-8 days.

Thanks,
Paul

CPT Paul Bouchard
Senior Defense Counsel
Camp Liberty, Iraq
DSN:
Svoip:



Defense_UncIass_EmaiI_0162

02886753

29842

From:
Sent:
To:

Cc:
Subject:

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, November 10, 2010 7:26 AM

Boucham, Paul R. CPT USO-C DSTB CO TDS Sr Defense Counsel
Zimmerman, Sara J. SGT USA JFHQ- SJA

RE: Unclassi?ed Discovery (US v. Manning)

SGT - please send info. Thanks.

Ashden Fein
CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_Unclass_Email_0163





02886766

Defense_Unclass_Emai|_O164

29843
From: Fein, Ashden CPT USA SJA

Sent: Wednesday, November 10, 2010 1:04 PM

To:

cc: Matthew kemkes; Morrow m, JoDean, CPT USA JFHQ-

Haberland, John CPT USA Regimental Judge Advocate; Rose,Luke CPT
USD-C SJA Chief,Mi|itary Justice; Zimmerman, Sara J. SGT USA JFHQ- SJA

Subject: Unclassi?ed Discovery IS Authonzation (US v. Manning)

Attachments: 10-Nov-10-Arrny G2 Approval Memo (ManningB).pdf; Request for
Defense Access to lnforrnation Systems (ManningB).pdf; Supplemental
Guidance to PCR (ManningB).pdf; Unclassi?ed Discovery (000430-000450) (ManningB).pdf;
10-Nov-10-Excludable Delay Memorandum (ManningB).pdf

Sir. we are still working the IA expert consultant request to determine
availability. we expect to present this request to the convening authority at
our next appointment. Attached are the Following documents:

1. Unclassified Discovery (430-450). This is the sanitized version without
the Facially classified document. More to Follow on the procedures that must
be Followed based on the previous email.

2. Army G2 approval Memos. These is the approval for your security
expert consultants to use SIPR JNICS, along with harddrives, etc. for the
PCR.

3. Excludable Delay Memo. Memo signed by the excluding the time since
the last memo to today as excludable time under RCM 707.

Have a good Veterans Day.

Ashden

Ashden Fein

CPT, JA
Chief, Military Justice

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

COMM:
CELL:
NIPR:
SIPR:



Tracking:

1

02215743

From:

To:

Cc:

Subject:
Signed By:

Dear Mr. Hahl:

29844

Bouchard, Paul R. CPT USD-C DSTB 8 CO TDS Sr Defense Counsel

y, ove AM

JIOCC OMB: Matthew kemkes; Morrow Jooean, CPT USA
Habenand, John CPT USA Regimental Judge Advocate; Rose, Luke CPT USD-C SJA
Chief. Militaty Justice: Zlmmennan. Sara J. SGT USA JFHQ- Fem. Ashden
CPT USA SJA

Bradley, Corey L. COL USA JFHQ-NCRIMDW Brooks. Frank K. COL USAF JFHQ-
NCRINDW Daniel, Henry Jr. CIV Dowling. Lany CIV JFHQ-
J6

RE: Classi?ed Spillane Inci - (US V. Manning) (UNCLASSIFIED)

I have completed steps 1 and 2 regarding the classified spillage incident. I
have called our incident assurance rep (step 3), and I'm waiting to hear

back from then.

I will keep you posted.

Respectfully,
CPT Bouchard

CPT Paul Bouchard

. Senior Defense Counsel

Camp Liberty, Iraq

DSN:
Svoip:

Defense_U nclass_EmaiI_0165

02215739
29845

From: Bouchatd, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel
I

sent: Thursday. November 11. 1 3: AM

To: Fein, Ashden CPT USA SJA

Cc: Zimmennan. Sara J. SGT USA JFHQ- SJA

Subject: RE: Unclassi?ed Discovery (US v. Manning)

Signed By:

SGT Zilmernanz

I need CPT Fein's address (physical address and not email address) because I
need to nail his a form. Please send nae his address at your earliest
convenience.

Thank you, and happy Veterans Day.
Respectfully,

CPT Paul Bouchard

CPT Paul Bouchard
Senior Defense Counsel
Camp Liberty, Iraq
DSN:
Svoip:



Defense_Unclass_Emai|_0166
1

0221 5737

29846

From:

To:

Cc:

Subject:
Signed By:

Mr. Hahlz

Bouchard. Paul R. CPT USD-C DSTB 8 CO TDS Sr Defense Counsel

In
ay, vem :41 AM

JIOCC Matthew kemkes; Morrow Ill, Jooean, CPT USA
SJA: Haberland, John CPT USA Regimental Judge Advocate; Rose, Luke CPT USD-C SJA
Chief. Military Justice; Zimmerman. Sara J. SGT USA JFHQ- NCRIMDW SJA: Fain. Ashden
CPT USA SJA

Bradley, Corey L. COL USA Brooks, Frank K. COL USAF JFHQ-
J6: Daniel. Henry Jr. CIV Dowling. Lany CIV JFHQ-
J6

RE: Classi?ed Spillane Incident - (US V. Manning) (UNCLASSIFIED)

I've completed steps 1, 2, and 3 1n regard to the classified spillage

1nc1dent .

Respectfully,
CPT Bouchard

CPT Paul Bouchard

Senior Defense Counsel

Camp Liberty, Iraq

DSN:
Svoip:

Defense_Unclass_Emai|_O167

02886727

29847

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir.
Veterans Day.

Ashden

Ashden Fein
CPT, JA

Attached to this email are more older documents to complete the record.

Fein, Ashden CPT USA SJA

Thursday, Novemoer11. 2010 7:02 PM



Matthew kemkes; Morrow JoDean, CPT USA JFHQ-
Haberiand, John CP USA egimental Judge Advocate; Rose,Luke CPT
USD-C SJA Chief,Mi|itaiy Justice; Zimmerman, Sara J. SGT USA JFHQ- SJA

Unclassi?ed Discovery (US v. Manning)
Unclassi?ed Discovery (000451-000474) (ManningB).pdf

Happy

Chief, Military Justice
U.S. Army Military District of Washington

COMM:
CELL:
NIPR:
SIPR:

Tracking:

Defense_Unclass_Emai|_0168



02215736
29848

From: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel

Sent: Monday, November 15, 2010 2:11 AM

To: Fein, Ashden CPT USA SJ A

Subject: Request from CPT Bouchard

Ashden:

I didn't get your address from your NCO.
Just want to mail you the Protective Order for classi?ed info.

Thanks.

Paul

CPT Paul Bouchard
Senior Defense Counsel
Camp Libertv. Iran
DSN
Svoip

Defense_UncIass_EmaiI_0169

02890748
29849

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monda . November 15. 2010 6:14 AM

?To:

Cc: onow n. SJA
Subject: Re: Request from CPT Bouchard

Paul. Sorry. It was a 4 day weekend. I am in transit today but I am sure she will send. If
not then let me know.

Ashden Fein
CPT, JA

(C)
2



Defense_Unclass_EmaiI_0170

02215735
29850

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

Sent? Monday, November I5, 2010 7:58 AM

To: Fein, Ashden USA S.

Subject: RE: Request from CPT Bouchard

Roger. No problem Ashden
Laler.
Paul

CPT Paul Bouchard
Senior Defense Counsel



Llbemz Inn

Svoip

Defense_Unclass_Email_0171

02215731

Previously in Encl 1












From:
Sent: Monday, November 15, 2010 2:40 PM
Cc: Matthew kemkes
Morrow oDean, CPT USA SJ A
Haberland, John CPT USA Regimental
Judge Advocate Rose,Luke CPT USD-C SJ A
Chief,Military Justice Zimmerman, Sara . SGT USA
JFHQ- SJA
Subject: Discovery Request
Attach: Discovery Request - 15 Nov.pdf
Ashden,

Thank you for the additional discovery. I hope you enjoyed your Veteran's Day as well. I have attached a
supplemental defense discovery request. Please let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass_Email_0172

02903810

Previously Sgg?ggted in Encl 1

Fnmn:
Sent:
To:
Cc:

Subject:

Sir.

Ashden

Ashden Fein
CPT, JA

Acknowledge receipt.
access they needed? Do they need or want an additional meeting with the Accused?
we would like 4 days notice to coordinate the movement, so please let us know.

Fein, Ashden CPT USA SJA

Tuesday, November 16, 2010 8:40 AM



Matthew kemkes; Morrow JoDean, CPT USA JFHQ-
a a Jo egumental Judge Advocate; Rose,Luke CPT
USD-C SJA Chief.MiIitary Justice; Zimmerman. Sara J. SGT USA JFHQ- SJA
RE: Discovery Request

Did your experts get the appropriate
Ideally,
Thanks.

Any update on the

Chief, Military Justice
U.S. Amy Military District of Washington (NON)

COVM:
CELL:
NIPR:
SIPR:

Defense_U ncIass_EmaiI_01 73



02215729
Previously ed in Encl 1

From:
Sent: Tuesday, November 16, 2010 8:48 AM
To: Fein, Ashden CPT USA SJA

Morrow 0 -
I-laberland, John CPT USA Regimental
Rose,Luke CPT USD-C SJA






Chief,Military Justice Zimmerman. Sara J. SGT USA
IFI-IQ- SJA
Subject: RE: Discovery Request
Ashden,

Mr. Hall and Mr. Ganiel would like to meet with PFC Manning again (ideally this week). They have sent an
email to Mr. Sessorns to try to coordinate such a meeting. I have a feeling, however, that Mr. Sessoms
just controls access to the SCIF. who do we need to coordinate with to arrange for the actual movement
of PFC Manning?

I believe Mr. Hall and Mr. Ganiel have the appropriate access to conduct their PCR. I will let you know if

they raise any concerns with me.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor 3
Fall River, MA 02720
Direct Dial: (401) 744-3007
Of?ce: (508) 674-6006

Fax: (508) 324?9896





Notice: This transmission, including attachments, may contain con?dential attorney-
client infomwation and is intended for the person 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

Defense__Unc|ass_Emai|_O174

02903806

29854

From:
Sent:
To:
Cc:

8ub]ect:

Sir.
location.

Ashden

Ashden Fein
CPT, JA
Chief, Military Justice

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



COMM:
CELL:
NIPR:
SIPR:

Defense_U ncIass_Emai|_0175

Fein, Ashden CPT USA SJA

Tuesday. November 16. 2010 8:49 AM



Matthew kemkes; Monow JoDean, CPT USA JFHQ-
a a egumental Judge Advocate: Rose,Luke CPT
USD-C SJA Chief.MiIitaty Justice; Zimmerman, Sara J. SGT USA JFHQ- SJA
RE: Discovery Request

CPT John Haberland (CCed) will coordinate all travel and with the FIU For the meeting
He will try to setup a meeting for Friday. Thanks.



02886526

29855

From:
sent:
To:
Cc:

Subject:

Sir-
the email.

Fein, Ashden CPT USA SJA

Tuesday, November 16, 2010 3:42 PM

Koblentz, Marc G. MAJ USAF SJA

Matthew kemkes; Morrow JoDean. CPT USA JFHQ-
a an egimenial Judge Advocate; Rose,Luke CPT
USD-C SJA Chief,Mi|itary Justice; Zimmerman, Sara J. SGT USA JFHQ-
Hahl, Michael CIV J6
Unclassi?ed Email

In the CC line is the contact information for all the participants in

All others- Maj Koblentz is the AR 15-6 investigating officer for a security
investigation initiated by the Cos, IVDN in reference to the spillage of

discovery information.

v/r
CPT Fein

Ashden Fein
CPT, JA

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


CELLS



Tracking:

Defense_Unc|ass_Emai|_0176

02908535
29856

From: Fein, Ashden CPT USA SJA
Sent: Thursday, November 18, 2010 4:18 PM

To:
subject: Brig Commo (US v. Manning)

Sir. According to the Brig, PFC Manning has made some comments to the con?nement personnel
about him thinking his communications with you and the defense team are being monitored.
Could you please assure your client that no communications between ya?11 are being monitored,
which is why you meet in a separate room than normal visitors. Thank you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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

can


Sm:

Tracking:

Defense_UncIass_EmaiI_01 77

02215728
29857

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

From:
Sent: Friday, November 19, 2010 2:37 AM

To: Fein, Ashden CPT USA
Subject: Message from CPT Bouchard

Ashen:

Hate to bug you with this, but 1 still haven't received your physical from your NCO.
Just want to mail you the signed form.

Thanks,

Paul

CPT Paul Bouchard

Senior Defense Counsel

Camp Libenv. Iraa
DSN



Svoip

Defense_U ncIass_EmaiI_0178



02896914
29858

From: Fein, Ashden CPT USA SJA

Sent: Friday, November 19, 2010 7:47 AM

To: Bouchand, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel
Subject: RE: Message from CPT Bouchard

Thanks for letting me know. Things have been quite hectic.

Office of the Staff Judge Advocate
103 3rd Avenue SW, Building 32, Suite 396
Fort Lesley J. Mchlair, DC 20319-5058

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unclass_Email_01 79

0221 5726
29859

From: Bouchard. Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel


Sent ay. ven1 .

To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

subject: RE: Message from CPT Bouchard

Signed By:

Thanks, Ashden.
Much appreciated.
Paul

CPT Paul Bouchard

Senior Defense counsel
Camp Liberty, Iraq

DSN:
Svo1p:

Defense_Unc|ass_Email_0180

02215724
29860

From:

Sent: Friday, November 19, 2010 9:24 AM

To: Fein, Ashden CPT USA SJA
Subject: RE: Brig Commo (US v. Manning)

Ashden,

I have heard of the same concern from him, and I understand why he is worried. The guards usually
stand outside of the booth and constantly look in to ensure everything is ?ne. This brings up an issue that
I want to ask for your assistance on.

The defense needs a workable solution to the problem of being able to prepare with PFC Manning. The
con?nement facility will only let me meet with him in their no-contact booths. They also keep his hand
and leg restraints on when he speak with me. Additionally, the entire defense team could never meet
with PFC Manning at the same time under this requirement. I believe the fix is to bring PFC Manning to an
oi?ce that the defense could use either at Quantico or at a nearby TDS office on an Army installation.

I am traveling today, but would like to talk to you about this and some other minor issues on Monday if
you are available. Have a good weekend.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896


.

Notice: This transmission, including attachments, may contain confidential attorney-
cllent 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 prohibit

Defense_Unciass_Email_0181

29861



From: Fein, Ashden CPT USA SJA

sent: Friday. November 19. 2010 9:35 AM

To:

cc: Momow JoDean. CPT USA JFHQ-NCRIMDW SJA
Subject: Re: Brig Commo (Us v. Manning)

Sir. I an available. Let?s chat so we can get the best conditions set. Have a good weekend.

Ashden Fein
CPT, JA

1 (0)
9 (C)

Defense_Unc|ass_Emai|_0182

02886537

Previously in Encl 1

From:
Sent:
To:
Cc:

Subject:
Attachments:

Sir,

Fein, Ashden CPT USA SJA

Friday, November 19, 2010 7:39 PM



Matthew kemkes; Morrow JoDean, CPT USA JFHQ-
Haberiand, John A egimental Judge Advocate; Rose,Luke CPT
USD-C SJA Chief,MiIitary Justice; Zimmerman, Sara J. SGT USA JFHQ- SJA

Unclassi?ed Discovery (US v. Manning)
Unclassi?ed Discovery (000475-000662) (ManningB).pdf

Attached are the CENTCOM security classification guides (SCGs) in effect
during PFC Manning's deployment. The CENTCOM guides are unclassified (FOUO).
Please pass these to your security experts. Also, there is an additional
guide from MNFI which is classified. I just sent an email with the guide
attached to Mr. Ganiel for his and Mr. Hall's use during the PCR. Once the
PCR is complete and we move to get you and the rest of the defense team the
proper authorizations, the guide will be available as part of general

discovery.

I already bates stamped the guide on the classified side. we are

still working the IA expert request. Have a great weekend.

Ashden

Ashden Fein
CPT, JA

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



Tracking:

Defense_Unclass_EmaiI_01 83

02215723
29863

From:
Sent: Monday, November 22, 2010 1:03 PM

To: Fein, Ashden cm USA

Subject: Quick Chat

Ashden,
I am free from 14:00 to 15:00 and then again anytime after 1600. Is there a good time for you?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

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

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896

I



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this 3
information may be unlawful and is

Defense_U nolass_Emai|_01 84

02891965
29864

From: Fein, Ashden CPT USA SJA
Sent: Monday. November 22, 2010 1:21 PM

To:
Subject: Re: Quick Chat

Sir. Let's do after 1600. Thanks.

Ashden Fein
CPT, JA



(C)
-i

Defense__Unclass_EmaiI_01 85

02215721
29865

From:

Sent: Monday, November 22, 2010 PM

To: Fein. Ashden CPT USA SJA
Subject: RE: Quick Chat

Sounds good. I will give you a call at 1600ish.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896




Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this

information may be unlawful and is

Defense_Unclass_Email_01 86

02911162
29866

From: Fein, Ashden CPT USA SJA
Sent: Monday, November 22, 2010 3:59 PM

To:
Subhn: 1630

Sir. are you good wcor 1639? Sorry.

Ashden Fein
CPT, JA
Chief, Military Justice

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

com:

CELL:

m:
sum:

Defense_UncIass_Email_0187

0221 5720
29867

From:

Sent: Monday, November 22, 2OI0 4:07 PM

To: Fein. Ashden CPT USA SJA
Subject: RE: I630

1630 works for me.

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324?9896



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

Defense_Unciass_Email_O188


0221 5716
Previously in Encl 1

From:
Sent: Monday, November 29, 2010 1:40 PM

To: Fein, Ashden cm USA sup

cc= Manhewkemkes
Morrow JoDean, - A

Haberland, John CPT USA Regimental

Rose,Luke CPT USD-C SJ A

Zimmerman, Sara J. SGT USA







8
Chief,Military Justice

JFHQ-
Subject: Investigative Request
Attach: Investigative Expert Request.pdf
Ashden - Joe,

I hope you had a pleasant Thanksgiving. I have attached a request for investigative assistance. I also
wanted to touch base with you on a couple of other issues.

1) I know that you stated you expected to have a new charge sheet in the case. Do you have a idea
when that would occur?

2) Once you are able to raise the issue, can you give me an update on your discussions with Quantico on
the P01 restrictions for PFC Manning? In addition to the issue of not being able to have personal
possessions in his cell, have a pillow, or a sheet - the P01 also prevents him from exercising. Apparently,
the facility is concerned that he would hurt himself if he exercised. If PFC Manning attempts to do push-
ups or any other form of exercise, the guards will immediately instruct him to stop. As I mentioned
before, it appears the command is ignoring the recommendation of Capt Hocter to take PFC Manning off of
P01. I believe the restrictions do rise to the level of Article 13 punishment. I am hoping that you will
make more headway than I did on this issue.

3) Defense Visit: I plan to come to D.C. on December 13 - 16. I am hoping that you can coordinate the
of?ce issue in order to meet with PFC Manning in some location other than the no-contact booths for a
couple of those days. Also, during that time, I would like to sit down with you and Joe to have a
discussion on the case. Is there a good time for the two of you during that week?

4) Computer Forensics: Do you know the results of the computer forensics by SA Robertson and SA
Shaver? If so, when do you believe Mr. Lakes will have access to the hard drives and CID's reports?
Additionally, I understand that you can't share the information with me yet, but I would like to talk to you
about the general results of those reports. Are you available for a discussion sometime this afternoon?

Feel free to call me if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896



Defense__Unclass_Email_0189

02215716
Previously in Encl 1

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

Defense_Unclass_Email__01 89

02900540

From:
sent:
To:
Cc:

Subject:

Previously in Encl 1

Fain, Ashden CPT USA JFHQ-NCRIMDW SJA

Monday, November 29, 2010 6:26 PM



Matthew kemkes; Morrow Ill. Jooean. CPT USA JFHQ-
9 a egumental Judge Advocate; 'Iuke.rose@mnd-
b.anny.mil'; Zimmerman. Sara J. SGT USA JFHQ- NCRIMDW SJA

Re: Investigative Request

Sir. Sorry we didn't get back to you sooner. Been incredibly busy today as you can imagine.
will you be available around 1630 tomorrow morning?

Ashden Fein
CPT, JA



(C)
-i

Defense_Unclass_Emai|_019O

02215713
29871

From:
Sent: Monday, November 29, 2010 7:22 PM

To: rem, Ashden cm USA sm

Cc:
Morrow JoDean, CPT USA SJA
I-Iaberland, John CPT USA Regimental




ge vocate
Zimmerman. Sara J. SGT USA JFHQ- SJA

Subject: RE: Investigative Request

10:30 works for me.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unc|ass_EmaiI_0191

02215712
29872

rom: coombs@armycourtmarti aldefensecom
Sent: Tuesday, November 30, 2010 12:30 PM
To: John Haberland
Cc: Fein, Ashden CPT USA IF SJ A

Morrow oDean, CPT USA SJ A
Matthew kemkes

i

Subject: Manning Visit at Fort Belvoir

John,

I have been told that you are the man in order to coordinate transportation of PFC Manning to Fort
Belvoir. I would like to meet with PFC Manning on the 14th and 15th of December starting at 0900 if

possible.
I have a few administrative issues that I would appreciate clari?cation on:

1) Could you tell me where I will be meeting PFC Manning on both of those days? Is at the TDS offices,
the SJA or some other building? will I have the ability to print documents and make copies?

2) I anticipate that our meeting on each day will last most of the day. The unit may want to coordinate
lunch for the escorts and Manning on both of those days.

3) Will PFC Manning be allowed to have the hand and leg restraints removed while in the office with me
and the defense team?

4) will he be transported in I do not want him to be shuf?ed into a building while still wearing a
prison jump suit. I envision a photo being taken of him and then ending up in the media.

Please feel free to call me if you need any additional information from me.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass_Emai|_0192

02898259
29873

From: Fein, Ashden CPT USA SJA

sent: Tuesday. November 30. 2010 12:35 PM

To: John Haberiand

cc: Morrow Jooean, CPT USA JFHQ-NCRIMDW Matthew kemkes; Paul Bouchard

subject: RE: Manning Visit at Fort Belvoir
I

Sir. As far as the jump suit, there should be no issue with that. The FIU is on a portion
of FGVA not readily available to the public.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (mu)
COVH:
CELL:
NIPR
SIPR



Defense_Unc|ass__Emai|_0193



0221 5709

29874





From:
Sent: Tuesday. November 30. 2010 12:4! PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow JoDean, CPT USA SJA
Matthew kemkes
an ouchardm

a er an -
Subject: RE: Manning Visit at Fort Belvoir
Ashden,

I don't feel comfortable with defense counsel meetings at the FIU. why not just the TDS offices or an
office that is under the SJA control but not currently being used? Also, it is much easier to avoid the
whole issue by just placing him in ACUs before his leaves with the unit escort.

Best,
David

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674?6006

Fax: (508) 324?9896



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended

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

Defense_Unclass_Emai|_0194

0221 5706
29875

From:

Sent: Tuesday, November 30, 20l0 12:50 PM

To: Fein, Ashden CPT USA SJA
Cc: Morrow JoDean, CPT USA IF SJA

Matthew kemkes


Paul Bouchard
Habcrlan

Subject: RE: Manning Visit at Fort Belvoir

Ashden,

I want to have our client meetings at MAJ Kemkes' office. In any other case where a soldier is in PTC, MAJ
Kemkes could ask the unit to have him/her brought to his office for pretrial preparations. Additionally,
when the soldier is brought to see his TDS counsel, he is always In ACUs. PFC Manning should not be any
different.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unc|ass_Emai|_0195

02898255

Fnmn:
Sent
To:
Cc:

subnun:

Sir,

29876

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Tuesday, November 30. 2010 1:03 PM



Morrow Jooean. CPT USA Matthew kemkes; Paul Bouchard:
John Habenand

RE: Manning Visit at Fort Belvoir

He will look into your requests regarding the location and uniform; however unlike other

clients of MAJ Kemkes, your client is in a Maximum Custody status.

The FIU provides physical

security and a more secluded environment to provide you, your team, and your client the most
flexibility and the most room to sit down and freely discuss the case. I do not know what
changed between our phone conversation and now, but we consider the Flu the best location
because of the previously conducted security rehearsals with the escorts and MP5, as well as,

the physical security concerns.

to Quantico.

The FIU affords the most privacy and security and is closer

Also, once the authority is granted for classified discussions, MAJ Kemkes office will be an
issue if someone is within ear shot of the discussions and does not have a clearance or need

to KNOW .

This will not occur at the FIU.
portion of FBVA and is in a remote location.

Just to be clear, the FIU is on the Northern
The facility is actually underground and has

very few to no inhabitants because the agents are mostly TDY.

Ashden

Ashden Fein
CPT, JA

Chief, Military Justice



Defense_Unclass__Emai|_0196

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



02215701

Previously Siggyiitted in Encl 1




From:
Sent: Tuesday, November 30, 20l0 1:22 PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow JoDcan, CPT USA SJA
Matthew kernkes
Paul aoucnard
John Haberland

Subject: RE: Manning Visit at Fort Belvoir
Ashden,

I am son'y, but I did not hear you mentioned having the defense meetings at the FIU building during our
earlier conversation. I may have missed that being said due to the fact that occasionally you and Joe
cancel each other out by being on speaker-phone. Had I heard you say this, I would have told you that I
didn't think that was a good idea.

I understand that PFC Manning is on maximum custody. He really shouldn't be however. Also, I have had
other clients, most notably SGT Akbar, that were on maximum custody but still brought to the TDS or?ces
for pretrial preparation meetings.

Additionally, the concern over others being within ear shot during defense discussions can be address by
me and MAJ Kemkes. This would not be a basis for the defense deciding to use the FIU building. I
concurred with the use of the FIU for the PCR because it was the right thing to do, and the appearance
issue could be managed. Asking TDS and myself to use the FIU to conduct our defense preparations is
something that just looks bad and is a nonstarter.

Please make the arrangements to have PFC Manning brought to MAJ Kemkes' office in ACUs. If you feel
that this is an unreasonable request or are inclined to not support the request, please let me know.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896





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

Defense_Unclass_EmaiI_0197

02898249
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Tuesday, November 30, 2010 1:33 PM

To:

Cc: Monow JoDean. CPT USA Matthew kemkes: Paul Bouchard;

John Haberland
Subject: RE: Manning Visit at Fan Belvoir

Sir. I understand your concerns and that FIU was originally chosen because it?s a SCIF as
well. we are reviewing the Brig policies and will make every effort to make this happen,
within the confines of the rules. Also for the uniform issue, the Soldiers in the NCR that
show up to defense counsel's office in uniform, do so after the unit takes them back to the
unit and allows them to change. This might still be able to occur, but would you prefer your
client to go to the unit and change first, or go directly to TDS and change there? For Ft
Myer, the TDS office is more remote and provides your client more privacy than the HHC, USAG
company area.

we will continue to work this issue.

Ashden

Ashden Fein

CPT, JA

Chief, Hilitary Justice

U.S. Army Military District of washington (MDN)
COMM: 3

CELL:
NIPR:
SIPR:



Defense_Unclass_Emai|_0198

29879



From:



Sent: Wednesday, December 1, 2010 7:47 AM
To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill, JoDean, CPT USA SJA
Matthew kemkes
8"
er an

Subject: RE: Manning Visit at Fort Belvoir
Ashden,

I know the Quantico does not allow PFC Manning to leave in a service unlfonn unless he is going to an
Article 32 or a court-martial hearing. I recommend treating PFC Manning like any other PTC. Have him
taken to the unit, change into ACUs, and then bring him to MAJ Kemkes' office at Myer.

I asked PFC Manning's aunt about his uniforms, and she told me that she does not have any. I will
continue to see if I can't locate the uniforms.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896
g?e?emm


"?**ConfidentJ?ality 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

Defense_Unclass_EmaiI_0199

29880

From: Fein. Ashden CPT USA SJA

sent: Wednesday. December 01. 2010 7:49 AM

To:

Cc: Monow Jooean, CPT USA Matthew kemkes; Paul Bouchatd;

John Haberland
Subject: RE: Manning Visit at Fort Belvoir

Sir. Thanks. The unit will ensure he has the proper uniforms and we will have an answer
within the week on how we will move, clothe, and restrain PFC Manning when he leaves Quantico
and meets with your team at Ft Myer.

Ashden

Ashden Fein

CPI, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MUN)
COMM:
CELL:
NIPR
SIPR



Defense_Unclass_Email_0200

02204737
29881

Morrow Ill, JoDean. CPT USA SJA

From:
Sent: Wednesday, December 1. 2010 8:57 AM
To: Fein, Ashden CPT USA IF
SJA

Cc: Matthew kemkes Paul Bouchard

0 a and
Subject: RE: Manning Visit at Fort Belvoir (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir.
We located his Class As and other uniforms and are working on getting them to the unit.

CPT Joe Monow

Trial Counsel

US Annv Militan District of Wxhington
Phone
NIPR:





Defense_Unclass_Email_0201

02215694

29882
rom:
Sent: Friday, December 3, 2010 5:16 PM
To: Fein, Ashden USA sm
Cc: Morrow IH, JoDean, CPT USA SJA

Matthew kemkes




a er an
Subject: POI Issue

Ashden,

I was wondering if you had an update on the POI issue with PFC Manning. I have spoken with the
con?nement facility about PFC Manning's alleged behavior. The report concerning the "licking" was
apparently from one guard.

Capt. Hocter saw PFC Manning on Thursday. It is my understanding that after speaking with PFC
Manning, he is still recommending that the POI restrictions be lifted. As mentioned earlier, given the
recommendation of Capt. Hocter, I do not believe the confinement facility has a legitimate non-punitive
basis to keep PFC Manning on the P01 status. Additionally, it is my understanding that other than in this
instance, the con?nement facility has never had anyone under POI restrictions for this length of

time. This fact also cuts against a legitimate non-punitive basis.

I am hoping that this issue can be resolved in the short term. Let me know if you have any questions or
concerns.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674?6006

Fax: (508)324-9896




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

Defense_Unclass_Email_0202

02892935

Filenamez

From:

Sent
Subject:

Size:

Defense_Unclass_Email_0203

29883

Re: POI Issue.msg

Fein, Ashden CPT USA
SJA



Friday, December 3, 2010 6:01 PM
Re: POI Issue

37KB (36,864 bytes)

02215690
29884

From: coombs@armycourtmarti aldefensecom

Sent: Wednesday, December 8, 2010 11:51 AM

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



?M==mheW kemkes

Subject: Update
Attach: Defense Discovery - 8 Dec .pdf
Ashden,

I wanted to con?rm that the government has made the necessary transportation arrangements to have
PFC Manning sent to Fort Myer on the 14th and 15th. Also, how is the P01 issue coming along? My
understanding is that Capt. Hocter is still recommending that the P01 be lifted. Finally, I have attached an
additional defense discovery request. Let me know if you have any questions or concerns.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508)324-9896

rm i I .



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

Defense_Unc|ass_Email_0204

02204226
29885

From: Haberland, John MIL us_

Sent: Wednesday, December 8, 2010 I :53 PM
To: Fein. Ashden CPT USA
SJA
Cc: Morrow Ill, JoDean, CPT USA SJA
Matthew kemkes
Subject: RE: Update (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir,

We are prepared for the movement on 14 and 15 December. PFC Manning will be at the TDS Office on Fort Myer at
0900 each day. If possible I would like to give the escorts and the Brig a completion time so that they can determine if
they need to feed PFC Manning dinner or not.

Thank you for your help, Sir.

Very Respectfully,

CPT John B. Haberland

Regimental Judge Advocate

3rd U.S. infantry Regiment (The Old Guard)
Office:
BB:
Cell:
Building 242, Fort Myer, Virginia 22211






Defense_Unc|ass__Emai|_0205

02215688
29886



From:

Sent: Wednesday, December 8, 2010 2:03 PM

To: Haberland,John CPT MIL USA

Cc: Morrow JoDean, CPT USA SJA

Matthew kemkes
Fein, Ashden CPT

Subject: RE: Update (UNCLASSIFIED)

John,

Thank you for the quick reply. Let's plan on completing on both days by 1500. would that work for the
government?

Best,

David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

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

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

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

-- Original Message

Subject: RE: Update (UNCLASSIFIED)

From: ?HaberIand, John MIL
Date: Wed, December 08, 2010 1:52 pm

"Fein,Ashden CPT USA







Cc: "Morrow USA SJ
-. "Kemkes. Matthew MAJ MIL





Classi?cation: UNCLASSIFIED
Caveats: OUO

Sir,

We are prepared for the movement on 14 and 15 December. PFC Manning will be at the TDS Office on Fort
Myer at 0900 each day. If possible I would like to give the escorts and the Brig a completion time so that they
can determine if they need to feed PFC Manning dinner or not.

Thank you for your help, Sir.

Defense_Unclass_EmaiI_O206

0221 5688
29887

Very Respectfully,

B. Haberland

Regimental Judge Advocate

3rd U.S. infantry Regiment (The Old Guard)
Office:
88:
Cell
Building 242, Fort Myer, Virginia 22211

NIPR:

SIPR:

From:
Sent: Wednesday, December 08, 2010 11:51 AM

To: Fein,/tshden CPT USA SJA

Cc: Morrow USA Kemkes, Matthew MAJ MIL

Haberland, John CPT MIL USA
Subject: Update

Ashden,











I wanted to con?rm that the government has made the necessary transportation arrangements to
have PFC Manning sent to Fort Myer on the 14th and 15th. Also, how is the P01 issue coming
along? My understanding is that Capt. Hocter is still recommending that the POI be lifted.

Finally, I have attached an additional defense discovery request. Let me know if you have any
questions or concerns.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896



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

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_EmaiI_0206

02204223

29888

From: Haberland, John cm MIL USA

Sent: Wednesday. December 8, 2010 2:05 PM
To:
Cc: Morrow JoDean, CPT USA SJA





Matthew kemkes
Fein, Ashden CPT

AJFH -N DW JA
Subject: RE: Update (UNCLASSIFIED)



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Roger Sir, that will be fine.

Very Respectfully,

CPT John B. Haberland

Regimental Judge Advocate

3rd U.S. Infantry Regiment (The Old Guard)
Office:
BB:
Cell:(
Building 242, Fort Myer, Virginia 22211
NIPR:
SIPR:







Defense_Unclass_Emai|_0207

02886057
29889

From: Fain, Ashden CPT USA SJA

sent: Wednesday. December 08. 2010 2:52 PM

To:
Cc: . n. Matthew kemkes;
subject: Re: Update (UNCLASSIFIED)

Sir. We jus picked up his uniforms so he will be able to change.

Ashden Fein
CPT, JA

(C)


Defense_Unc|ass_Email_0208

e__J

028861 89

Subuact

Sir,

Thank you.
immediately.

v/r
Ashden

Ashden Fein
CPI, JA

Acknowledge receipt of this discovery request.
we are still actively addressing the POI issue with Quantico.

29890

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, Decembet 08, 2010 6:52 PM


Morrow Ill. JoDean. CPT USA SJA: Matthew kemkes;

I zupdaua

we will start working

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

COVII:
CELL
NIPR
SIPR

Defense_Unclass_EmaiI_0209



02215686
29891

From:

Sent: Wednesday, December 8, 2010 7:17 PM

To: Fein, Ashden CPT USA IF SJ A
Cc: Morrow oDean, CPT USA SJA

Manhew kemkes

Subject: RE: Update

Ashden,

Thank you. Do you have a time-table on the P01 issue? Earlier today, I spoke with Capt. Hocter. He told
me that he is still recommending that PFC Manning be taken off of POI status. He told me that the
behavior witnessed by the guards appears to be a result of a side effect from PFC Manning's sleep
medication.

As I have said before, I believe the current con?nement restrictions rise to the level of unlawful pretrial
punishment. Mr. Averhart does not have a legitimate basis to continue to ignore the advice of his mental
health professional. Maintaining the P01 status prevents PFC Manning from exercising, having basic items
such as a pillow and sheet, and subjects him to prolonged isolation. Please tell me what you have done so
far to address this issue, and the additional steps that you plan to take to resolve it.

Best,

David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

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

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896



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

-- Original Message
Subject: RE: Update
From: "Fein, Ashden CPT USA JFH






Date: Wed, December 08, 2010 6:51 pm
TOI


"Matthew kemkes"








Thank you. Acknowledge receipt of this discovery request. We will start

Defense_Unclass_Email_0210

02215686
29892

working immediately. we are still actively addressing the P01 issue with
Quantico.

v/
Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Arm Military District of Washington (MDW)
COMM:
CELL:
NIPR:
SIPR:





From: um

Sent: Wednesday, December 08, 2010 11:51 AM
To: Fein, Ashden CPT USA SJA

Ashden,

I wanted to con?rm that the government has made the necessary transportation
arrangements to have PFC Manning sent to Fort Myer on the 14th and 15th.
Also, how is the P01 issue coming along? My understanding is that Capt.

Hocter is still recommending that the P01 be lifted. Finally, I have

attached an additional defense discovery request. Let me know if you have

any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674?6006

Fax: (508) 324-9896





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

Defense_UncIass_Email_O210

02886185
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Thursday. December 09, 2010 11:50 PM

To:

Cc: Monow JoDean. CPT USA SJA: Matthew kemkes;
subnmu 9

Sir,

Tomorrow the Quantico Brig is holding their Classification and Assignment Board, which makes
recommendations to the Brig OIC. we requested the OIC consider the issues you presented in
his determination of PFC Manning's status. we should find out a result by C08 tomorrow on
whether his status is going to change. we obtained his uniforms and he will have then for
his meetings with you next week.

we still are waiting on a nomination for an IA expert. As I previously stated, the MH does
not have any available IA experts so we had to go to the Army 62/66 for that assistance.

Do you still want to meet next week at Ft Meade? As previously stated, lets plan for early
evening on wed? we confirmed that CID did collect PFC Manning's health records and we are
now working to get a copy. They currently have them sealed and once we take possession of
them, we will release the documents after having a taint attorney review them for possible
privileged documents (you will of course receive the privileged documents, but we will keep
them sealed).

Thanks.
Ashden i

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDH)
COMM:
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_021 1

02215682

Previously in Encl 1

From:

Sent: Friday, December 10, 2010 3:35 PM

To: ein, Ashden CPT USA SJ A

Cc: Morrow Ill, JoDean, CPT USA SJA

Matthew kemkes
Subject: RE: Update
Ashden,

Ijust spoke with Capt. l-locter. He says that PFC Manning was not looking as good today due to having
his television privileges taken away. Apparently, the confinement facility decided to take away his
television privileges when they heard about the rumor spreading in the news about PFC Manning
committing suidde.

As far as I know, they didn't explain to PFC Manning why his privileges were being taken away. Due to
this fact, PFC Manning apparently looked depressed today (after two days without the privileges). This, in
turn, caused Capt. Hocter to recommend that he stay on POI until he looked normal again. Capt. Hocter
did recommend that the facility give back his television privileges and allow him to exercise.

As far as the meeting on wed nesday, I would still like to meet. I know that we will have to be flexible as
to the tlrne. Also, thank you for the update on the IA and medical records.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508) 324-9896




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

Defense_U ncIass_EmaiI__0212

02886180
Previously in Encl 1

From: Fein. Ashden CPT USA SJA

Sent: Sunday, December 12. 2010 11:00 PM

To:

Cc: Momow Ill. JoDean. CPT USA JFHQ-NCRIMDW Matthew kemkes;

I

subwunz

Sir,

Good evening. we are working to determine why PFC Manning's television privileges were
allegedly taken away. As previously stated, on 10 Dec 10 the Classification and Assignment
Board met and we should know the results tomorrow whether some of the administrative
protective measures can/will be lifted. The Army 62/66 is working to provide the most
appropriate IA expert. I spoke with our POC on Friday and I expect to have an answer the
first half of this week and then we will present the expert to the convening authority.

our trial this week could end earlier than expected, but I leave that decision to your co-
counsel, MAJ Kemkes. As 0? now, Joe and I will plan to meet on wed late atternoon either at
Meade or our office at Mc?air. we will remain flexible as well.

Please let us know if there are any issues with your meetings this week with your client.
All the arrangements are made and ready to execute.

we are diligently working on determining what information we are in possession of and can be
released pursuant to your requests.

Ashden

Ashden Fein

crr, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MDH)
COMM:
CELL:
NIPR:
SIPR:



Defense_Unclass_Emai|_O213

02204066

29896

From_ Morrow JoDean, CPT USA SJA

Sent: Wednesday, December 15, 2010 9:36 AM

To:

Cc: Fein, Ashden CPT USA SJA
Subject: meeting today (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: OUO

Sir,

Just checking in and seeing whether you still wanted to meet today. The defense just rested in the Lakin (Army birther)
case, so Ashden might be back in the DC area by this afternoon. We'll keep you updated as we know more. Please give
us some idea of your timeline today.

CPT Joe Morrow
Trial Counsel
US Army Military District of Washington

Phone:
NIPR:
SIPR:

Classi?cation: UNCLASSIFIED
Caveats: FOUO





Defense_Unclass_Emai|_0214



02204064
29897

Morrow JoDcan, CPT USA IF SJA

From: I
Sent: Wednesday, December 15. 2010 10:42 AM
To:

Cc: Fein, Ashden CPT USA SJA

Subject: RE: meeting today (UNCLASSIFIED)

Classi?wtionz UNCLASSIFIED
Caveats: FOU0

Sir - loonion/time TBD. based on the of the Lakin case.

CPT Joe Monow

Trial Counsel

US Armv Militarv District of Washington
Phone:

NIPR



SIPR

Defense_U nclass__EmaiI_0215



02897064
29898

From: Fain, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Wednesday, December 15, 2010 3:35 PM
To: Monow Ill, JoDean, CPT USA

Subject: Re: meeting today (UNCLASSIFIED)

Sir. Joe is up here 1-F you can make it. How about 1890.

Ashden Fein
CPT, JA

(C)
-

Defense_Unclass_EmaiI_0216



02215680
29899

From:

Sent: Thursday, December 16, 2010 9:37 AM

To: Fein. Ashden USA sm
Subject: Re: meeting today (UNCLASSIFIED)

Akshden.

I hope to be in your A0 around I I30. I had a few issues come up that has delayed me.
BesL

David
Sent from my Verizon Wireless Black?cny

Defense_Unc|ass_Emai|_021 7



02897061
29900

From: Fein, Ashden CPT USA SJA
Sent: Thursday. December 16, 2010 10:41 AM

To:
subject: Re: meeting today (UNCLASSIFIED)

Thanks.

Ashden Fein
CPT, JA

- E23



Defense_Uno|ass_Emai|_0218



29901

From:
Sent:
To:
Subject:

Fein, Ashden CPT USA SJA
Thursday, December 18,2010 11:18 AM


Re: meeting today (UNCLASSIFIED)

we are at cr and they are in deliberations. Ready.

Ashden Fein
CPT, JA

.0,




Defense__Unclass_Emai!_021 9



0221 5679

29902

From:
Sent: Saturday, December 18, 2010 2:44 PM

To: Fein, Ashden cp-r USA SJA

Morrow JoDean, CPT USA SJA

Subject: 706 Board

Ashden,
Other than Dr. Sweda, who else is on the 706 board?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744?3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass_Email_0220

29903



From: Fein. Ashden CPT USA SJA

Sent: Saturday, Decembet 18, 2010 2:53 PM
To: Morrow JoDean. CPT USA
SJA
subject: Re: 706 Board

Sir. Don't know all their names but will be getting them this week for clearances and read-
ons. Once you get your SF86 completed, please send. Thx.

Ashden Fein
CPT, JA

(0)
(C)



Defense_Unciass_EmaiI_0221

29904



From:

Sent: Saturday, December 18, 2010 2:56 PM
To: Fein. Ashden CPT USA SJA
Morrow JoDean. CPT USA SJA
Subject: RE: 706 Board
Ashden,

Thanks, will do. I have a list of ?ve possible alternates in the MDW area. I want to make sure none are
already on the 706 board. Have a great weekend.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324~9896




Notice: This transmission, including attachments, may contain con?dential attorney-
. client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, oopying or use of this

information may be unlawful and is

Defense_Unclass_EmaiI__0222

02885377

29905
From: Fein, Ashden CPT USA SJA
Sent: Sunday, December 19, 2010 7:34 PM
To:
Cc: Morrow JoDean, CPT USA Matthew kemkes;
HaberIand, John CPT USA Regimental Judge Advocate;
Zimmerman, Sara J. SG USA HQ- SJA
subject: US v. BM Update
Attachments: 10-Dec-17-Appointment of Defense Expert Consultant in Investigations (ManningB).pdf; 10-

Dec-17-Excludable Delay Memorandum (ManningB).pdf

Dave,

Attached are the following two documents:

1. Action on the Defense request for a National Security Investigator Expert
Consultant. The CA disapproved your request. we can assist with addressing your need for
additional assistance with USA TDS, if needed.

2. 30-day excludable delay memorandum.

we are scheduled to chat at 1390 on Tuesday. we will confirm this time tomorrow over email.
Also, we are diligently working to answer your ongoing discovery requests, to include the
Accused's medical records. we have obtained a copy and plan on delivering them to you this
week; however we will only email them to USG email. Do you have an alternate email we can
use that belongs to the USG, if not then we will send you a disk.

we are still working on obtaining an IA expert. I spoke with the Army personnel, and
they are working to identify an individual that is not only an expert in the policy but also
has practical experience to provide you IA oversight.

Have a good night.

V/r
Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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

com:
Mt-





CELL
NIPR:
SIPR:

Tracking:

Defense_Unclass__Email__0223

02215675
29906

From:

Sent: Sunday, December 19, 2010 7:47 PM

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



Matthew kemkes





Haberland, John
Zimmerman,



Sara J. SGT USA JFHQ- SJA
Subject: RE: US v. BM Update

Ashden,

Tuesday at 1300 works for me. You can email the medical records to

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass_EmaiI_0224

02215651
29907

From:

Sent: Sunday, December 19, 2010 11:07 PM

To: Fein, Ashden CPT USA SJA
Subject: SF 86

Attach: SF 86 -

Ashden,

I have attached a copy of my completed SF 86 form with attachments. Please give me an address to
where you would like for me to mail the original. I am heading out of the country tomorrow for my
Christmas vacation. I will have my phone with me during my vacation. Looking forward to our
conversation on Tuesday.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

rm i I . rn



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

Defense_Unclass_Email_0225

0221 9526

Previously Submitted in Encl 79





Previously gted in Encl 1

From: mam Paul
Sent: Monday, December 20, 20l0 10:47 AM
To: Fein, Ashden CPT USA SJA

Matthew em es

Morrow JoDean, CPT USA
Haberland, John CPT USA Regimental

Judge Advocate Rose, Luke CPT USD-C SJA

Chief, Military Justice
Cc: Zimmerman, Sara]. SGT USA JFHQ- SJA
Subject: Article 32 (PFC Manning)
-

Just touching base again on the status of this matter. Let me know if
you have an ETA on the completion of the sanity board.

Thanks. and happy holidays to all of you.

LTCAlmatm

Detense_Unc|ass_EmaiI_0226

02909150 Previously Submitted in Encl 79
Previously in Encl 1

From: Fain, Asnden CPT USA SJA
Sent: Monday. December 20. 2010 8:53 PM
To: Almanza, Paul; Matthew kemkes; Mormw Ill,

JoDean, CPT USA JFHQ-NCRIMDW Haberland, John CPT USA Regimental Judge
Advocate; Rose, Luke CPT USD-C SJA Chiet, Military Justice

cc: Zimmennan, Sara J. SGT USA JFHQ- NCRIMDW SJA
Subject: RE: Article 32 (PFC Manning)
Sir,

Good evening. The Sanity Board will likely begin after the New Year. we are currently
moving into the process of ensuring all participants have appropriate clearances. Have a
Happy Holidays!

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

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





02885449 Previously Submitted in End 77
Previously in End 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, December 20, 2010 6:59 PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Cc: Morrow JoDean, CPT USA

coombs armycourtmartialde ense.com; Kemkes, Matthew MAJ MIL USA

Subject: US v. BM (706 Board)

hnponance:

Sir,

Good evening. The US v. PFC Manning case has now moved into the security clearance portion
of the process. For this, we will need to ensure all the personnel who will be involved in
the case have adequate clearances and appropriate read-ons. Can you please verify that the
following personnel will be the members of the RCM 706 Board? Thank you.

766 Board:
Dr. Sweda
LTC Schneider

Benesh

v/r

CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (Mow)
com j:

cewj





Defense_Unclass_Email_O228



0288741 9

29911

From:
Sent
To:
Cc:

subject:

David,

we still plan on 1300 tomorrow, if you are still available.

or in the local area?

Ashden

Ashden Fein

CPT, JA

Fein, Ashden CPT USA SJA
Monday, December 20, 2010 7:44 PM


Morrow JoDean, CPT USA SJA
Tomorrow

Are you out of town on vacation
Thanks.

Chief, Military Justice

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

COW

cm:




Tracking:

Defense_Unclass_Email_0229

02219522 Previously Submitted in Encl 79
29912

From: Almanum

Sent: Monday, December 20, 20l0 7:53 PM

To: Fein, Ashden cm USA sm
Matthew em es

Morrow JoDean, CPT USA
SJA Habe?and, John CPT USA Regimental
Judge Advocate




Cc: Zimmerman, Sara J. SGT USA JFHQ- SJA
Subject: -Re: Article 32 (PFC Manning)
Thank you. Fein.

Defense_Unclass_Emai|_0230

29913



From:

Sent: Monday, December 20, 2010 I 1:34 PM

To: Fein. Ashden CPT USA SJA
Subject: Re: Tomorrow

1300 is good with me. I am out oftown.

Best,
David

Sent from my Ven'zon Wireless BlackBeny

Defense_UncIass_EmaiI_0231

02221919

I

I



I






- .

From:
Sent: Tuesday, December 21. 2010 7:42 AM

To: Fein. Ashden CPT USA SJA

Previously Submitted in Encl 77
29914


Cc: ._;_Morrow IIAI, Jobeap, CPT USA JF HQ-
- coombs@annycounmam ensecom; ew em es


Subject: RE: US v. BM (706 Board) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE
Sir.

I can verify that myself and CPT Benesh will be members of the Board.

v/ r.

Michael Sweda. ABPP (Forensic)

Boald-Certi?ed Forensic

Chief. Forensic Service

Director. Forensic Fellowship Walter Reed Army Medical Center

(fax)
(business blackberry)
(personal mobile)

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

Defense_Unc|ass_Emai|_0232

0221 5646

Previously in Encl 1

From:

Sent: Thursday, December 30, 2010 12:07 PM

To: ein, Ashden CPT USA SJ A
Cc: Morrow IH, JoDean, CPT USA SJA

Matthew kemkes

Subject: M.R.E. 505(h)(1) Motion

Attach: MRE 505(h)(i) Motion.pdf

Ashden - Joe,

I have attached a motion outlining the defense's position on the requirement for a 505(h)(1) disclosure for
the 706 board. I know that you are being told that such a disclosure is not required. I thought a motion
from the defense detailing our understanding of the controlling authorities might be helpful.

If the individuals advising you on this issue still believe that a 505(h)(1) disclosure is not required, could
you please ask them to point to the authority that they are relying upon? This information would assist
the defense in deciding how to handle this issue.

I hope your holiday break is going well. Feel free to call me if you have any questions based upon the
motion.

Best,

David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896




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



02898574

Previously in Encl 1

Fnun:
Sent:
To:
Cc:

Subject:

David,

Thank you.

getting everyone the requisite clearances.
PFC Manning's medical records.

Happy New Year!

Ashden

Ashden Fein
CPT, JA

Fein. Ashden CPT USA SJA

Monday. January 03, 2011 10:56 AM


Morrow Ill, JoDean. CPT USA Matthew kemkes;

I
ouon

Although I did not respond sooner, we are working this issue concurrently with

You should have also received through the Us Mail
Please confirm the receipt over email.

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

COMM:
CELL
NIPR:
SIPR:

Defense_Unc|ass_Email_0234



29917



From:

Sent: Monday, January 3, 20! I I 1:28 PM

To: Fein, Ashden CPT USA SJA
Subject: Re: M.R.E. 505(h)(l) Motion



Thank you for the update. I will let you know when I receive the records.
Best.

David
Sent from my Vetiznn Wireless BlackBen)'

Defense__Unclass_EmaiI_0235

02215641
Previously in Encl 1



From: coombs@annycourtmarti aldefense.com

Sent: Wednesday, January 5, 2011 3:08 PM

To: Fein, Ashden CPT USA SJ A

. Morrow JoDean, CPT USA JFHQ-

Cc: Matthew kemkes Paul Bouchard

Subject: Con?nement Conditions of PFC Manning

Attach: Con?nement Memorandumpdf
CWO4 Averhart,

Please see the attached memorandum requesting that you change PFC Manning's current classi?cation
and assignment. I would appreciate a response to my memorandum by 12 Jan. 2011. If you have any
questions, feel free to contact me.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

rm i I .



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

Defense_Unc|ass_Emai|_0236

V.

Previously Suggiliged in Encl 1


Wednesday, January 5, 2011 3:16 PM

To: Fein, Ashden CPT USA SJA
Morrow Ill, JoDean, CPT USA JA
Cc: Matthew kemke Paul Bouchard

Subject: 505(h)(l) Disclosure



Ashden,

I know you said you are working this issue. Can you tell me if the government's position is still that a 505
disclosure is not required for the 706 board? I need to know this because I am exploring raising
this issue as a writ to ACCA. I would like to try to resolve this issue before the start of the 706.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508)324-9896



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or oompany 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

Defense_Unclass_EmaiI_0237



Previousty in Encl 1

Defense_UncIass_EmaiI_0238

From: Fein, Ashden CPT USA SJA

Sent: Wednesday. January 05, 2011 10:56 PM

To: Morrow JoDean, CPT USA

SJA

Cc: Matthew kernkes; Paul Bouchard

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

Sir,

The prosecution team's position is that the Accused's discussion of his own classified
thoughts during his R04 766 board is not deemed a disclosure for purposes under MRE
ses(n)(1). we are still waiting on our technical higher?s re-concurrence of our analysis.

our plan is to provide you with our full analysis of the issue and then we move forward.
This is being worked concurrently with obtaining the clearances For you and all other
participants. we are also following-up with Quantico Brig on your written request and still
finding the IA expert.

v/
Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Amy Military District of Washington (POW)
CUM:

CELL:
NIPR:
SIPR:



02215638
Previously in Encl 1









From:
Sent: Wednesday, January 5, 20] I ll:35 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard

Morrow JoDean, CPT USA
Subject: RE: 505(h)(i) Disclosure
Ashden,

Thank you for the update. I will coordinate with DAD on the writ issue. For timing purposes, I would like
to have your written response and then ?le the writ on the same day. Give me a heads up when you
expect the written response to come my way.

Also, I am working on the replacement forensic for the defense team. I spoke with COL
Malone today. He had a couple of suggestions for a suitable replacement to COL Benedek in the MOW
area. I will hopefully have a name to submit to you sometime either this or early next week.

Finally, I am hoping that my written request to the Brig will help move the con?nement issue forward. If
not, I will submit a motion to the CA next week. Please keep me posted if you have any luck with CWO4
Averhart.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508)324-9896



Notice: This transmission, including attachments, may contain confidential attorney-
client infomiation 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

Defense_Unclass_Emai|_0239

02215636
29922

From:
Sent: Sunday, January 9, 2011 4:39 PM

To: Fein, Ashden CPT USA
Morrow IH, JoDean, CPT USA
Cc: Matthew kemkes Paul Bouchard

Subject: Speedy Tria] Request
Attach: Speedy Trial - Manning.pdf
Ashden - Joe,

Here is the defense's speedy trial request.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain confidential attorney-
dlent 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

Defense_Unclass_Email_0240

02888430
29923

From: Fain, Ashden CPT USA SJA

Sent: Sunday. January 09, 2011 7:01 PM

To: Morrow I II, JoDean, CPT USA

SJA
Cc: Matthew kemkes; Paul Bouchatd
Subject: RE: Speedy Trial Request

Acknowledge receipt. Thank you.

Ashden Fein

CPI, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MDN)
COMM:
CELL:
NIPR:
SIPR:



Defense_Unc|ass_Email_0241



0221 5633

Previously in Enci 1

From:
Sent: Monday, January 10,2011 10:37 PM

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

Subject: Supplemental Discovery Request
Attach: Discovery Request - 10 Jan 11_pdf
Ashden,

Here is a supplemental discovery request. Also, I was wondering when you thought you would be
responding to the 505 issue. I would like to have an idea on the time line in order to coordinate
with DAD. Feel free to call if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

rm i



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. unauthorized disclosure, copying or use of this
information may be unlawful and is

Defense_Unclass_EmaiI_0242

02888191

Filenamez

From:

Sent:
Subject:

Size:

Defense_Unclass_Emai|_0243

29925

Re: Supplemental Discovery
Request.msg

Fein, Ashden CPT USA
SJA

Tuesday, January 11, 2011 6:35 AM

Re: Supplemental Discovery Request

32KB (31,744 bytes)

02215631
29926

From:
Sent: Tuesday, January 11. 20ll 8:l6 AM

To: Fein, Ashden CPT USA S.
Morrow JoDean, -

Subject: RE: Supplemental Discovery Request





Ashden,

I am free anytime between 1000 and 1330. BTW, did you have an update that you can give me on
the con?nement facility commander? Did he respond to you in anyway after receiving my memorandum?
Thanks.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744?3007

Office: (508) 674-6006

Fax: (508) 324-9896



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

Defense_Unclass_Emai|_0244

02888190

Filename:

From:

Sent
Subject:

Size:

Defense_Unolass_Emai|_0245



29927

RE: Supplemental Discovery
Request.msg

Fein, Ashden CPT USA
SJA



Tuesday, January 11, 2011 8:21 AM
RE: Supplemental Discovery Request

54KB (54,272 bytes)

02215629
Previously in Encl 1

i
i

From:
Sent: Wednesday, January 12, 2011 12:06 PM
To: Fein, Ashden CPT USA SJ A

Morrow JoDean, CPT USA SJA

Cc: Matthew kemkes Paul Bouchard

Subject: Forensic
Attach: Forensic
Ashden,

I wanted to let you know that I found a replacement for COL Benedek. The defense would like Capt.
Kevin Moore to be assigned to the defense team. Capt. Moore just from Japan, and has not had a
chance to send me a CV. Do you need a CV, or will the attached request suf?ce?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Office: (508) 674-6006

Fax: (508) 324-9896

rm i I .



Notice: This transmission, including attachments, may contain confidential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this
information may be unlawful and is

Defense_Unclass_Emai|_O246

02902036
Previously S?lg?agled in Encl 1

From: Fein. Ashden CPT USA SJA

Sent: Wednesday, January 12, 2011 3:05 PM

To: Morrow Ill, JoDean, CPT USA

SJA

Cc: Matthew kemkes; Paul Bouchatd: Canile. Monica L. SFC USA SJA
Subject: RE: Forensic

David,

Thanks. we are swiftly moving on this by chatting with his leadership, to ensure there is no
impact. Also, I would like to introduce over email, SFC Monica Carlile (cced) who is a new
addition to our team. Although SGT Zimerman could never be replaced, SFC Carlile is going
to provide us paralegal support. Please include her on your emails to me and Joe. Thank
you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MUN)
COMM:
CELL:
NIPR
SIPR:



Defense_U ncJass_EmaiI_0247

02215618
Previously in End 1

From:
Sent: Thursday, January 13,2011 11:51 AM

To: Fein, Ashden us?.
Morrow oDean, CPT USA A

Carlile, Monica L. SFC USA JFHQ-

Cc: Matthew kemkes laul Eouchard

Subject: Iequest

Attach: 305(g) Request - Manning.pdf; Military Magistrate's MFR.pdf; Quantico Brig MFR.pdf;
Manning - Speedy Trial




Ashden,

I have attached the renewed speedy trial request listing the Garrison commander instead of the GCMCA. I
have also attached a request for release from confinement under R.C.M. 305(g) along with enclosures.

As mentioned before, the defense believes that there is no legitimate government objective for the current
con?nement conditions. Given the consistent recommendations of Capt. Hocter and PFC Manning's model
behavior, there is no justification for PFC Manning to continue to be held in maximum custody and under
POI watch. Please present this request to the Garrison commander.

The defense requests that the government respond in writing to the 305(g) request. Additionally, the
defense requests that to government obtain the requested documentation in the 5 January 2011
memorandum to CW04 Averhart, and any other supporting documentation from the Quantico Brig
concerning PFC Manning's classi?cation and assignment. The defense request that government provide
this documentation to the defense.

Please feel free to contact me if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Of?ce: (508) 674-6006

Fax: (508) 324-9896


i I . rn

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

Defense_Unclass_EmaiI_O248

02910943
29931

From: Fein. Ashden CPT USA SJA

Sent: Thursday. January 13, 2011 1:18 PM

To: Morrow Ill, Jooean, CPT USA

Cadile, Monica L. SFC USA SJA

Cc: Matthew kemkes; Paul Bouchard

subject: RE: 305(9) Request

David,

Thanks. If you can please send me Capt Moore's SSN so we can move on his clearance.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unclass_EmaiI_0249



02215616

29932

From:
Sent: Thursday, January I3, 201 1 2:03 PM

To: Fein, Ashden CPT USA SJA

Subject: Re: 305(g) Request

As soon as I get the info. I will forwani it to you.

Best.
David
Sent from my Verizon Wireless BlackBen)'

Defense_Unclass_ErnaiI_0250

02910940
29933

From: Fein. Ashden CPT USA SJA
Sent: Thutsday. January 13, 2011 2:18 PM

To:
subject: RE: 305(9) Request

Thanks.

Ashden Fein

cpr, JA

Chief, Military Justice

U.S. Army Military District of Hashington (MON)
COMM: 1
CELL
NIPR
SIPR



Defense_Unc|ass_EmaiI_0251

02215614

29934

From:
Sent: Thursday, January 13, 201 1 2:18 PM
To: Fein, Ashden USA sm
Subject: Re: 305(3) Request
is SSN.
Best.
David

Sem from my Verizon Wireless Black?eny

Defense__UncIass__EmaiI_0252

.

02896281
29935
I
I
I
i
5
i From: Fein, Ashden CPT USA SJA
i sent: Friday, January 14, 2011 8:15 PM
I To:
Cc: Matthew kemkes; Paul Bouchard; Morrow JoDean, CPT USA
Carlile, Monica L. SFC USA SJA
Subject: Multiple Actions (US v. BM)
Attachments: Appointment of Defense Expert Consultant in IA (ManningB).pdf; 11-
Jan-14-Appointment of New Defense Expert Consultant in Forensic
(ManningB).pdf; 11-Jan-14-Excludable Delay Memorandum (ManningB).pdf; Unclassi?ed
Discovery (000772-000851) (ManningB).pdf
David,

Attached is the CENTCOM FOIA released investigation For the Apache Video.

Also attached are the following three actions:

1. Appointment of IA Expert

2. Appointment of New Forensic Expert
3. RCM 707(c) accounting Memo

Have a good weekend.

Ashden

Ashden Fein

cpr, JA

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

1'
CELL:
SIPR:

Defense_Unclass_Emai|_O253

02215612
29936

From:
Sent: Sunday, January 16, 201] 5:42 PM

To: Fein. Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard

Morrow 111, JoDean, CPT USA

SJA Carlile, Monica L. SFC USA JFHQ-
SJA

Subject: Manning's Medical Records

Ashden,

The medical records that me government mailed to me on 3 January 2011, arrived at my office damaged.
The delay in arrival was due to the wrong address being used. The items was addressed to 35 North Main
Street instead of 45 North Main Street.

Also, I wanted to make sure that there was not a CD included in the padtage. The cover sheet had a CD
soft folder stapled to it, but did not have a CD.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Direct Dial: (401) 744-3007

Office: (508) 674?6006

Fax: (508) 324-9896


rm i .

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

Defense_Unclass_EmaiI_0254



02898141

29937

From: Fein, Ashden CPT USA SJA

sent: Sunday, January 16, 2011 3:53 PM

To:

Cc: Matthew kemkes; Momow m, JoDean, USA JFHQ-

Carlile. Monica L. SFC USA SJA

Subject: Re: Manning's Medical Records

David. There was a cd sent in the package so that you would have a digital copy of the
records. Please take pictures of the packaging and we are going to request CID on tuesday
morning to assist in determining what occurred and to attempt to find the cd.

Also, in the future we will hand deliver all items that we do not digitally send to the
military defense counsel to insure proper delivery.

Have a good weekend.

Ashden

Ashden Fein
CPT, JA

- $23

Defense_UnoIass_Email_O255

02901081
29938

From: Fein. Asnden CPT USA SJA

Sent: Tuesday. January 18, 2011 12:03 AM

To:

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

Cadile, Monica L. SFC USA SJA
Subyunz U\Expen
David,

Your IA expert, Ms. Smith, may be contacted at 1 or

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_UncIass_Emai|_0256

0221 5609
29939








From:
Sent: Tuesday, January I8, 2011 10:36 AM
To: Fein. Ashden USA SJA
Cc: Matthew kemkes Paul Bouchard

Morrow Ill, JoDean, CPT USA

'.Cariile. Monica L. SFC USA JFHQ-

Subject: RE: IA Expert
Thank you.
Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 6746006

Fax: (508) 324-9896



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

Defense_Unc|ass_EmaiI_0257

02215604
29940

From:
Sent: Tuesday, January 18, 201i l0:36 AM
To: Fein, Ashden CPT USA SJA

cc= Mam-ewke?nkes
Monow JoDean, CPT USA IFHQ-N SJA
Carlile. Monica L. SFC USA JFI-IQ-
%1

Subject: RE: Manning's Medical Records
Attach: Photo Photo 2.JPG
Ashden,

I have attached two photos of the package. The package came in a clear plastic bag that was from the
post of?oe. On the clear bag, it stated ?we apologize for the damage done to your shipment." I no longer
have the clear bag. Let me know if you need any additional information.

Best,
David

David E. Coombs, Esq.

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

Direct Dial: (401) 744-3007
Office: (508) 674-6006

Fax: (508) 324-9896




Notice: This transmission, including attachments, may contain con?dential attorney-
client infomiation 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

Defense_Unciass_Email_0258

02898149

29941

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, January 18, 2011 11:04 AM

To:

Cc: Matthew kemkes; Motrow Ill. JoDean, CPT USA JFHQ-

NCRIMDW SJA: Carlile, Monica L. USA SJA

subpun:

David,

Thank you. He already spoke with CID and they are contacting the US Postal Inspectors to see

if they will initiate an investigation or at least attempt to find the CD.
verify that you have all the pages of the documents, bates stamp 852-1049.
all we are looking for from the USPS the documents.

Could you please
I want to ensure

Thank you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (Mow)
COMM: (DSN 325)
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_0259

02215600
29942

From:

Sent: Tuesday, January I8, 20ll ll:09 AM

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





Morrow JoDean,
Carlile. Monica L. SFC USA JFHQ-




SJ A
Subject: RE: Manning's Medical Records

Ashden,
I have all the pages of me documents. I am only missing the CD.

Best,

David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Direct Dial: (401) 744-3007

Of?ce: (508) 674-6006

Fax: (508) 324-9896




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

Defense__UncIass_EmaiI_0260

02898143

29943

From: Fein. Ashden CPT USA SJA
Sent: Tuesday. January 18, 2011 11:32 AM

To:

Cc: Matthew kemkes

Morrow Jooean, CPT USA JFHQ-

Cariile. Monica L. SFC USA JFHQ-NCRIMDW SJA

subject: RE: Manning's Medical Records

Thanks sir. More to follow with the postal service and the CD.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (NON)
COVM:

CELL

NIPR
SIPR




Defense_Unc|ass_Emai|_0261

02215598
Previously S?lg??qted in Encl 1



From:
Sent: Wednesday, January 19, 2011 12:53 PM
To: Fein, Ashden CPT USA SJA
cc= Mauhewkemkesn
Morrow HI JoDean CPT USA IFH SJA
SJA
Subject: Con?nement Conditions
Attach: Preserve Evidence Request.pdf
Ashden,

Please see the attached request to preserve evidence. I would like to talk to you about this issue later
today if possible. Iarn available anytime after 1630. Also, I want to know if the garrison commander
plans to respond to my 305(g) request. Based upon this latest incident, I am inclined to push forward
with the 138 complaint. Thanks.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896

rm i Id .



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

Defense_Unc|ass_EmaiI__0262

02905605
29945

From: Fein, Ashden CPT USA SJA

Sent: Wednesday. January 19, 2011 1:21 PM

To:

cc: Matthew kernkes; Morrow Ill, JoDean, CPT USA JFHQ-

a re, onca .

Subject: RE: Con?nement Conditions

David,

Lets plan on 1709. That should be enough time for us to contact the Brig in order to
understand what occurred today.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDH)
COVH:
CELL
NIPR
SIPR



Defense_Unclass_EmaiI_0263

02893038

Filename:

From:

Sent
Subject:

Size:

Defense_Unclass_EmaiI_0264

29946

Phone Ca||.msg

Fein, Ashden CPT USA
SJA



Wednesday, January 19, 2011 5:01 PM
Phone Call

37KB (37,376 bytes)

02885381
Previously Stiggit/ted in End 1

From: Fein. Ashden CPT USA SJA

Sent: Wednesday, January 19, 2011 6:12 PM

To: Kemkes. Matthew MAJ MIL USA

Cc: Carlile, Monica L. SFC USA SJA
Subject: US v. rig Update

MAJ K.

It is our understanding that you might have met with the Brig OIC. If you?re willing to
discuss, could you please let us know if there is any resolution from your meeting. Thank
you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)
2

CELL:




Tracking:

Defense_UncIass_EmaiI_0265

02215595
Previously Suggiged in End 1

From:

Sent: Wednesday, January 19, 2011 9:17 PM

To=

Cc: Fein, Ashden CPT USA SJA



Morrow .loDean, CPT USA FHQ-









SJ A



Matthew kemkes

Paul Bouchard

Subject: Article 138 Complaint
Attach: Article 138 Complaint -
Sir,

Please see the attached Article 138 complaint. The defense requests that vou address this issue as soon
as possible. If you have any questions, feel free to call me at

Respectfully,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this

information may be unlawful and is

Defense_Unclass_Emai|_0266







02215593
29949

From:
Sent: Thursday, January 20,2011 12:21 PM
To: Fein, Ashden USA sm

John Haberland
Cc: Matthew kemkes

Morrow JoDean, CPT USA SJA

Carlile, Monica L. SFC USA JFHQ-

SJA
Subject: Con?nement Conditions
Ashden,

I understand that CWO4 Averhart is going to review the need for special restrictions later today. As I
stated yesterday and in the 138 request, PFC Manning does not need to be under POI watch or suicide
risk. Please have John request CWO4 Averhart to discuss this issue with COL Malone (Capt. Hocters
replacement). If his recommendation is to still remove him from POI, then I request that this be done

today.

If CWO4 will not remove PFC Manning from suicide risk and P01 watch, can you tell me whether the
goverment is considering moving PFC Manning to a different con?nement facility? Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896




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

Defense_Unclass_Email_0267

02905601

29950
From: Fein. Ashden CPT USA SJA
8cm: Thursday. January 20, 2011 3:38 PM
To: John Haberland
Cc: Matthew kemkes Morrow JoDean, CPT USA JFHQ-

NCRIMDW a I . omca . NCRIMDW SJA

subject: RE: Con?nement Conditions
hnponance: limb

David. As of 1S12hrs, PFC Manning is off suicide prevention status, but still on POI. we
are working with PFC Manning's chain of command and the Brig chain of convnand on all your
points below, to include readdressing the POI status.

we also expect to formally present the RCM 305(3) request to COL Coffman tomorrow. In
addition to the RCH 3e5(g) request, we will formally readdress the POI status with him as
well. COL Coffman is sending down his CSM to meet with PFC Manning and get a sense of the
situation. we are still waiting on receiving all the substantiating documentation from the
Brig and expect to get that information tomorrow morning and then present it to him tomorrow
evening, absent an unforeseen change of events.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unclass_Emai|_0268

0221 5587
29951

From:
Sent: Thursday, January 20, 20] 1 4:08 PM

To: Fein, Ashden USA SJA
cc= Mam~ewkemkes
. Morrow JoDean,

Carlile, Monica L. SFC USA JFHQ-
John Haberland






Subject: RE: Con?nement Conditions
Attach: 138 Complaint.docx
Ashden,

I spoke with the con?nement facility this afternoon. They told me that he was being removed from
suicide risk. I appreciate the fact that you and John took agressive steps to address this issue. Now we
need to get PFC Manning off of P01 watdw. Hopefully, the Article 138 compliant, the R.C.M. 30S(g)
request or the pending change of command at the Brig will address this issue. I intend to

release the attadied statement on my blog. However, I wanted to see if you had any heartburn over

anything in the statement.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896
QmmQa


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 no?fy the sender and delete all copies. Unauthorized disclosure, copying or use of this
information may be unlawful and is

Defense_Unclass_EmaiI_0269

02905596

Previously in End 1

From:
Sent:
To:
cc:

subject:

Fein, Ashden CPT USA SJA
Thursday. January 20. 2011 8:00 PM

Matthew kemkes;
NCRIMDW SJA: a .

Morrow Jooean. CPT USA JFHQ-

ca .

Re: Con?nement Conditions

David. Just to reenphasize one point from our conversation tonight, we do not necessarily
support your press release and the prosecution would prefer to handle this issue through the
normal pretrial process with the chain of command, as we are currently doing.

Thanks.
Ashden

Ashden Fein
CPT, JA

2 E23

Defense_Unclass_EmaiI_0270

02215582
29953
From:
Sent: Thursday. January 20, 20] 1 8:14 PM

To: Fein, Ashden CPT USA SJA

cc:
Morrow Ill, JoDean, HQ-N SJA
Carlile. Monica L. SFC USA JFI-I0-

Subject: RE: Con?nement Conditions



Ashden,

Understood. I am responding primarily to Col. T.v. Johnson's "poppycock" statement - available

at and to place the focus back on the
Quantico Brig. I hope that the normal pretrial process with the chain of command addresses this issue.
I concur that this issue, and for that matter all Issues, would be better addressed through

the nomiai process.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324?9896


rtiaidefense.com

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 prohibited!"

Defense_Unciass_Emaii_O271

02898572
29954

From: Fein. Ashden CPT USA SJA

8011!: Thursday, January 20. 2011 11:22 PM

To:

Cc: Morrow JoDean. CPT USA Matthew kemkes;

cam-e. Monica L. usA

subject: M.R.E. 505(h)(1) Motion Follow-up

David. Are you available at 1230 tomorrow to discuss your MRE 5eS(h)(1) and "need-to-know?
motion? If so, can we plan on that time? Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (now)
COMM:
CELL: 0
NIPR:
SIPR:



Defense_Unclass_EmaiI_0272

0221 5580
29955

From:
Sent: Thursday, January 20, 201 1 1:27 PM

To: Fein. Ashden cm USA sm





Cc: Morrow JoDean, CPT USA SJA
Matthew kemkes
Car I e, Monica L. SFC USA SJA
Subject: [Suspected RE: M.R.E. 505(h)(l) Motion ollow-up
Ashden,

12:30 works for me.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



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

Defense_Unclass_EmaiI_O273

02885460 Previously Submitted in Encl 77
Previously in Encl 1

From: Fein, Ashden CPT USA SJA
Sent: Friday, January 21, 2011 11:13 AM
To: 'Sweda, Michael Dr CIV USA MEDCOM

Cc: Morrow JoDean, CPT USA
coom armycourtmama de ense.com'; ?Kemkes, Matthew MAJ MIL Carlile,

Monica L. SFC USA SJA

Subject: US v. BM (706 Board)
Importance: High
Dr. Sweda,

Good morning. The purpose of this email is to give you an update on the RCM
766 for PFC Manning. Although the board is still delayed, we expect the
clearance issue to be resolved shortly. The Army G2 is sending emails to
those participants, in the overall CM process, that will need to complete
by Monday morning so their clearance approval can be expedited. As
for the RCM 766 Board, this will only apply to LTC Hemphill, all others have
the appropriate clearance. once the clearances are approved for interim,
then we will schedule a date and time tor all those who need to be read-on,
to meet in City for their read-on. I plan to give some lead time
for this and we will likely plan early morning or late in the day to
accommodate around work schedules. Once the read-ons are scheduled, then we
expect the convening Authority to issue a supplemental order for the RCM 766
to restart with special instructions.

Assuming no critical issues in the remaining members I
anticipate the read-ons to occur the week after next and the RCM 766 to
start again the Following week.

If 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 District of Washington (MDW)
COMM:
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_0274



02889461

Filename:

From:

Sent
Subject:

Size:

Defense_U nc|ass__Emaii_0275

Previously Submitted in Enci 77
29957

Security Clearances (US v. BM).msg

Fein, Ashden CPT USA
SJA



Friday, January 21, 2011 11:18 AM
Security Clearances (US v. BM)

57KB (57,856 bytes)

02203402 Previously Submitted in Encl 77
Previously in Encl 1

From_ Carlile, Monica L. SFC USA SJ A

Sent: Friday, January 21, 2011 1:38 PM
To: Autry, Carolyn Ms IF

SJ

Cc: Fein, Ashden USA SJA

Subject: FW: FINGERPRINTS (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOU0

ALL:
Please see below. CPT Fein would like for it to be completed NLT Wednesday, 26 Feb 1 1, in order to keep the process moving
swiftly.

V/r
SFC Carlile

1. A requiremem prior to initiating your SSBI investigation is having your
?ngerprints done in which shows in JPAS a few days later. Can you please go

to the nearest Security Office! local police station to get your
?ngerprints done electronically via a Electronic machine

Please enter the below information in the Electronic Fingerprirl machine in
which will print out on the fingerprint card

TNFORMATION NEEDED FOR FINGERPRINT

ADDRESS: HQDA ODCS, G-2, ARMY PENTAGON. WASHINGTON, DC 203
REASON: clearance upgrade

SON: AR00 (AR zero, zero)

SOI: A334

Enter in block: (US the letter PM, zero, zero, zero,
zulu)

2. If your current organi7ation does not have a Fingerprint machine, one is
available on Fort Belvoir, VA.

NOTE: Please call (703-805-3515) first to ensure that someone is available.

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

Defense_UncIass_Email_0276

02203402 Previously Submitted in Encl 77
Previously in Encl 1

FORT BELVOIR, VA 22060-5929

3. If you are capability of completing your ?ngerprints at your local
police station but does not have an "Electronic Fingerprint" machine, please
mail (FEDEX) the fingerprint card (FD-258) to the below address.

Send VIA FEDEX (overnight if possible)

DEPARTMENT OF THE ARMY
PSI CENTER OF EXCELLENCE
ABERDEEN BLVD

ABERDEEN PROVING GROUND, MD 21005-5001

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

v/r

BONITA DAVIS
Assistant Security Manager

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Emai|_0276

02902315 Previously Submitted in Encl 77
29960
From: Fein, Ashden CPT USA SJA
Sent: Friday. January 21. 2011 1:40 PM
To: Carlile, Monica L. SFC USA
armyoourtmartiaIdefense.oom'; Autry. Carolyn Ms IV
1uAnJ1)
Sunkmt Re:Fnv

All. Just to clarify 26 Jan 11 and not Feb. Thank you.

Ashden Fein
CPT, JA

(0



Defense_Unc|ass_EmaiI_O277

0221 5577
29961

From:
Sent: Friday, January 21, 201 I 5:29 PM
To: Carlile. Monica L. SFC USA SJA



Cc: Fein, Ashden CPT USA SJA

Morrow JoDeanI CPT USA SJA

Subject: [Suspected RE: W: FINGERPRINTS (UNCLASSIFIED)

SFC Carlile,

Just wanted to let you know that I completed the forms and emailed the signature release forms. I
am trying to locate somewhere near me that may have an Electronic Fingerprint machine. Do you know
if the Newport Naval Base has a Electronic Fingerprint machine? If I can't locate one, I would opt for the
local police station and FedEx option.

Best,
David

David E. Coombs, Esq.

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

Of?cez 1-800-588-4156

Fax: (508) 324-9896

rtiaIdefense.com

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

Defense_Unclass_Email_0278

02891872
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Friday, January 21, 2011 8:37 PM

To:

Cc: Morrow JoDean, CPT USA Matthew kemkes;

Canile, Monica L. SFC USA

Subject: RCM 305(9) Request

Attachments: Response to RCM 305(9) Request (ManningB).pdf

David,

Please Find the attached RCM 30S(g) action. Have a good weekend.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of washington (Mow)
COMM:
CELL:
NIPR:
SIPR:



Tracking:

Defense_UncIass_EmaiI_0279

02215576
Previously in End 1

From:

Sent: Saturday, January 22, 2011 9:07 AM

To: Fein, Ashden cp-r usa SJA
Subject: Discussion

Ashden,

I would like to have a non-attribution discussion with you sometime this weekend. It is my hope that we
could have a rich discussion about the case and a free exchange of ideas. All comments would be off the
record. We would also agree that any comments made would not be repeated in any public forum or to
any individual likely to release any statement to a public forum. If you are interested, I think it would
best if the discussion was just between us to start.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 324-9896

ww i

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

Defense_Unc|ass_Email_0280

02903754
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Saturday, January 22, 2011 12:32 PM

To:

subject: RE: Discussion

David,

Sounds good. How is 1690 tonor-r-ow (Sunday)?

time after 1600.

Ashden

Ashden Fein
CPT, JA

Chief, Military Justice
U.S. Army Military District of washington (mu)

CUM:
CELL:
NIPR
SIPR

Defense_Unclass_EmaiI_0281



that is not a good time, I an available any

02215574
29965

From:

Sent: Saturday, January 22, 2011 12:36 PM

To: rem, Ashden cm USA SJ
Subject: Re: Discussion



BCSL

l)avki

Defense_Unclass_Emai|_0282

02215572
29966

From:
Sent: Monday, January 24, 20] I 6:03 PM
To: Fein, Ashden CPT USA SJA

10h" Haberland
Cc: Morrow .loDean, CPT USA SJA

Matthew kemkes
Carlile, Monica L. USA SJA


Subject: [Suspected Fort Myer Visit
Ashden - John,

The defense would like to meet with PFC Manning at Fort Myer on 11 February 2011. Can you please
coordinate this visit? I anticipate our meeting lasting most of the day.

On a separate issue, did you ?nd out any information on why David House and Jane l-larnsher were
detained at the main gate? I wanted to ensure that Brad's aunt Debra Van would not have any
problems this weekend seeing Brad. Also, Brad's mother, Susan Manning, will be coming to the US. in
the middle of February to see him over two consecutive weekends. Have the skids been greased to
ensure that she will not have any issues getting on post and seeing him? Thanks for the information.

Best,
David

David E. Coombs, Bo.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



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

Defense_U nclass_EmaiI_0283

02911645

29967

Faun:
Sent
To:
Cc:

subknz

David,

The skids have been greased For Manning's mother's visit.
and so his David House.

Fein. Ashden CPT USA SJA

Monday. January 24, 2011 6:41 PM

John Haberland

Monow Ill, JoDean, CPT USA Matthew kemkes;





RE: [Suspected Fort Myer Visit

His aunt is authorized to visit
All those on the visitation list are authorized to visit. we are

still Figuring out what exactly happened at Quantico on Friday, but from what we already
know, the vehicle was not properly registered, therefore it could not be allowed on post. So
long as Manning's mother, aunt, and House are travelling in properly registered and insured
vehicles, then there should be no issue with them entering the post, just as all other

visitors at Quantico.

Ashden

Ashden Fein
CPT, JA

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

COMH:
CELL:
NIPR:
SIPR:

Defense_U nc|ass_EmaiI_0284



02215568
29968

From:
Sent: Monday, January 24, 20] I 9:26 PM

To: rem, Ashden cm USA sm







Cc: Morrow Ill. JoDean. CPT USA SJ A

1 Matthew kemkes

Carlile, Monica L. SFC USA SJA

John Haberland
Subject: RE: [Suspected Fort Myer Visit
Ashden,

I understand the requirement for a properly registered and licensed car. I guess I am just confused by
the fact they were detained for over two hours and the MP5 had Jane Hamsher's car towed. I would
expect that if the car was not properly licensed they would just be turned away.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 324-9896



Notice: This transmission, including attachments, may contain con?dential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of this

information may be unlawful and is prohibited."*

Defense_Unc|ass_EmaiI_0285

29969



From: Fein. Ashden CPT USA SJA

Sent: Monday, Januaty 24. 2011 9:32 PM
To:
Cc: Morrow JoDean, CPT USA Matthew kemkes;

arliie, Monica L. SFC
Subject: Re: [Suspected Fort Myer wsit

David. we will get a clearer definite answer For the aunt and mom's visit and all future
visits. Htf.

Ashden Fein
CPT, JA

(C)
-



Defense_UncIass_EmaiI_0286

.. . . .. 1

02891484

29970
From: Fein, Ashden CPT USA SJA
Sent: Tuesday, Janua 25,2011 6:14 PM
To: ~Pau~eo-Joname
Cc: 'coombs@annycourtmamaIde ense.com; Carlile, Monica L. SFC USA

SJA

Subject: Read-On
Paul,

I hope all is well. Are you still deployed, and if so which OSJA/Higher HQ do you fall under
For support? we need to get you read-on to the different compartment and need to know which
SSO covers you. Thanks.

Ashden

Ashden Fein
CPT, JA
ChieF, Military Justice

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



cm:

NIPR


Tracking:

Defense_U nclass_EmaiI_0287





02909155 Previously Submitted in Encl 79

Previously in Encl 1

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, January 25, 2011 7:16 PM

To: 'Ahnanza,Paur

Cc: Car1iIe. Monica L. SFC USA

Matthew kemkes; Morrow JoDean, CPT USA

Subject: Anicle 32 (PFC Manning)

LTC Almanza,

Good evening. The purpose of this email is to give you an update on the Article 32 for PFC
Manning. Although the RCM 706 board is still delayed, we expect the clearance issue to be
resolved shortly. with the assistance of the Army 62, we are coordinating to have all
foreseeable participants in the overall court-martial process receive clearances and
subsequent read-on's for the required compartments. Your clearance is currently valid and
you just need to be read-on.

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

If you have any questions, please send them to the entire email distribution. Also, my
office added SFC Monica Carlile to the team and she is currently the dedicated paralegal to
all issues for this case, including providing you the needed support as the I0. SFC Carlile
is Cced on this email.

Thank you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDH)
COMM:
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_0288

02219521 Previously Submitted in Encl 79
Previously St?ggyged in Encl 1

From Pau'?

Sent: Tuesday. Janumy 25, 201 I I :04 PM

To: Fein. Ashden CPT USA SJA

Cc: Carlile, Monica L. SFC USA


Morrow JoDean. PT USA




Matthew

Subject: Re: Article 32 (PFC Manning)
I-?em -
Thank you for keeping me posted.

For the read-on. 1 will be on travel for the lnvarservice Militaty Judge's Seminar next week. I may be available, however, either early Monday
or late Friday next week. Alternatively. I'd be available the following week.

I.TC Almanza

Defense_Unclass_EmaiI_0289

Previously Submitted in Encl 79
29973

Matthew kemkes: Morrow JoDean. CPT USA

02909156

From: Fein. Ashden CPT USA SJA

Sent: Tuesday. January 25. 2011 11:38 PM

To: Ahnanza,Pau|

Cc: Carlile. Monica L. SFC USA SJA:



Subject: Article 32 (PFC Manmng

Thank you sir. MTF.

Ashden Fein
CPT, JA

Ch1eF, Military Justice
U.S. Army Military District of washington (mu)

COMM:
CELL:
NIPR:
SIPR

Defense_Unc|ass_EmaiI_0290



02215566
29974

From: Bouchard. Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel

Sent: ay, anuary AM

To: Fein, Ashden CPT USA SJA

cc: Young. Adnan C. SSG 25ID Taylor. Carolyn



Subject: RE: Read-On

signed By:

Ashden:

I'm still deployed here till early May. For adnin purposes, I fall under
25th ID. I've courtesy copied CH2 Taylor and SSG Young For this e-mail.

Thanks,
Paul

Paul Bouchard
CPT, JA

Senior Defense counsel

Camp Liberty, Iraq
APO AE 09344

DSN:
SVDIP:

Defense_Unclass_Emai|_0291

02891486
29975



From: Fain, Asnden CPT USA SJA

sent: Wednesday. January 26. 2011 6:43 AM

119:

(Be:

a Ie, cuuca JAKE

subject Re: Read-On

Chief taylor. Could you please send us your SSO contact information under the G2. Thx.

Ashden Fein
CPT, JA



(C)

Defense_Unc|ass_Email_0292



02898475

29976

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, January 26, 2011 11:04 AM

To: Canile, Monica L. SFC USA SJA
Cc: 'Kemkes, Matthew MAJ MIL

Sumem:

SFC C. Cced is MAJ Kemkes so you can go direct with him For security clearance info.

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDN)
com: js
CELL-

5IPR

Tracking:

Defense_Unclass_Email_0293

02588793
29977

From: Taylor, Carolyn Y. CW2 25ID SJA

Sent: Wednesday, January 26, 2011 12:12 PM
To: Fillmore. Alyssa M. sso USD-C 2511) G2 sso NCOIC


Cc: Fein, Ashden CPT USA A

ense ,ounse
Subject: Wikileaks Issue

UNCLASSIFIED FOR OFFICIAL USE

SSG Fillmore,
CPT Paul Bouchard is the Sr Defense Counsel for PFC Manning, the accused in the Wiki Leaks Case. He needs to be read on to a
different compartment so that he can be privileged to information.

Please tell me what you need from me to make this happen?

R,

CAROLYN Y. TAYLOR
CW2, JA

Legal Administrator
USN-





UNCLASSIFIED FOR OFFICIAL USE

Defense_Unclass_Email_0294



Fillmore, Alyssa M. sso uso-c 2511) G2 sso NCOIC
-

From

Sent: Wednesday. January 26, 2011 12:18 PM

To: Taylor, Carolyn Y. CW2 251D SJA

Cc: Fein, Ashden CPT USA SJA

Bouchard, Paul R. CPT USD-C SJA TDS Sr
ense ounse
Subject: RE: Wikileaks Issue
Ma'am.

I need his SSN so I can vetify lis clearance eligtbility and a POC to send the SCI nomination request memo to his security mamger or
the first 03 inhis I need a NIPR email.

The SCI nomination memo is basically an official MFR request with an unclassjusti?cation of why he needs to be read on. From
then: once. 1 get the signed copy. (either digitally sent to me on nipr. or it can be dmpped on? hard copy at my o?ice) we can schedule
his lead on Thaxics!

VR.

SSG Fillmore. Alyssa M.
SSO NCOIC
SVOIP
NVO

DS

SIPR

NIPR

AK
SMO




Defense_Unc|ass_EmaiI_O295

02588790
29979

From: Taylor. Carolyn Y. CW2 2510 SM

Sent: Wednesday, January 26, 2011 l2:42 PM
To: Bouchard, Paul R. CPT USD-C SJA TDS Sr Defense Counse?

Cc: Fein, Ashden CPT USA A

Subject: FW: Wikileaks Issue

UNCLASSIFIED I FOR OFFICIAL USE

Sir.
I think it best that you send her your and your POC for the SCI nominanon should be your rater. as they know firsthand your need
for the infonnalion.

Let me know what other assistance you require. Chief

Defense_Unclass_Emai|_0296

02217190

29980

From: Taylor, Carolyn Y. cw2 25:0 SJA
Sent: Thursday, January 27, 2011 2:04 A

To: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel
Cc: Fein, Ashden CPT USA SJA

Subject: Request for SCI Access memo.doc

Attachments: Request for SCI Access memo.doc

Signed By:



Sir,

Please complete the memo. I think it best to have the Sr. Trial Defense
Counsel sign the memo for you. Please write the justification and if you need
anything else, please let me know.

Chief
CAROLYN Y. TAYLOR

CW2, JA
Legal Administrator

DSN
SVOIP



UNC

Defense_Unclass_Emai|_0297

02215564
29981

From: CO TDS Sr Defense Counsel
Shun: ay, anuaqr

To: TayIor, Carolyn v. cw2 25:0 SJA
Cc: Fein, Asnden CPT USA SJA
subject: RE: Request for SCI Access memo.doc


Attachments: ?ned.
signed By:

Chief Taylor:
Per your request.

Respectfully,
CPT Bouchard

Paul Bouchard

CPT, JA

Senior Defense Counsel?
Camp Liberty, Iraq

APO AE 09344

DSN:
SVOIP:



Defense_Unclass_EmaiI_0298

29982



From: Bouchard, Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel
I

Sent: Thutsday, January . 11 :4 AM

To: Tayior, Carolyn Y. CW2 25ID SJA

cc: Fein, Ashden CPT USA SJA
Subject: FW: security clearance (UNCLASSIFIED)
.Anachnnuns:

Siam 8v:

Chief:

Per your request.

Respectfully,

CPT Bouchard

Paul Bouchard

CPT, JA

Senior Defense Counsel
Camp Liberty, Iraq
APO AE 09344

DSN:
SVOIP:

Defense_Unc|ass_EmaiI_0299

02911417
29983

From: Fein, Ashden CPT USA SJA
Sent: Thutsda .Janua 27,2011 6:29 AM

To:

Subject: le: ieque! ion? !ccess memo.!oc

No request should be needd. The Dept of the Army 62 will direct your division SSO to conduct
the read-on, unless this is easier. Thx.

Ashden Fein
CPT, JA

(C)
2

Defense_Unc|ass_EmaiI_030O



02217188

29984

From: Taylor, CaroIyn Y. cw2 25:0 s.
Sent: Thursday. January 27, 2011 7:07 A

To: Fein. Ashden CPT USA SJA

Cc: Bouchard. Paul R. CPT USO-C DSTB CO TDS Sr Defense Counsel
Subject: RE: Request for SCI Access memo.doc

S?gnodlay:

UNCLASSIF

Sir,

Believe it to be easier, based on my chat with the S50 here. He'll follow
through and see what happens.



CAROLYN Y. TAYLOR
CH2, JA

Legal Administrator
DSN
SVOIP






Defense__Unclass_EmaiI_0301

0291 2452

From: Fein, Ashden CPT USA SJA
Sont: Fn?day, January 28. 2011 8:55 AM
To: Habedand, John CPT MIL USA



29985

Cariile, Monica L. SFC USA SJA

cc: 'Kemkes, Matthew MAJ MIL
Attachments: 1 an-2 Memo or rig ense Team Members (ManningB).pdf

John. Please ensure the Brig receives this updated Access Roster.

Ashden Fein

CPT, JA

Chief, Military Justice

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


rm:
5IPR

Defense_Unclass_EmaiI_0302

Thank you.

7?



02215561

Previously in End 1

From:
Sent: Friday, January 28, 2011 9:03 AM

To: Fein, Ashden CPT USA SJA
Carlile, Monica L. A -N
Haberland,John CPT MIL USA

Subject: Update



Ashden,
I wanted to touch base with you on a couple of issues:
1) Are there any issues with the 11 February 2011 transport of PFC Manning to Fort Myer?

2) Has LTC Greer (Quantico SJA) released the requested Brig documents concerning PFC Manning's
classi?cation and assignment to you? He indicated that they were doing so.

3) Have you heard anything regarding the Article 138 complaint?

4) Is there an investigation into why CWO4 Averhart placed PFC Manning on suicide risk? If so, can you
update me on the status?

5) Where do we stand on the 505(h) issue for the 706 board?

Best,
David

David E. Coombs, Esq.

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

Of?ce: 1-800-588-4156

Fax: (508) 324-9896



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

Defense_Unclass_Email_0303
e__L



0221 5559

29987

From:

Sent:

To:

Cc:
Subject:
Signed By:

CPT Fein -- FYI

Bouchatd. Paul R. CPT USD-C DSTB CO TDS Sr Defense Counsel

on y, anuary
Fein, Ashden CPT USA SJA: Paul Bouchard

New e-mail address for CPT Bouchard

r-e~ email address is:


CPT Bouchard

Paul Bouchard
CPT, JA

Senior Defense Counsel

Camp Liberty, Iraq
APO AE 09344

DSN:
SVOIP:

Defense_Unclass_Emai|_0304



29988

From:
Sent:
To:

Cc:
Subject:

Mr. Coombs,

Fein, Ashden CPT USA SJA

Monday, January 31, 2011 3:48 PM

Rains. Lany Mr CIV USA DCS Carlile, Monica L. SFC USA SJA
Davis. Bonita CIV USA DCS G-2

RE: (U) Mr. Coombs - Interim SCI granted

win you be able to come down before 11 Feb or do you want to schedule early

11 Feb?

Ashden Fein
CPT, JA

Chief, Military Justice



Defense_Unclass_Emai|_0305

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

02231285
29989

From: Rains, Larry Mr CIV USA DCS

Sent: Monday, January 31, 2011 3:45 PM

To: Fein, Ashden CPT USA Canile, Monica L. SFC USA JFHQ-

SJA
Cc: Davis, Bonita CIV USA DCS G-2
Subject: (U) Mr. Coombs - Interim SCI granted

Classification: OFFICIAL USE ONLY
Ashden,

Mr. Coombs was granted an Interim as of today. what are the plans to
get him indoctrinated? will he be in the area anytime soon?

Best regards,
Larry

Larry Rains

Security Manager/SSR
HQDA, ODCS, 6-2

1666 Army Pentagon
Washington DC 26316-1666
Comm:
Fax:



Classification: OFFICIAL USE ONLY

Defense_Unclass_Emai|_0306

29990



Carlile. Monica L. SFC USA JFH SJA
rom:

Sent: Monday.Janua1y 31, 2011 5:07 PM
To: ?Rains, Larry Mr ?Figueroa. Hector
CIV USA DCS
Cc: Fein, Ashden CPT USA SJA

Davis, Bonita CIV USA DC G-2

Subject: FW: (U) RE: RE: (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

I have been working with Mr. Figuetoa to get Mr. Coombs taken care of up nonh. Just waiting for the go-ahead to get it scheduled.

Mr. Figuetoa.
We have the green light! Just let me know the location and contact infomtation and we will get it done.

Thank you for all of you; assistance in getting this taken care of so dam quickly!

V/r
SFC Carlile

Defense_Unc|ass_EmaiI_0307

02886251
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, January 31, 2011 10:03 PM

To:

Cc: Matthew kemkes; Cadile, Monica L. SFC USA Haber1and.John CPT

MIL

Subject: RE: Upda

Importance: High

David,

As of today, all members of the RCM 706 are read-on to the required compartments and below is
a status of the Defense team members:

Coombs-scheduling local read-on or in DC Kemkes-Complete Bouchard-scheduling read-on in
theater Ganiels-Complete Hall-Complete Moore-Complete Smith-*Need SSN and full name

In addition, Malone and Alamanza are good. Tomorrow we are going to start coordinating re-
starting the RCM 706, with the understanding that the Board will not meet with the accused
prior to you being read-on and having the ability to meet with your client first.

1) Are there any issues with the 11 February 2011 transport of PFC Manning to Fort Myer?
This transportation is lined up. Assuming you are read-on by then, are you going to want to
meet with your client in a SCIF during that trip?

2) Has LTC Greer (Quantico SJA) released the requested Brig documents concerning PFC
Manning's classification and assignment to you? PFC Manning's command received the documents
they requested in order to better understand the POI status and make recommendations to the
Brig on the POI status. The Coc is involved in ensuring PFC Manning is being properly taken
care of and ensuring the Brig provides adequate care, safety, and security for PFC Manning.
As you should already know, since PFC Manning's confinement, his chain of command visits
practically every week to ensure he is doing well, including the new garrison CSM in the past
10 days.

3) Have you heard anything regarding the Article 138 complaint? Quantico is in receipt of
the complaint and they are processing the complaint IAN with the USMC rules.

4) Is there an investigation into why cwo4 Averhart placed PFC Manning on suicide risk? If
so, can you update me on the status? we are not aware of an investigation; however if there
is an investigation, it would be solely within the USMC chain of command. I do know that CN4
Averhart as part of his normal change of jobs.

5) where do we stand on the 505(h) issue for the 706 board? we are working on finalizing
our formal response to your request, in order to present to you for your review this week,
along with proposed COAs if you disagree.

6) Could you and the rest of your defense team please coordinate a head of time with the
Brig if you are planning on calling or visiting your client. It is not the normal practice
for the Brig to quickly react and they will not always be able to accommodate no-notice phone
calls and no-notice visits, unless during visiting hours, including CAPT Moore. Although
CAPT Moore provides services at the Brig for other pre-trial confinees, he will not be
granted his accustomed access to PFC Manning, without prior coordination, because he is now
part of the defense team.

Defense_Unc|ass_Emai|_0308



- -

02886251
Previously in End 1

Thank you.

Have a good week.
Ashden Fein

CPT, JA

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



Defense_Unclass_EmaiI_0308



0221 5555
Previously in Encl 1

From:
Sent: Monday, January 31, 2011 10:38 PM

To: Fein, Ashden us?.

Cc: Matthew kemkes Carlile, Monica L. SFC USA JFHQ-
SJA ;Haberland,John CPT MIL

USA
Subject: [Suspected RE: Update






Ashden,

How long do you anticipate the read-on to require? Depending on the length of time, I may be able to
conduct this in D.C. on the 11th.

1) Even if the read-on is completed before or on the 11th, I would like to have PFC Manning taken to Fort
Myer. MAJ Kemkes needs to meet with PFC Manning in the morning, and I will be joining them in the
afternoon.

2) The defense would like to have the documentation provided by LTC Greer. Will you be releasing this
information as part of the requested defense discovery?

3) Got it. Have they provided you with any details for timing?

4) Understood. The defense would like for the government to inquire as to whether there is an
investigation of CW04 Averhart. The defense believes this information is relevant for any Article 13
motion.

5) Understood.

6) I will make sure that Capt. Moore is made award of this issue. I would like for you to have John
inquire why I was denied access to PFC Manning last Sunday. I had called ahead of time and coordinated
the attorney visit with Blenis. He informed that it would not be a problem. when I arrived at
Quantico, I was denied access. The DBS informed me that they were not aware of my planned visit. I
want to avoid this from happening again in the future.

7) COL Malone: Can you con?rm that COL Malone recommended that PFC Manning be removed from POI
watch last week? I have been told that he did, but I want to verify this information.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508)324-9896

i I .

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

Defense_Unclass_Emai|_0309

02215552
Previously in Encl 1



From: Boucham, Paul CPT USCENTCOM USF-I


SamTo: Fein, Ashden CPT USA

Cc: Matthew kemkes; Carlile, Monica L. SFC USA I-Iaberland,John CPT


suumun: RE:Luxune

Signed By:

FYI

I completed the read on certificates today at Canp Liberty, Iraq.


CPT Paul Bouchard

Defense_Unclass_EmaiI_0310

02212751
29995

From: Figueroa, Hector cw USA ocs G-

Sent: Tuesday, February 01. 2011 6:37 AM

To: Canile, Monica L. SFC USA Rains, Larry Mr CIV USA DCS G-2

cc: Fein, Ashden CPT USA
Davis, Bonita CIV USA DCS Taylor, Ms CIV USA DCS McCoy,
Clifford CIV USA DCS G-2

subject: RE: (U) RE: RE: INDOC (UNCLASSIFIED)

8umNuIBy: I

Classification: OFFICIAL USE ONLY

SFC Carlile,

I have verified SCI eligibility for Mr. COOMBS. If he is still in
Charlottesville, I can send the Indoctrination Assistance message to SSO NGIC
today. I have a very reliable POC at NGIC who will take care of this matter.
Please provide me a good day-tine number for Mr. Coonbs so that when they
receive my request, they can contact him directly to schedule his SCI
indoctrination.

Standing by.

Defense_Unc|ass_Emai|_031 1
:ji

02886248
29996

From: Fain, Ashden CPT USA SJA

sent: Tuesday. February 01. 2011 6:45 AM

To:
Cc: ew kem es; Cadile, Momca . SFC USA JFHQ-NCRIMDW



Subject: Re: Update

Thanks.

Ashden Fein

CPT, JA




-?23

Defense_UncIass_Emai|_031 2



29997

From: Fein, Ashden CPT USA SJA
Sent: Tuesday. February 01. 2011 6:46 AM

To: Carlile, Monica L. sr=c USA
Cc: coom armycounmanialdefense.corn';





(ULA

Suhhn:

Thank you. CPT Bouchard was read-on today in theater.

Ashden Fein
CPT, JA



Defense__Unclass_Emai|_0313

02215549
29998











From:
Sent: Tuesday, February I. 20ll 7:25 AM I
To: igueroa.l-Iector CIV USA DC G-
Cc: Fein. Ashden CPT USA SJ A
Davis,Bonita IV USA DCS G-2 Tay or,C

McCoy,C|ifford CIV
. onica L. SFC USA
Rains,Larry Mr CIV USA

Ms CIV USA DCS G-2
USA DCS G-2

SJA
DCS G-2
Subject: [Suspected RE: (U) RE: RE: INDOC (UNCLASSIFIED)

Mr. Figueroa,

I am in Charlottesville until 11 Feb. Please have your POC at NGIC contact me at - to
coordinate my indoctrination. Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 324-9896
mm



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

Defense_Unc|ass_Emai|_0314



0221 2746

29999



From: Figueroa, Hector cw USA DCS G-2

Sent: Tuesday. February 01. 2011 7:28 AM

To:

Cc: Fein. Ashden CPT USA Davis, Bonita CIV USA DCS Taylor.
Ms CIV USA DCS McCoy, Clifford CIV USA DCS Carlile, Monica
L. SFC USA JFHQ-NCRIMDW SJA: Rains. Lany Mr CIV USA DCS G-2

Subject: RE: (U) RE: RE: IMDOC (UNCLASSIFIED)

??gnodlBy:

Classification: OFFICIAL USE ONLY
Mr. Coombs,
will take care of this action right away.

Thank you.

Defense_U ncIass_Emai|_031 5



02212742

subject:
Signed By:

Classification: OFFICIAL USE ONLY

Mr. Coonbs,

The message to SSO NGIC was just transmitted.
Lisa Scott to schedule your indoctrination.

Thank you.

Defense_Unclass_EmaiI_0316

4 CW USA 003 9'2

Tuesday, February 01. 2011 9:12 AM


Fein, Ashden CPT USA Davis. Bonita USA DCS Taylor,
Ms CIV USA DCS McCoy, Clifford CIV USA DCS Carlile, Monica
L. SFC USA Rains. Larry Mr CIV USA DCS Peeler.
M: CIV USA DCS G-2

RE: (U) RE: RE: INDOC (UNCLASSIFIED)

You will be contacted by Ms.

0221 5548

Previously S?ib?aifted in Encl 1





From:

Sent: Tuesday, February 1, 2011 12:09 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Carlile, Monica L. SFC USA JFHQ-
SJA Haberland,John CPT MIL
USA

Subject: Susan Manning's Visit

Ashden,

I also wanted to con?rm the time and days for PFC Bradley's mother visit. She is planning on coming February and also on 19 and 20 February. Am I correct that her visiting hours
will be from 1200 to 1500 on both days? Also, I wanted to make sure that the Brig knew she was coming
and that there would be no issues with her getting on post.

Best,
David

David E. Coombs, Esq.

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

Of?ce: 1-800-588-4156

Fax: (508) 324-9896



ilfn.m



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

Defe nse_Unclass_EmaiI_031 7

02203203
Previously Sy5>6B'5ted in End 1

From: Haberland. John cm MIL USA

Sent: Tuesday, February I. 2011 12: 12 PM

To: ein. Ashden CPT USA
SJA

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

Subject: RE: Susan Manning's Visit (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOU0

Sir,

I wil coordinate with the Brig to determine the exact visiting times and make sure that they are aware that his mother
wil be visiting.

Very Respectfully,

CPT John B. Haberiand

Regimental Judge Advocate

3rd U.S. Infantry Regiment (The Old Guard)
Office:
88:
Building 242, Fort Myer, Virginia 22211

NIPR: I
SIPR: (Please notify via NIPR)



Defense_U nclass_EmaiI_O318



02215547

30003

From:
Sent: Tuesday, February 1,2011 12:42 PM

To: Fein, Ashden cm? USA

Cc:




Carlile, Monica L. SFC

Subject: [Suspected RE: (U) RE: RE: INDOC (UNCLASSIFIED)

Ashden,

I have scheduled my indoctrination on Thursday morning with NGIC. I will con?rm when this is
completed.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 324-9896
mm



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

Defense_Unclass_Emai|_0319

0291 1637
30004



From: Fain, Ashden CPT USA SJA

Sent: Tuesday, Febmaty O1. 2011 1:16 PM

To:

Cc:

Carlile, Monica L. SFC USA

subject: (UNCLASSIFIED)

Thank you.

Ashden Fein
CPT, JA

E23

Defense_Unclass_Emai|_0320

02886247
30005

From: Fein. Ashden CPT USA SJA
sent: Wednesday, Febmary 02, 2011 7:27 PM

To:
Subject: update

David,

Are you available tomorrow for me to give you an update and discuss some issues? Thanks.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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

CELL:




Defense_Unclass_EmaiI_0321

02215546

30006

From:

Sent: Wednesday, February 2, 20] 1:0] PM

To: Fein, Ashden CPT USA SJA
Subject: RE: update

Ashden,

My day is booked solid. I could talk after 1730. will that work for you?

Best,
David

David E. Coombs, Esq.

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

Of?cez 1-800-588-4156

Fax: (508) 324-9896



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

Defense_Unclass_Email_0322

02886267
30007



From: Fain. Ashden CPT USA SJA
Sent: Wednesday, Febmary 02. 2011 11:05 PM

To:
Subject: Re: update

After 1730 is always best. one short suspense FYI- we will likely receive the green light
from the CA to restart the 706 tomorrow. this knowing you still need to sit down with your
client prior to the 796 interviewing him.

Ashden Fein
CPT, JA

(C)




Defense_Unc|ass_Emai|_0323



02215544
30008

From:

Sent: Wednesday, Febmary 2, 201] I :1 1 PM

To: Fein. Ashden CPT USA
Subject: RE: update

Sounds good. Call me anytime after 1730 at-

Best,
David

David E. Coombs, Esq.

Law O?ice of David E. Coombs

45 North Main Street. 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



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

Defense_Unclass_Email_0324

30009

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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