Title: Volume FOIA 095

Release Date: 2014-03-20

Text: 30674

Volume 95 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

02217071
30675

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Cetti?ed Homeland Security -
MCSE, MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive

Lexington, KY 40503

cell -
land me I

Defense_Unc|ass_Ernail_0954



02915675
30676

From: Fein. Ashden CPT USA SJA
sent: Fnday, November 04, 2011 12:52 AM
To: Pam, Jairo A.





subject: Re: US v. PFC BM (Here are the reservations we already booked once we had the set date)

Thank you. I apologize for not notifying any sooner but we plan on holding meeting at Ft
McNair, DC. Exact location TBD.

Defense_Unc|ass_EmaiI_O955

02216349
30677

From: Kemkes, Matthew MAJ MIL USA

Sent: Friday, November 4, 2011 12:52 AM
To: Fein, Ashden cm: USA sm
Subject: Out of Of?ce AutoReply: US v. PFC BM (Here are the reservations we already booked

once we had the set date)

Sir/Ma?am,
I am out of the office until 4 November. Ifyou need immediate assistance, please contact MAJ Cassandra Zahn or Ms. Lisa Bynoe at

Respectfully,
MAJ Kemkes

Defense_Unclass_EmaiI_0956

0291 5938

30678
From: Fein, Ashden CPT USA SJA
Sent: Friday, November 04, 2011 6:02 PM
To: ?Kemkes, Matthew MAJ MIL
'Tooman,Joshua CPT MIL US USA ?Bouchard, Paul CPT USA MIL
Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA
JFHQ-NCRIMDW SJA: Ford, Arthur D. W01 USA JFHQ-NCRIMDW SJA
Subject: US v. PFC BM (Discovery Meeting Location)
David,
DISCOVERY

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

The production consists of the portions of the forensic reports the government
intends to use in its case. The associated native files are non-word
processed files, such as audio/visual files and spreadsheets, and each has an
associated placeholder document with a single BATES stamp.

If you have any questions, please let us know.

MEETING LOCATION

On Monday, I will send out the exact location of our meeting. we are trying
to reserve a different conference room at Fort McNair and will know by Monday.
Please plan on starting by 8906.

Thank you and have a good weekend.

v/
Ashden

Defense__Unc|ass_Emai|__0957

02981144

30679
From: Fein, Ashden CPT USA SJA
Sent: Friday, November 04, 2011 6:02 PM
To: Matthew kemkes; 'Tooman,Joshua CPT MIL US
USA 'Bouchard, Paul CPT USA MIL
Cc: Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA
JFHQ-NCRIMDW Ford, Arthur D. WO1 USA JFHQ-NCRIMDW SJA
Subject: US v. PFC BM (Discovery 8. Meeting Location)
David,
DISCOVERY

Today, we received final approval to turn?over the relevant classified
information contained in the forensic reports. CW2 Santiago signed for two
sets of disks, containing the forensic reports and specific native files
(BATES 00646074-00375129) .

The production consists of the portions of the forensic reports the government
intends to use in its case. The associated native files are non-word
processed files, such as audio/visual files and spreadsheets, and each has an
associated placeholder document with a single BATES stamp.

If you have any questions, please let us know.

MEETING LOCATION

On Monday, I will send out the exact location of our meeting. we are trying
to reserve a different conference room at Fort McNair and will know by Monday.
Please plan on starting by 6966.

Thank you and have a good weekend.

v/r
Ashden

Defense_Unc1ass_Emai|_0958

02216348

30680
From: Tooman, Joshua CPT USA MIL (U
Sent: - Friday, November 4, 2011 6:02 PM
To: Fein, Ashden CPT USA SJ A
Subject: Automatic reply: US v. PFC BM (Discovery Meeting Location)

I will be TDY 7 November - 18 November 2011, and will have sporadic email access. I will return to the office on 21
November 2011. If you need immediate assistance, please contact Mr. Eddie Young at-

Defense_UncIass_Email_0959

02216346

30681








From:
Sent: Friday, November 4, 20] I 6:05 PM
To: Fein, Ashden CPT USA
Cc: Morrow Ill, JoDean. CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
SJA Ford, Arthur D. W01
USA JFHQ-NC Matthew kemkes
Tooman,Jos uaJ CPT MIL US USA TRADOC
Bouchard.Pau| CPT USA MIL (US)
Subject: [Suspected RE: US v. PFC BM (Discovery Meeting Location)
Ashden,

Thank you for the update. I look forward to our meeting next week. Have a good weekend.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



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

unlawful and is prohibited.

Defense_Unclass_Email_096O

02916452

30682

From:
Sent
To:
Cc:

Subject:
Attachments:

Importance:

A11-

Fein, Ashden CPT USA SJA

Monday, November 07, 2011 4:31 PM

Kemkes, Matthew MAJ MIL Bouchard,
Paul CPT USA MIL 'Tooman,Joshua CPT MIL US USA

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

US V. PFC BM (8 Nov Meeting)

De?nitions of Common Terrns.pdf; Map to NDU.PDF

High

Attached is a definition of common terms and acronyms list for tomorrow's

meeting.

Our meeting will occur at NDU.
Building 64 (Lincoln Hall) at 6855 tomorrow morning.
of parking (see attached Map).

Please meet SGT Bradley at the Front of
There should be plenty
Once everyone arrives, SGT Bradley will

escort you up to the meeting room.

Additionally, please bring two large security bags and courier cards with
you. we intend to hand over additional classified information and the
Forensic cube For your experts.

Thank you.

v/r
Ashden

Defense_UncIass_Emai|_0961



02191433

30683

From: Parra, Jairo A. W01 USA SJA

Sent: Monday, November 07, 2011 4:35 PM

To: ?Bouchard, Paul CPT USA MIL Fein, Ashden CPT USA
Matthew kemkes; Tooman,
Joshua CPT USA MIL (US) Feito, Beatriz SGT USA JFHQ-
Ford, Arthur . 1 - SJA

Subject: RE: US v. PFC BM (Here are the reservations we already booked once we had the set date)
(UNCLASSIFIED)

Signed By:

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Lakes,

I need you to please provide a breakdown of all costs (flight, hotel, rental car) for you and
your associate for the travel associated with this TDY. As you already are aware, the JFTR
requires all travel to be executed through DTS and all receipts must be included in the
voucher For payment. Since you booked a packaged deal that includes Flight, hotel, and
rental car, this process of Filling a voucher for payment will be complicated and we must
document it well to avoid being audited. I need to be able to justify all claims and
payments on DTS and a receipt must be submitted for all payments. Please be aware you may
need to submit an MFR explaining why this means of travel was selected and an itemized
breakdown of expenses in order For me to be able to pay your expenses and those of your
associate. If you have any questions please let me know. Thank you

v/r,
JP

Jairo A. Parra

N01, JA

Legal Administrator

JFHQ-NCR, MDW



- Direct

Defense_Unclass_Emai|_O962

02191433
30684

j- exec-we-rv
can

The information contained in this email and any accompanying attachments may
contain Freedom of Information Act protected information, including attorney-client or
attorney work product privileged information. This information may not be released outside
of the Department of Defense without prior authorization from the Office of The Judge
Advocate General, Department of the Army. If you are not the intended recipient of this
information, any disclosure, copying, distribution, or the taking of any action in reliance
on this information is prohibited. If you received this email in error, please notify this
office immediately by return email (see 5 U.S.C. 552 and Army Regulations 25-55 and 27-

2) .

Defense_Unc|ass_EmaiI_0962

0221 7070

From:
Sent:
To:

Subject:

30685

E?c Lakes

Monday, November 7, 2011 7: 11 PM

Pana, Jairo A. W01 USA SJA
Bouchard, Paul CPT A MIL (U

Fein, Ashden CPT USA SJA


Tooman, Joshua] CPT USA MIL
Feito, Beatriz SGT

Ford, Arthur D.










Matthew kemkes
(U 5)
USA JFHQ(Here are the reservations we already booked once we had the set
date) (UNCLASSIFIED)

No problem - I have booked this way many times and have saved the Government a lot of money by doing so.

Once we had the Dataes and Times in stone is when we booked everything and that was prior to you letting us know
about the DTS requirements. This will not happen again.

Eric Lakes

Digital Forensic Examiner

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


616 Pasadena Drive

Lexington. KY 40503

cell -
land line -

begin of the_skype_highIighting end_of_the_skype_highlighting

Defense_Unclass_Emai|_O963



02923795

30686

From: Fein, Ashden CPT USA SJA
Sent: Monday, November 07, 2011 10:10 PM
To:
Cc: Morrow Ill, JoDean, CPT USA Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: Phone message

David. I just received your phone message. I apologize For not returning it sooner. we will
provide you another cd tomorrow with "highlights" that include just the narrative -like
reports. The dvd?s we provided are all the report and their attachments.

Ashden

Defense_UncIass_EmaiI_0964





02191423

30687
From: Feito, Beatriz SGT USA JFHQ- SJA
Sent: Tuesday, November 08, 2011 3:05 PM
To:
Cc: Fein, Ashden CPT USA Parra, Jairo A. W01 USA

Ford, Arthur D. W01 USA SJA

Subject: Travel Reimbursement (UNCLASSIFIED)
Attachments: dd1351-2.pdf
signed By:
Importance: High

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Lakesl Mr. Struttman,

For reimbursement, you are required to submit an original signed DD 1351-2
along with receipts for airfare, hotel, and rental car. After we receive
the documentation, we will submit your voucher for reimbursement. If you
have any questions, please contact us at

Very Respectfully,

SGT Beatriz Feito
Paralegal NCO
Military District of Washington

--?--Original

From: Eric Lakes

Sent: Monday, November 07, 2611 7:11 PM

To: Parra, Jairo A. 1401 usA

Bouchard, Paul CPT USA MIL Fein, Ashden CPT USA
Matthew kemkes; Tooman, Joshua CPT USA
MIL Feito, Beatriz SGT USA JFHQ-
Ford, Arthur D. wo1 USA SJA

Subject: RE: US v. PFC BM (Here are the reservations we already booked once
we had the set date) (UNCLASSIFIED)

No problem I have booked this way many times and have saved the Government
a lot of money by doing so.

Once we had the Dataes and Times in stone is when we booked everything and
that was prior to you letting us know about the DTS requirements. This will
not happen again.

Eric Lakes

Digital Forensic Examiner
Certified Computer Examiner (CCE)
Certified Homeland Security -
MCSE, MCP, Network Plus,

Defense_Undass_EmaiI_0965

02191423
30688

Cyber Agents, Inc.



616 Pasadena Drive

Lexington, KY 48563

cell - -
end_oF_the_skype_highlighting

land line -

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_0965

02191419
30689

Waybright, Daniel W. SGT USA SJA


From:

Sent: Tuesday, November 8, 2011 3:31 PM

To: Matthew kemkes

Cc: Fein, Ashden CPT USA SJ A
Morrow 1H, oDean, CPT USA SJA
d, Arthur D. W01 USA IFHQ-
DW

Subject: DD200s (UNCLASSIFIED)

Attach: DD200 - MR Coombs - 2 CDs.pdf; DD 200 - MAJ Kemkes - 2 CDs.pdf; DD2OO - MAJ

Kemkes - Cube.pdf

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir,
Attached are the DD 2005 signed today.

v/r.

SGT Daniel Waybright

Military Justice Paralegal a
Fort McNair DC

COM

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_0966

02915887
30690

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, November 08. 2011 5:43 PM

To:

cc: 'Kemkes, Matthew MAJ MIL ?Bouchard, Paul CPT USA MIL 'Tooman,Joshua

CPT MIL US USA Morrow HI, JoDean, CPT USA Ford.
Arthur D. W01 USA SJA
Subject: US v. PFC BM (Discovery)

David,

Good evening. This afternoon we gave you a highlights with a printout
of its contents. Additionally we gave you a discovery production. Below is a
summary of that production.

Portions of ACICA Report (BATES 00375130-00375182)

Portions of the CID Case File, Schmiedl emails, and Unclassified
Classification Reviews (BATES 06375198-60376953)

CD Volume Mounting list (also in the forensic report) (BATES 60378176)
Classified charged Documents, Report, and one Classified Classification
review (BATES

The United States is still working on the last two classification reviews.
They will be completed in the next Few weeks.

v/r
Ashden

Defense_U nc|ass_EmaiI_0967

02981138

30691
From: Fein, Ashden CPT USA SJA
Sent: Tuesday, November 08, 2011 5:43 PM .
To:
Cc: Matthew kemkes; 'Bouchard, Paul CPT USA MIL 'Tooman,Joshua CPT MIL US

USA Morrow JoDean, CPT USA JFHQ-NCRIMDW Ford, Arthur D. WO1
USA SJA
Subject: US v. PFC BM (Discovery)

David,

Good evening. This afternoon we gave you a highlights with a printout
of its contents. Additionally we gave you a discovery production. Below is a
summary of that production.

Portions of ACICA Report (BATES 09375130-90375182)

Portions of the CID Case File, Schmiedl emails, and Unclassified
ClassiFication Reviews (BATES 99375193-99375953)

CD Volume Mounting list (also in the Forensic report) (BATES 99378176)
Classified Charged Documents, Report, and one Classified Classification
review (BATES 60376954-90378175)

The United States is still working on the last two classification reviews.
They will be completed in the next Few weeks.

v/r
Ashden

Defense_UncIass_EmaiI_0968



02217069

30692






r?m= Eric Lakes

Sent: Tuesday, November 8, 2011 5:50 PM

To: Bouchard, Paul CPT USA MIL (US)

Pana, Jairo A. USA SJA
Fein, Ashden CPT USA SJA
Matthew
kemkes Tooman Joshua CPT USA MIL (US)

Subject: RE: US v. PFC BM (Party, Witness, Expert Travel) (UNCLASSIFIED)

A follow-up:

Did the end-user have to have their ID CAC Card in the computer to use it on the NIPR or

Can we get all the NIPR anfd SIPR logs for all the computers from that In the speci?c time frame we need?

Did Bigelow leave his computer logged on to the NIPR all the time so anyone could use it with his card inserted or was a
card not needed on any of the machines and anyone could just use what ever user pro?le was logged in at the time?

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security -
MCSE, MCP, Network Plus,
Cyber Agents, inc.


616 Pasadena Drive
Lexington, KY 40503

cell -
land Ine



Defense_Unc|ass__Emai|_0969

02915517
30693

From: Fain, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday, November 08. 2011 5:54 PM
To: 'Bouchand, Paul CPT USA MIL

Matthew kemkes; 'Tooman, Joshua CPT USA
MIL ?Morrow Jooean, CPT USA SJA

Cc: Ford, Arthur 0. W01 USA SJA
subject: RE: US v. PFC BM (Patty. Wttness. Expert Travel) (UNCLASSIFIED)
Mr. Lakes,

Thank you for the email. Please direct all these questions through the
defense counsel, and they will likely submit discovery requests for the
information-if needed. The information presented today was just a sampling
of the evidence that we turned over to the defense, as a required by the RCM
and MRE. Much more detailed information and the sources of information are
located in the forensic reports and the accompanying forensic images.

v/r
CPT Fein

Defense_Unclass_EmaiI_O970

0221 7067

30694

From Eric Lakes

Sent: Tuesday, November 8, 2011 5:58 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: US v. PFC BM (Parry, Witness, Expert Travel) (UNCLASSIFIED)

Sorry

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security - Ill

MCSE, MCP, Network Plus,
Cyber Agents. Inc.

616 Pasadena Drive

Lexington, KY 40503

cell end_of_the_skype_highlighting
land me -

Defense_UncIass__EmaiI_O971

02216345
30695

From:
Sent: Tuesday, November 8, 201 I 6:30 PM

To: Fein, Ashden USA sm

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


Did you receive my message regarding brirging Manning next Friday forlhe forensic portion of your brie?ng? Give me a call
tomorrow morning to discuss.

Best
David
Sent from my Verizon Wireless

Defense_Unclass_Email_O972

0291586
30696

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday, November 08, 2011 6:50 PM

To:
Subject: Re: US v. PFC BM (Discovery)

David. Thank you. I did not. I will call tomorrow to discuss.

Defense__UncIass_EmaiI_0973

0221 6344

Previously in Encl 1












From:

Sent: Wednesday, November 9, 2011 10:59 AM

To: Fein, Ashden CPT USA SJ A
too@annycourtm artialdefensecom; Paul Bouchard
Matthew kemkes


Cc: Eric Lakes Parra, Jairo A. WOI
USA SJA Ford, Arthur D.
W01 USA SJA

Subject: 18 November Meeting

Ashden,

Please advise whether the government will be able to coordinate a forensic brie?ng for BM on 18
November. Given the fact the defense forensic experts will need to travel along with myself, I would like to
have the meeting take place at 1 I00. After the briefing, the defense requests that BM be brought to the Fort
Myer TDS of?ces in order to meet with him and our forensic experts.

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

a) Internet Evidence Finder;
b) Chrome Analysis

Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

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

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



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

Defense_Unc|ass_Email_0974

02948633

Previously in Enci 1

From:
Sent:
To:
Cc:

Subject:

David,

Thank you .

conduct this briefing (location-NCR v. LVN-CAC, personnel, etc.).
briefing can occur and I should have an answer to you by 1400.

Fain, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday. November 09. 2011 1 1 :04 AM

?Paul
Bouchanf; Matthew kemkes; Morrow Ill, JoDean. CPT USA SJA
?Eric Lakes?; Petra, Jairo A. W01 USA
Ford. Arthur D. W01 USA SJA

RE: 18 November Meeting

we are working this morning to determine the best method to

This
I will call

you and we can discuss.

v/
Ashden

Defense_Unclass_EmaiI_0975

0221 6342
30699

From:

Sent: Wednesday, November 9, 20ll I 1:20 AM

To: Fein, Ashden CPT USA SJA
Cc: Eric Lakes . Parra, Jairo A. WOI










USA SJA
W01 USA SJA
Pau Bouc ar

Matthew kemkes Morrow JoDean. PT USA
A

Subject: [Suspected RE: 18 November Meeting



Ashden,

Sounds good. I400 will enable us to make reservations in advance whether it is at NCR or at Leavenworth.

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282




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

Defense_UncIass_EmaiI_0976


02948639
Previously in Encl 1

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

To:
Subject: 18 nov

David. 18 nov will work. I will send ?ollow?on email captur-ing our conversation earlier.

Vr ashden

Defense_Unc|ass_Emai|_0977

02216340
30701

From: Bouchard. Paul USA MIL (us)

Sent: Wednesday, November 9, 2011 6:30 PM

To: Trent Struttman
USA JFH -N SJA









Fein, Ashden CPT
Parra, lairo A.

WOI USA SJA Tooman,

Joshua] CPT USA MIL (US) Paul Bouchard
Cc:
Subject: RE: FW: US V. PFC BM, travel to Fort Leavenworth (UNCLASSIFIED)

lassifrcation: UNCLASSIFIED
Caveats: FOU0

CPT Fcin. Chief Pena:

BLUF: Need to coordinate travel to Fort Leavemworth. KS for Defense Computer Experts. Nov. I8 meeting

It is the Deferse's understanding that the Got-erruncnt?s case presentation to the accused will be held at Fort Leavenwonh in nine day
- Friday November I8. It is imperative that the Defense's computer experts. Eric Lakes and Trent Slruttmann attend this meeting.
Please read e-mail traffic below from Mr. Lakes regarding speci?cs. Eric and Trent are based out of Lexington. Kerrtucky. 'l1re_v'll
need to ?y out of Lexington and into Kansas City. Missouri. They'll then need a car rental and a hotel for their one-day stay.

Please keep me in the loop as to the travel arrangements for Eric and Trent.

Thanks.
Respectfully.
CPT Bouchard

Defense_Unc|ass_Emai|_0978



02933032

30702

From:
Semi:
To:

Cc:

Subject:

Paul,

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, November 09. 2011 6:32 PM

Bouchard, Paul CPT USA MIL (US) ?Trent Stuntman?; Parra.
Jaino A. W01 USA JFHQ-NCRIMDW ooman, ua 1' USA MIL ?Paul
Boucnanf; Feito, Beatnz SGT USA JFHQ- NCRIMDW SJA
Morrow JooeanPFC BM, travel to Fort Leavenworth (UNCLASSIHED)

He still start working this First thing tomorrow morning.

Ashden

Defense_Unclass_EmaiI_O979

02216338

From:
Sent:
To:

Cc:

Subject:

30703

Bouchard. Paul CPT USA MIL

Wednesday, November 9, 201 I 6:38 PM

Fein, Ashden CPT USA SJA
Trent Struttman

W01 USA SJA

Joshua] CPT USA MIL (US) .

eito. Beatriz SGT USA JFHQ- NC SJA






Morrow Ill, .IoDean, CPT USA IF HQ-
Ncwow sm A

FW: US V. PFC BM, travel to Fort Leavenworth (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOU0

Roger. Ashden
Many tharks.

Paul

Defense_Unclass_EmaiI_O98O



0291 5622

Previously SgB%i?led in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday, November 09, 2011 6:42 PM

To:

Cc: 'Kemkes. Matthew MAJ MIL 'Bouchard. Paul CPT USA MIL 'Tooman.Joshua

CPT MIL US USA Morrow JoDean, CPT USA JFHQ-NCRIMDW Ford.
Arthur D. W01 USA JFHQ-NCRIMDW SJA

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

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

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

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

following:

1. very condensed background facts section

2. Full forensic overview with detailed explanation

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

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

Thank you.

V/r
Ashden

Defense_Unc|ass_Emai|_0981

02191344
30705

From: Feito, Beatriz SGT USA JFHQ- SJA

Sent: Thursday. November 10. 2011 1:26 PM



cc: arm. euro . Fain, Ashden CPT USA

SJA

subject: Travel Authorization (UNCLASSIFIED)

Attachments: Authorizationpdf

Siam

Classification: UNCLASSIFIED
Caveats: FOUO

Good Afternoon,

Attached is the travel authorization for Mr. Trent Struttman.

Very Respectfully,

SGT Beatriz Feito

Paralegal NCO

Military District of Washington



Defense_Unc|ass_Emai|_0982

02217066
30706

From: sricLakesj



Sent: Thursday, November 10, 20]] 1:43 PM
To: Feito, Beatriz SGT USA JFHQ- SJA


Cc: Parra, Jairo A. W01 USA SJA

Fein, Ashden CPT USA SJA
Subject: re: Travel Authorization (UNCLASSIFIED)

Our address is Cyber Agents 616 Pasadena Drive - Lexington, KY 40503
Not 128 Southland Drive

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Bcaminer (CCE)
Certi?ed Homeland Security - Ill
MCSE, MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Dn've

Lexin ton KY 40503
cell-
land ine-

Defense_Unclass_Email_O983



30707



From: Fein, Ashden CPT USA SJA

Sent: Thursday, November 10, 2011 2:15 PM

To:

Cc: Morrow JoDean, CPT USA SJA
Subject: FW: Us v. PFC BM (Article 32)

David,

Are you available -For a conference call with LTC Almanza? I would like to
discuss with him his availability over the next 69 days (see below). we will
not discuss any substantive information. Thanks.

Ashden

Defense_U nclass_Emai|_0984

02949886

30708

From: Fein, Ashden CPT USA SJA

Sent: Thursday, November 10, 2011 2:18 PM

To: 'Bouchard, Paul CPT USA MIL

Cc: Feito, Beatriz SGT USA JFHQ- NCRIMDW Parra, Jairo A. W01 USA JFHQ-
NCRIMDW SJA

Attachments: re: Travel Autho?zation (UNCLASSIFIED) (3.21 Travel Authorization (UNCLASSIFIED)
(13.7 KB)

FYSA.

Defense_Unc|ass_Emai|_0985

02216336
30709

From:

Sent: Thursday, November I0. 201 1 2:29 PM

To: Fein. Ashden CPT USA SJA
Cc: Morrow Ill. JoDean, PT USA SJA


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


I am preparing to board a ?ig-ht. I request that we have the call anytime tomonmv. Also. with regards to next week's meeting at
Lcavcnwonlt your summary of our understanding is concct.

BesL

David
Sent from my Verizon Wireless BIackBeny

Defense_UncIass_EmaiI_0986

02916048
30710



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thuisday. November 10, 2011 2:31 PM

To:

Cc: Morrow1ll,JoDean, CPT USA JFHQ-NCRIMDW SJA

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

Thanks. Do you have an issue if I speak with him about his availability and
then capture it in an email with you and LTC Almanza included on the email For
him to confirm? Tomorrow is a federal holiday and he will likely not be at
work.

Or we can chat at 1768 with him, if you will be available?

Defense_Unc|ass_Emai|_0987

02916045 Previously Submitted in Encl 79
30711



From: Fein. Ashden CPT USA SJA

Sent: Thursday. November 10. 2011 3:52 PM

To: 'A|manza, Paul?

Cc: Morrow ill, JoDean, CPT USA JFHQ-NCRIMDW Ford, Anhur 0. W01 USA JFHQ-

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

Mr. Coombs is in transit. He might be available around 1730 today. If not,
are you available tomorrow -For a short ten minute conversation?

Thank you.

V/r
CPT Fein



02219478 Previously Submitted in End 79

30712
From: Almanza, Paul
Sent: Thursday, November 10, 201 4:00 PM
To: Fein. Ashden CPT USA SJA
Cc: Morrow .loDean, CPT USA SJA
Ford, Arthur D. W01 USA

SJA


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

Yes. [am available tomonow. other than I l-noon. As I'll be out of the office. I won?t have the ability to patch in a conference line.
I would. however. be available for a brief call at I730 today (my evening moeti ng is at 7 out in Rcston).
Sony for my relative urlavailzlaility today and tomonow

FYI. I'll be out of the of!? ice next Wednesday through Friday on official travel. but otherwise currently do not have leave or work
uavel plans other than 25. the Friday after Thanksgiving.

LTC Almamn

Defense_UncIass_EmaiI_0989



02216333 Previously Submitted in Encl 79

30713

From:

Sent: Thursday, November 10, 2011 7:25 PM

Almamfaul

Cc: Morrow 111, .loDean, CPT USA SJA

Ford, Arthur D. W01 USA
SJA Fein, Ashden CPT USA IF HQ-







SJA Matthew kemkes




Paul Bouchard



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

All,

I am sony that I haven't been able to respond sooner. am available anytime tomorrow a?er 1300. Also, I can
host the conference call on my 401-744-3007 number.

Best,
David

David E. Coombs. Esq.

Law Of?ce of David E. Coombs

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

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



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

Defense_UncIass_EmaiI_099O

Previously Submitted in Encl 79
30714



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, November 10. 2011 10:22 PM

To:

Cc: Monow Ill. JoDean. CPT USA JFHQ-NC ord, Arthur 0. W01 USA JFHQ-

~cR~?w Mavhew kemm

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

Gents,

I an available after 1300 as well. I propose a time 1600 on Monday so all can celebrate
Veterans day? If not available then tomorrow?

Thank you.

Vr CPT Fein

Defense_UncIass_Email_0991



Previously Submitted in Encl 79





02219475
30715

From: Almanza. Paul

Sent: Friday, November I 1, 20l I 6:55 AM

To: Fein, Ashden CPT USA SJA


Cc: Morrow JoDean, CPT USA SJA
Ford, Arthur D. WOI USA WHO-
Matthew kemkes
Subject: Re: [Suspected RE: US v. PFC BM (Article 32)

10 am on Monday works for me, and Happy Veteran's Day, all.

LTC Alma nza

Defense_Unclass_Emai|_O992

02216332

From:
Sent:
To:

Subject:

Hey!

30716

Paul Bouchard

Friday, November 11, 2011 7:07 AM
Walden, Alexander CW3 MIL USA OTJAG











Overgaard, Angel M. CPT LJSA SJ A

Ford, Arthur D. W01 USA SJA
Fein, Ashden CPT USA SJA
Feito, Beatriz SGT USA
Akers. William Mr CIV USA OTJAG





Carol A Ms CIV USA OTJAG

com? Ill _InDean CPT ITSA
SJA
Fwd: no more strict deadlines.

I missed the days when I was carefree ?nding this was such a relief this is proof that miracles do come true

imagine how happy you could be
l.html

talk to you later

Defense_Unclass_Email_0993

02216328 Previously Submitted in Encl 79
30717

From:
Sent: Friday, November 11, 20! I 8: I4 AM

Almam?|?






Cc: Morrow Ill, .loDean. CPT USA SJA

Ford, Arthur D. WOI USA
SJA Matthew kemkes
rein, Ashden CPT USA SJA
Subject: RE: [Suspected RE: US v. PFC BM (Article 32)
All,

1000 on Monday works for me as well. Just let me know which number I need to call on Monday.

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

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

Toll Free: I-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

unlawful and is prohibited.?

Defense__Unclass_Email_O994

02217065
30718

From Ericnakesj

Sent: Friday, November 1 I, 8:20 AM











To: Parra, Jairo A. wor USA SJA
Bouchard, Paul CPT
Fein, Ashden CPT USA SJA


Matthew kemkes Tooman, Joshua CPT USA MIL
(US) Feito, Beatriz SGT
USA JFHQ- SJA Ford, Arthur D.
W01 USA SJA

Subject: RE: US V. PFC BM (Here are the reservations we already booked once we had the set

date) (UNCLASSIFIED)

DTS has me locked in Ft Bragg for a Trial next week and they will not release so you can book my travel to Ft
Leavenworth.

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security - Ill
MCSE, MCP, Network Plus,
Cyber Agents, lnc.


616 Pasadena Drive

Lexington. KY 40503

cell-
land rne -





Defense_Unclass_Em aiI_0995

02948906 Previously Submitted in Encl 79
30719

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Fn'day, November 11, 2011 9:43 AM

To:

Cc: Morrow Jooean, CPT USA JFHQ-NC If ur . W01 USA JFHQ-

Matthew kemkes;
subject: Re; [Suspected RE: US v. PFC BM (Article 32)

Gents.

I will initiate the call at 1000. Please send the numbers you would like me to call. Thank
you.

Happy veterans day!

Vr
CPT Fein

Defense_Unclass_Emai|_0996

02191335
30720

From: Pana, Jairo A. wo1 USA SJA

Sent: Friday, November 11, 2011 1:57 PM
To: Fein, Ashden CPT USA SJ A

Subject: Re: US v. PFC BM (Here are the reservations we already booked once we had the set
date) (UNCLASSIFIED)

I'm working with Ft. Bragg. Do not make your own travel arrangements. I will take care of it.



JP

"Sent from my B|ackBerry".

From: Eric Lakes [mail
Sent: Friday, November 11, 2011 08:20 AM

To: Parra, Jairo A. WO1 USA Bouchard, Paul
CPT USA MIL (US) Fein, Ashden CPT USA

Matthew kemkes; Tooman, Joshua
CPT USA MIL (US) S: Feito, Beam?:
SGT USA JFHQ- Ford, Arthur D. W01 USA SJA

Subject: RE: US v. PFC BM (Here are the reservations we already booked once we had the set date) (UNCLASSIFIED)

DTS has me locked in Ft Bragg for a Trial next week and they will not release so you can book my travel to Ft
Leavenworth.

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security -

MCSE, MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive

Lexington, KY 40503

cell-
land line




Defense_Unclass_Emai|_0997



Previously Submined in Encl 79





02219470
30721

From: Ar-mam Paul

Sent: Sunday, November 13, 20] I 8: I8 PM

To: Fein, Ashden CPT USA SJA


Cc: Morrow JoDean, PT USA SJ A
Ford. Arthur D. WOI USA JFHQ-
Matthew kemkes

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

My number is

Thanks.

LTC Almanza

Defense_Unc|ass_Email_0998

02216327
30722

From:
Sent: Monday, November 14, 2011 11:27 AM

To: rem, Ashden USA






Cc: Morrow JoDean, CPT USA SJA
Bouchard,Paul CPT USA MIL (US)
Trent Struttman
Tooman,JoshuaJ CPT USA MIL (US)
Matthew kemkes
Dawn Hilton Joshua Mikkelsen
Subject: Fort Leavenworth Visit
Ashden,

Could you please ensure that the JRCF can arrange for me to visit PFC BM on 17 November at 1300 at the
Also, after the govemment's briefing on the 18 November, I request the PFC BM be taken to the TDS
offices on Fort Leavenworth in order to meet with me and the defense computer forensic experts.

Let me know if you have any questions or concerns.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282

ial . rn



"??'Con?dentia1ity 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_UncIass_Email_0999

02933238

30723

From:
Sent:
To:
Cc:

subject:

David,
Thank you.

v/r?
Ashden

Defense_UncIass_Email_1000

Fain. Asnden CPT USA SJA

Monday. November 14. 2011 11:28 AM



Morrow Ill. JoDean, CPT USA 8ouchard.PauI CPT USA MIL

Tnent Strut1man;Tooman,Joshua CPT USA MIL
Matthew em es; awn inon: Joshua Mikkelsen
RE: Fort Leavenworth Visit

we have already started the coordination and will continue.

02216326
Previously in Encl 1

From:
Sent: Monday, November 14, 2011 11:44 AM

To: Fein, Ashden CPT USA SJA





Cc: Morrow JoDean, CPT USA SJ A
Bouchard,Paul CPT USA MIL (US)

Tooman,Joshua CPT USA MIL US

Matthew kemkes
Subject: Article 32
Ashden,

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

Given the 10's availability, why don't we just agree today that the start day will be the 12th of December? This
will provide the government with 29 days of prep time. In other words, by starting the ball rolling today and
starting the prep for the security issues today, we can adjust the A's order to re?ect the work that has already
been done. This would avoid the need to work into Christmas or immediately after the New Year. It would
also avoid the likely difficult issues of trying to harness needed witnesses over the holiday period. How does

this plan sound to you?

Best,
David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angel] Street, #317
Providence, RI 02906
Toll Free: 1-800-588-4156
Local: (508)689-4616
Fax: (508) 689-9282



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

Defense_Unclass_Emai|_1001



02946126
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

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

To:

Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW Bouchard.Paul CPT USA MIL

Tooman,Joshua CPT USA MIL Matthew kemkes
Subject: RE: Article 32
David,

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

v/r
Ashden

Defense_Unclass_EmaiI_1002

02216324
30726

From: Bouchard. Paul CPT USA MIL (US)

Sent: Tuesday, November 15, 2011 8:29 AM





To: Matthew kemkes
Tooman, Joshua] CPT USA MIL (US)
Santiago, Melissa CW2 USA MIL (US)
Ganiel. Charles) USA CIV (US)
. Hall
asslus Mr FMMC (FTMYER)
Cc: Fein, Ashden CPT USA SJA
. Parra, Jairo A. W01 USA
SJA
Subject: Request from CPT Paul Bouchard (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

CPT Fein Chief Pana:

Just want to confirm we're okay on travel to Lea\'en\vonh for Eric Lakes and Trent Your presentation to our client is
slated for this Friday. 18 November. at Leavetmonh It's imperative that Eric and Trent attend this imponant ptcserlation.

Just want to know where we stand at this point.

Also. see note below. Apparently DTS has Mr. Lakes ?locked? at Fort Bragg.
Appreciate any feedback.

Thanks

Respectfully.
CPT Bouchatd

Defense_UncIass__EmaiI_1003



02921267

30727

From:

To:

Cc:
Subject:

Paul,

Thank you.

Fein, Ashden CPT USA SJA
Tuesday. November 15, 2011 8:48 AM

Bouchard, Paul usA MIL
at! ew em es; ooman, Joshua CPT USA MIL
Santiago. Melissa CW2 USA MIL Ganiel, Charles USA CIV Lillian

Smith; Hall Cassius Mr FMMC (FT MYER)
Parra. Jaim A. W01 USA SJA
2 eque rom aul Bouchard (UNCLASSIFIED)

we are tracking and Mr. Parra is working the issue with Bragg. we will ensure

that they are both there.

v/r
As hden

Defense_Unclass_EmaiI_1004

0221 6322

From:
Sent:
To:

Cc:

Subject:

30728

Bouchard, Paul CPT USA MIL (US)

Tuesday, November I5, 8:53 AM

Fcin, Ashden CPT USA SJA
coombs@am1ycourtmart1a ense.com; Matt ew em es

Tooman. Joshua CPT USA MIL (US)

Santiago, Melissa CW2 USA MIL (US)
Ganiel, CharlesJ USA CIV (US)
Lillian Smith












Cassius Mr FMMC (FTMYER)




RE: Request from PT Paul Bouchard (UNCLASSIFIED)

Ciassi?cation: UNCLASSIFIED

Caveats: FOUO

Roger.

Much appreciated.

Paul

Defense_U nc|ass_Email_1005



02949896

Previously in End 1

From:

sent: Tuesday, November 15, 2011 9:03 AM

To: Fein, Ashden CPT USA SJA

Cc: Bouchard,Paul USA MIL

att ew kemkes; ooman.Joshua CPT USA MIL Santiago, ellssa IL
(US)

Subject: Discovery Request

Attachments: Discovery Request - 15 Nov 11.pdf

Follow Up Flag: Follow up

Flag Status: Completed

Ashden,

I have attached the latest defense discovery request. Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 92906

Toll Free: 1-860-588-4156

Local: (598) 689-4616

Fax: (508) 689-9282



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

Defense_Unclass__EmaiI_1006

02936372

Previously in End 1

Ftom:
sent:
To:
Cc:

subject:

David,

Acknowledge receipt and we are starting to work immediately.

V/r
Ashden

Defense__UncIass_EmaiI_1 007

Fain, Ashden CPT USA SJA
Tuesday. November 15, 2011 9:08 AM


new em es; ooman.Joshua CPT USA MIL Santiago, elnssa IL
Bouchard.Pau! CPT USA MIL (US)

(US): Morrow Ill. JoDean, CPT USA SJA

RE: Discovery Request

Thank you.

02982728
30731

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, November 15. 2011 0:08 AM

To:

Cc= OPT USA MIL

anhew kemkes; 'Tooman,Joshua CPT USA MIL 'Santiago.Melissa CW2 USA
MIL Monow Ill. JoDean. CPT USA SJA
Subject: RE: Discovety Request
David,

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

v/r?
Ashden

Defense_U ncIass_Emai|_1 008



02923895

30732
From: Fein, Ashden CPT USA SJA
Sent: Tuesday, November 15, 2011 11:50 AM
To: Bouchard, Paul CPT USA MIL Matthew
kemkes; Tooman, Joshua CPT USA MIL Santiago, Melissa 8 CW2 USA MIL (US)
Cc: Morrow JoDean, CPT USA Parra, Jairo A. W01 USA JFHQ-
rucsumuovvssua
Subject: Phone Call
Paul,
Thank you for the phone call. To recap:
1. we will have your computer forensic experts travel ready for this week, as requested.
2. He will not answer (directly to your experts) any questions that your experts have

about the forensic information they have been provided. If there is additional evidence or
questions the defense needs answered, please submit discovery requests so we can track your
questions and give you appropriate responses.

3. Please send us the TDY dates you would like your forensic experts at Fort Meade, and we
will start working that travel as well.

Thank you.

v/r
Ashden

Defense_Unc|ass_Emai|_1009

02216318
30733

From: Bouchard, Paul CPT USA MIL

Sent: Tuesday, November 201 I 1:53 PM

To: Fein, Ashden CPT USA SJA
Matthew kemkes

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






Cc: Morrow Ill. JoDean, CPT USA SJA

Parra, Jairo A. WOI USA IFHQ-
SJA

Subject: Phone Call (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOU0

Thank you. Ashden

The TDY dates for the computer fotensic team to be here at Fort Meade are Dec. I-I6 (Sunday-Friday; the team wants Sunday to set
Up).

It's possible Eric alt! Trent want to drive here and not fly in pan because they want to bring a few more equipment items.

As soon as I know about the ?ying versus driving issue. I'll let you know.



Paul

Defense_Unclass_EmaiI_1010



02191171

30734
From: Feito, Beatriz SGT USA JFHQ- SJA
Sent: Tuesda . November 15, 2011 4:48 PM

coom armycounmama ense.com
Cc: Fein, Ashden CPT USA JFHQ-NCRIMDW Parra, Jairo A. W01 USA JFHQ-NCRIMDW
SJA
Subject: Travel Authonzations (UNCLASSIFIED)
Attachments: Lakes Au1hon?za1ion.pdf; Struttman authon?zation.pdf; Struttman I1inerary.pd1
S?uulay:

Classification: UNCLASSIFIED
Caveats: FOU0

Mr. Lakes I Mr. Struttman,

Attached are your travel authorizations and itineraries. Rental car has been authorized as
shown on the Itinerary for Mr. Struttman, you may want to contact avis to confirm the
reservation with a credit card.

very Respectfully,
SGT Beatriz Feito

Paralegal NCO

Military District of Washington



Defense_Unc|ass_Email_1011

02216317
30735

From: Bouchard, Paul CPT USA MIL (US)






Sent: Wednesday, November 16, 20]] 7:48 AM

Cc: Parra, Jairo A. W01 USA SJA

Fein, Ashden CPT USA SJA
Subject: RE: Phone Call (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Thanks, Trent.
Paul

Message--?

From: rm Struttrnann
Sent: Tuesday, November 15, 2()ll 8: 6

To: Boucharvd, Paul CPT USA MIL (US)
Subject: RE: Phone Call (UNCLASSIFIED)

Paul.
Go ahead and have them book a flight for very early on Sunday December 1 1th and return Friday the 16th inthe aftemoon Also

please have them reserve a rental car.

Thanks,
Trent

Cyber Agents, Inc.
616 Pasadena Dr
Lexington, KY
O?ice:
Mobile:






Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_1012

02938045

30736

Fnmn:
Sent
To:
Cc:

Subject:

Bouchard, Paul CPT USA MIL (US)




CPT USA SJA
RE: Phone Call (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO

Thanks, Trent.
Paul

Message-??--

From: Trent Struttmann mailto

Sent: Tuesday, November 15, 2011 8:26 PM
To: Bouchard, Paul CPT USA MIL (US)
Subject: RE: Phone Call (UNCLASSIFIED)

Paul,

Go ahead and have them book a flight For very early on Sunday December 11th and return Friday
the 16th in the afternoon. Also please have them reserve a rental car.

Thanks,
Trent

Cyber Agents, Inc.
616 Pasadena Dr
Lexington, KY
Office:
Mobile: +1






Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_Emai|_1013

Wednesday, November 16, 2011 7:48 AM

Parra, Jairo A. W01 USA Fein, Ashden



02916305 Previously Submitted in Encl 78
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesda November 16 2011 2:13 PM

To:

Cc: Matthew kemkes; Monvow JoDean, CPT USA
JFHQ-NCRIMDW 'Habertand,John CPT MIL
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA: Tooman. Joshua CPT MIL US
IJSAUURAIXDC

Subject: US v. PFC BM (Art 32 Restalt Delay)

Attachments: 111116-Request to Restart Art 32 and DeIay.pdf

hnponance: Iimh

Sir,

The United States requests iutediate action on this request to start (PLAN BRAVO.

Attached

is a request to restart the Article 32 investigation, and a request to exclude additional

time under the R04.

Thank you.

v/r
CPT Fein

Defense_Unclass_EmaiI_1014



02217215

Previously Submitted in Encl 78






Previously in Encl 1
Fro-n=
Sent: Wednesday. November 16, 20] I 2:23 PM
To: Fein, Ashden CPT USA
Cc: Matthew kemkes
Morrow JoDean, PT USA
Habe an 0 ngel
CPT USA Tooman
Joshua] CPT MIL US USA TRA
Subject: Re: US v. PFC BM (Art 32 Restart Delay)
Mr. Coombs.
Does the Defense have any consents??
VR
COL Colfman

Sent via by

Defense_UncIass_Email_1015

02216315 Previously Submitted in End 78
Previously Sg?itggted in Encl 1

From:
Sent: Wednesday, November 16, 2011 2:42 PM





Morrow I11, JoDean, CPT USA

Haberland,John CPT
Overgaard, Angel M. CPT USA IF HQ-

Fein, Ashden CPT USA

Paul Bouchard

Cc: Matthew kemkes
SJ A







SJ A







Joshua Tooman
Melissa Santiago -
Subject: [Suspected RE: US v. PFC BM (Art 32 Restart Delay)



Sir,

On Monday, I had a conversation with CPT Fein and LTC Almanza. We discussed the possible dates for the
restart of the Article 32, and the need for time for the Government to executed OPLAN Bravo. Later that day, I
sent an email to CPT ein requesting, in anticipation of your order to restart the Article 32, that the Government
begin its preparations so that you could order a restart on 12 December 201 1. Based upon the Government's
request today, it appears that nothing has been done between Monday and today. Additionally, the Government
has failed to provide you with any justification for the arbitrary 30-day-requirement in order to complete its
OPLAN Bravo.

The Defense requests that you order the restart to occur on 12 December 2011. This will provide the
government with 27 days to execute its OPLAN Bravo. By ordering the restart on 12 December 2011, you will
provide us with enough time to complete the hearing prior to the holiday period. This would avoid any issues
with obtaining needed witnesses or unnecessarily requiring some witnesses to cancel their previously scheduled

holiday plans.

Additionally, the Defense objects to the Government's request that you determine that the time period between
today and the actual restart date should be excludable delay under R.C.M. 707(c). This time period should
instead count against the Government for speedy trial purposes under Article 10 of the Uniform Code of
Military Justice.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282




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

Defense_Unclass_Email_1016

02216310
30740

From:

Sent: Wednesday, November 16, 20l I 3:37 PM

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

Maunoe Troy



Subject: RE: IM Call

CPT Fein,

Please see the email below from the JRCF. I wanted to make sure that there was not some sort of disconnect
given the fact we are planning to conduct a brie?ng at the JRCF on Friday with 1M BM. Given my inability to
speak with BM over the last two weeks, it is important that I be able to see him on Thursday to discuss the
presentation that will be given to him on the following day Please confirm that I will be able to meet with him
tomorrow and that our brie?ng is still scheduled for Friday.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local; (508) 689-4616

Fax: (508)689-9282



Notice: This transmission, including attachments, may contain confidential attomey-client
information and is intended for the person(s) or company named. If you are not the intended recipient, please

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

Defense_UncIass_EmaiI_1017

02216308
30741

From: Bouchard. Paul CPT USA MIL (US)

Sent: Wednesday, November 16, 20! I 4:14 PM


Cc: Fein, Ashden cm USA sm

Subject: RE: FW: Travel Authorizations (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOU0

Chief Farm:

11 was good talking to you on the phone. Thanks for arranging Eric and Trent's travel for this Friday.
As for their travel to Fort Meade (Dec. 11 to 16). that travel needs to be booked as well. Eric and Trent will be flying on the I lth. a
Sunday. They will need a car rental. Since the work will be at Fort Meade. I think its better that they fly from Lexington. Kentucky to

BWI in Baltimore and not DC or Dulles.

Thanks.

CPT Bouchard

Defense_U nc|ass_EmaiI_1018

02949251



30742

From:
Sent:
To:

Cc:
Subject:

David,

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Wednesday. November 16, 2011 4:50 PM


Matthew kemkes; Paui Bouchard; Joshua Tooman
RE: RE: IM Call

Please see below. You are good For tomorrow.

v/r?
Ashden

Defense_Unc|ass_Em ai|_1019



0291 5767

Previously Sggoligted in Encl 1

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday, November 16, 2011 5:03 PM

To:

cc: Matthew kemkes: Momow JoDean, CPT USA HaberIand,John

CPT MIL Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Paul Bouchard;
Joshua Tooman: Melissa Santiago

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

Attached is the periodic excludable delay accounting memorandum signed by the

v/r
Ashden

Defense_Unc|ass_Email_1020

02916079 Previously Submitted in Encl 79
Previously in Encl 1

A

From: Fein. Ashden CPT USA SJA

Sent: Wednesday, November 16. 2011 5:26 PM

To: Almanza, Paul

Cc: Matthew kemkes; Morrow JoDean, CPT USA
JFHQ-NCRIMDW Ovelgaand, Angel M. CPT USA JFHQ-NCRIMDW Paul
Bouchard; Joshua Tooman: Daniel W. SGT USA SJA

Subject: US v. PFC BM (Article 32)

Attachments: Delay of Article 32 Investigation.pdf; 111116-Special Instructions for
Article 32.pdf

hnpodanoo: I?gh

LTC Almanza,

Good afternoon. Attached you will -Find the order to restart the Article 32
investigation and special instructions associated with conducting the investigation.
Additionally, attached is a delay approval by the

The United States is working on Finalizing your administrative and security support. we are
receiving assistance from outside organizations so that you will have dedicated support. SGT
Naybright (CCed) is currently the paralegal assigned to assist you; however, there will be a
permanent replacement designated in the next Few weeks.

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

Thank you and have a good evening.

v/r
CPT Fein

Defense_Unc|ass_Emai|_1 O21

02948636
30745

From: Fein, Ashden CPT USA SJA
sent: Wednesday, November 16, 2011 5:32 PM
To: Paul Bouchald; Matthew kemkes; Morrow Ill,

JoDean, CPT USA SJA
cc: Ford, Anhur D. W01 USA JFHQ-NCRIMDW SJA
Subject: RE: 18 November Meeting
Paul,

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

v/r
Ashden

Defense_Unc|ass_Emai|_1022



02216306 Previously Submitted in End 79
Previously in Encl 1

From:

Sent: Wednesday, November 16, 20! 5:40 PM

To: Paul Almanza?- -

Cc: Matthew kemkes Morrow JoDean, CPT USA






Overgaard, Angel


Paul

M. CPT USA IFHQ-N
Bouchard ua oo an

ay ngin. Daniel w. SGT us?.
Fein, Ashden CPT USA JFHQ-






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

LTC Almanza,

The defense requests a start date of 16 December. Given the proximity to the holidays, the defense requests that
we conduct the hearing through the weekend of the 17 and 18th and into the following week. If the heating is
not completed by the 23rd, the defense requests that we resume the hearing on the 3 January 20l2.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

11 South Angeli Street. #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282



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

unlaw?tl and is prohibited.""

Defense_Unclass_Email_1023

02216304

30747

From: Boucha?i. Paul an USA MIL (us)





Sent: Wednesday, November 16, 201 I 5:37 PM
To: Fein. Ashden CPT USA SJA
Cc:

Subject: RE: l8 November Meeting (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Trerl

I need to come up with a written request regarding chrome and the intemet explorer software (please read below). I know Mr.

Coonbs had mentioned it in ane-mail. but the Government neeck a speci?c written request. Please inform me asap on you need

and why you need these two eoes or software.
Call me in nccesaryz
Thanks.

Paul

Defense_Unclass_Emai|_1024

02219467 Previously Submitted in Encl 79
30748

From: mam vellum

Sent: Wednesday, November I6, 201] 6:23 PM

To:

Cc: Matthew kern kes
SJA
M. CPT USA SJA









Morrow Ill, JoDean. CPT USA
Overgaard, Angel

SGT USA
Ashden CPT USA SJA

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



I regret that I can?t clearty read the documents on my biackbeny (I am on official travel out of the country). but I have
of course read the emails below.

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

Thanks.

LTC Almanza

Defense_UncIass_EmaiI_1025



02916075 Previously Submitted in End 79
Previously Sy?zmgted in Encl 1

From: Fain, Ashden CPT USA SJA

Sent: Wednesday, November 16, 2011 8:39 PM

To: Almanza, Paul;

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

M. USA
Waybna an . SJA

Subject: v. mcle

Sir,

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

v/r
CPT Fein

Defense_U nc|ass_EmaiI_1026

02216302
Previously in Encl 1

From:
Sent: Wednesday, November 16, 2011 8:27 PM

To: Fein, Ashden on USA
Morrow I11, JoDean, CPT USA




Cc: Paul Bouchard
Melissa Santiago
Subject: Discovery Request
Attach: Discovery Request 16 Nov 11.pdf
Ashden,

Please see that attached discovery request.

Best,
David

David E. Coombs, Esq.

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

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

Fax: (508)689-9282




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

unlawful and is

Defense_Unclass_EmaiI_1027

02936367
Previously in Encl 1

From: Fein. Ashden CPT USA SJA

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

To: Morrow JoDean. CPT USA JFHQ-NCRIMDW

SJA

Cc: Matthew kemkes:

subject: e: asoovety eques

David,

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

Vr ashden

Defense_U nclass_EmaiI_1028

02216299
Previously in Encl 1

From: Bouchard. Paul USA MIL (us)

Sent: Thursday, November 17, 201] 10:08 AM

To: Fein. Ashden CPT USA SJA
Matthew em es

Momow Ill, .loDean, CPT USA
I Tooman. Joshua CPT USA MIL (US)

Cc: Ford. Arthur D. WOI USA SJA

Santiago, Melissa CW2 USA MIL (US)
Subject: Defense request for software. US v. Manning (UNCLASSIFIED)
Attach: request software. signedpdf

Classi?cation: UNCLASSIFIED
Caveats: FOUO



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

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

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

E-mail me or call me if you have questions.
Timclinc: Eric and Trent will be doing their computer forensics here at Fon Mcadc in
My thanks in advance for this request.


Paul





02938106

Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Thursday, November 17, 2011 11:36 AM
To: 'Bouchard, Paul CPT USA Matthew
kemkes; Morrow ill. JoDean, CPT USA JFHQ-NCRIMDW 'Tooman, Joshua CPT
USA MIL
cc: Ford. Anhur D. W01 USA ?Santiago. Melissa CW2 USA MIL
Subject: RE: Defense requesi for software, US v. Manning (UNCLASSIFIED)

Paul,

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

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

Please provide clarification.
Thank you.

v/
Ashden

Defense_Unc|ass_Emaii__1030

02216295
30754

From: Bouchard. Paul CPT USA MIL (us)

Sent: Thursday. November I7, 20] I lI:53 AM





To: Fein. Ashden CPT USA SJA
Cc:
Matthew kemkes
Tooman, Joshua CPT USA MIL (US)
Santiago, Melissa CW2 USA MIL (US)
Subject: RE: Defense request for software, US v. Manning (UNCLASSIFIED)
Attach: request so?ware, signed.pdf

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Eric. Tncm:

Please read e-mail traf?c below from CPT Fern. He's requesting clari?cation on our latest software request. (Our request is attached).

Thanks.
Paul

Defense_Unc|ass_EmaiI_1031

0292451 1

30755



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, November 17, 2011 12:04 PM

To:

Cc: 'Kemkes, Matthew MAJ MIL Morrow Ill, JoDean, CPT USA SJA
Subject: FW: OPLAN Bravo Travel

David,

Good afternoon. Could you please see below. then would you like BM in the
local area prior to the Article 32? Thank you.

v/r
Ashden

Defense_Unc|ass_Em aiI_1032



02217064
Previously in Encl 1

mm: Eric Lakes

Sent: Thursday, November 17, 2011 12:21 PM
To: Bouchard, Paul CPT USA MIL (US) Fein, Ashden
CPT USA SJ A
Cc:




Matthew kemkes
Tooman, Joshua CPT USA MIL (US)

Santiago, Melissa CW2 USA MIL (US)

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

Chrome Analysis is licensed per machine.
We can purchase forthe case and charge back for the license if you prefer on that. It is 50 pounds per license

Chrome Analysis has to quote each purchase - awaiting their reply!

Eric Lakes
Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security -
MCSE, MCP, Network Plus,
Cyber Agents, Inc.
;cm

616 Pasadena Drive
Lexington, KY 40503

cell -
land ine -



Defense_Unclass_EmaiI_1033

02216293
30757

From:
Sent: Thursday. November I7, 201 |2:32 PM

To: Fein. Ashden cm USA sm

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

Subject: [Suspected RE: FW: OPLAN Bravo Travel (UNCLASSIFIED)

Ashden,

Please anange to have BM anive no later that the 14th and depart no earlier than the 24th. Thank you.

Best,

David

David E. Coombs. Esq.

Law Of?ce of David E. Coombs

11 South Angell Street. #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



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

Defense_Unclass_EmaiI__1034





30758

From: Kemkes. Matthew MAJ Mu. US
Sent: Thursday. November 17, 2011 12:

To: Daniel W. SGT USA SJA

Cc: Fein, Ashden CPT USA SJA: Morrow JoDean, CPT USA JFHQ-
NCRIMDW SJA: Foal, Arthur 0. W01 USA SJA: Santiago, Melissa
CW2 RES USA

subject: RE: DD200s (UNCLASSIFIED)

Attachments: DD Form 2005 (17 Nov 11).pdf

sinned By: SI

Classification: UNCLASSIFIED
Caveats: FOUO

SGT Haybright,

I opened the secret envelope you delivered today and there was only 1 CD.
The DD Form 290 (attached) says in block 14 there are 2 CD5. Block 7 says
there was only 1 record transmitted. In any event, I an only acknowledging
receipt of 1 secret CD.

Respectfully,
MAJ Kemkes

Defense_Unclass_EmaiI_1035

02216288

From:
Sent:
To:

Cc:

Subject:

30759

Bouchard. Paul CPT USA MIL (us)

Thursday, November 17, 201 1 2:37 PM

Fein. Ashden CPT USA SJA

Matthew kemkes
Tooman, Joshua CPT USA MIL (US)
Santiago. Melissa CW2 USA MIL (US)


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





Classi?cation: UNCLASSIFIED

Caveats: FOUO
Eric. Trent.

What about lntemet Evidence Finder? what's our approach them.

Thanks.
Paul

Defense_Unclass_EmaiI_1 036

02217063

From:
Sent:
To:

Cc:

Subject:

30760

Eric Lakes

Thursday, November 17, 201 1 2:57 PM

Bouchard, Paul CPT USA MIL
-, Fein, Ashden PT A SJA

Matthew kemkes
Tooman, Joshua CPT USA MIL (US)
Santiago, Melissa 5 CW2 USA MIL (US)





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

Sony all -just got back from Ft Bragg trial.

Chrome Analysis is licensed per machine.
We can purchase forthe case and charge back for the license if you prefer on that. It is 50 pounds per license.

Eric Lakes

vidence Fin has -

ii theirr I I

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security -

MCSE. MCP. Network Plus,
CyberAgents, Inc.


616 Pasadena Drive

Lexington, KY 40503



land line -

Defense_UncIass_Email_1037

02191116

30761

Waybright. Daniel W. SGT USA SJA

From:
Sent: Thursday. November 17. 20ll 3:l5 PM
To: Manhewkemkesn
Cc: Fein, Ashden CPT USA SJA
Ford, Arthur D. W01 USA SJA
Subject: RE: DD200s (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir.

You are ooneci. only one Secret CD was delivered

We will deliver the second copy of the CD to you Monday.
V/r.

SGT Daniel

Military Justice Paralegal

MDW-JFHONCR. Fon McNair DC
COM

Defense_UncIass_EmaiI_1038



30762

From: Bouchard. Paul a USA MIL (us)

Sent: Thursday, November 17, 201 1 S:l2 PM

To: Fein. Ashden CPT USA SJA
Matthew kem es

Morrow JoDean, CPT USA

Tooman, Joshua] CPT USA MIL (US)




SJA






Cc: Ford, Arthur D. WOI USA SJA
Santiago. Melissa 8 CW2 USA MIL (US)
Subject: Defense request for software. US v. Manning (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden:

Chrome Analysis is not but more imponantly. the reason we're requesting it is it was mentioned in your brief.
Pm still waiting to hear on Internet Evidence Finder. Once I get I'll send you a reply.

Thanks.

Paul

Defense_Unc|ass_EmaiI_1039



02216284
30763
From:
Sent: Thursday, November 17, 2011 6:11 PM

To: Fein, Ashden USA
Morrow JoDean, CPT USA
?ab?"a"d





Subject: eetmg
Ashden,

Please provide me with the time and location for tomorrow's meeting. Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



"?*?Conf1den1iality Notice: This transmission, including attachments, may contain confidential attorney-client
information and is intended for the person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be
unlawful and is

Defense_U nclass_EmaiI_1040

30764



From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday. November 17. 2011 9:35 PM

To: 'coom arm Morrow Ill. JoDean. CPT USA

sJA:1oh

Cc: Matthew kem es;

subject: Re: Meeting

David,

Please meet SGT Feito in the back of building 77 (post HQ) on the corner of grant and
reynolds (3d stoplight through main gate on right). BM will be there at 1030.

vr ashden

Defense_UncIass_Emai|_1041



02948640 Previously Submitted in End 79
30765

From: Fein, Ashden CPT USA SJA

Sent: Friday, November 18, 2011 2:19 PM

To:
Subject: 16 Dec

Sir. Mr Coombs and I spoke this morning and are not sure whether you confirmed we would start
on the 16th. Could you please confirm. Thank you.

Vr CPT Fein

Defense_Unclass_Emai|_1042





02190723

30766

From: Encuakesm

Sent: Saturday, November 19, 201] 3:09 PM

To: Parra, Jajro A. WOI USA SJA
Cc: Bouchard, Paul CPT MIL USA

Subject: RE: US v. PFC BM (Here are the reservations we already booked once we had the set

date) (UNCLASSIFIED)
Attach: 1st Meeting Travel.doc; Ft Leavenworth 1.j pg; Ft Leavenworth 2.jpg; Ft Leavenworth

3.jpg; Manning Meeting 1.jpg; Manning 1st Meeting 2.jpg; Manning Meeting
3.Jpg; Manning 1st Meeting 4.Jpg

Attached are all the receipts for both travel times - Baltirnore/Meade/DC and Ft Leavenworth

Eric Lakes
Digital Forensic Examiner
Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security - Ill
MCSE, MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive
Lexington, KY 40503

cell -
land me -

Defense_Unclass_EmaiI_1043

02916071 Previously Submitted in End 79
30767

From: Fein. Ashden CPT USA SJA

Sent: Monday. November 21, 2011 7:41 AM

To: Almanza. Paul;

Cc: Matthew kemkes; Morrow Jooean. CPT USA Overgaatd, Angel
M. CPT USA JFHO-NCRIMDW SJA:
wayong t. an . SJA

Subkun: v. Ann

Sir,

Good morning. The United States does not object to starting the Article 32 on 16 Dec and
working through the weekend. Does that date work For you and if so, we would like to start
making the administrative plans to execute Day 1 on 16 Dec. Thank you.

v/r
CPT Fein

Defense_UncIass_Ernai|_1044



02938101
30768

From: Fein, Ashden CPT USA SJA

Sent: Monday, November 21, 2011 7:43 AM

To: Bouchand, Paul CPT USA MIL Matthew

kernkes; Momow Ill. JoDean. CPT USA Tooman, Joshua CP
USA (US)

cc: Ford, Arthur D. W01 USA JFHQ-NCRIMDW SJA: Santiago. Me?ssa CW2 USA MIL (US)
Subject: RE: Defense request for software. US v. Manning (UNCLASSIFIED)

Paul,

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

v/r

Ashden

Defense__Unc|ass_Emai|_1045



02216281
30769

From; Bouchard. Paul USA MIL (Us)

Sent: Monday, November 201 I 8:15 AM
To: Fein. Ashden CPT USA SIA
Matthew em es
Morrow JoDean, CPT USA
SJA Tooman. Joshua CPT USA MIL (US)

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






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

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden:
We can discuss but probably mid-to-latc afternoon. I'm still waiting to hear from Eric r/c Evidence indcr.
I will call you or c-mail you.


Paul

Defense_Unc|ass_Email_1046

0221 6280

From:
Sent:
To:

Subject:

hey there.

30770

Paul Bouchard

Monday, November 21, 2011 8:28 AM
Walden, Alexander CW3 MIL USA OTJAG











Overgaard, Angel M. CPT USA SJA
Ford, Arthur D. W01 USA SJA

Fein, Ashden CPT USA SJA
Feito. Beatriz SGT USA IFHO-

William Mr CIV USA OTJAG






Graddick. Carol A Ms CIV USA OTJAG

Callicott, Christopher A
USA CPT USA CENTCOM TDS

Morrow JoDean,
CPT USA SJA






DRO-TVL-




Look what i

I miss you so much This is for your eyes only

hgp://gasadgann ada.

ya.

Defense_Unc1ass_Emai|_1 047

02927329
30771

From: Fein, Ashden CPT USA SJA

Sent: Monday. November 21 . 2011 8:53 AM

To: Paul Bouchard

Cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Feito, Beatriz SGT USA JFHQ-

ovetgaand, Angel M. CPT USA JFHQ-NCRIMDW Ford, Arthur D.
W01 USA JFHQ-NCRIMDW SJA
subject: RE: Look what i

Paul,

Please remove members of the US v. BM prosecution from your email distribution list. Thanks.

Ashden

Defe nse_U nciass_EmaiI_1 048

02938096
30772

From: Fein, Ashden CPT USA SJA
Sent: Monday, November 21. 2011 8:54 AM
To: Bouchatd. Paul CPT USA MIL Matthew
kemkes; Momow Ill. JoDean. CPT USA Tooman, Joshua CPT
USA MIL (US)
Cc: Ford, Arthur 0. W01 USA JFHQ-NCRIMDW Santiago. Melissa CW2 USA MIL
subject: ense reque or so re. v. (UNCLASSIFIED)

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

Defense_Unclass_Emai|_1049

02216279

30773





From Paul
Sent: Monday. November 20H 8:57 AM
To: Fcin. CPT USA
Cc: Morrow Ill, JoDean, CPT USA SJA
Feito. Beatriz SGT USA JFHQ- SJA
Overgaard, Angel M. PT USA JA
Ford. Arthur D. won USA SJA
Subject: Re: Look what i
Rogcr.
Paul

Defense_Unc|ass_EmaiI_1050



02216278
30774

From: Paul Bouchard
Sent: Monday, November 21, 2011 9:01 AM

To: Andrea CPT USA MIL (US) Saglimbene Fein,
Ashden CPT USA IF SJA Tony
Overgaard, Ange . . -. orrow oean, I 0? II SJA
Callicott, Christopher A USA CPT USA




.
coombs@annycourtmartia ense.com
Subject: Message from CPT Paul Bouchard

All:
I've been hit with some spam mail; I'm taking remedial measures. Please ignore the latest spam mail that was

sent out from my account.
VR
CPT Bouchard

Defense_Unclass_Email_1051

02216277
30775

From: Paul Bouchard








Sent: Monday, November 21, 2011 9:02 AM

To: Fein, Ashden CPT USA
Subject: Message from CPT Paul Bouchard

All:

I've been hit from some spam mail; I'm taking remedial measures. Please ignore the latest spam mail that was

sent out from my e-mail account.

CPT Bouchard

Defense_Unc|ass_Email_1052

Previously Submitted in Encl 79

02219464
Previously Sgg?i?ted in Encl 1

Fr?m= /?Imam Paul

Sent: Monday, November 20] AM

To: Fein. Ashden CPT USA SJA



Cc: Matthew kemkes
SJA
M. CPT USA






Morrow Ill, JoDean, CPT USA






Waybright, Daniel W.




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

CPT Fein -

Thank you. We will start on 16 Dec and will wont though the weekend on 17-18 Dec am into the following week. Any objection to
the Defense's suggestion tlat if the heating is not concluded by 23 Dec. we reconvene on Tues 3 Jan??

LTC Almanza

Defense_Unclass_Email_1053



02916059 Previously Submitted in Encl 79
30777

From: Fein, Ashden CPT USA SJA

Sent: Monday, November 21. 2011 10:20 AM

To: Almanza. Paul;

Cc: Matthew kemkes; Momow Ill, JoDean CPT USA SJA- Ove aard A I

M. CPT USA SJA:
Waybnohl. Daniel W. SGT USA JFHQ-NCRIMDW SJA
Subject: RE: US v. PFC BM (Anicle 32)
Sir,

The United States does not object to a delay between 24 Dec 11 and 3 Jan 12, assuming the

defense intended that we continue to work until C08 on the 23d.

The United States requests

that you exercise your authority to exclude this time as reasonable excludable delay under

RCM

v/r
CPT Fein

Defense_Unclass_EmaiI_1054



0221 6273

From:

Sent:

To:
Cc:

Subject:

30778

Bouchard, Paul cm USA MIL (us)

Monday, November 201 AM

Fein. Ashden CPT USA SJA



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

Classi?cation: UNCLASSIFIED

Caveats: FOUO
Ashden:

I should an answer for you on the oomptucr stuff around 1600 today

I'll call you.

Sony about that spam email from my yahoo account. I'm taking remedial measures.


Paul

Defense_Unc|ass_EmaiI_1055

30779



From: Bouchard. Paul USA MIL (Us)

Sent: Monday, November 2t, 20] I 2:57 PM

To: Fein, Ashden CPT USA SJA
Cc:


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

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden:

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

As to the Chrome Analysis. it's a relatively inexpensive so?ware product (some $75.00). The reason we're requesting it is because
Chmme and/or Chrome browser was mentioned in your presemaion.

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

Thanks.

Paul

Defense_Unclass_Email__1056

Previously in Encl 1



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

Morrow JoDean, CPT USA JFHQ-NC ur . -
SJA
Subject: RE: Defense request for software. Us v. Manning (UNCLASSIFIED)

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

Defense_Unclass_Email_1057

From:
Sent:
To:
Cc:

Subject:

30781

Bouchard. Paul cm USA MIL (Us)

Monday, November 20] I 3:13 PM
Fein, Ashden CPT USA SJA

mbs(zDann counmartialdefensecom;
Morrow JoDean, CPT USA SJ A
Ford. Arthur D. WOI USA JFHQ-





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

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Roger.

Will call soon.

Paul

Defense_Unc|ass_EmaiI_1058

0219082

30782.

From: Feito, Beatriz SGT USA JFHQ- SJA

sent: Monday. November 21. 2011 5:33 PM

To:

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

Parra. Jairo A. W01 USA

subject: FW: Travel Reimbursement (UNCIASSIFIED)

Attachments: dd1351-2.

suunuiay:

hnponanoe: l?gh

Classification: UNCLASSIFIED
Caveats: FOU0

Mr. Lakes Mr. Struttman,

Per the previous email below we cannot submit For reimbursement of travel
expenses until a completed and signed DD1351-2 is provided. we must receive
required receipts for expenses claimed. Required receipts include hotel,
airFare, rental car, and anything over $75. Receipt you previously provided
For 1st meeting does not meet requirements since it does not break down the
per traveler expense of hotel, airfare, and rental car. Please provide the
requested documentation so that we may submit for reimbursement of travel
expenses.

very Respectfully,
SGT Beatriz Feito

Paralegal NCO
Military District of Washington

Defense_Unc|ass_EmaiI_1059

02216263
30783

From: Bouchard, Paul RCPT USA MIL (mew

Sent: Monday, November 21, 2011 6:06 PM

To:
Cc: Fein, Ashden on USA SJA

Subject: Tomorrow's teleconference (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Eric:

Does 0900 work for you for the teleconference with Ashden?
Let me know in advance.

I'm at work early.



Paul

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_EmaiI_1060



0221 7062

30784

From: Encnakesn

Sent: Monday, November 21, 2011 6: 13 PM

To: Bouchard, Paul CPT USA MIL (US)

Cc: Fein, Ashden cm" USA sm
Subject: re: Tomorrow's teleconference (UNCLASSIFIED)

Yes

Eric Lakes

Digital Forensic Examiner

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


616 Pasadena Drive

Lexington. KY 40503

cell-

land me -

Defense_UncIass_EmaiI_1061

0291 8237

From:
Sent:
To:

Cc:
Subject:

Great.

Defense_UncIass_Emai|_1 062

we can teleconference at 0900.

30785



Fain, Asnden CPT USA JFHQ-NCRIMDW SJA
Monday. November 21. 2011 6:15 PM

Bouchard, Paul CPT USA MIL (US)
Morrow JoDeen, PT USA SJA
RE: Tomonov/s teleconference (UNCLASSIFIED)

Thank you.

Please call

02217061
30786

From: Eric Lakes
Sent: Monday, November 21, 201 1 6:16 PM
To: Feito, Beatriz SGT USA JFHQ- SJA






mm
Cc: Fein, Ashden CPT USA SJA
Ford, Arthur D. W01 USA SJ

Parra, Jairo A. W01 USA
I



Subject: re: FW: Travel Reimbursement (UNCLASSIFIED)

I sent you a breakdown forthattrip at the bottom of the document. Just divide by 2 if you need per person. I emailed you
all of our receipts from both trips - did you get them all?

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security -

MCSE. MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive

Lexington, KY 40503

cell-
land 1




Defense_U nclass_Emai|_1 O63

02941690

30787

From:
Sent
To:
Subject:

Paul-

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Tuesday, November 22, 2011 9:15 AM
Bouchard, Paul CPT USA MIL (US)
conference

Are you going to initiate the phone call?

Defense_Unclass_EmaiI_1064

02216262
30788

From: Bouchard, Paul cm USA MIL (Us)

Sent: Tuesday, November 22, 201 I 9:2! AM

To: Fein. Ashden CPT USA SJA
Cc= 2

Subject: RE: conference (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Yes.

Calling soon.
Paul

Defense_Unc|ass_EmaiI_1065



02190811

30789

Defense_U nc|ass_Email_1 066

From: Feito, Beatriz SGT USA JFHQ- SJA

Sent: Tuesday. November 22. 2011 11:33 AM

To:

Cc: em, en Foni, Atthur D. W01 USA

Parra, Jaino A. W01 USA

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)
Attachments: dd1351-2.pdf

Siam Bv=

Classification: UNCLASSIFIED

Caveats: FOU0

Mr. Lakes,

Per D00 FMR 7000.14-R Volume 9 Chapter 2, "the Entry Agent (SGT
Feito) MUST electronically Fax or upload the traveler's signed (the
traveler's written signature) DD Form 1351-2, "Travel Voucher or
Sub-voucher," to be attached to the DTS vouchers"

The DD Form 1351-2 is where you would itemize all the expenses of your trip
and MUST be filled out by each traveler, I cannot simply divide by 2 as you
are suggesting.

Your compliance with Travel regulations will allow timely heinbursement of
your travel expenses.

Very
SGT Beatriz Feito

Paralegal NCO
Military District of Washington

02933078

30790

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Tuesday. November 22, 2011 11:36 AM

To:

Subject: - FW: FW: Travel Reimbursement (UNCLASSIFIED)
Attachments: dd1351-2.pdf

FYSA.

Defense_U ncIass_EmaiI_1 O67



02217059
30791

From Eric Lakes?

Sent: Tuesday, November 22, 2011 11:42 AM
To: Feito, Beatriz SGT USA SJ A

Cc: Fein, Ashden USA sm

Ford, Arthur D. W01 USA SJA
Parra, Jairo A. W01 USA


SJA

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)




Since the reimbursement is to Cyber Agents, Inc. do we two of these forms ?lled orjust one?

En'c Lakes

Digital Forensic Examiner

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


616 Pasadena Drive

Lexington, KY 40503

cell -
rne -

land



Defense_Unclass_Emai|_1068

02933076

30792
From: Fein, Ashden CPT USA SJA
I Sent: Tuesday. November 22, 2011 11:49 AM
. To: Feito, Beatriz SGT USA JFHQ- SJA
Cc: ord.Ar1hur . 1 Parra, Jairo A. W01 USA JFHQ-

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)
Eric,

Each individual must submit a travel voucher for their individual travel. The fees for your
expert service should be paid to Cyber Agents under the U56 contract with Cyber Agents.
Travel is a personal expense and reimbursed separately through DTS.

Once these forms are filled out, as per SGT Feito's instructions, you will be
reimbursed for your expenses. we received special authorizations, in this case, to speed up
this process to ensure you and all other experts, witnesses, and USG employees are paid.
This process is in response to your original concerns that it might take six months to get
reimbursed, like in the example you gave about the USMC.

v/r
Ashden

Defense_Unc|ass__Emai|_1 069

0221 7058
30793

From Eric Lakes



Sent: Tuesday, November 22, 20! I I I254 AM
To: Fein, Ashden CPT USA SJA
Cc: Ford. Arthur D. WOI USA SJA
Parra, Jairo A. WOI USA
JA
coom annycourtmam 6 ense.com

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)

We are a corporation and the payments all go back to the company not the individual because the Conpany paid for the
expenses.

En'c Lakes

Digital Forensic Examiner

Cettitied Computer Examiner (CCE)
Cenified Homeland Security -
MCSE. MCP, Netwont Plus,
Cyber Agents. Inc.


616 Pasadena Drive

Lexington, KY 40503

oel -
land ne -



Defense_Unclass_EmaiI_107O



02190809

30794
From: Fold, Anhur D. W01 USA JFHQ-NCRIMDW SJA
sent: Tuesday. November 22. 2011 12:38 PM
To: Fein, Ashden CPT USA JFHQ-NCRIMDW Feito, Beatriz
A FH SJA
Cc: Parra. Jairo A. W01 USA JFHQ-NCRIMDW

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)
I

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Lakes,

we understand that CyberAgents, Inc. is a corporation. However,

travel is not a part of the contract that we have with Cyber Agents, Inc.

At your request, we kept travel expenses separate, so that you could get
paid For your travel faster. Therefore, travel was completed through DTS.
The travel reimbursements are individual transactions, and will only be paid
to you and Mr. Strutman personally. DTS will not allow us pay it directly
to a third party. Please submit the requested documents so that we can get
you paid. Thanks.



Arthur Ford

wo1, JA

Legal Administrator
Comm:

BB:

Defense_U nclass_Email_1 07 1

02922300
30795

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, November 22, 2011 3:45 PM

To:

Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: Quick Chat

David,

Are you available for a quick conversation today referencing administrative matters? Thanks.

v/r

Ashden

Defense_Unc|ass_Emai|_1072

02216261
30796

From:
Sent: Tuesday, November 22, 20] 1 4:23 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Morrow oDean, FT USA
SJA

Subject: [Suspected RE: Quick Chat

Ashden,

I tried calling you on your cell, but you were not available. I could talk now if that works for you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-588-4|56

Local: (508)689-4616

Fax: (508)689-9282



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

unlawful and is prohibited.??

Defense_Unclass_EmaiI_1073

02949115
30797

From: Fain, Ashden CPT USA SJA

Sent: Tuesday. November 22. 2011 4:24 PM

To:

Cc: Matthew kemkes; Momow Jooean, CPT USA SJA
Subject: RE: [Suspected RE: Quick Chat

David,

Thank you. Can you please call my work number at

Defense_U ncIass_EmaiI_1 074





02216257 Previously Submitted in Encl 79
Previously Sggp?iged in Encl 1

From:
Sent: Tuesday, November 22, 2011 5:46 PM
To: Paurmmanzam

Cc: Matthew kemkes Paul Bouchard
Joshua Tooman
en
Morrow 1H, JoDean, CPT USA
Melissa Santiago

Subject: Defense 505(h)(3) Notice

Attach: 505(h)(3) Notice.pdf

LTC Almanza,









Please see that attached defense notice.

v/r

David

David E. Coombs, Esq.

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

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

Fax: (508)689-9282




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

Defense_Unclass_EmaiI_1075

02939026 Previously Submitted in Encl 79
30799

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, November 22, 2011 5:58 PM

To: Paul Almanza

Cc: Matthew kemkes; Paul Bouchard; Joshua Tooman; Morrow JoDean, CPT USA JFHQ-

NCRIMDW Melissa Santiago
subfect: RE: Defense 505(h)(3) Notice
sin,

The United States acknowledges receipt.


CPT Fein

Defense_Unctass_EmaiI_1076








02215243 Previously Submitted in End 79
Previously in End 1

From:
Sent: Tuesday, November 22, 20] 4: 12 PM
To:
Cc: Matthew kemkes Morrow Ill, JoDean, CPT USA

SJA Ove aard, Angel

M. CPT USA SJA

Way right, Daniel W.
Fein.

Ashden CPT USA SJA
Subject: Defense Request for Evidence
Attach: Defense Evidence Request.pdf
LTC Almanza.

Please see the attached request for evidence production.

v/r
David

David E. Coombs, Esq.
Law Of?ce of David E. Coombs
ll South Angeli Street, #317

Providence, RI

02906

Toll Free: 1-800-588-4156

Local: (503) 689-4616

Fax: (508)689-9282



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

unlaw?il and is

prohibited.??

Defense_U nc|ass_EmaiI_1077

02216244
Previously in Encl 1

From: Bouchard. Paul CPT USA MIL (US)

Sent: Tuesday, November 22, 20! I 6:16 PM

To: Fein. Ashden CPT USA SJA
Cc:

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

Classi?cation: UNCLASSIFIED
Caveats: FOUO



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

Thanks.
Paul

Defense_UncIass_EmaiI_1078

02938110
30802

From: Fein. Asnden CPT USA SJA

sent: Tuesday, November 22. 2011 7:00 PM

To: Bouchard, Paul CPT USA MIL (US)

Cc:

Monow Jooean, CPT USA SJA
Subject: RE: Defense nequesl for software. us v. Manning (UNCLASSIFIED)
Paul,

Thank you. Happy Thanksgiving.

v/r
Ashden

Defense_Unc|ass_EmaiI_1079

02219460 Previously Submitted in Encl 79





30803
From Nmam Paul
Sent: Wednesday, November 23, 201 I 3:28 PM
To: Fein. Ashden CPT USA
SJA
Cc: Matthew kemkes . Morrow Ill, .loDean, PT USA
SJ A Overgaard, Angel

M. CPT USA JFHQ-N




A A
Subject: RE: Defense Request for Evidence

Thank you, Mr. Coombs.
CPT Fein, I'd appreciate any government response to this defense request by C08 Wed Nov 30.

I note for all that I have only been provided with procedural documents and the charge sheets. Accordingly, I do not yet
know which witnesses I intend to have present at the investigation, or what evidence I intend to consider. I will thus
shortly be sending out a noti?cation letter that simply says I'll be providing that information by December 7. As we
discussed, the hearing will start on 16 Dec; while we didn't specifically mention a time, I assume there's no objection to
0830.

One other housekeeping question: other than Mr. Coombs and CPT Bouchard, are there any other defense counsel on
the case? I see CPT Tooman on the addressee list, but the online directory doesn't list him as being in TDS.

LTC Almanza

Detense_Unc|ass_Email_1080



From:
Sent:
To:

Cc:

Subject:

Previously Submitted in Encl 79
30804

Almam Pau'?

Wednesday, November 23, 20! I 3:30 PM

Almanza. Paul
Fein. Ashden CPT USA SJA

Matthew kemkes
SJA
M. CPT USA SJA






Morrow .loDean, PT USA





Waybright. Daniel W.




SGT USA SJA
RE: Defense Request for Evidence

I neglected to note that I've also been provided with an ERB. Sorry for the omission.

LTC Almanza

Defense_Unc|ass_Emai|_1081

02216236 Previously Submitted in Encl 79
30805

From:
Sent: Wednesday, November 23, 20! 3:36 PM








Morrow Ill, JoDean, CPT USA
Overgaard, Angel

Cc: Matthew kemkes
A
M. CPT USA SJA





SGT USA SJA Fem?.
Ashden CPT USA SJA

Subject: [Suspected RE: Defense Request for Evidence

LTC Almanza,

The defense does not have an objection to a 0830 start. The TDS counsel detailed to this case are MAJ Kemkes
and Bouchard. PT Tooman has not been detailed to the case. Instead, he has been assigned to assist
the defense given his duty location.

v/
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street. #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282




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

Defense_UncIass_EmaiI_1082

02219451

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 79
30806

Almam Paul

Wednesday. November 23, 20|l 3:37 PM


Matthew kemkes
SJA
M. CPT USA SJA

Morrow 111, oDean. CPT USA
Overgaard, Angel











SGT us?. SJA
Ashden CPT USA SJA

RE: Defense Request for Evidence

Thank you, Mr. Coombs.

Defense_Unc|ass_EmaiI_1083

02219444 Previously Submitted in Encl 79
30807

Fro-"= ?mam Pan?

Sent: Wednesday, November 23, 201 4: 7 PM








To: Matthew kem kes
ein, Ashden CPT
-
Cc: Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
SJA
Daniel W. SGT USA SJA


Subject: RE: Defense Request for Evidence

Attach: art_32_not_|tr_l I 23 I l_l .pdf

All-

Please find attached the notification letter I mentioned in my email below.
May all of you have a Happy Thanksgiving.

LTC Almanza

Defense_U nclass_EmaiI_1084

02938167 Previously Submitted in End 79
30808


From: Fein, Ashden CPT USA SJA
Sent: Fnday. November 25, 2011 1:16 PM
To: Almanza, Paul; Matthew kemkes;
Cc: Morrow JoDean, CPT USA Overgaand, Angel M. CPT USA
Waybrighl, Daniel w. SGT USA
JFHQ-NCRIMDW SJA
Subject: RE: Defense Request for Evidence
Sir,

Thank you. The United States will respond by C08 Ned, 30 Nov. Additionally, the United
States recommends that we have an 882-like conference starting at 0836 and then go on the
record at 0900.


CPT Fein

Defense_Unc|ass_Email_1 085



0291 5889

30809

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, November 27, 2011 1:01 PM

To:

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

Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA:
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Ford, Anhur D. W01 USA JFHQ-
?Melissa Santiago?
Subject: US v. PFC BM (Discovery)

David and Kemkes,

on Friday, we sent to you (tracking 7910 1960 6601 1274 4033) and delivered to MAJ Kemkes
unclassified discovery (BATES: 00378650-08407990). These documents are the GOMORs and their
supporting material issued by the CG, LVN-CAC as adverse action stemming the AR 15-6
investigation he conducted.

Additionally, the supplies you requested (two sets of toner and shredder) are available for
pickup anytime tomorrow and the rest of the week.

v/r
Ashden

Defense_Unclass_Emai|_1086



02981137

30810

From: Fein, Ashden CPT USA SJA

Sent: Sunday, November 27, 2011 1:01 PM

To:

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

Morrow Ill, JoDean, CPT USA
Overgaard. Angel M. CPT USA Ford, Arthur D. W01 USA JFHQ-
?Melissa Santiago?
Subject: US v. PFC BM (Discovery)

David and MAJ Kemkes,

On Friday, we sent to you (tracking 7610 1060 6661 1274 4633) and delivered to MAJ Kemkes
unclassified discovery (BATES: 00378656-06467996). These documents are the GOMORs and their
supporting material issued by the CG, LVN-CAC as adverse action stemming the AR 15-6

investigation he conducted.

Additionally, the supplies you requested (two sets of toner and shredder) are available for
pickup anytime tomorrow and the rest of the week.

v/r
Ashden

Defense_Unclass_Email_1087

02216235
30811

From: Bouchard, Paul cw us?. MIL

Sent: Monday, November 28, 20! I 8:30 AM

To: Fein. Ashden USA

Subject: RE: congrats! (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden:

Congrats to you as well. I'll send our so?warc request later today.
Hope you had a good Thanksgiving.

Best.

Paul

Defense_Unc|ass__EmaiI__1088



02219438 Previously Submitted in fine! 79
30812

From: Almanza, Paul

Sent: Monday, November 28, 201 I AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes

Morrow Ill, JoDean,
Overiaard. Aniel M. CPT USA JF - I
Subject: RE: Defense Request for Evidence

Thank you. CPT Fein. I think an 802-like conference before we begin on I6 December makes serse.

Also. if possible I'd like to rexiew the documentary evidence befote the hean'ng. Would you be able to suppon that if I were at Fon
Mcadc (or McNair. if that's more convcnictl) from 12-15 December?

LTC Almanm

Defense_UncIass_EmaiI_1089

02190779

30813

From:
Sent:
To:
Cc:

Subkn:
Auachnuns:
Signed By:

Feito, Beatriz SGT USA JFHQ- SJA
Monday. November 28. 2011 1 1 :09 AM

Ford, Anhur D. W01 USA Parm. Jairo A. W01 USA JFHQ-
Fein. Ashden CPT USA

I
RE: FW: Travel Reimbursement (UNCLASSIFIED)

dd1351-2 Struttmanpdf: dd1351-2 Lakes.pdf


Classification: UNCLASSIFIED

Caveats: FOUO

Mr. Lakes,

The 1351-2 you submitted was not correctly filled out. Using the receipts and
information I received from you I revised the 1351-2, please review and ensure
the expenses are correctly stated and sign if these are in fact the expenses
you incurred. Mr Struttman and yourself will be reimbursed the gov't perdiem

rate for meals.

Expenses such as Hotel, rental car, parking fees are to be

paid to the person mo's name is on the receipt and should not be split. As
you will see in the attached 1351-2 Mr. Struttman will be reimbursed for the
rental car and gas for the rental and you will be reimbursed for the hotel

expense and airport parking fees. Please feel free to contact me if you have

further questions.

Very Respectfully,

SGT Beatriz Feito
Paralegal NCO

Military District of Washington

Defense_U nclass_Email_1 090

02938195

Previously Submitted in Encl 79

30am

From: Fain, Ashden CPT USA SJA
Sent: Monday, November 28. 2011 12:56 PM
To: Ahnanza,PauI
Cc: Matthew kemkes;
Monow JoDean, CPT USA Overgaa nge .

subject: RE: Defense Request for Evidence
Sir,

The United States will have its documentary case ready by 12 December 2011. Based on the
voluminous amount of data, we intend to provide you a secure laptop computer along with
digital productions of the evidence (DVDs). The defense will receive digital copies of the
information we provide you, although they have already received the information in discovery.
After you start reviewing the information and decide that you would like any of the
information printed, we can arrange to have the material printed and brought to Fort McNair
prior to the hearing and to Fort Meade for the hearing. we have already arranged for a
dedicated office at Fort Mcnair that you can may use before and after the hearing.

v/r
CPT Fein

Defense_Unclass_EmaiI_1 091

02216229

Previously Submitted in End 79











Previously in End 1
From:
Sent: Monday, November 28, 20] 1 2:14 PM
To: Paul Almanza
Cc: Matthew kemkes Paul Bouchard
Joshua Tooman

Fein, Ashden CPT USA A

Morrow JoDean, CPT USA JA

SJA
Subject: Defense 405(h)(3) Motion
Attach: Defense 40S(h)(3) Motion.pdf
LTC Almanza,

Please see the attached defense motion.

v/r
David

David E. Coombs, Esq.

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

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

Fax: (508) 689-9282




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

unlawful and is

Defense_Unclass_Email__1 092



0221 6226

30816

From: Bouchard, Paul CPT USA MIL (US)

Sent: Monday, November 28, 201 1 4:47 PM

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

Cc:



Matthew kemkes

Subject: Request for software, US v. Manning (UNCLASSIFIED)
Attach: request Chrome and intemet ?nderpdf

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:
It was good talking to you and Eric last week.

The attachment is our request for Chrome Analysis Plus and Internet Evidence Finder.

Understand your position is a two-prong test is there a need and, if so, is there a justification. As we discussed on the
phone, it is possible that Eric and Trent can do the computer forensics work without these software tools, but we submit
our justification - namely efficiency and cost savings to the Government - trump any ?abso|ute need.?

The time and cost savings are sufficient; without these tools, Eric and Trent would have to figure out search terms, a task
that is time consuming and thus expensive.

The Government's immediate attention to this important matter is appreciated.
Please acknowledge receipt of this request.

Thanks,

Paul

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_1093

02216224 Previously Submitted in Encl 79
Previously in Encl 1



From:
Sent: Tuesday, November 29 201 1 1:36 PM
To: Paul Almanza














Cc: Paul Bouchard

1 Fein, Ashden CPT USA JFHQ-
SJA Morrow JoDean, CPT USA
SJA Overgaard, Angel
M. CPT USA SJA
Subject: 32 Noti?cation Acknowledgement
Attach: Manning Acknowledgement.pdf
LTC Almanza,

Please see that attached document.

v/r
David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

Defense_UncIass_EmaiI_1094

02190736
soem

From: Parra. Jairo A. W01 USA SJA

Sent: Tuesday. November 29. 2011 2:22 PM

To: Fein, Ashden cm? USA Feito. Beattiz
SGT USAJ HQ- WSJA

Cc: Ford, Arthur D. wo1 USA SJA:


subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)



Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Lakes,

I had the opportunity to review you first travel to assist Mr. Coombs in the
meeting held at Fort McNair, on 8 November 2011. The receipt provided does
not meet the specified requirement for payment according to the JFTR.
Before I approved ANY payment I must have a itemized receipt, by traveler,
for each claimed entitlement. For example, Hotel costs should have a
receipt, Air fare should have a separate receipt (showing traveler and
amount paid by traveler), and rental car with fees associated with this
expense (gas, tolls, Your prior emails show a word document
with YOUR personal estimates and expanses by traveler. I need to have an
ORIGINAL receipt by the airline, hotel, and rental Car Company which
itemizes the expenses by traveler. If this is not provided we may run into
complications paying this travel as it may not be authorized by DFAS. If
you have any questions please feel free to contact me at your convenience.

V/r:

JP

Jairo A. Parra
N01, JA

Legal Administrator
JFHQ-NCR, row




rect
- Blackberry
- Cell

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



Defense_Unclass_Emai|_1095

02219427

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 79
30819

?mam Paul

Tuesday, November 29, 201 1 2:22 PM


Matthew kemkes






Paul Bouchard










Fein, Ashden CPT USA JFHQ-
Morrow .|oDean, CPT USA
Overgaard. Angel








Melissa Santiago
SJA
SJA
M. CPT USA SJA

RE: 32 Noti?cation Acknowledgement

Thank you, Mr. Coombs.

Defense_U nclass__Emai|_1096

02217057

From:
Sent:
To:

Cc:

Subject:

30820

em Lakes

Tuesday, November 29, 2011 2:26 PM

Parra, Jairo A. W01 USA SJA
Fein, Ashden CPT USA JFH -N DW IA

eito, Beatriz SGT USA JFHQ-





Ford, Arthur D. W01 USA SJA

coom armycourtmarti ense.com
RE: FW: Travel Reimbursement (UNCLASSIFIED)

You have everything I have - I broke down everything at the bottom of the page per AirFare, Hotel and Rental Car - this is
the original receipt that we get from making the reservations and getting all the discounts.

I have done this at different posts throughout the US without issue.

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security - Ill
MCSE, MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive

Lexington, KY 40503

cell -
land line





Defense_UncIass_EmaiI_1097

02190734
30821

From: Parra, Jairo A. W01 USA SJA
Sent: Tuesday. November 29, 2011 2:33 PM
To: Fein, Ashden CPT USA Feito, Beatriz
MISJA
Cc: Ford, Arthur D. W01 USA JFHQ-NCRIMDW

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)
Signed By: PARRA.JAIRO.ALBERTO.1263937372

Classification: UNCLASSIFIED
Caveats: FOU0

Sir,

How are you getting the breakdown that you type at the bottom of the word
document? I cannot go by something typed at the bottom of an e-mail. Please
provide the documents that you are using to come up with the breakdown at
the bottom of the word document submitted. You should be able to get a
Hotel Receipt from the HOTEL you stayed showing the amount paid for the
hotel. You should also be able to get a receipt from the AIRLINE showing
who traveled and the amount paid by traveler. I'm required to verify all
claimed items individually by the JFTR. I know this may be an inconvenience
but this is the main reason why all travel needs to be done IAN JFTR. Thank
you

v/r,

JP

Jairo A. Parra
H01, JA

Legal Administrator
JFI-IQ-NCR, row








- rect
- Blackberry
- Cell

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

Defense_Unclass_EmaiI_1098

02217056
30822

From: encLakesm

Sent: Tuesday, November 29, 2011 2:56 PM

To: Parra, Jairo A. Wot USA SJA
Fein, Ashden CPT USA JFH -N DW SJA

Feito, Beatriz SGT USA JFHQ-

Ford SJA

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)

Cc:

Everything was paid upfront through travelocity - they pay all the people not us. Out credit card ending in - as shown
was used to purchase as a package to get the discounts for all the bookings. I estimated the costs for each and then

divided by two.

We were not told to do DTS until alter we had made our reservations. A good example is the case I am doing in Ft
Gordon they had me make all my reservations and are paying all in one lump sum as they did in Korea on the case I did
last month.

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security - Ill

MCSE, MCP, Network Plus,
CyberAgents. Inc.


616 Pasadena Drive

Lexington, KY 40503

cell-
land line



Defense_U nclass_EmaiI_1099

02217055

30823




Fro-n= Eric Lakes

Sent: Tuesday, November 29, 2011 3:05 PM

To: Parra, Jairo A. W01 USA SJA

Fein, Ashden CPT USA SJ A
Feito, Beatriz SGT USA IFHQ-
JA
Cc: Ford, Arthur D. USA IF SJA


Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)

10/10/201 1 10/08/201 1TRAVE LOCITY PACKAGE $672.15
10/10/201 1 10/08/201 1 DELTA AIR 0068715555179 $330.30
10/10/201 1 10/08/201 1 DELTA AIR 0068715555178 $330.30

This is from my credit card statement does this help any?

It does not give the Hotel, Car or Other except fro the 672.15 for all that.

Eric Lakes

Digital Forensic Examiner

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


616 Pasadena Drive

Lexington. KY 40503

cell
land me -

Defense_U nc|ass__Emai|_1 100

021 90721

30824
From: Parra. Jairo A. W01 USA JFHQ-NCRIMDW SJA

Sent: Tuesday. November 29, 2011 3:23 PM

To:

Cc: ein. Ashden CPT USA

Bush, Richatd D. SFC USA PM I Feito, Beatriz SGT USA JFHQ-
NCRIMDW F0l'd. A?hur D. W01 USA JFHQ-NCRIMDW SJA

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)
Attachments: RE: US v. PFC BM (Here are the resewations we already booked once we (2.06 MB)
Engnodlayz

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Lakes,

The info provided below does not match your prior request for reimbursement
(e-mail attached sent by you). Your receipts provided for the rental car
and the amount you request (in your word document) show a discrepancy of
about $30.06. The amount you claim in the word document you submitted and
the amount you just send me for the Airline tickets also do not match. This
goes to prove the point that receipts are needed to validate the
expenditures and approve payments. Thank you

V/rt

JP

Jairo A. Parra
K01, JA

Legal Administrator
mu









Direct
- Blackberry
- Cell

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

Defense_U ncIass_Emai|_1 101

0221 7052

From:
Sent:
To:
Cc:

Subject:

30825

Tuesday, November 29, 201 I 3:40 PM

Parra. Jairo A. won USA SJA

Fein. Ashden CPT USA SJA .
Bush, Richard D. SFC USA
PM PD Feito. Beatriz SGT USA JFHQ-
A Ford. Arthur D. W01 USA
SJA -

[Suspected Re: Travel Reimbursement (UNCLASSIFIED)








Again you have everything. Send me the form to sign and let's all be thankful for the savings we got compared
to what it could have cost the tax payers.

Sent from my HTC on the Now Network from Sprint!

Defense_Unclass_EmaiI_1

02939040
30826



From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, November 29, 2011 3:43 PM

To:

Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Defense 405(h)(3) Motion

David,

Are you available for a quick phone conversation about material you referenced in this
request? Thank you.

Ashden

Defe nse_Unc|ass_Emai|_1 103



02216223
30827

From: Bouchard, Paul CPT USA MIL

Sent: Tuesday, November 29, 2011 4:01 PM
To: Fein, Ashden CPT USA SJA
Subject: Message from CPT Paul Bouchard (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden;

Did you get our request for Chrome Analysis Plus and Internet Evidence Finder?
Thanks,

Paul

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_U nc|ass_EmaiI_1 104

02216221
30828

From:

Sent: Tuesday, November 29, 201 I 4:01 PM

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

Subject: [Suspected RE: Defense 40S(h)(3) Motion

Ashden,

I can talk for a few minutes now. Where do you want me to call you?

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

unlawful and is prohibited.""

Defense_Unclass_EmaiI_1105

02926352
30829

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday. November 29, 2011 4:45 PM

To: Bouchard, Paul CPT USA MIL (US)

Subject: RE: Message from CPT Paul Bouchard (UNCLASSIFIED)

Yes. Thank you .

Defense_Unc|ass__Emai|__1 106



02949141
30830

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, November 29, 2011 4:45 PM

To:

cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: RE: [Suspected RE: Defense 4D5(h)(3) Motion
David,

I apologize. I have been in a meeting. Its 1644 and I am available anytime tonight.

Defense_Unc|ass_Emai|_1 107

02938042
30831

A

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, November 20, 2011 9:04 PM

To: Kemkes, Matthew MAJ MIL USA

Cc: Parra. Jairo A. WO1 USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-

SJA
Subject: FW: Defense Travel for Art.32 (UNCLASSIFIED)
Attachments: RE: Phone Call (UNCLASSIFIED) (1.85 KB)

David and MAJ Kemkes,

God evening. we are planning the TDYs for the prosecution and defense teams for the Article
32. Based on security concerns, traffic issues, and other reasons, the command will fund the
teams being TDY at Fort Meade for the Article 32 and a reasonable period of time before to
prepare.

By COB Thursday, could you please send us the names of and associated dates you would like
your experts and members of the defense team at Fort Meade for the Article 32? As you can
see below, we are already tracking your forensic computer experts. Thank you.

v/
Ashden

Defense_Unc|ass_Emai|_1 108

02190576
30832

From: Feilo, Beatriz SGT USA JFHQ- SJA

sent: Wednesday. November 30, 2011 8:20 AM

To:

cc: arra. Jaim A. A Fond, Arthur D. W01 USA JFHQ-

NCRIMDW SJA: Fein. Ashden CPT USA
I

Subject: 1st meeting voucher (UNCLASSIFIED)

Attachments: Statement in Lieu of

??gnedlBy:

Classification: UNCLASSIFIED
Caveats: FOUO

Mr. Lakes,

Please fill out the attached form for the TDY to 1st meeting at Ft. McNair. This will be
submitted in lieu of receipts which you are unable to obtain. There must be an individual
form for each traveler with respective expenses.

Very Respectfully,
SGT Beatriz Feito

Paralegal NCO

JFHQ-NCR, row

COW -

Defense_Unc|ass_Email_1 109

02217051
30833

mm-= 3
Sent: Wednesday, November 30, 20l I 8:45 AM
To: Feito, Beatriz SGT USA .lFl-lO- SJA
Cc: Parra, Jairo A. won USA SJA
Ford, Arthur D. WOI USA SJA

Fein, Ashden CPT USA SJ A
Subject: Re: meeting voucher (UNCLASSIFIED)
111ank:ycnJ

Sent from my HTC on the Now Network from Sprint!

Defense_Unclass_Emai|_1 1 10

30834

From:

Sent: Wednesday, November 30, 201 I l0:S2 AM

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

Subject: RE: [Suspected RE: Defense 405(h)(3) Motion

Ashden.

No worries. lam available this aftemoon (around I500) does that work for you?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #3l7
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282




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

Defense_Unc|ass_EmaiI_1 1 1 1

02949020

30835

Subject:

1500 works.

Defense_UncIass_Emaii_1 1 12

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA
Wednesday, November 30, 2011 10:54 AM


Monow JoDean, CPT USA SJA
Re: [Suspected RE: Defense 405(h)(3) Motion



02216214 Previously Submitted in Encl 79
Previously in End 1

From: Kemkes, Matthew MIL USA

sent: Wednesday, November 30, 2 1

To: Ahnanza.PauI

Cc: Tooman. Joshua
CPT MIL US USA Fein. Ashden CPT USA MOITOW Ill,
Jooean. CPT USA Overuaard. Angel M. CPT USA JFHQ-
Waybrighl. Daniel W. SGT USA SJA

Subject: RE: US V. PFC BM (Article 32) (UNCLASSIFIED)

Signed By:

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

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

Respectfully,
MAJ Kellkes

Defense_Unclass_Emai|_1 1 13

02217049
30837

From= EricLakes

Sent: Wednesday, November 30, 20]] 1:35 PM
To: eito, Beatriz SGT USA IF HQ- SJA
Cc: Parra, Jairo A. W01 USA SJA

Ford, Arthur D. W01 USA SJA
Fein, Ashden CPT USA SJA

Subject: re: meeting voucher (UNCLASSIFIED)
Attach: Statement of Expenses.

I have attached a signed statement of expenses.

Eric Lakes

Digital Forensic Examiner

Certi?ed Computer Examiner (CCE)
Certi?ed Homeland Security -
MCSE. MCP, Network Plus,
Cyber Agents, inc.


616 Pasadena Drive

Lexin ton, KY 40503
cell -
land line -




Defense_Unclass_EmaiI_1 1 14



02216212

30838

From: Kemkes, Matthew um USA

sent: Wednesday. November 30. 2011 3:38

To: Fein, Ashden CPT USA SJA

Cc: Bouchard, Paul CPT USA MIL Santiago.
Melissa RES Parra, Jalro A. W01 USA JFHQ-NCRIMDW Morrow Jooean,
CPT USA SJA

Subject: RE: Defense Travel for Art.32 (UNCLASSIFIED)

E?gnedliyz

Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: FOUO

CPT

MAJ
CPT
CH2
Mr.
Mr.
Ms.
Mr.
Mr.

Fein,

Kenkes - Orders covering 15-23 December
Bouchard - Local, no orders necessary
Santiago - orders covering 15-21 December
Hall Orders covering 16-23 December
Ganiel - orders covering 15-23 December
Smith - orders covering 15-23 December
Lakes - Orders covering 11-21 December
Struttmann - Orders covering 11-16 December

Respectfully,

MAJ

Kemkes

Defense_Unclass_Emai|_11 15

02219417

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 79
30839

A'mam~ Paul

Wednesday, November 30, 20! I 3:38 PM

Matthew kemkes


I CPT MIL US USA TRADOC
USA SJA
JoDean, CPT USA A
Overgaard, Angel M. CPT USA SJA

Waybright. Daniel W. SGT USA JFHQ- i
SJA







Tooman. Joshua
Fein, Ashden CPT
Morrow






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

Thank you for the infonmlion. MAJ Kemkcs.

LTC Almama

Defense_Unc|ass_Emai|_1 1 16

02190535

30840

Faun:
Sent
To:

Cc:

subknz

?NgnedlBy:

Parra. Jairo A. W01 USA SJA
Wednesday, November 30. 2011 4:17 PM
Feito. Beatriz SGT USA JFHQ-



Focd, Anhur D. W01 USA Fein, Ashden CPT USA JFHQ-NCRIMDW
SJA

RE: 1st meeting voucher (UNCLASSIFIED)

Statement of Expensesjpg

Classification: UNCLASSIFIED

Caveats 2 FQJO

Eric,

The form you submitted is not acceptable as it does not meet the

requirement.
expenses.
claim.

v/r,
JP

Jairo A. Parra
N01, JA

Legal Administrator

JFHQ-NCR, mu





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

Defense_Unclass_EmaiI_1 1 17





- Direct
- Blackberry
- Cell

I will not approve this without a proper breakdown of all

I cannot make payment on ?some Portion" of an expense being i
As a result of your inability to provide proper receipts, you must
provide a breakdown of all costs that accounts for ALL monies being claimed
and that you're seeking reimbursement.
and in its entirety accounting for all expenses being claimed.
provide the information requested will delay any type of payment.
have any questions please let me know.

Please fill this form out correctly
Failure to
If you

02938038
30841


From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Wednesday, November 30. 2011 7:15 PM
To: Kemkes, Matthew MIL USA
Cc: Bouchand, Paul CPT USA MIL Santiago,

Melissa RES Parra, Jairo A. W01 USA JFHQ-NCRIMDW Morrow JoDean,
CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Defense Travel for Arl.32 (UNCLASSIFIED)
Sir,

Thanks. Do you foresee a need For rental cars? For security, we are going to have rental
cars (1 per 4 people). Please let me know.

Ashden

Defense__Unclass__Emai|_1 1 18



02948595

30842

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Wednesday, November 30, 2011 10:04 PM
To: Bouchard, Paul CPT USA MIL Kemkes.

Matthew MIL USA

cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA
Subtect: FW: 1st meeting voucher (UNCLASSIFIED)
Attachments: Statement of Expensesjpg
hnponance: Iimh
Gents.

Please review the message traffic over the past week. I do not understand
why Mr. Lakes is refusing to Fill out these forms to the best of his
ability, especially knowing we are simply trying to get him paid for his
expenses in the most expeditious means possible. Please stress to him that
he needs to be very accurate and provide the dcumentation. He received
authorization to use this Form from the J8, because he did not have the
proper documentation and it appears he is still refusing to comply with its
requirements. Please assist with your expert or he cannot be paid. Thank
you.

v/r
Ashden

Defense_Unc|ass_Emai1__1 1 19

02916085 Previously Submitted in End 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

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

To: Ahnanza,Pau|

Cc: Kemkes, Matthew MIL

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

LTC Almanza,

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

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

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

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

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

A1te""ate= Rick Ennis-

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

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

Thank you.
v/r

CPT Fein

Defense_Unc|ass_Emai|_1 120

30844

From: Bouchard. Paul cm USA MIL (us)

Sent: Thursday, December 1, 201 1 7:36 AM
To: Fein, Ashden CPT USA SJA
Matthew kem es
Cc: Morrow JoDean, PT USA SJA

Subject: RE: Ist meeting voucher (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Thanks. Ashden.

I'm on it.
Paul

Defense_Unclass_ErnaiI_1 121

02216206 Previously Submitted in Encl 79
Previously in Encl 1







From:
Sent: Thursday, December 1, 2011 10:15 AM
To: Paul Almanza
Cc: Matthew kemkes

Tooman,JoshuaJ CPT MIL US USA TRADO
Morrow oDean, CPT USA SJA







SGT USA JFHQ-NC
Ashden CPT USA SJA

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

LTC Almanza,

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

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

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

container;
3) No issues;

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282


Defense_Unclass__Emai|_1 122

02216206 Previously Submitted in Encl 79
Previously in Encl 1



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

Defense_U nclass_Emai|_1 122

0221 6203

From:
Sent:
To:
Cc:

Subject:
Signed By:

30847

Kemkes, Matthew MIL USA

Thursday. December 01. 2011

Fein, Ashden CPT USA SJA

Bouchard. Paul CPT USA MIL Santiago.
Melissa RES USA: Parra, Jairo A. W01 USA Monow JoDean,
CPT USA SJA

RE: Defense Travel for An.32 (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO

CPT Fein,

No, we do not require rental cars.

Respectfully,
MAJ Kemkes

Defense_Unclass_EmaiI_1 123

Thank you for offering.

02216173 Previously Submitted in Encl 79
Previously in Encl 1

From:
Sent: Thursday, December 1, 2011 4:30 PM
To: Paul Almanza
Cc: Matthew kemkes
Tooman,Joshua







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




NC Waybright, Daniel W.
Fein,

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317

Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282





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

Defense_U nc|ass_Email_1 124

02219409 Previously Submitted in Encl 79
Previously in Encl 1

From: Anmannvaunm

Sent: Thursday, December I. 2l)ll 5:04 PM
To: coombs
Cc: Matthew kemkes






ToomanJoshuaJ orrow
loDean. CPT USA SJA
Overgaard, Angel M. PT USA JFHQ-NC
Waybright. Daniel W. SGT USA

Fcin. CPT USA



SJA
Subject: RE: Defense Motion to Compel

All-

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

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

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

Thank you.

LTC Almanza

Defense_Unc|ass_Emai|_1 125

02938916 Previously Submitted in Encl 79
Previously in Encl 1
From: Fein, Ashden CPT USA SJA
Sent: Thulsday, December 01. 2011 7:03 PM
To: Almanza, Paul;
Cc: Matthew kemkes Tooman,Joshua CPT MIL US USA
TRADOC: Morrow 0 an. SJA: Overgaand. Angel M. CPT
USA SJA: Daniel W. SGT USA JFI-IQ-NCRIMDW SJA
Subject: RE: Defense Motion to compel
Sir,

we can have the information ready.
we intend to publish our proposed witness and evidence list tomorrow and it will

voluminous.

we recommend Monday morning because the information is

include applicable discovery BATES numbers for defense to reference.

v/
CPT Fein

Defense_Unciass_Email_1 126

02216172
30851

From: Bouchard, Paul RCPT USA M11. was

Sent: Thursday, December 1, 2011 7:03 PM
To: Fein, Ashden USA
Subject: Automatic reply: Defense Motion to Compel

I am TDY from Dec. 2-5. I can be reached at? or For immediate assistance please

contact Ms. Jones at




CPT Paul Bouchard
Defense Counsel

Defense_UncIass_EmaiI_1 127

02216171
30852

From: Kemkes, Matthew MIL USA

Sent: Thursday, December 1, 2011 7:03 PM

To: Fein, Ashden CPT USA SJ A
Subject: Out of Office AutoReply: Defense Motion to Compel

Sir/Ma'am,

I am out of the office until 12 December. If you need immediate assistance. please contact Ms. Lisa Bynoe at?

Respectfully,
MAJ Kemkes

Defense_U nc|ass_Emai|_1 128

02219407 Previously Submitted in Encl 79
30853

rm-= Almanza. vau~

Sent: Friday, December 2, 20! I 9:18 AM

To: Fein, Ashden CPT USA SJA



Cc: Matthew kemkes
Tooman,Joshua CPT MIL US USA TRADOC
Morrow JoDean, CPT USA A
Overgaard. Angel M. CPT USA JFHQ-

SJA Waybright. Daniel W.
SGT USA SJ A

Subject: RE. Defense Motion to Compel

OK. thanks. CPT Fein. 0800 Monday

LTC Almanza

Defense_Unc|ass_Emai|_1 129

02938912 Previously Submitted in Encl 79
Previously in Encl 1
From: Fein. Ashden CPT USA SJA
Sent: Fn'day, December 02. 2011 9:21 AM
To: Almanza. Paul;
Cc: Matthew kemkes; Tooman,Joshua CPT MIL US USA
TRADOC: Morrow I I, Jo an. FHQ-NCRIMDW Overgaard. Angel M. CPT
USA JFI-IQ-NCRIMDW SJA: Daniel W. SGT USA SJA
Subject: RE: Defense Motion to compel
Sir,

0800 is good. He will have your office temporarily ready and a classified computer available

to review the material.
The evidence list will include associated BATES numbers so the defense will know

lists.

By C08 today, we will subunit our proposed evidence and witness

exactly what information we are requesting you to consider and what information we are
providing you to preliminarily review.

v/r?
CPT Fein

Defense_Unclass_Emai|_1 130

02217043

30855





From: Eric Lakes

Sent: Friday, December 2, 2011 11:32 AM

To: Parra, Iairo A. W01 USA SJA

Cc: Fein, Ashden CPT USA
Bush, Richard D. SFC USA
PM PD Feito, Beatriz SGT USA FHQ-
Ford, Arthur D. W01 USA
-

Subject: RE: W: Travel Reimbursement (UNCLASSIFIED)

Attach: Eric Lakes CCE.vcf; Image (9).jpg; Image (10).jpg

?--Original

From: Parra, Jairo A. W01 USA SJA

Sent: Tuesday, November 29, 2011 3:23 PM

To

[1

Cc: Fein, Ashden CPT USA
Bush, Richard D. SFC USA PM
Feito. Beatriz SGT USA IFHQ- Ford, Arthur D. W01 USA
SJA

Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO

Mr. Lakes.

The info provided below does not match your prior request for reimbursement
(e-mail attached sent by you). Your receipts provided for the rental car

and the amount you request (in your word document) show a discrepancy of
about $30.00. The amount you claim in the Word document you submitted and
the amount you just send me for the Airline tickets also do not match. This
goes to prove the point that receipts are needed to validate the

expenditures and approve payments. Thank you



JP

Jairo A. Parra
W01, JA
Legal Administrator
JFHQ-NCR, MDW



The infomtation contained in this email and any accompanying
attachments may comain rcodom of Infonnation Act protected information.

Defense_Unclass_EmaiI_1 131

02217043
30856

including attorney-client or attomey work product privileged infomiation.
This information may not be released outside of the Department of Defeme
without prior authorization from the Of?ce of The Judge Advocate General.
Department of the Army. If you are not the intended recipient of this
infomration, any disclosure, copying, distribution, or the taking of any
action in reliance on this information is prohibited. If you received this
email in error, please notify this office immediately by retnm email (see 5
U.S.C. 552 and Army Regulations 25-55 and

?--Original Message--?

From: Eric Lakes

Sent: Tuesday, November 29, 2011 3:05 PM

To: Parra, Jairo A. W01 USA Fein,
Ashden CFT USA SJ Feito, Beatriz SGT USA JFHQ- SJA
Cc: Ford, Arthur D. W01 USA


Subject: RE: FW: Travel Reimbursement (UNCLASSIFIED)

10/ 10/?20l 1
10/08/20] 1
TRAVELOCITY PACKAGE
$672. 15

10/10/2011
10/08/2011
DELTA AIR 0068715555179
$330.30

10/10/2011
10/08/2011
DELTA AIR 0068715555178
$330.30

This is from my credit card statement does this help any?

It does not give the Hotel, Car or Other except fro the 672.15 for all that.

Eric Lakes

Digital Forensic Examiner

Certified Computer Examiner (CCE)
Certified Homeland Security -
MCSE, MCP, Network Plus,
Cyber Agents, Inc.


616 Pasadena Drive

Lexington, KY 40503

cell -

land line

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Email_1 131

02914783 Previously Submitted in Encl 79
Previously in Encl 1
From: Fein, Ashden CPT USA SJA
Sent: Fn?day. December 02. 2011 6:50 PM
To: Almanza. Paul
Cc: Matthew kemkes; .
Tooman.Joshua CPT MIL us USA Morrow an, -
SJA: Ovemaaid. Angel M. CPT USA JFHQ-NCRIMDW SJA: Waybright. Daniel
W. SGT USA SJA
subject: US v. PFC BM (Witness and Evidence Lists)
Attachments: 111202-Govemment Witness List (Article 32).pdf; 111202-Govemment Evidence List (Article
32ypdf
Sir,

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

This weekend, we intend to email a proposed hearing ?rules? poster and a
response to the de
V/r
CPT Fein

Defense_UncIass_EmaiI_1 132

0291 5222

Previously in End 1

From:
Sent:
To:
Cc:

Subject:
Attachments:

Paul,

Attached is the approval of your request.
purchase Monday morning.


Ashden

Defense_UncIass_EmaiI_1 133

Fein, Ashden CPT USA SJA
Friday. December 02. 2011 6:51 PM
nil

Matthew kemkes; Tooman,Joshua CPT MIL US
USA Morrow JoDean, CPT USA JFHQ-NCRIMDW Overuaard, Angel M.
CPT USA SJA: Waybright. Daniel W. SGT USA JFHQ-NCRIMDW SJA
US v. PFC BM (Software Approval)

Action for Defense Software.pdf

we will act on the
HTF.








02216151 Previously Submitted in Encl 79
Previously in Encl 1

From:
Sent: Friday, December 2, 2011 11:01 PM
Tm Aimanza,vau1j?>
Cc: Matthew kemkes

Tooman, Joshua CPT MIL US USA TRADOC

Morrow JoDean, CPT USA SJA

Overgaard, Angel M. CPT USA JFHQ-

SJA Waybright, Daniel W.

SGT USA SJA Fein,

Ashden CPT USA JFH

Melissa Santiago
Subject: Defense Witness List
Attach: Defense Witness List.pdf
LTC Almanza,

Please see the attached defense witness list.

Best,
David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317

Providence, RI

02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

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

unlawful and is prohibited.

Defense_Unc|ass_Emai|_1 134

02216150 Previously Submitted in End 79
Previously in Encl 1

From:
Sent: Sunday, December 4, 2011 11:39 AM
To: Anmanzamaunj





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






SGT USA
Santia
SJA

Subject: Available witnesses and evidence

Fein, Ashden CPT USA

LTC Almanza,

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

V/l?
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282


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

Defense_U nclass__Emai|_1 135

02216148
30861

From:

Sent: Sunday, December 4, 201 1 12:09 PM

To: rem. Ashden cm USA sm


Cc: Matthew kemkes Tooman, Joshua CPT MIL US







Morrow JoDean, CPT USA
Overgaard, Angel

USA TRADOC
SJA
M. PT USA SJA
Waybright, Daniel W. SGT USA SJA
Melissa Santiago

or ,Arthur D. W01 USA SJA









Subject: Discovery

Ashden,

The recent discovery sent to me had three conupted files. I could not open 00384257, 00390294 or 00396242.

Given the fact that these items likely contain the GOMAR/Rebuttal materials for three individuals, could you
send mejust the GOMAR and Rebuttal material by email in addition to providing a new copy of the listed
discovery on a disk? Thank you.

Best,
David

David E. Coombs, Esq.

Law O?ice of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

Defense_UncIass_Emai|_1 136

02936486
30862

0

From: Fein, Ashden CPT USA SJA

Sent: Sunday, December 04, 2011 12:14 PM

To:

Cc: Matthew kemkes; Tooman. Joshua CP orrow JoDean. CPT
USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA
Daniel W. SGT USA SJA: Melissa Santiago; Fond. Arthur D.
W01 USA SJA

subject: RE: Discovery

David,

On 1 Dec 11, we mailed another disk of the material (003842S7-00402271) to you
(Tracking It: 7010 1060 0001 1274 4040) and delivered a copy to MAJ Kemkes.

Tomorrow, we will evaluate whether we can securely send a copy through email.

v/r
Ashden

Defense_Unclass_EmaiI_1 137

30863



From: Fein, Ashden CPT USA SJA
Sent: Sunday. December 04, 2011 12:14 PM

To:

Cc: Matthew kemkes; Tooman. Joshua CP onow JoDean. CPT
USA Overgaard. Angel M. CPT USA
Daniel W. SGT USA SJA: Melissa Santiago; Ford. Arthur D.
W01 USA SJA

Subject: RE: Discovery

David,

on 1 Dec 11, we mailed another disk of the material (00384257-09462271) to you
(Tracking 8: 7919 1060 0991 1274 4040) and delivered a copy to MAJ Kemkes.

Tomorrow, we will evaluate whether we can securely send a copy through email.

v/
Ashden

Defense_UncIass_Emai|_1 138



02915715 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

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

To: Alrnanza, Paul

Cc: Matthew kemkes;
Tooman. Joshua CPT MIL US USA Morrow 0 an,

NCRIMDW SJA: Overgaatu, Angel M. CPT USA SJA: Daniel
W. SGT USA JFHQ-NCRIMDW Melissa Santiago

Subject: US v. PFC BM (Govt Response Admin)
Attachments: 111204-Response to Defense Request to Close Articie 32 Hean?ng.pdf; Rules of Hearing
v1.pdi

LTC Alnanza,

Good afternoon. Attached is the government's response to the defense RCM
48S(h)(3) request. Also, attached is the government's proposed "Rules of
Hearing? modeled after Rule 6.3 of the Army Trial Judiciary Rules of Court.
The United States intends to post these rules at the entry control points For
the hearing.

NLT 9755 tomorrow morning, SGT Haybright will be downstairs in the entry way
of the OSJA, row to escort you to your office and provide you a sterile
classified computer and the material listed on the prosecution's requested
evidence list. SGT uaybright will continue to serve as your temporary
administrative support, until the permanent support is assigned by 15 Dec 11.

v/r
CPT Fein

Defense_Unclass_Email_1 139







02216142 Previously Submitted in Encl 79
Previously Sgg?ggted in Encl 1
From:
Sent: Sunday. December 4, 20] 4:45 PM
Almam Paul
Cc: Matthew kemkes .
Tooman, Joshua CPT MIL US USA TRADOC
Morrow JoDean. CPT USA IF SJA
Overgaard, Angel M. PT USA
l> Waybright, Daniel W.
Melissa
Fein, Ashden PT USA
SJA
Subject: Sealed Defense Response
Attach: Defense 405(h)(3) Responsepdf; Attachment A.pdf
LTC Almanza,

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-46l6

Fax: (508)689-9282



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

Defense_Unclass_Emai|_1 140

Previously Submitted in Encl 79

02219406
30866

From: Anmam. Pam









Sent: Sunday, December 4, 201 1 7:25 PM

To:

Cc: Matthew kemkes

DW A
USA JFHQ-
Subject: Re: Available witnesses and evidence

Thank you, Mr. Coombs.

Defense_Unc|ass_Emai|_1 141

02915373 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA
sent: Monday. December 05. 2011 8:22 AM
To: Almanza. Paul

cc:
Tooman, Joshua CPT MIL US USA orrow 0 an,
Overgaard. Angel M. CPT USA Daniel
W. SGT USA JFHQ-NCRIMDW Melissa Santiago

subject US v. PFC BM (Protective Orders)

Attachments: Protective Order for Classi?ed Information.pdf;
Protective Order for LES Informationpdf; Protective Order for SecArmy
15-6.pdf

Sir,

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

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

v/
CPT Fein

Defense_Unclass_Emai|_1 142





02927372 Previously Submitted in Encl 79
30868

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

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

To: Ahnanza. Paw

Cc: Parra, Jairo A. W01 USA

Morrow JoDean, CPT USA JFHQ-NCRIMDW Kemkes, Matthew MIL Feito,
Beatriz SGT USA JFHQ- NCRIMDW SJA
Subject: Lodging 8. TDY

LTC Almanza,

The prosecution and defense will be TDY during the Article 32. we budgeted for you, your
H50, and admin support to be TDY as well. Please let us know if you would your legal advisor
present and TDY. Please coordinate through SGT Feito and N01 Parra (both Cced) to setup your
DTS and ensure its properly funded.

Thank you.

v/r

CPT Fein

Defense_UncIass_EmaiI_1 143

Previously Submitted in Encl 79
30869

02949372

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, December 05, 2011 1:53 PM

To: Prather, Jay Mr CIV USA OSA

Cc: Aimanza. Paul; Waybright, Daniel W. SGT USA JFHQ-NCRIMDW
Kemkes, Matthew MIL Morrow JoDean,
CPT USA SJA

Subject: (U) Request for Security Officer Support. ANJA-CL Memo dated 15 Nov 11

Mr. Prather- I will defer to LTC Almanza for any instructions.

on this email.

He is Cced

LTC A1amnza- Mr. Jay Prather is your appointed security expert and is ready
to be onsite at Fort McNair starting Monday (12 Dec), if you need him. we
will have workspace available For him.

Thank you.

v/r
CPT Fein

Defense_UncIass_Emai1_1 144





02915231

30870

From: Fein, Ashden CPT USA SJA

Sent: Monday, December 05, 2011 7:56 PM

To: Kemkes. Matthew MIL USA
Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA

Subject: US v. PFC BM (Security)

hnponance: l?gh

David and Kemkes,

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

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

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

v/r

Ashden

Defense__U nclass_Emai|_1 145



02915723 Previously Submitted in Encl 79
Previously in Encl 1



From: Fein, Ashden CPT USA SJA

Sent: Monday, December 05. 2011 8:43 PM

To: Aunanza,Paul

Cc: Matthew kemka

-
emaa . nae M. Daniel W. SGT US
JFHQ-NCRIMDW

Subject: US v. PFC BM (Government esponse to

Attachments: 111205-Response to Defense Notice Under MRE

Sir,

Attached is the government's response to the defense MRE request.

we intend to provide you a response to the defense?s witness request by C08 on
Wednesday, 7 Dec 11.

Have a good night.

v/r
CPT Fein

Defense_Unclass_Emai1_1 146

02216141
30872

From:

Sent: Monday. December 5. 201 I 8:46 PM

To: Fein. Ashden PT USA SJA
Matthew kemkes

Cc: Morrow JoDean. PT USA SJA


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

Ashden,

I can talk around 1700 tomorrow. My imderstanding is that you were going to speak with the OCA to detennine if the
information was indeed classi?ed. Have you been able to do that yet??

Best.
David

David E. Coombs. Esq.

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

Toll Free: I-800-588-4156
Local: (503) 689-4616

Fax: (508)689-9282




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


Defense_Unclass_EmaiI_1 147

02915228
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Monday, December 05, 2011 9:26 PM

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

David,

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

v/r?
Ashden

Defense_Unc|ass_Emai|_1 148

02219400

From:
Sent:
To:
Cc:

Subject:

Previously Submitted in Encl 79
30874

Prathcr, Jay Mr cw USA OSA

Tuesday, December 6, 201 I 10:34 AM
Fein, Ashden USA sm
Almanza, Paul >1 Waybright, Daniel W. SGT USA JFHQ-

SJ
Matthew kemkes

Morrow JoDean, CPT USA
JA

RE: (U) Request for Security Officer Support. ANJA-CL Memo dated 15 Nov I 1







Is there any need to have my clearance sent n'a

If so. proxidc SMO Codc.

V/r

RI

Defense_UncIass_Emai|_1 149

02949369

Previously Submitted in Encl 79
30875

From:
Sent:
To:
Cc:

Subject:

Jay,

Thank you.
sent .
collateral level.

v/r
CPT Fein

Defense_Unclass__EmaiI_1 150

Fein, Ashden CPT USA SJA

Tuesday. December 06, 2011 10:49 AM

Prather, Jay Mr CIV USA OSA

Almanza, Paul; Waybright, Daniel W. SGT USA JFHQ-NCRIMDW
Matthew kemkes; Morrow Ill, JoDean, CPT USA
JFHQ-NCRIMDW SJA

RE: (U) Request for Security Officer Support. ANJA-CL Memo dated 15 Nov 11

As of-' now, there is no requirement to have your clearance info
we have JPAS and currently plan to only work at the "secret"






02219398 Previously Submitted in End 79
30876
From: Prather. Jay Mr Cw USA we
Sent: Tuesday, December To: Fein, Ashden CPT USA SJA
Cc: Almanza. Paul Wavbright, Daniel W. SGT USA JFHQ-
SJA
Matthew kemkes
Morrow Ill, .loDean, CPT USA
SJA
Subject: RE: (U) Request for Security Of?cer Support. ANJA-CL Memo dated 15 Nov I I
No worries
Than.\

Defense_UncIass_Email_1 151

0291 5893
30877

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, December 06, 2011 1 1 :32 AM

To:

Cc: Matthew kemkes; "I'ooman,Joshua CPT MIL US USA

Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaand. Angel M. CPT USA JFHQ-NCRIMDW SJA: Ford. Arthur 0. W01 USA JFHQ-
?Melissa Santiago?

Subject: US v. PFC BM (Discovety)
Attachments: iso burning in
David,

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

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


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

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

v/r
Ashden

Defense__U nc|ass_EmaiI_1 152

02981135
30878

From: Fein, Ashden CPT USA SJA

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

To:

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

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

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

1
David,

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

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


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

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

v/r
Ashden

Defense_Unc|ass_EmaiI_1 153

0221 9397

From:
Sent:
To:

Cc:

Subject:

Previously Submitted in Encl 79
30879

Nmam PM

Tuesday, December 6. 20] I l:24 PM

Fein. Ashden CPT USA SJA
Prather, Jay Mr CIV USA OSA
Waybright, Daniel W. SGT USA SJA


Morrow Ill. JoDean. CPT USA






Matt ew kem es
SJA

RE: (U) Request for Security O?ioer Support. ANJA-CL Memo dated 15 Nov 11

Thank you. PT Fein.

Defense_Unc!ass_Email_1 154

i i?
02219396 Previously Submitted in Encl 79
30880

rm-= Anmanzwaui

Sent: Tuesday, December 6. 2011 1:26 PM

To: Fein, Ashden CPT USA SJA

Cc: Parra, Jairo A. WOI USA
SJA Morrow Ill, .loDean, CPT USA JFHQ-





SJA
eito, Beatriz SGT USA JFHQ- SJA

Subject: RE: Lodging TDY

All-

I live within commuting distance (48 miles, actually), of Ft. Meade and plan to commute there each day. I will ask the
H50 if he'd like to be there TDY and will discuss this matter with my legal advisor as well.

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

LTC Almanza

Defense_UncIass_EmaiI_1155

02216140

From:
Sent:
To:
Cc:

Subject:

30881

Bouchard, Paul CPT USA MIL

Tuesday, December 6, 2011 3:08 PM

rem, Ashden cm USA sm
Matthew kemkes

Tooman. Joshua] CPT USA MIL (US)

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

Waybright.









CPT USA SJA
Daniel W. SGT USA SJA
Trent Struttman

RE: US v. PFC BM (UNCLASSIFIED)

Classi?cation. UNCLASSWIIZI)

Caveats: 10

Great.

Thanks.

Paul

Defense_Unc|ass_EmaiI_1 156

02927378 Previously Submitted in Encl 79
Previously in Encl 1


From: Fein, Ashden CPT USA SJA

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

To: Ahnanza,Pau!

Cc: Parra. Jairo A. W01 USA

Morrow JoDean, CPT USA JFHQ-NCRIMDW Matthew kemkes; Feito, Beatriz SGT
USA JFHQ- SJA

Subject: RE: Lodging 8. TDY

Sir,

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

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

purposes.

we recommend that you stay at a hotel or, at a minimum, rent a

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

security issues.

v/r
CPT Fein

Defense_Unc|ass_Emai|_1 157

02219394 Previously Submitted in Encl 79
Previously S?g?ggted in Encl 1

From: Aimanza. Paul

Sent: Tuesday. December 6. 201 1 5:15 PM

To: Fein, Ashden CPT USA SJA

Cc: Parra, Jairo A. WOI USA
SJA Morrow Ill, JoDean. PT USA





Matthew kemkes
Feito, Beatriz SGT USA JFHQ- SJA

A

Subject: RE: Lodging TDY

CPT Fcin -

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

I spoke to Mr. Prather and LTC Holzer today about TDY.

Mr. Ptathcr of course will be present throughout the heating. but did
not request TDY. I'll speak to him tomorrow ith this additional
information.

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

LTC Almanza

Defense_Unc|ass_EmaiI_1 158

Previousty in Encl 1

02927374 Previously Submitted in End 79


From: Fein, Asnden CPT USA SJA

Sent: Tuesday. December 08. 2011 5:53 PM

To: Almanza. Paul

cc: Pane, Jairo A. W01 USA

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

Sir,

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

v/r
CPT Fein

Defense_Unclass_Emai|_1 159

Previously Submitted in Encl 79
Previously in Encl 1



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

Tooman,Joshua CPT MIL us USA Morrow
JoDean. CPT USA SJA: Overgaard, Angel M. CPT USA JFHQ-
SJA: Daniel W. SGT USA SJA

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

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

Thank you.

v/r
CPT Fein

Defense_U nc|ass_EmaiI_1 160

Previously Submitted in Encl 79
30886

0221 9392

rm-n= Anmanza. Paul ?n

Sent: Tuesday, December 6, 20] I 6:25 PM
To: Fein, Ashden CPT USA SJA
Matthew em es







Tooman,Joshua PT
Morrow .loDean, CPT

MIL A TR
Overgaard,

USA
Angel M. CPT USA SJA

Waybright. Daniel W. SGT USA JFHQ-
SJA
Cc: Holzer, Mark LTC MIL USA OTJAG

Subject: RE: Contacts with Counsel and Legal Advisor

CPT Fcin -
mailing address is

Thanks.
LTC Almanza

Defense__Unc|ass_Emai|_1

0291 5331
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

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

To: Matthew kemkes; Melissa Santiago?

cc: Tooman.Joshua CPT MIL us USA Morrow

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

David and MAJ Kemkes,

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

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

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

Have a good night.

v/r
Ashden

Defense_Undass_Emai|_1 162

02219390 Previously Submitted in End 79

30888

Ftom: Holzer, Mark LTC MIL USA OTJAG

Wednesday. December 07. 2011 8:30

To: Fein, Ashdan CPT USA JFHQ-NCRIMDW Almanza, Paul;
Matthew kemkes:

Tooman, Joshua CPT MIL US USA Morrow JoDean, CPT USA JFHQ-
SJA: Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Waybright. Daniel
W. SGT USA SJA

subject: RE: Contacts with Counsel and Legal Advisor (UNCLASSIFIED)
Signed By:

Classification: UNCLASSIFIED

Caveats: NONE

CPT Fein,

Physical screening of incoming mail to the Pentagon will cause considerable delay in
delivery. If you can have it ready today, I will send someone to MDH to pick it up after
1600.

v/
LTC Mark Holzer

Defense_Unclass_Email_1163

Previously Submitted in End 79

02941461
30889

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, December 07, 2011 8:34 AM

To: Holzer. Mark LTC MIL USA Almanza. Paul;
Matthew kemkes;
Tooman. Joshua CPT MIL US USA TRADOC: Monow 0 an, -
Ovetgaard. Angel M. CPT USA SJA: Waybright. Daniel
W. SGT USA SJA

subject: RE: Contacts with Counsel and Legal Advisor (UNCLASSIFIED)

Sir,

He will have it ready For pick up at the front office of the OSJA, MDW.

v/r?
CPT Fein

Defense_UncIass_Email_1 164

Thank you.

02219389 Previously Submitted in Encl 79
Previously in End 1

From Almanzamaun

Sent: Wednesday, December 7, 2011 5:50 PM

To: Fein, Ashden CPT USA
I-Iolzer, Mark LTC MTL USA OTJAG

Matthew kemkes



SJA















l>

Tooman, Joshua
Morrow JoDean,


CPT MIL US USA TRADOC
CPT USA SJ A
Overgaard, Angel M. CPT USA SJA

Waybright, Daniel W. SGT USA IF HQ-







SJA




Cc: Holzer, Mark LTC MIL USA OTJAG Prather, Jay Mr
CIV USA OSA
Subject: Review of evidence
CPT Fein -

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

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

Thanks.
LTC Almanza

Defense_U nclass_Emai|_1 165



02921094 Previously Submitted in Encl 79
Previously Sab?giited in End 1

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

Matthew kemkes;
Tooman. Joshua CPT MIL us USA TRADOC: Morrow 0 an. -
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA: Daniel
W. SGT USA SJA

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

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

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

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

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

Thank you.
v/r
CPT Fein

Defense_UncIass_Email_1166

02915921

30892
From: Fein, Ashden CPT USA SJA
Sent: Wednesday. December 07. 2011 7:13 PM
To:
Cc: Kemkes, Matthew MIL Tooman. Joshua CPT MIL
US USA Morrow Jo an, - RIMDW SJA: Ovetgaard. Angel
M. CPT USA Ford. Anhur 0. W01 USA SJA
subject: US v. PFC BM (Discovery and Other Matters)
David,

Today, we sent to you (Tracking 7010 1060 0001 1274 4095) and delivered to MAJ Kenkes
multiple unclassified documents, including extracted documents from the forensic evidence we
already turned over, publically available information, and others (BATES 00409679-00410599).
we also included a copy of the National Security Litigation References we are providing to
the I0. while at TDS, we recovered the forensic cube and will have the cube returned to MAJ
Kenkes?s office NLT Monday, 12 Dec.

Additionally, we delivered to M3 Kemkes (CH2 Santiago) classified discovery, including
additional enemy evidence, the accused's work product, the remaining classification review,
and others (BATES 00410600-00410670).

we are still working on trying to get the GGVIORS emailed to you as per your request. They
should be delivered to you in the US Mail by Friday.

Finally, we established a new password for all Article 32 matters, which include the 10. If
we send the 10 documents or make them available by we will use the new password. In
our next conversation, I will share the password with you over the phone and will email the
password in an email to HA) Kemkes.

v/r

Ashden

Defense_U nclass_EmaiI_1 167

02219387 Previously Submitted in Encl 79
Previously Sy?i?ggted in Encl 1

Almam Pau'?




Sent: Wednesday, December 7, 20] 6:52 PM
To: Fein. Ashden CPT USA SJA
Holzer, Mark LTC MIL USA OTJAG




ew emkes

Tooman. Joshua
CPT MIL US USA TRADOC Morrow JoDean,
CPT USA SJA

Overgaard, Angel M. CPT USA SJA

Waybright. Daniel W. SGT USA JFHQ-









Cc: Holzer, Mark LTC MIL USA OTJAG Prathcr, Jay Mr
CW USA OSA
Subject: RE: Review of evi ence
All -
Three items:

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

2. The Rules of Hearing are good with one minor change to track the language of Rule 6.3. On the fourth bullet. please amend it to
read ?Cell phone. radios. pagers. iPods. Black?em s. and similar devices are not allow ed in the hearing miless they are cornpletely
tumui off.?

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

Thank you.

LTC Almanzn

Defense_Unclass_EmaiI_1 168



02219384 Previously Submitted in Encl 79
30894

rm-n= Anmanza. mu

Sent: Wednesday, December 7, 201 6: I2 PM


















To: Matthew kemkes
Tooman,Joshua CPT
orrow JoDean, CPT
USA Overgaard,
Angel M. CPT USA IFHQ-N
waybright, Daniel W. SGT USA JFHQ-
Fein, Ashden CPT USA
JFHQ-NCRIMD
Cc: Holzer, Mark LTC MIL Prather, Jay Mr
CIV USA OSA
Subject: US v. PFC BM matters
All -

Regarding administrative matters:
1. The uniform for the hearing will be ACUs.

2. We will follow Rule 6.3, with the proviso that the parties may have water, soda, or non-alcoholic drinks in a covered
container.

3. I've spoken to Mr. Prather and he will be present throughout the hearing.

4. Should the government not have provided an advance copy of the national security litigation materials to the defense
for review before mailing the CD5, I'll of course consider any objections or additional materials the defense may have.

5. The issue of when to re-start the hearing should it not be completed by C08 23 Dec is not yet ripe. I anticipate our
being able to determine by the 21 or 22 Dec whether continuing the hearing in January is necessary; and if so,
how many more days are needed. if only 2 days would be necessary, then we can re-start on 3-4 Jan. If it is clear that
more than 2 days are necessary, then we can discuss at that time whether it makes more sense to start on 3 Jan or 7
Jan. If we do not conclude the hearing by C08 23 Dec, I anticipate that any break between 24 Dec and the restart of the
hearing would be exdudable time. (Please note that I am required to complete the investigation by 16 January and do
not have the authority, absent a request to the convening authority, to grant any delays that would prevent me from
meeting that deadline.)

Thank you.

LTC Almanza

Defe nse_U nc|ass_EmaiI_1 169

02219383 Previously Submitted in Encl 79





30895

From: Almanza, Paul

Sent: Wednesday, December 7, 2011 6:25 PM

To: Matthew kemkes

Tooman,Joshua CPT
MIL US USA TRADOC Morrow JoDean, CPT

USA SJA Overgaard,

Angel M. CPT USA SJA

ein, Ashden CPT USA
SJA

Cc: Holzer, Mark urc MIL USA omc

Subject: US v. PFC BM (Article 32) - request for legal advice



Counsel

I am providing notice that I intend to ask LTC Holzer for legal advice concerning the defense request for a closed hearing
under RCM 405(h)(3), and intend to provide him the defense?s 28 Nov motion, the government's 4 Dec response, and
the defense?s 4 Dec reply.

Thank you.

LTC Almanza

Defense_U nclass_EmaiI_1 170

02921090 Previously Submitted in Encl 79
Previously Sgg?gi?ted in Encl 1

From: Fein. Ashden CPT USA SJA
sent: Wednesday. December 07, 2011 7:22 PM
To: Almanza. Paul; Holzer, Mark LTC MIL USA OTJAG:

Matthew kemkes;
Tooman. Joshua CPT MIL Us USA TRADOC: Morrow 0 an,

Overuaard, Angel M. CPT USA Waybright. Daniel
W. SGT USA SJA

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

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

v/r
CPT Fein

Defense_Unclass_Email_1 171

02219380

Previously Submitted in Encl 79
30897
















Fro-n= Almm Paul
Sent: Wednesday. December 7, 201 1 7:26 PM
To: Fein. Ashden PT USA SJA
Holzer, Mark LTC MIL USA OTJAG
Matthew kemkcs
Tooman, Joshua
CPT MIL US USA TRADOC Morrow JoDean,
CPT USA SJA
Overgaard, Angel M. CPT USA JFH
Waybright. Daniel W. SGT USA JFHQ-

DW JA

Cc: Holzcr. Mark no MIL USA omo ?Prathcr, Jay Mr
cw USA OSA

Subject: RE: Review of evidence

CPT Fein -

Re: understood. Please leave the language unchanged.

LTC Almanm

Defense_U ncIass_EmaiI_1 172

02216138
30898

From:
Sent: Wednesday, December 7, 2011 7:48 PM

To: Fein. Ashden CPT USA SJA

Cc: Matthew kernkes
Tooman, Joshua
Morrow JoDean, CPT USA A
Overgaard, Angel M. PT USA
Ford, Arthur D. W01
USA SJA

Subject: RE: US v. PFC BM (Discovery and Other Matters)



Ashden,

I received the disc with the GOMARs of LTC Kems. MAJ Dreher. and CW2 Ehresman today. The disc that
you sent out today should get to me by the weekend. As for future discovery, please provide Bouchard
with my copy. I will be coming to Fort Meade on Tuesday of next week, and will retrieve any discs from his

office.

Best,
David

David E. Coombs, Esq.

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

Toll Free: 1-800-588-4156
Local: (508) 6894616

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 prohibited.""

Defense_Unc|ass__EmaiI_1 173

02219379 Previously Submitted in Encl 79
30899

From: A1manza,vau1j>

Sent: Wednesday, December 7, 2011 8:12 PM
To: Matthew kemkes








Tooman,Joshua CPT

MIL US USA TRADOC Morrow JoDean, CPT
USA SJ A Overgaard,

An el M. CPT USA SJA
Fein, Ashden CPT USA
SJA

Cc: Holzer, Mark LTC MIL USA

Subject: US v. PFC BM (Article 32) - Gov't Evidence List question







CPT Fein

One question concerning your requested evidence list. Is the entry at para. 1e(2)(r) (forensic report concerning
Computer 144.107.19?) complete? All the other computers identified have four digit addresses.

Thanks.

LTC Almanza

Defense_UncIass_EmaiI_1 174

02916043 Previously Submitted in Encl 79
30900

From: Pain, Ashden CPT USA SJA
Sent: Wednesday, December 07, 2011 8:29 PM
To: Almanza. Paul; Matthew kemkes;

Tooman.Joshua CPT MIL US USA Morrow Ill.
JoDean. CPT USA Overgaard. Angel M. CPT USA JFHQ-

SJA
Cc: Holzer. Mark LTC MIL USA OTJAG
subject: RE: US v. PFC BM (Article 32) - Gov't Evidence List question

Sir,

The File name For the forensic report is Computer 144.197.19?. However, the actual
IP address for the computer is 144.107.17.19.

v/r
CPT Fein

Defense_Unclass_EmaiI_1 175

Previously Submitted in End 79










02219378
30901
From: Almanza, Paul
Sent: Wednesday, December 7, 20! I 8:34 PM
To: Fein, Ashden CPT USA SJA
Matthew em es
Tooman,Joshua PT
MIL US USA TRADOC Morrow Ill, JoDean. CPT
USA SJA
Angel M. CPT USA SJA
Cc: Holzer, Mark no MIL USA omo
Subject: RE: US v. PFC BM (Article 32) - Gov't Evidence List question
OK. thanks.
LTC Almanza

Defense_UncIass__EmaiI_1 176

02915562 Previously Submitted in Encl 79
30902

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday. December 07. 2011 8:56 PM

To: Ahnanza,Pam

Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA
whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Waybright,
Daniel W. SGT USA
Kemkes, Matthew MIL Paul Bouchand; Tooman,Joshua CPT MIL US USA
Holzer, Mark LTC USA OTJAG

Subject: US v. PFC BM (Multiple Docs)

Attachments: Rules of Hearing v1.pdf; 111207-Response to Defense Request for Article 32 Wrtnessespdf;
111207-Additional Requested Evidence List for Anicle 32 Investigattonpdf

Sir,

Attached are the following three documents:

1. Another copy of the Rules of Hearing Version 1.

I want to make sure from your previous

two emails, that this is the exact version you approve.

2. The government?s response to the defense request For Article 32 witnesses.

3. The government?s request For

v/r

CPT Fein

Defense_U nc|ass_Emai|_1 177

02216137
30903

From:

Sent: Wednesday. December 7. ml] 9: I4 PM

To: Fein. Ashden CPT USA SJA
Subject: RE: US v. PFC BM (Multiple Does)

Ashden,

I think you should have recommended approval of at least one witness;-)

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angel] Street. #3 I7
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282
,com
com

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

Defense_Unclass_Emai|_1 178

02216136

30904

From:

Sent: Wednesday, December 7, 2011 9:25 PM

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

W880

Subject: Logistics

Ashden,

If you have some time tomorrow, I would like to have a brief discussion regarding the defense designated area
at Fort Meade. Thanks.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282


mm

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

Defense_Unc|ass_Emai|_1 179

0291 5560

we did- come on

Defense_Unc|ass_Emai|_1 180

30905

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Wednesday. December 07. 2011 11:(Multiple Docs)

Many witnesses. we absolutely agree on all those we didn't object to

02927371
30906

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, December 07, 2011 11:44 PM

To: rm a ?a fense.com'
cc:
Subject: e: Logistics

David. Absolutely. Please let me know the time. As of now my schedule is relatively free.

Defense_U nclass_Emai|__1 181

0221 61 34
Previously Sgg?gitted in Encl 1

From:
Sent: Thursday, December 8, 2011 8:53 AM

To: Fein, Ashden CPT USA SJA

Cc= ?Matthew kemkes
I

Subject: RE: Logistics

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

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

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

- Can you describe the defense trailer(s)?
- Are there separate offices in the trailer or is it just one big space?

Is there a bathroom?

Is there a phone?

Do we have a printer/paper?

Is there intemet or a wireless connection?

Do we have multiple keys to the trailer so that we can leave items overnight or during the day?
Will the defense be the only ones with keys to the trailer(s).

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

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

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

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

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

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

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282


*?"?Con?dentiality Notice: This transmission, including attachments, may contain con?dential attomey-client

Defense_Unclass_EmaiI_1 182

02216134
Previously in Encl 1

information and is intended for the person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying or use of this infonnation maybe
unlaw?u and is

Defense_Unc|ass_Emai|_1 182

02927367
30909




From: Fein. Ashden CPT USA SJA

Sent: Thutsday. December 08, 2011 8:56 AM

To:

Cc: Matthew kemkes; Morrow

an, SJA
Siutuoct: IREE Log?kzs
David,

Great questions. can answer most of then; however I would like Mr. Parra to
be present when we chat. can we push the meeting to 1506 or 1600? Thanks.

Defense_UncIass_EmaiI_1 183

02216131
30910

From:
Sent: Thursday. December 8, 201 1 9:00 AM

To: Fein, Ashden CPT USA SJA

Cc= Matthew ketnkes
Morrow .|oDean, CFT USA SJA








Subject: RE: Logistics

Ashden.

1600 would work for me. Also, do we have an area that we can store classi?ed information??

Best,
David

David E. Coombs, Esq.

Law O?ice of David E. Coombs

11 South Angell Street, #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282




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

unlawful and is prohibited.""?

Defense_UncIass_EmaiI_1 184

02927358
3091 1

From: Fein, Ashden CPT USA SJA

Sent: Thursday, December 08. 2011 9:00 AM

To:

Cc: Matthew kemkes: Morrow

Ill, JoDean, CPT USA SJA
Subject: RE: Logistics

Got it. He should be good For 1600.

Defense_Unclass_Emai|_1 185

02216130

Previously Submitted in Encl 79

Previously Sgsa?qiged in End 1

From:
Sent: Thursday, December 8, 2011 10:01 AM

To= Almanza, Paul

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

Melissa Santiago










IF SJ A




Subject: Administrative Issues

LTC Almanza,

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

1) The defense requests that all restraints be removed from PFC BM prior to him being taken to the courtroom.

The defense also requests that he be pennitted to have paper and a pen to take notes;

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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



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

Defense_Unclass_EmaiI_1 186

02219376 Previously Submitted in Encl 79
soen

From: Holzer, Mark LTC MIL USA OTJAG

Sent: Thursday, December 08, 2011 11:22

To: Fein, Ashden CPT USA Almanza, Paul;
Matthew kemkes;
Tooman. Joshua CPT MIL US USA Morrow Ill, 0 ean, -
Overgaard, Angel M. CPT USA Waybright, Daniel
W. SGT USA SJA

Cc: Prather. Jay Mr CIV USA DCS G-2

Subject: Reference CD password (UNCLASSIFIED)

Signed By: i

Classification: UNCLASSIFIED

Caveats NONE

CPT Fein,

Request password For the reference CD.

Thank you,

v/r
LTC Mark Holzer

Classification: UNCLASSIFIED

Caveats: NONE

Defense_Unclass__EmaiI_1 187



02921 675

Filename:

From:

Sent

Subject:

Size:

188



Previously Submitted in End 79
30914

RE: Reference CD password


Fein, Ashden CPT USA
SJA



Thursday, December 8, 2011 11:56 AM

RE: Reference CD password
(UNCLASSIFIED)

68KB (68,608 bytes)

02216123 Previously Submitted in Encl 79

Previously S%gted in Encl 1

From:

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

To: Almanza, Paul

Cc: Morrow .loDean, CPT USA SJA

Overgaard, Angel M. CPT USA JFHQ-











Whyte, Jeffrey H. CPT
Waybright,

SJA
USA SJA
Daniel W. SGT USA SJA





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

Fein, Ashden CPT USA JFHQ-
Melissa Santiago




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

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282




"??*Conf1dentiality 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_EmaiI_1 189

02216122
30916

From: Bouchard. Paul a an USA MIL

Sent: Thursday, December 8, 201 I l:l6 PM










Cc: David Coombs ; Matthew kemkes
ein, Ashden CPT USA SJ A
Parra. Jairo A. W01 USA
Subject: RE: lssues with Software (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOU0

Ashden:

Please see e-mail traffic below Trent. What's the status on the license keys??

Thanks.
Paul

Defense_Unc|ass_EmaiI_1 190

02947971
309w
I
From: Fein, Ashden CPT USA SJA
Sent: Thursday, December 08, 2011 3:28 PM
To:
Cc: Parra, Jairo A. W01 USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-
SJA

Subject: admin meeting
David,

we won?t be able to meet at 1660.

Thanks.

Ashden

Defense_Unc|ass_Emai|_1 191

How 15 1866? we are still working on getting the answers.

02216121
30918

From:
Sent: Thursday. December 8, 201 I 3:35 PM

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

Morrow m, JoDean, CPT USA
Subject: a!mm meeting

Ashden,

How does tomorrow at 1030 sound?

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (508) 6894616

Fax: (508)689-9282




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

Defense_UncIass_EmaiI_1 192



02947968

30919

From:
Sent:
To:
Cc:

subject:

David,

I am not available tomorrow morning at 1966.
would need to be mid-afternoon.

Defense_Unclass_Email_1 193

Fein, Ashden CPT USA SJA

Thursday, December 08, 2011 3:39 PM



Parra, Jairo A. W01 USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-
NCRIMDW SJA

RE: admin meeting

I can go at 0830 if that works. Otherwise it

Anytime tonight is good.

02216120
30920

From:

Sent: Thursday. December 8, 201 1 3:44 PM

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

Morrow JoDean, CPT USA SJA

Subject: RE: admin meeting

Ashden,

How about tomorrow at 1700?? Or in the alternative, perhaps you can respond in writing to the questions?

Best,
David

David E. Coombs, Esq.

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

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

Fax: (508)689-9282



Notice: This transmission, including attachments, may contain con?dential attomey-client
infomtation 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 prohibited."?

Defense_U nclass_Email_1 194

02938076 Previously Submitted in Encl 79
Previously S%itted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Thursday, December 08, 2011 4:01 PM

To: Almanza, Paul

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

Whyte, Jeffrey H. CPT USA Waybright,

Daniel W. SGT USA Matthew kemkes; Paul Bouchard; Tooman,

Joshua CPT MIL US USA Holzer, Mark LTC MIL USA Melissa Santiago
subject: RE: Defense Request to Compel Production of Witnesses

Sir,
In short, the United States maintains its objections.

1. we acknowledge the rights of the accused under RCM 4e5(f). However, we
would like to highlight that there is no documented precedence that empowers
the defense to use the Article 32 investigation to explore all possible
theories of mitigation and extenuation for matters that would only be
potentially relevant during the sentencing phase of the trial, if any. As you
will see in Garcia, the Court, in dicta, quotes Article 32 stating the
"accused has the right to present anything he may desire in his own
but actually rules on the validity of an Article 32 waiver. The defense's
proffered testimony is not relevant to the charged misconduct or any
mitigation or extenuation evidence towards the alleged acts of the accused
(IAN the charge sheet). The defense is simply trying to use the Article 32 as
a vehicle to openly explore alleged failures of the chain of command which are
not relevant to charges, thus outside the scope of RCM 495 and your charter.
In fact, the defense uses the statement "each of these witnesses can provide
different insight into the events that transpired between 1 November 2909 and
27 May however based on the defense's proffer, the "events" are not
related to alleged criminal acts of the accused, but the actions of others who
interacted with the accused.

2. RCM 405(g)(1)(A) purposely limits witness production for witnesses that
are both relevant and not cumulative. Each witness the United States objects
to based on cumulative testimony, is in fact cumulative with others on the
witness list. The purpose of the Article 32 is to conduct a "thorough and
impartial investigation of all matters" and that can still be accomplished by
receiving testimony by multiple other witnesses with similar access to
information, proximity to the accused, or part of the same joint
investigation.

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

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

1

Defense_Unc|ass__Email_1 195



02938076 Previously Submitted in Enci 79

Previously in Enci 1

violations are matters reserved for the convening authority prior to referral
and ultimately a military judge at a court-martial, if this case is referred.
The substance of these matters and the fact they allegedly occurred after the
commission of the alleged offenses make these witnesses not relevant to the
accused's alleged misconduct, thus outside the scope of your investigation.

5. The defense misrepresents the government's position in Footnote 1. The
United States did not state in its response that it would not entertain travel
for defense witnesses based on their production being "too costly and
troublesome.? The United States will entertain the defense's request for
witnesses that are not relevant or cumulative and based on your determination
of availability and method of production, will produce the witnesses.
Additionally, the United States intends to request some of its witnesses be
called telephonically, rather than in person, but cannot make that request
until you make a determination on which witnesses you will call as the
investigating officer. As of today and absent the government's request to
have the senior ranking government officials declared not reasonably
available, the United States has not objected to the personal appearance of
any witnesses, both the government's or defense's. The United States has
objected to you considering certain witnesses based on relevance and/or
cumulative production. However, the United States does intend to make future
requests to have some witnesses testify telephonically to minimize costs,
depending on which witnesses you ultimately order to be produced and are
reasonably available. 3

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

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

Thank you.

v/r
CPT Fein

Defense_Unc|ass_Emai|_1 195



02947965

30923

From:
Sent
To:
Cc:

Subject:

David,

I will get back to you tonight if we can get the information written down.

Fein, Ashden CPT USA SJA
Thursday, December 08, 2011 4:02 PM


Parra. Jairo A. W01 USA JFHQ-NCRIMDW MOITOW HI, JoDean, CPT USA JFHQ-

NCRIMDW SJA
RE: admin meeting

setup a time for tomorrow.

Thank you.
Ashden

Defense_Unc|ass_EmaiI_1 196

Otherwise, we can

Previously Submitted in Encl 79



















02216116
Previously Sgg?gijted in Encl 1
From:
Sent: Thursday. December 8, 201 4:20 PM
rm Armannvat-vjv>
Cc: Morrow JoDean, CPT USA SJA
il>; Overgaard, Angel M. CPT USA JFHQ-

SJA Whyte, Jeffrey H. CPT

USA SJA Waybright,

Daniel W. SGT USA SJA

Matthew kemkes
Paul Bouchard Tooman,
Joshua] CPT MIL US USA TRADOC Holzer, Mark
LTC MIL USA Melissa Santiago
2 Fein, Ashden CPT USA SJ A

Subject: RE: Defense Request to Compel Production of Witnesses
LTC Almanza.

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

relevance on the merits.

A declaration under 28 U.S.C. Section I746 is an "Unswom Statement." As such, unlike sworn statements
under 2823, these statements are not admissible over defense objection unless signed during the Anicle 32
hearing. A plain reading of 28 U.S.C Section I746 and R.C.M. 405(h)(l)(A) undercuts the govemment's
position. The analysis to Article 131 also reaffirms the defense's position.

Best.
David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angeli Street. #317

Providence, RI

02906

Toll ree: I-800-588-4 I56

Local: (508)689-4616

Fax: (508) 689-9282





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

unlawful and is prohibited.?"

Defense_Unclass_Email_1 197

02216114
30925

From:
Sent: Thursday. December 8, 201 I 4:21 PM

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

Morrow Ill, JODean, CPT USA SJA

Subject: a!min meeting

Sounds good. Just let me know.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-S88-4156

Local; (508)689-4616

Fax: (508) 689-9282



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

Defe nse_Unclass_EmaiI__1 198

02216113

From:
Sent:
To:

Cc:

Subject:

30926

Bouchard, Paul cm USA MIL

nday, December 9, 201 8:44 AM
Fein, Ashden CPT USA
SJA



- . SJ A

Santiago, Melissa 8 CW2 USA MIL



RE: Logis ICS

Classi?cation: UNCLASSIFIED

Caveats: FOUO



Ate we good to go on Eric and Trent's travel?? My undetstanding is we're set with Eric but not Trent.
Also. what's the status on the license keys memioned.

I'm available for a at 1500 if need be.

Thanks.

Paul

Defense_Unclass_Emai|_1199

02921260
30927

From: Fein, Ashden CPT USA SJA

Sent: Friday, December 09, 2011 9:05 AM

To:

Cc: coom armyoounmania efenseoom; Kemkes. Matthew MIL Tooman, Joshua

CPT MIL US USA Momow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-


Subject: 1 FW: Request from CPT Paul Boucham, defense counsel, US v. PFC Manning
(UNCLASSIFIED)
Attachments: Qs for SA Amesdocx

Paul,

Different CID Agents have notified us that you have sent them
questionnaires. we were sent one of the questionnaires by SA Anes
(attached). As we opened it, we quickly realized that it states that this
information is No one on the prosecution read any substance
of this information. we would like to discuss whether this information is
work product, before we proceed. we assume it's actually not work product
if you sent the questions to a person identified as a witness and any
statements they make/write is discoverable and not privileged. Please
provide clarity. Thank you.

v/r
Ashden

Defense_Unciass_Emai|_1200

02216112

From:
Sent:
To:
Cc:

Subject:

30928

Bouchard. Paul CPT USA MIL (us)

Friday, December 9, 20H 9: IS AM

Fein, Ashden CPT USA SJA

i ldef e.com; Matthew kemkes

Tooman, Joshua] CPT USA MIL (US)

Morrow JoDean, PT USA

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







USA SJ A

RE: Request from CPT Paul Bouchard. defense counsel. US v. PFC Manning
(UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOU0

Ashden:

That's correct. These an: Art. 32 Gov?! xx I'll be cross examining at the 32. I should have used a plain fonn; it's not work

pmduct.

Son)? for my oversight.

Paul

Defense_U ncIass_EmaiI_1201

02190001

30929

From:
Sent:
To:
Cc:

Subject:
Attachments:

Signed By:

Feito, Beatriz SGT USA JFHQ- SJA
Friday, December 09. 2011 9:26 AM

Fein, Ashden CPT USA Parra, Jairo A. W01 USA
SJ

Travel Authorization (UNCLASSIFIED)

Authorization 11-16Dec.pdf: Lakes Authorization 11-21 Dec.pdf; Struttman Itinerary
16Dec.pdf

Classification: UNCLASSIFIED

Caveats: FOUO

Sir,

Travel authorizations For yourself and Mr. Struttman are attached along with the itinerary
For Mr. Struttnan on the 16th of Dec. Please contact me if you have any Further questions.

Very Respectfully,

SGT Beatriz Feito
Paralegal NCO

JFHQ-NCR, FIN

com-=

Defense_U nclass_Email__1 202



02219362 Previously Submitted in Encl 79
Previously Sgg?gigted in Encl 1

From: Almanza. Paul
Sent: Friday, December 9, 201 9:25 AM

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

Overgaard, Angel M. CPT USA JFHQ-
Fein, Ashden CPT USA

Melissa Santiago







SJ A




Subject: RE: Administrative Issues
Attach: almanza__2- 1 __resume_l .pdf
Mr. Coombs -

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

2. Thank you.

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

LTC Almanza

Defense_Unclass_EmaiI_1203

02216104

From;
Sent:
To:
Cc:

Subject:
Attach:

30931

Bouchard. Paul CPT USA MIL (US)

December 9. 20] I 9:34 AM

Fein. Ashden CPT USA SJA >1 Parra.
Jairo A. W01 USA SJA >1 Feito.
Beatriz SGT USA JFHQ- SJA

FW: Travel Authorization (UNCLASSIFIED)
Strutlman Authorization I I-l6Dec.pdf; Lakes Autliorizauon 1 I-2lDec.pdf; Struttman
Itinerary l6Dec.pdf





Classit'icaIion: IINCLASSIFIH)

Caveats:
Eric/Trent


Paul

Defense_U nc|ass_Email_1204

Previously Submitted in Encl 79






02216102
Previously Sgg?tggted in Encl 1

From:

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

Almam Paul

Cc: Matthew kemkes

Morrow Ill, JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
Fein. Ashden CPT USA
SJA Melissa Santiago

Subject: RE: Administrative Issues

LTC Almanza,

Thank you for the additional information.

Best,
David

David E. Coombs, Esq.

Law O?ice of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-46l6

Fax: (508)689-9282



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

unlaw?ll and is prohibited.""

Defense_U nc|ass_Emai|_1205

02947939 Previously Submitted in End 79
30933

From: Fein, Asnden CPT USA SJA

Sent: Friday, December 09. 2011 9:43 AM

To: Almanza, Paul; coom arm counmaniald nse.com

Cc: Matthew kemkes; Morrow m, JoDean. CPT USA JFHQ-
vergaa nge . Melissa Santiago;
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA

subject: RE: Administrative Issues

Sir,

Thank you. The command will ensure he is restraint Free while in the courtroom. His escorts
will still be present.

v/r
CPT Fein

Defense_U nclass_EmaiI_1 206



02927333
30934

From: Fein, Asnden CPT USA SJA

Sent: Friday, Deoembet 09. 2011 9:44 AM

To: Bouchard, Paul CPT USA MIL

Petra, Jairo A. W01 USA JFHQ-

Cc: Matthew kemkes; Samlago, Melissa CW2 USA MIL (US)

subject: RE: Logistics (UNCLASSIFIED)

Paul,

Please see below.

Defense_UncIass_EmaiI_1207



02216100

From:
Sent:
To:

Cc:

Subject:





30935

Bouchard. Paul on USA MIL (us)

Friday, December 9, 20] I 9:54 AM

Fein, Ashden CPT USA SJA

Parra, lairo A. - DW SJA

Santiago, Melissa CW2 USA MIL



Classi?cation: UNCLASSIFIED

Caveats: FOUO

Thanks. Ashden.
Paul

Defense_U nclass_EmaiI_1208



02217041

From:
Sent:
To:

Cc:

Subject:

30936

Eric Lakes

Friday, December 9, 2011 9:59 AM

Fein, Ashden CPT USA A
Bouchard, Paul CPT USA MIL (US)



Matthew kemkes Santiago, Melissa CW2 USA MIL
(U S)

RE: Logistics (UNCLASSIFIED)








Thanks everyone - didn?t see the ?le - no notes were in the box directing us to that as well

Eric Lakes

Digital Forensic Examiner

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


616 Pasadena Drive

Lexington, KY 40503

cell -
land Ine -



Defe nse_U nciass_Emai|_1209

02216098
Previously Sgga?gifted in Encl 1

From:
Sent: Friday. December 9, 20] I 12:05 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes
Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA FHQ-
NC DW SJA Ford, Arthur D. W01
USA SJA

Subject: RE: US v. PFC BM (Discovery and Other Matters)



Ashden,

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

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

Best,
David

David E. Coombs, Esq.

Law O?ice of David E. Coombs

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

Toll Free: I-800-588-4156

Local: (503) 689-4616

Fax: (508) 689-9282



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

Defense_Unc|ass_Email_1210

02915932
30938

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Friday. December 09. 2011 1:30 PM
I To:
I Cc: Matthew kemkes; Tooman, Joshua CPT MIL US USA

an, - SJA: Overgaard, Angel M. CPT

USA SJA: Ford. Arthur D. W01 USA SJA: Whyte.
Jeffrey H. CPT USA JFHQ-NCRIMDW SJA

Subject: RE: US v. PFC BM (Discovery and Other Matters)

David,

I have added CPT J. Hunter Hhyte to our emails so he is tracking as well.

1. we should get the cube to CH2 Santiago today. It is ready to go for the original reason,
but we are trying to add the newest copy of forensic data that was collected.

2. BATES 0040802-00468234 contains the translation.

I will be able to email you the answers to your admin questions in the next hour. No
perceived issues with your requests and we have practically all the info you are asking for.

v/r
Ashden

Defense_Unclass_EmaiI_1211



02216095
30939

From:
Sent: Friday, December 9, 20]] I :44 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes
Tooman. Joshua
Morrow Ill, JoDean, CPT USA

;Overgaard, Angel M. CPT USA FHQ-








NC Ford, Arthur D. W01
USA SJA Whyte. Jeffrey H.
CPT USA SJA

Subject: RE: US v. PFC BM (Discovery and Other Matters)

Ashden,

Thank you for the information. Can you give CW2 Santiago a time estimate on when the cube will be
delivered?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street. #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

Defense_U nclass_Emai|_1212

30940

From: Fein, Ashden CPT USA SJA

Sent: Friday, Decembef 09, 2011 1:46 PM

To:

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

0291 5928
I

TRADOC: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA: Overgaard, Angel M. CPT
USA JFHQ-NCRIMDW SJA: Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA: Whyte.
Jeffrey H. CPT USA SJA

Subject: RE: US v. PFC BM (Discovery and Other Matters)

Chief,

I hope we will have it out in the next 2 hours so we can enjoy the last weekend before


Defense_Unclass_Emai|_1213

02916426 Previously Submitted in End 79
Previously Sugglitted in End 1

From: Fein, Ashden CPT USA SJA
Sent: Friday. December 09, 2011 1:48 PM
To: Ahnanza,PauI
Cc: Kemkes, Matthew MIL
Toornan, Joshua CPT MIL US USA Morrow
0 an, Overgaard. Angel M. CPT USA JFHQ-
Whyte. Jeffrey H. CPT USA Holzer. Mark LTC MIL

subject: US v. PFC BM (Admin)
Sir,

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

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

2. For planning the proper security, press, and administrative coordination, the United
States recommends that we go on the record each day starting at 0960. we recognize that the
time could change based on a multitude of factors, but having a starting point will allow for
battle development for each of the functional areas.

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

v/r

CPT Fein

Defense_Unclass_Email_1214












02216093 Previously Submitted in Encl 79
Previously in End 1
From:
Sent: Friday, December 9, 20| l:52 PM
To=
Cc: Matthew kemkes .
Tooman, Joshua CPT MIL US USA TRADOC
Morrow 111, JoDean, PT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
SJA Wh te Jeffrey I-I. CPT
USA SJA Holzer, Mark
LTC MIL USA OTJAG Fein. Ashden PT USA IF HQ-
SJA
Subject: RE: US v. PFC BM (Admin)
LTC Almanza,

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

Best,
David

David E. Coombs, Esq.
Law Office of David E. Coombs
ll South Angell Street. #317

Providence. RI

02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282




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

Defense_Unclass_Emai|_1215

02216089
30943

From:

Sent: Friday, December 9, 2011 I :52 PM

To: Fein, Ashden CPT USA SJA
Subject: RE: US v. PFC BM (Discovery and Other Matters)

Thanks Ashden.

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angel] Street, #317 -
Providence. RI 02906 i
Toll Free: 1-800-588-4156 .
Local: (508) 689-4616

Fax: (508) 689-9282





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

Defense_Unclass_EmaiI_1216



02915631
Previously Sggagmted in End 1

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

Cc: 'Kemkes, Matthew MIL 'Tooman, Joshua CPT MIL
US USA Morrow Ill, JoDean, CPT USA Overgaard,
Angel M. CPT USA Whyte, Jeffrey H. CPT USA
Parra, Jairo A. W01 USA SJA

subject: US v. PFC BM (Logistics)

Attachments: Directions from Ba|timore.pdf; Directions from DuI|es.pdf; Directions from Reagan.pdf

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

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

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

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

- Can you describe the defense trailer(s)?
- Are there separate offices in the trailer or is it just one big space?
- Is there a bathroom?
- Is there a phone?
- Do we have a printer/paper?
- Is there internet or a wireless connection?
- Do we have multiple keys to the trailer so that we can leave items
overnight or during the day?
- will the defense be the only ones with keys to the tra1ler(s).

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

The defense and prosecution trailers will have four phone lines installed.
Your phone numbers are: 301-677-3974; 301-677-3975; 301-677-3978;
301-677-3979. All numbers are unpublished please share them with your team
and at your own discretion.

Printers and printing supplies will be provided by the government.

Defense_Unclass_Email__1217

02915631
Previously in Enci 1

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

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

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

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

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

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

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

Answer: In order to have access to the secure area (trailers and courtroom),
a person must have a badge, which N01 Parra will issue. A badge will
be issued to all members of the prosecution and defense teams, along with
other USG staff members (IO, CSO, security, etc.). and badges
will be issued by PAO. 01 Parra will issue badges on a daily
basis. Except for command representatives and USG officials, all
will be required to have an official escort with a badge at all times.
Please provide N01 Parra a list of those you expect on to visit and he will
issue them an accountable badge for that day. For all badges, there
will be a requirement to surrender a government issued ID for the badge.

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

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

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

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

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

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

2

Defense_Unc|ass_Emai|_1 217



02915631

Previously in Encl 1

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

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

Answer: Yes.

V/r
Ashden

Defense_Unc|ass_Emai|_1217

Previously Submitted in Encl 79
Previously in Encl 1

02219360

mm: Anmanza. Paul ?m

Sent: Friday, December 9, 20] I 5; I9 PM
To:
Cc: Matthew kemkes





>o
1

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










DW SJA Jeffrey H. CPT
USA S1 A Holzer, Mark
LTC MIL USA OTJAG Fein, Ashden CPT USA IFHQ-
SJA Prather, Jay Mr CIV USA
OSA

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

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

LTC Almanza

Defense_Unc|ass_Emai|__1218

30948

From:
Sent: Friday, December 9, 20] I 5:32 PM

To: Fein. Ashden CPT USA SJA

Cc: Matthew kemkes
Tooman, Joshua] I
Morrow JoDean, CPT USA IF JA

Overgaard, Angel M. CPT USA
Whyte. Jeffrey H. CPT







USA JFHQ-NC Parra. Jairo A.
WOI USA
Subject: RE: US v. PFC BM (Logistics)
Ashden,

Thank you for the detailed responses. I would like to have BM brought to the defense team area on Thursday
after his lunch l330ish. I anticipate only needing to meet with him until around I630. At the end of each day, I
would like to build in at least an hour to meet with BM

We do not need to discuss the layout of the area and courtroom over the weekend. I will wait until next week to
see it. Enjoy your weekend.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence. 02906

Toll Free: 1-800-588-4156

Local: (508) 689-46l6

Fax: (508)689-9282



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

Defense_Unclass_Emai|_1219



0291 5728

From: Fein, Ashden CPT USA SJA

Sent: Friday. December 09. 2011 6:09 PM

To:

Cc: Matthew kemkes; Tooman. Joshua cm MIL us USA
Morrow JoDean. CP USA JFHQ-NCRIMDW Ovengaand, Angel M. CPT

USA Whyte. Je rey H. CPT USA Pena.

Jairo A. W01 USA A

Subject: US v. PFC BM (Forensic Cube)
Attachments: 111209-Contents of Forensic Cube.pdf
David,

Attached is the listing of the contents of the cube we returned to CH2
Santiago today.

v/r
Ashden

Defense_Unclass_Emai|_1220

30949



0291 5233

Ftom:

To:
Cc:

Subject:

David,

30950

Fein. Ashden CPT USA SJA
Friday, December 09, 2011 7:01 PM


Joshua CPT MIL US USA

Matthew kemkes; ?rooman.
Morrow ean, Overgaard, Angel M. CPT

USA Whyle. Jeffrey H. CPT USA JFHQ-NCRIMDW Parra.
Jairo (Security Issues)

Please notify Mr. Hall that I sent him a SIPRNET email pertaining to the

security issues.

v/
Ashden

Defense_Unclass_Emai|_1221

Thank you .

02216085

From:
Sent:
To:
Cc:

Subject:

30951


Friday, December 9, 20]] 7:53 PM

Fein, Ashden CPT USA SJA

Paul Bouchard

Matthew kemkes . Josh Tooman



Overgaard, Angel M. PT USA JFHQ-
il>; Whyte. Jeffrey H. CPT
Parra, Jairo (Security Issues)

I will let him know. Thanks.
Sent from my Verizon BlackBeny

Defense_Unclass_Emai|_1222

02216083
30952

From:
Sent: Sunday, December 20|l 5:25 PM
To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes
Tooman, Joshua
Morrow [11, JoDean, PT USA A

Overgaard, Angel M. CPT USA FHQ-
Whyte, Jeffrey H. CPT








USA SJA Parra. Jairo A.
WOI USA SJA
Subject: Discovery
Ashden,

With regards to the video recording at the Brig, there should be a recording with CWO4 Averhart. Has the Brig
provided you with this recording?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

Defense_UncIass_Email_1223

Previously Submitted in Encl 79








02216082
Previously S?gted in Encl 1

From:

Sent: Sunday, December 11, 2011 6:14 PM

To: Anmanza.va-nj>

Cc: Matthew kemkes

Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JF HQ-
Fein, Ashden CPT USA
SJ A Melissa Santiago

Subject: Telephonic 802

LTC Almanza,

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

Best,
David

David E. Coombs, Esq.

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

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

Fax: (508) 689-9282




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

Defense_Unclass__EmaiI_1224

02919097 Previously Submitted in Encl 79

Previously in Encl 1

From: Fein. Ashden CPT USA SJA

Sent: Sunday. December 11. 2011 6:15 PM

To: Almanza, Paul

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

vergaa nge . A Melissa Santiago

Subject: RE: Teiephonlc 802

Sir,

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

Thank you.

v/r
CPT Fein

Defense_Unclass_Emai|_1225



From: Fein, Ashden CPT USA SJA

Sent: Sunday. December 11, 2011 6:19 PM

To:

Cc: Kemkes, Matthew MIL 'Tooman, Joshua CPT MIL
US USA Morrow an, HQ-N Overuaard.
Angel M. CPT USA Whyle. Jeffrey H. CPT USA
Fond. Anhur D. W01 USA SJA

Subject: US v. PFC BM (Disoovety. etc.)

David,

On Friday we nailed to you (Tracking 7610 1060 0061 1274 4118) and delivered to CH2
Santiago multiple documents (documents from the SecArmy 15-6 and others) (BATES: 00410671-
06410689). we will deliver another copy to CPI Bouchard this week, so you will have it when
you arrive.

Additionally, as you should already know, on Friday, CH2 Santiago picked up the cube and an
additional hard drive. Based on your request for us to return the cube by today and in an
effort to minimize any possible delays, we provided an additional hard drive that has new
information on it (Document Number 179-11). As your Forensic experts work, could you please
have then copy the contents of the hard drive onto the cube and return the hard drive to us
by C08 Wednesday? Once we get all the CID paperwork that goes along with the piece of
evidence, we will get you copies in discovery before the middle of the week.

As For your email earlier today about the brig recording with CHO4 Averhart, I will look into
this and get you an answer in the next few days.

v/r

Ashden

Defense_Unc|ass_Emai|_1 226

02216080
30956

From:
Sent: Sunday, December ll, 201 6:29 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes
Tooman. Joshua MIL A
M_or_row JoDea1t: USA

Overgaard, Angel M. CPT USA FHQ-
Whyte. Jeffrey H. CPT
Ford, Arthur D.







USA JFHQ-NC
W01 USA

Subject: RE: US v. PFC BM (Discovery, etc.)

Ashden.

I will have Paul request that our experts copy the hard drive onto the cube. Once they do so, we will get the
hard drive back to you.

With regards to the latest discovery, I will pick it up at Paul's office on Tuesday. Any additional discovery can
simply be handed to me.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #3 I7
Providence, RI 02906

Toll Free: l-800-S88-4 56

Local: (508) 689-4616

Fax: (508)689-9282
mm



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

notify the sender and delete all copies. Unauthorized disclosure, copying or use of this information may be
nniourgui and 3:

Defense_Unc|ass_Emai|_1227

02915802

30957

From:
Sent:
To:
Cc:

Subject:

.

Defense_Unclass_EmaiI_1228

Fein, Ashden CPT USA SJA
Sunday, December 11, 2011 6:47 PM

Matthew kemkes;
JoDean, CPT USA JFHQ-NC DW
Whyte. Jeffrey H. CPT USA A: 0nd, Arthur
SJA

Re: US v. PFC BM (Discovery. etc.)





Previously Submitted in Encl 79






02219357
30958

From: Anmanza. Paul
Sent: Sunday, December I I, 20] I 10:34 PM
To: Fein, Ashden CPT USA SJA


Cc: Matthew kemkes

Morrow JoDean, CPT USA SJA

il>; Overgaard, Angel M. CPT USA JFHQ-

SJA
Subject: Re: Telephonic 802
Counsel -

I'm available any lime tomorrow. bul given the go\'ermnetl's availability. we should plan for 1500.

Thanks. and talk to you then.

Almama

Defense_Unc|ass_EmaiI_1229



02216078 Previously Submitted in Encl 79

Previously in Encl 1




From:
Sent: Sunday, December I I, 20l I I PM
To: Alm Fein, Ashden CPT USA

SJA

Morrow .IoDean, -

11>; Overgaard, Angel M. CPT USA .IFHQ-
DW SJA
I

Subject: RE: Telephonic 802
LTC Almanza,

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

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508) 689-46I6

Fax: (508)689-9282



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

Defense_Unclass_Email_1230



02216076

30960

From:

Sent: Monday, December 12, 201] 8:40 AM

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







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

Whyte. Jeffrey H. CPT








USA SJA Parra, Jairo A.
W01 USA SJA Hall Cassius
Mr FMMC (FTMYER)

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

Ashden,

Mr. Hall has not received any emails from you on SIPR. You should resend you email to him.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #3 l7
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

Defense__Unclass_EmaiI_1231



Previously Submitted in Encl 79
30961

02219354

Fm-= Almanza? Paui



Sent: Monday, December I2, 201 I 2:46 PM
To: ein. Ashden CPT USA
SJA -
Morrow .loDean, A -
Overgaard, Angel M. CPT USA JFHQ-

Subject: Re: Telephonic 802
All-

I'm at MDW. The nunber in the office where I'm working is -

I don't think this phone has a conference line, so CPT Fein, if there's a number we should call in to. or if you'll initiate the
call, please let me know.

LTC Almanza

Defense_U ncIass_Emai|_1232

02919150 Previously Submitted in Encl 79
30962

From: Fein, Ashden CPT USA SJA
sent: Monday. December 12. 2011 2:51 PM
To: ?Almanza, Paul?;
Cc: Matthew kemkes; Morrow JoDean. CPT USA JFHQ-
Overgaan:1,Angei M. CPT USA JFHQ-NCRIMDW
Vwyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA

Subject: RE: Telephonic 802
Sir,

we are setting up right now and will initiate the three way conversation. If
Mr. Combs could have Kemkes called up on his side, then we can ensure all

are on the call.

v/r?
CPT Fein

Defense_Unclass_Email_1233

02216072 Previously Submitted in Encl 79
30963

From:
Sent: Monday, December I2, 20ll 2:56 PM
To: Fein. Ashden CPT USA SJA
Almanza. Paul
Cc: Matthew kemkes






Morrow JoDean. CPT USA IF SJA
Overgaard, Angel M. CPT USA

Whyte, Je?rey H. CPT USA SJA

Subject: RE: Telephonic 802


I will be the only member from the defense team on the call. You can reach me at my 40l-744-3007 number.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

1 South Angeli Street, #317
Providence, RI 02906

Toll Free: l-800-588-4156

Local: (508) 689-46l6

Fax: (508) 689-9282



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

Defense_U nclass_EmaiI_1234

02189882
30964

From: Feito, Beatriz USA IFHQ- sm

Sent: Monday, December 12, 2011 3:54 PM

Matthew kemkes
Cc: Fein, Ashden USA SJA
Parra, Jairo A. wor USA SJA

Subject: LOA



Sir,

You now have access to the l2U SvsMan" LOA. Please be sure to edit meals from 16-23 Dec to show that lunch is provided, that will
drop the per diem for those dates to $39. DOL will provide lunch during proceedings. Please let me know if you have any further
questions.


SGT Feito

Defense_Unclass_Emai|_1235

02216070 Previously Submitted in Encl 79
Previously in End 1
From:
Sent: Monday, December 12, 2011 5:44 PM

To: Fein, Ashden CPT USA
Cc: Matthew kemkes
Morrow 1H, JoDean, -

Overgaard, Angel M. CPT USA JFHQ-
JA
il



RE: Telephonic 802

Subject:

LTC Almanza,

28 U.S.C. 1746 Statements

In response to your request for us to look at 2010 WL 2265833 and 2002 WL 243445, the defense's position is
that both cases are inapplicable to the situation at hand. In Faison, the 10 found that TRD was unavailable and
that her videotaped statement was sworn. Such a detennination was appropriate given the fact TRD responded
to questions indicating that she knew the difference between the truth and a lie and promised to tell the truthCCA correctly concluded, this colloquy more than adequately satisfied the
oath/affirmation requirement so as to make TRD's videotaped statement a sworn statement under R.C.M. 405(g)
In the instant case, unswom statements under 28 U.S.C. 1746 do not share any of the same
hallmarks of a sworn statement. The statements are not made in front of anyone and the statements are not
similar, in that they are not made in front of a person authorized to administer oaths.

Likewise, Elsevier dealt with a videotaped interview that was done without a formal swearing or oath.
However, it qualified as a sworn statement in accordance with R.C.M. since on a later date the
unavailable witness did swear to the truth of the statements contained therein. The IO correctly found this to be
a sworn adoption of the videotaped interviews that, pursuant to United States v. Wood, 36 M.J . 651 (A.C.M.R.
1992), rendered it admissible. None of the individuals who provided the unswom statements under 28 U.S. C.
1746 have subsequently provided a sworn adoption of their unswom statement in accordance with R.C.M. 405



An unswom statement provided under 28 U.S.C. 1746 does not qualify as a sworn statement. In order for an
unswom statement provided under 28 U.S.C. 1746 to be admissible, it must be subscribed and signed "in a
judicial proceeding or course of justice" at the Article 32 hearing. A plain reading of 28 U.S.C Section 1746
and R.C.M. 405(h)(l)(A) undercuts any argument to the contrary.

ilosute

While the Defense acknowledges the general right of the public to attend criminal proceedings, such right is not
unfettered and must be balanced by the right of the accused to a fair trial. Specifically, the Defense maintains
that the public's interest in five discrete pieces of evidence, which may or may not be admissible if the case
proceeds to trial, is not sufficiently overwhelming to override the accused's right to a fair trial. It is important to
note that all of the cases in this area involve the government attempting to close the Article 32 hearing while the
accused was attempting to assert the right to a public hearing. Here, it is the accused who is asserting his right
to close parts of the hearing in order to preserve the integrity of the judicial process and to ensure his right to a
fair trial. The Government can point to no harm to its case based upon the defense's request. Instead, the
discussion seems to be centered on subsequent steps that a military judge can take to cure any error at the
Article 32. This analysis is misguided given the relative ease of avoiding the harm and the limited nature of the
defense's request. Certainly, to the extent that we are going to err, we should err on the side of caution. In this
instance, that would mean closing the hearing during those limited times requested by the defense.

A.lI_Itainins

Defense_Unclass_EmaiI_1236



02216070 Previously Submitted in Encl 79
Previously in Encl 1

The defense has attached the referenced email regarding the IT training.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282




Notice: This transmission, including attachments, may contain con?dential 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_1236

02920712

From: Fein, Ashden CPT USA SJA

sent: Monday. December 12, 2011 8:44 PM

To: Kemkes, Matthew MIL USA

Cc: Monow JoDean, CPT USA JFHQ-NCRIMDW


Subject: Safe
MAJ Kemkes,

30967

Can we please chat tomorrow about the proposed resolution going forward with the storage of
classified information and the deFense?s safe? Thank you.

v/r

Ashden

Defense_U nc1ass__Emai|_1 237

02219348

From:
Sent:
To:

Cc:
Subject:
Attach:

Previously Submitted in Encl 79
Previously Sgg?gigted in Encl 1

Almanza, Paul LTC RES USAR USARC

Monday, December 12, 20]] 9:00 PM

Morrow JoDean, CPT USA SJA
Fein, Ashden CPT USA




SJ A
Overgaard, Angel M. CPT USA IF HQ-

SJA Matthew kemkes
Wh te, Jeffrey List (UNCLASSIFIED)

Manning Article 32 Witness List 12121 1rev.doc







Classi?cation: UNCLASSIFIED

Counsel -

Attached per my conversation with CPT Fcin and Mr. Coombs this a?emoon is a copy of my witness list for the hearing.

I will circulate a signed version of this document as soon as possible.

Thank you.
LTC Almanza

Classi?cation: UNCLASSIFIED

Defense_Unclass_EmaiI_1 238

Previously Submitted in Encl 79





02919147
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Monday, December 12. 2011 9:01 PM

To: Almanza, Paul

Cc: Matthew kemkes; Morrow JoDean. CPT USA JFHQ-

NCRIMDW . A
Whyte. Jeffrey H. CPT USA SJA
Subject: elephonic 802
Sir,

The United States maintains its previously stated position on both the validity of the sworn
statements and keeping the hearing open to the public in order to reduce public scrutiny and
ensure transparency of the military justice process.

Our systems were down tonight, and we will send a copy of the email the defense referenced

tomorrow.

v/r
CPT Fein

Defense_Unclass_Email_1239

Previously Submitted in Enel 79
30970

02219346

mm: mm Paul

Sent: Monday, December I2, 201 I 9:15 PM

To: Fein. Ashden CPT USA SJA



Morrow JoDean, -

.Over aard, An el M. CPT USA JFHQ-








Whyte, JefTrey H. CPT USA SJA

Subject: Re: Telephonic 802

All -

I lust sent the witness list I mentioned in my conversation with Mr. Coombs and CPT Fein from my alto account
As I haven't yet received it on my DOJ email to which I sent it as a cc. just wanted to let you know it's

on its nay.

Also. counsel. I intend to ask my legal adyisor for advice on whether a statement under penalty of perjury should be considered a
"swom statement? that can be considered by the IO over defense objection if the witness is not reasonably available.

Thank you.

LTC Almanza

Defense_U nclass_Emai|_1240

02919143

From:
Sent:
To:

Cc:

Subject:

Sir,

The United States received your email.

v/r?
CPT Fein

Defense_U nclass_Emai|_1 241

Previously Submitted in Encl 79
30971

Fein, Ashden CPT USA SJA

Monday, December 12, 2011 9:21 PM

Almanza, Paul; Almanza, Paul LTC RES USAR
USARC:

Matthew kemkes; Morrow m, JoDean, cm USA JFHQ-
eroaa Ange . A SJA:

Whyte. Jeffrey H. CPT USA
we nm

Previously Submitted in Encl 79
Previously S%??ted in Encl 1



From:
Sent: Monday, December I2, 20l 9:42 PM



To: Alm Fein, Ashden CPT USA
SJA
Morrow JoDean, -

Overgaard, Angel M. CPT USA






Whyte, Jeffrey H. CPT USA SJA

Subject: RE: Telephonic 802

LTC Almanza,

The defense received your list of intended witnesses. It is the defense's understanding that the listed witnesses
are those that you would want to hear from during the hearing. If a specific witness is listed as reasonably
available by you, then this witness is to be produced as a live witnesses. The defense is unsure of your intent
regarding a witness that is on your list but is listed as "not reasonably available." It appears that you are
deferring to the government regarding whether these witnesses will be produced and in what manner. The
defense believes that this determination must be made by you and not the government.

If the defenses reading of your memorandum is correct, it appears that only 12 witnesses will be called at the
Article 32 (one of which will invoke his 5th Amendment Right). The remaining witnesses, under the above
understanding, will testify if at all, at the government's discretion.

With regards to the witnesses not listed by you, the defense requests a mling regarding whether these witnesses
have been deemed as either not relevant, cumulative or not reasonably available. Under R.C.M.
the defense objects to the detennination that its listed witnesses are either not relevant, cumulative or not
reasonably available.

Best,
David

David E. Coombs. Esq.

Law Of?ce of David E. Coombs
1 I South Angell Street, #317
Providence, RI 02906

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

Fax: (508) 689-9282



warmyoou artialdefense.com

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

Defense_U ncIass_EmaiI_1242

02919137 Previously Submitted in Encl 79
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Monday, December 12, 2011 10:51 PM

To: Almanza. Paul; Almanza, Paul LTC RES USAR
USARC

Cc: Matthew kemkes Mormw Ill, JoDean, CPT USA JFHQ-
vergaa . ge M. SJA:
Whyle. Jeffrey H. CPT USA SJA

Subyun: eephonkz 2

Attachments: SFC Adkins ART-31 .pdf

Sir,

As for those witnesses you determined to be reasonably available, the United States agrees
with the defense's interpretation.

Based on the attached memorandum, SFC Adkins is invoking his Article 31 rights. The United
States will produce him if you determine his presence is required to invoke his rights.
Otherwise, all the government's offered witnesses are available and the United States will
check on the status of CPT Keay and SGT Padgett (defense offered witnesses) tomorrow morning.
DTS should not be an issue, if they are available.

As for any witness designated as not reasonably available, the government requests to call
them as telephonic witnesses, if you are not considering their sworn statements.

The United States joins the defense in the request for you to annotate for the record which
witnesses you deemed not relevant or relevant but cumulative.

Finally, as we discussed earlier today during our conference call, the United States stands
ready to coordinate the travel for those witnesses that are reasonably available or
alternative testimony of each witness that you deem relevant and not cumulative, from both
the government's and defense's witness lists.

Thank you .

v/r
CPT Fein

is on your list out is listed as "not reasonably available." it appears tnat you are
deferring to the government regarding whether these witnesses will be produced and in what

1

Defense_UncIass_Emai|_1243

02216065
30974

From: Bouchard, Paul cm USA MIL man

Sent: Tuesday, December 13, 2011 8:03 AM

To: Fein, Ashden USA sm


Subject: Message from CPT Bouchard (UNCLASSIFIED)



Classification: UNCLASSIFIED
Caveats: FOUO

Ashden:

Our computer forensics team started their work yesterday. We don't have Internet Evidence Finder and Chrome
Analysis. Will you guys deliver it, do we pick it up

Please advice.

Thanks,

Paul

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_UncIass_EmaiI_1244

02216060 Previously Submitted in Encl 79
Previously in Encl 1

From:
Sent: Tuesday, December I3, 20l 8:38 AM

To: Almanza, Paul Almanza, Paul LTC RES USAR USARC





Cc: Matthew kemkes

Morrow Ill, JoDean, CPT USA SJA

Overgaard, Angel Jeffrey H. CPT USA SJA
Fein, Ashden CPT USA

Subject: RE: Telephonic 802

LTC Almanza,

The defense requests that SF Adkins be produced at the Article 32 hearing. The basis that SFC Adkins is
attempting to avoid testifying is not a proper invocation of his Article 31 rights or his 5th Amendment right
against self-incrimination. The Fifth Amendment protections only apply to in a custodial interrogation and
when the individual questioning is law enforcement. Article 31 applies only when the military questioner is
acting or could reasonably be considered as acting in an official law enforcement or disciplinary capacity.
United States v. Bell, 44 M.J. 403 (C.A.A.F. 1996) (Article 31 requirement for warnings does not apply at trial

or Article 32 investigation). SFC Adkins is attempting to invoke his Article 3] rights in a noncriminal matter
(administrative reduction) and when he is not the subject of any questioning designed to elicit incriminating
statements. He should therefore be ordered to testify.

In the alternative, the defense requests that the government provide a grant of testimonial immunity to SFC
Adkins under R.C.M. 704(e). SFC Adkins is a material witness at the Article 32 hearing. The fact that he is
appealing his reduction in rank should not provide him with the ability to avoid testifying.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Toll Free:

Local: (508)689-4616

Fax: (508) 689-9282


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

Defense_Unclass_EmaiI_1245

02219342 Previously Submitted in End 79
Previously in End 1

Fr?m= Almma? Paul

Sent: Tuesday, December l3. 20l I 8:56 AM

To: Fein. Ashden CPT USA


Cc: Matthew kemke
Morrow JoDean, A - A

Overgaard, Angel M. CPT USA JFHQ-







SJA
Whyte, Je rey H. CPT USA SJA

Subject: Re: Telephonic 802

Counsel -

Yes. I intend that witnesses I listed as "reasonably available? be produced as live witnesses at the hearing. and witnesses I listed as
?not reasonably available? be heard from through an altemative to testimony.

My making initial determinations as to availability of witnesses does not constitute my deferring to the government on whether
witnesses will be produced or not. Rather. I simply made an initial detennination as to hcther witnesses were reasonably available
or ml per RCM and (B).

I then asked the govemment if they believed any witness was not reasombly available to see if there are an_v issues with immediate
commanders of military witnesses detennining that they are not reasonably available or civilian wiutesses not being reasonably
available.

I then asked the government whether witnesses I initially determined are not reasonably available will be available for telephonic
testimony or whether they believe another alternative to testimony is appropriate in order to detemiine whether there would be arty
issue with telephonic testimony of the witnesses have initially determined are not reasonably available.

As coumel know. there is still an outstanding issue as to whether statements under penalty of perjury ofoertain witnesses on my list
designated as not reasombly available can be considered over deferse objection. For other witnesses on my list that I initially
determined are not reasombly available. I intend to take their testimony telephonieally.

1 will of course note the defense objection and prepare a written determination to whether I deemed witnesses not listed as not
relevant. cumulative. or not reasonably available.

Please let me if you have any questions.

Almama

Defense_Unclass_EmaiI_1246

0221 6059
30977

From: Kemkes, Matthew MAJ MIL USA

Sent: Tuesday, December 13, 2011 9:33 AM

To: Fein, Ashden CPT USA SJA

Cc: Morrow JoDean, CPT USA SJA:



Subject: RE: Safe (UNCLASSIFIED)

Sim-ed Bv= A

Follow Up Flag: Follow up

Flag Status: Completed

Classification: UNCLASSIFIED
Caveats: NONE

CPT Fein,
I am available to talk at your convenience today.

Respectfully,
MAJ Kenkes

Defense__Unc|ass_Email_1247

0221 9335

From:
Sent:
To:

Cc:

Subject:
Attach:

Previously Submitted in Encl 79
Previously S?ta?ygted in Encl 1

Almanza, Paul LTC RES USAR USARC

Tuesday, December 13, 2011 12:18 PM
Morrow 111, oDean, CPT USA SJA

Fein, Ashden CPT USA IF
SJA

Overgaard, Angel M. USA SJA

Matthew kemkes
yte, Jeffrey H. CPT USA SJA

v; Holzer, Mark LTC MIL USA
OTJ AG

US v. PFC BM - Closure Determination (UNCLASSIFIED)

Manning Article 32 Closure Determination 1213] l.doc; Manning Article 32 Witness
List l213ll.doc




Classi?cation: UNCLASSIFIED

Counsel -

Attached is my closure detennination. I've also attached another copy of my witness list - I inadvertently had the wrong office symbol
on what I provided yesterday.

Once I get these documents printed. I will provide signed copies.

LTC Almanza

Classi?cation: UNCLASSIFIED

Defense_Unclass_Email_1 248

02216057 Previously Submitted in Encl 79
Previously Sgg?ngted in Encl 1

From:
Sent: Tuesday, December I3. 20I I 4:2l PM
To: Almanza. Paul LTC RES USAR USARC

JoDean. CPT USA SJA
Fein. Ashden CPT USA




Matthew kemkes
Wh te. Jeffrey H. CPT USA SJA

Cc: lzer, Mark LTC MIL USA
SubjectClosure Determination (UNCLASSIFIED)
LTC Almanza.

The defense does not agree with your analysis under R.C .M. 806(b)(2). The alternatives to closure that you
considered are not, in fact, reasonable in this case. This case has already been subjected to extensive media
scrutiny and PFC Manning has already been adjudged guilty in the court of public opinion. Moreover. several
high-ranking officials (both military and government) have made improper comments concerning PFC
Manning's probable guilt and appropriate punishment. In a case such as this, there is no substitute for ensuring
that potentially inadmissible and highly inflammatory evidence is not placed into the public realm.

The defense respectfully requests that you reconsider your ruling. In the event that you decline to do so, the
defense alternatively requests that all media be barred from the proceedings in the ?ve instances referenced in
the defense's motion. Any non-media individual would be pennitted to remain in the courtroom. Under the
discussion to R.C.M. 806(b)(2), this is not a "closure" and therefore would not have to meet the elements
outlined in the closure mles. Should you exclude media pursuant to this request. the defense further requests

that you issue a gag order barring the individuals remaining in the courtroom from discussing the testimony
elicited.
Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence. RI 02906

Toll Free: I-800-S88-4156

Local: (508)689-4616

Fax: (508) 689-9282




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

unlawful and is prohibited.?"

Defense_UncIass_EmaiI_1249

02216052 Previously Submitted in Encl 79
Previously in Encl 1

rom:

Sent: Tuesday, December l3. 201 6:45 PM

To: Fein. Ashden CPT USA SJA
Almanza. Paul Almanza. au

Matthew kemlws
Morrow JoDean, A - DW IA

Overgaard, Angel M. CPT USA FHQ-




SJA
Whvte. Je?rey H. PT USA SJA

Subject: RE: Telephonic 802

CPT Fein,

Can you provide me with a list of those witnesses that the government is producing in person, and those that the
government will make available by telephone??

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angeli Street, #3l7
Providence. RI 02906

Toll Free: I-800-588-4156

Local: (503) 689-4616

Fax: (508)689-9282



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

Defense_U nclass_Emai|_1250

Previously Submitted in Encl 79






02216051
Previously in Encl 1

From:

Sent: Tuesday, December 13, 2011 7:07 PM

To: Almanza, Paul LTC RES USAR USARC Morrow I11,

JoDean, CPT USA SJA
ein, Ashden CPT USA SJA
Overgaard, Angel M. CPT USA IF SJA
Matthew kemkes
Whyte, Jeffrey H. CPT USA SJA

Cc: lzer, Mark LTC MIL USA OTJAG

Subject: Rulings on Defense Motions

LTC Almanza_

The defense requests that you issue a ruling on the following defense motions prior to the date of the Article 32:

1) The defense request for production of evidence;

2) The defense objections to the government's requested evidence;

3) Those witnesses that are being produced in person, and those that are being produced by telephone;

4) The basis for the denial of the defense requested witnesses;

5) The defense request for reconsideration of the closure motion; and

6) The defense request for exclusion of media and a gag order.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282




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

m'lfn.m

unlawful and is prohibited.

Defense_Unc|ass_EmaiI_1251

02216046 Previously Submitted in Encl 79
Previously Sgg?ggted in Encl 1

From:

Sent: Tuesday, December 13, 2011 8:30 PM

To: Fein. Ashden cm usa sm
Almanza, Paul Almanza. Paul LT RE
Morrow JoDean, -

Overgaard, Angel M. CPT USA JFHQ-









SJA .
Whyte, Jeffrey H. CPT USA SJA

Subject: Telephonic 802

LTC Almanza,

The defense would also request that you issue a ruling on its request to order SFC Adkins to testify at the
Article 32 hearing given the fact that his basis for refusing to do so deals with an administrative matter. The
defense also requests that the government indicate whether it has taken any steps to issue a grant of immunity to
SF Adkins. and if not. why not.

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

I South Angell Street, #3 I 7
Providence, RI 02906

Toll Free: l-800-588-4 I 56

Local: (508)689-4616

Fax: (508)689-9282





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

Defense_UncIass_Email_1252

02219330 Previously Submitted in Encl 79
Previously in Encl 1

From: Almanw Paul






Sent: Wednesday, December 14, 201] 9:08 AM
To:
Cc: Matthew kemkes

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

SJA
Whyte. Jeffrey H. CPT USA SJ A

Fein, Ashden CPT USA
Holzer, Mark LTC MIL USA OTJAG

Subject: Re: Telephonic 802

Counsel

This provides notice that I intend to ask my legal advisor whether SFC Adkin should be produced at the hearing in light of
his memorandum indicating that he intends to invoke his Article 31 and 5th Amendment rights and. if so, whether he may
be ordered to testify given that the matter cited in his memorandum is an administrative one.

Thank you.
LTC Aknanza

Defense_UncIass_EmaiI_1253

02919131 Previously Submitted in Encl 79
30984

From: Fein. Ashden CPT USA SJA

sent: Wednesday, December 14, 2011 10:00 AM

To: Almanza, Paul;
Cc: Matthew kemkes; Momow ean,

SJA: Ovemaard. Angel . A SJA:
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA:
Holzer, Mark LTC MIL USA OTJAG

Subject: RE: Telephonic 802

Sir,

Good morning. The United States has additional comments; however our email server has been

down since 1947 hours last night and is now only sporadically available.

we are working to

get our response and an update in the next few minutes.

v/r
CPT Fein

Ashden Fein
CPT, JA

Chief, Military Justice



Defense_U nclass_Emai1_1 254

Military District of washington (mu)





02919120 Previously Submitted in Encl 79
Previously Sg?ggigted in Encl 1
From: Fein, Ashden CPT USA SJA
sent: Wednesday, December 14, 2011 10:37 AM
To: Almanza, Paul;

Cc: Matthew kemkes; Morrow Ill, JoDean, CPT USA JFHQ-
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA
Holzer, Mark LTC MIL USA OTJAG

Subject: RE: Telephonic 802

Attachments: Fw: Sworn Statement (UNCLASSIFIED)
Importance: High

Sir,

Good morning. The government was without email from at least 1937 last night until 1030 this
morning. This email serves as an update to your witness request and other administrative
issues up to 1937 last night. Email is sporadic but we should be able to continue
communicating through email.

witness List. The government is working to finalize whether witnesses will be available for
telephonic testimony. we do not anticipate any issues with telephonic testimony of the
witnesses you ruled "not available" except the below witnesses.

1. we do not know whether the different original classification authorities (0CAs) will be
available for telephonic testimony and will likely not know until 1360 on 15 Dec 11.

2. The United States requests CPT Keay be deemed not reasonably available and testify via
telephone. CPT Keay is currently scheduled for block leave during the hearing and already
has airline tickets and other non-refundable reservations. we are working to obtain copies
of his leave form and other travel documents.

3. The United States requests SGT Padgett be deemed not reasonably available and testify via
telephone. SGT Padgett just returned from a five month TDY for MOS re-classification
training (AIT). He just returned to the unit and we expect more information from the command
in the next few hours. I will forward the commander's decision about his physical presence
and reason, once we receive it.

4. The United States requests Mr. Adrian Lamo's be deemed reasonably available. Mr. Lamo is
diagnosed with asperger This is a high functioning form of autism. Based on his
medical condition, he will not likely be able to relay meaningful testimony over the
telephone that should assist you in your investigation, and allow the prosecution and defense
to adequately question him. Additionally, the witness would likely be non-responsive if
testifying over the telephone. Rather than rule him reasonably unavailable but available for
telephonic testimony, the United States requests the ability to produce him for in-person
testimony, if he is willing to participate in the hearing.

5. The United States requests SFC Adkins be deemed not reasonably available based on the
previously provided memorandum stating he intends to invoke his rights under Article 31.
witness who is unavailable under Mil. R. Evid. is not ?reasonably available.'"
RCM MRE 864(a)(1) incorporates in the claim of privilege against self-
incrimination.

6. N01 Balonek is not available for telephonic testimony based on the attached email stating
he intends to invoke his rights under Article 31. witness who is unavailable under Mil.
R. Evid. is not ?reasonably available.'" RCM MRE 8e4(a)(1)
incorporates in the claim of privilege against self-incrimination.

7. As of three months ago, Inmate Whitfield was a represented party and the United States is
working to contact his civilian defense counsel to first determine whether he is still a
represented party, and then to request Inmate whitfield's cooperation with your order. The
confinement facility is prepared to provide him access to a telephone for testimony.

Defense_UncIass_EmaiI_1255

02919120 Previously Submitted in Encl 79
Previously in Encl 1


CPT Fein

Defense_Unc|ass_Emai|_1255



02216038 Previously Submitted in Encl 79
Previously in Encl 1

From:

Sent: Wednesday, December 14, 201 PM

To:
Cc: Matthew kemkes

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






yte, Je rey H. PT A SJA
Holzer, Mark LTC MIL USA OTJ AG
Fein, Ashden CPT USA SJA

Subject: RE: Telephonic 802

LTC Almanza,

The defense objects to having the listed OC A witnesses testify by telephone. The defense's ability to question
these witnesses will be frustrated by not having them in person. The defense intends to discuss classi?ed
information with each witness. in order to adequately do so, the defense will need to hand classified
information each individual witness. As such, having the witness testify by telephone will not ensure a
thorough and impartial Article 32 hearing.

Additionally, the defense objects to each of the govemment's requests below concerning CPT Keay, SGT
Padgett, SFC Adkins, W01 Balonek, and lnmate Whitfield. The govemment has had more than enough time
to ensure these witnesses were available to testify. The fact that a particular witness has made alternative plans
should not be held against the defense given our timely request for the witness.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (503) 689-4616

Fax: (508) 689-9282



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

Defense_Unc|ass_EmaiI_1256

Previously Submitted in Encl 79








02219321
Previously in Encl 1

From: Almam Paul

Sent: Wednesday, December 14, 201 I I103 PM

To:

Cc: Matthew kemkes

Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
Whyte. Je rey H. CPT usii SJA
Holzer, Mark LTC MIL USA OTJAG
Fein, Ashden CPT USA SJA

Subject: Re: Telephonic 802

Counsel-

\Nould you be available for a telephone conference at 1500 today? I'd like to discuss the issues oonceming witness
availability mentioned below.

I am working on the other outstanding items.

LTC Almanza

Defense_UncIass_Emaii_1257

02919111

Previously Submitted in Encl 79
Previously in Encl 1







1.
Ftom: Fein, Ashden CPT USA SJA
Sent: Wednesdav. December 14, 2011 1:27 PM
To:
Cc: Morrow JoDean, CPT USA JFHQ-
husnnuovv
A
Holzer, Mark LTC M1L USA 0 JAG
subject: Re: Telephonic 802

Sir. No issues.

Defense_Unclass__Emai|_1258

Previously Submitted in Encl 79










02216029
Previously Sgg?ggted in Encl 1

From:

Sent: Wednesday, December 14, 201 I 1:39 PM

To= Almanza. Pat-I

Cc: Matthew kemkes

Morrow JoDean, CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-
1; Whyte, Jeffrey H. CPT usai SJA
Holzer, Mark LTC MIL USA OTJAG
Fein Ashden CPT USA SJA

Subject: RE: Telephonic 802

LTC Almanza.

1 will be available on my cell at 1500.

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



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

Defense_Unc|ass_EmaiI_1259

02219311

Previously Submitted in Encl 79








Previously Sgg?giped in Encl 1

From Almw-a. PM

Sent: Wednesday, December 14, 2011 2:34 PM

To:

Cc= Matthew kemkes

Morrow Ill, JoDean, CPT USA JFHQ-N JA
Overgaard, Angel M. CPT USA FHQ-
Whyle, Je rey H. PT USA SJA
Holzer, Mark LTC MIL USA OTJAG
ein, Ashden CPT USA IF SJA

Subject: Re: Telephonic 802

CPT Fein -

I'll be available at
Thanks.

LTC Alma nza



Defense_UncIass__EmaiI_1260

02919099 Previously Submitted in End 79
Previously in End 1

From: Fein, Ashden CPT USA SJA
sent: Wednesday, December 14, 2011 2:36 PM
To: Almanza, Paul;

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

Ove aard Angel M. CPT USA
Whyte, Jeffrey H. USA
ozer, a I USA TJAG

Subject: - RE: Telephonic 802

Sir,
1500 works for the prosecution. I will initiate the phone call. Below are the government?s
responses and other comments of on-going issues:

Excluding the Press. Sessions should only be closed as a last resort. The press is part of
the public, and wholesale exclusion of the press is too broad. Again, the purpose of an open
hearing is to subject the Article 32 to public scrutiny to ultimately enhance the public?s
confidence in our system. As the defense points out, this case already has media scrutiny
and closing the hearing to the media will not achieve the purpose of the open hearing. This
issue was contemplated by ACCA in its decision in Denver Post.

OCA witnesses. The proposed testimony about alleged damage assessments is not relevant, and
the United States does not approval to turn over or use any damage assessments, if they
exists. Therefore, any proffered testimony by the defense will not be authorized to be
discussed. This is hypothetical testimony based on documents that may or may not exist. The
United States can affirm that some of the documents do exists and others do not. The United
States is working on whether it has the authority to disclose the existence of the documents
to the defense, as requested by the investigating officer. Telephonic testimony, if
available, should suffice for the defense, prosecution, and investigating officer to have the
opportunity to questions the declarants of all the sworn statements, for all but two of the
declarations because those two are classified. If an oGA?s OCA is available for telephonic
testimony, then the United States will have a secure phone with speakerphone capability
available for the defense, prosecution, and investigating officer to ask questions based on
those declarations.

SGT Padgett and CPT Keay. At this point, we have been informed by the brigade judge advocate
that both Soldiers will likely be deemed not reasonably available. we are working this
procedure and will provide any documentation, if this does occur.

Government?s Time. The United States is working diligently to obtain the availability of all
witnesses you selected to provide testimony. The reason that CPT Keay, SGT Padgett, and
Inmate whitfield?s availability is taking longer than all the others is because none of the
witnesses were aware that the defense was asking for their participation in this Article 32.
The first time any of them or their chains of command became aware, was after you published
your list. The United States does not prospectively notify individuals that they might be
called as defense witnesses, rather the United States coordinates travel and availability
once the investigating officer makes a determination, and there are no administrative issues
for their production.

The United States joins the defense in asking for your determination of what evidence you
will consider, so that the prosecution and defense will have time to ask for your
reconsideration, if needed.

For administrative issues, the defense joins the United States in asking for you to pre-
determine the format of the hearing. we offer that for taking testimony, the format be

1

Defense__U nclass_EmaiI_1261

02919099 Previously Submitted in Encl 79
Previously S?gted in Encl 1

similar to trial? direct, cross, re-direct, re-cross, and I0 questions. Additionally that
there should be closing argument. The United States also asks for the ability to conduct a
very limited opening statement that is limited to providing you a roadmap of the testimony
and the key pieces of evidence you will be reviewing. The defense does not join the United

States in this request.

v/r
CPT Fein

Defense_U nc|ass_Email_1261



02215968
30994

From:

Sent: Wednesday, December I4, 20l I 4:08 PM

To: Fein. Ashden CPT USA SJA
Subject: Determinations and Evidence List

Attach: 28 USC 1746 Legislative Histoiyrtf; US v. Gundennan (67 MJ 683).nf; Nissho-lwai

Kline (845 F2d l300).rtf; Hart Hairston (343 F3d 762) 2003.rtf; Manning Article 32
Def Obj to Gov Evid Detennin I2 I41 l.doc; Manning Article 32 Evidence List
l.doc

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282



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

Defense__Unclass_EmaiI_1262

02219253 Previously Submitted in Encl 79
Previously in Encl 1

From: Almanza, Paul LTC RES USAR USARC

Sent: Wednesday, December 14, 2011 2:19 PM

To: Almanza, Paul
Feiwhdencpiv MPH -N

Overgaard, Angel M. CPT USA SJA
Holzer, Mark LTC MIL USA OTJ AG

Matt ew emkes
Whyte, Jeffrey H. CPT USA SJA

Fein, Ashden CPT USA
Morrow oDean, CPT USA IF HQ-






Subject: Determinations and Evidence List (UNCLASSIFIED)

Attach: 28 USC 1746 Legislative I-Iistory.rtf; US v. Gunderman (67 MJ 683).rtf; Nissho-Iwai
Kline (845 F2d 1300).rtf; Hart Hairston (343 F3d 762) 2003.rtf; Manning Article 32
Def Obj to Gov Evid Determin 12141 1.doc; Manning Article 32 Evidence List
12141 1 .doc

Classi?cation: UNCLASSIFIED
Counsel -

Three issues, listed below. And in addition to attaching the documents referenced in 1., below, I am also attaching my determinations
regarding defense objections to govemment evidence and my evidence list.

1. Statements under penalty of perjury. I received legal advice from my legal advisor yesterday concerning whether a statement
under penalty of perjury constitutes a ?swom statement? permitting it to be considered over defense objection if the witness is not
reasonably available. The advice was that in accordance with the text of 28 U.S.C. Section 1746, a declaration under penalty of
perjury is legally given "like force and effect" of a swom statement and for purposes of consideration as an altemative to testimony at
the Article 32 may be considered as a swom statement. LTC Holzer also advised that the discussion to Article 131 (see para 57c(3))
mentions signing a summarized transcript of Article 32 testimony under penalty of perjury, which indicates that such statements
signed outside of an Article 32 hearing but associated with such an investigation can be considered. I also note that the classi?cation
review statements at issue all indicate that they are

in the ?course of justice? as they all indicate the persons making the statements knew they were being prepared for use in this case.
As such, I consider these statemerls to have the saute indicia of reliability as swom statements.

Based on his advice and my review of the indicia of reliability, I intend to consider the statements made under penalty of perjury
provided by RADM Kevin Donegan, Mr. Robert Betz, LtGen Robert VADM Robert Harward, Mr. Patrick Kennedy,
RADM David Woods, am the person subscribing Bates numbers 00378148-00378175 and 00410623-00410634.

LTC I-Iolzer provided four documents, attached, supporting his advice:
a. The legislative history of 28 U.S.C. Section 1746.

b. US v. Gunderman. 67 M.l. 683 (A.C.C.A. 2009)

c. Nissho-Iwai v. Kline, 845 F.2d 1300 (5th Cir. 1988)

<1 Hart v. Hairston. 343 F.3d 762 (5th Cir. 2003).

2. Request for reconsideration of closure detennination/request for media exclusion and gag order. I recognize that the defense
disagrees with my determination that reasonable alternatives to closure, such as thorough voir dire of the panel members and
appropriate mlings and by the military judge, would ensure that should this case be referred to trial. PFC Manning would
receive a fair trial. However, I do not believe that the defense has shown why these alternatives to closure are insu?icient
Additionally, with respect to the defense?s reference to ?high-ranking officials hav[ing] made improper comments concerning PFC
Manning?s probable guilt and appropriate punishment,? in Mr. Coombs?s 13 1621 December 201 1 email, I find that thorough voir dire
and appropriate mlings and instructions by the military judge will adequately address the risk of unlawful command in?uence. I
therefore deny the defense?s request for reconsideration of my clos
ure determination. With respect to the defense?s request to exclude the media from discussion of the five topics at issue and to issue a

gag order preventing other witnesses from discussing those topics, those requests are denied.

3. Invocation of Article 31/Fifth Amendment rights. The recommendationl received from my legal advisor was that once witnesses
invoke their Article 31 or Fifth Amendment rights, those witnesses are not reasonably available. LTC Holzer also recommended that

Defense_Unclass_Emai|_1263

02219253 Previously Submitted in Encl 79
Previously S?ig?ggted in Encl 1

counsel for the witnesses be contacted to determine whether there are any areas of inquiry that the witness could respond to
questioning without invoking their rights. Should it be the case that counsel indicate there are no areas that the witnesses will discuss
without invoking their rights. LTC Holzer recommended that the witness be called in lieu of relying on a written statement of their
intent to invoke their rights. Accordingly. I intend to call both SFC Adkins and W01 Balonek as noted below

Thank you.

LTC Almama

Defense_Unc|ass_Emai|_1263



Previously Submitted in Encl 79




02936764
30997
From: Fein, Ashden CPT USA SJA
Sent: Wednesdav. Decembet 14. 2011 4:17 PM
To:
Cc: Holzer, Mark LTC
MIL USA Matthew kemkes: Whyte. Jeffrey H. CPT USA - SJA:
Morrow JoDean. CPT USA SJA:
Subject: Re: Determinations and Evidence List (UNCLASSIFIED)
Ack sir.

Defense_Unc|ass_Emai|_1264

02215967
30998

From: Kemkes, Matthew MAJ MIL USA

Sent: Wednesday, December 14, 2011 4:27 PM

To: Fein, Ashden CPT USA SJA
Subject: Out of Office AutoReply: Determinations and Evidence List (UNCLASSIFIED)
Sir/Ma'am.

I am out of the office until 27 December. If you need immediate assistance, please contact Ms. Lisa Bynoc a?

Respectfully,
MAJ Kemkes

Defense_Unc1ass_Email_1265

02940953 Previously Submitted in End 79
30999

From: Fein. Ashden CPT USA SJA

Sent: Wednesday. December 14. 2011 9:40 PM

To: Alrnanza, Paul LTC RES USAR Almanza, Paul

Cc: Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW Holzer, a Matthew kemkes;
Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Morrow Ill, JoDean. CPT USA JFHQ-
rnsanmovv

Subject: CPT Keay

Sir,

The United States contacted CPT Keay and he will be available For in-person testimony on or

after 3 January 2012.

The defense joins the United States in the request that rather than

reconvene the Article 32 hearing after the New Year For just CPT Keay's in-person testimony,
that CPT Keay be deemed not reasonably available and his testimony be given telephonically.

v/r
CPT Fein

Defense_UncIass_Emai1_1 266



0221 5966
Previously S?r?mbtted in End 1

From:
Sent: Wednesday, December 14, 2011 9:47 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard

Melissa Santiago
Subject: Request for Support
CPT Fein,

Pursuant to our conversation this evening, the defense requests that the government provide it with immediate
personnel support. The defense needs one individual to provide physical control over the defense trailer during
the hours of 2200 to 0800. The defense requests this support until its computer forensic work is completed.
Currently, the defense team is ensuring that the trailer is guarded by counsel and CW2 Santiago.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



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

Defense_Unc|ass_Email_1267

Previously Submitted in Encl 79



02219252
31001
no-n= Armanza. Paul
Sent: Wednesday, December I4, 20l| 10:27 PM
To: Fein, Ashden CPT USA SJA

Cc: Overgaard,
Angel M. CPT USA A
Holzer, Mark LTC MIL USA OTJ AG
Matthew kemkes
Whyte, Jeffrey H. CPT USA SJA
Mormw JoDean, CPT USA JFHQ-
SJA
Subject: Re: CPT Keay
Thank you. CPT Fein.

Defense_Unc|ass_Emai|_1268

02219243

From:
Sent:
To:

Subject:

Attach:

Previously Submitted in Encl 79
Previously Si,,rp5B'5ted in Encl 1

Almanza, Paul LTC RES USAR USARC

Wednesday, December 14, 2011 10:47 PM


coombs@armycourtmartia enseeom; vergaar nge . Q-

SJ A Morrow IH, JoDean, CPT
USA JFI-IQ-NC Matthew
kemkes
SJA Holzer, Mark LTC MIL USA OTJAG

ense requeste witness 1st 0 persona te ep one ot er witnesses
(UNCLASSIFIED)
Manning Article 32 Defense Requested Witnesses Determinations 12141 1.doc

Classi?cation: UNCLASSIFIED

Counsel -

Attached are determinations as to defense requested witnesses, and below is a list of the reasonably available witnesses I intend to
have appear personally. and for those witnesses who are not reasonably available. whetherl intend to take their testimony by phone or
to corsider another alternative to testimony:



Thank you.

LTC Almanza

SFC Paul Adkins (reasonably available in person)

SPC Eric S. Baker (reasonably available in person)

W01 Kyle J. Balonek (not reasonably available by telephorte)

SA Troy Bettencourt (reasonably available - in person)

SSG Peter Bigelow (not reasonably available by telephone)
Thomas Cherepko (not reasombly available by telephone)

SA Antonio Edwards (reasonably available - in person)

CPT Casey Fulton (reasonably available in person)
SA Toni Graham (not reasonably available - by telephone)
Mr. Mark Johnson (reasonably available in person)

Mr. Adrian Lamo (reasonably available in person)
CPT Steven Lim (reasonably available in person)

SGT Chad Madaras (not reasonably available by telephone)

Brian Madrid (not reasonably available by telephone)

SA Mark Mander (reasonably available in person)

Mr. Jason Millirnan (not reasonably available by telephone)

SA Calder Robertson (not reasonably available by telephone)

SA David Shaver (reasonably available in person)

Ms. Jihrlcah Showman (not reasombly available by telephone)
SA Alfred Williamson (reasonably available in person)

Barclay Keay (not reasonably available by telephone)

SGT Daniel Padgett (reasonably available in person)

Irunate Christopher Whit?eld (not reasonably available by telephone)

RADM Kevin Donegan (not reasonably available statement under penalty of perjury)
Mr. Robert Betz (not reasonably available statement under penalty of perjury)

LtGen Robert Schmidle (not reasonably available statement under penalty of perjury)

VADM Robert Harward (not reasonably available - statement under penalty of perjury)

Mr. Patrick Kennedy (not reasonably available statement under penalty of perjury)
RADM David Woods (not reasonably available - statement under penalty of perjury)

Person subscribing Bates nunbers 00378148-00378175 and 00410623-00410634 (not reasonably available statemem under

penalty of perjury)

Classi?cation: UNCLASSIFIED

Defense_Unclass_EmaiI_1269

02938062

From:

To:

Subject:

Sir,

Thank you.
conversation?

V/r
CPT Fein

Defense_Unclass_Emai|_1270

Previously Submitted in Enct 79
31003

Fein, Ashden CPT USA SJA

Wednesday, Decembet14, 2011 11:04 PM

Almanza. Paul LTC RES USAR Almanza, Paul;
Overgaard, Ange! . A -

Monow Ill, JoDean, CPT USA Matthew kemkes; Holzer, Mark
LTC MIL USA OTJAG: Whvte. Jeffrey H. CPT SJA:

I

RE: Defense requested witness determinations, list of personalltelephone/other witnesses
(UNCLASSIFIED)

I thought the defense withdrew its request ?For whitfield after today's telephone

02215963 Previously Submitted in Encl 79
31004

From:
Sent: Wednesday, December I4, 20ll I l:l5 PM
To: Fein, Ashden CPT USA SJA





Almanza, Paul LTC RES USAR USARC






Matthew kemkes
Holzer, Mark LTC MIL USA OTJAG
Whyte, Jeffrey H. CPT USA SJA

Subject: RE: Defense requested witness determinations. list of personal/telephone/other witnesses
(UNCLASSIFIED)

All,

To clarify, the defense withdraws its request with respect to Inmate Whit?eld only if the defense's closure
motion (actual closure or the request to remove the media and issue a gag order) is denied. If the defenses
closure motion is granted, the defense would like to question Inmate Whit?eld.

Best,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-588-4l56

Local: (508) 689-4616

Fax: (508)689-9282



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

Defense_Unclass_Email_1271

31005

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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