Title: Volume FOIA 093

Release Date: 2014-03-20

Text: 30010

Volume 93 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

02891837 Previously Submitted in End 77
Previously S??miil?ed in End 1

From: Fein, Ashden CPT USA SJA

Sent: Thursday, February 03, 2011 7:42 PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Cc: Benesh, Samantha CPT MIL USA MEDCOM

Hemphill, Maria LTC MIL USA MEDCOM Morrow JoDean, CPT USA
Cariile. Monica L. SFC USA

Subject: 7 er (PFC

Attachments: 706 Order.pdf

Importance: High

Dr. Sweda,

Good evening.

Attached is the Convening Authority's order to re-start the
RCM 706 Board for PFC Manning.

The prosecution intends to prepare the

allied documents to send to you and your team early next week. If you have

any questions, please ask.

v/r
CPT Fein

Ashden Fein
CPT, JA

Thank you.

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

COMM:
CELL:
NIPR:
SIPR:

Tracking:

Defense_Unclass__Emaii_0325



02911568
Previously Sugtaraqged in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Thursday. Febmaty 03, 2011 7:50 PM

To:

Cc: Matthew kemkes: Cariile. Monica L. SFC USA JFHQ-NCRIMDW HaberIand.John CPT
MIL Morrow m, JoDean, CPT USA JFHQ-
DMBRAWDVV SJA

subject: RE: [Suspected RE: Update

David,

After Further review of my emails, I think we spoke about all outstanding issues today.
Please let ne know if there is anything else. Thank you.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unc|ass_EmaiI_O326

02215543
30013

From: Bouchard, Paul CPT USCENTCOM USF-I
1

Sent: ay. ruary

To: Fein. Ashden CPT USA SJA

subject: RE: RCM 708 Order (PFC BM)

Bv=

Thanks, Ashden.



Paul

Defense_Unclass_EmaiI_0327

02215541 Previously Submitted in Encl 77
Previously Sgg?qitted in Encl 1

From:

Sent: Monday, February 7, 201 8:46 AM

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

Hemphill,Marla LTC MIL USA MEDCOM
Morrow JoDean, CPT USA IFHQ-
Carlile, Monica L. SFC








kem kes

Sweda,Michael Dr CIV USA MEDCOM WRAMC

Subject: [Suspected RE: RCM 706 Order (PFC BM)
Dr. Sweda,

The R.C.M. 706 order indicates that the defense would like Capt. Kevin Moore to be permitted to "monitor
the examinations conducted by members of the board." I would like to clarify that the defense does not
want Capt. Moore to participate in the 706 board or to interject himself in any manner during the board.
we simply request that Capt. Moore be allowed to sit while the board conducts its work. The goal of this
request is so that he could be in a better position to educate defense counsel on the board's testing and
results.

Additionally, although the convening authority has given a four week suspense date for completion of the
board, the defense views this suspense as aspirational. Clearly, you and the board should feel free to take
the time necessary to conduct a thorough and complete examination of PFC Manning. If the board
requires an extension of time, you should feel free to submit such a request through the trial counsel.
Undoubtedly, any request for an extension of time by the board would be granted. In the end, the most
important thing is that the board takes the time it needs to in order to feel comfortable with its results.

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 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_Email_0328

02891868 Previously Submitted in End 77
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Monday. February 07. 2011 8:50 AM

To:

Cc: Benesh.Samantha CPT MIL USA MEDCOM HemphiI|,Mat1a LTC MIL USA

MEDCOM Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA: Carlile. Monica L.
SFC USA SJA: Matthew kemkes;
Sweda.Michae| Dr CIV USA MEDCOM WRAMC

Subject: RCM 706 (PFC BM)

Dr. Sweda,

Good morning. The prosecution has a compact disk of documents to serve as the allied

documents for this case. Hhat is the best way to ensure prompt delivery to you and the

board? Thank you.

v/r

CPT Fein

Ashden Fein

CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_Unclass_EmaiI__O329



02891863

Faun:
Sent:
To:
Cc:

Subject:

David,

Previously in Encl 1

Fein, Ashden CPT USA SJA

Monday, February 07, 2011 9:07 AM



Morrow Ill, JoDean, CPT USA SJA: Cariile. Monica L. SFC USA JFHQ-
NCRIMDW Matthew kemkes;

RCM 706 (PFC BM) Documents

The United States plans on giving the RCM 706 Board a CD of all the allied documents the

defense has received to date.
not Focus on, in order to help then get through all the data.

we also plan on compiling a list of documents the board should
once we finish the list today,

we will send it to you for comment and input.

Ashden

Ashden Fein
CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_UncIass_Email_0330



02221876 Previously Submitted in Encl 77
Previously S?i?myted in Encl 1

0
Sent- onayFain. Ashden CPT USA JFHQ-NCRIMDW
Cc: Motrow Ill, JoDean, CPT USA Cariile,
on ca . Matthew kemkes:

Subkun:
Sisnod By: 0-

Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein,

Dr. Sweda will be out of the office the rest of this week; please send the
disk to my attention via courier or Fed-Ex to the Following address:

ATTN: HA3 Samantha Benesh

6900 Georgia Ave, NM.

6/Borden Pavilion, 3rd Floor
Department of
Hashington, DC 20307

Please do NOT send the disk via USPS/regular mail. our mail system at HRAMC is
notorious for losing letters or delivering them only after a significant
delay.

v/r,

Samantha M. Benesh

MAJ, MS, USA

Forensic Fellow
Walter Reed Army Medical Center
Office:

DSN:
Cell:
Fax:



Defense_UncIass_EmaiI_0331

02900769 Previously Submitted in Encl 77
Previously in Encl 1






From: Fein. Ashden CPT USA SJA
Sent: Wednesday. February 09. 2011 6:49 AM

To:

Cc:



- an, CPT USA
SJA: Matthew kemkes:

Habenand. John on MIL USA
Subject: RE: Initial plan for eval

Dr. Sweda,

Thank you. Cced are the defense counsel. As per the convening authority's guidance
(paragraph 5, order dated 3 Feb 11, you as the Board president are authorized to ?determine
the extent to which the defense expert consultant Moore] may participate in the board's
inquiry.? At this point, this decision is strictly up to you.

If you feel CAPT Moore's participation will hinder the administrative process and/or affect
the board's test results and testing, and you want to exclude him from the overall process,
this is completely up to you. The defense would then have to re-petition the convening
authority to change his guidance. However, if you feel that CAPT Moore can fully
participate, or participate in some manner (less than full), then you may approve that as
well.

To reiterate what Mr. Coombs stated in his email on Monday, 7 Feb 11, the most important
aspect of this RCM 706 (and all others) is that the board has adequate enough time to
complete the process and is comfortable with the results. If CAPT Moore's participation
affects the results, then you are empowered to exclude him from the process.

For the 16th and 17th, where do you envision the interview and testing to take place
If at HRAMC, is it possible to schedule both during off-set hours? Pending contrary
guidance, we will start making tentative plans for you to meet with PFC in a SCIF on 1 Mar.
we are still working on the location, but it will likely be in or around Ft Belvoir, VA.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (Mow)
CUM:
CELL:
NIPR:
SIPR:



Defense_Unc|ass_EmaiI_0332

0221 5540

30019
From_ Bouchard, Paul CPT USCENTCOM USF-I


Sent: Wednesday, February 9, 2011 6:49 AM

To: Fein, Ashden CPT USA SJ A
Subject: Out of Office: Initial plan for evaluation schedule (UNCLASSIFIED)

I am currently TDY. I can be reached a


CPT Paul Bouchard

Defense__Unclass_Email_0333



02221859 Previously Submitted in Enol 77
Previously Sgg?ggted in Encl 1



Sent: Wednesday, February 9, 201 I 7:52 AM

To: Fein. Ashden CPT USA SJA

Cc:





coom armycourtmarti ense.oom; orrow CPT USA IF HQ-
SJA Matthew kemkes




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

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir".

We plan to evaluate at the Quantico brig if at all possible. 1 do not perform evaluations of individuals who are confined at WRMAC
for security and other reasons.

We will get back to you about CAPT Moore's possible participation through unobtmsive observation for the intcniew portions of the
evaluation I am clear that his during the testing phases is undesirable front a standpoint of standard test
administration.

Michael Sweda

Defense_Unclass_EmaiI_0334

02221853 Previously Submitted in Encl 77
Previously in Encl 1

Fr?m=

Sent: Friday, February 201] 6:43 AM

To: Fein, Ashden cm USA sm

Cc:
coorn armycourtmanra eense.c0m; orrow ean,CPT USA

Sue Matthew kemkes


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



Classification: UNCLASSIFIED
Caveats: NONE

CPT Fcin:

I have considered the request for CAPT Moore to attend the inten-iew portions of the evaluation and I am willing to accommodate the
request speci?cally to increase the transparency of the process. lckaally the interview should be observed through a one way minor. I
belieye this arrangetnerl is available at Quamico. If a SCIF can be chosen with a one way mirror that would be ideal but is not an
absolute requirement (just a desirable feature).

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

MAJ Benesh will begin with testing on Tues 16 Feb. Wed 17 Feb will be the first interview at Quamico. If you could contact the brig
for me to arrange for use of appropriate space. as I am on TDY now. I would appreciate it. The SCIF irleniew date will be agreed
upon early next week.

Thank you!

Michael Sweda

Defense_Unclass_Email_0335

02221850 Previously Submitted in Encl 77
Previously in Encl 1

From




Sent: Friday, February 2011 6:49 AM
To: Fein. Ashden CPT USA SJA
Cc:
coom annycourtmam ense.com; orrow Jo can, CPT USA JFHQ-

SJ A Matthew kemkes

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

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sin correction to Ill: pn'or. Evalualiom will still be the 16th and 17th. but the imewiew will be on ll: l6lh (which is a
Wednesday) and testing will be on 17th (a Thursday).

Michael Sweda

Defense_Unc|ass_Emai|_O336

02221847 Previously Submitted in Encl 77
30023

From: Benesh, Samantha MAJ MIL USA MEDCOM

Sent: Monday, February 14. 2011 8:02 AM

To: Cariile, Monica L. SFC USA SJA

cc: Fein. Ashden CPT USA
Swede, Michael Dr CIV USA MEDCOM Hemphill, Maria LTC MIL USA
NEHNJONIBANK:

subject: RE: RCM 706 (PFC BM) (UNCLASSIFIED)

Suuwulayz

Classification: UNCLASSIFIED

Caveats: NONE

SFC Carlile,

I attempted to open the documents on the CD you brought over but they are
using Credent Mobile Guardian version 5.3 and we only have 5.2 at
HRAMC. I contacted DOIM here and they are unable to install 5.3 on my machine.
Unfortunately this means we will need you to get us a new CD with the
documents with older software or using a different format.



Samantha H. Benesh
MAJ, MS, USA

Forensic Fellow
Walter Reed Army Medical Center

Office:
DSN:
Cell:
Fax:

Defense_Unclass_Emai|_O337



02900754 Previously Submitted in End 77
Previously in End 1

From: Fein, Ashden CPT USA SJA
sent: Monday. February 14, 2011 8:14 AM

To:
Cc:
coom an'nycounmartialdefense.com'; Morrow JoDean, CPT USA


Matthew kemkes; 'Haber1and, John CPT MIL
Carlile. Monica SFC MIL USA OSA
Subject: RE: Initial plan for evaluation schedule (UNCLASSIFIED)




Dr. Sweda,

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

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

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

v/r
CPT Fein

Ashden Fein

cpr, JA

Chief, Military Justice

U.S. Army Military District o~F Washington (row)
C0594:
CELL:
NIPR:
SIPR:



Defense_Unclass_Emai|_0338

02221844 Previously Submitted in Encl 77
Previously in Encl 1

Sweda. Michael Dr IV USA MEDCOM WRAMC

mm:

Sent: Monday, February l4, 20ll 8:43 AM

To: Fein, Ashden CPT USA S1 A

Cc: ?Benesh, Samantha MAJ MIL us?. MEDCOM MAMC

Morrow Ill,
0 can? - DW SM

Matthew
I-laberlan e, Monica SF
MIL USA OTJ AG

Subject: Initial plan for evaluation schedule (UNCLASSIFIED)





Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir.
We will do the non-classified portions of the evaluation at Quantico. Thank you for getting in a new CD.
We plan on starting the evaluation on the l6th at 0830. allowing for a possible delay due to traffic. which on occasion is very difliuilt.

v/r.

Michael Sweda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Service

Director. Forensic Fellowship Walter Reed Army Medical Cerler






(fax)
(business
(personal mobile)

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

Defense_Unclass_Emai|_O339



02896404

Filenamez

From:

Sent:
Subject:

Size:

Defense_UncIass_EmaiI_0340

Previously Su?tacagged in Encl 1

MRE

Fein, Ashden CPT USA
SJA



Monday, February 14, 2011 4:12 PM
MRE 505(h)(1)

(2,925,568 bytes)

02215538
Previously S%i}ted in Encl 1

From:
Sent: Tuesday, February I5. 201 1 10:54 AM

To: Fein, Ashden CPT USA S1 A








Cc: Morrow JoDean, CPT USA SIA
Carlile, Monica L. SFC USA JFHQ-
. Matthew kemkes
~Iaberland,.lohn
Hall Cassius Mr FMMC (FTMYER)
Subject: [Suspected RE: MRE 505(h)(1)
Ashden,

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

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

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

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_EmaiI_0341

02221842

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 77
Previously in Encl 1

Sweda. Michael Dr CIV USA MEDCOM WRAMC

Tuesday, February 15. 2011 ll:56 AM

Moore? Kevin 0- CAPT

Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Morrow

JoDean, CPT USA SJA










Carlile, Monica SFC
Fein, Ashden CPT USA JFHQ-



Haberland, John CPT MIL USA
MIL USA OTJAG
SJA

RE: 706 Evaluation (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: NONE
CAPT Moore:

I gave notice yesterday tint we are planning to begin tomorrow at 0830. with possible allowance for a somewhat later start if the
Board meniiers are delayed by traffic. Please adjust your accordingly.

The for the observing health professioml is that there is to be no interaction by the observer with the evaluee during the
evaluation process. meaning the entire day that we see him for each interview.

Thank you

v/r.

Miclnel Swoda ABPP (Forensic)

Board-Certi?ed Forensic PS.V%hologist

Chief. Forensic Service

Director. Forensic Pqchology Fellowship Walter Reed Army Medical Center





(fax)
(business blackbeny)
(personal mobile)

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

Defense_Unclass_Emai|_O342

Previously Submitted in Encl 79





02219519
Previously in Encl 1

Fro--= Armam Paul

Sent: Tuesday, February I5, 20| 1 2:09 PM

To: Fein. Ashden CPT USA SJA
Cc: Carlile, Monica L. SF USA SJ A


Morrow JoDean, CPT USA
DW SJA

Subject: RE: Article 32 (PFC Manningtead on I know we're still on delay pending the completion of the sanity board. I do. however. have two
questions. which have a bit mole urgettcy now based on the fact that I understand I'm going to get activated on 1 April for six? momhs;

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

and

2. Goverttmem. how long do you estimate the hearing will take. in terms of the got-'crtunent's presentation of evidence?
Thank you.

LTC Almatm

Defense_UncIass_EmaiI_0343

02909159 Previously Submitted in End 79
Previously in End 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday. February 15. 2011 11:01 PM

To: Ahnanza,PauI

Cc: Carlile, Monica L. SFC USA

Matthew kemkes; Morrow Ill, JoDean, CPT USA
Eoan. Michael CIV JFHQ-NCRIMDW
Haberland, John CPT MIL USA

Subject: RE: Article 32 (PFC Manning)

Sir,

Good evening. Currently the sanity board has a suspense of 3 March 2011. Assuming the board

adequately completes their Findings by the suspense, then the United States expects the

Article 32 to be ready to start by 15 March 2011, absent any additional delays.

Once the

hearing starts, the United States estimates a total of three days to complete.

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

v/r
CPT Fein

Ashden Fein
cpr, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_Unc|ass_Email_O344



02896402

Filename:

From:

Sent
Subject:

Size:

Defense_UncIass_Email_0345

Previously SJ3:5>6gifted in Encl 1

RE: MRE

Fein Ashden CPT USA

SJA

Tuesday, February 15, 2011 11:08 PM
RE: MRE 505(h)(1)

182KB (185,344 bytes)

02219516

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 79
Previously Sya?ggted in Encl 1

Almaw? Paul

Wednesday, February 16, 201 1 8:07 AM

Fein, Ashden CPT USA SJA

Carlile, Monica L. SFC USA SJA

Monow JoDean, CPT USA

Egan, Michael IV






SJA




Re: Article 32 (PFC Manning)

Thanks. CPT Fein Assuming stspemes are met. there should be no problem.

Tho activation will be in the local area.

L'I?CAlmanza

Defense_Unc|ass_Emai|_0346

02215535





Previously Sgaggted in Encl 1

From:

Sent: Wednesday, February 2011 1:07 PM

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

Carlile, Monica L. SFC USA JFHQ-
Matthew kemkes
Haberland,John
CPT MIL USA

Subject: Discovery Request

Attach: Discovery Request - 16 Feb 11.pdf

Ashden,

Please see the attached supplemental discovery request.

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



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_O347

02903815
i 30034

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, February 16. 2011 1:55 PM

To:

cc: Morrow JoDean, CPT USA Carlile. Monica L. SFC USA JFHQ-
Matthew kemkes; HabeI1and,John CPT


Subject: RE: Discovery Request

Ack. Thank you.

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unc|ass_Email_0348

02215529 Previously Submitted in Encl 79
Previously Mgted in Encl 1

From:
Sent: Thursday, February 17, 2011 5:05 PM

To= A1manza.Pau|?









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

Subject: Article 32 (PFC Manning)

Attach: Article 32 Compel Discovery .pdf

LTC Almanza,

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

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



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_0349

Previously Submitted in Encl 79






0221 551 3
Previously Smgted in Encl 1

From:

Sent: Thursday, February 17, 2011 5:15 PM

To: vauimmanzam

Cc: Carlile, Monica L. SF USA SJA

Matthew kemkes
Morrow IH, JoDean, CPT USA
Egan, Michael CIV
Fein, Ashden CPT USA SJA

Subject: Article 32 (PFC Manning)

Attach: Attachment A.pdf; Attachment B.pdf; Attachment C.pdf; Attachment D.pdf; Attachment

E.pdf; Attachment .pdf
LTC Almanza,

Here are the attachments to the defense motion.

Best,
David

David E. Coombs, Esq.

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

Office: 1-800-588-4156

Fax: (508) 324-9896

rm

"If

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_Unc|ass_Email_0350



Previously Submitted in Encl 79





02219515
Previously in Encl 1

From: Aimam Paul

Sent: Friday, February I8, 20ll ll:4l AM

To:

Cc: Carlile, Monica L. SFC USA SJA

Matthew kemkes
Morrow JoDean, CPT USA
Egan. Michael IV IF
SJA
Fein, Ashden CPT USA SJA

Subject: RE: Article 32 (PFC Manning)

Thank you, Mr. Coombs.

Government, any response? If so, please submit by C08 on 25 Feb 11.

LTC Almanza

Defense_U nclass_Email_0351

02215512
30038

From:
Sent: Friday, February 18, 2011 3:03 PM

To: Fein, Ashden CPT USA SJA





Cc: Morrow JODean, CPT USA SJA
Carlile, Monica L. SFC USA JFHQ-
SJA Matthew kemkes
Haberland,John
CPT MIL USA
Subject: Quantico Visitation
Ashden,

I know this is late notice, however, I have a small Quantico issue that I am hoping you can assist on. Last
weekend, PFC Manning's aunt and mother went to Quantico to see him. His aunt has been to Quantico on
numerous occasions. Unlike in the past, she was forced to wait at the gate until she could be escorted to
the brig by military police. This requirement cut into their visitation time since they had to wait at the
gate for over a half of an hour on each day. The family is going to see Manning again this weekend. I
was wondering if anything can be done to find out why this is a new requirement, and whether it is truly
necessary. Thanks.

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



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_0352

02892062
30039



From: Fein, Ashden CPT USA SJA

Sent: Friday. February 18. 2011 3:06 PM

To:

Cc: Morrow JoDean, CPT USA Cariile, Monica L. SFC USA JFHQ-
Matthew kemkes; Habenand,John CPT
MIL USA

subject: RE: Quantico Vnsitation

we will start working on it immediately, although this late on a Friday of a Holiday weekend,
might be an issue.

Ashden Fein

CPT, JA

Chief, Hilitary Justice

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



Defense_Unclass_EmaiI_0353

02215508
Previously S%'5ted in Encl 1

From:

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

To: Fein, Ashden CPT USA SJA
Cc: Morrow oDean, CPT USA SJA

Carlile, Monica L. SFC USA JFI-IQ-
Matthew kemkes
Haberland,John





CPT MIL USA



Subject: st Expert Request
Attach: st Expert
Ashden,

Please see the attached expert request.

Best,
David

David E. Coombs, Esq.

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

Office: 1-800-588-4156

Fax: (508) 324-9896


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_Emai|_0354

02202852
30041

From: Haberland, John MIL




Sent: Friday, February I8, 2011 5:44 PM
To: Fein, Ashden CPT USA
SJA
Cc: Morrow JoDean, CPT USA SJA
Carlile, Monica L. SFC USA JFHQ-
A Matthew kemkes
I
Subject: Re: Quantico Visitation
Sir,

I spoke with LTC Greer and COL Oltrnen. They are tracking PFC Manning's mothers visit She may still be escorted
tomorrow but there should not be any wait time. If there are issues please let me know.

Very Respectfully.
CPT John I-labedand
Reoimental Judge Advocate

1
Sent from Blackberry

Defense_Unc|ass_Email_O355



02215507

Previously in Encl 1

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

To: Fein, Ashden on us?.






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

Subject: Discovery Request

Ashden,

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

Also, when do you want to speak about the MRE disclosure issue? Since it is the government's
position that disclosure is not required at the 706, it should not be a problem for you to waive any right to
assert the MRE S05(h)(5) penalties for nondisclosure. Your thoughts?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 324-9896



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

Defense_Unclass_Email_0356



02903817

Previously S?gmgted in Encl 1

From:
Sent
To:
Cc:

suhmacn

David,

Fain, Ashden CPT USA JFHQ-NCRIMDW SJA

Monday, Febmary 21. 2011 9:00 PM



Momow JoDean. CPT USA SJA: Cartile. Monica L. SFC USA JFHQ-
Matthew kemkes; . Haberland,John CPT
MIL USA

RE: Discovery Request

Your MRE 505 proposal seems fair, but we are trying to determine what precedence we are

setting with such a waiver and the potential long-term impact.

we will have an answer at the

beginning of this week.

As for the SCIF, we have the FIU already lined-up, but based on our prior discussion, we are
in the process of acquiring a non?1aw enforcement facility. we will be using a facility
provided by US Army INSCOM and they are currently staffing all the requirements so that there
is minimal to no administrative hurdles for when you, your team, the accused, and the 706
board arrives at the facility.

I will contact INSCU1 tomorrow to lock in a date, so you can plan your ticket.

Ashden

Ashden Fein
CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_Unclass_Emai|_0357





30044


Monday, February 20! I 9: IO PM

Fein, Ashden CPT USA SJA

Morrow JoDean, CPT USA SJA

Carlile, Monica L. SFC USA JFHQ-
Matthew kemkcs
Haberland.John




CPT MIL USA
Subject: [Suspected RE: Discovery Request

Ashden,

Sounds good. I will wait to hear from you before scheduling my ?ight. Thanks.

Best,
David

David E. Coombs, Bq.

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 attadiments, 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|_O358



02909163 Previously Submitted in Encl 79
Previously in Encl 1
From: Fain, Ashden CPT USA SJA
Sent: Friday, Febmary 25, 2011 3:01 PM
To: Almanza, Paul;
cc: Canile. Monica L. SFC USA Matthew kemkes; Morrow JoDean,
CPT USA JFHQ-NCRIMDW Egan, Michael CIV JFHQ-NCRIMDW
Havenana. John cm mu
Subject: RE: Article 32 (PFC Manning)
Attachments: 11-Feb-25-Govemment Response to Defense Request to compel Discovery for Art 32
(ManningB).pdf
Sir,

Please see attached response.

v/r
CPT Fein

Ashden Fein
CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_Unclass_Emai|_0359



02896409
Previously Sou?mgted in Encl 1

Filenamez RE: MRE

From: Fein, Ashden CPT USA
SJA



Sent: Friday, February 25, 2011 3:31 PM
Subject: RE: MRE 505(h)(1)

Size: 59KB (59,904 bytes)

Defense_U nciass_Email_0360

02215500
Previously in Encl 1

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

To: Ashden cm USA SJA






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

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

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

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

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) 689-9282



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

Defense_Unc|ass_Email_0361

02215497 Previously Submitted in Encl 79
Previously Sg??iiged in Encl 1

From:
Sent: Friday, February 25, 20I I 9:4] PM

rm Pauriirmanzam
Cc: Carlile, Monica L. SFC USA S1 A

Matthew kemkes

Morrow JoDean, CPT USA
Egan, Michael CIV IF








Haberlan John CPT MIL USA
Fein, Ashden CPT USA SJA

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

LTC Almanza,

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

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



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

information may be unlawful and is

Defense_UncIass_Email_0362



02911630 Previously Submitted in Encl 79
Previously in Encl 1

From: Fain, Ashden CPT USA SJA
Sent: Saturday. February 26. 2011 4:47 PM
To: Paul Almanza
Cc: Carlile, Monica L. SFC USA SJA: Matthew kemkes; Monow Ill, JoDean,
CPT USA SJA: Eoan. Michael CIV SJA:
Haber1and.John CPT M1L
subject: RE: [Suspected RE: Anicle 32 (PFC Manning)
Sir,

We agree with the defense-if the prosecution receives authorization to release classified
documents to the defense, then that information will be immediately given to the defense.
the United States has not received any approvals to release classified information to the
defense, therefore it has not occurred. Although these requests have been working through
the U56, they are not approved yet. we are aggressively pursuing each Original
Classification Authority (OCA) for their approval and whether we must assert the MRE 505
privilege over the information.

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

Notwithstanding all the administrative and substantive processes referenced above, the United
States recognizes its duty to produce witnesses and evidence for use at an Article 32
investigation in order to ensure the investigation is thorough and impartial under R01 495.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Armv Militarv District of Washington (MUN)
COMM:
CELL:
NIPR:
SIPR:



Defense_Undass_Emai|_0363

02219511 Previously Submitted in Encl 79
30050

Fro-~= Am-anzuaun

Sent: Saturday. Febmary 26, 20! 1 6:52 PM
To: Fein. Ashden CPT USA SJA


Carlile, Monica L. SFC USA SJ A




Cc:
Matthew kemkes
orrow JoDean, CPT USA
Egan, Michael IV
Subject: Re: [Suspected RE: Article 32 (PFC Manning)

Thank you. CPT Fcin and Mr. Coombs. I'll be in touch on Monday.

LTC Almanza

Defense_Unc|ass_Emai|_0364

02911601
Previously in End 1

From: Fein. Ashden CPT USA SJA

sent: Sunday. Februaty 27. 2011 9:32 PM

To:

cc: Morrow Ill, JoDean, CPT USA Canile. Monica L. SFC USA JFHQ-
NCRIMDW Matthew kemkes; Habenand,John CPT
MIL USA

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

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

we will meet with INSCG4 early this week to ensure we have the proper facility and it
provides your client with the appropriate amount of protection, both for his physical
security and also shield him from the general public to minimize any potential embarrassment.
we will work to get your meeting the week of 7 Mar so we can keep the R01 766 moving.

Ashden

Ashden Fein

cpr, JA

Chief, Military Justice

U.S. Army Military District of Washington (MDH)
COMM:
CELL:

SIPR

Defense_Unclass_EmaiI_O365

02215492 Previously Submitted in End 79
Previously in Encl 1

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

To:

Cc: Carlile, Monica L. SF USA A

Matthew kemkes

Morrow oDean, CPT USA
Egan, Michael CIV







Haberland,John CPT MIL USA
ein Ashden CPT USA SJA

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

LTC Almanza,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Best,
David

David E. Coombs, Esq.

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

Of?ce: 1-800-588-4156

Fax: (508)689-9282

Defense_Unclass__Emai|__0366



02215492 Previously Submitted in Encl 79

Previously S??zaggtted in Encl 1


. il

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__0366

02215486
30054

From:
Sent: Monday, February 28, 20! I 10: I4 AM

To: Fein, Ashden USA SJA






Cc: Morrow Ill. JoDean. CPT USA SJA
Carlile. Monica L. SFC USA
Matthew kemkes
Haberland,John
CPT MIL USA
Subject: RE: [Suspected RE: MRE S05(h)(l)
Ashden,

As soon as you can provide me with a hard date, I will make the necessary travel arrangements. Also, if
you have a moment this afternoon, I would like to talk about a couple of potential issues.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain confidential attorney-
client information and is intended for the person(s) or company named. If you are not the intended
recipient, please no?fy the sender and delete all copies. Unauthorized disclosure, copying or use of this
information may be unlawful and is

Defense_UncIass_EmaiI_0367



02911523
30055

From: Fain, Ashden CPT USA SJA

Sent: Monday, Febmary 28, 2011 10:20 AM

To:

Cc: Motrow JoDean, CPT USA JFHQ-NCRIMDW Canile. Monica L. SFC USA JFHQ-
Matthew kemkes;

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

How about 1630 est?

Ashden Fein
CPT, JA

E23

Defense_Unclass_Email_0368

02215480
30056

From:

Sent: Monday, February 28, 20! 1 10:23 AM

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



Carlile, Monica L. SFC USA JFHQ-
SJA Matthew kemkes

Subject: Re: [Suspected RE: MRE 505(h)(l)

Sounds good.

Sent from my Verizon Wireless B|ackBeny

Defense_Unc|ass_Email_0369

02219505 Previously Submitted in Encl 79
Previously in Encl 1

mm: mm vaurm

Sent: Monday, February 28, 201 1 6:05 PM
To: Fein, Ashden CPT USA
Cc: Carlile, Monica L. SFC USA SJA




Morrow Ill, JoDean, CPT USA
Egan, Michael CIV

Haber|and,John CPT MIL USA



Subject: RE: Article 32 (PFC Manning)

Mr. Coombs, CPT Fein -

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

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

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

of 18 April.
Thank you.

LTC Almanza

Defense_UncIass_Emai|_0370

02909168 Previously Submitted in End 79
30058

From: Fein, Ashden CPT USA SJA
Sent: Monday, Febmaty 28. 2011 9:51 PM
To: Almanza. Paul;
Cc: Caniie, Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow Ill, JoDean,
CPT USA JFHQ-NCRIMDW Eaan. Michael CIV
Habenand.John CPT MIL

Subject: RE: Anicle 32 (PFC Manning)

Ack sir. Thank you.

Ashden Fein

CPT, JA

Chief, Hilitary Justice

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



Defe nse_Unc|ass_EmaiI_0371



02887358

30059

From: Fein, Ashden CPT USA SJA
sent: Tuesday, March 01, 2011 7:42 PM

To:
Subject: Tonight

David. Are you available to chat tonight after 2130. Thanks.

Ashden Fein
CPT, JA

(C)
-

Defense_Unc|ass_Emai|_0372

02215479

From:
Sent:
To:
Subject:

30060


Tuesday, March 1, 2011 7:46 PM

Fein. Ashden CPT USA SJA

Re: Tonight

Ycs. Give me a buzz.

Defense_Unclass_Emai|__O373

02887357



30061

From:
sent:
To:
Subject:

Fain, Ashden CPT USA JFI-IQ-NCRIMDW SJA
Tuesday. March 01. 2011 8:44 PM

Re:Tonuht

thanks. Do mind if we make 1t 10 and no later?

Ashden Fein
CPT, JA

(C)




Defense_Unc|ass_Emai|_0374

02215478
30052

From:

Sent: Tuesday, March I, 20l I 8:47 PM

To: Fein, Ashden CPT USA SJA
Subject: Re: Tonight

Now is fun. If it will take lonzcr than a few minutes. then I0 will be fine.

Defense_Unclass_EmaiI__0375

02887355

30063

From:
Scum:
To:
Subject:

Fain. Ashden CPT USA SJA
Tuesday. March 01, 2011 10:01 PM


Re: Tonight

what nun would you like me to use.

Ashden Fein
CPT, JA

(C)




Defense_Unc|ass_Emai|_O376

02907823
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

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

To:

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

CPT USA
I

Subject: Charge Sheet

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

hnponance:

David. Attached is the charge sheet.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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


CELL:
NIPR:
SIPR:

If?



Tracking:

Defense_U nclass_EmaiI_0377



30065

From:

Sent: Wednesday, March 2. 201 I 4:02 PM

To: Fein. Ashden USA SJA

Cc: Carlile. Monica L. SFC USA SJA

Mam kemkes
orrow . 0 . - SJA
Subject: [Suspected RE: Charge Sheet I
Ashden,

Is this public knowledge now?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



""Con?dentIalIty 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_Emai|_0378



02912474

30066

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, March 02, 2011 5:15 PM

To:
hnponance: I?gh

David,

Below is what our PAO plans to publish based on our input from the charge sheet. The message
was sent out through the automated system, so I was told.

Also, PFC Manning was served the response to his Article 138. I just received a copy and
plan on sending it after this email so you have a copy.

Ashden

PAO PRESS RELEASE:

ADDITIONAL CHARGES PREFERRED AGAINST

PRIVATE 1st CLASS BRADLEY E. MANNING

FORT LESLEY J. MCNAIR, D.C. After seven months of additional investigation by the U.S. Army
Criminal Investigation Command (USACIDC) and other investigative agencies, the U.S. Army has
charged Pvt. 1st Class Bradley E. Manning with 22 additional charges. These charges allege
that as a military intelligence analyst, Manning introduced unauthorized software onto
government computers to extract classified information, unlawfully downloaded it, improperly
stored it, and transmitted the classified data for public release and use by the enemy. The
investigation is still ongoing.

?The new charges more accurately reflect the broad scope of the crimes that Pvt. 1st Class
Manning is accused of committing,? said Capt. John Haberland, a legal spokesperson for U.S.
Army Military District of Washington. ?The new charges will not affect Pvt. 1st Class
Manning?s right to a speedy trial or his pretrial confinement,? he added.

On March 1, the commander, U.S. Army Headquarters Command Battalion, preferred the following
specific charges:

Defense_Unclass_EmaiI_0379



0291 2474

30067

- Aiding the enemy in violation of Article 164, Uniformed Code of Military Justice
(UCMJ)

16 Specifications under Article 134, UCMJ:

wrongfully causing intelligence to be published on the internet knowing that it is
accessible to the enemy (One Specification)

0 Theft of Public Property or Records, in violation of 18 United States Code (U.S.C.) 641
(Five Specifications)

0 Transmitting Defense Information, in violation of 18 U.S.C. 793(e) (Eight
Specifications)

0 Fraud and Related Activity in Connection with Computers in violation of 18 U.S.C.
1636(a)(1) (Two Specifications)

Five Specifications in violation of Article 92, UCMJ, for violating Army
Regulations 25-2 ?Information Assurance? and 386-5 ?Department of the Army Information
Security Program.?

The charge of aiding the enemy under Article 164 is a capital offense; however, the
prosecution team for the United States has notified the defense that the prosecution will not
recommend the death penalty to the Convening Authority, Maj. Gen. Karl R. Horst, commanding
general, U.S. Army Military District of Washington. Under the UCMJ, the Convening Authority
ultimately decides what charges to refer to court?martial, and whether to seek the death
penalty if Article 164 is referred. Therefore, if convicted of all charges, Manning would
face a maximum punishment of reduction to the lowest enlisted pay grade, total
forfeiture of all pay and allowances; confinement for life; and a dishonorable discharge.

At the request of Manning?s defense attorneys, the trial proceedings have been delayed since
July 12, 2616, pending the results of a defense requested inquiry into Manning?s mental
capacity and responsibility pursuant to Rule for Courts-Martial (R.C.M.) 766. Depending on
the results of the R.C.M. 766 board, an Article 32 hearing may follow. An Article 32 hearing
is the civilian equivalent of a grand jury, with additional rights afforded to the accused.

Manning remains confined in the Marine Corps Base Quantico Brig in Quantico, Va. He was
notified of the additional charges in person during a command visit today. Despite his
pretrial confinement, Manning is presumed innocent until proven guilty. The U.S. Army is
committed to ensuring the continued safety and well?being of Pvt. 1st Class Manning while in
pretrial confinement.

For media queries, please call the U.S. Army Military District of Washington, Public Affairs
Office at 262-685-4645.

Defense_Unclass_Emai|_0379



02912474

Ashden Fein
CPT, JA
Chief, Military Justice

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

com:
CELL:




Defense_Unc|ass_EmaiI_0379

30068



02909219

30069
From: Fein, Ashden CPT USA SJA
Sent: Wednesday, March 02, 2011 5:40 PM
To:
Cc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill, JoDean,

CPT USA
Haberland,John CPT MIL USA

subject: Article 138 Complaint
Attachments: Unclassi?ed Discovery
David,

Attached is Quantico Brig's Article 138 response. This was supposed to be served on Manning
today. Because you requested this response, we are producing under your discovery request,
thus BATES stamped. You will notice an approximate 11,000 page jump in BATES numbering.
That jump is the POI For 35F AIT training we just finished preparing to disclose and will be
placing on a CD for you. More to follow with that information.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

U.5. Army Military District of washington (MDN)
COMM:
CELL:
NIPR:
SIPR:



Tracking:

Defense__Unclass_EmaiI_0380

02891816 Previously Submitted in End 77
30070

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, March 02, 2011 11:15 PM

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

Morrow Ill, JoDean, CPT USA

Matthew kemkes; Haberiand, John CPT MIL
Canile. Monica SFC MI em I a a LTC MIL USA MEDCOM BAMC

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

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

Dr. Sweda,

Attached is a copy of additional charges in the case of U.S. v. PFC Manning.
on behalf of the convening authority, please include these charges in the
board's evaluation. As of today, both charge sheets are preferred and
should be considered.

Tomorrow morning, we are conducting a leader recon for the SCIF location for
the board to interview PFC Manning. After the recon, we will start
coordinating the defense counsel's meeting with the accused and then when we
can plan the board's interview. After we set the date for Mr. Coombs to
meet, we will ask the board for times to meet and then will coordinate.

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_Unclass_EmaiI_0381

02891811

Previously Submitted in Encl 77
Previously in Encl 1

From:

To:
Cc:

Subject:
Imponance:

Dr. Sweda,

Fein, Ashde CPT USA SJA

Wednesdaiwlarch 02. 2011 11:19 PM

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Benesh, Samantha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA
Matthew kemkes; Habenand. John CPT MIL
CarIiIe. Monica SFC MIL USA HemphiII.Mar1a LTC MIL USA MEDCOM BAMC
RCM 706-Additional Charges (US v. PFC BM)

High

Also, could you please provide an estimated timeline For when the R01 706

board will be complete.
gave a suspense of
The convening authority's order, dated 3 Feb 11,
I assume because you

have not met with the accused, that you will need an extension of time. As
per the convening authority's order, please provide an extension request.

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

ChieF, Military Justice
U.S. Army Military District oF Washington (MON)



Defense_Unclass_Email_0382

02215475
30072

From:
Sent: Thursday, March 3, 201 1 8:30 AM

To: Fein, Ashden USA sm




Cc: Carlile, Monica L. SFC USA IF SJA
Matthew kemkes
Morrow JoDean, CPT USA
Subject: [Suspected RE: Article I38 Complaint
Ashden,

Thank you. I will copy you when I ?le the rebuttal to Colonel Choike's Article 138 response.

Best,
David

David E. Coombs, Esq.

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

Of?ce: 1-800-588-4156

Fax: (508) 689-9282


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__0383

0221 5474
Previously in End 1

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

To: Fein, Ashden on USA sm





Cc: Carlile, Monica L. SF USA SJA
Matthew kemkes
Morrow JoDean, CPT USA
Haber1and,John CPT ME USA
Subject: Expert Request
Ashden,

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

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282

rm ial .



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_Email_0384

02221838

From:

To:
Cc:

Subject:

Previously Submitted in Encl 77
Previously Sghta?ned in Encl 1

Sweda. Michael Dr CIV USA MEDCOM WRAMC

Thursday, March 3, 2011 2:07 PM

Fein, Ashden USA sm

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Morrow 111,
an, I - DW A









Matthew kemkes
I-laberland, John CPT MIL USA Carlile. Monica SFC
MIL USA OTJAG Hemphill, Marla LTC MIL USA

MEDCOM BAMC Moore, Kevin D. CAPT




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

Classi?cation: UNCLASSIFIED

Cavmts: NONE
Sir and ALCON:

We have tematively set a date of II March (Friday) for the next interview at the SCIF. beginning at 0830. Tell us if this will work.

VI r.

Michael Sweda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Foremic Service

Director. Forensic Fellowship Walter Reed Army Medical Center



(fax)
(business blackberry)
(personal mobile)

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

Defense_Unclass_Emai|_0385

02215472

Previously in End 1

From:

Sent: Thursday, March 3, 201 I 8:55 PM

To: Fein. Ashden CPT USA SJA
Cc: Carlile, Monica L. SFC USA SJA

Matthew kemkes
onow JoDean. CPT USA






Subject: [Suspected SCIF

Ashden,

Any update on when I will be able to use a SCIF to speak with PFC Manning? Also, once we identify the
date, I would like to have PFC Manning pulled out the day before to meet with me at MAJ Kemkes' office.

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282




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_0386

02891717 Previously Submitted in Encl 77
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Thursday, March 03. 2011 10:13 PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

cc: Benesh. Samantha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA
SJA: Matthew kemkes; Habenand. John CPT MIL USA:
Carlile. Monica SFC MI em I . a a LTC MIL USA MEDCOM
Moore. Kevin D. CAPT

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

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

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

v/r
CPT Fein

Ashden Fein
CPT, JA
Chief, Military Justice

U.S. A Militar District of Hashin on HUN)
CELL:

we a
NIPR:

SIPR:

Defense_UncIass__Emai|_0387

02889691

Previously in End 1
From: Fain, Ashden CPT USA SJA
Sent: Thursday. March 03. 2011 10:23 PM
To:
Cc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow JoDean,

CPT USA JFHQ-NCRIMDW
I
Subject: RE: SCIF

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

1. He completed the leader recon of the SCIF location and secured an ideal location. It's
ideal because it's in a building that will provide PFC Manning with very little exposure to
third parties and is large enough to accommodate the defense team and the RCM 706 board. The
location is just north of Ft. Belvoir, in Alexandria. we are planning on using Saturdays for
the SCIF access to minimize the 3d party pedestrian traffic, because this facility is shared
by the U56 although belonging to the US Army INSCOM. The latrines are nearby and the access
procedures will be easier for you and your team, compared to other locations.

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

3. Please send us who, from the defense team, will be participating in the SCIF meeting
with PFC Manning.

4. we are working on your expert request. The convening authority has been TOY and on
leave, although we are in contact with him. we are working with the medical folks to
determine the availability of an expert, so that we can present the request to the convening
authority. we expect to have an answer by the middle of next week, which should be well
before the RCM 706 board resumes its work- based on the SCIF arrangements.

5. we will work to determine the reason for PFC Manning being required to ?strip naked at
the end of the day?.

6. we will work to determine what the situation is concerning the wireless headset
telephone. Is this only when you and the defense team calls, for all his calls?

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unclass_EmaiI_0388



02215469 Previously Submitted in Encl 77
Previously in Encl 1

From:

Sent: Thursday. March 3, 20l lO:59 PM

To: Fein. Ashden CPT USA
Cc: Bencsh.Samantha MAJ MIL USA MEDCOM MAMC

Morrow .IoDean, CPT USA
Matthew kemkes










I-IabcrIand,John

at I e.Monica MIL USA OTJAG
Hemphi|l,Mai1a LTC MIL USA MEDCOM BAMC
Moore,Kevin D. CAPT

Sweda,Michael Dr CIV USA MEDCOM

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

Ashden,

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This Uansmission, 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_EmaiI_0389



02215466
Previously in Encl 1

From:
Sent: Friday. March 4, 201] 4:50 PM

To: Fein, Ashden CPT USA SJA





Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes
orrow ~ioDean. CPT USA
Subject: [Suspected RE: SCIF
Ashden,

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

Best,
David

David E. Coombs, Bq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attadiments, may contain con?dential attorney-
client infomwation 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_0390

02889688
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Saturday, March 05, 2011 11:48 AM

To:

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

CPT USA

Subject: an ng

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

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

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

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

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

Ashden

Defense_Unclass_EmaiI_0391

02889688
Previously in End 1

Ashden Fein

CPT, JA

Chief, Military Justice

Military District of Washington (Mow)
com: a

CELL:

CELL:



Defense_Unclass_Emai|_0391



30082


Saturday, March 5, 201] 5:19 PM
Fein, Ashden CPT USA

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


Morrow 111, JoDean, CPT USA
SJA


Subject: [Suspected RE: scu= and Brig



Ashden,

My facts about what was said and how it was said are somewhat different than what was provided to you.
More importantly, COL Malone saw PFC Manning on Friday and assessed him as a low risk and requiring
only routine outpatient follow-up. Specifically, he determined that there was no need for
admission for closer clinical observation. Despite this, the Brig maintains they are stripping him at night
for his own protection. It appears that he is in a Catch-22. If he does everything he is told to do, the Brig
starts to wonder what are they missing. If he does anything out of boredom or starts to question the
absurdity of his treatment, then they determine this is a threat and overreact.

I would like to meet with Manning on the 11th and 12th. Can you arrange everything with this short of
notice? If not, then the 25th and 26th of March is my next window. Let me know ASAP and I will make
my travel arrangements.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attorney-
client lnforrnation 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_0392

02911575
30083

From: Fein. Ashden CPT USA SJA

sent: Saturday. March 05, 2011 5:35 PM

To:

cc: Cariile, Monica L. SFC USA Matthew kemkes; Mormw JoDean,

cw usA we-~crwow sumo

Snxb?ectz e; <3IF'arx1E3ng

David. He will need until monday morning to confirm with the command the security detail. we
should know by 1209 on monday.

Ashden Fein
CPT, JA

- E33



Defense_UncIass_Emai|_0393



02215459

30084

From:
Sent: Sunday, March 6, 201] 12:21 PM

To: Fein. Ashden CPT USA SJA

Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes
orrow Ill, JoDean, CPT USA





Subject: RE: [Suspected RE: and Brig

Ashden,

Sounds good. The main issue that I have on travel is the amount of notice. A ?ight from Providence to
DCA should run around $300.00. However, if you try to purchase a ticket within seven days, the cost
goes up to $1,200.00. As you can imagine, I need to be mindful of the expenditures in this case. Unless,
the government wants to chip in for my travel? I know, I can count on at least $5.00 from the DSJA.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282





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

Defense_Unciass_EmaiI_0394



0221 5458

30085

From:

Sent: Monday, March 7, 2011 11:06 AM

To: Fein, Ashden CPT USA SJA
Cc: Carlile, Monica L. SFC USA SJ A




Matthew kemkes
Morrow JoDean, CPT USA

Subject: SCIF

Ashden,

Given the late notice, let's move the date to the 25th and 26th for the Fort Myer and SCIF visit. I just
checked ?ights for this week. The cost has gone up to over $1,300.00. I can get a flight on the 25th for
$270.00.

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) 689-9282




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

Defense_Unc|ass_EmaiI_0395



30086

Haberland. John on MIL

Monday, March 7, 20l I 11:09 AM
ein. Ashden CPT USA
SJA

Carlile, Monica L. SFC USA S1 A
Matthew kemkes
Monow Ill, .loDean, CPT USA





SJA
Subject: RE: SCIF (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir,

We will plan in accordance with your request. We are also prepared to move PFC Manning this Friday and Saturday but
will wait until the 25"? and 26"? ifthat is what you prefer.

Very Respectfully,

CPT John 8. Haberland

Regimental Judge Advocate

3rd U.S. Infantry Regiment (The Old Guard)
Office:
BB:
Building 242, Fort Myer, Virginia 22211
NIPR:
SIPR:






[Please notify via NIPR)

Defense_Unciass_Email_0396

02215456

30087

From:

Sent: Monday, March 7, 2011 11:41 AM

To: Haberland.John CPT MIL
Cc: Carlile, Monica L. SFC USA SJA




Matthew kemkes

Morrow .loDean, CPT USA

Fein.
Ashden CPT USA SJA

Subject: [Suspected RE: sc11= (UNCLASSIFIED)

John,

when were the preparations ?nalized? Had I know yesterday, I could have arranged for this Friday. The
price of went up dramatically today. Given this development, the 25th and 26th are the earliest
available dates. I have just completed the travel arrangements.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain confidential attorney-
client information and is intended for the peison(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_O397

02911581

30088

Faun:
Sent
To:
Cc:

sunnun:

David.

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Monday, March 07. 2011 12:01 PM

Haber|and,John CPT MIL USA

Canile, Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow Jooean,
CPT USA

RE: [Suspected RE: SCIF (UNCLASSIFIED)

The arrangements were finalized this morning, immediately before your email. we

needed to wait until this morning to finalize the coordination with the different entities.
All the systems are in place for this Friday and Saturday, if you want to go then, but we
understand minimizing cost is a factor for you.

Ashden

Ashden Fein
CPT, JA

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

COMM:
CELL:
NIPR:
SIPR:

Defense_U nclass_Emai|_0398



Previously Submitted in Encl 77
30089



Malone, Ricky COL MIL USA MEDCOM WRAMC

From:
Sent: Monday, March 7, 201 3:20 PM
To: Morrow JoDean, CPT USA IF SJA

Cc: Fein, Ashden CPT USA SJA
Subject: Re:

No. as his treating you may not ask me ANYTHING about PFC Manning without a subpoena.

I suggest you refer all future inquiries regarding his bgal case to his 706 Board or his defense attorney. who should have
oorrpiete access to his records.

Regards.

Rick Malone. MD. IPH
COL. MC. SFS


Director. 9 er or onensic Behavioral Sciences

Forensic Consulant to the Army Surgeon General
USAAMA Aerornedical Consultant

SIPR:



Defense_Unclass_EmaiI_O399



02895898 Previously Submitted in Encl 77

30090

Defense_Unclass_EmaiI_0400

From: Fein, Ashden CPT USA SJA

Sent: Monday. March 07. 2011 3:35 PM

To: Malone, Ricky COL MIL USA MEDCOM Motrow Ill, JoDean, CPT USA JFHO-
ruznnwovv SJA

Cc:
subject: . CLASSIFIED)

Sir. Thank you. Just to clarify, we were not asking your opinion on whether a
is needed for PFC Manning, but rather as the Chief, Forensic
what are available in the NCR. Now that you have taken over as the
primary treating physician, we will not address future administrative matters with you,
please direct us to whom we may speak with to understand this request for the convening
Authority outside of the RCM 706 board. Thank you.

The defense counsel is still Cced on this email.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

U.S. Army Military District of Hashington (row)
com:
CELL:
NIPR:
SIPR:




02202477

From:

Sent:
To:
Cc:

Subject:

30091

Morrow .loDean, CPT USA IF SJA


Monday, March 7, 2011 5:09 PM


Carlile, Monica L. SFC USA SJ A

?I-Iaberland, John CPT MIL

ein, Ashden CPT USA SJ A
Matthew kemkes






Rep Kucinich (D-OH) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Sir,

Representative Kucinich would like to meet with PFC Manning. If he's interested in a meeting, please have him follow
the normal procedures for authorizing visitors at the brig.

CPT Joe Morrow
Trial Counsel

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

Phone -

NIPR:
SIPRI



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_Email_0401



02215452

30092

From:
Sent: Tuesday, March 8. 2011 9:20 AM

To: Fein, Ashden CPT USA

Cc: Carlile, Monica L. SFC USA SJ A
Matthew kemkes
Mornow JoDean, CPT USA





Haberland,John CPT MIL USA
Subject: RE: [Suspected RE: SCIF (UNCLASSIFIED)

Ashden,

Let's plan on the 25th and 26th. I have arranged for my travel and coordinated with my experts. Once
you determine the location, please let me know.

Best,
David

David E. Coombs, Sq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



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

information may be unlawful and is

Defense_Unclass_Emai|_0402

02215434
Previousiy S?g?ggted in Encl 1

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

To: Fein, Ashden USA sm





Cc: Carlile, Monica L. SFC USA SJA
Matthew kemkes
Morrow IH, JoDean, CPT USA

Haberland,John CPT MIL USA
Subject: Expert Request
Attach: Mitigation Expert Request .pdf; 20l 1 Fee Schedule (l).pdf; Juliet Current CV MARCH

201 1.pdf
Ashden,

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unc|ass_Email__0403

02221832

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 77
Previously in Encl 1

Sweda. Michael Dr CIV USA MEDCOM WRAMC

Tuesday. March 8. 2011 ll:04 PM

Fein, Ashden cm USA sm

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Morrow
0 an, - DW SJA













Matthew kemkes
I-Iaberland, John CPT MIL USA Carl: e, Montca SFC
MIL USA OTJAG Hemphill, Marla LTC MIL USA

MEDCOM BAMC Moore, Kevin D. CAPT




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

Classi?cation: UNCLASSIFIED
Caveats; NONE

Sir. We would like to do the interview on Saturday? 26 Match. This is the only Saturday for all three board members.
Hopefully CAPT Moore can make it as well.

Miclnel Sweda

Defense_Unc|ass_Email_0404

02885965

Filenamez

From:

Sent:
Subject:

Size:

Defense_Unclass_Emai|_0405



30095

Updated Charge Sheet.msg

Fein, Ashden CPT USA
SJA



Wednesday, March 9, 2011 11:35 AM
Updated Charge Sheet

(2,055,168 bytes)

02902503

30096

From:
Sent
To:
Cc:

Subject:

David.
end of the week.

Ashden

Ashden Fein
CPT, JA

Fein, Ashden CPT USA SJA

Wednesday. March 09. 2011 11:50 AM



Canile. Monica L. SFC USA SJA: Matthew kemkes; Morrow JoDean,
CPT USA SJA: Haber1and,John CPT
MIL USA

RE:Expa1Rwqued

we acknowledge receipt of this request and I intend to call you to discuss before the
He also are still working the request.

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

C011:
CELL:
NIPR:
SIPR:

Defense_UncIass_Emai|_O406



02911518

Defense_Unclass_EmaiI_0407

Previously ed in Encl 1

From:
sent
To:
cc:

Subkunz

David,

Fein, Ashden CPT USA SJA

Wednesday. March 09. 2011 1:22 PM



Canile, Monica L. SFC USA JFI-IQ-NCRIMDW Matthew kemkes; Momow Ill, JoDean,
CPT USA Haber1and,John CPT
MIL USA

RE: [Suspected RE: SCIF (UNCLASSIFIED)

00 you still want to meet with your client before the RCH 706 interviews him in the If
so and because you arranged for 25 and 26 Mar 11, please send a request through us to the
convening authority to delay the RCH 766, otherwise we will need to schedule the RCM 786 to

meet on 26 Mar 11, as the soonest reasonable Saturday to meet with the accused.

we want to

ensure the RCM 706 board is diligently moving forward and not unnecessarily delaying this

process, outside the scope of the convening authority's order.

Ashden

Ashden Fein
CPT, JA

Thank you.

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

COMM:
CELL:
NIPR:
SIPR:



02215429
Previously in Encl 1

From:

Sent: Wednesday, Manch 9, 2011 1:45 PM

To: Fein, Ashden CPT USA SJA
Cc: Carlile, Monica L. SFC USA SJA





Matthew kemkes
orrow Ill, JoDeanSubject: RE: [Suspected RE: SCIF (UNCLASSIFIED)

Ashden,

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

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including sttachments, may contain con?dential attorney-
client lnforrnation 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_0408

02911511
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Wednesday, March 09. 2011 1:59 PM

To:

Cc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill. Jooean,
CPT USA HaberIand,John CPT
MIL USA

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

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

The RCM 706 board is soonest available for a Saturday meeting, that weekend (26 Mar). we can
request them to meet the following weekend (2 Apr), but this request needs to be submitted to
the convening authority, based on his suspense to the R01 706 board.

The RCM 706 board owes the convening authority a delay request based on the suspense and I
want to clarify with them the reason for this delay.

Ashden

Ashden Fein

CPT, JA

Chief, Military Justice

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



Defense_Unclass_Emai|_0409

02215422

30100
From:
Sent: Wednesday, March 9, 2011 2: I2 PM
To: Fein, Ashden CPT USA
Cc: Carlile, Monica L. SFC USA SJA





Matthew kemkes
Morrow Ill, JoDean, CPT USA

Haberland.John PT MIL USA
Subject: RE: [Suspected RE: SC IF (UNCLASSIFIED)

Ashden,

I have worked with the government on trying to get the earliest possible date. I was also the one who
initially suggested (on 5 Mar) that we meet on a Saturday as opposed to a weekday in order

to accommodate the government's concerns regarding other personnel at the SCIF. Prior to my
suggestion, you were looking at trying to schedule multiple days in the evening at the SCIF. Any needed
delay is not due to the defense.

As additional evidence of my desire to be accommodating, I would be happy to meet with PFC Manning in
the SCIF on Friday the 25th. I would ?rst like to see him at Fort Myer in the morning. we could then go
to the SCIF starting at 1500. As long as we could stay at the SCIF until we are ?nished, I am willing to
make that adjustment. This would allow the board to meet with PFC Manning on the 26th.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential attorney-
client 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_Email_041 0

02911494

30101

From:
Sent
To:
Cc:

Subject:

David.

Fein, Ashden CPT USA SJA

Wednesday. March 09, 2011 3:12 PM



Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill. JoDean,
CPT USA Haber1and,John CPT
MIL USA

RE: [Suspected RE: SCIF (UNCLASSIFIED)

we are working on setting up the SCIF for Friday the 25th, although this will likely

cause your client to be seen by 3d parties, which we still rather avoid by using a Saturday

without additional delays.

Ashden

Ashden Fein
CPT, JA

Thank you.

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

com:
CELL:
NIPR:
SIPR:

Defense_Unc|ass_Emai|_041 1



02215413

30102

From:

Sent: Wednesday, March 9, 201 1 3:22 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: [Suspected RE: SCIF (UNCLASSIFIED)

Ashden,

Is the location for the SCIF meeting at Metro Park? Also, do you need my security experts to be present
when PFC Manning speaks to the 706 board? Finally, if Fn'day does not work, could the board meet on a
Sunday?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unciass_Email_0412

02215404
30103

From:
Sent: Wednesday, March 9, 20] 1 3:33 PM

To: Fein, Ashden CPT USA SJA





Cc: Carlile, Monica L. SFC USA SJA

Matthew kemkes
Morrow Ill. .|oDean. CPT USA
Haber an A
Subject: RE: [Suspected RE: SCIF (UNCLASSIFIED)
Ashden,

There is also the option that I could meet with PFC Manning starting at 0800 on Saturday. The board
could start its meeting with PFC Manning at 1400 on Saturday. I believe that this allocation of time would
be suf?dent given my discussions with my security experts.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential 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_0413



30104

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, March 09. 2011 4:21 PM

To:

cc: Carlile. Monica L. SFC USA Matthew kemkes; Morrow Jooean.
CPT USA JFHQ-NCRIMDW Habet1and.John CPT
MIL USA

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

David. Thank you. I will send an email to the board to determine how long they will need.
MTF.

Ashden

Ashden Fein

CPT, JA

Chief, Hilitary Justice

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



Defense_Unc|ass_Emai|_O414

02891712 Previously Submitted in Encl 77
Previously S?bb1r51gtted in Encl 1

From: Fein, Ashden CPT USA SJA

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

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

Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Matthew kemkes: Haberland. John CPT MIL USA:
Canile. Monica SFC MIL USA OTJAG: Hemphill. Mana LTC MIL USA MEDCOM
Moore, Kevin D. CAPT

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

Dr. Sweda.

Thank you. I do not know how long you anticipate the interview will take, but if possible,
can the board start at 1490 that Saturday? we are trying to coordinate the defense to meet
with their client that morning before the interview and to finish the SCIF meetings as soon
as possible. please advise.

Thank you.

V/r
CPT Fein

Ashden Fein

CPT, JA

chief, Military Justice

U.S. Arny Hilitary District of Nashington (HON)
COMM:
CELL:
NIPR:
SIPR:



Defense_UncIass_EmaiI_041 5


02215392
Previously in Encl 1

From:
Sent: Thursday, March 10, 2011 2:15 PM







Cc: Greer Christophe l; Fein,
Ashden CPT USA SJA

Morrow IH, JoDean, CPT USA JFH





SJA

Subject: Article 138 Rebuttal
Attach: Rebuttal Anicle 138 Complaint - Quantjcopdf
Sir,

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

Respectfully,
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) 689-9282



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

Defense_Unclass__EmaiI_0416

02221827 Previously Submitted in Encl 77
Previously in Encl 1

Sweda, Michael Dr CIV USA MEDCOM WRAMC








From:
Sent: Friday, March ll, 20]] 8:43 AM
To: Fein. Ashden cm USA sm
Cc: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
coomb ,armycourtmartialdefense.com; Morrow
JoDean, A -N DW SJA
Matthew kemkes
I-Iaberland, John CPT MIL USA Carlile, Monica SFC
MIL USA OTJAG Hemphill, Marla LTC MIL USA
MEDCOM BAMC
Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

CPT Fein:

We would like to be dale to ?nish this in one especially given that this is occurring on a Saturday. A 1400 start time will clearly
not permit completion of the evaluation in one day. We can have an 0900 start time on a Saturday. or revert to the inteniew occurring
on a regular work day. The suggested date of 26 March should allow more than sufficient time for pre-cvaluaion consultation to

OCCIIT.

v/ r.

Miclnel Swcda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Sen-ice

Director. Forensic Fellowship Walter Reed Army Medical Center





(fax)
(business blackberry)
rsonal mobile)

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

Defense_U nc|ass_Emai|_041 7



02891797 Previously Submitted in End 77
Previously in End 1
From: Fein. Ashden CPT USA SJA
Sent: Monday. March 14. 2011 7:46 AM
To: Swede, Michael Dr CIV USA MEDCOM WRAMC
Cc: Benesh, Samantha MAJ MIL USA MEDCOM
Momow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Matthew kemkes: Haberland. John CPT MIL USA:
Canile. Monica L. SFC USA JFI-IQ-NCRIMDW Hem hill Marla LTC MIL USA
MEDCOM BAMC:
Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)
r?gh
Dr. Sweda,
Good morning. the defense counsel is planning on meeting with the accused on Saturday, 26
March. will the board be available to meet on Saturday, 2 April at 0900? If not, and in an

effort to have the board complete its mission as soon as possible, we will try to find

another SCIF for the board to meet during the week, after 26 March.

The command can

accolnodate a weekday meeting between PFC BM and the board; however, the command can better
provide security and privacy of the accused on a Saturday.

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

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unclass_Email__0418

02221822

From:

Sent:
To:

Cc:

Subject:

Previously Submitted in Encl 77
30109

Sweda. Michael Dr IV USA MEDCOM WRAMC

Monday. March 14. 201 1 7:49 AM

Fein, Ashden USA S.

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

coomb Morrow Ill.
0 an. -

Matthew kemkes

Haberland. John CPT MIL USA
SFC USA SJA
Marla LTC MIL USA MEDCOM BAMC











Cariile, Monica L.
Hemphill,

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

Classi?cation: UNCLASSIFIED

Caveats; NONE

CPT Fein:

MAJ Bemsh is on leave on that date (2 April).

vlr.

Michael Sweda. ABPP (Forensic)

Board-Certified Forensic

Chief. Forensic Service

Director. Forersic Fellowship Waller Reed Anny Medical Ccrler



(fax)
(business blackberry)
(personal mobile)

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

Defense_Unc|ass_EmaiI_O419

Previously Submitted in Encl 77
Previously in Encl 1

Importance:

Sir,

Thank you.

provides security and privacy of? the accused.

Fain, Ashden CPT USA SJA

Monday. March 14. 2011 8:47 AM

sweda, Michael Dr CIV USA MEDCOM WRAMC

Benesh. Samantha MAJ MIL USA MEDCOM
Morrow Jooean. OPT USA
SJA: Matthew kemkes; il: Habenand. John CPT MIL
Canile. Monica L. SFC USA Hemphill. Mada LTC MIL USA
MEDCOM BAMC:

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

High

we will start making arrangements For the board to meet in another Facility that

Could you please send me the soonest date,

after 26 March that the entire board is available.

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

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0420

02219499 Previously Submitted in Encl 79
Previously in Encl 1

From: Annam. realm

Sent: Monday, March I4, 20! I |0:04 AM
To: Fein. Ashden CPT USA
SJA
Cc: Carlile, Monica L. SFC USA SJA






Matthew kemkes
Morrow loDean. CPT USA
Egan, Michael IV
SJA
. Haberland,John CPT MIL USA



Subject: RE: Article 32 (PFC Manning)

All

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

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

Thank you.

LTC Almanza

Defense_Unclass_EmaiI_0421

0221813

From:

Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 77
Previously in Encl 1

Sweda. Michael Dr CIV USA MEDCOM WRAMC

Monday. March 14, 2011 10:34 AM

Fein, Ashden USA SJA

Benesh, Samantha MAJ MIL USA MEDCOM MAMC

. Morrow
0 can, -



DW SJA










Matthew kemkes
Haberland. John CPT MIL USA Carlile. Monica L.
SFC USA SJA Hemphill,

Marla LTC MIL USA MEDCOM BAMC
1

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

Classi?cation: UNCLASSIFIED

Caveats; NONE

Sir.

Yes. we will mange for an appointment for neurological examimtion and brain imaging. Could you please pl0\'ldC several dates and
times that PFC Manning could be seen at

Also. our forensic reports are not put into AHLTA. I assume there would be no objection to the results of the neurological
examination being placed in The brain imaging and neurological evaluation are strictly medical and not forensic ?ndings.

v/r.

Michael Swede. ABPP (Forensic)
Board-Certi?ed Forensic
Chief. Forec Service



(fax)
(business blackberry)
(personal mobile)

Director. Forensic Fellowship Walter Reed Army Medical Center

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

Defense_UncIass_Email_0422



02891781 Previously Submitted in Encl 77

Previously in Encl 1

From: Pain. Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Monday. March 14. 2011 10:55 AM

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

Morrow JoDean, CPT USA
Matthew kemkes: Haberland. John CPT MIL USA:
Cadile. Monica L. SFC USA Hemphill. Mana LTC MIL USA


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

Sir,

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

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

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

-Break-

In future correspondences, please refer to PFC BM using the accused or an abbreviation, e.g.
PFC BM or 811. This request is for security purposes.

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unclass_Emai|_0423



Previously Submitted in Encl 79
Previously in Encl 1







From: Pain, Ashden CPT USA SJA
Sent: Monday, March 14. 2011 10:58 AM
To: Alrnanza, Paul;
Cc: Canile. Monica L. SFC USA Matthew kemkes; Mon'ow Ill. JoDean,
-

Haber1and.John CPT MIL
Subject: RE: Article 32 (PFC Manning)
Sir,

Good morning. The United States arranged for a SCIF to be used by the defense and sanity
board. we are still in a holding pattern until the defense and the sanity board meet with
the accused in the SCIF. Currently the defense is scheduled for 26 March 2011 and the sanity
board owes us the first available time after the 26th. Once those meetings occur, then we
will have a better estimate of when the Article 32 will re-start.

-Break-

In future correspondences, please refer to PFC BM using the accused or an abbreviation, e.g.
PFC BM or 811. This request is for security purposes.

V/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0424

Previously Submitted in Encl 77



Previously S?bta?wgtted in Enci 1
From_ Swoda, Michael Dr IV USA MEDCOM WRAMC


Sent: Monday. March 14. 2011 1:23 PM

To: Fein, Ashden CPT USA SJA

Cc: Benesh, Samantha MAJ MIL USA MEDC OM MAMC









Morrow
0 ean, - DW SJA

Matthew kemkcs

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


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

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir.

if 26 March is not chosen. we would bc available 4 April (a Monday). or 9 April (a Samnlay).



Michael Sweda. ABPP (Forensic)

Board-Ccni?od Forensic

Chief. Forensic Sen-ice

Ditcciot. Forensic Fellowship Walter Reed Axmy Medical Center



(fax)
(business
(personal mobile)

"The United Slalcs themselves are essentially the greatest poem.
Pm! and present and future are not disjoinod but joimd."

Defense_U nclass_EmaiI_O425

02221799 Previously Submitted in Encl 77






Previously in Encl 1
From: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Sent: Monday, March I4, 201 1 2:34 PM
To: Sweda, Michael Dr CIV USA MEDCOM WRAMC
Fein, Ashden CPT USA
3?
Cc: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Morrow
0 . - SJA
Matthew kemkes
SFC USA SJA - Hemphill,


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

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir".

Another matter has been called to my atention and the 9 April date would be preferred over 4 April.

v/r.

Sweda ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forec Service

Director. Forersic Fellowship Walter Reed Army Medical Center





3 (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_Unc|ass_Emai|_0426

02221791 Previously Submitted in Encl 77

Defense_Unclass_EmaiI_0427









Previously in Encl 1
From, Sweda, Michael Dr IV USA MEDCOM WRAMC
Sent: Monday, March l4, 20l 1 2:50 PM
To: Fein, Ashden cm USA sm
Cc: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
coomb armycourtrnartialdefensecom; Morrow
JoDeanMatthew kemkes
Haberland, John CPT MIL USA Carlile, Monica L.
SFC USA SJA Hemphill,
Marla LTC MIL USA MEDCOM BAMC
I
Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir.
PFC BM has an MRI scheduled at WRAMC for Wed 23 March at 1330. He will be seen by LTC Margaret Swanberg at the
Neurology clinic on WD 6| at 1100 that same day.

As a point of clari?cation in terms of the next scheduled evaluation. both LTC and MAJ Benesh are currernly scheduled to
present at a trainirg activity on 4 April. The activity is only scleduled to occur once every three months. and we would like to
preserve that activity if at all possible. Hence. the 9 April date (a Saturday) is preferable.

vlr.

Micluel Sweda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Service

Director. Forersic Ps_vcholog_v Fellowship Walter Reed Anny Medical Cericr



(fax)
(business blackbeny)
(personal mobile)

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

02900401
Previously Sabmlted in End 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, March 14, 2011 3:22 PM

To:

Cc: Car1ile, Monica L. SFC USA Matthew kemkes; Morrow Ill, JoDean,
CPT USA Haber|and,John CPT
MIL USA

Subject: Issues Update

Importance: High

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

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

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

3. Headset at the Brig. Brig OIC ordered the headset in February to eliminate the cord from
the base to the handset. They did not want guards to ?stare? at pretrial confinees while
talking on the phone. All max pretrial confinees will use this head set. No one is
monitoring the phone when the phone call is between the pretrial confinee and a person under
a privilege. The base unit is plugged into the same land line.

4. Meetings with PFC BM. we are tracking your meeting with the accused on 25 Mar at TDS,

Myer and on 26 Mar at the SCIF. At least one security expert needs to be present when you
meet with your client and when your client meets with the RCM 706 board. Please share the
RCM 706 re?start memo with your security experts, so they understand their left and right

limits.

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

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

v/r

Ashden

Ashden Fein
CPT, JA

Tracking:

Defense_U nc|ass_Emai|_0428

02221783 Previously Submitted in Encl 77
Previously in Encl 1

Sweda, Michael Dr CIV USA MEDCOM WRAMC










From:
Sent: Monday, March 14, 2011 3:21 PM
To: Fein, Ashden CPT USA SJA
Cc: Benesh, Samantha MAJ MIL USA MEDC OM MAMC
coomb ,armycourtmartialdefense.com; Morrow
0 can, - DW SJ A
Matthew kemkes
Haberland. John CPT MIL USA Carlile. Monica L.
SFC USA SJA Hemphill,
Marla LTC MIL USA MEDCOM BAMC
Subject: RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)
Attach: PFC BM 706 extension

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir.
The extension request is attached.

v/ r.

Michael Sweda. PltD.. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Foremic Service

Director. Forensic Fellowship Walter Reed Army Medical





(fax)
(business
(personal mobile)

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

Defense_Unc|ass_Email_0429

02900398

Previously in Encl 1

From:
Sent:
To:
Cc:

Subject:

David.

Could you please send us your projected time requirements for the

you .

v/r
Ashden

Ashden Fein
CPT, JA

Defense_Unclass_Email_0430

Fein, Ashden CPT USA SJA

Tuesday, March 15. 2011 8:59 AM



Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill. JoDean,
CPT USA SJA: ?Haberland.John CPT
MIL

RE: Issues Update

Thank

02215390
Previously in End 1

From:
Sent: Tuesday, March I5. 20] I0:l0 AM

To: rem, Ashden cm USA sm





Cc: Carlile, Monica L. SF USA SJ A
Matthew kernkes
Morrow JoDean, CPT USA
Haberlar1d.John CPT MIL USA
Subject: [Suspected RE: Issues Update
Ashden,

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Office: 1-800-588-4156

Fax: (508) 689-9282



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

information may be unlawful and is

Defense_Unclass_Email_0431

02911623
3002
From: Fein. Ashden CPT USA SJA
Sent: Tuesday. March 15. 2011 10:35 AM
To:
Cc: Cadile, Monica L. SFC USA Matthew kemkes; Morrow Ill, JoDean,
CPT USA JFHQ-NCRIMDW Haber1and,John CPT
MIL USA
Subject: RE: [Suspected RE: Issues Update

Thank you. I assume from your request, that you expect to meet with the requested expert For
a Few sessions prior to the 706 being complete, and then afterwards to understand the
results. Then prior to trial For potential mitigation and then at trial for mitigation. As
an estimate: 1-3 sessions prior to 706; 1-3 sessions after the 706; and 3-5 sessions pre-
trial during trial, to include presence during trial.

Is that a good estimate?

Ashden Fein
CPT, JA

Defense_Unc1ass_Emai|_0432



02215389
30123

From: Bouchatd. Paul CPT USCENTCOM USF-I
Sent: ay, a AM

To: Fein, Ashden CPT USA SJA

Subject: RE: New Contact Information

8'9-ed Bv=

Thank you.



CPT Paul Bouchard

Defense_Unc|ass_Emai|_0433

02900394

30124

From:
sent:
To:
Cc:

Subject:

Fein. Ashden CPT USA SJA

Wednesday, March 16, 2011 8:03 AM



Canile. Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow Ill, JoDean,
CPT USA 'Haber1and,John CPT
MIL

Issues Update

David. If you have some time today, please let me know if we are on track with the below

information.
authority.

Ashden

Ashden Fein
CPT, JA

Defense_UncIass_EmaiI_0434

He would like to Finalize this expert request and get it to the convening
Thank you.



0221 5385

30125

From:
Sent: Wednesday, March I6, 2011 9:08 AM

To: Fein, Ashden CPT USA SJA

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





Haberland,John CPT MIL USA
Subject: [Suspected RE: Issues Update

Ashden,

As a I said before, it is hard to predict the amount of time or sessions needed. Your guess below is as
good as mine. I am concerned if availability is an issue even before the person is appointed on the
defense team.

I understand that the expert will not be working solely on this case. However, I do not want this person
to believe that they only need to dedicate a limited amount of time to this case. If you remember, this
belief was the problem that the defense had with the first forensic

I would inform the potential expert that time commitments will be ?uid in nature. There will be times
when the expert will need to dedicate a significant amount of time to the case and others where there will
be little for this person to do. The important aspect for the expert to understand is that their detailing as
an expert is now a priority mission.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

45 North Main Street, 5th Floor

Fall River, MA 02720

Of?ce: 1-800-588-4156

Fax: (508) 689-9282





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

Defense_Unclass_Email_0435

30126



From: Fein. Ashden CPT USA SJA

sent: Wednesday. March 16, 2011 9:10 AM

To:

Cc: Cariile, Monica L. SFC USA JFHQ-NCRIMDW Matthew kemkes; Morrow Ill, Jooean.
cP1' USA Habet1and,John
MIL USA

Subject: RE: [Suspected RE: Issues Update

Thank you.

Ashden Fein
CPT, JA

Defense__Unclass_Email_0436



Previously Submitted in Encl 77
Previously Sygmiited in Encl 1






Haberland. John CPT MIL USA:

02891763

From: Fein, Ashden CPT USA SJA

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

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Cc: Benesh. Samantha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA JFHQ-NCRIMDW
Matthew kemkes;
Cariile. Monica L. SFC - empnill, Marla LTC MIL USA
MEDCOM BAMC

subject: RE: RCM 706-A Iona arges (UNCLASSIFIED)

Dr. Sweda,

I
we will present your delay request tomorrow to the convening authority. Please have the

board plan on meeting 9 April 2011 with PFC BM.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0437

Thank you.

02886034

Previously in Encl 1

From: Fein, Ashden CPT USA SJA
Sent: Sunday, March 20, 2011 12:38 AM
To:
Cc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow JoDean,

CPT USA Haberland,John cm

MIL USA
subject: Update (US v. PFC BM)
Attachments: 10-Jul-05-Original Charge Sheet DISMISSED REDACTED (ManningB).pdf; 11-Mar-18-

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

David,

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

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

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

2. In light of the additional charges and the dismissal of the original charges, the
reviewed PFC continued pretrial confinement under RCM 3eS(g).

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

4. The accounting of excludable delay -From the previous accounting to present.

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

Defense_U nclass__EmaiI_0438

02886034

Previously in Encl 1
Have a good weekend and let me know if you have any questions or? concerns.


Ashden

Ashden Fein

CPT, JA

Tracking:

Defense__Unclass_Email_0438



Previously Submitted in Encl 79

02909196
Previously in Encl 1
From: Fein, Ashden CPT USA SJA
sent: Sunday, March 20, 2011 12:43 AM
To: Ahnanza,PauI
Cc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill, JoDean,
CPT USA Egan, Michael CIV
Haberland,John CPT MIL

Subject: Article 32 (PFC BM)
Attachments: Directive to Investigate Additional Charges (ManningB).pdf; 10-Jul-05-

LTC Almanza,

Original Charge Sheet DISMISSED REDACTED (ManningB).pdf; 11-Mar-01-Additional
Charge Sheet REDACTED (ManningB).pdf

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

Please see the attachments to this email.

v/r
CPT Fein

Ashden Fein
CPT, JA

Tracking:

Defense_U nclass_Email_O439

Thank you and have a good weekend.

02891730

Previously Submitted in End 77
Previously S??qgitted in End 1

Subiact:
Attachments:

Df?. Sweda,

Good evening.

Fein, Ashden CPT USA SJA

Sunday. March 20. 2011 12:52 AM

Sweda, Michael Dr CIV USA MEDCOM WRAMC

Benesh, Samantha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA
SJA: Matthew kemkes; Haberland. John CPT MIL USA:
Cartile. Monica L. SFC USA JFHQ-NCRIMDW Hemphill. Marla LTC MIL USA
MEDCOM

RE: RCM 706-Additional Charges (US v. PFC BM) (UNCLASSIFIED)
Sanity Boand Extension Approval (ManningB).pdf; 10-JuI?05-Original
Charge Sheet DISMISSED REDACTED (ManningB).pdf; 11-Mar-01-Additional Charge Sheet
REDACTED (ManningB).pdf

Attached is the convening authority's approval of your

extension; however note the suspense date is set for the board to be
complete no later than 16 April 2011. Please submit additional requests for
extensions, to be considered by the convening authority, if you need more

time, as 16 April approaches.

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

April 2011.

Also, yesterday the convening authority dismissed the original charges
against PFC 0M and directed the Article 32 investigating officer to consider
the additional charges. Attached are copies of both charge sheets, even
though you already received the additional charge sheet from me on 2 March
Since the original charges were dismissed, you do not need to
consider them in your evaluation.

2011 .

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_UncIass_Emai|_O440

Have a good weekend.

(1) Neurology at 1100 (2) MRI at 1300. we are also

02215384
30132

From:
Sent: Sunday, March 2()l I 12:56 AM

To: rem, Ashden cw USA sm

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

Thanks for the update.

Best,
David

Sent from my Verizon Wireless BlackBen3'

Defense_UncIass__EmaiI_0441

02221775 Previously Submitted in Encl 77
Previously in Encl 1

Sweda, Michael Dr IV USA MEDCOM WRAMC









Sent: Monday, March 21, 2011 8:21 AM
To: Fein, Ashden CPT USA SJA
Cc: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Morrow
0 an, - DW SJ A
Matthew kemkes
Haberland, John 1 e, Monica L.




SFC USA SJA
Marla LTC MIL USA MEDCO
I

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

Classification: UNCLASSIFIED
Caveats: NONE
Sir

Thank you for the update. We plan on starting at 0900 on Saturday 9 April for the interview. If you could please forward the address.
I would appreciate it.

v/r.

Michael Sweda, ABPP (Foremic)

Board-Certi?ed Forensic

Chief. Forensic Service

Director. Forcrsic Fellowship Walter Reed Army Medical





ffat)
(busines blackberry)
a (personal mobile)

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

Defense_Unclass_EmaiI_0442

02891720 Previously Submitted in Encl 77
3on4

From: Fein. Ashden CPT USA SJA

Sent: Monday, March 21, 2011 8:23 AM

To: Sweda. Michael 6 Dr CIV USA MEDCOM WRAMC

Cc: Benesh, Samantha MAJ MIL USA MEDCOM
Morrow JoDean, CPT USA
SJA: Matthew kemkes: John CPT MIL USA:
Cariile. Monica L. SFC - Hemphill. Mada LTC MIL USA
MEDCOM

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

Dr. Sweda,

Thank you. I will forward the address later in the week.

v/r

CPT Fein

Ashden Fein
CPT, JA

Defense_Unclass_Email_O443

02215382
30135

From:
Sent: Monday, March 21, 201 8:30 AM

To: Fein, Ashden CPT USA SJA





Cc: Carlile, Monica L. SFC USA IF SJ A
Matthew kemkes
Morrow JoDcan, CPT USA
I-laberland,John PT MIL USA
Subject: [Suspected RE: Update (US v. PFC BM)
Ashden,

I am free on Tuesday around 1330. Does that time 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

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attadiments, may contain confidential attorney-
client infomwation 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_0444

02911565
30136

From: Fein, Ashden CPT USA SJA

sent: Monday. March 21, 2011 8:31 AM

To:

Cc: Cariile. Monica L. SFC USA Matthew kemkes; Morrow Ill. Jooean,
CPT USA Haber|and,John CPT
MIL USA

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

It does . Thanks .

Ashden Fein
CPT, JA

Defense_Unclass_Email_0445



02219492 Previously Submitted in Encl 79
30137

From: Almanza, Paul
Sent: Monday, March 20l I 12:45 PM
To: Fein. Ashden CPT USA
SJA
Cc: Carlile, Monica L. SFC USA SJA





Matthew kemkes
orrow Ill, .|oDean, CPT USA
Egan, Michael CIV

Subject: RE: Article 32 (PFC Manning)

CPT Fein -
I received your email over the weekend. Any response to the below?
Thanks.

LTC Almanza

Defense_Unclass_Emai|_0446

02909186 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA
Sent: Monday, March 21. 2011 12:53 PM
To: Almanza, Paul;
Cc: Cadile. Monica L. SFC USA SJA: Matthew kemkes; Morrow Ill. JoDean.
CPT USA SJA: Eqan. Michael CIV SJA:
Haber1and,John CPT MIL
USA
Subject: RE: Anicle 32 (PFC Manning)
Sir,

I apologize. on 18 March 2811, the granted an extension to the R01 796 board with a
suspense date of 16 April 2011. with that new date, I do not foresee the Article 32 kicking
off any earlier than 1 May 2011; although the Government should be ready to proceed once the
sanity board is complete. Also, at this point, the Government anticipates one week for
evidence presentation.

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_UncIass_EmaiI_0447





02215381
30139
From:
Sent: Friday, March 25, 2011 5:23 AM

To: Fein, Ashden USA

Subject: DNA

Ashden,
I alerted PFC Manning that CID would be collecting a DNA sample. BTW. this is the founh sample collected since his arrest.
Best,

David
Sem from my Verizon Wireless B|ackBeny

Defense_Unc|ass_Emai|_0448

02202161 Previously Submitted in Encl 77
Previously in Encl 1

From: Haberland, John CPT MIL USA
Sent: Wednesday, March 30, 2011 10:02 AM
To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Benesh, Samantha MAJ MIL USA MEDCOM
Hemphill, Marla LTC MIL USA MEDCOM







DAMC

Cc: Carlile, Monica L. SFC USA SJA
Fein, Ashden CPT USA SJ A
Morrow JoDean, CPT USA

Matthew





assius
avis, Patsy A Ms CIV USA INSCOM
Lease, Jolm V. CIV PMO
Joyner, Chad SSG MIL USA
1 rams, Bruce A 1SG MIL USA



Subject: 706 interview of PFC (UNCLASSIFIED)







Classi?cation: UNCLASSIFIED
Caveats: FOUO

ALCON:
The R.C.M. 706 inquiry is scheduled to begin at 0900 at the ?oor conference room on the Metro Park Facility.

The address is the facility is:
6359 Walker Lane
Alexandria, Virginia 22310

There is a parking structure located behind the building. I recommend entering through the side door of the facility (closest to
the parking garage). A security guard will meet you at the side door of the facility to let you in and direct you to the elevators to
take you to the third floor. A member of the prosecution team will also be there to coordinate any last minute issues. The guard
will be at the side door of the facility between 0830 and 0900.

Once you arrive on the third floor, there are signs directing you to the se4cu rity station where you will receive your temporary

badges and then they will escort you into the conference room where the board will be conducted. I have provided your social
security numbers to the security manager at the facility and she has verified your clearances so there will not be any slowdown
in entering the conference room.

If anyone has any questions or concerns please let me know and we can address them.

Very Respectfully,

CPT John Haberland
Military District of Washington Legal Spokesman

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Emai|_0449



02221752 Previously Submitted in Encl 77

30141
From_ Sweda. Michael Dr IV USA MEDCOM WRAMC

Sent: Wednesday, March 30, 2011 12:39 PM
To: Haberland, John CPT MIL USA Benesh, Samantha

MAJ MIL USA MEDCOM MAMC Hemphill. Marla
LTC MIL USA MEDCOM BAMC

Cc: Carlile, Monica L. SFC USA SJ A

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

Matthew kemkes





Hall Cassius Mr MMC (FTMYER)

Davis, Patsy A Ms CIV USA INSCOM
Lease, John V. CIV PMO
Joyner, Chad SSG MLL USA

*1 Williams, Bruce A ISG MIL USA

Subject: RE: R.C.M. 706 interview of PFC (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir.

lust confirming tint this is to start 0900 Saturday 9 April.

vlr.

Michael Swede. ABPP (Forcmic)

Board-Certi?ed Forensic

Chief. Forensic Ps_vcholog_\' Service

Director. Forensic Fellowship Walter Reed Army Medical Center





(fax)
(business blackberry)
[personal mobile)

?The United States themselves are essentially the greatest poem.
Pat and present and future are not disjoinod but joined."

Defense_UncIass_Emai|_O450











02202146 Previously Submitted in Encl 77
30142

From: Haberland. John CPT MIL u_

Sent: Wednesday, March 30, 20]] l2:4I PM

To: Sweda, Michael Dr CIV USA MEDCOM WRAMC

Benesh, Samantha MAJ MIL USA
;Hemphi|l, Marla LTC MIL
USA MEDCOM -
Cc: Carlile, Monica L. SFC
Fein, Ashden CPT USA
Morrow JoDean, CPT USA JFHQ-

avis, Patsy A Ms CIV USA INSCOM
Lease, John V. CIV PMO
Joyner, Chad SSG MIL USA
Williams. Bmce A ISG MIL USA
Subject: RE: R.C.M. 706 interview of PFC (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

ALCON:

I apologize for my omission earlier. The RC. M. 706 board is scheduled to take place on Saturday, 9 April 2011 at 0900.

Very Respectfully,

CPT John Haberland
Military District of Washington Legal Spokesman

Defense_Unc|ass_Email_0451

30143



From: Fein. Ashden CPT USA SJA

sent: Thursday. March 31. 2011 8:30 AM

To:

Cc: Matthew kemkes; Momow JoDean, CPT USA

mil; Habedand,John CPT MIL Carlile, Monica L. SFC
JF BK:

Subject: US v. PFC BM (Update)
knponmnee: limb
David,

Representative Kucinich has directly asked the Brig whether he can visit PFC BM. As we
passed to you before, if BM would like to visit with Rep Kucinich, then he needs to add
him to his visitation list and the Brig will accommodate, just like with all other visitors.
The purpose of this email is to ensure that you and your client know of his request so that
the personal decision may be made whether to allow Rep Kucinich to visit with your client.

If willing, could you please let me know whether PFC BM intends to add Rep Kucinich to his
visitor log, so that we can properly notify his office. Again, this is PFC personal
decision and we will ensure the Brig rules/regulations are followed for any visitors,
including Rep Kucinich.

-8reak-

we identified a to present to the convening authority. If approved, this
doc will be based from Quantico, MCB and should be quite convenient For the defense team.

-Break-
There will be no DNA collection. PFC 8M's DNA was collected previously.

v/r
Ashden

Ashden Fein
cpr, JA

Defense_Unclass_Emai|_0452



0221 5378

Defense_Unclass_Email_0453

30144

From:

Sent: Thursday, March 31, 2011 9:03 AM

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




SJA





~o

Carlile, Monica L. SFC USA A

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

Ashden,

I have informed Congressman Kucinich that he is authorized to visit PFC Manning under the rules and
regulations for the Quantico Brig. Under Brig Order P1640.1C, paragraph 3.17, there are two types of
visitors for a detainee, authorized and official.

1) Authorized visitors are required to be added by the detainee and approved by the
Quantico Brig. Any person added to the authorized visitors list may visit the detainee on
any Saturday or Sunday between the hours of 12:00 and 3:00 p.m. These visits are
monitored by the Brig. The Brig requires the visits to take place in a no-contact booth
for any detainee held in Maximum Custody. The doors to the booth must remain open
and the entire visit will be recorded by the Brig. Anything said during these visits is

not privileged and can be used later by the government in a court-martial proceeding.

2) of?cial visitors are for the purpose of conducting of?cial government business, either on behalf of the
detainee or in the interest of justice. Of?cial visits may be authorized by the Brig Of?cer to visit a
detainee at any time during normal working hours. The official visits are considered privileged, and are
not subject to recording or monitoring. The Brig's rules and regulations identify the following individuals
as qualifying for of?cial visits:

a) Military officials.

b) Civilian officials.

c) The President or Vice President of the United States.

d) Members of Congress of the United States.

e) The Attorney General of the United States and Regional Of?ces of the Attorney General.
f) The Judge Advocate General of each military service or his or her representative.

g) Prisoner's Defense Counsel or any military or civilian attorney of record.

h) Any attorney listed in professional or other directories or an attorney's representative.
i) Prisoner's clergyman when approved by the chaplain.

Given the difference between authorized and official visits, PFC Manning does not want to waive his
entitlement to have a privileged conversation with Congressman Kucinich. You should know, that
Amnesty International is also making a request for an official visit as well as Mr. Juan Mendez, the United
Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. I

I have recommended that each of the above individuals contact the facility directly to arrange for an
official visit. I am hoping that you will indeed ensure that the Quantico Brig honors its own rules and

regulations.
-Break-

Thank you for the update. I am glad to hear that you have identified a for the defense
team.

02215378
30145

-Break-

Good to hear the DNA samples are not being lost.

-Break-

Will the CA take action on the mitigation expert request?
-Break-

When do you anticipate a government discovery response?
-Break-

Can you request that the unit obtain a new ACU uniform for PFC Manning? His current uniform is not
acceptable. It is a mixture of a ?re resistant bottom and a summer weight top and looks soiled. PFC
Manning needs a new patrol cap - Size 7 with PFC insignia sewed on and one "Manning" name tape.
Additionaliy he needs 1 xshort/xsmall ACU top and 1 xshort/xsmall ACU bottom. Finally, he needs 1 pair
of boots size 7 regular. Lastly, does the unit have his Class

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) 689-9282





Notice: This transmission, including attachments, may contain con?dential attorney-
client inforrnatlon 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 nc|ass_Email_0453



02215376
30146












From:

Sent: Thursday, March 31, 20! 10:42 AM

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

Haber1and,John CPT MIL USA
Carlile. Monica L. SFC USA SJA

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

Ashden,

Additionally, under the Brig Rules, Congressman Kucinich would not qualify as an authorized visitor.
Paragraph 3.17a states ?Authorized visitors include the prisoners immediate family (spouse, children,
parents, brothers, sisters or guardians) or anyone who has established a proper relationship with the
prisoner prior to con?nement." As such, PFC Manning could not add him on his normal visitors list.

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) 689-9282



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

Defense_U nclass_Emai|_0454















02215374
30147

From:
Sent: Friday, April 1, 2011 9:09 AM
Gieerchiistovherm
Cc:

John Haberland

SJ Carlile, Monica L. SFC

USA IF I IQ-NC
Subject: Official Visits
Lt. Col. Greer,

I have been informed by Congressman Kucinich's office and by Amnesty International that they have been
told by your office they do not qualify for an official visit. Instead, they are being directed to request to be
added to PFC Manning's "authorized" visitors list. Additionally, Congressman Kucinich's of?ce is being told
that the Brig Order that his office is referencing does not exist. I have seen Brig Order P16401C, dated 1
July 2010. This order clearly provides for both authorized and of?cial visits.

Under Brig Order P1640.1C, paragraph 3.17, there are two types of visitors for a detainee, authorized and
official.

1) Authorized visitors are required to be added by the detainee and approved by the
Quantico Brig. Any person added to the authorized visitors list may visit the detainee on
any Saturday or Sunday between the hours of 12:00 and 3:00 p.m. These visits are
monitored by the Brig. The Brig requires the visits to take place in a no-contact booth
for any detainee held in Maximum Custody. The doors to the booth must remain open
and the entire visit will be recorded by the Brig. Anything said during these visits is

not privileged and can be used later by the government in a court-martial proceeding.

2) Of?cial visitors are for the purpose of conducting of?cial government business, either on behalf of the
detainee or in the interest of justice. Of?cial visits may be authorized by the Brig Of?cer to visit a
detainee at any time during normal working hours. The of?cial visits are considered privileged, and are
not subject to recording or monitoring. The Brig's rules and regulations identify the following individuals
as qualifying for official visits:

a) Military of?cials.
b)
c) The President or Vice President of the United States.

d) Members of Congress of the United States.
e) The Attorney General of the United States and Regional Of?ces of the Attorney General.

f) The Judge Advocate General of each military service or his or her representative.

9)

h) Any attorney listed in professional or other directories or an attorney's representative.
i) Prisoner's clergyman when approved by the chaplain.

Given the difference between authorized and official visits, PFC Manning does not want to waive his
entitlement to have a privileged conversation with Congressman Kucinich, Amnesty International, and Mr.
Juan Mendez, the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment. Additionally, under the Brig Rules, none of the above individuals would qualify as
an authorized visitor. Paragraph 3.17a of the Brig Order states "[A]uthorized visitors include the prisoners
immediate family (spouse, children, parents, brothers, sisters or guardians) or anyone who has established a
proper relationship with the prisoner Qrior to confinement." (emphasis added). As such, even if PFC

Defense_Unolass_Emai|_O455

02215374
30148

Manning wanted to add the above individuals on his visitor's list, he could not do so.

I request that this matter be addressed as soon as possible, and that necessary arrangements are made for
Congressman Kucinich's visit as well as for representatives from Amnesty International and from the United
Nations. Please feel free to call me if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense__Unc|ass_Email_0455

02231272
30149

From: Rains, Larry Mr CIV USA DCS G-2

sent: Saturday, April 02, 2011 10:21 AM

To:

cc: Fein, Ashden CPT USA Canile, Monica L. SFC USA JFHQ-

BKSRAMEMAISJA
subject: (U) SSBI Complete
Signed By:

Classification: OFFICIAL USE ONLY
Mr. Coombs,

Just FYI. Your SSBI for was favorably adjudicated (no longer an
Interim SCI clearance).

Excerpt from JPAS:

COOMBS, DAVID EDWARD

Adjudication of SSBI OPM, Opened 2611 01 31, Closed 2011 63 11,
determined Eligibility of SCI - DCID 6/4 on 2011 93 39

Best regards,
Larry

Larry Rains

Security Manager/SSR
HQDA, ODCS, 6-2

1000 Army Pentagon
Washington DC 20310-1000
Comm:

Fax:

Classification: OFFICIAL USE ONLY

Defense_Unclass_EmaiI_O456

02884740

Defense_Unc|ass_EmaiI_0457

30150

From: Fein, Ashden CPT USA SJA

sent: Tuesday, April 05, 2011 10:09 PM

To:

cc: Matthew kemkes; Morrow JoDean, CPT USA

Habenand,John CPT MIL Carlile. Monica L. SFC

USA SJA

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

Attachments: Brig Order Excerpt.pdf; Appointment of Defense Expert Consultant in
(ManningB).pdf; Appointment of Defense Mitigation
Expert (ManningB).pdf

Importance: High

David,

The purpose of this email is to update you on different issues we have discussed over the
past week. Please view this email in format.?

1 . Brig Visitors .

while we understand your view of the Brig Order, we respectfully disagree with your
interpretation of the attached relevant portion of the Brig order with regard to visitation.

while you correctly recite what an ?authorized? visitor is, an ?official? visit is ?for the
purpose of conducting official government business, either on behalf of the prisoner or in
the interest of justice,? see para 3.17b. The next sentence simply states that ?lawyers,
military officials, civilian officials, or anyone listed as a privileged correspondence in
para 3.17f . . . having official business to conduct are considered official visits?
(emphasis added) and may visit at any time during normal working hours, subject to
authorization by the Commanding Officer. Critical is the next sentence, ?All prisoners will
be required to see official military visitor(s)? (emphasis added). Therefore, an official
visit to the brig by a Member of Congress conducting official government business or by a
non-government organization?s representative does not necessarily include a visit with PFC BM
without PFC consent.

You also state, ?official visits are considered privileged, and are not subject to recording
or monitoring? (emphasis added); however this not in the Brig Order. As noted in para 3.17f,
which you cite as the authority, ?all incoming or outgoing correspondence (mail) between a
prisoner and the following is privileged and not subject to inspection,? refers to, as
stated, ?mail? and not visitation (emphasis added). while you also state, ?The Brig's rules
and regulations identify the following individuals as qualifying for official visits,? the
reference you cite (para 3.17f) provides a list of government officials, including ?Members
of Congress.? Again, that para refers to ?mail? and not visitation protected under Section

02884740
30151

of the MRE. Therefore, a visit by a Member of Congress would not be privileged within the
meaning of the Brig Order, and would be monitored just like any other visitor.

The prosecution and brig?s interpretation of the Brig Order outlines these types of visitors:

a. ?Authorized? visitors. Visitors that PFC BM places on his visitation list.

b. ?Official? visitors. Those officials listed in para 3.17b conducting official
government business.

A person?s membership in an organization does not necessarily confer upon that person
?official? status. A Member of the Congress is conducting an ?official? visit if he is
conducting official Government business.

A member of a non-government organization is not ?official? as they are not conducting
government business. Should PFC BM desire to meet with any of the individuals whom you have
mentioned as potential visitors, he will need to either add them to his ?authorized? visitor
list or approve a meeting, through you, if the individuals make an ?official? visit. As you
know, from the beginning of PFC confinement at Quantico, the rule requiring an
?authorized? visitor to have a preexisting relationship with PFC BM has been relaxed to allow
any visitor to visit, subject to standard security vetting and monitoring for national
security purposes. This accommodation was based on the potential for his long?term pretrial
confinement and for his benefit, well-being, and morale.

Regardless of the interpretation of the Brig Order, the issued a standing order on 16
Sep 10, which directs the Brig to monitor communications of third parties while confined at
the Brig. This requirement includes all of PFC BM's phone calls, visitations, and mail. This
requirement does not include monitoring of any privileged communications between PFC BM and
his attorneys, mental health providers, and brig chaplains.

Further, as the United States has charged your client, you surely acknowledge our concern
that PFC right to counsel be scrupulously honored. Absent the command?s weekly visit,
which is limited to discussing PFC welfare, we would not allow a U.S. Government
representative to meet with your client without counsel being present or an affirmative
waiver of that right by PFC BM. Properly adding a visitor as an ?authorized? visitor will be
deemed consent to speak with a government representative by the defense. Any such visit will
be subject to monitoring unless it is subject to a recognized privilege under Section V, MRE
(falls under the exception).

In the future, please do not direct any organization to directly contact the Brig to
coordinate any visit. If someone is trying to coordinate a formal meeting in an ?official?

2

Defense_U nclass_Emai|_0457

02884740
sowz

capacity, they should coordinate through DOD Legislative Affairs (COL Tia Johnson) and their
request to meet with PFC BM will be ultimately forwarded through you to PFC BM for consent to
meet during such a visit.

we will continue to notify you when we receive information that someone wishes to meet with
your client in an ?official? capacity, and request the same courtesy in return, once your
client agrees to meet with them.

2. Defense Request for Expert.

The approved the request today. LCDR Carrie Kennedy, USN, is appointed as a member of
the defense team. She just to Quantico, MCB and should be best suited for your
request. She will have easy access to your client based on her proximity and will be
available to you for consult and meetings. Although she is currently TDY for the remainder
of this week, she will be available to speak starting 11 Apr 11 at Attached
is her appointment order.

3. Defense Request for Mitigation Expert.
I
The disapproved the request today. Please see attached action for his explanation.
4. CAPT Hoctor Info.

CAPT Hoctor may be reached at Please direct any future requests
for information from the Brig personnel, LtCol Greer, or any other USMC official to the
prosecution and we will expeditiously get answers for you. As the command?s representatives,
our intent is to streamline this RFI process for you and ensure PFC needs are adequately
and reasonably met.

5. ACU Uniforms.

we sent your request to the command for them to figure out the way forward. As with all
pretrial confinees, they understand their responsibilities and will ensure they assist PFC BM
in having the appropriate uniform.

6. Government Discovery Responses.

Defense_Unclass__EmaiI_0457

02884740

we are Finalizing our discovery responses and expect to have them to you by the end of the
week.

7. OCA Discovery Consent Classification Revies.

All the different OCAs are currently working to review the classified information and provide
the consent for us to turn over the pieces of evidence and the derivative reports to you and
your team. Classification reviews are ongoing for the classified information we intend to
introduce at the Article 32 and trial.

v/r

Ashden

Ashden Fein

CPT, JA

Defense_Unclass_EmaiI_0457

02215367

30154





From:

Sent: Wednesday, April 6, 2011 9:29 PM

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

SJ A


arlile, Monica L. SFC USA SJA

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




Subject:

Ashden,

1. Thank you for your reply. Is the interpretation of the Brig Order the MDW SJA's interpretation, the
Quantico Brig's interpretation, or simply your interpretation?

The sentence that you gloss over in your reply is actually the critical one from the Brig Order. This
sentence states that "[v]islts from lawyers, military of?cials, civilian officials, or anyone listed as a
privileged correspondence in paragraph 3.17f of this regulation, having official business to conduct are
omcial (Emphasis added). Congressman Kucinich, Mr. Juan Mendez from the United
Nations, and any representative from Amnesty International would clearly fall within the scope of
individuals identi?ed in paragraph 3.17f and are therefore deemed to be official visits under the Brig

Order.

Under the interpretation advanced in your previous message, a member of Congress is conducting an
"of?cial" visit only if he is conducting "of?cial government business" and a member of a non-govemment
organization is not "of?cial" as they are not conducting "government business." Besides being an
perfunctory argument without support under the Brig Order, it is also one that is easily nulli?ed by using
the example of a civilian attorney. Paragraph 3.17f states that a "civilian attorney of record" is deemed to
be an of?cial visit. A civilian attorney is clearly a non-govemment entity and as such is not conducting
"of?cial government business." This clearly belies any attempt to argue official visits are limited in the
way that you suggest.

Moreover, of?cial visits are clearly privileged under the Brig Order. While section 3.17f speaks to mail
correspondence being privileged, it must follow that oral communications are also privileged. It would not
make sense that a detainee would enjoy the protection of a privileged communication from an individual
listed in paragraph 3.17f if the correspondence came by way of mail as opposed to an in-person
conversation with the same individual.

with regards to the standing order dated 16 September 2010, his failure to
recognize other individuals who are entitled by the Brig Order to have

a privileged conversation is not dispositive. The order is unenforceable given the fact it
would authorize the recording of privileged conversations. Likewise, the government's
concern surrounding PFC BM's right to counsel is misplaced. Mental health providers
and brig chaplains are able to speak with PFC BM without coordination with civilian
counsel. As long as the conversations are privileged, the government's concern would
seem unwarranted.

Given the above, I request that you clarify the Quantico Brig's of?cial position on this issue.

2. Thank you for notifying the defense of LCDR Carrie Kennedy's appointment as a
member of the defense team.

Defense_UncIass__Email_0458

02215367
30155

3. Understood.

4. If I cannot obtain information independently, I will certainly direct my RFI to the
prosecution.

5. Thank you.

6. I look forward to the discovery responses.

7. Thank you for the update. Do you have an estimated date for the OCA's consent for
you to turn over the pieces of evidence and the derivative reports?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317

Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



rm ial . rn

Notice: This transmission, including attachments, may contain con?dential attorney-
client infomwation 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_Unciass_Emai|_0458

02884717
30156

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, April 07, 2011 7:00 PM

To:

cc: Matthew kemkes; Momw Jooean. CPT USA JFHQ-NCRIMDW

Haberland,John CPT MIL Carlile, Monica L. SFC
USA JFHQ-NC DW SJA

Subject: RE: US v. PFC BM (Update)
Attachments: Unclassi?ed Discovery (011449-011462) (ManningB).pdf
David,

Attached is the part of the 8rig's response to the Art 138. Because new matters were alleged
in PFC BM's rebuttal, they bifurcated the original Art 138 and now initiated another redress
process on the new matters. This was supposed to be served on your client today.

1. Our interpretation is the Government's interpretation, to include the SJA and the Brig.
we are confused by your interpretation and welcome a phone conversation to discuss this
issue.

2. Response to your we currently estimate the 0CA's to be finished providing their
consent in the next two weeks.

v/
Ashden

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_0459

02891942

Previously Submitted in End 77
Previously Sgmgiited in End 1

Faun:
To:

Cc:

Subjactz

Imponanee:

Dr. Sweda,

Good morning.

Fain, Ashden CPT USA JFI-IQ-NCRIMDW SJA

Friday, April 08. 2011 7:08 AM

Swede, Michael Dr CIV USA MEDCOM Benesh, Samantha MAJ MIL USA
MEDCOM Hemphill, Maria LTC MIL USA MEDCOM BAMC

Habenand, John CPT MIL CarIiIe, Monica L. SFC USA JFI-IQ-NCRIMDW Morrow
Jooean, CPT USA SJA:
Matthew kemkes; Hall
Cassius Mr FMM

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

High

In light of the looming Furlough, could you please let me know whether the

Board will still be available tomorrow to conduct its interview? we are currently verifying
with the support staff involved with movement, security, and facilities, to ensure there are

no shutdowns planned.

Also, SFC Monica Carlile will be at the Metro Park facility to greet the Board and escort you

to the conference room.

If you have any issues tomorrow, please call my blackberry at 2

Also note that you will not be able to bring cell phones into the conference room,

so please have my number available hard-copy.
security check point.

Cell phones may be stored outside of the

After your confirmation back to me about tomorrow, I plan on sending a final confirmation to
you no later than 1500 today.

Thank you .

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_046O

Previously Submitted in Encl 77












02221748
30158

From: Hemphill, Marla a no MIL USA MEDCOM BAM
Sent: Friday, April 8, 20] |:l3 PM
To: Fein, Ashden cm USA sm

Sweda, Michael Dr CIV USA MEDCOM WRAM

Benesh, Samantha MAJ MIL USA

MEDCOM MAMC
Cc: Haberland, John CPT MIL USA Carlile, Monica L.

SFC USA SJA Morrow

JoDean, CPT USA SJA


Hall Cassius Mr FMMC (FTMYER)

Subject: RE: R.C.M. 706 interview of PFC (UNCLASSIFIED)
CPT Fcin.
I plan to be there. Dr. Sweda and MAJ Bencsh are at a conference today but I will let them know about your message and ask them to
Icply.
LTC Hemphill

Defense_Unc|ass_EmaiI_O461

02221743 Previously Submitted in Encl 77
Previously in Encl 1

From: Benesh, Samantha MAJ MIL USA MEDCOM MAMC

Sent: Friday, Am?! 08, 2011 2:11 PM

To: Hemphill, Mada LTC MIL USA MEDCOM Fein, Ashden CPT USA JFHQ-
Sweda, Michael Dr CIV USA MEDCOM WRAMC

Cc: Habenand. John CPT MIL Cadile, Monica L. SFC USA JFHO-NCRIMDW Morrow
Ill. JoDean. CPT USA SJA:
Matthew kemkes; Hall
Cassius Mr FMM

Bubjoctz RE: R.C.M. 706 interview of PFC (UNCLASSIFIED)

??gnodlBy:

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Per guidance from our Department Chief, COL Dunivin, we are good to go for
the interview tomorrow regardless of whether a furlough is in effect. Dr.
Sweda and I will be there at 9900, unless we receive other guidance
from you this afternoon by 1600. Neither Dr. Sweda nor I will have access
to our email accounts after 1600. If you need to reach us for any reason,
please feel free to contact me at my cell phone number below.

V/ra

Samantha M. Benesh

MAJ, HS, USA

Forensic Fellow
Halter Reed Army Medical Center
Office:
DSN:
Cell:
Fax:



Defense_U ndass_EmaiI_0462

02891923 Previously Submitted in Encl 77
Previously in Encl 1
From: Fein, Ashden CPT USA SJA
sent: Fnday, Am! 08, 2011 2:59 PM
To: Benesh. Samantha MAJ MIL USA MEDCOM Hemphill, Marla LTC MIL USA
MEDCOM Weds. Michael Dr CIV USA MEDCOM WRAMC
Cc: Habenand, John CPT MIL Canile, Monica L. SFC USA JFHQ-NCRIMDW Morrow
JoDean. CPT USA
Matthew kemkes; Hall
Cassius Mr FM
Subject: RE: R.C.M. 706 interview of PFC (UNCLASSIFIED)

Board Members,

we are still on For tomorrow, despite the furlough.
open and SFC Carlile will meet you at the front door at 0900.

v/r
CPT Fein

Ashden Fein
CPT JA

Defense_Unc|ass_Emai|_0463



The building will be
Thank you.

02885024

30161

From:
Sent
To:
Cc:

Subject:
Attachments:

David,

Good morning.

SecNav in reference to the original Art 138 complaint.
we are completing the discovery requests this weekend and I expect to provide

yesterday.

Fein, Ashden CPT USA SJA

Saturday, April 09. 2011 11:43 AM



Matthew kemkes' Morrow JoDean, CPT USA

Haber1and,John CPT MIL Cadile. Monica L. SFC

USA Feito, Beatriz SGT USA JFHQ- SJA

US v. PFC BM (Discovery 011463-011573) 1 of 3

Unclassi?ed Discovery (011463-O1 1573)

Attached to this email and the subsequent two emails is the USMC GCMCA memo to

PFC BM was served this document

additional discovery and the responses by COB Monday.

v/r
Ashden

Ashden Fein
CPT, JA

Tracking:

Defense_Unciass_Emaii_0464

02884948

Filename:

From:

Sent:

Subject:

Size:

Defense_Unclass_EmaiI_0465



30162

US v. PFC BM (Discovery 011463-
011573) 3 of 3.msg

Fein, Ashden CPT USA
SJA



Saturday, April 9, 2011 11:44 AM

US v. PFC BM (Discovery 011463-
011573) 3 of 3

(3,894,272 bytes)

02884986

Filename:
From:

Sent:

Subject:

Size:

Defense_U nclass_Emai|_0466

30163

US v. PFC BM (Discovery 011463-
011573) 2 of 3.msg

Fein, Ashden CPT USA
SJA



Saturday, April 9, 2011 11:44 AM

US v. PFC BM (Discovery 011463-
011573) 2 of 3

(4,481,536 bytes)

0221 5365
30164







From:

Sent: Saturday, April 9, 2011 12:53 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Morrow JoDean, CPT USA

IFH SJA






Habedand.John CPT MIL USA
.Carlile. Monica L. SFC USA SJA
Feito, Beatriz SGT USA JFHQ-

SJA
Subject: [Suspected RE: US v. PFC BM (Discovery 011463-011573) 1 of}

Ashden,
Thank you. I look forward to the additional discovery.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential attorney-
client infomwation 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_0467

02215361





From:
Sent: Sunday, April 10, 2011 9:30 PM




To:

Cc: Matthew kemkes Bouchard. Paul CPT USCENTCOM
USF-I Fein,
Ashden CPT USA SJA
Morrow IH, JoDean, CPT USA SJA

Carlile, Monica L. SFC USA JFHQ-

SJA

Subject: Response to GCMCA's Action

Attach: GCMCA Response Article 138 Complaint - Quanticopdf

All,

Please see the attached memorandum.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

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

Defense_Unclass_Emai|_0468

02884922

Previously in Encl 1

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

Good evening.
discovery requests.

Fein, Ashden CPT USA SJA

Tuesday, April 12, 2011 6:30 PM



Matthew kemkes; Morrow Ill, JoDean, CPT USA

Haber1and,John CPT MIL Cariile, Monica L. SFC

USA Feito, Beatriz SGT USA JFHQ- SJA

US v. PFC BM (Discovery)

11-Apr-12-Govemment Response to Discovery Response 29 Oct 10 (ManningB).pdf; 11-
Apr-12-Govemment Response to Discovery Response 1 Nov 10 (ManningB).pdf; 11-Apr-12-
Government Response to Discovery Response 8 Dec 10 (ManningB).pdf; 11-Apr-12-
Government Response to Discovery Response 10 Jan 11 (ManningB).pdf; 11-Apr-12-
Government Response to Discovery Response 15 Nov 10 (ManningB).pdf; 11-Apr-12-
Government Response to Discovery Response 16 Feb 11 (ManningB).pdf

Attached are the Government's responses to your Pre-Art 32
This morning, we went you an CD with additional
discovery (BATES: 011574-12711).

As we receive more information, we will be

passing the information to you and we are also preparing to give you access to
classified evidence, once we receive the approvals.

If you have any questions, please call.

Have a good evening.

v/r
Ashden

Ashden Fein
CPT, JA

Tracking:

Defense_Unciass_EmaiI_0469

0221 5359






Previously S?rgrgilted in End 1
From:
Sent: Tuesday, April 12, 20! 1 7:42 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes . Morrow Ill. oDean, CPT USA

SJA
USCENTCOM USF-I

Haberland,John CPT MIL USA

Carlile. Monica L. SFC USA SJA
eito. Beatriz SGT USA IF HQ-

Bouchard. Paul CPT






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

Ashden,

Thank you for the discovery responses. I anticipate the need to revisit most of the government's
responses after referral. I also want to inform the government of a new mailing address for my o??ice.
Please use the below address for all future correspondence. If you have already sent the CD to
my old address, I will ensure mat it is forwarded to me.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Anoell Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unclass_Email_0470



02911556
some

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, Aprii 12, 2011 7:45 PM

To:

Cc: Matthew kemkes; Morrow JoDean, CPT USA JFHQ-NCRIMDW Bouchard, Paul
CPT USCENTCOM USF-I Haberland,John CPT MIL
Carlile. Monica L. SFC USA JFHQ-NCRIMDW SJA: Feito. Beatnz SGT USA JFHQ-


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

David,

Thanks. I will ensure we "wend" all future correspondences to your new address. we "went"
the CD to the old address.

v/r
Ashden

Ashden Fein
CPT, JA

Defense_Unc|ass_EmaiI_0471

02215356



30169
From:
Sent: Tuesday, April I2, 20lI 7:5| PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes oDean, CPT USA
SJA Bouchard. Paul CPT
USCENTCOM USF-I - - A-

CPT MIL USA
arlile, Monica L. SFC USA SJA
_Feit0. Beatriz SGT USA IF HQ-





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

Funny. I would prefer if you simply "went" me more "wiscovery."

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Of?cez 1-800-588-4156

Fax: (508) 689-9282






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_0472

02215355

30170









From:
Sent: Wednesday, April 13, 2011 3:47 PM
To: Fein, Ashden CPT USA SJ A
Cc: Matthew kemkes Morrow oDean, CPT USA

SJA Bouchard, Paul CPT

USCENTCOM USF-I

Haberland,John CPT MIL USA
Carlile. Monica L. SFC USA SJA
Feito, Beatriz SGT USA IF HQ-

Subject: Of?ce Visit
John,

Can you arrange to have PFC BM brought to MAJ Kemkes' office on the 28th of April? I would like to meet
with him from 0900 to approximately 1600. Thank you.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

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__EmaiI_0473

02200447

From:
Sent:
To:

Cc:

Subject:

30171

Haberland. John CPT MEL

Thursday, April I4, 20] l2:44 PM

Fein, Ashden CPT USA
SJA

Matthew kemkes

SJA
USCENTCOM USF-I

Carlile, Monica L. SFC USA
SJA Fcito, Beatriz SGT USA JFHQ-
SJA

Office Visit (UNCLASSIFIED)




Morrow Ill, JoDean, CPT USA
Bouchard, Paul CPT

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Sir,

I have notified the unit and they are coordinating transport for that visit.

Very Respectfully,

CPT John Haberland
Military District of Washington Legal Spokesman



Defense_Unc|ass_Emai|_O474







02884583 Previously Submitted in Encl 77
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Fridav. April 15. 2011 7:59 AM

To:

Cc:

MOWOW JoDean. CPT USA
Matthew kemkes

Subject: US v. PFC BM-Update

knponance: I?gh

Dr. Sweda,

Good morning. The purpose of this update is determine whether the 706 board

Defense_Unclass_EmaiI_0475

will be able to meet its suspense with completing the report by tomorrow (16

April 2011).

If not, please send an extension request with a justification.

Also, is there any more testing or interviews that you need the Goverment
to organize for the board?

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Previously Submitted in Encl 77
Previously in Encl 1



Sweda. Michael Dr IV USA MEDCOM WRAMC

Fm":

Sent: Friday, April 15, 2011 9:07 AM

To: Fein, Ashden cm USA sm

Cc: ha MAJ MIL USA MEDCOM MAMC
coomb armycourtmanialdefensecom; Morrow
0 . - SJ A
Matthew kemkes Bouchard, Paul CPT USCENTCOM

USF-I
Haberland, John CPT MIL USA

Subject: RE: us v. PFC BM-Update (UNCLASSIFIED)








Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir
I just spoke with all members of the 706 Board. We anticipate completing the report this evening perhaps late. but this evening

vlr.

Miclnel Sweda. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Service

Director. Forensic Fellowship Walter Reed Anny Medical Cerler




- (fax)
(business blackiaerryl
(personal mobile)

?The United States themselves are essentially the greatest poem.
Pat and present and future are not disjointed but joimd."

Defense_Unclass_Emai|_0476



02884576 Previously Submitted in End 77

Previously in Encl 1

From: Fein, Ashden CPT USA SJA








-. 'vo'v -.-.
SJA: Matthew kemkes; Bouchard. Paul cw uscemcom USF-I


Subject: Re: US v. IFIED)

Sir,



Thank you. It is not our intent to rush or move the board to be inaccurate; however if the
suspense can be met then it should. If you can not Finish by tomorrow, please send an email
request and we will forward to the convening authority.

Ashden Fein
CPT, JA

Defense_Unclass_Emai|_0477

02221732

From:

Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 77
Previously in Encl 1

Sweda, Michael Dr IV USA MEDCOM WRAMC


Friday, April 15, 2011 9:42 AM

Fein, Ashden CPT USA SJA
Benesh, Samantha MAJ MIL USA MEDC OM MAMC

Morrow

JoDean, CPT USA SJ A
Matthew kemkes ;Bouchard, Paul CPT USCENTCOM

us1=-r
Haberland, John MIL USA

RE: US v. PFC BM-Update (UNCLASSIFIED)






Classi?catiorr UNCLASSIFIED

Caveats: NONE

Sir

We are nrshod. One of the board members was out three days this week. One board member will perhaps have just enough time to
review the long rwort to meet the suspense tohy. If additional time is possible. would respectfully request an additional week. The
board has limited availability to meet together due to leave and oon?icting schedules. 98% of the long report has been ?nalized but
we should have. ideally. more time to meet and dismiss the full report.

I will send a formal request for a one-week extersion. but will continue pressing fonvard in case this is not approved.

v/r.

Michael Sweda. PltD.. ABPP (Forensic)
Board?Ceni?ed Forensic
Chief. Forensic Service







Director. Forersic P?chology Fellowship Walter Reed Army Medical

(fax)
(business blackberry)
(personal mobile)

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

Defense_Unclass_Email_0478

Previously Submitted in Encl 77
Previously in Encl 1



Sweda, Michael Dr IV USA MEDCOM WRAMC

From:

Sent: Friday, April 15, 2011 9:59 AM

To: Fein, Ashden CPT USA SJA






Cc: Benesh, Samantha MAJ MIL USA MEDCOM MAMC
Morrow
JoDean, CPT USA SJA
Bouchard. Paul CPT USCENTC OM
USF-I
I-Iaberland, John CPT MIL USA
Subject: RE: US v. PFC BM-Update (UNCLASSIFIED)
Attach: Manning extension request 22 Apn'l.pdf

Classi?cation: UNCLASSIFIED
Caveats: NONE

ALCON:

Please see extension request (attached).

v/r.

Swede. ABPP (Forensic)

Board-Certi?ed Forensic

Chief. Forensic Service

Director. Forensic Fellowship Walter Reed Amry Medical Center






(fat)
(business blackberry)
(personal mobile)

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

Defense_Unc|ass_Emai|__O479



02884578 Previously Submitted in Encl 77
Previously in Encl 1
From: Fein, Ashden CPT USA SJA
sent: Ftiday. Am! 15, 2011 5:30 PM
To:
Cc: Benesh. Samantha MAJ MIL USA MEDCOM
coom annyoounmattialdefenseoom; Morrow Ill, JoDean, CPT USA
SJA: Matthew kemkes; Bouchard. Paul CPT USCENTCOM USF-I
Habenand, John CPT MIL USA
subject: RE: US v. PFC BM-Update (UNCLASSIFIED)
Attacllnems: RCM 706 Extension Approval (ManningB).pdf
Dr. Sweda,

Attached is the approval of your request.

v/
CPT Fein

Ashden Fein
CPT, JA

Defense_Unc!ass_Email_0480



02221723 Previously Submitted in Encl 77







Previously in Encl 1
From. Sweda, Michael Dr IV USA MEDCOM WRAMC
Sent: Saturday, April 16, 2011 8:30 AM
To: Fein, Ashden CPT USA SJA
Cc: Benesh, Samantha MAJ NHL USA MEDCOM MAMC
Morrow
0 . - DW SJA
Matthew kemkes .
USF-I USCENT
Haberland, John CPT MIL USA
Subject: RE: US v. PFC BM-Update (UNCLA D)

Classi?cation: UNCLASSIFIED
Caveats: NONE

Sir
Thank you very much. This will permit adequate time for full discussion

Michael Sweda

Defense_UncIass_Emai|_0481

30179

From:

Sent: Monday, April 18, 20] 10:44 AM

To: Haberland.John PT MIL USA

Cc: Matthew kemkes
SJA

USCENTCOM USF-I
',Cariile. Monica L. SFC USA

Feito, Beatriz SGT USA JFHQ-
Fein, CPT USA








Morrow Ill, JoDean, CPT USA
Bouchard, Paul CPT






JA
Subject: [Suspected RE: Office Visit (UNCLASSIFIED)

John,
Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282




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

Defense_U nclass_Emai|_O482



0221 5352

Defense_UncIass_Emai|_0483






Previously in Encl 1

From:

Sent: Monday, April 18, 2011 1:05 PM

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

SJ A Bouchard, Paul CPT
USCENTCOM USF-I - - A-
Haberland,John CPT MIL USA
arlile, Monica L. SFC USA SJA
eito, Beatriz SGT USA IFHQ-

Subject: US v. PFC BM (Discovery)

Ashden,

I received the discovery 011574-012569 and 012570-012711. Along with this discovery, the CD had two
RTF ?les dealing with Intelligence Analyst Course - 243-35F10 (dated 28 Aug 2008) along
with the 243-35F10 Version 1 Lesson Plans. I could not open the lesson plans (the 24.5
MB document). were these two documents intended to be part of the discovery?

Also, with regards to the FBI Joint Intelligence Bulletin (21 Nov 2010) and NCIS Bulletin
detailing the publication of an English version of Inspire Magazine (Summer 2010,
Winter 2010, and November 2010) - can you tell me why these documents were
provided in discovery? What specific discovery request by the defense were these
documents in response to? what was the source of these documents?

Finally, my office has been contacted by a CBS correspondent who says the 706 board has completed its
work and it will be served on the defense tomorrow. Is this person correct?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317

Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



rm ourtm 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

02884910
Previously S?xazfgilted in Encl 1


From: Fein. Ashden CPT USA SJA
sent: Monday, April 18, 2011 3:24 PM
To:
Cc: Matthew kemkes; Morrow Ill. JoDean, CPT USA Bouchard, Paul

CPT USCENTCOM USF-I HaberIand,John CPT MIL
Carlile. Monica L. SFC USA JFHQ-NCRIMDW Feito. Beam?: SGT USA JFHQ-

NCRIMDW SJA
Subject: RE: US v. PFC BM (Discovery)
Attachments: Unclassi?ed Discovery (012712-012720) (ManningB).pdf

David,

1. files. The two ?.rtf" files were original files that we provided in
their native form. He created BATES stamped of the files on the CD.

The files should open, but they are very large, thus we created the PDFs to

make them easier to understand.

2. FBI NCIS Publications. They were provided as part of our UNCLAS case
file. The Government endeavors to provide the defense with as much

information from our case file, as authorized, even if not under an express
requirement under RCM 485 and later under RCM 701, Brady, etc; or based on a
specific defense request. The source of the documents are the

assigned to each organization producing the report.

3. CBS Correspondent. He have no additional information outside the email
chain from Dr. Sweda and the approving the extension.

4. PFC BH's Uniforms. It is the comand's understanding that your request for
the command to assist with obtaining new ACUs for PFC BM is already being
coordinated through his aunt and Kenkes.

5. Article 138 Endorsement. Attached is a copy of the Brig's endorsement to
PFC BH's letter of 16 Apr 11. This was served last

week.

v/r
Ashden

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0484



From:

Sent: Tuesday, April 19. 20l 1 2:24 PM

To: Fein, Ashden on USA sm
Subject: [Suspected RE: US v. PFC BM (Discovery)

Ashden,

Thank you for your responses. with regards to the ACUs, it is not being coordinated through the family.
Please request that the unit make the necessary arrangements to obtain a new set of ACUs for him along
with the other requested items.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



""?""Coni?ldentiallty 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
infomiation may be unlawful and is

Defense_Unc|ass_Emai|_0485

02215346
30183

From:
Sent: Tuesday, April I9, 20! I 3:53 PM

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

USCENTCOM USF-I

CPT MIL USA

Carlile, Monica L. SFC USA SJA
eito, Beatriz SGT USA JFHQ-





Subject: [Suspected Movement of Manning

Ashden,
Please call me when you receive this message.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential attorney-
client lnforrnation 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_EmaiI_O486

02911642
30184

From: Fain, Ashden CPT USA SJA
sent: Tuesday, Aprit 19, 2011 4:09 PM

To:
Subject: Re: [Suspected Movement of Manning

David. I am finding out what is going on. I will call asap when I get an update.

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0487

0221 5342

Previously S?imggted in Encl 1











From:

Sent: Wednesday, April 20, 20]] 9:37 AM

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

SJA Bouchard. Paul CPT
USCENTCOM
I-Iaberiandsiohn CPT MIL USA
Carlile, Monica L. SFC USA SJA
eito, Beatriz SGT USA JFHQ-

Subject: [Suspected Request

Attach: Expert Request 2.pdf

Ashden,

Please see the attached request for a replacement Also, do you know how the move
will affect obtaining new set of ACUS for PFC Manning? Finally, I have contacted me JRCF commander,
LTC Dawn Hilton, to request to see PFC Manning on the 27th and 28th of April. I have not yet heard back
from her, but I would appreciate any assistance that the government could o?er in facilitating such a visit.

Best,
David

David E. Coombs, Esq.

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

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unclass_Emai|_O488



02911638

Previously %J51rgg1ed in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, April 20, 2011 9:39 AM

To:

Cc: Matthew kemkes; Morrow JoDean, CPT USA Bouchard, Paul
CPT USCENTCOM USF-I Habenand,John CPT MIL
Canile. Monica L. SFC USA JFHQ-NCRIMDW Felto, Beatnz SGT USA JFHQ-


Subject: RE: [Suspected Request

David,

He will start working the issues ASAP. Please route your requests through us,
so that we may ensure the meeting is scheduled and the right resourcing is
available. Are you planning on going alone, or with members of the defense
team?


Ashden

Ashden Fein
CPT, JA

Defense_U nclass_Emai|_0489

02215338
30187

From:
Sent: Wednesday, April 20, 2011 10:02 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes JoDean, CPT USA
SJA Bouchard, Paul CPT
USCENTCOM USF-I

Haberland,John CPT MIL USA

Carlile, Monica L. SFC USA SJA

eito, Beatriz SGT USA JFHQ-











Subject: RE: [Suspected Request

Ashden,

I am the only member of the defense going on this visit. I would like to meet with BM on the afternoon of
the 27th and during the day on the 28th. I would also like to have a tour of the facility so that I can
intelligently talk about the conditions of his confinement. In addition to this visit, can you give me the
information for the following:

a) Phone contacts for me to call in order to speak to my client;
b) Correct mailing address in order send attorney-client information to my client;

c) The JRCF rules and regulations so that I can ensure family, friends, and counsel abide by any special
requirements that differ from the Quantico Brig;

d) Visitation days/hours for family and friends, how family and friends will be added to the visitation list,
and when would be the ?rst time that family and friends will be able to visit

e) On future visits, who will be responsible for bringing BM to the trial defense of?ces at Fort
Leavenworth? How do I arrange such a request?

f) Will appropriate arrangements be made in order for BM and defense team to have access to classified
information at Leavenworth? (approved safe; any need to have a security expert present when
discussing/viewing classified information at Leavenworth, any new protection order restrictions etc.).

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282

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

Defense_U nclass_Email_0490

02199709
30188

From:
Sent: Wednesday, April 20, 201 1 10:02 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Morrow JoDean, CPT USA
SJA Bouchard, Paul CPT
USCENTCOM USF-I - - -

Haberland, John CPT MIL USA
arlile, Monica L. SFC USA SJA
Feito, Beatriz SGT USA IF HQ-








Subject: RE: [Suspected Request

Ashden,

I am the only member of the defense going on this visit. I would like to meet with BM on the afternoon of
the 27th and during the day on the 28th. I would also like to have a tour of the facility so that I can
intelligently talk about the conditions of his confinement. In addition to this visit, can you give me the
information for the following:

a) Phone contacts for me to call in order to speak to my client;
b) Correct mailing address in order send attorney-client information to my client;

c) The JRCF rules and regulations so that I can ensure family, friends, and counsel abide by any special
requirements that differ from the Quantico Brig;

d) Visitation days/hours for family and friends, how family and friends will be added to the visitation list,
and when would be the ?rst time that family and friends will be able to visit

e) On future visits, who will be responsible for bringing BM to the trial defense of?ces at Fort
Leavenworth? How do I arrange such a request?

f) will appropriate arrangements be made in order for BM and defense team to have access to classified
information at Leavenworth? (approved safe; any need to have a security expert present when
discussing/viewing classified information at Leavenworth, any new protection order restrictions etc.).

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282




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

Defense__Unclass_Email_0491

30189

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, Apn?! 20, 2011 10:03 AM



Matthew kemkes: Morrow JoDean, CPT USA JFHQ-NCRIMDW Bouchard, Paul
CPT USCENTCOM USF-I HaberIand,John CPT MIL
Carlile, Monica L. SFC USA JFHQ-NCRIMDW SJA: Feito. Beatnz SGT USA JFHQ-


Subject: RE: [Suspected Request



Thank you. we are working these issues.

Ashden Fein
CPT, JA

Defense__UncIass_Emai|_0492



02910833 Previously Submitted in Encl 77
some

From: Fein. Ashden CPT USA SJA

sentan. CPT USA JFHQ-NCRIMDW
Matthew kemkes:

subhunz 706



Dr. Sweda,

Thank you For the phone call.

During the call, you expressed some confusion

on which questions in the convening authority's order that the board needed

t0 .

You specifically pointed out that the questions asked did not

identically match the questions listed in RCM

The Government's interpretation of the convening authority's order is that
the board is required to give the ultimate answer to the questions posed, in
(including the subparagraphs) to the Government.

Recognizing your concern that the questions are not the exact Form of the
questions in the RCM (although they are substantively the same), we
recommend you answer the ultimate questions ordered by the convening

authority.

If you feel that you still need to answer the ultimate questions

from posed in the RCM, then the government recommends you answer those
questions as well, absent an objection by the defense (who is Cced).

As a reminder- please do not provide the government counsel anymore than the
answers to the ultimate questions.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_UncIass_EmaiI_0493

02884642
Previously in Encl 1



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Saturday, April 23, 2011 9:38 AM

To:

Cc: Matthew kemkes; Morrow ill. JoDean. CPT USA Bouchard. Paul
CPT USCENTCOM USF-I HaberIand,John CPT MIL
Carlile. Monica L. SFC USA SJA: Felto. Beatrlz SGT USA JFHQ-


Subject: US v. PFC BM Update

Attachments: 11-Apr-22 Excludable Delay Memorandum (ManningB).pdf

David,

Good morning. we are still working on identifying a in the
vicinity of Fort Leavenworth. It is our understanding that you had all the
questions below answered by LTC Hilton, except

1. we are working on determining the means to have you sit down with your
client and access classified information. below

2. we are working on getting PFC uniform situation worked out with the
command.

3. Attached is the most recent Excludable Delay Memo.

Following this email, I will be sending MAJ Kemkes a copy of the
short form of the R04 706 results. we are working on determining a way to
setup for your email, so that we can freely send emails back and
forth while ensuring the proper security is in place.

Have a good weekend.

v/
Ashden

Ashden Fein
cpr, JA

Defense_Unc|ass_EmaiI_0494

. 02884834
I Previously in End 1

From: Fein, Ashden CPT USA SJA
Sent: Saturday, April 23, 2011 9:50 AM
To: MATTHEW KEMKES Bouchard, Paul R. CPT USD-C
DSTB CO TDS Sr De ense ounse
Cc: Morrow JoDean, CPT USA Habertand, John CPT USA

Regimental Judge Advocate; Car1i|e, Monica L. SFC USA Feito,
Beatriz SGT USA JFHQ- SJA
Subject: US v. PFC BM (Short Form)
Attachments: 11-Apr-22 Sanity Board Results Short Form (ManningB).pdf

Attached is the short form of the RCM 706 results.

v/r~

Ashden

Ashden Fein

cpr, JA

Tracking:

Defense_Unclass_Emai|_0495

02885072 Previously Submitted in Encl 78
Previously S??arggted in Encl 1
From: Fein, Ashden CPT USA SJA I
Sent: Monday, April 25, 2011 4:44 PM
To: Coffman, Carl COL MIL USA
Cc: Matthew kemkes; Morrow JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM USF-I
Haberland,John CPT MIL Cadile, Monica L. SFC USA
Feito, Beatriz SGT USA SJA
Subject: US v. PFC BM (Art 32 Delay Request)
Attachments: 11-Apr-25-Government Request to Delay Article 32 (ManningB).pdf
Importance: High
Sir,

The United States requests a delay of the Article 32.
we delivered the enclosures to you and will send the defense a

request.

Please see the attached

separate email with the enclosures.

v/r
CPT Fein

Ashden Fein
CPT, JA

Tracking:

Defense_Unclass_Email_0496



02885101

Filename:

From:

Sent:

Subject:

Size:

Defense__Unclass_EmaiI_0497

30194

US v. PFC BM (Art 32 Delay Request
Enclosures 1 of 2).msg

Fein, Ashden CPT USA

SJA

Monday, April 25, 2011 4:46 PM

US v. PFC BM (Art 32 Delay Request
Enclosures 1 of 2)

(4,351,488 bytes)

02885100

Filename:

From:

Sent

Subject:

Size:

Defense_Unclass_EmaiI_O498



30195

US v. PFC BM (Art 32 Delay Request
Enclosures 2 of 2).msg

Fein, Ashden CPT USA
SJA



Monday, April 25, 2011 4:48 PM

US v. PFC BM (Art 32 Delay Request
Enclosures 2 of 2)

(9,561,600 bytes)

02885095

30196

Fnmn:

Tb:
Cc:

Su??ect

Importance:

David,

I just sent two emails to the military defense counsel.

Fein, Ashden CPT USA SJA

Monday. April 25. 2011 4:49 PM



Matthew kemkes; Morrow Ill, JoDean. CPT USA Bouchard, Paul
CPT USCENTCOM USF-I ?HaberIand,John CPT MIL
Carliie. Monica L. SFC USA SJA: Feito. Beatriz SGT USA JFHQ-
NCRIMDW SJA

REDelay Request)

High

If you

would like, we can Fax you a copy of the two enclosures we sent by email.

Please let me know.

v/r
Ashden

Ashden Fein
CPT, JA

Defense_UncIass_EmaiI_O499

Thank you.



02215337

30197
From:
Sent: Monday, April 25, 2011 4:51 PM
To: Fein, Ashden CPT USA SJA
Subject: Re: US v. PFC BM (Art 32 Delay Request)

Please fax the to me. Thank youm
Sent from my Verizon Wireless B|ackBen_v

Defense_Unclass_EmaiI_0500

02215336
30198

From:
Sent: Monday, April 25, 2011 5:24 PM

To: Fein, Ashden CPT USA SJA

SubjectDelay Request)

I just mocivcd the cover page. nothing else. Plcasc resend the fax.
Sent from my Verizon Wireless BlackBeny

Defense_Unc|ass_Emai|_0501

02885093



30199

Ashden Fein
CPT, JA

Defense_U nc|ass_EmaiI_0502

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Monday, April 25, 2011 5:(Art 32 Delay Request)



02200243

30200

Carlile, Monica L. SFC USA SJ A

From:

Sent: Monday, April 25, 2011 5:29 PM

To:

Cc: Fein, Ashden CPT USA SJA

Morrow JoDean, CPT USA SJA

Subject: Fax (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Mr. Coombs,

I can't count. There are 49 pages on the way, not the 31 as stated on the coversheet. It took 17 mins to go thru so it
may take awhile.

V/r
SFCCarlile

SFC MONICA L. CARLILE
PARALEGAL NCO

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

I cannot be reached at this office using my Global account. Please be sure to email at:



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Email_0503







02217353 Previously Submitted in Encl 78
Previously Sg8?3i?ted in Encl 1

From:

Sent: Monday, April 25, 2011 8:13 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes

Morrow 111, JoDean. CPT USA
Bouchard, Paul CPT USCENTCOM
Haberland,John PT MIL USA an e, omca L. SF
USA SJA Feito, Beatriz
SGT USA JFHQ- SJA

Subject: Re; US v. PFC BM (Art 32 Delay Request)

Ashden.

Got it.

Mr. Coombs.

Please provide me your feedback on the request by COB 27 April.

VR

OOL Cad Coffman

Sem via Bla:kBcn3* by

Defense_Unc|ass_Emai|_0504



02215317 Previously Submitted in Encl 78













Previously S?i?ziagted in Encl 1
From:
Sent: Tuesday. April 26, 2011 9:08 PM

Cc: Matthew kemkcs Morrow JoDean, CPT USA
SJA Bouchard. Paul CPT
USCENTCOM USF-I
Haberland,John CPT MIL USA
Carlile, Monica L. SFC USA SJA
Feito, Beatriz SGT USA JFHQ-
SJA Fein, Ashden CPT USA
SJA
Subject: RE: US v. PFC BM (Art 32 Delay Request)
Attach: Article 32 Dela_v.pdf; Attachment A.pdf; Attachment B.pdf; Attachment .pdf;
Attachment D.pdf; Attachment E.pdf; Attachment F.pdf
Sir,

Please see the attached feedback regarding the Government's delay request.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unclass_Email_O505

02885063 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Friday, April 29, 2011 6:14 PM

To: Almanza, Paul

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

CPT USA Egan, Michael CIV
Haber1and,John CPT MIL
;coom armycou ma la eense.com
Subject: US v. PFC BM (Article 32)
Attachments: Delay of Article 32 Investigation (ManningB).pdf; 11-Apr-25-
Government Request to Delay Article 32 (ManningB).pdf; 11-Apr-26-Defense Response to
Government Request for Art 32 Delay (ManningB).pdf

Sir,

Good evening. Attached is a approved delay request for the Article 32

investigation. If you would like a copy oi? the enclosures of the Government

and Defense memorandums, please let me know and I will send them separately.

v/r

CPT Fein

Ashden Fein
CPT, JA

Tracking:

Defense_Unclass_EmaiI_0506

02884883

Previously Sy?nfaitted in Encl 1

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,"

Attached is the updated Monitoring request For PFC BM.

Fein, Ashden CPT USA SJA

Friday, April 29, 2011 6:20 PM



Matthew kemkes; Morrow Iii, JoDean, CPT USA Bouchard, Paul
CPT USCENTCOM USF-I HaberIand,John CPT MIL
Carlile, Monica L. SFC USA Feito, Beatriz SGT USA JFHQ-
SJA

US v. PFC BM (Monitoring)

Monitoring Request Chain (ManningB).pdf

what you will Find in

this attachment, is the original request from the a clari?cation
email from the a response by the Provost Marshal General, and a
-Follow-on response by the

We are continuing to work your discovery requests and receiving OCA approvals

For disclosure.

Have a good weekend.

v/r
Ashden

Ashden Fein
CPT, JA

Defense_U nciass_Email_0507

Previously Submitted in Encl 79
30205

02219491

From:

Sent: Monday, May 2, 2011 9:06 AM
To: Fein, Ashden USA sm
Cc: Carlile, Monica L. SFC USA SJA








Matthew kemkes

Morrow JoDean, CPT USA

Egan, Michael JFHQ-NCRIMDW
Bouchard. Paul CPT USCENTCOM USP-





Haberland,Jo CPT MIL A


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

Thank you CPT Fein No need for the enclosures at this time.

All - FYI: eadierl had mentioned I was going to be activated. but those activation orders have been revoked. My DOJ email address
thus remains the best way to reach me.

LTC Almann

Defense_Unc|ass_Emai|_O508

02884687

From:

To:
Cc:

Subject:

David,

30206

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Tuesday, May 03. 2011 8:23 PM



Matthew kemkes; Morrow Ht, JoDean, CPT USA JFHQ-NCRIMDW Bouchard, Paul
CPT USCENTCOM USF-I HabeI1and,John CPT MIL
Canile. Monica L. SFC USA SJA: Feito. Beatriz SGT USA JFHQ-
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW SJA

US v. PFC BM Phone Meeting

Are you available Thursday evening to have a phone meeting to discuss progress

and For us to give you some updates?

Thanks.

Ashden

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0509

If so, I propose 1900 on Thursday.

02215316
30207

Bouchard, Paul CPT USCENTCOM USF-I

Fronn
Sent: Tuesday, May 3, 2011 8:23 PM

To: Fein, Ashden CPT USA SJA
Subject: Out of O?ice: US v. PFC BM Phone Meeting

I am currently TDY. I can be reached a


CPT Paul Bouchard

Defense_UncIass_Email_0510

02215313
30208

From:
Sent: Tuesday, May 3, 2011 9:38 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Morrow .loDean, CPT USA
SJA Bouchard, Paul CPT

USCENTCOM USF-I

Haberland.John CPT MIL USA

Carlile. Monica L. SFC USA SJA
Feito, Beatriz SGT USA NCIUMDW
1 Overizaard. Angel M. CPT USA JFHQ-








SJA
SJA

Subject: [Suspected RE: US v. PFC BM Phone Meeting

Ashden,
Thursday at 1900 is ?ne.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508)689-9282



Notice: This transmission, including attachmens, 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|_051 1



Previously in End 1

From: Fein. Ashden CPT USA SJA

sent: Wednesday. May 04, 2011 6:18 PM

To:

Cc: Matthew kemkes; Momow Jooean, CPT USA JFHQ-NCRIMDW Bouchard, Paul

CPT USCENT COM USF-I HabeI1and,John CPT MIL
Canile. Monica L. SFC USA JFHQ-NCRIMDW SJA: Felto. Beatriz SGT USA JFHQ-
NCRIMDW Overgaard. Angel M. CPT USA JFHQ-NCRIMDW SJA

Subject: US v. PFC BM Expert)
Attachments: Approval Defense Expert
(ManningB).pdf
David,

The approved the defense request for a change of the
The contact information is below.

Patrick Armistead-Jehle,
Clinical
Chief, Concussion Clinic
mnson Army Health Center
Fort Leavenworth, KS

F)





Ashden

Ashden Fein
CPT, JA

Defense_Unc|ass_Email_051 2



02215308
30210

From:
Sent: Wednesday, May 4, 201 1 6:56 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes oDcan, CPT USA
SJA Bouchard. Paul CPT

USCENTCOM

CPT MIL USA

Carlile. Monica L. SFC USA SJA
Feito, Beatriz SGT USA JFHQ-
Overszaard. Angel M. CPT USA IFHQ-










SJA

Subject: [Suspected RE: US v. PFC BM Expert)
Ashden,

Thank you.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_UncIass_Emai|_051 3

02889883

30211

From: Fein, Ashden CPT USA SJA
sent: Thursday, May 05, 2011 7:08 PM

To:
Subject: running late

David,

I am having an issue with our phones.

Ashden

Ashden Fein

CPT, JA

Defense_UncIass_EmaiI_0514

will call in a moment.

Thank you.

02215307
30212

From:

Sent: Thursday, May 5, 2011 7: 16 PM

To: Fein. Ashden CPT USA SJ A
Subject: RE: running late

Ashden,

would you like me to call you on your cell?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

uwmarmxcoumnaniakietemlcom

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_EmaiI_051 5





02889881
sozn

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, May 05, 2011 7:16 PM

To:

Subject: RE: running late

I am good now. N111 call in less than a minute.

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai |_051 6

Thanks.



0221 5303

30214

From:

Sent: Thursday, May 5, 2011 8:21 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: Con?nement Conditions
Attach: Manning LES.pdf

Ashden,

Below you will ?nd LTC Hilton's email regarding the information thatI had requested from her. Also, with
regards to the pay issue, I have attached PFC Manning's most recent LES. The course in question was a
three week course in April of 2009. The unit submitted his travel voucher through DTS, but it was
apparently kidCinco de Mayo.

Best,
David

David E. Coombs, Esq.

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

Office: 1-800-588-4156

Fax: (508) 689-9282

rtiaIdefense.com

Notice: This transmission, including attachments, may contain confidential attorney-
client lnfonnation 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_0517

02215300
Previously Sggmiged in Encl 1

From:
Sent: Friday, May 13, 2011 3:42 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Morrow HI, oDean, CPT USA
SJA Joshua Tooman

Bouchard, Paul CPT USCENTCOM USF-I
Haberland,John
CPT MIL USA Carlile, Monica L. SFC USA JFHQ-
SJA eito, Beatriz SGT USA
JFHQ- Overgaard,
CPT USA SJA










Subject: Discovery Request Narious Issues
Attach: Discovery Request - 13 May.
Ashden,

Please ?nd the attached supplemental discovery request. I also wanted to raise the following additional
issues with you:

a) When PFC Manning is brought back to the MDW area for pretrial prep, the Article 32, and the trial, where
will he be held? If he is held in Quantico, will the Brig insist on placing him back in Maximum Custody and
Prevention of Injury Status even though this is clearly not warranted given the facts?

b) Have you heard anything from the unit regarding the travel debt erroneously being taken from PFC
Manning's pay?

c) I have not received the discovery that you intended to mail on Monday. Should I have received the
discovery by now, or is there a new date for this discovery?

d) Any update on when the defense computer forensic expert will be able to begin his work?

e) Finally, I want to introduce the newest member of the defense team - CPT Joshua Tooman. CPT Tooman
is stationed at Fort Leavenworth. His of?ce will need a GSA-approved safe in order to enable the defense
team to conduct trial prep at either Fort Leavenworth or Fort Myer.

Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain 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__O518



02903791

Previously S?x?qgted in End 1



From: Fain, Ashden CPT USA SJA
sent: Friday, May 13,2011 5:19 PM
To:
Cc: Matthew kemkes; Momow JoDean. CPT USA
Bouchard, Paul CPT USCENTCOM USF-I USCENTCOM-
- - Canlle, Monica L. SFC USA JFHQ-

NCRIMDW Feito. Bealnz SG USA Overuaatd, Angel M. CPT

USA SJA
Subject: Re: Discovery Request Narious Issues

David. Thank you. My computer just died and I was planning on sending you a copy of the
excludable delay memo. I will send it on sunday when I return.

As Far as the discovery- we were not able to get the cd out until yesterday. It is in the
mail and you should get it early next week. Included on the cd is a copy of the short form
796 results, the USF-I 15-6 and the slide show the gave to the press.

we are still working on the approvals for the unclass case File, classified case File, and
the raw forensic information. He now have the equipment to burn a copy of the 8th of data for
your expert and that is being worked. we are also working on a location at leavenworth For
you to discuss "secret" info with your client.

No decision has been made on where your client will be housed when brought back to the ncr.
we are looking at all options to ensure we comply with army and dad regulations.

The unit is still working the travel debt issue. That was supposed to be discussed today when
the co visited your client at the brig.

Is CPT Tooman replacing any members or is he an additional member?

Josh- welcome! Please send me an email with your SSN and P08 so we can process your
clearance.

F1nally- do you have a home cac reader For your personal/work computers?
Have a good weekend.

Ashden

Ashden Fein
CPT, JA

Defense_U ndass_Email_051 9

02215297
30217

From:
Sent: Sunday, May i5, 20] I 8:57 PM

To: Fein, Ashden CPT USA SJA













Cc: Matthew kemkes Morrow JoDean, CPT USA
JFI-I SJA
Bouchard, Paul CPT USCENTCOM

Carlile. Monica L. SFC USA SJA
Feito, Beatriz SGT USA HQ-
Overgaard, Angel M. CPT USA JFHQ-
Subject: [Suspected RE: Discovery Request Narious Issues
Ashden,

Josh is not replacing any member of the defense. Currently, he is assigned to the defense team, but not
detailed to the case. Since I do not suspect any documentation other than "Secret," do you believe that

Josh needs to obtain a T5 clearance?

I do have a home cac card reader. Is there something that you need me to digitally sign or use my cac to
access?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain 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

infonnatlon may be unlawful and is

Deiense_Unclass_EmaiI_0520

02903786

30218




From: Fein, Ashden CPT USA SJA

sent: Monday. May 16. 2011 10:42 PM

To:

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

Bouchard, Paul CPT USCENTCOM USF-I USCENTCOM-
- A- Canile. Monica L. SFC USA JFHQ-
Feito, Beatriz SGT USA JFHQ- NCRIMDW Overgaard. Angel M. CPT
USA SJA

subject: RE: Discovery Request Nan'ous Issues

Attachments: 11-May-12-Excludable Delay Memorandum (ManningB).pdf

David,

Thanks. Attached is a copy of the excludable delay memo. I am a bit

conFused on Josh's assignment but no detail.

Are you available in the next

day to discuss this issue, CAC reader and card, and a new admin issue?

Thanks.

Ashden

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI__0521

0221 5293

30219
From:

Sent: Tuesday, May I7, 20] I 9:47 AM

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




SJA








Bouchard, Paul CPT USCENTCOM USF-I

ICI-JA-TBO

Carlile. Monica L. SFC USA SJA

Feito, Beatriz SGT USA JFHQ-
Overgaard, Angel M. CPT USA JFHQ-

Subject: [Suspected RE: Discovery Request Nan'ous Issues

Ashden,
I can talk today at 1600 if that works for you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_U nclass_Email_0522

02889886
30220

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, May 17, 2011 4:23 PM

To:

Subject: Running late

David. I am running late. I apologize. Are you available at 1766.

Ashden Fein
CPT, JA

Defense_UncIass_EmaiI_0523

0221 5292
30221

From:
Sent: Tuesday. May 17, 201] 4:35 PM

To: Fein, Ashden CPT USA SJA

Subject: RE: Running late

Ashden,

I am on a call that should end about that time. Let's shoot for 1730. If the call runs long, I will send you
a quick note to reschedule.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

mmefeme1mm


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 oopies. Unauthorized disclosure. copying or use of this
information may be unlawful and is

Defense_Unclass_EmaiI__0524

02889884
30222

From: Fein, Ashden CPT USA SJA
sent: Tuesday, May 17, 2011 4:42 PM

To:
Subject: RE: Running late

Thanks. I am available anytime tonight-it?s a work late night.

Ashden Fein
CPT, JA

Defense_Unc|ass_EmaiI_0525

02215290

30223

From:

Sent: Tuesday, May 17, 2011 5: I3 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: Running late

Ashden,

Give me a call at 1730. I will be free at that time.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282




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

Defense_UncIass_EmaiI_0526

02216919
30224

From: Tooman. Joshua CPT MIL US USA TRADOC
Sent: Thutsday, May 19. 2011 11:35 AM

To: Fain, Ashden CPT USA SJA

subject RE: Discovery Request Nanous Issues (UNCLASSIFIED)

Signed By:

Classification: UNCLASSIFIED
Caveats: FOU0

Ashden
Do you still need good to go? Thanks.

v/r
Josh

CPT Joshua J. Tooman

Defense Counsel

U.S. Army Trial Defense Service
415 Custer Avenue

Fort Leavenworth, Kansas

Phone:
Fax:
DSN -

This e-mail message and any attachments may contain privileged attorney-client
and/or work-product information or other information protected from release
under FOIA. If you have received this e-mail in error, please notify the
sender. Do not copy or forward this e-nail without the permission of the
sender.

Defense_Unclass_EmaiI_O527

02903781
30225

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, May 19, 2011 11:55 AM

To: 'Tooman, Joshua CPT MIL US USA
subject: RE: Discovery Request Narious Issues (UNCLASSIFIED)
Josh,

Thanks. At this point, we need the following:

Full Name:

City and State of birth:

M05 and Rank:

Work Ph#:

Secondary Ph#: cell ph)

AKO email:

Secondary email: (AOL, Yahoo, etc)

IF you want to send I attached my certificate.
Thanks.

Ashden

Ashden Fein
CPT, JA

Defense_U ncIass_EmaiI_0528

02216913
30226

From: Tooman. Joshua CPT MIL Us USA TRADOC
Sent: Thutsday, May 19, 2011 11:57 AM

To: Fain, Ashden CPT USA SJA

Subject: RE: Discovery Request Nan'ous Issues (UNCLASSIFIED)

Sioned By:

Classification: UNCLASSIFIED
Caveats: FOU0

Ashden

Here is the requested info:
Joshua James Tooman

27A, CPT

work:
Cell

AKO:
Alt:



Thanks,
Josh

Defense_Unclass_EmaiI_0529



02887778
30227

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, May 22, 2011 8:49 PM

To:

Cc: Morrow JoDean, CPT USA SJA

Subject: Test-Not

Attachments: This is a test.pdf

David,

This email serves as a test. The attached document should open, but only i'F you use your
CAC card when opening the PDF. Please let me know whether you can get this to work.

Following this email, I am going to send the same, but actually the email as well.

Have a good night.

v/r

Ashden

Ashden Fein

CPT, JA

Defense_Unclass_EmaiI_0530

02887781

Filename:

From:

Sent:
Subject:

Size:

Defense_U nclass_EmaiI_O531

30228



Fein, Ashden CPT USA
53A



Sunday, May 22, 2011 8:50 PM


210KB (214,016 bytes)

02215289
30229

From:

Sent: Sunday, May 22, 2011 9:01 PM

To: Fein, Ashden CPT USA SJA
Subject: [Suspected RE: Test-Not

Ashden,

?me of the PDF document worked ?ne. I could only open the PDF document by using my CAC card
and PIN. However, the second message, the email, did not open. when I clicked on the message, I
could see a single attachment, but could not open it. when I clicked on this attachment it did not ask for my
CAC PIN. Instead, it simply asked which program would I like to use in order to open the attachment. In the
end, it simply came out as a bunch of random characters.

Best,
David

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

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282





Notice: This transmission, including attachments, may contain con?dential 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_Unc|ass_Emai|_0532

02911573
30230

From: Fein, Ashden CPT USA SJA
sent: Sunday. May 22, 2011 10:02 PM

To:
Subject: RE: [Suspected RE: Test-Nol
David,

Thank you. I am going to send this email to you again, without an attachment
but still It will put in the subject line Please
let me know if you can open that email.

v/
Ashden

Ashden Fein
CPT, JA

Defense_Unclass_Emai|__0533

02902760

30231

From:
Sent:
To:
Subject:

Test

Ashden Fein
CPT, JA

Defense_U ncIass_EmaiI_0534

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sunday. May 22, 2011 10:02 PM

Emuym?d2



From:

Sent: Sunday, May 22, 2011 1 1:29 PM

To: Fein, Ashden CPT USA
Subject: RE: 2

Ashden,

Same thing as before. when I open the email it shows an attachment, but it does not prompt cannot open it.

Best,
David

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

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282
mn?ma&om


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_0535

02885075 Previously Submitted in Encl 78
Previously S%g'ted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, May 23, 2011 7:55 AM

To: 'Coffman, Carl COL

Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM
'Haberland,John CPT Overgaard, Angel M. CPT USA
Ford, Arthur D. W01 USA SJA

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

Attachments: 11-May-22-Govemment Request to Delay Article 32 (ManningB).pdf

Sir,

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

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_0536

Please see

02217313 Previously Submitted in Encl 78
Previously in Encl 1

From: COFFMAN. CARL COL MIL USA IMCOM

Sent: Tuesday, May 24, 20] I 4:57 PM
To: Fein, Ashden CPT USA
Cc: Matthew kemkes










Morrow Ill, .loDean, CPT USA
Bouchard, faul CPT USCENTCOM

US - - .
Haber|and,John CPT MIL USA ngel M.
CPT USA Ford.
Arthur D. USA IFHQ-NC

SubjectDelay Request) (UNCLASSIFIED)

UNCLASSIFIED

Mr. Coombs.

Please provide me any you may have by C08 25 May 20] I.
COL Coffmam Cari

Defense_UncIass_EmaiI_O537

Previously Submitted in Encl 78
Previously in Encl 1



From:

Sent: Tuesday, May 24, 20] I 8:46 PM

To: COL MIL USA IMCOM

Cc: Matthew kemkes Morrow Ill, JoDean. CPT USA








SJA Bouchard, Paul CPT

USCENTCOM USF-I
Haberiand,John CPT MIL USA

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

Fein, Ashden CPT USA IF HQ-
Joshua Tooman



A

Subject: [Suspected RE: us v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)

Sir,

The defense maintains it position as stated in the 26 April 2011 memorandum. Given the limited
discovery provided so far, it is likely that the Article 32 will need to be delayed in order to provide the
defense with the ability to adequately prepare. The defense requests that any additional delay be credited
to the oovemment.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

or?ce: 1-800-588-4156

Fax: (508)689-9282

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_Unc|ass_Emai|_0538



0221 5285

Previously in End 1

Paul Bouchardj

Sent: Wednesday, May 25, 2011 11:18 PM
To: Fein, Ashden CPT
USA SJ A
Subject: Re: Computer Forensics, US v. Manning
Ashden:

Four issues vis-a-vis computer forensics, US v. Manning.
1. The Defense will need a forensic image of ALL of the media involved;
2. The Defense will need a copy of all of the Government's digital forensic reports;

3. The Defense respect?illy requests copies of the CVS of the Government experts that have handled and/or
worked on any digital evidence (or potential digital evidence) in this case FROM THE

4. Finally, will the Government allow the Defense's computer forensic expert to analyze the digital media IN
HIS LAB or will he have to travel to the DC area or wherever he can view the materials?

Please acknowledge receipt of this e-mail. Best way to reach me is via e-mail at this address,

My cell phone number is? You can call me anytime.
Thanks,

Paul

Defense_Unclass_Emai|_0539

02905685
Previously Sgg?giited in Encl 1


From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
sent: Thursday, May 26. 2011 6:21 PM
To: Paul Bouchand;
cc: ?Morrow m. JoDean, CPT USA JFHQ-NCRIMDW SJA:

Overgaard. Angel M. CPT USA Ford, Arthur 0. W01 USA JFHQ-
NCRIMDW SJA: Matthew kemkes

Subject: RE: Computer Forensics. US v. Manning

Paul,
Thank you for the email. Answers are below:

1. The Defense will need a forensic image of ALL of the media involved;
Response: This is already being worked. The United States purchased a 818
RAID and provided it to CID. CID is working on creating forensic duplicates
of the data.

2. The Defense will need a copy of all of the Government's digital forensic
reports;

Response: Acknowledged. That has been our intent from the beginning. we
are still working to obtain the appropriate approvals from the relevant OCAs
based on the volume of classified information contained in the reports and
on the drives.

3. The Defense respectfully requests copies of the CVs of the Government
experts that have handled and/or worked on any digital evidence (or
potential digital evidence) in this case FROM THE

Response: we will begin gathering that information and will provide in the
future.

4. Finally, will the Government allow the Defense's computer forensic expert
to analyze the digital media IN HIS LAB or will he have to travel to the DC
area or wherever he can view the materials?

Response: Nothing has been finalized, but the most likely COA is to have the
defense expert travel to DC (Fort Belvoir) to view the material in a secure
facility. we are still working on the logistics and planning in order to
make this the most efficient and secure process for the defense.

At this point for security purposes, we will not send out any documents to
?yahoo? or any other civilian (non-USG) email addresses, except David's
email. we can email you at AKO, if you would like. Please let me know and
thank you for the update!

Ashden

Ashden Fein
CPT, JA

Defense_Undass__EmaiI_0540

Previously Submitted in End 79
Previously Sgg?ggted in End 1



From:

To:
Cc:

Subject:
Attachments:
LTC Alnanza,

Good evening .


Fein, Ashden CPT USA SJA

Thutsday. May 28. 2011 6:26 PM

Almanza, Paul

Matthew kemkes; Morrow Jooean. CPT USA
SJA: ?ouchaid, Paul CPT USCENTCOM USF-I

Haber1and.John CPT MIL USA: Ovemaam. Anoel M.
CPT USA JFHQ-NCRIMDW Fotd. Arthur 0. W01 USA JFHQ-NCRIMDW Joshua
Tooman

US v. PFC BM Anicle 32 Delay Request

Delay of Article 32 Investigation (ManningB).pdf

Please find attached an Article 32 delay approval signed by the
In an effort to assess the prosecution, defense, and Article 32

investigation IO's information security capability, are you able to sign and
emails on your D03 computer or using your D00 CAC card?

Thank you.

v/r
CPT Fein

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_0541

02217124

From:

Sent:
To:

Cc:

Subject:

30239

encnuesj

Friday, May 27, 2011 4:50 AM

Fein, Ashden CPT USA SJA
Paul Bouchard coombs@annycourtmarna| ense.com

Morrow JoDean, CPT USA JFI SJA

Overgaard, Angel M. CPT USA JFHQ-

Ford, Arthur D. W01

Matthew kemkes









SJA
USA SJA




RE: Computer Forensics, US v. Manning

My email as David's is a private mail server that is in my control and located on-site in my facility.

Eric Lakes

Digital Forensic Examiner

Ceni?ed Computer Examiner (CCE)
Certi?ed Homeland Security - Ill
MCSE, MCP. Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive

Lexington, KY 40503



cell -
land -

Defense_Unclass_Email_0542

Previously Submitted in Encl 79
30240

02219-490

From: Armanuvauun

Scnt? Friday, May 27, 201 1 8:56 AM

To: Fein. Ashden CPT USA SJA





Cc: Matthew kemkes
Morrow 111, JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM
Overgaard, Angel M. PT USA
Ford, Arthur D. WOI USA JFHQ-
Joshua Tooman
Subject: RE: US v. PFC BM Article 32 Delay Request
Thank you CPT Fein

I have classi?ed DOJ cmail (both at the Secret am TS-SC I levels). but cannot sign or anything on my system
using my DOD CAC catd.

LTC Almanza

Defense_Unclass_Emai|_0543

0221 5283

From:
Sent:
To:

Cc:

Subject:

30241

Paul Boucnardj

Fn'day, May 27, 2011 7:36 PM

Fein, Ashden CPT USA SJA


Morrow .|oDean, CPT USA A

. Overgaard, Angel M. CPT USA

Ford, Arthur D. W01

Matthew kemkes





USA SJA




Re: Computer Forensics, US v. Manning

Thanks Ashden. I'll keep posted. I should be at Meade around 14-21 June.

VIR
1 Paul

Defense_UncIass_EmaiI_0544

02884707 Previously Submitted in End 79
30242

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday. May 30. 2011 11:38 AM

To: Almanza, Paul

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

JFHQ-NCRIMDW Bouchand, Paul CPT uscemcou USF-I
Haber1and.John MIL overgaara, Anne! M.
CPT USA SJA: Ford, Anhur 0. Wm USA Joshua
Tooman

subject: RE: us v. PFC BM Anicle 32 Delay Request

Sir,
Thank you. There is currently and no projected need For or

level email capability. we are analyzing our capability to
LNCLASSIFIED emails to protect against any possible "hacker" threat.

v/r
. CPT Fein

Ashden Fein
CPT, JA



Previously Submitted in End 79

02219488
30243

From: mmam. Paul

Sent: Tuesday, May 31, 2011 9:11 AM

To: Fein, Ashden CPT USA SJA









Cc: Matthew kemkes
Morrow ll], JoDean, CPT USA
Bouchard, Paul CPT USCENTCOM
Haberland,John
Overgaard, Angel M. CPT USA
Ford. Arthur D. W01 USA JFHQ-
Joshua Tooman
Subject: RE: US v. PFC BM Article 32 Delay Request
CPT Fcin -

OK. I'll look into getting the ability to unclassi?ed emails using a DOD laptop that Ins a CAC card reader.

LT7CAlmanm

Defense_Unclass_Email_O546



02884713 Previously Submitted in Encl 79
30244

From: Fein, Ashden CPT USA SJA

sent: Tuesday. Mav 31. 2011 9:19 AM

To:

Cc: armycounmamaIdefense.com'; Matthew kemkes; Morrow JoDean, CPT USA
JFHQ-NCRIMDW Bouchard. Paul CPT USCENTCOM USF-I USCENTCOM-TDSIFICL
JA-T80: Ovemaard. Angel M.
CPT USA - om. Arthur .

Subjoct: US v. PFC Atticle Delay Request

Sir. IF you need help setting this up please let us know.

Vr CPT Fein

Ashden Fein
CPT, JA

Defense__Unc|ass_Email_0547

02899395
Previously Sgg?gted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, June 08, 2011 11:23 AM

To:

Cc: Matthew kemkes; Ford, Arthur D. W01 USA SJA
Subject: Legal Administrator

Dave,

Have you had enough time to make a decision whether you would like a legal administrator
detailed to your team? we are at the point where we need to make a decision so orders can be
cut. If you choose to have the legal administrator, our plan is to house him/her at Meade.

Thanks.

Ashden

Ashden Fein

CPT, JA

Tracking:

Defense_Unc|ass_Emai|__O548

02215282
Previously S?gz?gted in Encl 1

From:

Sent: Wednesday. Jme 8. 201 I I 1:34 AM

To: Fein. Ashden CPT USA SJA
Cc: Matthew kemkes Font Arthur D. W01 USA JFHQ-

31A Paul Bouchard
Joshua Toomm

Subject: [Suspected RE: Legal Administrator

Ashden,

I think I will have a better idea on this issue once we receive the classified discovery. Do you have an update on
when you anticipate being able to release this information?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

_co rm ialdefe e.c


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|_0549



02884630

30247

From: Fein, Ashden CPT USA SJA
Sent: Thursday, June 09, 2011 10:09 PM
To:
Cc: Matthew kemkes; Monow Ill. JoDean. CPT USA SJA:
Overgaavd, Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA
Subject: US v. PFC BM Update
Attachments: Unclassi?ed Discovevy (012925-012933) (low res) (ManningB).pdf
Importance: High
David,

Good evening. Attached is a copy of the Art 138 complaint response served on your client
this week on behalf of the USMC. Below is an update of on-going issues and questions:

1. The company commander should have dropped off the uniforms this week during his visit.
Please let us know if there are any other issues with the uniforms.

2. The pay issue is almost resolved. The command is working with 2/19 MTN to have PFC
DTS account moved over and then the pay will be able to be adjusted.

3. CPT Tooman. From our last conversation, I am still unclear whether CPT Tooman is a member
of the defense team for both privilege and clearance purposes. Please provide clarification
so that we can ensure he has the proper clearance as we move forward.

4. Legal Administrator. Unfortunately, we need to provide the JAGC an answer on whether you
would like a legal administrator detailed to the defense team for this case. I know you are
wanting to wait on the discovery being delivered; however a decision needs to be made in the
next few days because of the summer PCS season. Please let me know so the proper
arrangements can be made.

5. Unclassified Case File. we have been working to receive the proper authority to produce
the unclassified case file to you and the defense based on many different authorities. The
final national security equity search and security review is being conducted and we expect it
to be complete in the next two weeks. Once they are complete, we will be providing this
information to you and your team. we will be presenting you and all defense team members
multiple protective orders for the unclassified information, which we will need to distribute
and receive acknowledgment back prior to production. I expect to have these protective
orders out next week.

6. Classified Case File. we have been working to receive the proper authority to produce the
classified case file and the raw forensic information to your expert. we require seven OCAs
consent and have obtained five of seven. we expect the last two to provide their consent in
the next three weeks. Once we receive the consent, we will be ready to produce the
information and make it available immediately available in the National Capital Region.

Defense__Unclass_Email_055O

02884630
30248

7. Classified Information at Fort Leavenworth. You made a previous request to have a safe
and office to discuss classified information available at Fort Leavenworth. we are still
working this requirement.

8. Meeting Location at Fort Leavenworth. we are working with the command and the JRCF on
your request to meet with PFC BM at the TDS office vice the JRCF on 22-24 June 2011. Do you
anticipate the need to discuss classified information during this meeting?

9. Discovery. We are diligently working on searching for and receiving, if applicable, the

authorizations to produce any and all unclassified and classified discovery- not just what
you have requested but other information that might be pertinent.

If you have any questions, please let me know.
Thank you.
v/r

Ashden

Ashden Fein

CPT, JA

Defense_Unc|ass_EmaiI_0550





02981110
30249


From: Fein, Ashden CPT USA SJA

Sent: Thursday, June 09, 2011 10:09 PM

To:

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

Overgaard, Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-
PKDRAMEMAISJA

Subject: US v. PFC BM Update

Attachments: Unclassi?ed Discovery (012925-012933) (low res) (ManningB).pdf

Importance: High

David,

Good evening. Attached is a copy of the Art 138 complaint response served on your client
this week on behalf of the USMC. Below is an update of on?going issues and questions:

1. The company commander should have dropped off the uniforms this week during his visit.
Please let us know if there are any other issues with the uniforms.

2. The pay issue is almost resolved. The command is working with 2/10 MTN to have PFC
DTS account moved over and then the pay will be able to be adjusted.

3. CPT Tooman. From our last conversation, I am still unclear whether CPT Tooman is a member
of the defense team for both privilege and clearance purposes. Please provide clarification
so that we can ensure he has the proper clearance as we move forward.

4. Legal Administrator. Unfortunately, we need to provide the JAGC an answer on whether you
would like a legal administrator detailed to the defense team for this case. I know you are
wanting to wait on the discovery being delivered; however a decision needs to be made in the
next few days because of the summer PCS season. Please let me know so the proper
arrangements can be made.

5. Unclassified Case File. we have been working to receive the proper authority to produce
the unclassified case file to you and the defense based on many different authorities. The
final national security equity search and security review is being conducted and we expect it
to be complete in the next two weeks. Once they are complete, we will be providing this
information to you and your team. we will be presenting you and all defense team members
multiple protective orders for the unclassified information, which we will need to distribute
and receive acknowledgment back prior to production. I expect to have these protective
orders out next week.

6. Classified Case File. we have been working to receive the proper authority to produce the
classified case file and the raw forensic information to your expert. we require seven 0CAs
consent and have obtained five of seven. we expect the last two to provide their consent in
the next three weeks. Once we receive the consent, we will be ready to produce the
information and make it available immediately available in the National Capital Region.

Defense_Unclass_EmaiI_0551



02981110

30250

7. Classified Information at Fort Leavenworth. You made a previous request to have a safe
and office to discuss classified information available at Fort Leavenworth. we are still
working this requirement.

8. Meeting Location at Fort Leavenworth. we are working with the command and the JRCF on
your request to meet with PFC BM at the TDS office vice the JRCF on 22?24 June 2611. Do you
anticipate the need to discuss classified information during this meeting?

9. Discovery. we are diligently working on searching for and receiving, if applicable, the

authorizations to produce any and all unclassified and classified discovery? not just what
you have requested but other information that might be pertinent.

If you have any questions, please let me know.

Thank you.

v/r

Ashden

Ashden Fein

CPT, JA

Defense_Unc|ass_Emai|__0551

02217304
30251

From: Casamatta, Joseph CPT MIL USA

Sent: Friday, June 10,2011 8:38 AM

To: Fein, Ashden CPT USA
Haberland, John CPT MIL USA

Cc: Matthew kemkes?>; Leiker, Cameron A LTC MIL USA


Subject: FW: Scanned document from Room 221 (UNCLASSIFIED)

Attach: l0609_l92154.pdf

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Gentlemen,

Attached you should ?nd the checklist for the meeting I had with PF

Manning yesterday.
I would say he is in generally good spirits, and he is being treated the
same as every other Soldier in his siniation.

In addition to the command visit. I dropped off two complete sets of
the third page of the scan is a 2062 detailing everything that
was signed for.

If you have any questions, please let me know

Joe

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_EmaiI_O552



02215279




Previously S?i(b?g??ted in Encl 1
From:
Sent: Friday, June 10, 2011 10:10 AM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Morrow oDean, CPT USA



SJA
vergaar nge . USA SJA

;Ford, A11hurD. W01 USA JFHQ-

Joshua Tooman






Subject: v. PFC BM Update

Ashden,
Thank you for providing the defense with an update. Here are my responses to your questions:

1. I will speak with PFC BM and let you know if there are any issues with his uniforms.

2. Please let me know once the pay issue has been resolved.

3. I don't believe that there is a difference between a member of the defense team for privilege purposes
as opposed to a member of the defense team for clearance purposes. CPT Tooman is assigned to the
defense team to assist the defense and is ful?lling that role.

4. Legal Administrator. I don't want to make this decision without knowing if a legal administrator will be
needed. The defense will wait until after it receives the discovery to make this determination. If it is too
late for the JAGC to provide someone, then perhaps someone could be to provide the needed
support?

5. when you provide the information, please provide a disc copy to me and to MAJ Kemkes. This way, it
will avoid having a timelag between when the defense team has access to the information. MAJ Kemkes
will ensure that a copy is given to CPT Bouchard.

6. As with the unclassi?ed case ?le, please provide disc copies to me and to MAJ Kemkes. Also, our
computer expert will need to have the travel/funding piece worked out in advance so that he can
immediately begin his work.

7. As with Fort Myer, I want the safe to be in the TDS office. CPT Tooman's of?ce is just as secure and
la rger than MAJ Kemkes? of?ce. The safe should be delivered to CPT Tooman's of?ce. If needed, this
office and the attached suite can be used for defense team meetings.

8. Thank you. This should not be a problem. As with my visits when PFC BM was at Quantico, this
should be treated as a standard PTC detainee being taken to the TDS of?ces to prepare for trial. PFC BM
and I will be preparing for the Article 32. I understand your question, but will respond by simply stating
that our discussions cannot take place at the JRCF. See United States v. Schmidt, 60 M.J. 1, 2 (C.A.A.F.
2004); see also United States v, King, 200 CAAF LEXIS 472 (C.A.A.F. May 8, 200) (?nding that the
convening authority's appointment of an Investigative Security Of?cer to monitor conversations between
defense counsel and the accused was not proper).

9. Thank you. It would help if the government would speci?cally detail what actions it has taken to
obtain investigations conducted by Do], Dos, and other intelligence agencies.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

rm ma i


Defense_Unclass_Email_0553

0221 5279
Previously S?gafggied 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_Emaii_0553

02892940

Filenamez

From:

Sent:
Subject:

Size:

Defense_Unclass_Email__0554

30254

Pocket dial.msg

Fein, Ashden CPT USA
SJA



Saturday, June 11, 2011 11:01 PM
Pocket dial

15KB (14,848 bytes)



0221 5278

30255

From:

Sent: Saturday, June 11, 201 I 11:03 PM

To: Fein, Ashden CPT USA
Subject: Re: Pocket dial

Well. it must have been because I was thinking about you my friend.

Defense_Unclass_Email_O555



02892939

Filename:

From:

Sent:
Subject:

Size:

Defense_Unclass__Email_0556

30256

Re: Pocket dia|.msg

Fein, Ashden CPT USA
SJA



Saturday, June 11, 2011 11:04 PM
Re: Pocket dial

18KB (17,408 bytes)

0221 5277



30257








From:

Sent: Tuesday, June 14, 2011 9:36 AM

To: Fein, Ashden CPT USA IF SJ A
Cc: Matthew kemkes Morrow JoDeanFord, Arthur D. W01 USA IFHQ-

Subject: Leavenworth Visit

Ashden,

Do you know if arrangements have been made to bring PFC BM to the TDS of?ces next week?
Best,

David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282




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

Defense_Unclass_Email_0557



02899422

30258

From: Fein, Ashden CPT USA SJA
Sent: Tuesday. June 14, 2011 12:05 PM
To:
cc: Matthew kernkes; Monow JoDean, CPT USA SJA:
I:
Overuaatd, Angel M. CPT USA SJA: Ford. Arthur D. W01 USA JFHQ-

Subject: RE: Leavenworth W551

David,

we are still working this issue with the counand, JRCF, LVN-CAC, and the Army
62. There are many factors being considered, such as your request, PFC BM's
security, and information security with potentially classified conversations
and material. we will have a plan by the end of the week. Please keep your
flight arrangements and we will accommodate. Thank you.

Ashden

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_0558

02215275
30259

From:
Sent: Thursday. June 16. 2011 ll:57 AM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Morrow Ill, oDean, CPT USA
SJA








. USA SJA
ford, Arthur D. W01 USA JFHQ-



Subject: [Suspected SPAM RE: Leavenwon Visit

Ashden,

I appreciate that the defense request will require some logistical planning. However, I don't think this
should be any different than his movement from Quantico to Fort Myer. If anything, it should be an easier
hurdle given the fact everything will take place on Fort Leavenworth. Can you provide me with any more
details on how you are working the issue and the nature of any sticking points? Thanks.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attorney-
client infomwation 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_0559



Previously Sygiggted in Encl 1

From: Fein. Ashden CPT USA SJA
Sent: Thursday. June 16, 2011 1:51 PM
To:
Cc: Matthew kemkes; Morrow Ill, Jooean, CPT USA

Overuaard. Angel Subject: RE: [Suspected RE: Leavenworth Visit
David,

I agree with you, but for a few issues. First and foremost, the convening
authority authorized classified discussions to occur at Fort Myer and for
classified information to be stored at Fort Myer with the concurrence of the
Army G2. Quantico Brig was not equipped to allow defense counsel to have
classified discussions with their clients or have classified documents in
their facility, which is why his movement to Fort Myer was supported.

we are working these similar issues at Similar to when PFC BM was
confined at Quantico, we are working to determine if the facility can meet the
requirements and whether there is an operational need to have PFC BM moved out
of the facility to meet with you and the defense team. In addition to these
requirements, there are security concerns with moving PFC BM outside of the
facility when the facility is possibly fully equipped to meet all other
requirements.

Ashden

Ashden Fein
CPT, JA

Defense_Unc|ass_Emai|_O560

02215271
Previously in Encl 1

From:
Sent: Thursday. June 16, 2011 2:1] PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes
SJA







SJA
Ford, Anhur D. WOI USA

Subject: RE: [Suspected RE: Leavenworth Visit

Ashden,

I don't think whether a particular con?nement facility can support classi?ed discussions or not should be a
factor. It is widely accepted that part of adequately preparing for trial in our system involves clients being
removed from pretrial con?nement to meet with their defense counsel. The JRCF, like all con?nement
facilities, is not conducive for pretrial preparation.

I will have a signi?cant amount of documentation with me. This documentation will be difficult to
transport into the facility on a daily basis. Additionally, I do not wish to have this documentation being
subject to inspection. with regards to the attomey-client meeting room, it is not sound proof (I
can make out conversations in other offices), has a window which allows meetings to be monitored
(guards do sit and watch our meeting - and undoubtedly can also hear what is being said), and does not

have intemet access or the capability of printing documents.

Best,

David

David E. Coombs, Esq.

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

Of?ce: 1-800-588-4156

Fax: (508) 689-9282




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

Defense_Unc|ass_EmaiI_O561

02884624

30262
From: Fain, Ashden CPT USA SJA
sent: Sunday. June 19. 2011 6:24 PM
To:
Cc: Matthew kemkes' Morrow JoDean, CPT USA

Ovemaan1,AnoeI M. CPT USA SJA: ocd. Arthur D. 01 USA HQ-
NCRAUDVVSUA
Subject: US v. PFC BM Update
David,

we are still working to iron out the locations of your next round of meetings
and Future meetings. I hope to have an answer and plan by C08 tomorrow
(Monday).

On Friday, we received the authority to disclose additional unclassified
information to you and the defense. Our priority this week is to finalize
these documents and any collateral requirements to get these to you as soon as
possible.

Additionally, approximately one week ago, CID found an additional classified
document on your clients computers and we are working to determine what effect
that has on our authorities to produce the classified evidence reports. we
should have an answer by the end of the week, along with an update on the
original approvals.

Thank you.

V/r
Ashden

Ashden Fein
CPT, JA

Defense_Unclass__EmaiI_0562

02216912
30263

From: Tooman, Joshua CPT MIL US USA TRADOC

Sent: Sunday, June 19, 2011 9:32 PM
To: Fein, Ashden CPT USA SJ A
Subject: Out of Of?ce AutoRep1y: US v. PFC BM Update

I am cumemly TDY at Fort Leonard Wood, MO and have limited email access. I will return Monday, June 27th. If you need
assistance please call Thank you.

Defense_Unclass_EmaiI_0563

0221 5267
30264

From:
Sent: Monday, June 20. 2011 12:18 AM
To: Fein, Ashden CPT USA SJA
Subject: Re: US v. PFC BM Update
Thank you for the update.
Best.
David

Sent from my Verizon Wireless Black?eny

Defense_Unclass_Email_O564



02198881

30265

From: Ford, Arthur D. W01 USA SJ A

Sent: Monday, June 20, 2011 8:12 AM

To:
Cc: !e1n,Ashden cm USA sm

Subject: Clearance (UNCLASSIFHED)
Classi?cation: UNCLASSIFIED
Caveats: FOUO
Sir,
Can you please send me you SSN so I can your clearance started? Thanks.

R,

W01 Arthur Ford
Legal Administrator
OSJA, USAMDW



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Email_0565



02899417

30266

Fnmn:

To:
Cc:

Subject:

David,

Fein, Ashden CPT USA SJA

Monday, June 20, 2011 12:15 PM


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

Overoaand, Angel M. CPT USA JFHQ-NC
SJA
Leavenworth Visit

om, Arthur .

Is CPT Tooman or another Military DC going to be present with you this week
during your visit? we are working on the location of your visit and ensuring

there is internet and printing capability.

v/r
Ashden

Ashden Fein
CPT, JA

Defense_UncIass_EmaiI_0566

Thank you.

0221 5263

30267














From:

Sent: Monday, June 20, 20]] 12:46 PM

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

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

Subject: Re: Leavenwonh Visit

Ashden

lwill be using CPT Tooman?s omcc. Don't worry about the other logistical support. I know the RDC. need anything. I will go
through him.

Best.

David

Sent from my Verizon Wireless BIackBen)'

Defense_UncIass_Emai|_O567

02899410
Previously in Encl 1

From: Fein, Ashden CPT USA SJA
Sent: Monday. June 20. 2011 6:20 PM
To: coonuxngannycounnuu?ame?nnuxxn
cc: Matthew kemkes; Morrow JoDean, CPT USA
I:
eugaa . nae . - . ur . -
SJA
Subject: RE: Leavenworth Visit
David,

we understand your preference to meet with your client at the TDS office; however your
discussions will likely occur at the JRCF. we reviewed all your concerns about the JRCF and
worked with the JRCF to fix the issues. we are still finalizing one issue with the computer
and printer access, which should be resolved tomorrow. The JRCF did confirm that the
personnel in the legal office can hear through the wall, so that issue should be resolved.
The conmand?s ultimate concern is your client?s safety and security of classified
information. Please see below for the details.

1. The attorney client room has been certified to hold classified discussions up to the
level, with modifications to the area that are occurring this week.

2. No persons except for one 31E confinee escort will be present in the CJA office during
visits between Counsel and the accused. The escort will remain on the far side of the CJA
office where he will be able to observe the accused through the window but will not be able
to hear any comunications between the accused and counsel.

3. The JRCF will provide printer and internet capabilities for counsel during meetings in
the JRCF.

4. You may secure unclassified materials in the meeting room in the CJA office overnight
so that you will not have the facility.

5. The CM will meet you at the front of the security checkpoint and your material will be
kept confidential during the inspection.

Once we receive final confirmation from the JRCF about the internet and printing issue, then
we will go to the convening authority to request an additional location authorized for the
discussion and review of classified information.

v/
Ashden

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_0568


02215256
Previously in Encl 1

From:
Sent: Monday, June 20, 2011 9:09 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Morrow JoDeanFord, Arthur D. W01 USA JFHQ-

Subject: [Suspected RE: Leavenworth Visit

Ashden,

As I mentioned on the phone, conducting pretrial preparation at the JRCF is unacceptable. Any
requirement to do so impedes the effective defense of PFC BM and raises multiple ethical issues. I intend
to come to Fort Leavenworth on the 22nd to meet with PFC BM at the TDS of?ces from the 22nd through
the 24th. I request that the necessary arrangements be made to accommodate this request.

During our conversation, you told me that I should have coordinated my movement request of PFC BM
through you and not the JRCF. This request is in direct contradiction to the instruction that I received
from the JRCF Commander, LTC Dawn Hilton. I met with LTC Hilton and her staff on 25 March 2011. At
that time, I informed her that, on occasion, it will be necessary to meet with PFC BM at the TDS offices at
Fort Leavenworth. I asked her how such a request should be routed. She informed me that her staff
handles the movement of detainees all the time. She told me that such a request should be routed
through the CJA at the JRCF and also her. She assured me that such a request would not be a problem as
long as she received at least two weeks notice. At that time, she did request that I conduct my meetings
at the JRCF unless it was necessary to meet in the TDS of?ces. I informed her that I would only ask for
him to be brought out the JRCF when it was necessary as part of his defense preparation. In April, I
visited PFC BM at the JRCF. Given the nature of our discussion, it was not necessary to request that he be
transported to the TDS offices. My meeting with him this week, however, does require him to be moved
to the TDS offices.

Also during our conversation, you told me that there were signi?cant security concerns surrounding my
request. In response, I informed you of what the RDC at Fort Leavenworth, LTC Doug Watkins, relayed
to me concerning the security requirements. You asked that I forward the content of that message to
you. Below, is the exact quote that I received from LTC Watkins:

Taylor (SJA) called today about this visit, relaying concerns from the JRCF Commandant. Bringing
Manning out requires one armed guard, two unarmed guards, and alert of the SRT during the time he is
out. They are offering the atty-client room in the JRCF for the 3 days you are here."

Please let me know if you need any additional information.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



Defense_Unclass_Email_0569

02215256
Previously in Enci 1

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 deiete all copies. Unauthorized disclosure, copying or use of this
information may be unlawful and is

Defense_Unclass_EmaiI_0569



02911610

Previously Sy5>?r7i1ted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, June 20, 2011 9:12 PM

To:

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

Overgaard. Angel M. CPT USA Fond, Arthur D. W01 USA JFHQ-
SJA

Subject: Re: [Suspected RE: Leavenworth Visit

Thank you. As we discussed on the phone, we are diligently working this request with the
jrcf.

Ashden Fein
CPT, JA

Defense_Unc|ass_Email_057O

02198835 Previously Submitted in Encl 79
30272

From: Ford, Arthur D. W01 USA SJA
Sent: Tuesday, June 21, 2011 10:35 AM







To: Hall Cassius Mr FMMC (FTMYER

Fein, Ashden CPT uslx
Feito, Beatriz SGT USA JFHQ- Morrow JoDean,
CPT USA Overgaard, Angel M. CPT USA
Whyte, Jeffrey H.CPT USA
Waybn'ght, Daniel W. SGT USA
SJA
Subject: Test Document (UNCLASSIFIED)
Attachments: Test

Classification: UNCLASSIFIED
Caveats: FOUO

Everyone,

Attached is an PDF file, that has been with your CAC certificates.
This is a test of the software. The intent is that you can open it with your CAC
card, but no one else can open the file and view the contents. This is the method we will
use for all discovery, so it is imperative that we fix any issues now.

Please send me an email today acknowledging your ability to open the attachment. If
you cannot open the attachment, please reply with the text of any error messages.

Thank you very much.


N01 Arthur Ford

Legal Administrator

OSJA, USANDN

Defense_Unclass_EmaiI_0571



02198835 Previously Submitted in Encl 79
30273

Classification: UNCLASSIFIED
Caveats: FOU0

Defense_UncIass_Emai|_0571

02900425
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday, June 21, 2011 11:28 AM

To:
Subject: Issue

Still working issue. by end 01? day.

Ashden Fein
CPT, JA

Defense_Unc|ass_EmaiI_0572

30275




From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday, June 21, 2011 6:32 PM
To:
Suhnmt RE:k?ue

Absolutely. I will call in the next 26.

Ashden Fein
CPT, JA

Defense_Unc|ass_Email_O573

0221 5255
30276

From:
Sent: Tuesday, June 201 I 6:31 PM

To: Fein, Ashden USA sm

Subject: RE: Issue

Ashden,
Any update?

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street. #317
Providence. RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282

mm

Notice: This hansmission, 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_0574



0221 5253

30277

From:

Sent: Tuesday, June 21, 20] I 6:35 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: Issue

1900 will work for me.

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unclass_Emai|_0575

02900423



30278

0

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, June 21. 2011 7:02 PM

To:
Subject: Re: Issue

David. I tried calling the office. what num do you want me to call?

Ashden Fein
CPT, JA

Defense_U



02215252
Previously Sgtb?yigted in End 1

From:
Sent: Wednesday, June 22, 2011 1:29 PM

To: Fein, Ashden CPT USA SJA

Morrow JoDean, CPT USA A




Cc: Matthew kemkes Paul Bouchard

;Jos ua Tooman l>
Subject: Potential Issue
Ashden,

I just wanted to alert you to a potential issue. According to the civilian here at TDS, the escorts from the
JRCF came in this morning to look at the office. They instructed him that the of?ce door would be
required to be open and that a guard would be required to have eyes on PFC BM at all times. This must
be a BM-only requirement since it is nowhere in AR 190-5. Obviously, this is not going to work.

The of?ce that I am meeting PFC BM is on the 2nd Floor. There is no exit other that through the common
area where the guards can sit. I am not worried about PFC BM doing anything or attempting to escape.

I wanted to alert you to this issue so that you could perhaps resolve it before it becomes an issue.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attorney-
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|_0577

02892821

Filenamez

From:

Sent:
Subject:

Size:

Defense_Unclass_EmaiI_O578

30280

RE: Potential Issue.msg

Fein, Ashden CPT USA JFH
SJA

Wednesday, June 22, 2011 1:33 PM



RE: Potential Issue

58KB (58,880 bytes)

02886312
Previously in End 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, June 22, 2011 6:14 PM

To:

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

vergaar nge . - ur . -
SJA
Subject: Update
Attachments: Purcell BIO DUTY Protective Order for LES

Information (ManningB).pdf; Protective Order for SecArmy 15-6
(ManningB).pdf; 22Jun11 Protective 11-Jun-17-Excludable Delay Memorandum
(ManningB).pdf; 11-Jun-22-Approved Facility and Storage for Classi?ed Information
(ManningB).pdf

David,

Good afternoon. I assume by not hearing back from you today, there were no
further issues with you meeting with your client. Please let us know if there
are any issues.

1. As you may already know, we worked to obtain a paralegal to push over to
TDS for primary support of this case and your team. SSG Purcell surprisingly
arrived today. She comes highly recommended by multiple OSJAS and seems
incredibly bright and highly motivated. She also has an impressive resume -
attached. we are working on her final mobilization orders and she is here on
her two?week AT. Once MAJ Kemkes lets me know which office she will work out
of, we will push her to TDS. She can assist MAJ Kemkes and his team until you
need her services for this case.

2. Attached is an excludable delay accounting memorandum from the convening
authority.

3. Attached are two protective orders for unclassified discovery. The first
is for the Secretary of the Army 15-6 into the wikileaks disclosure. The
second is for law enforcement sensitive information and other sensitive
information. Please review and have your team members sign the
acknowledgments. Note, the law enforcement sensitive protective order
requires all members to sign a standard acknowledgment and also a copy of the
actual federal protective orders provided as enclosures. As of this email,
each member of the team should be sending in 7 total signed documents? 2
acknowledgments and 5 Disclosure and Protective Orders. Once we receive the
SecArmy 15-6 acknowledgments and everyone validates that their CAC
certificates work on the PDF, we will send out the SecArmy 15-6 and all
related material. Once we receive the other acknowledgment, protective
orders, and a federal intelligence agency completes their classification
review, we will send out the CID unclassified case file.

4. Attached is the amended classified material handling and use order.

5. we have not received the original signed classified protective order from
Ms. Smith.

6. CPT Casamatta should be obtaining the appropriate information from PFC BM
about his travel voucher issue to get final resolution.

1

Defense__Unciass_Email_0579



02886312
Previously in Enci 1

7. All uniforms should have been received two weeks ago. This includes: 2
ACU tops, 2 ACU bottoms, 1 patrol cap, 1 beret, 1 belt.

8. we have a contract to have movers place a dedicated safe in CPT Tooman's
office on 1 Jul. If you need to store notes during this trip, then there is a
dedicated drawer, with its own lock, for you to use, with a combination that
will be set when you arrive. If you wish to have access, please let us (John
Haberland) know, and we will ensure you have unfettered access.

Have a good night.

v/r
Ashden

Ashden Fein
CPT, JA

Tracking:

Defense_Unclass_Emai|_0579

02198672 Previously Submitted in Encl 79
30283

From: ma, Arthur D. won USA SJA

Sent: Thursday, June 23, 2011 8:12 AM



















To: Hall Cassius Mr FMMC (FTMYER)
Fein, Ashden CPT USA
. Feito, Beatriz SGT USA
JFHQ- SJ A Morrow JoDean,
CPT USA SJA
Overgaard, Angel M. CPT USA SJA
Wh te Jeffrey H.CPT USA JFHQ-
SJA
Waybright,
Daniel W. SGT USA SJA
Subject: Test Document (UNCLASSIFIED)
Attach: Test

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Everyone,

Attached is an PDF file, that has been with your CAC certificates.
This is a test of the software. The intent is that you can open it with your CAC
card, but no one else can open the file and view the contents, This is the method we will
use for all discovery, so it is imperative that we fix any issues now.

Please send me an email today acknowledging your ability to open the attachment. If
you cannot open the attachment, please reply with the text of any error messages.

Thank you very much.

WO1 Arthur Ford

Legal Administrator
OSJA, USAMDW

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Emai|_0580

02886310
30284

From: Fein, Ashden CPT USA SJA
Sent: Thursday, June 23, 2011 10:51 AM

To:
Subject: Update

David,

Good morning. The escort team is running a few minutes late, but should be there by 0930.
If possible, while representing PFC BM as a civilian, could you please not use your
title with the confinement and escort personnel. Your use of your Reserve Officer title
appears to confuse many Soldiers and we are trying to cut down the confusion. Also, the
escorts are under guidance that sodas and other non?DOD provided food and beverages should
not be provided to PFC BM so they can ensure the proper health and welfare of the Soldier is
maintained outside the facility. Could you please ensure that you are the only one drinking
sodas.

Thank you.

Ashden

Ashden Fein

CPT, JA

Tracking:

Defense_Unc|ass__Emai|_0581

02198658

30285

From:
Sent:
To:

Cc:

Subject:
Attachments:
S?gnedI3y:

Classification:

Caveats: FOUO

Everyone,

document, you may need to install my digital certificate.
right-clicking my name on this email and adding me to your contacts.

Ford, Arthur D. W01 USA SJA
Thursday, June 23, 2011 11:44 AM
Hall Cassius Mr FMMC






coorn armycou ma ia ense.com;

Fein, Ashden CPT USA JA

Digital Certificate (UNCLASSIFIED)

How to open an emaiI.docx; HOW TO CHECK LIST - CAC
I



UNCLASSIFIED

In order to allow you to open the email that contains the test
You can do this in outlook by
I will send a new

email with a new test document that you should be able to open after installing my

certificate.

the wrong certificate for you.

If, after opening the email, you still cannot open the attachment, I may have
In that case, please send me a signed, email, so

that I can update the certificates I use to the files.

that may help.

W01 Arthur Ford

If you cannot open the email, I have attached some instructions
Thank you very much for your patience while I iron out this process.

Legal Administrator

OSJA, USAMDW

Defense_Unclass_Emai|_0582

02198658

Classification: UNCLASSIFIED
Caveats: FOU0

Defense__U nclass_Email_0582

30286

02198655
30287

From: Ford, Arthur D. W01 USA SJA
sent: Thursday, June 23, 2011 11:49 AM
To: Hall Cassius Mr FMMC








Fein, Ashden CPT USA

Cc:
subject: Test Document 2 (UNCLASSIFIED)
Attachments: Test Document.pdf

Classification: UNCLASSIFIED
Caveats: FOUO

Everyone,

Attached is an PDF File, that has been with your CAC
certificates. This is a test of the software. The intent is that
you can open it with your CAC card, but no one else can open the File and view
the contents. This is the method we will use For all protected discovery, so
it is imperative that we Fix any issues now.

Please send me an email today acknowledging your ability to open the
attachment. IF you cannot open the attachment, please reply with the text 0F
any error messages.

Thank you very much.

N01 Arthur Ford

Legal Administrator

OSJA,

Classification: UNCLASSIFIED

Defense_Unclass_EmaiI_0583

02198655

Caveats: FOUO

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Emai|_0583

30288

02892140
30289

From: Fein, Ashden CPT USA SJA
Sent: Monday, June 27, 2011 7:12 AM

To: Matthew kemkes

Subject: Purcell

Sir-. Did you get a chance to chat with purcell about working For the defense? Thx.

Ashden Fein
CPT, JA

Defense_Unciass__Emai|_0584

02885077 Previously Submitted in End 78
Previously in End 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, June 27, 2011 6:17 PM

To: COL MIL USA IMCOM

Cc: Matthew kemkes; Morrow JoDean, CPT USA
Overgaand, Angel M.
CPT USA Ford. Arthur D. W01 USA Joshua
Tooman; Ford, Arthur D. W01 USA SJA

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

Attachments: 11-Jun-27-Govemment Request to Delay Article 32 (ManningB).pdf

Importance: High

Sir,

The United States requests an additional delay of the Article 32.
we apologize for not providing an update sooner, but we were hoping to have an

request.

Please see the attached

approval before the end of last week.

v/r
CPT Fein

Ashden Fein
CPT, JA

Ashden Fein
CPT, JA

Tracking:

Defense_Unclass_Email_O585

if

02215250 Previously Submitted in Encl 79
30291




From:

Sent: Tuesday, June 28, 20] I 4:59 PM

To: Ford, Arthur D. W01 USA SJA
Cc: Hall Cassius Mr FMMC (FTMYER)



Matthew kemkes

?Fein, Ashden CPT USA
eito, Beatriz SGT USA
Morrow Ill, JoDean,







JFHQ: SJA
CPT USA
Overgaard, Angel CPT USA

Whyte. Jetfrey H.CPT USA JFHQ-
Daniel

Subject: [Suspected RE: Test Document (UNCLASSIFIED)

Mr. Ford,

I was able to open you test document.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317

Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282


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_Unclass_Emai|_0586

02198496
30292

From: Fond, Arthur 0. W01 USA SJA

Sent: Tuesday, June 28. 2011 5:16 PM

To:

Cc: Fein, Ashden CPT USA SJA

subject: RE: [Suspected RE: Test Document (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

That's great. Thanks, Sir.

H01 Arthur Ford

Legal Administrator
OSJA, USAIDU

Defense_Unclass_Emai|_0587

02215249
30293

From:
Sent: Tuesday, June 28, 2011 6:20 PM
To: Ford Arthur D. W01 USA SJA



Cc: Fein, Ashden on USA siA?
Subject: RE: [Suspected RE: Test Document (UNCLASSIFIED)
Mr. Ford,

I received an email from you with no text and just your signature information as an attachment. Was I
supposed to be able to do something with this?


David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unclass_EmaiI_0588

02198485
30294

From: Ford. Arthur 0. Wm USA sm

Sent: Tuesday, June 28, 201 I 6:34 PM

To:

Cc: Fein, Ashden CPT USA A
Subject: RE: [Suspected RE: Test Document (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir.

It was just an acknowledgement of your prior emil regarding opening the test document. The text must lave been stripped
somehow. Sony abom that. Thaxics. Sir.



WOI Arthur Ford
Legal Administrator
OSJA USAMDW



Defense_Unc|ass_Emai|_0589














02217293 Previously Submitted in End 78
Previously Sgg?gigted in End 1
From: COFFMAN, CARL COL MIL USA IMCOM
Sent: Wednesday, June 29, 201 I 4:56 PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow Ill. JoDean, CPT USA
SJA
Angel
M. CPT USA SJA Ford.
Arthur D. W01 USA SJA
Joshua Tooman Ford, Arthur D. WOI USA JFHQ-
SJA
Subject: Re: US v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Mr. Coombs

Do you have any commems on the request?

COL Coffman

Defense_Unclass_Email_0590

02892716

Filename:

From:

Sent:
Subject:

Size:

Defense_UncIass_EmaiI_0591

30296

Protective Orders.msg

Fein, Ashden CPT USA
SJA



Wednesday, June 29, 2011 6:15 PM
Protective Orders

66KB (67,072 bytes)

02215247 Previously Submitted in Enci 78
Previously in End 1

From:

Sent: Wednesday, June 29, 201 8:37 PM

To: COFFMAN.CARL COL MIL USA IMCOM

Cc: Matthew kemkes Morrow Ill, JoDean, CPT USA




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

S1 A Joshua Tooman
Fein. Ashden CPT USA SJA

SJA






Subject: [Suspected US v. PFC BM (Art 32 Delay Request) (UNCLASSIFIED)

Sir,
The defense maintains it position as stated in its 26 April 2011 memorandum, Once the Government is
able to provide the classified and unclassi?ed discovery, we will likely need to delay the Article 32 hearing

in order to provide the defense with an opportunity to adequately prepare. The defense requests that any
additional delay be credited to the government.


David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

O??ce: 1-800-588-4156

Fax: (508) 689-9282



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

information may be unlawful and is

Defense_U nclass_Email_0592

02215243
30298

From:
Sent: Wednesday. June 29, 2011 9:11 PM
To: Fein. Ashden CPT USA SJ A





Cc: Matthew kemkes Morrow JoDean, PT USA

SIA






Overizaard. Angel M. CPT USA SJA
Ford, Arthur D. W01 USA 117110-
Joshua Tooman




SJ A




Subject: [Suspected RE: Protective Orders
Attach: Protective Orders.
Ashden.

I have attached the signed acknowledgement for both the Secretary of the Army 15-6 and for the law
enforcement sensitive information. Please let me know if there is anything else that you need from me.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282

rm I .c

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_0593

02911594
30299

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday. June 29. 2011 10:23 PM

To:

Cc: Matthew kemkes; Morrow JoDean, CPT USA

Ovetgaatd, Angel M. CPT USA Ford,
Arthur 0. W01 USA JFHQ-NCRIMDW SJA:

subject: Re: [Suspected RE: Protective Orders

David,

Thank you. Could you also provide a copy of each federal disclosure and protective order
signed. The easiest method is to print each one and after reading it- sign the bottom and
send back. we are required to provide back to US Attorney.

Additionally, do you want the rest of your team to provide us directly or go through you?

Vr ashden

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_0594

0221 6908
30300

From: Kemkes, Matthew um MIL USA
Sent: Thursday, June 30. 2011 11:15 AM

To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Subject: RE: Protective Orders (UNCLASSIFIED)

Attachments: Protective Order Acknowledgments - MAJ Kemkespdf



Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Please find my signed acknowledgements attached. Please advise how you want
people to sign the district court orders.

Respectfully,
MAJ Kenkes

Defense_Unc|ass__Email_0595

02892670

Filename:

From:

Sent:
Subject:

Size:

Defense_UncIass_Email_0596

30301

RE: Protective Orders


Fein, Ashden CPT USA
SJA



Thursday, June 30, 2011 11:17 AM
RE: Protective Orders (UNCLASSIFIED)

52KB (52,224 bytes)

02216891
30302

From: Kemkes, Matthew MAJ MIL USA
Sent: Thursday. June 30. 2011 11:41 AM

To: Fain. Ashden CPT USA SJA

Subject: RE: Protective Orders (UNCLASSIFIED)

Attachments: Disttict Coun Order Acknowledgments - MAJ Kemkespdf
TI

Classification: UNCLASSIFIED

Caveats: FOUO

CPT Fein,

As requested.

Respectfully,

MAJ Kenkes

Defense_Unclass_EmaiI_O597

0221 5225
30303





From:

Sent: Friday, July 1, 20]] 1:40 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 0 can.






. SJA
Ford, Arthur 1). W01 USA JFHQ-




Subject: RE: Protective Orders
Attach: US Protective Orders.pdf
Ashden,

Here are the signed copies of the Federal Disclosure and Protective Orders. Please have each member of
the defense team provide their disclosures directly to you. Have a happy Fourth of July weekend.

Best.
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs
11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282


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

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

Defense_Unciass_Emai|_0598

02892715

Filename:

From:

Sent:
Subject:

Size:

Defense_UncIass_Emaii_0599

30304

RE: Protective Orders.msg

Fein, Ashden CPT USA
SJA



Friday, July 1, 2011 3:18 PM
RE: Protective Orders

68KB (68,608 bytes)

0221 6890
30305

From: Tooman, Joshua CPT MIL US USA TRADOC

Sent: Friday, July 1, 2011 3:18 PM

To: Fein, Ashden CPT USA SJ A
Subject: Out of Office AutoRep1y: Protective Orders

1 am currently out of the office and have limited email access. 1 will netum Tuesday. 5 July. Thank you.

Defense_Unclass_Emai|_0600

02198394
30306



Sent: Tuesday, July 05. 2011 8:29 AM

To:

CC: MOITOW JoDean, CPT USA Fein, Ashden CPT USA JFHQ-


subject: [No for discovery (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Gentlemen,

You should both receive a package from us containing 2 DVDs. The
For the is Please let me know if you have any problems opening
the DVDs. Thanks very much.

Arthur
WR,
:01 Arthur Ford

Legal Administrator

OSJA, USNDH

Defense_Unc|ass__EmaiI_O601

0221 5224
30307




From:

Sent: Tuesday, July 5, 20]] 8:37 AM

To: Ford, Arthur D. W01 USA SJA

Cc: Morrow JoDean, CPT USA SJA

Fein, Ashden CPT USA
SJA Matthew kemkes

Subject: [Suspected RE: DVD for discovery (UNCLASSIFIED)

Mr. Ford,

was there supposed to be text associated with this email? I only received your digital signature as an
attachment and nothing else.

Best,
David

David E. Coombs, Bq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_U nclass_Ernai|_0602

02198392

30308

From:
Sent:
To:
Cc:

Subject:
Signed By:

Ford. Arthur D. W01 USA SJA

Tuesday, July 05. 2011 8:42 AM



Fein. Ashden CPT USA Momow JoDean. CPT USA JFHQ-
NCHAADVV SJA

RE: [Suspected RE: DVD for discovery (UNCLASSIFIED)
TI

Classification: UNCLASSIFIED

Caveats: F000

Sir,
There was.

mail.
from now on.

It's strange that it stripped the text from my email.

It contained the for the DVDs you will get in the
The is This is the we will use

that email client do

you use? (outlook, thunderbird, webmail, etc.)

Thanks.



H01 Arthur Ford
Legal Administrator
OSJA, USAMDH



Defense_UncIass_EmaiI_0603

02215221
30309

From:

Sent: Tuesday, July 5, 20!! 8:58 AM

To: Fond. Arthur D. WOI USA SJA

Cc: Fcin, Ashden CPT USA SJA

Morrow CPT USA SJA

Subject: RE: [Suspected RE: DVD for discovery (UNCLASSIFIED)
Mr. Ford,

I _use Workspace v. 5.5. It is the email platform for web service by Go Daddy.com.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential attorney-
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|_0604

30310



From: Tooman. Joshua MIL us usA

sent: Tuesday. July 05. 2011 12:04 PM

To: Fein, Ashden CPT USA SJA
subject: RE: Protective Orders (UNCLASSIFIED)
.Auachnuuns: Pnmec?vecmdenipdf

S?gnodlBy:

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden
Attached are the signed protective orders. Thanks and enjoy your vacation.

V/r
Josh

Defense_Unc|ass_Emai|_0605

02198348

30311

FVOM:

To:
Cc:

subject:
Attachments:
signed By:

Monow JoDean, CPT USA SJA

Tuesday. July 05, 2011 4:07 PM



Matthew kemkes; Fein. Ashden CPT USA Ovetgaard, Angel M. CPT
USA JFHQ-NCRIMDW Whyte, Jeffrey H.CPT USA JFHQ-NCRIMDW

Ford, Arthur 0. W01 USA JFHQ-NCRIMDW SJA:




FW: Article 32 Delay (UNCLASSIFIED)
Delay of Anicse 32 Investigation (ManningB).pdf
I

Classification: UNCUSSIFIED

Caveats FOUO

David,
See attached.
Joe

CPT Joe Morrow
Trial Counsel

Hope you had a good Fourth of July.

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

Phone:
Mobile:
NIPR:
SIPR:



Defense_Unclass_EmaiI_0606

30312



From: Ford. Anhur D. WOI USA SJA
Sent: Wednesday, July 6, 20! I 3:07 PM
To:

Cc: Fein, USA SJA

Morrow Ill, JoDean, CPT USA SJA

Subject: Email (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Mr. Coombs,
Our of?ce is going to all email traffic in the next 2-3 weeks. We need to make sure that you can read

any emails that we send you. This will be based on CAC certi?cates, so any email dlent that you use will need
to authenticate against your CAC card. The only clients that I am aware of that do so are Microsoft Outlook, Mozilla

Thunderbird, and AKO webmail, though there may be others.

I am not sure why the GoDaddy.com server is stripping the text from our emails. You will need to call
them and tell them that there is a problem.


W01 Arthur Ford

Legal Administrator
OSJA, USAMDW

Defense_UncIass_Emai|_0607

02198201
30313

From: Ford, Arthur D. wo1 USA SJA

Sent: Wednesday, July 6, 2011 3:18 PM
To: Matthew kemkes


Cc: Morrow JoDean, CPT USA SJA

Fein, Ashden CPT USA

SJA
Subject: Discovery
Gentlemen,

Could you please acknowledge receipt of the discovery discs? Thank you.



WOI Arthur Ford
Legal Adminisuator



Defense__UncIass_Email_0608

02215207
Previously in Encl 1

From: Paul Bouchard
Sent: Thursday, July 7, 2011 2:30 AM

To: Fein, Ashden CPT USA SJA
Cc:

Subject: Renewed request for computer forensic expert, Mr. Eric Lakes and Cyber Agents

Attach: Renewed Expert Request, PDF.pdf; Cyber Agents Fee Schedule.doc; Eric Lakes CV.doc;
Request for Expert Assistant for PFC





This is we talked about - the Defense renews its request for Mr. Eric

Lakes and his company, Cyber Agents Inc., as an expert assistant for the Defense
team. See attachments -- Mr. Lakes was previously approved by the original
convening authority for $5,600.00. Given the amount of data in the case at hand,
Mr. Lakes will need more funding to include costs associated for travel.
lmportantly, given that there is no way to precisely pinpoint how long and time
consuming the computer forensics will take, we are asking that any additional
work be billed and subsequently paid at $175.00 per hour.

The first attachment clearly outlines our requests. The other attachments are
supporting documents.

I'll be at Fort Meade late next week.
E-mail me or call me should you have arty questions.
Best,

Paul

Defense_Unc|ass_Email_0609

30315



From:

Sent: Thursday. July 7, 2011 8:05 AM

To: Ford, Arthur D. WOI USA SJA

Cc: Fein, Ashden CPT USA S1 A

Morrow Ill, JoDean, CPT USA SJA

Subject: [Suspected RE: Email (UNCLASSIFIED)
Mr. Ford,

I will see if my email provider can assist in correcting the problem. If they cannot, then we need to ?gure
out another solution. I understand the desire to have security in our communications. However, given
the fact that our errialls will not contain anything classified and that any attachments can be CAC card
protected, I don't see the necessity to have email traffic as well. Certainly, not if
email traffic requires me to change my email provider.

Best,
David

David E. Coombs, Bo.

l.aw Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

information may be unlawful and is

Defense_Unclass_Email_0610

02215204
30316

From:

Sent: Thursday. July 7, 20! I 8:06 AM

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






Fein, Ashden CPT USA
Matthew kemkes

Subject: [Suspected RE: Discovery

Mr. Ford,

My of?ce received the discs. I was able to open each disc and view its content.

Best,
David

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

11 South Angeli Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



Notice: This transmission, including attachments, may contain con?dential attorney-
client infomwation 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|_061 1

02216885
303w

From: Kemkes, Matthew MAJ MIL USA

sent: Thursday, July 07. 2011 2:04 PM

To: Fond. Arthur D. W01 USA SJA

Cc: Bynoe. Lisa Morrow JoDean, CPT USA

Fein, Ashden CPT USA SJA
subject: RE: Discovery (UNCLASSIFIED)
suwlayz I

Classification: UNCLASSIFIED
Caveats: FOUO

Mr . Ford,

I have not received any discs. Ms. Bynoe, my paralegal, confirmed with the
nailroon nonents ago that we have nothing in the mailroon ready for pickup.
For what it's worth it has taken weeks before to get a letter from the OSJA
to our TDS office. I suggest you burn new copies and deliver them through
the normal distro runs that OSJA members make to Fort Myer which are quicker
and more reliable.

Respectfully,
MAJ Kenkes

Defense_U nc1ass_Email_061 2



02198166

sosw
From: Fold. Anhur D. W01 USA SJA

km: Thursday. July 07. 2011 4:36 PM

To:

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


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

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Coombs,
Thank you very much. Please let me know how it goes.

Just for clarification, we are not asking you to change email providers; I am

simply suggesting other methods that you can use to read emails. For example,

you can use Microsoft Outlook to read your armycourtmartialdefense.com email.
Outlook is capable of reading the certificates on your CAC card, and should

allow you to open the emails. Mozilla Thunderbird is free and

should also be able to do this. Below are some articles that will help you do
this, and I will be happy to help you set it up if you like.

when you speak with GoOaddy.com's customer service, please make sure they
know that you are using PKI NOT their SSL Please tell
them that they are stripping the text from the email, and ask them
what it would take to get them to pass the messages back and forth
intact.

As an aside, if I try to send an file to an AKO email address
without the actual email, AKO's servers will simply refuse to
deliver the email, citing security issues. There is really no telling why
GoDaddy.com is stripping the emails without asking.

Hhile none of the emails will be classified, many of them do contain
sensitive information. As an example, all of the information regarding your
last visit to the confinement facility and the movement of PFC BM from one
place to the next were sent along with associated discussion of
the JRCF rules. This is information that we are not comfortable seeing in the
public domain.

Thank you very much.


su rt.microsoft.com kb 287532


H01 Arthur Ford

Legal Administrator
OSJA, USAMDH

Defense_U nclass_Email_061 3

02215190

30319

From: Paul Bouchard?

Sent: Friday, July 8, 201 1 2:18 AM

To: Fein, Ashden CPT USA IF SJA
Subject: Fw: Renewed request for computer forensic expert, Mr. Eric Lakes and Cyber Agents
Attach: Renewed Expert Request, PDF.pdf; Cyber Agents Fee Scheduledoc; Eric Lakes CV.doc;

Request for Expert Assistant for PFC

Ashden:
Just to ensure you got this - I sent it last night.
Please acknowledge receipt of this e-mail.

Thanks,
Paul

This is what we talked about -- the Defense renews its request for Mr. Eric
Lakes and his company, Cyber Agents Inc., as an expert assistant for the Defense

team. See attachments Mr. Lakes was previously approved by the original
convening authority for $5,600.00. Given the amount of data in the case at hand,

Mr. Lakes will need more funding to include costs associated for travel.
Importantly, given that there is no way to precisely pinpoint how long and time
consuming the computer forensics will take, we are asking that any additional
work be billed and subsequently paid at $175.00 per hour.

The first attachment clearly outlines our requests. The other attachments are
supporting documents.

I'll be at Fort Meade late next week.
E-mail me or call me -) should you have any questions.
Best,

Paul

Defense_UncIass_EmaiI_O614

l-



02231017
30320
From: PSIP Center of Excellence
Sent: Friday, July 8, 2011 7:54 AM



To:

Cc: Fern, Ashden CPT USA

Subject: Applicant Action Required, Investigation Application Instructions, PSIP Record Number
LR000000 448 I 1
Attach: Scction_2 1_Guidance.pdf; User Instructions YOU MUST READ ME.pdf

Mr. Joshua James Tooman:

The Personnel Security Investigation Center of Excellence has received a request to begin processing your
investigation application. The attachment provides detailed instructions to assist you with completing this process. It is
highly recommended that you read these instructions before you begin completing the fonn.

Once you have completed the form, you must release it to the for review. If the form contains errors or
is missing required information, it will be returned to you via email for correction. Please ensure that you are monitoring
your email throughout this process.

The following must be received within ?ve (5) calendar days.

fomis

Signed Signature Release Pages
Fingerprints

306 and/or Resume (when required)

To get started:
1. Access the form at:

To initially access the form you must authenticate your identity. When Question 2 asks for your city of birth use
the following spelling:
2. Contact your local security of?ce or hiring of?cial to make anangements to be ?ngerprinted.

AR 380-67 states that "failure to respond within the time limit prescribed by the requesting organization with the
required security forms or refusal to provide or permit access to the relevant information required by this regulation shall
result in termination of the individual's security investigation or assignment to sensitive duties utilizing the procedures of
paragraph 8-201 or further administrative processing of investigative requirement." Failure to meet this suspense will
result in notification to your chain of command.

If you no longer require a background investigation or you cannot comply with these instructions, please have your
security manager or hiring official contact the

lfyou have any questions, please email us a
The call center is open between the hours of 0600 and 2400 Monday throug y. are .

'nvestigation request may be faxed to
or scanned and ?=~mai1edtom
Please do not respond to this email, as responses are not monitored.

PSIP Record Number: 1
Email Code: PSIP-0002-FP

Defense_UncIass_Emai|__0615



02890984

From:
Sent:
To:
Subject:

30321

Fein. Ashden CPT USA SJA

Frida . Jul 08. 2011 10:47 AM
let Eg request !or computer forensic expen, Mr. Eric Lakes and Cyber Agents

Ack receipt. Thx. we will start processing first thing next week.

Defense_UncIass_EmaiI_0616

02215188
30322

From Paul B?U?hard?

Sent: Friday, July 8, 2011 5:06 PM

To: Fein, Ashden CPT USA SJA
Cc:

Subject: Re: Renewed request for computer forensic expen, Mr. Eric Lakes and Cyber Agents

Thanks.
VVR
Paul

Defense_UncIass_EmaiI_O617

02215187
30323







From:

Sent: Monday, July 11,2011 8:32 PM

To: Fein, Ashden CPT USA SJ A

Cc: Matthew kemkes Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA SJ A
Ford, Arthur D. W01 USA IF HQ-





SJA
Subject: RE: Protective Orders

Ashden,

Should Eric Lakes have copies of the latest protective orders. He is telling me that he has not received
anything from Mr. Ford. Also, how are we doing on the unclassified CID ?le? Finally, how was your
vacation? I hope that the weather was good in the Caribbean.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282

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_061 8

02216864
30324

From: Kemkes, MatthewJ MAJ MIL USA
Sent: Tuesday, July 12. 2011 10:25 AM
To: Fein, Ashden CPT USA SJA
Cc: Ford, Arthur 0. W01 USA
I
tact ve as (U SSIFIED)
Attachments: Acknowledgments and court Ordets - SSG PurceII.pdf
Signed By:

Classi?cation: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Please Find SSG Purce11's signed acknowledgments attached.

Respectfully,
MAJ Kemkes

Defense_UncIass_EmaiI_061 9

02892717

Filenamez

From:

Sent:
Subject:

Size:

Defense__Unc|ass_Emai|_0620



30325

RE: Protective Orders.msg

Fein, Ashden CPT USA
SJA



Wednesday, July 13, 2011 5:32 PM
RE: Protective Orders

202KB (206,336 bytes)

02231014

Sent: Friday, July 15, 2011 11:4
To: Fein. Ashden CPT USA A

Cc:

Subject: Informational, Security Clearance Processing, Ticket No. 1

30326



The Army Investigative Enterprise System (AIES) PS1 Center of Excellence (PSI has received all of the
required documentation from Joshua James Tooman. At this time, no further action is required. The
investigative packet has been submitted to 0PM for scheduling.

Ifyou have any questions, please contact the PSI

Ifiou have any iuestionsl ilease call email us at

The call center is open between the hours of 0600 and 2400 Monday through Friday. All times are
EST.

Documentation required for this investigation request may be faxed to
?r Scanned and 6-mailed to

Please do not respond to this email, as responses are not monitored



PSIP Record Number: 14481 1
Email Code: PSIP-0006

Defense_U ncIass_EmaiI_0621



02215184

30327

From:

Sent: Monday, July 18, 2011 1:08 PM

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





Overgaard, Angel M. CPT USA SJ A
Ford, Arthur D. W01 USA JF HQ-




Joshua Tooman
Subject: [Suspected RE: Protective Orders

Ashden,
I am glad you had a nice vacation. However, I would have left the BB in your room.

1. My security experts are wondering why we have signed multiple protective orders. It seems that one
protective order should be suf?cient to cover all classi?ed information. Are the multiple protective orders
due to the government's desire to also protect unclassi?ed information? Is there a way that we can have
one protective order that covers all the information released in discovery?

2. Thank you for getting this done.
3. Let me know when this is done so that I can provide some of the latest discovery to my client.
4. Thank you for the update.

5. I understand why the government wants to discovery sent to the defense. However, I don't
see the need to our unclassi?ed communications. I know that your intent is not to have a system
that is too burdensome on the parties, but I think it has already proven to be so. I contacted my service
provider and they did not seem to have a clue what I was talking about. By all
communications, will it not eliminate our ability to receive and respond to messages by our 88? If so,
then I will not have the ability to receive any messages from the government when I am out of the of?ce
(such as at the Article 32 or during the trial). Is there a legitimate risk that would warrant us taking such
steps? If not, then I think this effort doesn't pass the common sense test. If something is truly sensitive,
perhaps you could just send it to us in an attachment. Otherwise, I think the almost
nonexistent risk of someone cracking into our email is acceptable.

6. Please let me know once you have mailed the unclassi?ed case file.

7. Thank you for the update.

8. Thank you.

9. Mr. Lakes would like to know what you are using.

Finally, I will put this in a formal discovery request, but I would like to receive a copy of the reduction
board tapes for SFC Adkins. If for some strange reason there is a verbatim transcript, I would take the
transcript instead.

Best,

David

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

Defense_Unclass_Emai|_0622



02215184
30328

11 South Angeli Street, #317
Providence, RI 02906

Of?ce: 1-800-588-4156

Fax: (508) 689-9282



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

information may be unlawful and is

Defense_Unclass_Email_0622

02911596
30329

From: Fein, Ashden CPT USA SJA

Sent: Monday. July 18, 2011 4:10 PM

To:

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

Ove1gaand,AnaeI M. CPT USA Fotd,
Arthur D. wo1 USA JFHQ-NCRIMDW ?Joshua Tooman'
Subject: RE: [Suspected RE: Protective Orders

David,

Thanks. The multiple protective orders are from the Department of Justice and
the Article judge. They deal with sensitive but not classified
information. The convening authority's order is from him, but the other
information requires additional signatures. we are working on the
issues so they are not bothersome and pass the common sense test. Thank you
for checking with your provider. We are working on the audio recordings, no
need for a formal request. we will have those out this week. we are using
PGP Desktop as our software.

V/r
Ashden

Ashden Fein
CPT, JA

Defense_Uno|ass_Emai|_O623

02215179
30330

From:
Sent: Monday, July 18, 201 I 4:24 PM
To: Fein, Ashden CPT USA SJA





Cc: Matthew kemkes Morrow Ill. JoDean, CPT USA

SJA





A

Subject: RE: [Suspected RE: Protective Orders

Ashden,

Thank you. I will let Mr. Lakes know about the software. I will also get our various experts to
complete the new protective orders. with regards to Mr. Lakes, can you send the various protective
orders that you would like him to sign directly to him? This way, we can have that taken care of as you
work through the issues.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Office: 1-800-588-4156

Fax: (508) 689-9282



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

Defense_Unclass_Email_0624

30331

MN MW

Tuesday, July 19, 2011 8:53 AM
Fein, Ashden CPT USA SJA
Boston. Louis (UNCLASSIFIED)


Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Yes, I'm available. I will discuss my request with CH2 Santiago and let you
know what my requirements are.

Respectfully,
MAJ Kenkes

Defense_Unclass_Email_0625

30332



From: Kemkes, Matthew MAJ MIL USA

8eI'It: Tuesday, July 19, 2011 4:24 PM

To: Fein. Ashden CPT USA SJA

Cc: BosIon. Louis J. MAJ USA SJA
Subject: RE: Computer suppon (UNCLASSIFIED)

signed By: I

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,
Apparently CH2 Santiago has already addressed our computer needs with SSG
Phillips. If you have specific questions about our request please let me

know.

Respectfully,
MAJ Kenkes

Defense_Unc|ass_Emai|_0626



30333

From: Kemkes, Matthew MAJ MIL us/?

Sent: Tuesday, July 19, 2011 4:04 PM

To: Fein, Ashden CPT USA SJA

Cc:
subject: Protective Orders and Court Orders (UNCLASSIFIED)

Attachments: Acknowledgments and Court Orders - CW2 Santiago.pdf

??gned|By:

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Fein,

Please find CH2 Santiago?s signed orders attached.

Respectfully,

MAJ Matthew J. Kemkes

Senior Defense Counsel, NCR

U.S. Army Trial Defense Service

Fort Myer, Virginia

owe:

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_0627




02892647

Filename:

From:

Sent:

Subject:

Size:

Defense_Unclass_EmaiI_0628

30334

RE: Protective Orders and Court Orders


Fein, Ashden CPT USA
SJA



Tuesday, July 19, 2011 5:21 PM

RE: Protective Orders and Court Orders
(UNCLASSIFIED)

56KB (56,832 bytes)

02215177
30335

Paul
Sent: Tuesday, July 19, 201 7:07 PM

To: Fein, Ashden USA sm

Subject: Message from CPT Paul Bouchard



I'm settling in at Fort Meade. Quick question: am 1 good to go on the necessary
pnotective orders?? Have I signed them?? Just want to confmn I'm good to go.
Thanks.

Paul

Defense_UncIass_Email_O629



02896911
30336

From: Pain, Asnden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday. July 19. 2011 7:10 PM

To: ?Paul Bouchattf;

Cc: Ford. Arthur D. 1 A
Subject: RE: Message from CPT Paul Bouchard

Paul- I an going to kick this to Mr. Ford (cced).

Ashden Fein
CPT, JA

Defense_Unclass_EmaiI_0630



02197943

30337
From: Ford, Arthur D. W01 USA SJA
sent: Tuesday, July 19. 2011 7:33 PM
To: pauLbouchani
cc: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA: Morrow JoDean, CPT USA JFHQ-
NCRIMDW Overuaard, Angel M. CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Renewed request for computer tonenslc expen. Mr. Eric Lakes and Cyber Agents
(UNCLASSIFIED)
Attachments: Renewed Expert Request. Cyber Agents Fee Scheduledoc; Eric Lakes CV.

Request for Expert Assistant for PFC Manning.pdf

Classification: UNCLASSIFIED
Caveats: F000

Sir,

I have some questions regarding your request. The request does not
match the fee schedule from the company.

The company charges $1,300 per additional hard drive, not 3175 per
hour. (However, this does work out to about a 7.5 hour work day, so if this
is the rationale, I just need to know how Cyber Agents intends to invoice.)

They also charge $1,400 for trial prep, consulting, and testimony,
which is not addressed in the request. They charge this for every day they
are out of their lab, and it is not addressed in your request. It does not
address whether or not this is in addition to the $1,300 per hard drive, or
just when they are here doing something that is not Forensics. whatever it
is, we need to know whether or not they will invoice us for it.

The request mentions employees generally, but not by name. we need
to know who they are so we can get P0's signed and clear up any security
issues. Also, they need to tell us how many people they are bringing so we
can estimate travel costs and ensure workstations are provided.

I don't remember ever hearing of an expert, or any contractor, being
paid in advance, and if you or Mr. Coonbs have negotiated this, then we need
to know that.

Thanks very much, Sir.

WR.
901 Arthur Ford

Legal Administrator
OSJA, USAHJH



Defense_Unc|ass_EmaiI_0631



02197912

30338

From: Ford, Arthur D. W01 USA SJA

Sent: Tuesday. July 19. 2011 8:12 PM

To: paul. bouchard

Cc: Fein, Ashden CPT USA SJA

subject: RE: Message from CPT Paul Bouchard (UNCLASSIFIED)
Attachments: Signature packagespdf

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Bouchard,

You are not good to go. Attached are two files. The file named
?orders? contains all of the orders you must acknowledge from the convening
authority. The first two pages of the file ?signature packages? contain the
acknowledgments to those orders. The rest of those pages are the protective
orders from the civilian courts. You must print out and sign each of these
pages. Please scan the acknowledgments and send them back to me. Thank you
very much.



9101 Arthur Ford
Legal Administrator
OSJA, USNDH

Defense_Unc|ass_Emai|_O632

30339

Paul aouchardj

Wednesday, July 20, 20ll 1:05 AM

Fein. Ashden CPT USA SJ

Re: Message from CPT Paul Bouchard

Defense_U nclass_EmaiI_0633



02890953
30340



From: Fein, Ashden CPT USA SJA

Sent: Wednesday. July 20. 2011 6:32 AM

To:

cc: Morrow JoDean, CPT USA SJA

Subject: FWZ Renewed request for computer forensic expert, Mr. Eric Lakes and Cyber Agents

1 (UNCLASSIFIED)
Attachments: A Renewed Expert Request. Cyber Agents Fee ScheduIe.doc; Eric Lakes

Request for Expert Assistant for PFC Manning.pdf

David. Fysa.

Defense_Unc|ass_EmaiI_O634

30341

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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