Title: Volume FOIA 096

Release Date: 2014-03-20

Text: 31006

Volume 96 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

Previously Submitted in Encl 79




















02219237
Previously S?tp?giited in Encl 1
From: Almanza. Paul LTC RES USAR USARC
Sent: Thursday. December I5, 201 1 I 1:13 AM
To: Overgaard, Angel M. CPT USA SJA

Whyte, .le!rey H. CPT USA
SJA Almanza, Paul
Matthew kemkes
zer, ar A OTJAG en PT
USA SJA
Morrow JoDean, PT A SJA


Subject: Reconsideration of closure determination and defense requested witness detenninations,

list of personal/telephone/other witnesses (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
All -

A?er reconsidering my denial of the defense closure request and the defense's request in the altematise that I remove the media during
any discussion as to tie ?ve topics at issue and issue a gag order concerning those topics. my detemiiuations remain unchanged.

According) . I will amend the witness lists below to remove Inmate Whit?eld. As soon as I have the ability to amend those
documents and send them to you I will.

FYI. I am also working on a script for the hearing and will invite your comment on it this aftcmoon.

LTC Almanm

Defense_Unc|ass__Emai|_1272



02219235 Previously Submitted in Encl 79
31008

From: Almanza, Paul LTC mas USAR USARC 2

Sent: Thursday, December 15, 2011 12:41 PM

To: Overgaard, Angel M. CPT USA SJA






Jeffrey H. CPT USA SJA
Almanza, Paul Matthew kemkes



Morrow HI, JoDean, CPT USA IF SJA

Subject: Revised defense requested witness determinations and list of personal/telephone/other
witnesses (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
All -

Per my email this morning, here's my revised defense request determinations and list of personal/telephone/other witnesses.

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 telephone)

SA Troy Bettencourt (reasonably available in person)

SSG Peter Bigelow (not reasonably available by telephone)

CPT Thomas Cherepko (not reasonably 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 Milliman (not reasonably available by telephone)

SA Calder Robertson (not reasonably available by telephone)

SA David Shaver (reasonably available in person)

Ms. Jihrleah Showman (not reasonably available by telephone)

SA Alfred Williamson (reasonably available in person)

CPT Barclay Keay (not reasonably available by telephone)

SGT Daniel Padgett (reasonably available in person)
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 Kemiedy (not reasonably available statement under penalty of perjury)
RADM David Woods (not reasonably available statemem under penalty of perjury)
Person subscribing Bates nurrbers 00378148-00378175 and 00410623-00410634 (not reasonably available statement under

p?nany or pc-rum



Classi?cation: UNCLASSIFIED

Defense_Unclass_EmaiI_1273



Previously Submitted in Encl 79

02219229
31009

From: Almanza, Paul LTC mas us/an usmzc

Sent: Thursday, December 15, 2011 3:24 PM
To: Overgaard, Angel M. CPT USA SJA
Almanza, Paul









Almanza, Paul LTC RES USAR USARC
Whyte, Jeffrey H. CPT USA SJA
Matthew kemkes

Holzer, Mark LTC MIL USA OTJAG

il>; Fein, Ashden CPT USA SJA
Morrow HI,




JoDean, CPT USA SJA
Subject: dra? BM 32 script (UNCLASSIF LED)
Attach: Manning Article 32 Scn'pt.doc

Classi?cation: UNCLASSIFIED
All --

This is a draft. and does not yet have the classi?ed closure/opening sections yet. Please review and submit comments. Also, CPT
Fein. please add the closure/opening parts.

Thank you.

LTC Almanza
Classi?cation: UNCLASSIFIED

Defense_Unclass_Emai|_1274

02215961
31010

From: Santiago, Melissa CW2 MIL USA MDW

Sent: Thursday, December 15, 2011 4:05 PM
To: Fein, Ashden
CPT USA SJA

Cc: Matthew kemkes Paul Bouchard

Subject: Re: Request for Support (UNCLASSIFIED)

Attach: melissa.s.santiago.vcf

UNCLASSIFIED

All,

I was just noti?ed that there will be no need to have security in our trailer this evening. All materials will be secured and the trailer
will be locked.

V/r,

MELISSA S. SANTIAGO
CW2, USA

Legal Administrator

Trial Defense Services
Fort Mycr. VA

Comm

UNCLASSIFIED

Defense_Unclass_EmaiI_1275






















02215959 Previously Submitted in End 79
31011

From:

Sent: Thursday, December I5, 201 1 4: l0 PM

To: Almanza, Paul LTC RES USAR USARC Overgaard,

Angel M. CPT USA SJA
Almanza, Paul
Whyte, Jeffrey H. CPT
A JFH-N DW JA Matthew kemkes
I -I
. ein, Ashden CPT USA SJA
Morrow Ill,
oan, I il>

Subject: RE: dra? BM 32 script (UNCLASSIFIED)

LTC Almanza,

The defense has no issues with your script.

Best,
David

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

Providence, RI

02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



*??"Con?dentiality Notice: This transmission. including attachments. may contain confidential attomey-client
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_EmaiI_1276

Previously Submitted in Encl 79
31012






efense.com'; Matthew kemkes;

02946144

From: Fein, Ashden CPT USA SJA

Sent: Thutsdav. December 15. 2011 5:48 PM

To: I-lolzer, Mark LTC MIL USA

Cc: Hughes. Brian A. LTC USA Boston. Louis J. MAJ USA JFHQ-

SJA

Subject: FWI Art 32 Script

Attachments: 111215 - Art 32 Scn?pt.docx

Sir,

Attached you will find the complete script for the article 32 hearing, including the battle
drills, the checklists, and the hearing closure script. Thank you very much.

on behalf of CPT Fein,

H01 Ford

Defense_Unclass_EmaiI_1277

02935914

Previously Submitted in Encl 79
31013

From:

To:

Subject:

Fain, Ashden CPT USA SJA
Thursday, December 15. 2011 5:55 PM




kemkes: Holzer,
JoDean. CPT USA SJA
Re: draft BM 32 script (UNCLASSIFIED)

Sir. Still having it issues. Trying to access.

Defense_Unclass__Emai|_1278

02219216 Previously Submitted in Encl 79
31014

From: Almanza, Paul LTC RES USAR USARC

Sent: Thursday, December 15, 2011 6:23 PM

To: Overgaard, Angel M. CPT USA SJA

Almanza, Paul

Whyte, Jeffrey H. CPT USA JFHQ-
Matthew kemkes

Fein, Ashden CPT USA SJ A
Holzer, Mark LTC MIL USA OTJAG

Morrow I11. JoDean. CPT USA A











paul .r.almanza

Subject: Determinations re: defense requested evidence (UNCLASSIFIED)

Attach: Manning Article 32 Defense Requested Evidence Determinations 12151 l.doc; Manning
Article 32 Defense Requested Witnesses Determinations 121511.doc

UNCLASSIFIED
All -

Attached please ?nd my determinations regarding defense-requested evidence. Also, because I think 1 inadvertently forgot to attach a
copy of my revised determinations regarding defense requested witnesses to an email this morning, I'm attaching that, too.

LTC Almanza
UNCLASSIFIED

Defense_Unc|ass_Emai1_1279

02219215 Previously Submitted in End 79
31015

From: Almanza. Paul LTC RES USAR USARC

Sent: Thursday, December 15, 20]] 6:55 PM


Matthew kemkes
Fein, Ashden CPT USA A
Holzer, Mark LTC MIL us?. omc

Subject: Re: Fw:At1 32 Script (UNCLASSIFIED)

UNCLASSIFIED
All -

On the ?script to open the courtroom" page of the script. please cross out the line reading "10: Summarize findings of fact
(U nclassifiedl).

Also. my security o?icer recommended that I advise all parties concerning their duties to protect classified information during
opening remarks. Accordingly. immediately before inviting the government to call their first witness. I intend to state the following.
Please let me know if you have any suggested changes.

LTC Alinarua

"Classi?ed information may be presemed during this investigation. All participants in this investigation should remain aware of their
duty and resporisib?ility to protect any and all classi?ed irifonriation entrusted to them and also of their iesponsibilites in accordance
with the three protective orders applicable to this investigation. Should the need arise during testimony to discuss classified
informatiort the participam should the 10 and Court Security Officer so that a determination can be made whether to close a
portion of the hating for such classified testimony. Additiomlly. should any paniciparl be aware tint testimony appears about to
discuss classified matters in an unplanned fashion the participant should immediately infonii the 10 so that a determination can be
made whether to close a portion of the hearing."

Defe nse_Unclass_Emai|_1 280

02933120 Previously Submitted in End 79
31016



From: Fein, Ashden CPT USA SJA
Sent: Thursday, December 15, 2011 8:53 PM
To: Almanza. Paul LTC RES USAR



Matthew kemkes: Holzer, Manx LTC MIL USA
OTJAG
subject: RE: Fw: An 32 (UNCLASSIFIED)

Sir,

I apologize for not reviewing any sooner. we are still working on our commo issues. The
United States has no issue; however we request the counsel qualifications section can be
deleted before your voir dire.

Thank you.

v/r
CPT Fein

Ashden Fein

CPT, JA

Chief, Military Justice

Military District of Washington (MDH)
COMM:
CELL:
NIPR:
CELL:



Defense_Unc|ass_Email_1281

Previously Submitted in Encl 79
31017

02219214

mm: mmanza. Pam

Sent: Thursday, December 15, 201] 10:28 PM

To: Overgaard, Angel M. CPT USA SJA

Whyte. Jeffrey H. CPT USA SJA

Matthew kemkes

Fein, Ashden CPT USA SJA

Holzer. Mark LTC MIL USA OTJAG

on?ow Ill. JoDean, CPT USA SJA

il








Subject: Re: Determinations re: defense requested evidence (UNCLASSIFIED)

Counsel -

1 giving you notice that I am rcoomidcring my witness regarding CPT Liebman CPT Worsely. and CPT Critcln?eld.
We'll discuss further lomomow morning.

Thank you.



Defense_UncIass_EmaiI_1282

02941890 Previously Submitted in Encl 79




310m
From: Fein, Ashden CPT USA SJA
Sent: Thutsdav. December 15. 2011 10:31 PM
To:

Matthew kemkes
Subject: Fm Closune request memo
Attachments:

Sir. Attached is the gov notice of classified hearing. only 2 sessions with 1 witness.

Vr- fein

Defense_Unc|ass_Email_1283

02219213

From:
Sent:
To:

Subject:

Previously Submitted in End 79
31019

Almanza, Paul LTC RES USAR USARC

Friday, December 16Almanza, Paul
Overgaard, Angel M. CPT USA SJ A
Holzer, Mark LTC MIL USA OTJAG

Matthew kemkeS?>;

Whyte, Jeffrey H. CPT USA SJA
Fein, Ashden CPT USA

Morrow oDean, CPT USA IFHQ-










Contact with CPT Fein (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

All-

CPT Fein just informed me a few minutes ago that ACCA denied the writ seeking a stay and also the writ on behalf of Mr. Assange.
He said they were seeking information as to the status of the writ seeking my recusal.

We did not discuss anything other than those matters.

LTC Almanza

Classi?cation: UNCLASSIFIED

Defense_U nclass_EmaiI_1284



02941517

Faun:

To:

Subject:

Sir,

Previously Submitted in Encl 79
31020

Fain. Ashden CPT USA SJA
Friday. December 16, 2011 6:16 PM

Almanza, Paul LTC RES USAR
Almanza. au; vergaa ngel M. CPT USA
Holzer, Mark LTC MIL USA Matthew kemkes; Whyte,

Jeffrey H. CPT USA SJA: MOITOW Ill. Jooean. CPT USA JFHQ-
NCRIMDW
RE: Contact with CPT Fein (UNCLASSIFIED)

I just confirmed with GAD and Mr. Coombs that the writ was denied, not just the stay.

v/r
CPT Fein

Ashden Fein
CPT JA

Chief, Military Justice
Military District of washington (MDN)

COWI:
CELL:
NIPR:
CELL

Defense_Unc|ass_Emai|_1285





02941516

From:

To:

Cc:
Subject:

Sir.

Previously Submitted in Encl 79
31021

Fein, Ashden CPT USA SJA
Saturday, December 17, 2011 11:05 PM









Holzer. Mark LTC MIL USA Matthew
kemkes; Whyie. Jeffrey H. CPT USA SJA: Mormw JoDean. CPT USA
JFHQ-NCRIMDW SJA

Parra, Jairo A. W01 USA SJA

Re: Contact with CPT Fein (UNCLASSIFIED)

The United States requests a conference tomorrow morning prior to going on the record

to discuss your ruling at the end of today. If all parties are available we could meet 9815.
Thank you. Vr CPT Fein

Defense_Unclass_EmaiI_1286

I7 02219212

From:
Sent:
To:


I
i


Cc:

Subject:

Previously Submitted in Encl 79
31022

mam Pa-nj>

Saturday, December 17, 201 11:56 PM
Fein. Ashden CPT USA SJA





Overgaard, Angel M. CPT USA JFHQ-
SJA Holzer. Mark LTC MIL
USA OTJAG Matthew kemkes

Wh te, Jeffrey H. CPT USA SJA
Mon?ow Ill, JoDcan. CPT USA JFHQ-






Parra. Jairo A. WOI USA SJA

Re: Contact with CPT Fein (UNCLASSIFIED)

Yes. I am available at 08 I 5.

Defense_Unc|ass_EmaiI_1287

31023

Parra, Jairo A. WOI USA SJA







From:

Sent: Monday, December I9, 20! I 8:28 AM

To: Feito Beatriz SGT MIL USA TRADOC (FTBLISS)


Matthew kemkes
Fein. Ashden CPT USA SJ A
Subject: RE: ll Dec travel arrangements (UNCLASSIFIED)
Eric.

The invoice subrritted is incorrect. According to the service contract, you were only authorized to perform torensic work
up to the amount of $14,000.00. Any other commitments and labor were not authorized by the CA. The contract was
very speci?c in that any comrritment in excess of over 514000.00 needed to be requested in writing by the Defense to
the CA for approval. Therefore. the invoiced submitted is not correct/authorized as the $7,000.00 for work completed
during 15-18 December 2011 was not authorized by the CA. Additionally, the contract is based on huriy rates and billable
hours and the invoice submitted does not list any hours. Lump sums for this contract must be broken down by billable hours. Please
provide an invoiced for billable hours that does not exceed the amount approved by the CA

v/r

JP

Defense_Unclass_Emai|_1288

02189643

From:
Sent:
To:

Subject:

Eric,

31024

Parra. Jairo A. W01 USA sm

Monday, December I9, 2OI I 8:44 AM

Matthew kemkes

FeinDec travel arrangements (UNCLASSIFIED)

Piease take a look at the contract. Your assessment is not accurate.



JP

"Sent from my BlackBerry?.

Defense_Unc|ass_Email_1289

02216978

From:
Sent:
To:

Subject:
Attach:

31025

Eacnakesm

Monday, December 19, 2011 9:12 AM
Parra, Jairo A. W01 USA SJA






l; Matthew kemkes
armycourtmartialdefen se.com; eito,


9

Fein, Ashden CPT USA
Re: 11 Dec travel arrangements (UNCLASSIFIED)
ll-T-0134








I stand corrected it was for 42,000 if required

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 -
land line -

Defense_Unc|ass_Email__1290

021 89642

31026

Parra. Jairo A. won USA SJA







From:
Sent: Monday, December I9, 201 9:30 AM
To: Matthew kemkes
coom armycourtmartialdefensecom; Feito,

Fein, Ashden CPT USA
Subject: RE: ll Dec travel arrangements (UNCLASSIFIED)
Eric.

That is the contact. Please take a look at page 5; in page 5 under CLIN 3 it states that that line is an option (if. required)
it is not automatic. The only authorized amount by the CA without any further approval or requests is the CLIN 1. This
CLIN only authorizes the use of 80 hours at a rate of $175.00 for a total amount of $14,000.00. Anything further was not
approved. Also as previously stated. an invoice with billable hours must be submitted in order for me to approve any

payments.

v/r
JP

Defense_Unclass_Emai|_1291

02216977

From:
Sent:
To:

Subject:

31027

Em Lakes
Monday, December 19, 2011 9:36 Add

Parra, Iairo A. W01 USA SJA

Matthew kemkes

coom aimycourtmartialdefensecorn; eito,
Beatnz A - DW SJA

ein, Ashden CPT USA IF

RE: 11 Dec travel arrangements (UNCLASSIFIED)

So lets get the additional going - those contracts are so long and I did not catch that myself.

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 ine

Defense_UncIass_EmaiI_1292


02215956
I 31028








From:

Sent: Monday, December 19, 2011 8:07 PM

To: Fein, Ashden CPT USA SJA

il; Overgaard, Angel M. PTU A JFH -N
Matthew kemkes
Whyte, Jeffrey H. CPT USA SJA
Morrow Ill. JODean, CPT USA JF HQ-

Subject: Defense M.R.E. 503

Attach: M.R.E. S03 Privilegepdf

Ashden,

Please see attached.

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

Defense_Unc|ass_Emai|_1293

02939003

31029

From:
Sent:
To:

subject:

Thank you.

Defense_Unclass_EmaiI_1294

Fain, Ashden CPT USA SJA
Monday, December 2011 9:23 PM



JFHQ-
Re: Defense M.R.E. 503

onow ean, CPT USA JFHQ-NCRIMDW SJA

02216973

31030








From: En'c Lakes

Sent: Tuesday, December 20. 201 9: I9 AM

To: Parra, Jairo A. W01 USA SJA

Matt ew emkes
armycourtmartialdefensecom; Feito,
eatnz - .
Fein. Am. cm USA 3;

Subject: fw: Travelocity
first set of nights
Eric Lakes

Digital Forensic Examiner

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


616 Pasadena Drive

Lexington. KY 40503

35;

Defense_Unclass_EmaiI_1295

02216969
31031

From: encnakesn

Sent: Tuesday, December 20, 20] 1 9: I9 AM
To: Parra, Jairo A. WOI USA SJA






Feito,

Beatriz SGT USA JFHQ- SJ A
Fein, Ashden CPT USA SJA

Subject: fw: Travelocity Con?nnation

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

oel

land ne -

Defense_Unclass_EmaiI_1296

02215953 Previously Submitted in Encl 79
31032

From:
Sent: Friday, December 23, 2011 5:44 PM
To: Almanza, Paul Fein, Ashden CPT USA







A
vergaard, Angel M. CPT USA SJA

I-Iolzer, Mark LTC MIL USA OTJAG

Matthew kemkes
PT USA SJA

Je .
Morrow JoDean, CPT USA JFHQ-
SJA
il

Cc: Pana, Jairo A. W01 USA SJA





Subject: Defense Notice of Evidence
Attach: Defense Notice of Evidence.pdf
LTC Almanza,

I have attached a document that addresses the two outstanding issues from the Article 32. Let me know if you
have any questions.

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 information may be
unlawful and is

Defense_Unc|ass_Emai|_1297

02189404 Previously Submitted in Encl 79
31033

From: Williams, Patricia CIV SJA
Sent: Tuesday, December 27, 2011 4:40 PM
To: Fein, Ashden CPT USA SJA
Overgaard, Angel M. CPT USA IF A
'Morrow JoDean, CPT USA JF HQ-













Boston, Louis MAJ USA
SJA Autry, Carolyn Ms CIV JFHQ-

Cc:

Bradle Princeton L. SGT USA SJA
Feito, Beatriz SGT USA JF HQ-

Wavbright, Daniel W. SGT
USA SJ A

Subject: Errata Sheets For Classi?ed Sessions - US Article 32 (UNCLASSIFIED)

Attach: 4-TRIAL COUNSEL ERRATA SHEET Classi?ed Sessions.docx; 4- DEFENSE
COUNSEL ERRATA SHEET Classi?ed Sessions.docx; 4- IO ERRATA SHEET
(Classi?ed Sessions).docx

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Good Afternoon

Please find attached the errata sheets for the classified sessions in US Article 32. The
actual transcript electrons are on a marked disc and should be secured in your area. They are
ready for review by both sides and should be sent out via SIPR to defense. If I have not done so
already, please convert them to a PDF document before sending out to defense counsel and the 10
for review. Your assigned paralegals should complete the errata process for these particular
transcripts.

The unclass transcripts are forthcoming and will be sent to you within the next 24-48 hours. They
also will be turned over to the Team paralegals to complete the errata process once they have
been sent to you. Thank you very much and have a good evening.


Trisha

Thank you and have a wonderful day!



Mrs. Patricia Ann Williams-Butler
Court Reporter and Assisting Paralegal
Military District of Washington

Office of the Staff Judge Advocate

103 Third Avenue, SW

Building 32, Room 312

Defense_U ncIass_Emai|_1298

02189404

Fort McNair, DC 20319-5058

We

Fax:

-
Emit

Classi?cation: UNCLASSIFHED
Caveats: FOUO

Defense_UncIass_EmaiI_1298

Previously Submitted in Encl 79
31034




02935391 Previously Submitted in Encl 79
3m35
From: Fein, Ashden CPT USA SJA
sent: Tuesday. December 27, 2011 4:42 PM
To: Williams, Patncia s.1A;?
Cc:
'coom armyoounmama ense.com; oston. ouns . MAJ USA
Autry. Carolyn 0 Ms CIV JFHQ-NCRIMDW Bradley.
Princeton L. SGT USA
Daniel W. SGT USA SJA
Subject: Re: Ertata Sheets For Classi?ed Sessions - US Article 32 (UNCLASSIFIED)

Ms. Williams. Thank you. The prosecution will ensure the defense and I0 get versions of the
classified etc. SIPR won't be used.


CPT Fein

Defense_Unclass_EmaiI_1299

02916092 Previously Submitted in Encl 79
Previously Sgib?ggted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. January 03, 2012 12:35 PM

To: Almanza. Paul LTC RES USAR USARC

Cc: coombs@armycourlmaniaIdefense. nil; Overgaand, Angel M.
CPT USA JFHQ-NCRIMDW SJA: Holzer, a Matthew kemkes;
Whyte. Jeffrey H. CPT USA SJA: Morrow Ill. JoDean. CPT USA JFHQ-
SJA: Ford. Atthur 0. W01 USA JFHQ-


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

Attachments: Article 32 Article 32 Exhibits.pdf

hnponanco:

Sir,

Happy New Year!

Attached is the unclassified portion of the hearing's summarized transcript
along with an exhibit list. Ms. Williams -Finished these on 28 Dec 11.

The classified portion

is ready for your review at now and we will deliver a copy to the defense by tomorrow

afternoon.

Additionally, the United States asks that you exclude, as a reasonable delay, anytime between
22 December 2011 and 3 January 2012 that you did not work on the Article 32 investigation
based on the Federal holidays and weekends.

Thank you.
v/r

CPT Fein

Defense_Unclass_Emai|_130O

0291 5776

Previously S?lP6gi}ted in Encl 1

From:

To:
Cc:

Subject:
Attachments:

David,

Good morning and happy new year.
memorandum signed by the
where would you like us to send the information/documents and starting on what date?

Fain, Ashden CPT USA SJA

Wednesday, January 04. 2012 7:24 AM



il; Overgaard, Angel M. CPT USA

Holzer, Mark LTC MIL USA Matthew kemkes; Whyte, Jeffrey H. CPT USA JFHQ-
SJA: Momow JoDean. CPT USA SJA:

US v. PFC BM (Excludable Delay Accounting Admin)
120103-Excludable Delay Memorandumpdf

Attached is the most recent excludable delay accounting
As we continue discovery production over the next few days,
I would

like to make sure you are back in your office before we start sending the CD5.

Thank you.

v/
Ashden

Defense_Unclass_Email_1301

02915773

31038

From:
Sent:

Cc;

Subject:

Thank you.

Defense_UncIass_EmaiI_1 302

Fein. Asnden CPT USA SJA
Wednesday. January 04. 2012 10:57 AM

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW

Matthew kemkes; Whyte. Jetfrey H. CPT USA JFHQ-NCRIMDW Morrow JoDean,

CPT USA SJA:

RE: US v. PFC BM (Excludable Delay Accounting Admin)

02915770
31039

From: Fain, Ashden CPT USA SJA

Sent: Wednesday, January 04. 2012 2:28 PM

To:

Cc: il: Overgaard, Angel M. CPT USA JFI-IQ-NCRIMDW

new kemkes; hyte, effrey H. CPT USA Morrow JoDean,
CPT USA

Subject: RE: US v. PFC BM (Excludable Delay Accounting Admin)

David,

This morning, we delivered two classified CDs with the 7 page summarized transcript. CH2
Santiago signed for them.

v/
Ashden

Defense_Unclass__EmaiI_1303



025652(? Previously Submitted in Encl 79
Previously Sgpm?ted in Encl 1

From: Almanza. Paul LTC RES USAR USARC









Sent: Wednesday. January 4, 2012 7:02 PM
To: Fein, Ashden CPT USA SJA
Cc:

Angel M. CPT USA SJA
Holzer, Mark LTC MIL USA OTJAG
Matthew kemkes
SJA
USA SJA

Whyte, Jeffrey H. CPT usA
Morrow Ill, JoDean. CPT





Ford. Arthur D. W01 USA SJA

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

Classi?cation: UNCLASSIFIED
CPT Fcin -

Thank you. I will exclude as a reasomblc delay the days between 23 December 201 I and 3 January 20 I 2 when I did not work on Ihe
Aniclc 32 Investigation.

LTC Almanm

Defense_Unclass_EmaiI_1304

Previously Submitted in Encl 79








02565205
31041

From: Almanza. Paul LTC RES USAR USARC

Sent: Wednesday, January 4, 20|2 7:04 PM

To: Almanza, Paul

Fein, Ashden CPT USA SJ A
Overgaard, Angel . - SJA
Holzer, Mark LTC MIL USA OTJAG
Matthew kemkes
yte, Jeffrey H. CPT USA
Monnw JoDean. CPT USA JFHQ-

Cc: Pana, Jairo A. W01 USA SJA

Subject: Re: Defense Notice of Evidence (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Thank you. Mr. Coombs.

LTC Almama

Defense_UncIass__EmaiI_1305

02559060
3m42





From: Pena. Jairo A. W01 USA SJA

Sent: Friday, January 08. 2012 3:40 PM

To: Feito, Beatriz SGT USA JFHQ- SJA
Cc: Fein, Ashden CPT USA SJA
Subject: RE: ravel vouchers

Classification: UNCLASSIFIED
Caveats: rouo

Eric,

Please take a look at the paper work you sent. we are not in charge of any
payments from Fort Bragg, NC.



JP

Jairo A. Parra
H01, JA

Legal Administrator
JFHQ-NCR, row




- 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_1 306

02564918
Previously Sgp?iligted in Encl 1

From:
Sent: Thursday, January 12, 2012 9:03 AM

To: Fein, Ashden USA sm







Cc: 1; Over aard, Angel M. CPT USA SJA
atthew kemkes
Whyte, Jeffrey H. CPT USA
Morrow Ill, JoDean, CPT USA JFH -
Joshua Tooman 3

Subject: Deposition Request

Attach: Manning Deposition Request.pdf

Ashden,

I have attached a deposition request for the OCAs. I would like to start the depositions towards the middle of
February. Ideally, we could conduct all of the depositions in the D.C. area over several days.

On a side note, my office has not received any additional discovery. Have you sent anything to me yet?

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_UncIass_EmaiI_1307



02937753

31044

From:
Sent:
To:
Cc:

Subject:

David,

Thank you.

You should be receiving discovery in the next few days.

Fein, Ashden CPT USA SJA

Thursday. January 12. 2012 9:31 AM



Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
an ew em es; yte, rey H. CPT USA JFHQ-NCRIMDW Morrow JoDean.
CPT USA SJA:
Joshua Tooman

2 eposition equest

we have been processing

and preparing to send out new information.

v/
Ashden

Defense_UncIass_EmaiI__1 308



02564917
31045

From: Kemkes, Matthew MAJ MIL USA

Sent: Thursday, January 12, 2012 9:32 AM

To: Fein, Ashden USA sm
Subject: Out of Office AutoReply: Deposition Request

Sir/Ma'am,

I am out of the office until 20 April 2012. If you need immediate assistance, please contact Ms. Lisa Bynoc at-

Respectfully,
MAJ Kemkes

Defense_Unc|ass__EmaiI_1309



02916287

Previously Sgqg?ged in Encl 1

From:

To:
Cc:

Subject:
Attachments:

Importance:

David,

Fein. Ashden CPT USA SJA
Thursday, January 12, 20:2 2:00 PM




coombsgarmycounmaniald ensecom

Kemkes, u| Bouchard; Morrow m,
Jooean, CPT . DW Overgaa nge . A HQ-
SJA: Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA

US v. PFC BM (Article 32 Rec)

(U) 120112 - DD Form 457.txt

High

The [0 finished his report late yesterday and we finished scanning the report this morning.

Attached is the main report.
our standard password.

Please save the file from ?.txt? to ?.exe? and using
we will overnight mail the full investigation and other discovery to

you and will deliver a copy to Ft Myer today, including two copies of the classified

material.

I will send out the tracking number later today.

we intend to present the report to the this afternoon so that he can start reviewing
the report immediately.

v/r

Ashden

Defense_Unclass_EmaiI_1310



02564915

31047










From:
Sent: Thursday. January 12, 20l2 2:08 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard
Morrow JoDean, CPT
USA SJ A Overgaard. Angel
M. CPT USA SJA Whyte,
Jeffrey H. CPT USA SJA
Subject: RE: US v. PFC BM (Article 32 Rec)
Ashden,

The file is not allowing me to save it as .exe. Additionally, I will need to see the report in order to detennine
whether to file any additional objection IAW R.C.M. 405(j)(4). Are you serving a copy of the report on PFC



Best,
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) 689-46l6

Fax: (508)689-9282



*"Confidentiality 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_Email_131 1

USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA whyie.
Jeffrey H. CPT USA SJA
Subject: RE: US v. PFC BM (Article 32 Rec)

02915234
31048

From: Fein. Ashden CPT USA SJA

Sent: Thursday, January 12. 2012 2:23 PM

To:

Cc: Matthew kemkes; Paul Boucnanu? Morrow m, JoDean. CPT
i
I

David,

Normally, we cause a copy of the report to delivered to the accused through defense counsel.
In order to facilitate delivery and because you are in Rhode Island, we will also overnight
mail a copy of the CD to CPT Toonan. He should receive it tomorrow, absent an issue with
FEDEX, and be able to deliver the contents before the weekend.

As for the .exe, I recomend dragging and dropping the file to your desktop. Then right
click and rename with This should allow you to run the executable program. If this
does not work, then please call the office and we should be able to assist

v/
Ashden

Defense_Unclass_EmaiI_1312

02564913
31049

From:

Sent: Thursday, January 12, 2012 2:26 PM

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




Morrow JoDean, CPT
Overgaard, Angel
WhyteJeffrey H. CPT USA SJA

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

Ashden,
No luck on nenaming it with .exe. It still just opens in notepad. Can youjust sent me the report as a

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) 689-4616

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 infonnation may be
unlawful and is prohibited!"

Defense_Unclass_Email_1313

02916281
31050

From: Fein, Ashden CPT USA SJA

Sent: Thursday, January 12. 2012 2:29 PM

To:

cc: Matthew kemkes; Paul Bouchand: Morrow Ill, JoDean, CPT
USA Overgaa Ange . Whyte,
Je?rey H. CPT USA SJA

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

David,

Mr. Ford can help you with this. He will call shortly. Thank you.

v/r
Ashden

Defense_Unc|ass_EmaiI_1314

02916312

31051

From:

To:
Cc:

subject:

Impedance:

David,

Fein, Ashden CPT USA SJA

Friday. January 13, 2012 4:02 PM



Kemkes. Matthew MIL Joshua Tooman;

omow an, SA SJA:

Overgaard. Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
Fotd. Arthur (Art 32 Report Disoovevy)

High

Yesterday, we produced misc CID documents, an additional classification review For audit

logs, and confinement documents (BATES:
report to you and CPT Tooman.
The tracking shows FEDEX delivered the CDs to you and CPT Tooman (Cootnbs:
876470104860).

Tooman

Have a good weekend.

v/r
Ashden

Defense_Unclass_EmaiI_1 31 5

00410792-09410788). we also sent a copy of the ID
CH2 Santiago signed For the classified portions at Fort Myer.
876470104907;

02564912
31052

From: Bouchard, Paul CPT USARMY

Sent: Sunday, January 15, 2012 5:08 PM

To: Fein, Ashden CPT USA SJA
Parra, Jairo A. W01 USA SJ
Feito, Beatriz SGT USA JFHQ- SJA




Cc: Matthew kemkes
Tooman, Joshua CPT USARMY (US)
Santlago Mel1ssa CW2 USARMY (US)
Eric Lakes Trent
Subject: Good on Internet Evidence Finder (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,

Eric informed me we're good to go regarding a second copy of Internet Evidence Finder so there's no need to order an
additional copy.

I'll work Eric and Trent's pay issue Tuesday morning.

Paul

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unciass_EmaiI_1316

02932832
31053



From: Fain, Ashden CPT USA SJA

Sent: Sundav. Januarv 15. 2012 5:49 PM

To: Parra, Jairo A. wo1 USA
Cc: armvcou ma I8 ense.com?: Matthew kemkes:

Subject:

Thanks.

Defense_Unc|ass_Email_1317

02564909
Previously Sgp?rgixted in Encl 1

From:
Sent: Monday, January 16, 2012 3:39 PM

To: Fein, Ashden CPT USA SJA

















Cc: 1; Over aard, Angel M. CPT USA SJA
atthew kemkes
Whyte, Jeffrey H. CPT USA
SJA Morrow JoDean, CPT USA JF HQ-
SJA
Subject: Deposition Request 2
Attach: Deposition Request 2.pdf
Ashden,

Please ?nd the attached deposition request. As with the former request, I would like to conduct the depositions
in February and in the D.C. area.

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 information may be
unlaw?il and is

Defense_Unclass_EmaiI_1 318

02937744
31055


From: Fein, Ashden CPT USA SJA
Sent: Monday, January 16, 2012 3:59 PM
To:
Cc: ?iI; Overgaard, Angel M. CPT USA

Matthew kemkes; Whyte, Jeffrey H. CPT USA SJA: Morrow JoDean,
CPT USA JFHQ-NCRIMDW SJA:
il; Joshua Tooman
Subject: RE: Deposition Request 2

Thank you.

Defense_U nc|ass_Emai|_1319

_eL

02564907

31056

From:
Sent:

To:
Cc:

Subject:

Tooman. Joshua CPT USARMY (US) behalf of Tooman.

Joshua CPT USARMY (US)

Tuesday, January 17. 2012 2:48 PM

Fein, Ashden CPT USA
Matthew kemkes; Bouchard, Paul CPT USARMY Santiago, Melissa CW2
USARMY (US): Morrow JoDean, CPT USA Ovengaard, Angel M.
CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA SJA: Ford.
Arthur Report 8. Discovery) (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

Ashden

Upon entering the password For the disc you sent I received an error message

indicating the disc cannot be decoded.

Thanks,
Josh

Defense_Unclass_Em ai|_1 320

Please advise.

02564908
31057

From: Tooman. Joshua CPT USARMY (US) [?on behalf of Tooman,
Joshua CPT USARMY (US)
Sent: Tuesday. January 17. 2012 11:16 AM
To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Subject: RE: US v. PFC BM (Art 32 Report Discovery) (UNCLASSIFIED)

Classification:
Caveats: NONE

Ashden

Today I received the ID report you sent. what password did you use for the


Thanks,
Josh

Defense_Unclass_EmaiI_1321



0291 6309

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA
sent: Tuesday, January 17, 2012 3:55 PM

To: Tooman. Joshua CPT USARMY (US)

Cc: Fond, Arthur D. W01 USA SJA
SubjectReport Discovery) (UNCLASSIFIED)

Josh- Hr. Ford can assist.

Defense_U ncIass__Emai|_1 322

31058

02564905
31059



From: Tooman. Joshua CPT USARMY (US) on behalf of Tooman,
Joshua CPT USARMY (US)

Sent: Tuesday. Januaty 17, 2012 4:44 PM
To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Subject: RE: us v. PFC BM (Art 32 Report 5 Discovery) (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Mr. Ford squared me away. Thanks.

Defense_Unclass_Emai|_1323



02915942
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, January 13, 2012 10:52 AM

To:

Cc: ?Overgaard, Angel M. CPT USA

Matthew kemkes; Why1e, Jeffrey H. CPT USA JFHQ-NCRIMDW Morrow JoDean,
CPT USA
Joshua Tooman

subject: US v. PFC BM (Deposition Requests)
Attachments: Response to Requests for Oral
David,

Attached is the action on the defense deposition requests.

v/r
Ashden

Defe nse_Unclass_Emai|_1 324

Previously in Encl 1



From:
Sent:
To:
Cc:

Subject:
Attachments:

Impedance:

David,

Fein, Ashden CPT USA SJA

Wednesday, January 18, 2012 7:10 PM



Overgaard, Angel M. CPT USA
Matthew kemkes; Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Mornow JoDean,
CPT USA
Joshua Tooman
ramynman
120118-Additional Charges Transmittal (Redacted).pdf

High

Today, the transmitted the case to the GCMCA with a recommendation for a GCM.
Attached is the redacted transmittal.

Have a good night.

v/r
Ashden

Defense_Unclass_Email_1325

02564854
Previously in Encl 1

From: Bouchard, Paul cm (Us)

Sent: Wednesday, January 18, 2012 9:30 PM

To: Fein, Ashden CPT USA SJ A
Parra, Jairo A. WOI USA
eito, Beatriz SGT USA JFHQ- SJA



Cc: Manning Team Matthew kemkes

Tooman, Joshua] CPT USARMY (US)



Request additional funding, computer forensics team, US v. Manning (UNCLASSIFIED)

request additional 11-P-0079 AWD.doc;
Appointment of Forensic Computer Expert (ManningB).pdf

Subject:
Attach:

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,

The first attachment is our request for additional funding for the Defense's computer forensics team. The other
attachments are pertinent supporting documents.

Please acknowledge receipt of these.
Thanks,

Paul

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_U nclass_Email_1326

02921417
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday. January 18. 2012 9:46 PM

To: Bouchani. Paul CPT USARMY Pane. Jairo A. W01 USA
Feito. Beatriz SGT USA JFHQ- SJA

cc: Manning Team; Matthew kemkes; Tooman, Joshua CPT USARMY


Subject: equest mona mg, computer team. US v. Manning (UNCLASSIFIED)

Paul,

I acknowledge receipt. Because the case was transmitted to the GCMCA today, we owe you an
answer (hopefully by Friday) on whether we will take this to the or need you to re-
draft the memo for the GCMCA. Additionally, we have to work contracting to figure out if the
change of the approving official changes the contract. we have already started to figure
this out.

Additionally, what I don't see in your request is a breakdown of the total number of hours
that you are requesting for your expert services. Please remember that because CyberAgents
bills per hour, your estimate and request needs to be in the form of total number of hours.
I assume your math works, but the convening authority will authorize a certain amount of
money based on the proposed hours. As with all expert requests, we will take your request
and get input from our expert on whether it is reasonable before going to the convening
authority.

As you know, we are also trying to work through the 'overage? that was caused during the
Article 32 when CyberAgents billed more than the convening authority authorized. He
authorized no more than $14,000 to be spent and specifically required an additional written
request before any more services may be rendered. Because this didn't happen and the change
of the convening authorities, we are working with contracting to figure out the way forward.
At first glance, it appears the work which was previously performed and over $14,000 was not
authorized under the contract.

we are here to assist and get this right so that the proper resources may be allocated to
assist your client in his defense. I do not foresee a problem with getting this request
approved, but we have to have a proper request, with the justified basis (number of hours and
why, with some specificity).

Thanks!

v/r
Ashden

Defense_UncIass__Emai|_1 327

02564852
Previously in End 1

From: Bouchard. Paul CPT USARMY (us)

Sent: Thursday. January 19, 2012 9:02 AM

To: Fein. Ashden CPT USA SJA
Parra, Jairo A. WOI USA SJ
Feito, Beat?z SGT USA JFHQ- A







Cc: Manning Team Matthew kemkes
Tooman, Joshua CPT USARMY (US)
Subject: RE: Request additional funding, computer forensics team, US v. Manning

(UNCLASSIFIED)

Ciassi?cation: UNCLASSIFIED
Caveats: FOUO

Okay. Thanks Ashden. Can I call you this morning to discuss??
Paul

Defense_Unc|ass_Emai|_1 328

02921420
31065

From: Fein, Ashden CPT USA SJA

sent: Thursday. January 19, 2012 9:05 AM

To: Bouchard. Paul CPT USARMY Parra. Jairo A. W01 USA

Feito, Beatriz SGT USA JFHQ- SJA

Cc: Manning Team; Matthew kemkes; Tooman. Joshua CPT USARMY

Subject: !eque! aanllonal Lanlng. compu'er 'orensu|cs team. US v. Manning (UNCLASSIFIED)
Paul,

Absolutely. I have a phone call scheduled for 5 minutes ago (they are late). I should be
available after 16.

Defense_Unclass_EmaiI_1329

02564850
31 066

From: Bouchard. Paul acpr usmwv wan

Sent: Thursday. January I9, 2012 9:09 AM

To: Fein. Ashden CPT USA SJA

Subject: RE: Request additional funding. computer forensics team, US v. Manning
(UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Okay. I'll call at I0.
Thanks.
Paul

Defense_UncIass_EmaiI_1 330



0291 5905

31067

From: Fein. Ashden CPT USA SJA

Sent: Thursday, January 10, 2012 12:47 PM

To: Manning Team

Cc: Kemkes, Matthew MIL Bouchand. Paul CPT USARMY Tooman. Joshua

CPT USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard,
Angel M. CPT USA SJAI Whyte. Jeffrey H. CPT USA
Ford. Arthur 0. W01 USA

Subject: US V. PFC BM (Discovery)

David,

Today we mailed to you various law enforcement documents (BATES: 00410789 - 00410870). we
will deliver a CD to Fort Myer tomorrow. The tracking number for your CD is 7010 1060 0001
1274 4125.

v/r

Ashden

Defense_Unc|ass_Email_1331

31068


Thursday. January I9, 2012 l2:57 PM

Fein. Ashden CPT USA SJA

Matthew kemkes Bouchard. Paul CPT
USARMY (US) Tooman, Joshua CPT USARMY

Morrow JoDean, CPT USA IFHQ-

Overgaard, Angel M. CPT USA
Whyte. Jeffrey H. CPT
Ford, Arthur Subject: RE: US v. PFC BM (Discovery)

Ashden.
Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

I I 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_Unclass_EmaiI_1332

Previously Sg?rggted in End 1



From: Bouchard. Paul CPT USARMY (us)

Sent: Thursday, January 19, 2012 2:46 PM
To: Fein. Ashden USA SJA
Subject: RE: Request additional funding, computer forensics team, US v. Manning
(UNCLASSIFIED)
Attach: request additional funding for computer forensics team 1 .doc

Classi?cation: UNCLASSIFIED
Caveats: FOUO



The attachment is our first request out?tting total labor costs thus far and why we didn't submit a written request when the 14.00000
approved threshold was reached. We are asking for $1 I .200 to cover Erick and Trent's work which now totals 325.200.

Please let me know what you tlink.

I'm working on our second request right now. the one outlining why Eric and are con?dent they can complete the work within
160 hours. That will be a request for an additional S28.000.0t) I60 at I75 per hour).

Thanks.
Paul

Defense_Unclass_Emai|_1333

31070



From: Bouchatd. Paul CPT USARMY (us)

sent: Thursday. January 19. 2012 2:46 PM

To: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

subject: RE: Request additional funding, computer forensics team. US v. Manning (UNCLASSIFIED)
Attachments: request additional funding for computer forensics team1.doc

Follow Up Flag: Follow up

f?aglsunus: F?agged

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,
The attachment is our first request outlining total labor costs thus far and why we didn't
i submit a written request when the $14,906.00 approved threshold was reached. we are asking
for $11,200 to cover Erick and Trent's work which now totals $25,200.
Please let me know what you think.
I'm working on our second request right now, the one outlining why Eric and Trent are
confident they can complete the work within 160 hours. That will be a request For an
additional $28,060.00 (160 at 175 per hour).
Thanks,

Paul

Defense__Unclass_EmaiI_1 334



02564840

Previously S?ip?yitted in Encl 1

From: Bouchard, Paul CPT USARMY (US)

Sent: Thursday, January 19, 2012 5:37 PM

To: Fein, Ashden CPT USA SJA
Subject: message from CPT Bouchard (UNCLASSIFIED)

Attach: request additional funding for computer forensics team2.doc

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden,

This is our second request, the one asking for $28k.

Do let me know who the convening authority is, and let me know your thoughts on these two requests.
Thanks,

Paul

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unciass_Emai|_1335

02950163
31072

From: Bouchard, Paul CPT USARMY
sent: Thursday, January 19, 2012 5:37 PM

To: Fein, Ashden CPT USA SJA

Subject: message from CPT Bouchard (UNCLASSIFIED)

Attachments: request additional funding for computer forensics team2.doc

Follow Up Flag: Follow up

Flag Status: Flagged

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden,

This is our second request, the one asking For $28k.

Do let me know who the convening authority is, and let me know your thoughts on these two
requests.

Thanks,

Paul

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unc|ass_EmaiI_1336



02564837

Previously in Encl 1
















From:

Sent: Friday, January 20, 2012 2:24 PM

To: Fein, Ashden CPT USA SJ A
Cc: Matthew kemkes Bouchard, Paul CPT

Tooman, Joshua CPT USARMY

Morrow JoDean, CPT USA WHO-

Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT
Ford, Arthur D. W01

USARMY (US)
(U S)
SJA
SJA
USA SJA
USA SJA




Subject: Defense Discovery Request
Attach: Discovery Request - 20 Jan 12.pdf
Ashden,

Please ?nd the attached defense discovery request. Additionally, I plan to submit a deposition request to MG
Linnington over the weekend. Could you provide me with his correct "memorandum for" information? 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

e&rm&om



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

337

02939012

Previously Sypwigted in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Friday. January 20. 2012 3:15 PM

To:

Cc: Matthew kemkes; Bouchand, Paul CPT USARMY Tooman. Joshua CPT USARMY
Morrow Ill, JoDean, CPT USA Overgaard, Angel M. CPT USA
Whyte. Je?rey H. CPT USA SJA: Fond. Arthur 0.
W01 USA

Subject: RE: Defense Discovery Request

David,

Thank you. we will start working on this discovery request and we intend to give updated

answers to all your previous requests by the end of next week.
As for the GCMCA, we use the following for memorandums:

MEMORAIDWI FOR Commander, U.S. Army Military District of Washington, Fort Lesley 3. Mc?air,
DC 20319-5658

Additionally, as you might know, 'bradleymanning.org' has called for supporters to fax,
email, mail, and call the GCMCA to provide support for your client. we intend to recommend,
through the SJA, for the GCMCA not to review any documentation by supporters, unless the
defense submits the matters for his consideration. we intend to work with the command group
to ensure all documentation is gathered and provided to us, so that we can expeditiously
provide the defense copies in discovery. our intent is to ensure the GCMCA only reviews
material in the record and makes a referral decision based on the investigation, allied
papers, defense submissions, and ultimately on the SJA's advice under Article 34, UCMJ.

Have a good weekend.

v/r
Ashden

Defense_Unc1ass__Email_1 338

02932878

Previously Sgp?niged in End 1
From: Pain, Ashden CPT USA SJA
Sent: Monday, Januacy 23, 2012 5:44 AM
To:
Cc: Matthew kemkes; Boucharu, Paut CPT USARMY Tooman. Joshua CPT

USARMY Morrow Ill, JoDean. CPT USA Ovengaard. Angel M.
CPT USA Whyle. Jeffrey H. CPT USA Ford.
Arthur 0. W01 USA

Subject: RE: GCMCA Deposition Request

David,

Thank you. I acknowledge receipt and we will start processing this request through the
Military Justice section For the GCMCA.

v/r
Ashden

Defense_Unclass_EmaiI_1339





02939006

Previously Sgp?ggted in Encl 1

A

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, January 23, 2012 9:12 AM

To: Bouchard, Paul CPT USARMY (US)

Cc: Overgaard. Angel M. CPT USA Parra. Jairo A. W01 USA JFHQ-

NCRIMDW SJA
Subject: Defense Expen Funding (UNCLASSIFIED)
Paul,

Please see below. I am kicking this to Angel Overgaard so we can get speedy
resolution. Big issue- factual accuracy in the request billing. I
recommend making these changes and then sending them back to us for action.
The new requests should be addressed to the Comander, MDN (as per the MEMO
FOR line I sent Dave Coombs).

Ashden

Defense_Unc|ass_Emai|_1 340



02564835
31077

From; Bouchard, Paul CPT USARMY

Sent: Monday, January 23, 2012 9: I9 AM
To: Fein, Ashden CPT USA SJA
Cc: Overgaard. Angel M. CPT USA SJA



Parra, Jairo A. W01 USA
SJA
Subject: RE: Defense Expen Funding (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Ashden.

Many thanks. I'll update. Thanks for your input.


Paul

Defense_UncIass_EmaiI_1341

02564830

















Previously in Encl 1
From:
Sent: Monday, January 23, 2012 12:21 PM
To: Fein, Ashden CPT USA SJ A
Cc: Matthew kemkes Bouchard, Paul CPT
USARMY Tooman, Joshua CPT USARMY
S) Morrow IH. JoDean, CPT USA JFHQ-
SJA Overgaard, Angel M. CPT USA
SJA Whyte, Jeffrey H. CPT
USA Ford, Arthur D. W01
USA SJA
1
Subject: GCMCA Deposition Request
Attach: GCMCA Deposition Request.pdf
Ashden,

Please see the attached deposition request.

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

unlawful and is

Defense_UncIass_Email_1342

02564828
31 079







From:

Sent: Monday, January 23, 2012 5:06 PM

To: Fein. Ashden CPT USA SJ A
Cc: Matthew kemkes Bouchard. Paul CPT

Tooman, Joshua CPT USARMY

Monnw Ill. JoDean, CPT USA JFHQ-

Overgaard. Angel M. CPT USA
Whyte. Jeffrey H. CPT
Ford. Arthur D. WOI









il>




SJA
SJA
USA SJA
USA SJA





Subject: US v. PFC BM (Discovery)

Ashden.
My office received the Unclassi?ed Discovery disc 00410789-00410870.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

ll South Angell Street, #3 I7
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_U nclass_Emai|_1 343

02564773
Previously in Encl 1

From: Bouchard. Paul PT USARMY






Sent: Wednesday, January 25, 2012 I I :06 AM
To: Overgaard, Angel M. CPT USA SJA

Cc: Pana, Jairo A. W01 USA SJA

ein. Ashden CPT USA IF SJ A
Feito, Beatriz SGT USA JFHQ- SJ A

Subject: Defense request for additional funding. US v. Manning (UNCLASSIFIED)

Attach: request I lk.pdf; ll-Aug? Appointment of Forensic Computer Expert
(ManningB).pdf; I I-P-0079 AWD.doc; request 42.pdf

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Ovcrgaard.
The attachments are Defense requests for additional funding, matter of US v. Manning. It also includes supporting documents.
CPT Fcin brought up good points in his recent e-mail. he addressed those and edited out requests accordingly.

Please acknowledge receipt. and contact me should you have any issues or concerns.

Respectfully.
CPT Paul Bouchard
Defense Counsel



Defe nse_Unclass_Emai|_1 344

02938211
31081

From: Fain. Ashden CPT USA SJA

Sent: Wednesday, January 25.2012 11:08 AM

To: Bouchard. Paul CPT USARMY Overgaand. Angel M. CPT USA
SJA

Cc: Parra. Jairo A. W01 USA JFHQ-NCRIMDW SJA: Feito. Beatn'z SGT USA JFHQ-
SJA:

Subject: RE: Defense request or utuona mg. v. anmng (U LASSIFIED)

Paul- to be fair to Angel- those were her points in my email- NOT mine!

Thanks. we will start processing.

Defense_Unc|ass_Email_1345



02938207

31082

From: Fein. Ashden CPT USA SJA
Sent: Wednesday, January 25, 2012 11:13 AM
To: Bouchard. Paul CPT USARMY Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
SJA
Cc: Parra, Jairo A. W01 USA JFHQ-NCRIMDW Feito, Beatriz SGT USA JFHQ-


Subject: RE: Defense . v. SSIFIED)

Paul? in reference to the ?Request 42' - I recommend 2 changes-

1. The GCMCA (COR, MDH) did not previously approve any requests, it was COL Coffman the
I recommend changing that language.

2. This will require a new contract, so the language at the end about the contracting
amount, etc. is immaterial and not applicable. I recommend deleting paragraph 4 and the
relevant portions in paragraphs zand 3 to delete the references to the old contract option
amount Otherwise this will be confusing for the GCMCA and most importantly for
contracting when they award the new contract based on the GCMCA's order.

Ashden

Defense_U ass_Email_1 346

02564771
31083

From: Bouchard, Paul usmuw (us)

Sent: Wednesday, January 25, 2012 I |:l3 AM

To: Fein. Ashden CPT USA SJA
Overgaard. Angel M. CPT USA IA


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

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






Subject:

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Okay. Thanks. My bad. Clcdil to Angel. They won: good points. lbclicvc adequately addressed them in our rcqucsts.

Paul

Defense_Unclass_EmaiI_1347

02564768

From:
. Sent:
To:

Cc:

Subject:

31084

Bouchard. Paul cm usmwv

Wednesday, January 25, 2012 12:48 PM

Fcin, Ashden CPT USA SJA
Overgaard, Angel M. CPT USA A






Parra, Jairo A. USA SJ
Feito, Beatriz SGT USA JFHQ- SJA

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

Classi?cation: UNCLASSIFIED

Caveats: FOUO


Thanks.
I'm on it.

Paul

Defense_U ncIass_EmaiI_1 348

02564767

From:
Sent:
To:
Cc:

Subject:

31085

Bouchard, Paul CPT USARMY

Wednesday, January 25, 2012 2:10 PM
Feito, Beatriz SGT USA IFHQ- SJ A

Parra, Jajro A. W01 USA SJ
Overgaard, Angel M. CPT USA SJA

Fein, Ashden CPT USA SJA

Travel for Mr. Lakes and Mr. Struttmann (UNCLASSIFIED)





Classification: UNCLASSIFIED

Caveats: FOUO

SGT Feito,

Just wondering where we're at regarding Eric and Trent's travel slated for Feb. I've heard Eric is somehow
"locked" in the DTS system at Fort Bragg I believe. How do we "un|ock? him?

Any update appreciated.

I appreciated your efforts on these travel issues.

Respectfully,

CPT Bouchard

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_Emai|_1 349



02564766

31086

From: Bouchard, Paul CPT USARMY (US)

Sent: Wednesday, January 25, 2012 2:26 PM
To: An?il M. CPT SJA
Cc: Fein, Ashden CPT USA SJ A




Parra, Jairo A. W01 USA SJ
Feito, Beatriz SGT USA JFHQ- SJ A

Subject: Request !or additional Ending, 42!, v. Manning (UNCLASSIFIED)

Attach: request42new.pdf

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Overgaard,

CPT Fein made some good suggestions regarding one of the requests I submitted earlier today. I've incorporated those
suggestions. The attachment is our new version of our request for an additional $42,000.00.

Respectfully,

CPT Bouchard

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Emai|__1350

02558009
31087

From: Overgaard, Angel M. CPT USA SJA

Sent: Wednesday, January 25. 2012 2:31 PM

To: Bouchatd, Paul CPT USARMY

Cc: Fein, Ashden CPT USA SJA: Pam, Jaim A. W01 USA

Feito, Beatriz SGT USA JFHQ-

Subject: RE: Request for additional funding, 42k. US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Thank you CPT Bouchard.

Defense_Unclass_Email_1351



02557995

Previously in Encl 1

From: Overgaard, Angel M. CPT USA SJA

Sent: Wednesday, January 25. 2012 5:24 PM

To: 'Bouchard, Paul CPT USARMY

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

Feilo, Beatriz SGT USA JFHQ- NCRIMDW SJA
subject: RE: Request tor additional funding. 42k. US v. Manning (UNCLASSIFIED)
Attachments: request42new.pdf

Classification: UNCLASSIFIED
Caveats: FOUO

CPT Bouchard:

I'm a little confused by this request. Your request that I looked at yesterday
for the 328k made sense because the reasons you gave were that Mr. Lakes and
Mr. Struttman estimated they would work an additional 160 hours each.

It is not clear (at least to me) from this request where the $42k amount is
coming from. $14k was already approved with an additional $11k requested, and
the old contract was For $56k. As CPT Fein stated, the $56k number is no
longer applicable because we will have to do a new contract. Could you please
clarify where the $42k Figure is coming From or let me know if I am missing
something? Thanks!

Angel

Defense_Unc|ass_Emai|_1 352



02564764
Previously in Encl 1

From: Bouchard. Paul usmwv (us)

Sent: Thursday, January 26, 2012 9:22 AM
To: Overgaard, Angel M. CPT USA SJA

Cc: ein, Ashden CPT USA SJA



Parra, Jairo A. W01 USA SJ
Feito. Beatriz SGT USA JFHQ- SJ A

Subject: RE: Request for additional funding, 42k, US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Angel

I did make a slight emor. We should lm-e requested 339200.00 and not $42.000.00. Paragraph 4. request for additional funding. lays
it out:

Eric and were approved for Thus far. their work totals 325.200. so we're respectfully asking that an additional SI 1.200 be
approved for their work thus far.

Eric and Trent are slated to come here for 10 days (Feb. 8-17) and complete the work. Ten days means 80 hours each (8 hours per
day so I60 hours for both of them. Eric and Trent are con?dent they can cotnplete the work in I60 hours (again. thus far. they ?re

spent I-I4 hours). 160 hours at $l75.00 per hour equals 328000.00

I should have requested $1 l.20t) plus 828.000 which equals $39,200.00. not S-l2.000.00. (The 42K came from I-IK already approved
plus asking for 28.000 more). However. like paragraph 4 of our other request states. Eric and Trent will bill their work per hour.
Maybe they'll be done in I00 hours. maybe I I0. Maybe they'll need I75 hours. Bottom lire. they believe they can finish the computer
forensic work WITHIN I60 hours.

The CA will approve (we hope) whatever he believes to be fair. 39K is fair. So is -l2K.

Hope this clears it up. Good catch. I was olT with the math. We're in the ballpark though. and again. Eric and Trent will only
bill for the work they do.

Thanks.

Call or e-mail me if you have any questiorn
Paul

Defense_Unclass_EmaiI_1353

31090



From: Bouchard. Paul acpr usamv (us)






Sent: Thursday. January 26, 2012 9:36 AM
To: Overgaard, Angel M. CPT USA SJA

Cc: Fein, Ashden PT USA A

Parra, Jairo A. WOI USA SJ
Feito, Beatriz SGT USA JFHQ- SJ

Subject: RE: Request for additional funding, 42k, US v. Manning (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

AngeL

I did make a slight error. We should have requested and not $~l2.000.00. Paragraph 4. request for additioml funding. lays
it out:

Eric and Trent were approved for l-1K. Thus far. their work totals 825.200. so we're respectfully asking that an additional SI 1.200 be
approved for their work thus far.

Eric and Trent are slated to come here for Ill day (Feb. 8-17) and complete the work. Ten days means 80 hours each (8 hours per
day so I60 hours for both of them. Eric and Treat are oon?cbm they can complete the work in I60 hours (again. thus far. they've
spent 1-14 hours). 160 hours at $l75.00 per hour equals $28.000.00

I should have requested 31 L200 plus 828.000 which equals $39.2t)0.t)0. not $42.000.00. (The 42K came from I-IK already approved
plus asking for more). However. like paragraph -I of our other request states Eric and Trent will bill their work per hour.
Maybe be done in I00 hours. maybe I It). Maybe they ?ll need I75 hours. Bottom line. they believe they can ?nish the computer
forersic work WITHIN 160 hours.

The CA will approve (we hope) whatever he believes to be fair. 39K is fair. So is 42K.

Hope this clears it up. Good catch. I was olT with the math. We're in the ballpark though. and if Eric and Trent complete the
work in less than

Defense_Unc|ass_Emai|_1 354



02921359

Previously S?ibtggifted in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday. January 26, 2012 11:13 AM

To: Bouchard, Paul CPT USARMY Ovengaard, Angel M. CPT USA
SJA

cc: Parra, Jairo A. W01 USA Feito, Beatriz SGT USA JFHQ-
IHCFUNENAISJA

Subject: RE: Request for additional funding. 42k, US v. Manning (UNCLASSIFIED)

Paul-

we are trying to make this as simple as possible for EVERYONE, including the CA. I recommend
you just make a request For what you need and disregard past acts . Just what you need and
why. If you need them to work 110 more hours, then ask For that and provide the
justification For 110 more hours. If its only 100 more hours, then that amount, or 150
hours, that amount. Don't wrry about the past amounts or the billing issue with the overage
or the previous contract.

Just a simple expert Funding request -For of hours for a total of The reason it will
take of hours to complete. we will take that to our expert and the convening authority.

Ashden

Defense__Unciass__Emai|_1355

02557977
Previously Sgp?ggted in Encl 1

From: Parra, Jairo A. W01 USA SJA
Sent: Thursday, January 26, 2012 1:35 PM
To: 'Bouchard, Paul CPT USARMY Feito, Beatriz SGT USA JFHQ- NCRIMDW SJA
Cc: Overgaard, Angel M. CPT USA Fein, Ashden CPT USA JFHQ-
NCRIMDW SJA
Arthur . 1 A SJA
Subject: RE: Travel for Mr. Lakes and Mr. Struttmann (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

Sir,

To make things clear and avoid future complications with payments and/or
contracts, Eric Lakes and/or Trent Struttman (Cyberagents) are not
authorized to travel or perfume any work without a written consent/approval
by the CA. The Government cannot schedule or approve any travel prior to
the CA's approval of the defense request for an expert witnesses. Allowing
Mr. Lakes and Mr. Struttman to travel or perform any labor on behalf of the
defense prior to the CA's approval would constitute a violation of fiscal
law. This would ultimately be considered an unauthorized commitment of
government funds. Needless to say, there is a legitimate urgency in regards
to this request. The defense team must be able to get the request to
appoint an expert witness to the government as soon as possible for the CA's
action. In the mean time, I will begin to work with the MICC at Fort Myer,
to ensure that a contract is awarded if and when the CA acts on the
defense's request. If you have any questions please feel free to contact me
at your earliest convenience.



JP

Jairo A. Parra

W01, JA

Legal Administrator
JFHQ-NCR, MDW




- 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

1

Defense_Unclass_EmaiI_1356



02557977

U.S.C. 552 and Army Regulations 25-55 and

Defense_Unc|ass_Email_1356

Previously in Encl 1



02564761
Previously S?t?rgigted in Encl 1

From: Bouchard, Paul CPT USARMY (us)

Sent: Thursday, January 26, 2012 2:58 PM









To: Overgaard, Angel M. CPT USA SJA
Overgaard, Angel M. CPT USA JFHQ-

SJA
Cc: Fein, Ashden CPT USA SJA

Pana, Jairo A. W01 USA SJ

Feito, Beatriz SGT USA JFHQ- SJA
Subject: Request for additional ?mding (UNCLASSIFIED)
Attach: request additional funding 28 signedpdf

Classification: UNCLASSIFIED
Caveats: FOUO

Angel,

We're requesting an additional $28,000.00. Recently spoke to Ashden on this. E-mail or call me if need be.

Paul

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_EmaiI_1357

02557968
31 095

From: Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA
Sent: Friday, January 27, 2012 11:34 AM

To: 'Bouchard, Paul CPT USARMY

Cc: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Request for additional funding (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Thank you Paul!

Defense_Unc|ass_Emai|_1358

31096

Bouchard. Paul usmwv

Friday, January 27, 2012 I 1:42 AM
Overgaard, Angel M. CPT USA SJA

I)
Fein, Ashden usA sm

RE: Request for additional funding (UNCLASSIFIED)



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_Email_1 359



02564758
Previously in Encl 1

From: Bouchard. Paul CPT USARMY (US)

Sent: Friday. January 27, 2012 5:01 PM
To: Overgaard, Angel M. CPT USA SJA
1)
Ce: Fein. Ashden CPT USA IF A



Parra, Jairo A. WOI USA SJ
Feito, Beatriz SGT USA JFHQ- A

Subject: RE: Request for additional funding (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats; FOUO

Argel

Do let me know if our request is approved. I know it's not your call. but Eric and Trent. the Defense computer expert assistants. were

plannirg on coating her: at Meade from 8-17 Feb to convict: their work. We're hopeful the 28K will get approved. tint tho 811.200
that they went over VV ill also be approved I know that's a contracting issue). and Finally that be able to travel lien: for 8-17
February.

Any insights feedback appreciated.


Defense_Unctass_Emai|_1360

02557961
31098


From: Overgaand, Angel M. CPT USA JFHQ-NCRIMDW SJA
Sent: Friday, January 27, 2012 5:39 PM
To: 'Bouchard, Paul CPT USARMY
Cc: Fein, Ashden CPT USA JFHQ-NCRIMDW Parra, Jairo A. W01 USA JFHQ-NCRIMDW
Feito, Beatriz SGT USA JFHQ- NCRIMDW SJA
Subject: RE: Request for additional funding (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Paul,
Roger. we will let you know as soon as we have an answer which should be
early next week. Have a good weekend!

Angel

Defense_Unc|ass_Emai|_1361





02915813

31099

From:
Sent:
To:
Cc:

Subject:
Attachments:

401-'5

Defense_Unc|ass_Emai|_1362

Fein, Ashden CPT USA SJA

Friday, January 27, 2012 6:44 PM



Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman, Joshua
CPT USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard.
Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW
Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA

US v. PFC BM (Discovery) 4 of 5

120127-Response to Defense Discovery Request (20 Jan 12) Defense.pdf; 120127-
Response to Defense Discovery Request (16 Nov 11) Defense.pdf





31100

Subject:
Attachments:

3of5

Defense_U nclass_Emai 363

Fein, Ashden CPT USA SJA

Friday, January 27, 2012 6:44 PM



Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman, Joshua
CPT USARMY Morrow JoDean. CPT USA Overgaard,
Ange! M. CPT USA SJA: Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW
Ford. Arthur (Discovery) 3 of 5

12o127?Response to Defense Discovery Request (16 Feb 11) Defense.pdf; 120127-
Response to Defense Discovery Request (15 Nov 11) Defense.pdf; 120127-Response to
Defense Discovery Request (15 Nov 10) Defense.pdf



0291 5832

31101

From:
Sent:
To:
Cc:

Subject:
Attachments:

2oF5

Defense_UncIass_Email_1364

Fein, Ashden CPT USA SJA

Fn'day, January 27, 2012 6:44 PM



Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman, Joshua
CPT USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Ovengaand,
Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW
Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA

US v. PFC BM (Discovery) 2 of 5

120127-Response to Defense Discovery Requesl (13 Oct 11) Defense.pdf; 120127-
Response to Defense Discovery Request (13 May 11) Defense.pdf





02915849

3H02
From: Fein, Ashden CPT USA SJA
Sent: Friday, January 27, 2012 6:43 PM
To:
Cc: Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman, Joshua

CPT USARMY Morrow JoDean, CPT USA Overgaard,
Angel M. CPT USA Whyte, Jeffrey H. CPT USA
Ford, Arthur D. WO1 USA SJA

Subject: US v. PFC BM (Discovery) 1 of 5

Attachments: 120127-Response to Defense Discovery Request (10 Jan 11) Defense.pdf; 120127-
Response to Defense Discovery Request (1 Nov 10) Defense.pdf; 120127-Response to
Defense Discovery Request (8 Dec 10) Defense.pdf

David,

Today, we delivered the following documents to Fort Myer in discovery. we will mail a copy of
the unclassified material to you first thing Monday morning.

BATES: 60410871-00411342 - various documents from CID, LESs, and the unclassified audio
from the Article 32.

BATES: ee411343-00411355 - various classified documents from CID and the audio from the
Article 32 classified sessions.

Additionally, attached to this email and the next 4 emails are our discovery responses for
all your discovery requests. As you will see, we still owe you a response for all your
damage assessment requests and we intend to get you those responses no later than next
Friday.

Finally, we intend to present the deposition request and expert request to the GCMCA next
week.

Have a good weekend.

v/r

Ashden

Defense_U nciass_Em ai|_1 365



0291 5804

Subject:
Attachments:

5oF5

Defense__U nc|ass_Emai 366

31103

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Friday, January 27, 2012 6:44 PM



Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman. Joshua
CPT USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard,
Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyie. Jeffrey H. CPT USA JFHQ-NCRIMDW
Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA

Us v. PFC BM (Discovery) 5 of 5

120127-Response to Defense Discovery Request (29 Oct 10) Defensepdf

02564757
Previously Sgpriaqted in Encl 1












From:

Sent: Friday, January 27, 2012 8:56 PM

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

Tooman, Joshua CPT USARMY
orrow IH, JoDean, CPT USA JF HQ-
Overgaard, Angel M. CPT USA

Whyte, Jeffrey H. CPT
USA Ford, Arthur D. W01
USA SJ

Subject: Discovery

Ashden,

Thank you for the discovery responses. I am a little confused by the government's response regarding contact
information for Mr. Betz, Mr. Kennedy and Mr. Roland. Is it the government's position that even though you
have ready access to the contact information for these potential witnesses, you will not provide this information
to the defense?

If so, can you elaborate the basis for your denial to provide this information that is consistent with the
requirements of Article 46,

Also, each of your discovery responses has words with missing letters. I don't know if this is a program issue
with your PDF software or some other strange glitch. For instance, the discovery response for the 29 October
discovery request has several words on the first page missing letters and trial coun[]



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_Email_1 367

02936438

31105

From:
Sent:
To:
Cc:

Subject:

Attachments:

20154

Defense_Unc|ass_Emai|_1368

Fein, Ashden CPT USA SJA

Monday, January 30, 2012 11:31 AM



Matthew kemkes; Bouchard, Paul CPT USARMY Tooman, Joshua CPT

USARMY Morrow 111, JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA Why1e, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford.

Arthur D. W01 USA JFHQ-NCRIMDW SJA

Discovery (2 of 4)

120127-Response to Defense Discovery Request (15 Nov 11) Defense.pdf; 120127-
Response to Defense Discovery Request (13 Oct 11) Defense.pdf; 120127-Response to
Defense Discovery Request (15 Nov 10) Defense.pdf

02936460

31106

From:

To:
Cc:

Subject:
Attachments:

David,

Fein, Ashden CPT USA SJA

Monday, January 30. 2012 11:30 AM



Matthew kemkes; Bouchard, Paul CPT USARMY Tooman. Joshua CPT

USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA Whyte, Jeffrey H. CPT USA Ford.

Arthur D. W01 USA SJA

Discovery (1 of 4)

120127-Response to Defense Discovery Request (10 Jan 11) Defense.pdf; 120127-
Response to Defense Discovery Request (13 May 11) Defense.pdf; 120127-Response to
Defense Discovery Request (8 Dec 10) Defense.pdf

I am going to send 4 total emails, with an explanation in the last.

v/r
Ashden

Defense_UncIass_EmaiI_1369

31107



From:
Sent:
To:
Cc:

Subject:
Attachments:

3oF4

Defense_U ncIass_Email_1 370

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Monday, January 30, 2012 11:31 AM



Matthew kemkes; Bouchard, Paul CPT USARMY Tooman, Joshua CPT

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW Ford.

Arthur D. W01 USA JFHQ-NCRIMDW Matthew kemkes; Bouchard. Paul CPT
USARMY Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte,
Jeffrey H. CPT USA JFHQ-NCRIMDW Ford, Arthur D. W01 USA
SJA

Discovery (3 of 4)

120127-Response to Defense Discovery Requesi (20 Jan 12) Defensepdf; 120127-
Response to Defense Discovery Request (16 Feb 11) Defensepdf; 120127?Response to
Defense Discovery Request (16 Nov 11) Defense.pdf

02948398
smos

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, January 30, 2012 11:42 AM

To:

Cc: Matthew kemkes; Bouchard, Paul CPT USARMY Tooman, Joshua CPT
USARMY (US): Morrow JoDean. CPT USA JFHQ-NCRIMDW overgaard, Angel M.
CPT USA Whyle, Jeffrey H. CPT USA Ford,
Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: 4 of 4

Attachments: 120127?Response to Defense Discovery Requesl (29 Oct 10) Defense.pdf

David,

In the past 4 emails (including this one), I sent you the same discovery responses as before,
but in a different format. This should fix the issue you identified.

As for the contact information for Mr. Betz, Ambassador Kennedy, and Mr. Roland? All three
are not currently identified as government witnesses. If they are identified as witnesses,
then their contact information will be provided pursuant to the government?s requirements
under Article 46, UCMJ and relevant portions of the RCH. If this is not responsive, the
defense is invited to renew its request with a more specific basis and the proper authority
for receiving the contact information.

Although we responded the defense will receive the remainder of our responses by Friday
(focusing on damage assessments, if any), we hope to have the authority to respond by
tomorrow.

v/r

Ashden

Defense_Unc|ass_Emai|_1371

Previously S?ippagted in Encl 1


Monday, January 30, 20l2 4:l I PM

Fein, Ashden CPT USA SJA
Matthew kemkes Bouchard, Paul CPT

Tooman, Joshua CPT USARMY

Morrow .loDean, CPT USA JFHQ-

Overgaard, Angel M. CPT USA
Whyte. Jeffrey H. CPT
Ford. Arthur D. W01















A
USA SJA
USA SJA

Subject: 4 of 4

Ashden,
Thank you for providing new copies of the government's discovery responses.

I am still confused by the government's refusal to provide contact information for Mr. Roland, Ambassador
Kennedy, and Mr. Betz. At this point, it appears that the government is improperly impeding the defense's
access to these potential witnesses. In discovery. the government provided the defense with an unswom
declaration from each of these potential witnesses. Additionally, you introduced these declarations into .
evidence at the Article 32, and were prepared to call each by telephone should the 10 deem the unswom
declarations inadmissible. Therefore, the defense would like to interview Mr. Roland. Ambassador Kennedy
and Mr. Betz.

The requirements of Article 46 are not dependant upon whether the government ultimately decides to list a
particular individual on their witness list or not. Instead, it speaks to the right of the trial counsel, defense
counsel, and court-martial to obtain witnesses and other evidence. Please provide contact information for Mr.
Roland, Ambassador Kennedy and Mr. Betz by I700 tomorrow.

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




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_U nclass_EmaiI_1 372



Previously in Encl 1

From: Bouchard, Paul RCPT usmmy (mm

Sent: Tuesday, January 31, 2012 10:57 AM
To: Overrzaard. Angel M. CPT USA SJ A

Cc: Fein, Ashden CPT USA A



Parra, Jajro A. W01 USA SJ
Feito, Beatriz SGT USA JFHQ- SJ A

Subject: Question from CPT Paul Bouchard (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Angel,

Don't mean to be a pest, but just wondering on the money approval issue for the Defense's computer forensics team.
Any word yet? My concern is Eric and Trent blocked off Feb 8-17 to come here and finish the work. There travel has to

be booked by the Government, and apparently that won't happen until the money is approved.
Any feedback appreciated.



Paul

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_Email_1373



02557773

Previously in Encl 1

From: Parra, Jairo A. W01 USA SJA

Sent: Tuesday, January 31, 2012 11:57 AM

To: 'Bouchand, Paul CPT USARMY Overgaard, Angel M. CPT USA
SJA

Cc: Fein, Ashden CPT USA Feito, Beatriz SGT USA JFHQ-
SJA

Subject: RE: Question from CPT Paul Bouchand (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

As far as your expert witness questions are concern, I have all the
documents required to execute the contract and Eric Lakes? (also Trent
Strauttman) travel has been reserved, pending my final approval, for the
days you have requested. However, we are waiting for the CA to appoint them
as part of the defense team as your expert consultants/witnesses. After the
appointment has been approved by the CA, the approval is sent to
contracting command to issue a contract. The government cannot get ahead of
the contracting process and must wait for all the steps to occur prior to
execution. I'm confident that we will be able to execute all requirements
prior to the current scheduled dates of travel and Cyber Agents, INC. will
be able to perform their required work, but as you can see, there is a
chance where it may not happen as planned; I ?m just not able to guarantee
the whole process 100%. Please rest assured we are working this as a top
priority and will do everything in our power to execute this as soon as
possible. Thank you for your patience and understanding in this matter; I
know this can get a bit frustrating.

v/r,
JP
Jairo A. Parra

N01, JA
Legal Administrator










- 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

1

Defense_Undass_Emai|_1374



02557773

Previously Sgp?gted in Encl 1

email in error, please notiFy this o?ice immediately by return email (see 5
U.S.C. 552 and Army Regulations 25-55 and

Defense_UncIass_Emai|_1374

02564752

From:
Sent:
To:

Cc:

Subject:

31113

Bouchard, Paul CPT USARMY (us)

Tuesday. January 2012 12:03 PM
Parra, Jairo A. W01 USA SJA
Overiaard, Aniel M. CPT USA JA



Fein, Ashden CPT USA SJA
Feito, Beatriz SGT USA JFHQ- A

RE: Question from CPT Paul Bouchard (UNCLASSIFIED)





Classi?cation: UNCLASSIFIED

Caveats: FOUO

Chief. much appreciated.
I appreciate all the cITons on this.


CPT Bouchard

Defense_Unclass_EmaiI_1375

02948376
Previously Sgbmigted in Encl 1


From: Fein, Ashden CPT USA SJA
Sent: Tuesday, January 31, 2012 4:49 PM
To:
Cc: Matthew kemkes; Bouchard, Paul CPT USARMY Tooman, Joshua CPT

USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA SJA: Whyte. Jeffrey H. CPT USA SJA: Ford,
Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: RE: 4 of 4
Attachments: 120131-Defense Discovery Response
David,

At this time, we will not provide the contact information for Mr. Roland, Ambassador Kennedy,
or Mr. Betz; however, if they are designated as government witnesses we will not only provide
the information, but coordinate meetings for the defense to interview these senior level
officials, and any other senior officials designated as government witnesses. These meetings
will be well before trial so that each party has adequate opportunity to prepare its case and
equal opportunity to interview witnesses.

As of today, none of these three individuals will be witnesses at a court-martial, if the
case is referred. Although the United States intends to call senior military/government
officials as witnesses, we have not identified these individuals as our witnesses. The
United States understands its obligations under Article 46, UCMJ, applicable rules, and
applicable case law, and is confident the defense will have equal opportunity to obtain
witnesses, as defined by these sources and overseen by a military judge.

Also, as a reminder, please remain cognizant of the classified and otherwise sensitive nature
of these individuals? work and their relationship to this case.

Attached is our reply to your previous discovery requests, in reference to damage assessments
and other documents related to DOD and Executive Branch departments and agencies.

v/r
Ashden

Defense_Unc|ass_Emai|_1 376

02564748
Previously S?ipmgted in Encl 1













From:

Sent: Tuesday, January 20l2 5:42 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Bouchard, Paul CPT

USARMY US Tooman, Joshua CPT USARMY

Morrow JoDean, CPT USA IF HQ-

Overgaard, Angel M. PT USA
Whyte, Jeffrey H. CPT
Ford. Arthur D. W01
Melissa Santiago

SJA
USA SJA
USA SJA





Subject: RE: 4 of4

Ashden.

I would like to explore the possibility of calling these individuals as defense witnesses. Please be so kind as to
provide contact information for them. Thank 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-S88-4156

Local: (508)689-4616

Fax: (508) 689-9282



""Con?dentiality Notice: This transmission, including attachments, may contain con?dential attomey-client
infonnation and is intended for the person(s) or 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_1377

02948363



Previously in Encl 1

Subject:
Attachments:

David,

Absolutely.

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday. February 01. 2012 6:12 PM



Matthew kemkes; Bouchard, Paul CPT USARMY Tooman, Joshua CPT
USARMY Morrow JoDean. CPT USA Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW Ford.
Arthur D. W01 USA JFHQ-NCRIMDW SJA: Melissa Santiago

RE:4of4

120201-Defense Computer Forensics Expert 120201-GCMCA Response to
Request for Oral Depositions.pdf

He will start working with each organization to determine the best way -For the

defense to contact the individuals.

Attached are the GCMCA's decisions on the Defense Computer Forensic Experts and the

Deposition Requests.

Have a good night.

v/r
Ashden

Defense_U

02564744

From:
Sent:
To:

Cc:

Subject:







31117

Bouchard. mun usmuw (us)

Thursday. Febmaty 2, 2012 8:28 AM

Fein, Ashden CPT USA SJA


Matthew kemkes Tooman, Joshua PT
USARMY (US) Morrow JoDean, CPT USA
Overgaard, Angel M.

CPT USA SJA

Jeffrey H. CPT USA SJA Ford.

Arthur D. won USA SJA
Santiago, Melissa USARMY (us)

RE: 4 of4 (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Ashden

Thank you.

Paul

Defense_Unclass_EmaiI_1379



02564743

Previously in Encl 1

From: Bouchard, Paul CPT USARMY (US)

Sent: Thursday, February 2, 2012 8:31 AM

To: Overgaard, Angel Cc: Fein, Ashden CPT USA SJ A
Parra, Jairo A. W01 USA SJ

Santiago, Melissa CW2 USARMY (LS)


..




Subject: Computer Forensics Team (UNCLASSLFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Angel, Chief Parra, Ashden:

Thank you for your quick turnaround regarding the approval of additional funds for the Defense's Computer Forensic

Team, US v. Manning.

CPT Bouchard

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_1380

02564742
Previously Sypmigted in Encl 1

From: Bouchard, Paul USARMY (us)

Sent: Thursday, February 2, 2012 8:51 AM

To: Parra, Jajro A. W01 USA SJA
Feito, Beatriz SGT USA IFHQ- SJA
Fein, Ashden CPT USA SJA
Overgaard, Angel _wkemkes

';,Santiago, Melissa CW2 USARMY (US)







Subject: Billing, Computer Forensics Team (UNCLASSIFIED)

Attach: Cyber Agents Invoice US Manning Billing.xls; Cyber Agents Invoice US
Manning ereview-32 Billing.xls

Classification: UNCLASSIFIED
Caveats: FOUO

Mister Parra,
The attachments are the pertinent billing invoices from the Defense Computer Forensic Team.
I want to thank you, CPT Overgaard, and CPT Fein personally for your excellent work on the additional 28k approval.

As per our discussion yesterday, it is our understanding that the Government is working on the travel arrangements for
Eric Lakes and Trent Struttmann for 8-17 Feb here at Fort Meade. Keep in mind that Mr. Lakes has requested a smoking

room for his hotel accommodations.



CPT Bouchard

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Emai|_1381



02933392

31120

From: Bouchard, Paul CPT USARMY (us)
Sent: Thursday, Februaly 02. 2012 8:51 AM
To: Parra, Jairo A. USA Feito, Beatn'z SGT USA JFHQ-

Fein, Ashden MAJ USA JFHQ-NCRIMDW Overgaard, Angel M. CPT
USA SJA

Cc:
atthew kem es; antiago, eissa

Subject: Billing. Computer Forensics Team (UNCLASSIFIED)
Attachments: Cyber Agents Invoice US Manning 1st BilIing.xIs; Cyber Agents Invoice US Manning
ereview-32 Bi|Iing.x|s

Classification: UNCLASSIFIED
Caveats: FOUO

Mister Parra,
The attachments are the pertinent billing invoices from the Defense Computer Forensic Team.

I want to thank you, CPT Overgaard, and CPT Fein personally for your excellent work on the
additional 28k approval.

As per our discussion yesterday, it is our understanding that the Government is working on
the travel arrangements For Eric Lakes and Trent Struttrnann for 8-17 Feb here at Fort Meade.
Keep in mind that Mr. Lakes has requested a smoking room for his hotel accommodations.



CPT Bouchard

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_U nclass_Emai|_1 382

02933465

31121

From:
Sent
To:

Cc:

Subject:
Attachments:

Bouchard, Paul CPT USARMY (us)

Thursday, February 02, 2012 8:51 AM

Parra, Jairo A. CW2 USA Feito, Beatnz SGT USA JFHQ-
Fein, Ashden MAJ USA Overgaard, Angel M. CPT
USA SJA

Matthew kemkes; ?Santiago, Melissa 8 CW2
USARMY

Billing, Computer Forensics Team (UNCLASSIFIED)

Cyber Agents Invoice US Manning 1st Bi||ing.x|s; Cyber Agents Invoice US Manning
ereview-32 Billing.x|s

Classi?ication: UNCLASSIFIED

Caveats: FOUO

Mister Parra,

The attachments are the pertinent billing invoices from the Defense Computer Forensic Team.

I want to thank you, CPT Overgaard, and CPT Fein personally for your excellent work on the
additional 28k approval.

As per our discussion yesterday, it is our understanding that the Government is working on
the travel arrangements for Eric Lakes and Trent Struttmann for 8-17 Feb here at Fort Meade.
Keep in mind that Mr. Lakes has requested a smoking room for his hotel accommodations.


CPT Bouchard

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_EmaiI_1383



31122

Eric
Thursday. February 2. 2012 9:45 AM

Bouchard. Paul PT USARMY (US)
USA SJA

Pnrra. Jairo A. WOI
. alriz SGT USA JFHQ-
cn CPT USA











cm,
crgaard. Angel M. CPT USA SJA
Cc:
Matthew kcmkes Santiago. Melissa CW2 USARMY
(U5)

Subject: re: Billing. omputcr Forensics Tcam (UNCLASSIFIED)

They got the hotel rooms already at La Quinta on West Nursery just awaiting the air now.

Eric Lakes
Digital Forensic Examiner

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


616 Pasadena Drive
Lexln on, KY 40503



Defense_Unclass_Emai|_1384



02557611

3H23
From: Parra. Jairo A. W01 USA SJA
Sent: Friday, February 03. 2012 9:36 AM
To: Bouchatd, Paul CPT USARMY Feito, Beatriz SGT USA JFHQ- NCRIMDW SJA
cc:
atthew kemkes; Fein. Ashden CPT USA Ovemaard. Angel M. CPT
USA SJA
Subject: RE: travel for Mr. Lakes and Mr. Strullmann (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

The contract has been submitted to the contracting office at Fort Myer so
that the government can issue a contract for their work. Although already
approve by the CG, we cannot get ahead of contacting issuing a contract. As
far as their travel arrangements, the government has made all the
coordination necessary to ensure that as soon as the contract is issued we
can approve their travel orders within minutes. I do not foresee any issues
with them being able to travel on the scheduled dates, but we must wait
until we have a contract issued to finalize and approve their travel orders.
Thank you for your patience and understanding.

v/r,

JP

Jairo A. Parra
H01, JA

Legal Administrator
JFHQ-NCR, MDH








- 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_Unclass_Emai|_1 385

02564740

From:
Sent:
To:

Cc:

Subject:

31124

Bouchard. Paul CPT USARMY (US)

Friday, February 3, 2012 9:38 AM
Parra, Jairo A. WOI USA SJA
Feito, Beatriz SGT USA JFHQ- SJ A

Matthew .kemkes
Fein, Ashden CPT USA SJA

Overgaard, Angel M. CPT USA






SJA
RE: travel for Mr. Lakes and Mr. Struttmann (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Thank you. Chief.

CPT Bouchald

Defense_U ncIass_EmaiI_1 386



0291 7790

31125

i i
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, February 06, 2012 7:24 AM

To:

Cc: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA

Subject: RE: v. PFC BM - telephonic RCM 802 conference/arraignment

David,

Are you available on Friday, 10 Feb at 1630- which Fits within her schedule? I don't know
how Fruitful a telephonic will be today, without us having Section of the EDN.

V/r?
Ashden

Defense_Unc|ass_Emai|_1387

02564737
31 126

From:

Sent: Monday, February 6, 20l2 7:28 AM

To: Fein, Ashden USA SJA
Subject: Re: v. PFC BM - telephonic RCM 802 conference/arraignment

No. As I said in my cariicr email in ncods lo be Monday. Wednesday or Thursday. I will be on a plane on Friday cvcning.
Sent from my Verizon Wireless BlackBen)'

Defense_Unclass_EmaiI_1388



02564736
31 127

From: Bouchard, Paul CPT USAKVIY

Sent: Monday, February 6, 2012 7:45 AM
To: Fein, Ashden CPT USA
SJA
Subject: Call in line, CPT Paul Bouchard (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Ashden FYI

Read your latest e-mail. Just to let you know I'm in trial tomorrow and Wednesday, US v. Esposito. As such I won't be
able to participate in a call in should it occur on those days.



Paul

Classification: UNCLASSIFIED

Caveats: FOUO

Defense_Unclass_Emai|__1389

02943933

31128

From:
sent:
To:
Subject:

Thanks Paul.

Defense_U ncEass_Emai|_1 390

Fein, Ashden CPT USA SJA

Monday, February 06. 2012 7:47 AM

Bouchard, Paul CPT USARMY
RE: Call in line, CPT Paul Bouchard (UNCLASSIFIED)



02564735

31129

From:
Sent: Monday, February 6, 2012 10:49 AM

To: Fein, Ashden CPT USA














Cc: Morrow Ill. JoDean_ CPT USA SJA
Overgaard_ Angel M. CPT USA IFHQ-

SJA Whyte, Jeffrey H. CPT USA

SJA Ford, Arthur D. W01 USA

SJA Matthew kemkes

Bouchard, Paul CPT USARMY (U S)
Melissa Santiago

Subject: Arraignment
Ashden,

Since COL Lind is traveling on Wednesday, I suggest we do the arraignment on Thursday the 23rd. Does that
work for you?

Best,
Dave

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: (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. Ifyou 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_1391

02946287
31 130


From: Fein, Ashden CPT USA SJA
Sent: Monday, Febmary O6. 2012 1:38 PM
To:
Cc: Morrow Ill, JoDean, CPT USA Overgaard, Angel M. CPT USA

Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Fond, Arthur D.

W01 USA Matthew kemkes: Bouchard, Paul CPT USARMY
Tooman, Joshua CPT USARMY Melissa Santiago
Subject: RE: Arraignment
David,

we are still checking to ensure the 23d is good to go. I expect to have an answer well
before COB- well our

Defense_Unc|ass_Email_1 392

02557533

31131
From: Williams, Patricia sm
Sent: Monday, February 6, 20l2 4:18 PM
To: Matthew kemkes







Fein, Ashden CPT USA SJA
ouchard, Paul CPT USARMY (US)

Morrow JoDean. CPT USA

Overgaard, Angel M. CPT USA JFHQ-








NC Tooman. Joshua PT
USARMY (US) yte, Jeffrey H. CPT USA JFHQ-
SJA

Cc: Boston, Louis J. USA SJA
Santiago, Melissa CW2 USARMY (US)
Arthur D. WOI USA SJA
Jairo A. W01 USA SJA






Ford,
Parra.




Subject: RE: v. PFC BM - telephonic RCM 802 conference/arraignment - 23 Feb I2. 1300,
Meade (UNCLASSIFIED)

Classification; UNCLASSIFIED
Caveats: NONE

Good Afternoon Counsel -

While you are considering dates for motion hearings and trial schedules. respectfully request you please check ith me to ensure I am
available before you send your requests to Judge Lind to docket any dates for this case. Unfortunately. I am the only readily available
CR in the area for the moment and I have other hearings and cases also scheduled to go to trial in the coming weeks. Thank you
kindl}.


Trisha

Thank you and have a wonderful day!



Mrs. Patricia Ann Williams-Butler
Court Reporter am Assisting Paralegal
Military District of Washington

Office of the Staff Judge Advocate

103 Third Avenue. SW

Building 32. Room 312

Fort McNair. DC 203 I9-5058

Tclc:
Fax
Emai




Defense_U nc|ass_Emai|_1 393

0291 7779

31132

From:

To:

Cc:

Subjoct:

Ms. Williams,

Fain, Ashden CPT USA JFI-IQ-NCRIMDW SJA

Monday. February 08. 2012 4:23 PM

Wulliams, Patricia CIV
Matthew kemkes; 'Bouchard, Paul CPT USARMY Mornow Ill, JoDean. CPT USA
Overgaard, Angel M. CPT USA 'Tooman,
Joshua CPT USARMY Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA
Boston. Louis J. MAJ USA ?Santiago. Melissa 8 CW2 USARMY
Ford. Arthur D. W01 USA Parra. Jairo A. W01 USA JFHQ-


RE: v. PFC BM - telephonic RCM 802 conference/arraignment - 23 Feb 12, 1300, Meade
(UNCLASSIFIED)

Thank you. Mr. Coombs and I will likely discuss our proposed plans and then check with you.
If For some reason our proposed plans do not mesh with your schedule, I am sure the Co), you,

Ms. Autry, and Mr. Parra will figure out an efficient and way Forward.

continued support!

CPT Fein

Defense_U nclass_EmaiI_1 394

Thank you for your



02917773

31133

From: Fein, Ashden CPT USA SJA

Sent: Monday, February 06. 2012 4:34 PM

To:

Cc: ?Kemkes, Matthew MIL 'Bouchard, Paul CPT USARMY 'Tooman, Joshua

CPT USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard.
Angel M. CPT USA Whyte. Jeffrey H. CPT USA
SJA

subject: FW: v. PFC BM - telephonic RCM 802 conferencelarraignment - 23 Feb 12, 1300, Meade
(UNCLASSIFIED)

David,

I assume hope we can figure out a proposed way forward before 21 Feb and send a
consolidated request, or at least the portions that we can agree on in order to make this
process more efficient.

v/r
Ashden

Defense_UncIass_EmaiI_1395

02564728
31 134




From:
Sent: Monday, February 6, 20l2 4:38 PM
To: Williams, Patricia CIV SJA
Matthew kemkes ein, Ashden PT USA














Bouchard, Paul CPT
Morrow JoDean. CPT USA

SJA
USARMY (US)
SJA
CPT USA SJA
Joshua] CPT USARMY (US)
USA SJA
Cc: Boston, Louis J. MAJ USA SJA
Santiago, Melissa CW2 USARMY (US)
Arthur D. WOI USA SJA
Jairo A. W01 USA SJA

Whyte, Jeffrey

Ford,
Parra,




Subject: RE: v. PFC BM - telephonic RCM 802 conference/arraignment - 23 Feb 12, 1300,
Meade (UNCLASSIFIED)

Trisha,

Do you have a calendar with your available dates in March, April, and May? We will gladly work within your
availability given the fact that we can't do much without you!

Best,
Dave

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




*"?"Con?dentiaIity 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_1396



31135

From:

Sent: Monday, February 6, 2012 4:4! PM

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









USARMY (US) Tooman, Joshua CPT USARMY

Morrow JoDean. CPT USA JFHQ-

Overgaard, Angel M. CPT USA
SJA Whyte. Jeffrey H. CPT

USA SJA

Subjecttelephonic RCM 802 conference/arraignment - 23 Feb 12,
I300. Meade (UNCLASSIFIED)

Ashden.
I have faith that we can do so.

Best,
David

David E. Coombs, Esq.

Law Of?ce of David E. Coombs

I South Angeli Street, #3 I 7
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_U nclass_Emai|_1 397

02933057

31136

From:
Sent:
To:
Cc:

Subject:

David,

Thanks.

request for him to be in the local area?
be Class A's for the motions hearing and court-martial.

we are starting to coordinate BM's travel to the FD area.

Fein, Ashden CPT USA SJA

Monday. February 06, 2012 6:12 PM



Matthew kemkes; Bouchard, Paul CPT USARMY Tooman, Joshua CPT USARMY
Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaand, Angel M. CPT USA
JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA

RE: FW: v. PFC BM - telephonic RCM 802 conferencelanaignment - 23 Feb 12. 1300,
Meade (UNCLASSIFIED)

Is there a day you
Additionally, we would like to request the uniform
Do you have an issue with this

uniform selection? we would like to ensure BM's uniforms fit properly.

Thanks.

V/r
Ashden

Defense_Unc|ass_Emai|_1398

0256471 3

31137











rom:

Sent: Monday, February 6, 20l2 9: l9 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 11>. Bouchard. Paul CPT
USARMY (US) Tooman. Joshua CPT USARMY
(US) Morrow JoDean, CPT USA JFHQ-
SJA Overgaard, Angel M. CPT USA
SJA Wliyte, Jeffrey H. CPT
USA SJA

Subjecttelephonic RCM 802 conference/arraignment - 23 Feb 12,
I300, Meade (UNCLASSIFIED)

Ashden,

I would like have PFC BM brought in time for me to see him on Wednesday aftemoon at I500 at the Meade

TDS office.

I would also like to meet with him at 0930 at Meade on the23rd.

With regards to the uniform selection. I don't have any issues with whatever works best for counsel. Regardless
of the uniform. I think it is a good idea to make sure that PFC BM's uniform is squared away before trial.

Best,
Davi

David E. Coombs. Esq.

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

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

Fax: (508) 689-9282



urtmartde se




-l 4. 4
.com

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 infonnation may be
unlawful and is prohibited.?"

Defense_Unclass_EmaiI_1399

02933046

31138

From:
sent:
To:
cc:

Subject:

David,

Fein, Ashden CPT USA SJA

Monday, February 06. 2012 9:21 PM



Matthew kemkes; Bouchand, Paul CPT USARMY Tooman, Joshua CPT

USARMY (US): Morrow ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.

CPT USA Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA
RE: FW: v. PFC BM - telephonic RCM 802 conferencelarraignment - 23 Feb 12. 1300,
Meade (UNCLASSIFIED)

we will start coordinating those times and plan on Class A (ASU or Greens), assuming the M3
agrees- normally she wants us to offer the uniform and I will bring it up on the phone

Wednesday. Thanks.

v/r
Ashden

Defense__U ncIass__Emai|_1400



02947984

Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday. February 07, 2012 7:46 AM

To: Matthew kemkes; Bouchard, Paul CPT

USARMY Tooman, Joshua CPT USARMY (US)

cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA

Subject: admin

Gents-

Please read the below link. Although the anonymous movement seems to support your client at
this time, a member might decide to focus their attention on you or your team members.

I highly recommend that you pull any personal and work emails off any civilian server and
keep the copies locally having all your personal emails sitting on GMAIL or YAHOO).

Please let? me know if there is any indication that a breach or a simple oddity occurs.
//gizmodo . 1aw?firm

v/r
Ashden

Defense__Unclass_EmaiI_1401

02557513
Previously in Encl 1

From: Parra, Jairo A. W01 USA SJA

Sent: Tuesday, February 07, 2012 1:30 PM

To: 'Bouchard, Paul CPT USARMY
?Santiago, Melissa CW2 MIL USA

Cc: Fein, shden CPT SA Ford, Arthur D. WO1 USA
Overgaard, Angel M. CPT USA SJA

Subject: Expert Witness Contract (UNCIASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

A11,

The contract for the expert computer services of Mr. Lakes and Mr Struttman (Cyber Agents,
Inc) is approved. I will be sending a copy of the approved contract shortly. For your
information, the convening authority, MG Michael S. Linnington, approved the defense?s
request on 1 February 2012. Contracting Command subsequently issued a contract on 6 February
2012. The contract allows for the expenditure of $28,000.00, in individual billable hours,
at $175.00 per hour. Any excess of funds beyond the approved amount of $28,000.00 must be
requested, in writing by the defense team, and approved, by the convening authority, prior to
payment or any work being performed by the experts. Additionally, reasonable travel
reimbursement and per diem, IAN the JFTR, is authorized.

Note: Their travel is approved for tomorrow. More information on travel arrangements will
be provided shortly. Thank you

v/r,

JP

Jairo A. Parra

W01, JA

Legal Administrator
JFHQ-NCR, PDN



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 27-


Defense_Undass_EmaiI_1402



02557513

Previously S?xpmifled in Encl 1

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_EmaiI_1402



02564932

From:
Sent:
To:

Cc:

Subject:

31142

Tuesday, February 7. 2012 PM

Pana. Jairo A. WOI USA SJA
Bouchard, Paul CPT USARMY (US)
Santiago, Melissa CW2 MIL USA MDW

Fein. Ashden CPT USA SJ A
Ford. Arthur D. WOI USA SJA

Overgaard, Angel M. CPT USA SJA



[Suspected Re: Expert Witness Contract (UNCLASSIFIED)

ls this in addition to what has already been billed or

Sent from my HTC on the Now Network from Sprint!

Defense_UncIass_EmaiI_1403



02557511

3H43
From: Parra, Jairo A. W01 USA SJA
Sent: Tuesday, February 07, 2012 3:00 PM
To: 'Bouchard, Paul CPT USARMY US coomb arm courtmattialdefensecom; 'Santiago,

Melissa cw2 MIL USA

Cc: Collins, Evelyn M. CIV JFHQ-NC res ey, enee CIV

Daniel W. SGT USA Fein, Ashden CPT USA JFHQ-
Chandler, Rodrick D. CW4 USA Overgaard, Angel
M. CPT USA SJA

Subject: Cyber Agent, Inc. Contract (UNCLASSIFIED)

Attachments: W91 QF7-12-P-0031 .doc

Classification: UNCLASSIFIED
Caveats: FOUO

All,

Attached is a copy of the contract awarded for the expert services of Mr.
Lakes and Mr. Strauttman (Cyber Agents, Inc.). For your information, the
convening authority, MG Michael S. Linnington, approved the defense's
request on 1 February 2612. Contracting Command subsequently issued a
contract on 6 February 2612. The contract allows for the expenditure of
$28,666.66, in individual billable hours, at $175.66 per hour. Any excess
of funds beyond the approved amount of $28,666.66 must be requested, in
writing by the defense team, and approved, by the convening authority, prior
to payment or any work being performed by the experts. Additionally,
reasonable travel reimbursement and per diem, IAN the JFTR, is authorized.

v/r,

JP

Jairo A. Parra
N01, JA

Legal Administrator
JFHQ-NCR, IVDN








- 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_UncIass_EmaiI_1404



02557511

31144

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Emai|__1404



31145

From: Bouchard. Paul CPT USARMY (US)







Sent: Tuesday, February 7. 2012 8:55 PM

To: Parra, Jairo A. won
Santiago, Melissa
CW2 USARMY (US)

Cc: Fein, Ashden PT USA SJA

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

t>
Subject: RE: Expert Witness Contract (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
avcats: FOUO

Thank you Chief. etc.


CPT Bouchard

Defense_UncIass_EmaiI_1405

02564709
31146

From: Bouchard, Paul cm usmwv

Sent: Tuesday, February 7. 2012 8:59 PM
To: Pana, Jairo A. W01 USA SJA

Santiago, xssa 2 A
Cc: Collins. Evelyn M. CIV J8




Presley, Renee IV J8
Waybright. Daniel W. SGT USA SJA
Fein, Ashden CPT USA SJA
andler. Rodn'ck D. CW4 USA
Overgaard, Angel M. PT USA JFHQ-






NC
Subject: RE: Cyber Agent, Inc. Contract (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
avcals; FOUO

Thank you. Chief.


PT Bouchatd

Defense__Unc|ass_Emai|_1406



02947979

Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, February 08, 2012 2:29 PM

To:

Cc: 'Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman, Joshua

CPT USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard,
Angel M. CPT USA Whyte, Jeffrey H. CPT USA
Ford, Arthur D. W01 USA Santiago, Melissa CW2 USARMY
(US)

Subject: Admin for Today

David,

During today's call, I would like to discuss these admin subjects with the Do you have
any issues ahead of time- if not I would like to make this easy for her and add in that
defense agrees/doesn't agree?

1. The uniform for all proceedings be class A (ASU or Green).

2. DA G2 supports Mr. Jay Prather (Security, DA G2) to be the court security officer (CSO).
He was the CS0 for the Article 32 IO and has adequate knowledge about the types and substance
of the classified information in this case to efficiently support the M3.

3. The United States plans on allocating the same amount of seats in the gallery as with the
Article 32. Each team will have 1 reserved row, 1 row for USG officials, 1-2 rows for press,
and the remainder for spectators.

4. The United States asks that CCTV be authorized for all open sessions of the court-martial.
The CCTV will be on a 36 second delay to the overflow theater (for spectators) and the media
operations center. Additionally, unlike other trials, there will be a live feed to the
defense and prosecution trailers, where only team members w/ clearances are authorized.

5. In order to ensure adequate security of the accused, court members, and spectators, the
United States intends to issue security badges with different categories/colors of badges
that authorize access to certain portions of the courthouse and outside structures. Any
badge, regardless of color, with stripes, will be pre-cleared for access to "secret"
information. Access to "top secret" or "sci" material, if required, will be handled
separately.

a. Black?MJ, CSO, MJ Paralegal, Panel, Security, Admin Leadership

b. Green?Counsel, Team Members, Leadership of FGGM staff sections (to provide logistics
support)

c. Blue-witnesses

d. Red-Official Visitor (pre-planned individuals, including BM's and our family members, will
be authorized to be unescorted in the courtroom)

e. PAO
f. Media
6. The United States recommends modifying the prohibitions listed in the court rules (Rule

.3), not to allow cell phones, etc. in the courtroom, regardless if it is turned off.
1



Defense_UncIass_EmaiI_1407



is

02947979

Previously Sgbmigted in Encl 1

Because there will likely be closed sessions, this is a security risk and the command would
like to mitigate with this rule and cell phone monitoring equipment through Army
Cybercommand.

7. The United States requests the authority to have no more than two armed MPs in the back of
the courtroom, in addition to standard command representative bailiffs. The purpose is to
protect the accused and the court members.

8. Based on the current security assessment, the United States recommends the M3 travel in
TDY status and not use her own POV. Additionally, the United States is prepared to fund the
TDY, and has ensured the USG-employed defense and prosecution have equal access to this type
of funding.

Defense_Unclass_Emai|_1407

02564707

From:
Sent:
To:
Cc:

Subject:



Previously in Encl 1


Wednesday, February 8, 2012 4:49 PM
Fein. Ashden CPT USA SJA







Morrow 111. JoDean_ CPT USA SJA
Overszaard. Anuel M. PT USA IF HQ-

Whyte. Jeffrey H. CPT USA
Ford, Arthur D. W01 USA
Melissa Santiago







SJA
SJA
SJA




Re: Admin for Today

I have an issue with number 7 on your list.

Best.
David

Sent mm my Verizon Wireless

Defense_Unc|ass_EmaiI_1408



02947976

31150

From:
Sent:
To:
Cc:

Subject:

David,

Thanks.

Defense_Unc|ass_Emai|_1409

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, Febmary 08. 2012 4:57 PM



Matthew kemkes; Paul Bouchard; Josh Tooman; Morrow ill, JoDean, CPT USA JFHQ-
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA: Melissa
San?ago

RE:Adn?nforToday

I will hold off mentioning it today.

31151



From:

Sent: Wednesday, February 8, 2012 4:59 PM
To: Fein, Ashden CPT USA SJA
Subject: Re: Admin for Today

Do we have a dial in
Sent from my Verizon Wireless

Defense_Unclass_Emai|_1410



02947974

31152

From: Fain, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Wednesday. Februaty 08, 2012 5:01 PM

To:
Subject: RE: Admin for Today

-LOCAL:




-DSN:
-um vrsu~cE=j

Note: when you dial, you will be asked to input this PASSCODE:

Defense_Unclass_EmaiI_141 1



0291 2740

31153

Faun:
Sent
To:
Subject:

Fein. Ashden CPT USA SJA

Wednesday. Febmary 0a. 2012 10:49 PM

Matthew kemkes
your emails

Sir--Do you need assistance with your personal emails. I know Dave is not concerned but,

anything is possible as evident by Puckett 8: Faraj.

Belvoirl

Ashden

Defense_U ncIass_EmaiI_141 2

Please let me know. Have Fun at

02564703
31 154

From: Bouchard, Paul CPT USARMY (us)

Sent: Monday, February 13, 2012 5:33 PM

To: Beckett. Donald Jr LTC USARMY

rm
Cc: Fein, Ashden CPT USA SJA

Subject: letter of support, CPT David A. Blumenthal (UNCLASSIFIED)
Attach: template, memo of support, Blumenthal.doc
Classification: UNCLASSIFIED -

Caveats: FOUO

Sir, Ma?am:

The attachment is a template for you if you are thinking of writing a letter of support on behalf of CPT Blumenthal. If you
are of the opinion that he should be retained in the Army, then we the Defense would like to call you as a witness. We
can accept your testimony over the phone should you not be able to make the 6 March court-martial.

You have to understand that CPT Blumenthal is being court-martialed for the unauthorized wear of the rank of Major
(he allegedly did that for 5 days), for the unauthorized wear of the Special Forces Tab, Ranger Tab, 82"? Airborne patch,
combat medic patch, and airborne and air assault insignias. The latter insignias, he allegedly wore for some 2 years or so
as a Reservist. Lastly, he is being court-martialed for falsifying a PT profile and falsifying an APFT card.

I can be reached a to discuss these important matters.

Respectfully,
CPT Paul Bouchard
Defense Counsel

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_EmaiI_1413

31155



From: Bouchard. Paul CPT USARMY (us)

Sent: Monday. Februaljv I3, 2012 5:44 PM
To: Fein. Ashden CPT us?. SJA
Subject: RE: letter of support. PT Dav id A. Blumenthal (UNCLASSIFIED)

Clussi?culionnz UNCLASSIFIED
Caveats; FOU0

Roger. Ashden.

My had; my mistake.


Paul

Defense_Unclass_Email_1414



02564701
31156

From: Bouchard, Paul CPT USARMY (US)

Sent: Tuesday, February 14, 2012 7:48 AM
To: Pana, Jairo A. W01 USA SJ

Feito, Beatriz SGT USA SJ A
Fein, Ashden CPT USA SJA











SJ A

Cc: antiago, Melissa CW2 USARMY




(U 3)
Subject: Eri and Trent's travel (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Chief,

Today will be Eric and Trent's last day of work; they will be ready to travel tomorrow morning. It is my understanding
they're original departure was for Friday. What needs to take place for them to leave tomorrow morning?

Respectfully,

CPT Paul Bouchard

Defense Counsel
Classification: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_Email_1415



02557421
3H57
From: Feito, Beatriz SGT USA JFHQ- SJA
sent: Tuesday, February 14, 2012 8:17 AM
To: ?Bouchard. Paul CPT USARMY Parra. Jairo A. W01 USA JFHQ-NCRIMDW
Fein, Ashden CPT USA Ovetgaard. Angel M. CPT USA JFHQ-

cc:
(US)
subject: RE: Eric and Trent's travel (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

Sir,

I will work on changing their Flight itineraries immediately. As soon as the
changes are made I will Forward the corrected itineraries.

Very Respectfully,

SGT Beatriz Feito

Paralegal NCO

FDN



I

Defense_UncIass_EmaiI_1416

1

02564699

From:
Sent:
To:

Cc:

Subject:

31158

Bouchard. Paul usmwv (us)

Tuesday, February I4. 20l2 8:19 AM

Feito, Beatriz SGT USA JFHQ- SJ
Parra, Jairo A. W01 USA SJ
ein, Ashden CPT USA SJA

Overgaard. Angel M. CPT USA SJA

Santiago. Melissa CW2 USARMY
(US)

RE: Eric and Trent's travel (UNCLASSIFIED)





lassi?cation: UNCLASSIFIED

ax-cats: FOUO

'I11ank_vou. SGT Fcilo.

Much appteciatoti

CPT Bouchard

Defense_U nclass_EmaiI_1417

02557391
31 159

From: Feito. Beatriz SGT USA JFHQ- SJA

Sent: Tuesday. February 14. 2012 9:08 AM

To: Bouchand, Paul CPT USARMY Parra, Jairo A. W01 USA
Fein. Ashden CPT USA SJA: Overgaatd, Angel M. CPT USA JFHQ-
BKDRAMEMAISJA

cc: Santiago. Melissa cw2 USARMY
(US)

Subject: RE: Bio and Ttent's travel (UNCLASSIFIED)

Attachments:

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

Attached are the new travel itineraries, these were the earliest Flights
available.

Very Respectfully,

SGT Beatriz Feito

Paralegal NCO

JFHQ-NCR, mu
Com:

Defense_U nclass_EmaiI_141 8



02564697
31 160

From: Bouchard. Paul CPT USARMY (us)

Sent: Tuesday, February I4. 20|2 9:55 AM

To: Feito, Beatriz SGT USA JFHQ- SJA
Parra, Jairo A. W01 USA SJA
Fein. Ashden CPT USA S1 A

Overiaard. Aniel Santiago. Melissa CW2 USARMY
(US)

Subject: RE: Eric and Trent's travel (UNCLASSIFIED)





Classi?cation: UNCLASSIFIED
Caveats: FOUO

Thank you.


PT Bouchard

Defense__Unc|ass_Emai|_1419

02925068
31 161

From: Fein, Ashden CPT USA SJA
Sent: Tuesday, February 14. 2012 6:13 PM

To:
Subject: NEED to

Impoltance: High

David- please call my office number ASAP- - Thank you.

Defense_Unc|ass_EmaiI_1420



02942727

Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday, February 15. 2012 10:25 AM

To:

Cc: 'Kemkes, Matthew MIL Bouchard, Paul CPT USARMY Tooman. Joshua

CPT USARMY Santiago, Melissa CW2 USARMY Ganiel, Chanes USA CIV
Hall Cassius Mr FMMC (FTMYER): Morrow Ill. JoDean, CPT USA JFHQ-NCRIMDW
SJA: Overgaard. Angel M. CPT USA Whyte, Jeffrey H. CPT USA
Ford, Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: Classi?ed lnfonnation
Importance: High
David,

Pursuant to our phone call last night, I have consulted our experts about this repeated issue
of questioning the classification authority's determination of a certain agency's involvement
in this case. Please understand that defense security experts are appointed to consult with
you and the other defense attorneys on security matters and not to make any determination on
whether something is legally classified or not. Under Federal law, these determinations are
reserved solely for named OCAs and their duly appointed delegates. The decision whether
information is or is not classified is not left to individuals who enjoy security clearances.

The defense was provided two classification reviews (BATES 378148-378175 and BATES 419623-
410634) on 8 November 2811 and 7 December 2911, respectively. Each of these contained a
footnote which clearly states that the information at issue is classified and both
documents were signed by a competent authority (OCA). Furthermore, I explained this exact
issue to you before the Article 32 over the phone and highlighted in-person to Mr. Hall and
Mr. Ganiel that they needed to review the footnotes on these two classification reviews to
understand what is or is not classified according to the OCA.

Classified discovery has proceeded in this case based on the defense team's acknowledgment of
their nondisclosure agreements and the classified information protective orders, and
continued purposeful or grossly negligent disclosures will hinder future classified
discovery. Based on your representations last night and until the military judge issues an
updated protective order, we will not provide the defense any additional classified
information.

Recognizing that accidents can occur, please ensure that you follow both signed agreements
from this point forward and do not intentionally disclose classified material, as this could
be a violation of 18 USC 793 and can result in a review of the defense team's security
clearances.

Thank you.

v/r
Ashden

Defense_Unc|ass_Emai|_1421

02564695
31 163

From:
Sent: Thursday, February 16, 2012 10:06 AM
To: Fein, Ashden CPT USA SJA
Morrow JoDean, CPT USA JA
Cc: Paul Bouchard Matthew kemkes




OS U8 ooman

Sa??ia8?

Subject: Motions

Ashden,

The Defense has mailed the attachments to you by Fed-Ex. You should receive the attachments tomorrow by
With regards to the motions, please call me once you know which word or words need to be removed
from the Defense's motion. I would like to file these motions by noon. Thank 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 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_UncIass_EmaiI_1422





02925906

3H64


From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, February 16, 2012 10:52 AM

To:

Cc: Paul Bouchard; Matthew kemkes; Joshua Tooman; Melissa Santiago; Overgaard, Angel M.

CPT USA JFHQ-NCRIMDW Whyle, Jeffrey H. CPT USA
Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Motions
David,
This email is Unclassified.

Please call for the exact paragraph citations from the two documents, in order to keep the
mode of communication separate.

Although the second document does not list the specification number, it uses portions of the
exact language found in the specification, which would lead any reasonable person to know
exactly what you are referencing.

with the concurrence of the OCA's organization, I recommend that you use the following
language from this point forward on all documentation and in open sessions:

Substitute all references to the individual person, organization, and any taskforce specific
name or acronym with the following:

"The OCA [or declarant] for Specification 3 of Charge
"The OCA [or declarant] for Specification 15 of Charge

Examples (although the United States does not agree with the below defense propositions):

"This determination is different than the damage assessment completed by his
organization and the

"His organization's task force concluded that damage did not occur, although his declaration
said differently."

v/r
Ashden

Defense_UncIass_Email_1423



02564692

31165

rom:
Sent: Thursday, Febmary I6, 2012 I 1:36 AM

To: Fein. Ashden CPT USA

Cc: Paul Bouchard Matthew kemkes
Melissa Samiasop?
ergaar ng .

Whyte. Jeffrey H. CPT USA
Morrow Ill, .loDean. CPT USA JFHQ-
SJA

Subject: RE: Motions






Ashden,

Thank you for the clari?cation. I will make the suggested changes and resend the motions. As an aside, I sent
along with the Attachments a copy of the Defense Motion to Compel Depositions. This was before I knew the
Government had a issue with this motion. Please shred that motion as it contains references that the
Government ?nds objectionable.

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 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. Unauthotized disclosure, copying or use of this infonnation may be

unlawful and is

Defense_Unclass_Em ail_1 424



02564691

31166




From:
Sent: Thursday, February 16, 2012 1:02 PM
To: Fein, Ashden CPT USA
Cc: Paul Bouchar Matthew kemkes
Joshua Tooman
Melissa Santiago?>;
Overgaard, Angel M. CPT USA SJ A
Whyte, Jeffrey H. CPT USA IF

SJA Morrow JoDean, CPT USA JF HQ-

SJA
Subject: RE: Motions
Ashden,

Based upon our discussion, I have removed the description of Mr. Roland's activity. This made more sense

given the fact Mr. Roland is mentioned at several other places in the motion based upon our email traffic. I also
took out any reference to damage assessment with regards to the organization. Instead, I just listed them as a

collateral investigation. I will be sending the motions shortly.

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. Ifyou are not the intended recipient, please

i

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

Defense_Unclass_EmaiI_1425

02925904
31 167

From: Fain. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, February 16. 2012 1:09 PM

To:

Cc: Paui Bouchard: Matthew kemkes; Joshua Tooman; Melissa Santiago; Overgaard. Angel M.

CPT USA JFHQ-NCRIMDW Whyle, Jeffrey H. CPT USA JFHQ-NCRIMDW
Morrow JoDean. CPT USA SJA
subject: RE: Motions
David,

Thank you. That seems to make sense, assuming there is no way to relate the organization's
activities to the type of information which is protected.

v/r
Ashden

Defense_Unc|ass_Email__1426

02938702
31 168

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday. February 16, 2012 1:38 PM

To:

Cc: Morrow Ill, JoDean. CPT USA JFHQ-NCRIMDW SJA
Subject: RE: Defense Motions

David,

Could you please clarify - "ex parte motion" or an "expar-te supplement to the Motion to
compel Discover-y"

Thanks.

v/r-
Ashden

Defense_Unclass_EmaiI_1427

02564689
Previously in Encl 1

From:
Sent: Thursday. February 16, 20l2 l:4l PM
To: Fein, Ashden CPT USA SJA
Cc: Morrow JoDean, CPT USA SJA

Subject: RE: Defense Motions
Ashden,

It is an ex parte supplement to our motion to compel discovery.

Best.
David

David E. Coombs, Esq.

Law Of?ce 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. Unauthorized disclosure, copying or use of this information may be
unlawful and is prohibited.'"

Defense_Unc|ass_Emai|_1428

31170


Friday, February 17, 2012 9:38 AM

Fein, Ashden CPT USA A
Morrow .loDean, CPT USA SJ A




Cc: Matthew kemkes Paul Bouchard



Jos ua Tooman



Subject: PFC BM

Ashden,

I am being told that my client will not be returning to the IRCF after the arraignment, and instead will be
moved to another facility for the duration of the trial. is this true? If so, 1 would appreciate receiving the details
of this fact from the Government in advance so that the Defense can plan accordingly.

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
coombs@annycourtmarti aldefense.com


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 nc|ass_Emai|_1429

02924021
31 171

From: Fein, Ashden CPT USA SJA

sent: Friday, Februaty 17, 2012 11:08 AM

To: Morrow JoDean. CPT USA
SJA

Mame" Haber'and-
John CPT USA Regumenta vocate

subject: Re: PFC BM

David,

I am not aware of that occurring and will let you know if any changes occur.

Vr
Ashden

Defense_Unclass_EmaiI_143O


02564686
31 172

From:
Sent: Tuesday, February 21, 2012 I220 PM

To: Fein. Ashden CPT USA SJA
Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-
SJA







Cc: Matthew kemkes Paul Bouchard

Joshua Tooman
Subject:
Ashden,

Please see the below request for another copy of the CMCO. Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-46l6

Fax: (508) 689-9282



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_1431

02915235
31173

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, February 21, 2012 11:06 PM

To:

Cc: 'Kemkes, Matthew MIL Bouchand, Paul CPT USARMY Tooman, Joshua
CPT USARMY Santiago, Melissa CW2 USARMY Morrow JoDean, CPT
USA Ovengaard, Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyte.
Jeffrey H. CPT USA JFHQ-NCRIMDW Ford, Anhur D. W01 USA JFHQ-NCRIMDW
SJA

Subject: US v. PFC BM (Section

Attachments: 120221-Section Disclosurespdf; 120221-Section Disclosures Encl 1.pdf; 120221-
Section Disclosures Encl 2.pdf

David,

Attached are the prosecution? 5 Section disclosures. Please let me know if you have any

questions.

v/r-

Ashden

Defense_Unc|ass_EmaiI_1432

02941847

31174

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

Fein, Ashden CPT USA SJA

Wednesday, Febmary 22. 2012 7:06 AM



Matthew kemkes; Paul Bouchard; Joshua Tooman; Morrow JoDean, CPT USA JFHQ-
NCFUMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW SJA: Santiago. Melissa CW2 USARMY (US): Ford. Arthur D.
W01 USA SJA

CMCO 8. Con?nement

1 10202-CMCO 1.pdf

Attached is a copy of the CMCO. As for your client's confinement location? the current plan
is to keep him in the local area, unless there is a thirty day break between hearings, and if
so then he will likely be sent back the JRCF.

v/r
Ashden

Defense_Unc|ass__Emai|_1433

02920398

3H75

From: Fein, Ashden CPT USA SJA

sent: Wednesday, February 22. 2012 9:07 AM

To:

Cc: 'Kemkes, Matthew Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: security at Meade

David,

Before the telephonic conference, you voiced an objection to having armed MP5 in the
courtroom. Are you opposed to us asking the if she will authorized plain clothes armed
in the gallery? we did this for another high profile case last year and it seemed to
work out well. This seems like a good balance between proper security and not drawing any
attention to weapons in the courtroom. Also, in case there is any question about their
mission? secure the accused and then the courtroom. They are actually there to ensure
nothing happens to your client and then the members of the court.

Thanks.

v/r
Ashden

Defense_Unc|ass_EmaiI_1434

02557070

From:
Sent:
To:

Cc:

Subject:

31176

Williams, Patricia SJA
Wednesday, February 22, 2012 9:18 AM

Fein, Ashden CPT USA
SJA

Boston, Louis J. MAJ USA SJA
Matthew kemkes
USARMY
SJA
CPT USA SJA
Carolyn (Original Filings) (UNCLASSIFIED)





9










'Bouchard, Paul CPT
Morrow IH, JoDean, CPT USA
Overgaard, Angel M.

Classi?cation: UNCLASSIFIED

Caveats: FOUO

Good Morning Gentlemen -

Respectfully request you please bring all original, signed pleadings filed with The Court with you to the hearing tomomow so I can

mark the original documents and append them to the record I am not going to mark the documents that are attached to your emails.
Many thanks!


Trisha

Thank you and have a wonderful day!



Mrs. Patricia Ann Williams-Butler
Court Reporter and Assisting Paralegal
Military District of Washington

Office of the Staff Judge Advocate

103 Third Avemre, SW

Building 32, Room 312

Fort McNair. DC 20319-5058

Tele:
Fax;
Email:






Classi?cation: UNCLASSIFIED
Caveats: FOLIO

Defense_U ncIass_Email_1435

0291 5548

31177

Subject:

Ms. Williams,

Please see the previous email I just sent.
-Figure out the way forward tomorrow.

v/r
CPT Fein

Defense_Unclass_Email_1436

Fein, Ashden CPT USA SJA

Wednesday. Febmary 22. 2012 9:20 AM

Williams, Patricia CIV
Boston, Louis J. MAJ USA Matthew kemkes; 'Bouchard, Paul CPT
USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard. Angel M.
CPT USA JFHQ-NCRIMDW 'Autry. Carolyn (Original Filings) (UNCLASSIFIED)

I recommend holding off marking, and we will
we will show up with originals ready to go.



02564685
31178

From: Bouchard. Paul CPT USARMY

Sent: Wednesday, February 22, 2012 l:l8 PM

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

Subject: RE: security at Meade (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO


The maintains its objection to any anncd guards in the courtroom.


Paul

Defense_Unclass_EmaiI_1437

02933065

31179

From:
Sent:
To:
Cc:

Subject:

Paul,

Your client will be at your office NLT 1500, as planed (see below).

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Wednesday, February 22. 2012 2:35 PM

Bouchard, Paul CPT USARMY (US)

Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA

FW: FW: v. PFC BM - telephonic RCM 802 conference/arralgnment - 23 Feb 12. 1300.
Meade (UNCLASSIHED)

Since leaving the

confinement facility this afternoon, he has been at the courtroom waiting for the meeting

time.

In the future, we could all probably plan better to ensure that if he is early that

ya'll are ready to receive him and the escorts/guards can take him directly to your office.

v/
Ashden

Defense_Unc|ass_Emai|_1438

02564676
31 180

From: Bouchard, Paul CPT USARMY (US)

Sent: Wednesday, February 22, 2012 3:57 PM

To: Fein. Ashden CPT USA SJA

Cc: Morrow Ill, JoDean. CPT USA IF HQ-
SM

Subjecttelephonic RCM 802 conference/arraignment - 23 Feb 12,

I300. Meade (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

Thanks. Ashden. He's here: he arrived on time.


Paul

Defense_Unclass_Email_1439

02922588

31181
I
From: Fein, Ashden CPT USA SJA
Sent: Friday, February 24. 2012 8:41 AM
To:
cc: 'Kemkes, Matthew MIL Bouchard. Paul CPT USARMY Santiago, Melissa 8

CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard,
Angel M. CPT USA SJA: Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW
Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: Publicity Order Update

David,
Good morning. we have reviewed the publicity order and propose the following updates:
The United States recommends the following proposed updates to the publicity order:

1. Delete the last four of the accused's social security number from the caption.

2. In paragraph 1 and 4, after "Office of the Staff Judge Advocate" add U.S. Army
Military District of Hashington". In the geography, there are multiple 0SJAs.

3. In the last sentence of paragraph 3c, after "military" add "or civilian".
4. Change paragraph number 4 to number 5, and add the following as paragraph 4:

This order is not intended to limit or restrict any official purpose for remaining informed
regarding matters related to this case or involving the publication of alleged classified
information by HikiLeaks. If you are presently assigned to a position that requires your
ongoing access to such information, and you cannot reasonably remove yourself from that
portion of your duties without an adverse impact on you or your mission, then you shall
obtain a memorandum from your military or civilian supervisor documenting your continued
requirement for access and provide that memorandum with your acknowledgment of this order.
Once the memorandum is received by the Office of the Staff Judge Advocate, U.S. Army Military
District of Washington, then you are authorized continued access to this information for the
limited purpose of continuing your military duties.

Please let me know whether you concur/nonconcur and whether you have any proposed updates.

v/r
Ashden

Defense_U nc|ass_Emai|_144O

02922585

31182

From:

To: -
Cc:

Subject:

Importance:

David, et a1 -

Fein, Ashden CPT USA SJA

Friday, Febmary 24, 2012 10:05 AM



'Kemkes, Matthew MIL 'Bouchand, Paul CPT USARMY ?Santiago, Melissa
CW2 USARMY Morrow Ill, JoDean, CPT USA Overgaand,
Angel M. CPT USA JFHQ-NCFUMDW Whyle. Jeffrey H. CPT USA
Ford, Arthur D. W01 USA JFHQ-NCRIMDW SJA

FW: Publicity Order Update

High

will you be able to respond to our recommendations to the publicity order before 1100? we
want to make sure that we have had adequate time to discuss with you, prior to our response
to the military judge before the 1200 deadline.

Also, could someone from the detense please send us a copy of COL Lind's email on 15 Feb 12

at 13:43 and the response emails that were reterenced during the 39(a) by 1196 today.

we are

still working to determine if we ever received these emails.

Thank you.

v/r
Ashden

Defense_UncIass_Emai|_1441



02922590

3H83
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Friday, February 24, 2012 11:50 AM
To:
cc: Habenand, John CPT MIL Morrow ill, JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: FW: Publicity order
David,

I did not receive an email from you but did see a missed call on my BB. I just tried your-
number and there was no answer. Based on John's email below, I will email the that you do
not object to our proposed changes. Thank you.

v/r
Ashden

Defense_Unc|ass_EmaiI_1442



02564671
31 184













From:

Sent: Friday, February 24, 2012 8:55 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes Bouchard, Paul CPT
USARMY (US) Santiago, Melissa CW2 USARMY
(US) Morrow Ill. .loDean, CPT USA JFHQ-

SJA n.com>; Overgaard, Angel M. CPT USA

SJA Whyte. Jeffrey H. CPT
USA SJA USA SJ A

Subject: RE: Publicity Order Update

Ashden,

I did not understand from COL Lind's instructions that we needed to coordinate on the publicity order. I
thought she just wanted us to look at it, and make our recommendations for change if any.

As soon as I pushed send on my email, I received yours. Had I received yours before I pushed send, 1 would
have coordinated with you on this minor issue.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Toll Free: l-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282

3 IN .9. .. .
defensecom





ll .-



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

Defense_Unclass_Emai|__1443



02564670
31185

From: Kemkes, Matthew MAJ MIL USA

Sent: Friday, February 24, 2012 5:24 PM
To: Fein, Ashden cm MIL USA MDW
Subject: Out of Office AutoReply: Pretrial publicity order and acknowledgement.
(UNCLASSIFIED)
Sir/Ma'am,

I am out of the office mm] 20 April 2012. If you need immediate assistance, please contact Ms. Lisa Bynoe at

Respectfully,
MAJ Kemkes

Defense_Unclass_Emai|_1444

02564669
Previously in Encl 1




From:

Sent: Friday, February 24, 2012 5:37 PM

To: Fein, Ashden CPT USA SJA
Morrow Ill, JoDean, CPT USA A
SJA Whyte, Jeffrey I-I. CPT USA





Cc: Matthew kemkes Paul Bouchard

Joshua Tooman
Subject: Protective Order
Ashden,

I wanted to reach out to you to see if we could come to an agreement on the protective order. It seems to me that the reason for our
disconnect is that we can't seem to agree on the basic issue. I understand your position to be that everyone Ins an obligation to protect
classified information, and that it is not the role of the defense (or anyone) to second guess the classification determinations. I agree
with you on this. However, my view is that we need to ?gure out who decides whether something is in violation of the classification

decision In some cases, it is clearly not self-evidem whether something violates the determination or not.

I do not believe that the government should unilaterally decide whether something that the defense or the judge submits is in violation
of a classification decision. Instead, I believe that a neutral third party (such as the Court Security Officer) should be given this
interpretive role. To be clear, the CS0 is not reviewing or second-guessing the classification determination, but simply providing his
expert opinion whether, given the classification determination a submission by either the defense or the government runs afoul of the
OCA prohibitions. This is exactly what Mr. Prather did with regards to the ex parre submission by the defense.

It would be helpful if you could let me know by Monday whether we can at least agree on what the issue is here - i.e. who should
decide whether a given submission reveals classified information in light of existing OCA classi?cation determimtions. If we can't
even agree on the starting point for this discussion, it may not make sense to pursue this issue jointly.

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: (503) 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_UncIass_EmaiI_1445

02564668
31 187

From: Bouchard, Paul usmmv (Us)

Sent: Friday, February 24, 2012 5:45 PM

To: Fein, Ashden CPT USA SJ A
Cowan, Bradley M. CPT USA JA
cholson, Brian P. CPT USA
SJ

Subject: Message from Paul Bouchard (UNCLASSIFIED)




Classification: UNCLASSIFIED
Caveats: F0 U0

Ashden, Brad, Brian -- FYI

PPTO came out with the Promotion Order to Major, broken down by date. can be accessed via
Best,

Paul

Classi?cation: UNCLASSIFIED

Caveats: FOU0

Defense_UncIass_Emai|_1446

02923057
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Friday. February 24. 2012 5:49 PM

To: Morrow JoDean. CPT USA
SJA: Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyie, Jeffrey H. CPT USA
JFHQ-NCRIMDW SJA

cc: Matthew kemkes; Paul Bouchard; Joshua Tooman

Subject: RE: Protective Order

David,

I absolutely think we can reach an agreement! He met with the Department of Justice
Litigation Security Group today to understand how the federal courts administratively process
filings and other related matters in cases dealing with classified information.

I am confident that by the middle to end of next week, we will have a draft of an order that
you will likely be 98% amenable with. our starting point will be your proposed order and we
are going to work from there to find a process that will work with our partner organizations,
the command, and everyone's resources.

However, just to clarify a statement you wrote below-

You wrote: do not believe that the government should unilaterally decide whether something
that the defense or the judge submits is in violation of a classification decision.? what is
confusing is your use of the word "government." If you mean the prosecution, then we agree.
If you mean the United States Government, then we disagree because an OCA, or their delegate,
is the ultimate authority on what is classified when it comes to their classified
information.

Have a good weekend.

v/r
Ashden

Defense_Unc|ass__EmaiI_1447

02564667
31189

From: Bouchard, Paul cm usmwv

Sent: Friday, February 24, 2012 5:52 PM
To: Fein, Ashden CPT USA SJA
Cowan. Bradley M. CPT USA A
Subject: RE: Message !rom Paul Bouchard (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOUO

I'll the pnopcr salute for sum as well.
Congrats.

Have a good weekend.

Paul

Defense__UncIass_Email_1448

02941636

3H90
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Friday, February 24, 2012 5:59 PM
To:
Cc: Matthew kemkes; Bouchand, Paul CPT USARMY Joshua Tooman; Santiago, Melissa

CW2 USARMY Momow JoDean, CPT USA JFHQ-NCRIMDW Overgaard.
Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyie, Jeffrey H. CPT USA JFHQ-NCRIMDW
SJA: Ford, Anhur D. W01 USA JFHQ-NCRIMDW SJA

Subject: Con?nement

David,

It is my understanding from speaking to LTC Hughes and (PT Haberland, that you requested a
tour of the HCCF today including other administrative information about HCCF. Are there any
issues that came from your conversations with them, or your tour and meeting with your client
today? As always, please let us know if there is anything the we and the command can do to
assist?

Additionally, I understand that the command will be Fitting your client for ASUs and that he
will provide the money for them to purchase the uniforms and have them tailored. we will
work to have this completed by the next session.

Thank you and have a great weekend!

v/
Ashden

Defense_Unclass_EmaiI_1449

02564664

Previously in Encl 1
From:
Sent: Friday, February 24, 2012 6:30 PM
To: Fein, Ashden PT USA SJA

Morrow 111, JoDean, CPT USA A

Overgaard, Angel M. CPT USA IF HQ-
SJA Whyte. Jeffrey H. CPT USA
SJA -
Cc: Matthew kemkes Paul Bouchard
Joshua Tooman

Subject: RE: Protective Order




Ashden,

To clarify what I wrote: I did indeed mean "the prosecution? when I said "government". However, I do not
believe that the prosecution should be the one working in conjunction with the OCA to make judgment calls on
whether something is classified. If your proposed order continues to maintain the position that the prosecution
in conjunction with the OCAs (or their delegates) - should be the one to detennine spillage, then I think we
may be at an impasse. Please advise on whether that is your position.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



"?Confrdentiality 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_UncIass_EmalI__1450

31192

From:
Sent: Friday, February 24, 2012 6:34 PM

To: Fein, Ashden CPT USA SJA
Morrow 111. JoDean. CPT USA

Overgaard, Angel M. PT USA
SJA Whyte. Jeffrey N. PT USA
SJA -

Cc: Matthew kemke . Bouchard. Paul CPT

Joshua Tooman

Santiago, Melissa CW2 USARMY (US)

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

Whyte, JefTrey H. CPT USA

Ford. Arthur HQ-NC A

Subject: RE: Con?nement

Ashden,

The meeting today was productive. Mr. Lease along with MAJ Sides explained the movement and handling
piece to me. I also met with Mr. Kavanagh and Mr. Baldwin and took a tour of the facility. If any issues arise,

I will coordinate them through the Govemment.

I appreciate the Government working the issue on PFC BM's ASUs. He understands that he will need to pay for
the ASUs. Let me know ifit looks like it will be a problem getting him the new uniforms for our next session.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, 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_Unclass_Email_1451

02923053
Previously Subngigted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Sunday. February 26, 2012 7:18 PM

To: Morrow Ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA
SJA

cc: Matthew kemkes; Paul Bouchard; Joshua Tooman

Subject: RE: Protective Order

David,

I know you asked for an answer by tomorrow, but that will be impossible because we will need
a few days to speak with the OCA or their representatives. we ask that you give us until the
middle to the end of next week to come up with a proposal, so that we may work together to
-Find a reasonable way forward.

As I stated in my previous email- I absolutely think we can reach an agreement that you will
likely be 98% amenable with. our starting point will be your proposed order and we are going
to work from there to find a process that will work with our partner organizations, the
command, and everyone's resources.

v/r
Ashden

Defense__Unclass_Emai|_1452

02564658
Previously in Encl 1




From:

Sent: Sunday, February 26, 2012 7:26 PM

To: Fein, Ashden CPT USA SJA
Morrow JoDean, CPT USA IF JA





,Over aard, An el M. USA JFHQ-
Whyte, Jeffrey H. CPT USA
SM 2

Paul Bouchani




Cc: Matthew kemkes

Joshua Tooman l>
Subject: RE: Protective Order
Ashden,

I am really just looking for a "yes" or "no" answer to the following question: Is it your position that the CS0
(and not trial counsel) will work with the OCA to determine if a ?ling contains classi?ed information? I need

an answer to this so that I can prepare accordingly. Thanks.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-S88-4l56

Local: (508) 689-46l6

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

Defense_U nclass_Emai|_1453



02923047
Previously Sgt?r?igted in Encl 1
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Sent: Sunday. February 26. 2012 7:28 PM
To: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCFUMDW Whyte, Jeffrey H. CPT USA
JFHQ-NCRIMDW SJA
Cc: Matthew kemkes; Paul Bouchard; Joshua Tooman
Subject: RE: Protective Order
David,

Thank you. I intend to get you the answer by the middle to end of the week, once I speak
with the OCAs or their representatives about the issue.

v/r
Ashden

Defense_Unc|ass_Email_1454

02564652

Previously Sutiarr?igted in Encl 1







From:
Sent: Sunday, February 26, 2012 7:42 PM
To: Fein. Ashden CPT USA SJ A
Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-
W, H. CPT USA
-
Cc: Matthew kemkes Paul Bouchard
Joshua Tooman
Subject: RE: Protective Order
Ashden,

I'm not sure why you can't answer that question now - either you envision a role for the S0 or you do not. If
you can't even give me the government's basic position on this critical issue who reviews and determines
whether a document contains classi?ed information). it doesn't really seem that you are amenable to working

together on this.

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 confidential attomey-client
information and is intended for the pefson(s) or 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_1455

02923039
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, February 26, 2012 8:54 PM

To: Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
SJA: Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA
JFHQ-NCRIMDW SJA

cc:_ Matthew kemkes; Paul Bouchard: Joshua Tooman

Subject: RE: Protective Order

David,

I disagree- I know the prosecution and defense can work out a solution, but the prosecution
must consider all equities involved. As you know, the prosecution represents the United
States government and its collective interests. Just because we, as prosecutors, might think
a proposed course of action is the best way forward, that does not necessarily equate to the
most efficient and approved way forward, especially if a course of action requires
cooperation and concurrence with organizations outside the direct command and control of the
convening authority.

It is very conceivable to envision a role for the CS0 to essentially be a classified
information clerk for the Court; however before the prosecution, on behalf of the United
States government, comits to any course of action, we MUST figure out the process, who would
be involved, and consider all courses of action (as directed by the military judge).

As per the military judge's instructions, the prosecution is exploring all the different
methods to allow for efficient and safe submissions of documents to the court and how to best
have that information managed. we should have a proposed way forward by the middle to end of
this week, which we intend to share with you for comment, in an effort to work together for a
final product.

v/r
Ashden

Defense_UncIass_Email_1456

02564644
Previously in Encl 1

From:
Sent: Sunday, February 26, 2012 9:50 PM
To: Fein, Ashden CPT USA SJA

Morrow JoDean, CPT USA

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









Cc: Matthew kemkes Paul Bouchard

Joshua Tooman
Subject: RE: Protective Order
Ashden,

I think that the Govemment is unnecessarily making the process more dif?cult than it needs to be. This is
something that COL Lind cautioned against doing. Because you continue to refuse to provide any answer to
basic questions, I will proceed with a separate course of action.

Best,
David

David E. Coombs, Esq.

Law Office of David E. oombs

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 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_Unc|ass_Emai|_1457

02923030
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday. February 26, 2012 10:32 PM

To: Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA
JFHQ-NCRIMDW SJA

Cc: Matthew kemkes; Paul Bouchard; Joshua Tooman

Subject: RE: Protective Order

David,

It is unfortunate that within one duty day of our hearing, you have made the decision not to
work together on this issue. Although your question seems simple to you and the defense, the
prosecution is not in the position to commit to a course of action without first consulting
with the entities that would be required to actually conduct the work that you propose or
that COL Lind suggested, such as an OCA representative consulting with the CS0 or a CSO
equivalent, communicating over a secure network, etc.

All the prosecution has asked for, from the defense, is a few days to consult with the equity
holders to determine the most efficient means to protect the information and whether the
different proposals are feasible. As always, you are free to proceed with a separate course
of action; however the prosecution will diligently work this week to develop a proposed plan
and we will submit this plan to you, prior to submitting to the military judge (as she
directed), for comment to determine if there is a common plan or at least some processes
that both the defense and prosecution agrees with.

v/r
Ashden

Defense_Unc|ass__Emai|_1458



02564634
Previously in Encl 1

From:
Sent: Monday. February 27, 2012 I2: I 5 AM

To: Fein, Ashden CPT USA

Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA .IFHQ-

SJA Whyte, Jeffrey H. CPT USA
SJA -

Cc: Matthew kemkes Paul Bouchard

Joshua Tom?




Subject: RE: Protective Order

Ashden,
Two points of clari?cation:

I. As you well know, I have not asked you to ?commit to a course of action" - have asked in as many
ways as I possibly can whether we even agree on the basic issue.

2. Completing a protective order and then giving it to me for comment does not constitute ?working
together" on the protective order.

David

David E. Coombs, Esq.

Law Office of David E. oombs

I I 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 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 infonnation may be

unlawful and is

Defense__Unclass_Emai|_1459

02556859
31201

From: Parra, Jairo A. WO1 USA SJA

Sent: Monday, Februaly 27, 2012 10:45 AM

To: 'Bouchard, Paul CPT USARMY
Cc: Fein, Ashden SJA

Subject: Cyber Agents Contract Payment. (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Sir,

I was informed that Cyber Agents submitted an invoice for the work they
performed in the month of February in NAWF. Please have your experts
provide me with an invoice that shows all their billable hours. Thank you!
v/r,

JP

Jairo A. Parra

N01, JA

Legal Administrator
JFHQ-NCR, PDN








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

Classification: UNCLASSIFIED
Caveats: FOUO

Defense__UncIass_EmaiI_1460

02564628
31202











From:

Sent: Monday, February 27, 20l2 10:59 AM

To: Fein. Ashden CPT USA SJA

Cc: Matthew kemkes Bouchard, Paul CPT

Santiago, Melissa CW2 USARMY
Morrow Ill. loDean, CPT USA JFHQ-

Overgaard, Angel M. PT USA
Whyte, Jeffrey H. CPT
Ford. Arthur D. WOI









SJA
USA SJA
USA SJA
MSG MIL USA OTJAG
Williams, Patricia CIV SJA

Subject: RE: Bill of Particulars

Ashden.
Per the Court's order, you only need to acknowledge emails from the Court (not the parties).

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

II South Angel! Street, #3 I7
Providence, RI 02906

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

Local: (508) 68946 I 6

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_U nclass_EmaiI_1461

02944171

31203

From 2

To:
Cc:

Subject:

Thank you.

Fein, Ashden CPT USA SJA

Monday, February 27. 2012 11:00 AM



Matthew kemkes; Bouchard, Paui CPT USARMY Santiago, Melissa 3 CW2

USARMY Morrow Iii, JoDean, CPT USA JFHQ-NCRIMDW Overgaarcl, Angel M.
CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW Ford.

Arthur D. W01 USA SJA: Jefferson. Dashawn MSG MIL USA
Vwliiams, Patlicia CIV SJA
RE: Bill of Particulars

However, if we do not acknowledge each other's email with the Court then we will

not know what you sent the Court or we sent the Court.

Defense_Unclass_Emai|_1462

02564626
31204

From: Bouchard. Paul cm usmwv

Sent: Monday, February 27, 2012 1 1:28 AM

To: Parra, Jairo A. W01 USA


Cc: Fein, Ashden CPT USA SJA *2
?mm Melissa USARMY (us)

Subject: RE: Cyber Agents Contract Payment. (UNCLASSIFIED)



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Eric. Ttemz

Please read below and conply.

The Govemmen needs invoice for billable bouts for the month of Febmary.


Bouchard

Defense_Unclass_Emai|_1463

02556851
3905

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

sent: Monday. February 27. 2012 1:42 PM

To:

Cc: Paul Bouchard; Fein, Ashden CPT USA JFHQ-NCRIMDW


subloct: RE: Cyber Agents Invoice (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Trent,

This invoice is incorrect. The contract does not pay per day at $1,400.60;
the contract pays billable hours per hour. Please submit corrected invoice.
Thank you!



JP

Jairo A. Parra

N01, JA

Legal Administrator
JFHQ-NCR, PDN








- 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_Unclass_Emai|__1464

02556851
3006

Thanks,
Trent

Cyber Agents, Inc.
616 Pasadena Dr
Lexington, KY



Classification: UNCLASSIFIED
Caveats: FOUO

Defense_U ncIass_Email_1464

02933396
31207

From: Trent Struttmann
sent: Monday. February .

To: Parm, Jairo A. CW2 USA SJA
Cc: Paul Bouchard

subject: RE: Cyber Agents Invoice (UNCLASSIFIED)
Attachments: Cyber Agents Invoice US Manning 3rd BiIIing.xls

Let me know if there are any more issues. I have corrected the invoice to reflect hours
instead of days.

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




Defense_UncIass_EmaiI_1465

02933469
31208

From: Trent Struttmann
Sent: Monday. February . 1 1: 1

To: Parra. Jairo A. CW2 USA SJA
Cc: ?Paul Boucharrf

subject: RE: Cyber Agents Invoice (UNCLASSIFIED)
Attachments: Cyber Agents Invoice US Manning 3nd BiIIing.xls

Let me know if there are any more issues. I have corrected the invoice to reflect hours
instead of days.

Cyber Agents, Inc.

616 Pasadena Dr

Lexington, KY

Office:

Mobile:


Defense_Unclass_Email_1466

02945951
3009

From: Fain, Ashden CPT USA SJA
Sent: Monday, Febmaty 27, 2012 3:28 PM
To:

Cc: Paul Bouchard: Joshua Tooman; Melissa Santiago; Morrow
Ill, JoDean. CPT USA Ovetgaand. Angel M. CPT USA JFHQ-
SJA: Whyle. Jeffrey H. CPT USA SJA: Ford. Arthur D. W01
USA SJA

Sub?unz ASUS

David,

Please see below. BLUF: The command priced out the uniform purchase, minimum alterations,
and sewing, etc.. Could you please assist with coordinating with your client so the command
can execute.

The conIand?s Soldiers just returned from Clothing and Sales with a price quote?. The total
we have come to is $351. The entire uniform (pants, jacket and shirt), service stripes, pins,
rank, sewing and some alterations would come to $289 (the hemming of the pants and sleeves on
the jacket are included in the price of the uniform,) there is a possibility that there may
be more alterations needed to get the uniform to mimic the Class A. The other 562 is what was
spent on his Class A uniform to prepare it (sewing, new rank, ribbons, etc). If you have any
questions just give me a call. Let us know when you want us to move forward on this. Thank
you!

Thank you.

v/r
Ashden

Defense_UncIass_EmaiI_1467

02564624














31210
From:
Sent: Monday, February 27, 20l2 3:39 PM
To: Fein. Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard
Joshua Tooman
Melissa Santiago il>; Morrow JoDeanJeffrey H. CPT USA SJA Ford.
Arthur D. WOI USA SJA
Subject: RE: ASUs

Ashden,

Please move forward on this issue. As stated during the 802. the client will pay for the unifonn. The payment
can either be taken from his pay or his inmate account. Let me know if there is a problem with either option, or
if any additional coordination needs to take place with the Defense's assistance.

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
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|_1468

02945940
31211

From: Fain, Ashden CPT USA SJA

sent: Monday, February 27. 2012 4:45 PM

To:

Cc: Matthew kemkes; Paui Bouchard; Joshua Tooman; Melissa Santiago; Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford, Arthur D. W01 USA JFHQ-

SJA
Subject: RE: ASUs
Attachments: 1202XX-Govemmenl Proposed Case Calendar (DRAFT for

David,

we will look to see if there is a way for the command to deduct money from his inmate account
at the HCCF, but we are not aware of any method to deduct the money from his pay for personal
items which are not Army issued. Please provide us the authority because we could not find
any such authority. As we discussed during the 892, we will more than likely need the
defense's assistance with obtaining the money directly from your client through either a
check, cash, or money order. If we can't deduct the money from his inmate account, then the
command will go and take receipt of the money this week so they can get the uniform purchased
and altered.

Attached is the government's proposed court calendar. other than not incorporating in the
defense's two different calendars, it appears to be very close to yours in substance. we
moved Speedy Trial and Article 13 closer to the trial, as per your request. He added the 2
week reply and 1 week buffer for the hearing, except in two cases. our big difference seems
to be that we predict the trial farther to the right than you, based on the evidentiary
issues. Additionally, we incorporated in other government anticipated motions, that you had
probably not considered in your original proposal. we think this calendar proposal balances
the government's and defense's intent to move this case forward as swiftly as possible, with
trying to provide the court with a realistic projection of dates.

Please let us know what you think. If you can send your two proposals by tomorrow, then we
can setup a time late tomorrow afternoon to discuss and see what we agree/disagree on, before
the Wednesday's deadline.

Thank you.

v/r
Ashden

Defense_Unc|ass_Email_1469

02564620
Previously in Encl 1

From: David Coombs
Sent: Monday, February 27, 2012 8:53 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes ?Paul Bouchard'
















?Joshua Tooman'



?Me rssa Santiago?

CPT USA JF HQ-N
Jeffrey H. CPT USA JFHQ-NC
Arthur D. W01 USA SJA

Subject: RE: ASUs

Whyte,
Ford,

Ashden,

It seems that you are proposing ?ve months of motions (Feb. 23-July 23). While I understand that the case is
?complex? and involves ?a mass of classi?ed information,? preliminary motions should not take almost half a
year. I think you need to consolidate some of the motions to move the process along more expeditiously. Also,
it appears that some of the timelines just don?t work; they allow the defense 1-2 days to prepare its submissions,
while often allowing the government 2-3 weeks to prepare its submissions. The equities don?t seem to be
balanced.

I also have the following speci?c concerns:

0 It doesn?t make sense to have the instructions and motions to dismiss due one duty day after the hearing
where the Government will apparently provide the bill of particulars and respond to the requested discovery. If,
for instance, you oppose discovery and the judge ultimately orders you to produce it, we won?t get that until
several weeks in. So, how could we ?nalize these dispositive motions without ?ill discovery? Same with the
bill of particulars if you provide us with every particular we are seeking (a proposition that you know I am
dubious about), that leaves a tumaround of one day to ?nalize instructions/lesser included instructions. That
timeline just doesn?t work.

- You have continuing ?motions to compel discovery? if our motion is granted, that?s the end of it. I?m not
sure why there are so many motions to compel additional discovery. -

- For the Speedy Trial motion, you indicate in a footnote that I said that the motion would be and
reference novel legal issues. While I do anticipate that the motion may be I did not say that it would
raise ?novel legal issues.? As you know, the speedy trial motion doesn?t involve particularly complicated law,
it will be decided on the facts.

- You are missing some things from your motions list that I think should be included - your ?due diligence?
statement re: Brady materials; and the potential request for amended Article disclosures motion (both of
which should be argued at the upcoming Article

Much of what you list under Phase 4 and 5 can be shortened signi?cantly (you have over two months for
evidentiaiy motions). The defense doesn?t anticipate submitting very much during your proposed phases. I
recommend that the two phases be combined and, if necessary, lengthen the Article 39(a) by a day or two.

- Your witness list exchange date doesn?t seem to work. You suggest a Government response to the defense?s
witness list on April 13, but then you would like the defense to turn around and ?le a motion to compel
witnesses two duty days later. While you know I want to move the process along, you seem to propose 2-3
week timelines for you to respond and 1-2 day timelines for me to respond.

- We can?t just ignore the issue of the possible OCA depositions. If the Court orders this, the timelines will
shi?.

Best,
David

Defense_Unclass_Emai|_1470





02564620
Previously in Encl 1

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_U nc|ass_Emai|_14T0

is

02945933
Previously Sutmi?ted in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, February 28, 2012 7:40 AM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; MOITOW Ill. JoDean.
CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford. Arthur D. W01 USA JFHQ-


Subject: RE: ASUs

David,

Thank you. You provided some good points which we will work into our proposal. I intend to
send you another this afternoon and then hopefully we can discuss late afternoon early
evening when you finish your proposals and send them over.

v/r
Ashden

Defense_Unc|ass_Emai|_1471

02564925

rom:
Sent:
To:

Subject:
Attach:






31215

Eric Lakes

Tuesday, December 20, 2011 9:17 AM

Parra, Jairo A. W01 USA SJA

Matthew kemkes
coom armycourtmartialdefensecom; Feito,

- SJA Fein,
Ashden CPT USA SJA
Re: 11 Dec travel arrangements (UNCLAS

O85921.zip





please excuse the duplicate page scanned.

hotel receipts to follow

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 ine

Defense_UncIass_Email_1472

02564618
31216












From:

Sent: Friday, Febmary 24, 2012 8:55 AM

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

USARMY (US) Santiago, Melissa 5 CW2 USARMY
Morrow Ill. JoDean. CPT USA JFHQ-
Overgaard, Angel M. CPT USA

SJA Whyte, Jeffrey H. CPT
USA SJA Ford. Arthur D. W01
USA SJA

Subject: RE: Publicity Order Update

Ashden,

I did not understand from COL Lind's instructions that we needed to coordinate on the publicity order. I
thought shejust wanted us to look at it. and make our recommendations for change if any.

As soon as I pushed send on my email, I received yours. Had I received yours before I pushed send, I would
have coordinated with you on this minor issue.

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) 6894616
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_1473

02564614

Previously in Encl 1



















From: David Coombs

Sent: Tuesday, February 28, 2012 2:18 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes ?Paul Bouchard'
?Melissa Santiago? - Morrow IH, JoDean, CPT USA
Overgaard, Angel M.
CPT USA SJ A ?n.eom>; Whyte,
Jeffrey H. CPT USA Ford,
Arthur D. W01 USA SJA

Subject: Defense Time line

Attach: Draft Timeline.pdf

Ashden.

Attached is the Defense's draft tirneline. I believe that for the most part we line up on the general grouping. As mentioned before, you
have a lot more time built into your Phase 3 and Phase 4 motions. 1 have combined those phases.

Also, given the unanticipated three week extension on the initial motions, the Defense will be submitting only one time lime instead
of two. If the Court orders the depositions, the Defense will request that the depositions occur before the end of March in order to
avoid any unnecessary delay.

Lastly, I was wondering if the Government had contact infomiation for the civilian You had told me on 1 February 2012, that
you would be pmviding this information to me. 1 would like to be able to speak, in general with each of the OCAs prior to the
deposition (if ordered) and if a deposition is not ordered, to explore calling each as a Defense witness.

Let me know if you have any questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

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

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



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

Defense_UncIass__Email__1474

02564613
31218











From: David Coombs

Sent: Tuesday, Febniary 28, 2012 2:52 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes ?Paul Bouchard?



?Joshua Tooman'









'Me1issa Santiago? Morrow JoDean, CPT USA
SJA Overgaard, Angel M.
CPT USA SJ A Whyte

Jeffrey H. CPT USA SJA
Arthur D. W01 USA SJA

Subject: Mailing Address

Ashden,

I am being asked for a good mailing address for BM by his family and other supporters. Is the mailing address for BM's current
location considered sensitive? Before I give them the address, I want to make sure the Government has no issues.

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 attorney-client information and is

intended for the person(s) or company named. If you are not the intended recipient, please notify the sender and delete all copies.

Unauthorized disclosure. copying or use of this infomiation may be unlawful and is prohibited.""'

Defense_Unclass_Email_1475

02927211
312m

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Tuesday. February 28, 2012 3:18 PM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman?; ?Melissa Santiago?; Mormw Ill, JoDean,
CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW Fond, Arthur D. W01 USA JFHQ-


Subject: RE: Mailing Address

David,

I will get an answer within the next day.

v/r-
Ashden

Defense_Unc|ass_Emai|_1476

02564607
31220




rorn: David Coombs

Sent: Tuesday, February 28, 2012 5:14 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kernkes 'Paul Bouchard'











?Joshua Tooman'



Morrow ru, JoDean, CPT Usix

?Melissa Santiago?
Overgaard, Angel M.

A
CPT USA IF SJA
Jeffrey H. CPT USA SJA
Arthur D. WOI USA SJA 4

Subject: RE: ASUs

Ford,

Ashden.

Do you want to discuss the Case Managemerl Order?? I think that we are close on our groupings. but just have a different time line.

At this point. the time line ditTererrce may be a bridge too far. Your thoughts??

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angel] Street. #3 I 7
Providence. RI 02906

Toll Free: I-800-588-H56

Local: (508) 689-t6l6

Fax: (508) 689-9282



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

Defense_Unclass_Emai|_1477

02945924
31221

From: Fein, Ashden CPT USA SJA

Sent: Tuesday, February 28. 2012 6:02 PM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman?; ?Melissa Santiago?; Morrow JoDean,
CPT USA JFHQ-NCRIMDW Overgaard, Ange! M. CPT USA JFHQ-NCRIMDW
whyte. Jeffrey H. CPT USA Ford. Arthur D. W01 USA JFHQ-
NCRIMDW SJA

Subject: RE: ASUs

David,

we are working on it right now.
we will send to you tonight.

tomorrow morning?

Because its 1896, are you amendable to one more round
we realized that we have not provided the

court or you the reason why these motions hearings need to spaced out.

Thank you.

v/r
Ashden

Defense_Unclass_EmaiI_1478

02564600
Previously in Encl 1













From: David Coombs

Sent: Tuesday, February 28. 20l2 6:08 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes ?Paul Bouchard?

Morrow JoDean, CPT USA

SJA Overgaard, Angel M.
CPT USA SJA .
Jeffrey H. CPT USA SJA - Ford.
Arthur D. WOI USA SJA

Subject: RE: ASUS

Ashden

What is the reason that you need the spacing between motiom?

I understand that we will not be agreeing on a time line. The main reason I was inquiring about whether you wanted to talk was to see
if we needed to discuss the grouping any more.

Best.
David

David E. Coombs Esq.

Law Office of David E. Coombs

1 I South Angeli Street. #317
Providence. RI 02906

Toll Free:

Local: (508) 689-4616

Fax; (508)689-9282



??Confidentiality Notice: This transmission. including attachments. may comain con?dential information and is
imended for the person(s) or company named. If you are not the intended recipient. please notify the sender and delete all copies.
Umutlionzed disclosure. copying or use of this information may be unlawful and is prohibited!?

Defense_Unc|ass__Emai|_1479

02925542
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Wednesday, February 29, 2012 9:10 AM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman?; 'Me|issa Santiago?; Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA Ford, Arthur D. W01 USA JFHQ-

NCRIMDW SJA
Subject: Multiple Items
Attachments: 1202XX-Government Proposed Case Calendar (DRAFT for DEFENSE 2).pdf
David,
Scheduling:

1. we made most of the changes you recommended based on time phasing.

2. The reason we have Motions to Compel a second time, is that we are planning for a second
round from the defense, understanding that you have not intimated such, but it seems likely
considering the amount of information in this case and based on potential rulings of the
military judge, if favorable to the defense.

3. we are confused by your addition of the "Defense Request for Amended Section
Disclosure" for the next motions hearing. The Court already ruled on this issue, and
instructed the defense to seek clarification if something is confusing- is there something
that you and the other counsel do not understand on our disclosure? Please let us know so we
may assist.

4. During our second 862 conference, after the defense offered to waive continued and future
searching of Government records for Brady/Giglio information, the Court instructed the
parties to essentially determine whether there can be a waiver of the accused's right for the
prosecution to discover brady/giglio material. The Court did not state that this would be
the subject of a motions hearing the next time we go on the record, as memorialized in the
military judge listing the motions we are arguing in her post-arraignment 862 conference
summary email. we have been and plan on working with multiple entities, including GAD and
our State Bars, to determine if this can occur. As we stated during the conference, the
United States does not oppose this limitation; HOWEVER we are not clear whether this waiver
can occur both from a legal and ethical standpoint, and we do not know the effect it would
have for IAC purposes on appeal. As we continue to research this issue, we welcome the
defense's assistance to provide us their authorities on the legal, ethical, and prevention of
IAC issues. Please take into account that this proposed waiver/limitation will likely
include the prosecution not discovering some mitigating evidence for sentencing purposes, if
any, even though the prosecution will intend to put on an aggravation case.

5. we do not agree that phases 4 and 5 should be combined. In a "normal" case that involves
a spattering of classified information from one or two 0CAs, we would agree. However because
this case involves more than ten 0CAs that are inside and outside we do not think it is
realistic to combine unclassified and classified evidentiary motions. Additionally, the
United States intends to offer for admission more than 20 items of digital media and more
than seventy-five different pieces of documentary evidence. It is more realistic to space
these two phases out and allow for adequate time for the Court to consider pre?authentication
and pre-admission of the evidence and then pre-qualification of the many experts. For

1

Defense_Unclass_Emai|_1480

02925542
Previously in Encl 1

planning purposes, we are assuming the defense will not stipulate to admission of the
evidence or qualifications of the experts- if we are incorrect in that assumption then please
let us know and we will adjust our calendar and the way forward.

6. we agree that the timelines will adjust if the Court orders depositions, but we have
chosen to give a proposal based on the information today and not contingencies based on Court
rulings. He also predict that this schedule will shift more to the right based on additional
defense motions, as in most cases? but as you know, that is not in our control.

OCA Contact Information:

Since 1 February 2612, the prosecution has been working with the different organizations to
determine the best way for the defense to contact the individuals. For Mr. Betz, please
contact LTC Lisa Gumbs, OSJA, CYBERCOH at llgubs@nsa.gov. She is the POC at CYBERCOM. As
for the OCA for Specifications 3 and 15 of Charge II and Ambassador Kennedy, we are still
working with those organizations to determine if there is an exception to the normal process
that can occur, rather than you submitting a Touhy request. while we continue to work on the
possibility of an exception under each organization's housekeeping rules, would you like us
to concurrently assist you in obtaining their Touhy information?

ASUs:

command needs your client's to give them money and there is no way to bill him or
the HCCF. However, it appears the command has one of PFC BM's check in their possession
which CPT Bouchard or a member of the defense could use to obtain the money.

From the command: we won't be able to take the money from HCCF. PFC BM was sent with three
checks from the JRCF, we deposited two at HCCF. still have the third. we could have him
coordinate with either his lawyer or his family to have the check cashed, give us the amount
needed to purchase his uniforms and then he can instruct his family/lawyer on what to do with
the remaining amount. Otherwise the only other idea would be to draft a memo for PFC BM to
sign stating that he wants to purchase the uniforms and to have his lawyer release the funds
to us.

Address of HCCF:

we are still working with PMO to determine if the HCCF location/address should be given out.
we think this information is to protect PFC BM and the facility. If that is the
answer, then we will come up with a proposal to ensure he can still receive the mail.
Protective Order:

we are still working with Do] and DA experts on the procedures for the protective order and
coordinating with many of the OCAs. Hopefully by C08 tomorrow, I will have an answer to your

question as to whether envision a process that has the CS0 going directly with the OCAs.

V/r
Ashden

Defense_Unc|ass_Emai|_1480

02564596

Previously in End 1

From: David Coombs
Sent: Wednesday, February 29, 2012 10:25 AM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes ?Paul Bouchard'
















os ua Tooman?



issa antiago
IF
CPT USA JFHQ-NC
Je??rey H. CPT USA JFHQ-NC Ford,
Arthur D. W01 USA SJA

Subject: RE: Multiple Items

Ashden,
1. I see that you have made some changes in your time line.

2. I believe you should exercise the same logic that you do in your point I do not believe we should be
building in delays based upon a Motion to Compel that has not been ?led and may not be ?led. If the
Government provides the requested discovery either to the Defense or to the Court for a in camera review under
M.R.E. 505(i), the Defense does not anticipate further discovery requests.

3. Disregard. Ireconsidered theissue.

4. I think you may be misconstruing your obligations under Brady. You do not need to look any further that
R.C.M. 905(b)(4) and the Williams case to see that your obligation to search is much more limited than you
represented in the 802 session. US. v. Williams, 50 M.J. 436 (C.A.A.F. 1999) The scope of the due-
diligence requirement with respect to governmental ?les beyond the prosecutor?s own ?les generally is limited
to: (1) the ?les of law enforcement authorities that have participated in the investigation of the subject matter of
the charged offenses, see, United States v. Bryan, 868 F.2d 1032 (9th Cir.), cert. denied, 493 U.S. 858, 110
167, 107 L.Ed.2d 124 (1989); (2) investigative ?les in a related case maintained by an entity ?closely
aligned with the? prosecution, see, United States v. Hankins, 872 .Supp. 170, 172 (D.N.J.), affd, 61 F.3d
897 (3d Cir.), cert. denied, 516 U.S. 968, 116 427, 133 L.Ed.2d 343 (1995); and (3) other ?les, as
designated in a defense discovery request, that involved a specified type of information within a speci?ed
entity, see, United States v. Veksler, 62 F.3d 544, 550 (3d Cir. You seem to believe that your
Brady obligations require you to search every ?ling cabinet of the U.S. Government. That simply is not (and
cannot be) the case. Otherwise, Brady obligations would be carried to the point of absurdity. The Defense (and
the Court) cannot be in a position to evaluate whether you have taken diligent steps to ensure that your Brady
obligations have been satis?ed unless you provide those steps to us. So, I believe you should be prepared to
detail: a) what the Government has done over the last year and a half to obtain Brady material and; b) the steps
that you are planning to take to ensure you are complying with your obligations. Only that way can we evaluate
whether your steps are/have been sufficient, and whether your proposed steps are necessary. A point of
clari?cation on the waiver issue: The Defense will not be waiving the right to Braay material. We simply
believe that searching, for instance, the US. Department of Agriculture ?les, will not yield Brady material. As
such, the Defense will waive what it believes are unnecessary searches which are not at all likely to yield Brady
material (and thus believes are not part of the Govemment?s due diligence obligations). I hope this clari?es the
issue for you. If need be, we can address it with the judge.

5. We will have to agree to disagree on this point. With regards to your experts and evidence, this can easily be
taken care of pursuant to the Defense timeline shortly before trial.

6. I don?t believe the time line needs to adjust if the depositions are ordered. Instead, I would recommend that
the Government starts planning on the possibility that the depositions will be ordered so that we can complete

Defense_Unclass_Email_1481

02564596

mitted in Encl 1

Previously Sub
31226

them in the short term. The Defense will recommend that the depositions take place at the end of March.

OCA contact: I will reach out to LTC Gumbs. With regards to the other OCAs, I am not really sure why you
referenced See Alexander -2. Federal Bureau of Invesngatian, I86 F.R.D. 66 (D.D.C. I998) (?The
Supreme Court's holding in is applicable only in cases where the United States is not a party to the
original legal proceeding. Touhy simply holds that a subordinate government official will not be compelled
to testify or to produce documents in private litigation, in which the federal government or any of its agenciesis
not a party in cases where a departmental regulation prohibits disclosure in the absence of consent by the head
of the department. In cases originating in federal court in which the federal government is a party to the
underiying litigation, the Touhy problem simply does not arise. In such cases, there is no requirement that the
litigant proceed under the APA and ?le a separate lawsuit in order to obtain testimony from a witness?)

ASUs Just have the commander contact me and I will pay for the ASUs.

I-ICCF: Please let me know by COB. PFC Manning?s family plans to release the contact information so that
supporters can send mail to him. Mail that was recently sent to the JRCF has been returned to sender instead of
forwarded to Howard County. I recommend instructing the JRCF to start forwarding mail to the following
address:

Howard County Department of Corrections
7301 Waterloo Road, P.O. Box 250
Jessup, Maryland 20794

Protective Order: I plan to submit my revised protective order later today. I have adjusted the process to
eliminate what I believe was your major hang up that somehow the CS0 would be trumping the OCA. This
was never the case under my original protective order, but I have spelled it out clearly under the revised order.

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 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

Defense_Unc|ass_Email_1481

02925534
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Wednesday, February 29, 2012 10:59 AM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchand'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow Iii, JoDean,

CPT USA Oveigaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA SJA: Ford, Arthur D. W01 USA JFHQ-


Subject: RE: Multiple Items
David,
Thank you.

As for the Brady issue, we agree with your assertions below; however this is all predicated
on what information the prosecution knows exists or could exist, and we recognize that you
are not privy to our work product to know this information. we agree that it would be absurd
to require the prosecution to search the entire government and we are not claiming that is
what we think we need to do or should do. on the contrary, from the beginning of this case,
the prosecution developed criteria to determine wether we have a good faith basis or not to
search for Brady/Giglio information at certain organizations. This issue will likely need to
be extensively briefed, and I recommend we discuss in conference with the military judge on
the best way to go forward and not until the next hearing. The reason is so we can determine
all the different steps that will be required to have this limitation- such as under a
protective order which the court orders the prosecution to limit their search (Rules of
Ethics applications) or whether the defense should motion the court to limit discovery, etc.

As for Touhy, please look again. The issue right now is you speaking with the government
officials outside of court-proceedings. The normal process for anyone outside the United
States government to speak to an official is to request under each organization's Touhy
regulations. I know that in the military justice system we are used to the process of having
defense counsel go direct with Don representatives, such as commanders, 1SGs, doctors, etc.,
and not filing a Touhy request because that is authorized in our Touhy regulations (AR 27-
46). Because this case involves entities outside of Don, all individuals (defense counsel or
not) are required to follow the Touhy regulations in order to speak to those individuals. As
we committed on 1 February, we are still working with those organizations to determine if
there is an exception to the normal process that can occur, rather than you submitting a
Touhy request.

we will have the command contact you immediately for the uniform money.

v/r
Ashden

Defense_Unclass_Emai|_1482

02564589
Previously in Encl 1

From: David Coombs
Sent: Wednesday. February 29, 20l2 ll:l6 AM

To: Fein. Ashden CPT USA S.IA
Cc: Matthew kemkes ?Paul Bouchard'
















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

?Melissa Santiago?
SJA
CPT USA
Jeffrey H. CPT USA IF SJA Ford.

Arthur 1). W01 USA SJA

Subject: RE: Multiple Items

Ashden,

1. I do not believe anything needs to be extensively briefed. The Government simply needs to provide a statement of
due diligence to the Defense and Court. Only then can we be in a position to determine whether a motion or a Court
Order is necessary. In other words, you seem to have the process backwards. Moreover, you committed in the 802
session to provide the Court and the Defense this information. Am I to understand that you are now resiling from this
commitment?

2. Please point me to the relevant that you are relying upon to state Touhy even
applies in a criminal context. Would the Government's position be that a Touhy request is necessary if the Court orders
a deposition? In addition, is it your position that you have been looking into this issue for almost a month to determine
if there is an exception to the "normal" process, and still do not have an answer?

Best,
David

David E. Coombs, Esq.

l.aw Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1~800~588-4156

Local: (508) 689-4616

Fax: (508)689-9282



??Con?dentiality Notice: This transmission, including attachments, may contain confidential attorney-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_Unclass_Email_1483

02564581





Previously in Encl 1
From: David Coombs
Sent: Thursday. March 1, 2012 8:23 AM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes






?Joshua Tooman'
Morrow Ill, JoDean, CPT USA
Overgaard, Angel M.

Wh te.
Ford,








'Me1issa Santiago?
SJA
CPT USA IF SJA
Jeffrey H. CPT USA SJA
Arthur D. W01 USA

Subject: RE: Multiple Items




Ashden,

Please respond to point 2 in my previous email. Thanks.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs
11 South Angell Street, #317
Providence. 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 prohibited.?"

Defense_Unc|ass_Email_1484

02925522
Previously in Encl 1

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Thursday, March 01, 2012 9:02 AM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchand'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA Ford, Arthur D. W01 USA JFHQ-
rmz?nnovvsun.

Subject: RE: Muliiple Items

David,

The United States has been working since 1 February on a method outside of the normal process
for the defense to have access to government officials, rather than you sumitting a Touhy
request. The Touhy regulations do apply in criminal context and I am sure you will find many
criminal cases that reference the Touhy regulations. I recommend starting with ACCA's
unpublished opinion in US v. Kitmanyen (ARMY 26116669). Although the legal issue in this case
is not on point, it is clear that ACCA considered Touhy as part of the criminal process, but
that case Touhy was at issue as part of the judicial process-subpoenas.

As I wrote earlier, the issue at bar is the defense speaking with these government officials
outside of court-proceedings. Your request on 1 February was to speak with the government
representatives as potential defense witnesses. we are trying to assist the defense with
that request, but you are still welcome to submit a Touhy request to the organizations. If
you would like us to concurrently obtain the Touhy request information for you, please let us
know.

If the Court orders any depositions, then we will address any Touhy issues, if they exist,
with each non-DoD entity and the Court.

v/r
Ashden

Defense_Unclass_Emai|_1485

02564580

31231














From: David Coombs

Sent: Thursday, March 1, 2012 10:02 AM

To: Fein, Ashden CPT USA SJ A

Cc: Matthew kemkes ?Paul Bouchard'
'1 Oshua T??man'
?Melissa Santiago? IH, JoDean, CPT USA
Overgaard, Angel M.
CPT USA JFHQ-NC RA Whyte,
Jeffrey H. CPT USA JFHQ-NC Ford,
Arthur D. W01 USA

Subject: Computer Forensics

Ashden,

The Defense does not have an Enease image of Mr. Katz's computer. Is this
something that the Govemrnem will be providing?? Also. there are 14 EnCase
forensic image files on the Cube provided by the Govemment. Will the
Govermnent be providing EnCase forensic image files for the other computers
in the T-SCIF and the TOC for 2d

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 con?dential attomey-clicm 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_U nc|ass_Email_1486



02941 747

3032
From: Fein, Ashden CPT USA SJA
Sent: Thursday, March 01, 2012 11:21 AM
To: David Coombs
Cc: Matthew kemkes; 'PauI Bouchard'; ?Joshua Tooman?; ?Melissa Santiago?; Morrow Ill, JoDean,

CPT USA SJA: Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford. Anhur D. W01 USA JFHQ-
SJA

Subject: RE: Computer Forensics

David,

As per our conversation earlier, we have been working on the forensic images. There are
harddrives that have been preserved pursuant to the CID and prosecution (based on defense)
requests. Because of the total number of drives, their location in a SCIF, and some of them
not being marked, we must sort through all the drives to determine which are responsive or
not.

As for I(atz's computer, we provided a forensic image on 9 Dec 12, when the cube was returned.
The image (Document Number 179-11, DA Form 4137) was located on that harddrive. Please
reference my email dated 11 Dec 11 at 1819 hours. Additionally, we realized that we never
receive the harddrive back once the information was copied, as requested. Could you please
have your experts copy the images over to the cube and have the drive returned.

For the next motions hearing, would you like to meet with your client before 15 March at Fort
Meade? If so, what day and time would you like to meet at the TDS office?

Thank you.

v/r
Ashden

Defense__Unc|ass__Emai|_1487

02564568

Previously in Encl 1




















From: David Coombs
Sent: Thursday, March 1, 2012 12:22 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes ?Paul Bouchard'
?Joshua Tooman'
issa antrago orrow 0 can, PT A
Overgaard, Angel M.
CPT USA IFHQ-NC Whyte,
Jeffrey H. CPT USA JFHQ-N Ford,
Arthur D. W01 USA
Subject: Multiple Items
Ashderu

With regards to Touhy, the Defense's position is that Touhy does not apply
in criminal cases. Only three military cases even reference Touhy, and none
support the proposition that Touhy applies in a oourt-martial. However, I
want to make sure that I understand the Government position on this issue.

1) Does the Government agree that Touhy does not apply in regards to CPT
Kolky; RADM Donegan; Mr. Betz; LtGen VADM Harward; and RADM Woods?

2) Is it the Government's position that Touhy requirements apply to Mr.

Kennedy?

a) IF YES - Please provide the current regulation from the DOS
regarding Touhy request requirements.

b) Will Mr. Kennedy cooperate in an infonnal interview with the
Defense without a Touhy request?

c) Will Mr. Kennedy cooperate with a deposition ordered by the Court
without a Touhy request?

d) Will the DOS provide the requested damage assessments/documerts if
the motion to compel discovery is granted without a Touhy request?

3) Is it the Government's position that Touhy requiremems apply to the OCA
of Speci?cation 3 and 15 of Charge

a) IF YES - Please provide the current regulation from the OCAs
organimtion regarding Touhy request requirements.

b) Will the OCA cooperate in an informal interview with the Defense
without a Touhy request?

c) Will the OCA cooperate with a deposition order by the Court without

a Touhy request?

d) Will the OCA's organization provide the requested damage
assessments/documents if the motion to compel discovery is granted without a

Touhy request?

4) What steps, if any, are you undertaking to persuade any organization
that may believe a Touhy request is required to waive such a requirement?

5) How long has the Government known that there may be a Touhy issue?

Please let me know if you have any questions.

Defense_UncIass_EmaiI_1488

02564568
Previously in Encl 1

Best regards.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

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

Toll Free: I-800-588-H56

Local: (508) 6894616

Fax: (508)689-9282



Notice: This uansmission. including attachments. may
contain confidential attorney-cliem information and is intended for the
person(s) or company named. lfyou are not the intended recipient. please
notify the settler and delete all copies. Unauthorized disclosure. copying
or use of this infomtation may be unlawful and is

Defense_Unc|ass_Emai|_1488

02564565

31235











From: David Coombs
Sent: Thursday, March 1, 2012 l2:29 PM
To: Fein, Ashden CPT USA
Ce: Matthew kemkes . ?Paul Bouchard'
'Jos ua Tooman!?
Morrow JoDean, CPT USA
A Overgaard, Angel M.
CPT USA SJ A Whyte.
Jeffrey H. CPT USA SJA Ford.
Arthur D. WOI USA SJA
Subject: RE: Computer Forensics
Ashtlert

1) Please update as soon as you can on EnCase images for the T-SCIF and
computers. Also. please infonn me what steps the Govemment has taken
to act on the Defense's request since the Defense filed its preservation

motion for these items on 2| September 201 I.

2) have sem an email to Mr. Lakes on this issue. and determine if Mr.
Katz's Encase image is on that drive. I seem to recall that there was a
problem adding the infonnation from the external drive to the cube.
However. I will verify this fact with Mr. Lakes. I will also enarre that

if the external drive can be returned (that the infonnation can be copies to

the cube) that it is.

3) Yes. please lnve my client brought to the Fort Meade TDS ollice at 1300
on the Nth. On the lsthand l6th please just bring him to the

courthouse. Depending upon low we do on the l5th and l6th. I may also
request to have him brougli to the TDS office on the min.

Please let me know if you have any questions.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coornbs

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

Toll Free: I-800-588-H56

Local: (508) 6894616

Fax: (508)689-9282



Notice: This transmission. including attaehmems may
contain confrdernial attorney-cliem infonnation and is intended for the
pcrson(s) or company named lfyou are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copy ing
or use of this information may be unlawful and is

Defense_U ncIass_EmaiI_1489

02920976
3 1 236



From: Fein, Ashden CPT USA SJA

Sent: Thursday, March 01. 2012 4:45 PM

To: David Coombs

Cc: Matthew kemkes; Bouchard, Paul CPT USARMY Santiago, Melissa CW2
USARMY Morrow JoDean, CPT USA Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW SJA: Whyle. Jeffrey H. CPT USA SJA: Ford.
Arthur D. W01 USA SJA

Subject: RE: Revised Case Management Order and Revised Protective Order (UNCLASSIFIED)

David,

How about Tuesday at 1060?

v/r
Ashden



02564560
31237

From: David Coombs
Sent: Thursday. March I, 20l2 5:16 PM
To: Fein, Ashden CPT USA SJA













?Bouchard, Paul CPT

?Santiago, Melissa CW2 USARMY
-: Morrow JoDean, CPT USA JFI-IQ-

Overgaard, Angel M. CPT USA
Whyte. Jeffrey W. CPT

Cc: Matthew kemkes
USARMY

SJA
SJA

USA SJA
USA SJA
Subject: RE: Revised Case Management Order and Revised Protective Order (UNCLASSIFIED)
Ashden.

Tuesday at I000 sound good.

On a separate note. any feedback on the rmiling address issue or the ASU issue?!

Bcst.
David

David E. Coombs Esq.

Lam Ol?ce ol?Da\?id E. Cooirbs

I I South Angel] stmci. #3 I 7
Providence. RI 02906

Toll Free: I56

Local: (508) 6894616

Fax: (508)



Notice: This transmission. including attachments. rnay contain con?dential attorney-client information and is

intended for the person(s) or corrpany named. If you are not the intended recipient. please notify the sender and delete all copies.

Unauthorized disclosure. copying or use of this irrfomiation be unlawful and is

Defense_Unclass_Emai|_1491

02925507
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Thursday, March 01, 2012 7:18 PM

To: David Coombs

cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow JoDean,

CPT USA Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA Ford, Arthur D. W01 USA JFHQ-
NCRIMDW SJA

Subject: RE: Multiple Items

David,
A. For your client's mail:

Supporters or family may send mail to:
Commander, HHC USAG

Attn: PFC Manning

239 Sheridan Ave, 417

VA 22211

The mail will be logged once it is received at the company. Mail will be collected until a
command visit and then it will be brought to the facility. Mail will be screened in
accordance with the inmate hand book at the HCCF and then given to PFC Manning. If it must
be returned or destroyed for any reason then that will be annotated on the log. PFC Manning
will sign the log to indicate that he received that mail on that day.

B. As for your Touhy information request below:

1. Yes. According to 5405.2 and AR 27-46, Touhy appears to not apply to access to
personnel or information for courts-martial.

2. we are working with the organization to determine an appropriate response and the way
forward. I searched the CFR and found 22 CFR Part 172.

3. we are working with the organization to determine an appropriate response and the way
forward. I searched the CFR and found the cite. If you call, I can give it to you over the
phone so long as it is stored separate and apart from your email based on the sensitive
nature; however I recommend typing the organization's name and "Touhy" in google, and you
will be pointed to the citation.

4. we have been working with the organizations to determine if there is a streamlined
process either through the Touhy process or as an exception. we have also made it clear that
if Touhy is the only way and it does not hinder the process, that we as the military
prosecution intend to submit the documents for the defense, once the defense completes the
requirements.

5. Early this week, the prosecution became aware that the normal course for all defense
counsel is to submit a Touhy request. Prior to then and continuing today, the prosecution
has worked to see if there was a streamlined process to obtain the information.

C. Uniforms: The command will contact you tomorrow.
D. EnCase images: As previously stated, based on the defense preservation request, the

United States preserved all the drives that could be reasonably located in the government.
As we prepare for our motion response, we are updating the status of these drives to

Defense__Unclass_Email_1492





02925507
Previousty in Encl 1

understand the population that exists and finalizing whether any of them are discoverable
(and produce them) or potentially discoverable (if the military judge rules in Favor of the

defense).

v/r
Ashden

Defense_Unc|ass_Email_1492

02564547
Previously in Encl 1

From: David oombs
Sent: Friday, March 2, 2012 12:11 PM

To: Fein, Ashden USA SJA

Cc: Matthew kemkes ?Paul Bouchard'














?Me issa antiago' Morrow JoDean, CPT USA
- Overgaard, Angel M.
CPT USA JFHQ-NC Whyte,
Jeffrey H. CPT USA JFHQ-NC Ford,

Arthur D. W01 USA SJA
Subject: RE: Multiple Items

Ashden,

I've spent the past couple of days trying to wrap my mind around your Touhy issue, and I can't seem to process what you
think this means going forward. If I understand what you are saying, despite the Government's discovery obligations
under Williams, you think there is an additional impediment (the Touhy request) to the Defense getting discovery? So,
even if a judge determines that the material is relevant and should be disclosed, you (the Government) will not disclose
it and will require the Defense to go through cumbersome administrative channels to try to obtain this material?
Ultimately, as you likely know, the agencies will deny access to these materials because they are classified, and that is
one of the bases for denial of a Touhy request. So, even if you are ordered to produce this material, it will not be
produced because of bureaucratic red-tape.

I'm sorry to be beating a dead horse, but if this is your position, it seems utterly crazy to me. Moreover, I don't
understand how the Government was able to provide other discovery from agencies outside the DOD, under your view,
absent a Touhy request? With the discovery you already provided, you searched other agencies and provided the
Defense with the relevant materials. Why is this any different? Are you saying it's different because in one scenario, the
Government handed things over voluntarily, but in the other scenario, the Government would be handing things over
pursuant to a Motion to Compel? If that?s the case, then couldn't the Government simply deny discovery of materials it
didn't want to hand over to the Defense, have a judge order the production of the discovery, and then set Touhy up as
the ultimate roadblock? In other words, it seems that the Government ultimately controls whether the Defense will
ultimately have a "Touhy issue.? Further, if a Motion to Compel is granted, it is the Government that is ordered to
produce evidence i.e. go get it and give it to the Defense. 50 I don't see how Touhy is implicated at all given that the
discovery request is of the Government, and not of the agency itself.

Another thing I don't understand is that you've had access to these witnesses (since you were able to obtain the OCA
unswom declarations). You also represented at the Article 32 that all of these individuals were prepared to testify
telephonically if needed. This would appear to be a clear violation of Article 46 if you are now attempting to prevent
equal access to these witnesses by hiding behind Touhy.

Finally, if under your view, Touhy regulations clearly apply as part of the criminal process and this is the way that
discovery/witness requests must be processed (even when compelled), how is it that you've only learned of this process
a week ago? As you well know, I have been submitting discovery requests for a year and a half. I have been asking in
various capacities to speak with the OCAs for 5-6 months. How can you not have informed yourself of how my
discovery/deposition requests could be satisfied before now? It seems that either: a) you were not diligent in processing
Defense requests, or b) Touhy is not actually an impediment to me getting the relevant discovery, but rather an 11th-
hour roadblock conveniently erected by the Government.

I really need you to provide more clarity on the Government's position. Please do not tell me that you are "working with
the relevant agencies to find an answer.? The Government's position on how Touhy affects this case does not depend
on consultation with other organizations. I ask that you clarify exactly how you think Touhy applies to your discovery

Defense_Unclass_EmaiI_1493



obligations by Monday at 5:00, so that we can be prepared to discuss this at our 802 Conference on Tuesday.

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


Defense_Unclass_Emai|_1493





02925484

Previously Syp?ggted in Encl 1

From: Fein, Ashden CPT USA SJA

sent: Friday, March 02, 2012 12:23 PM

To: David Coombs

cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; 'MeIissa Santiago?; Morrow JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford, Arthur D. W01 USA JFHQ-
NCRIMDW SJA

Subject: RE: Mu?iple Items

David,

Thank you. On Monday, I will provide you a more detailed reply to this email; however at
first glance, I think you are misinterpreting or not understanding what I have previously
wrote. Overall this does not prevent the deFense's access to witnesses and information, it
simply sets out requirements to request access under certain circumstances (as outlined in
the CFRs).

v/r
Ashden

Defense_Unc|ass_Emai|_1494

02944106

31243

From: Fein, Ashden CPT USA SJA

Sent: Friday, March 02, 2012 12:25 PM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow JoDean,

CPT USA JFHQ-NCRIMDW Ovengaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW Fold, Arthur D. W01 USA JFHQ-
SJA

Subject: BM's Mail

David,

I was just notified that the JRCF will start Forwarding all your client's mail to the command
For delivery.

v/r?
Ashden

Defense_UncIass_Email_1495

02564524



















31244
From:
Sent: Friday, March 2. 20l2 l2.34 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes Paul Bouchard

Melissa Santiago Mon?ow ean. CPT USA
SJA -. d, Angel
CPT USA IF A
.le??rey H. CPT USA SJA Ford.

Arthur D. WOI USA SJA
Subject: RE: Multiple Items

Ashden,

I look forward to a detailed response on Monday. I ask that you reply to all of the issues/questions I raised in
my email.

Best,
David

David E. Coombs, Esq.

Law Office 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



--savory-no--v-vw-~

""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 prohibit

Defense_Unclass_Email_1496

02936393



From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 05, 2012 3:58 PM

To: David Coombs

Cc: Matthew kemkes; Bouchard, Paul CPT USARMY ?Joshua Tooman'; Santiago.

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford. Arthur D. W01 USA JFHQ-NCRIMDW SJA

Subject: Discovery Production Update
Attachments: 120305-Discrepancies in Production Processing.pdf
David,

After Chief Ford conducted an audit of all the information we have provided in discovery, it
appears there are some discrepancies. The attached memorandum explains what he found and how
he fixed the two issues.

In order to fix the discrepancies, we sent you an updated set of unclassified documents
(Tracking 7616 1666 6061 1274 4637) and delivered classified documents to the Fort Myer
office. Recognizing there is no judicial protective order in place for production of new
classified information, we delivered this material under the original convening authority's
protective order, because you already have the underlying forensic information referenced by
this material.

The unclassified documents are updated BATES number for a portion of the MCB-Quantico files.
The classified material are portions of the forensic reports for the items listed in Chief
Ford's footnote.

Please let me know if you have any questions.

v/r
Ashden

Defense_UncIass_EmaiI_1497

02925640
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 05, 2012 4:59 PM

To:

Cc: Matthew kemkes; Paul Bouchard; Joshua Tooman; Melissa Santiago; Morrow JoDean.

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte. Jeffrey H. CPT USA Ford, Arthur D. W01 USA JFHQ-
SJA

Subject: RE: Multiple Items

David,

Bottom line, the United States will not withhold any evidence based on the Touhy regulations.
Our interpretation of the Touhy regulations and relevant case law is that the regulations are
NOT a basis to withhold evidence from the defense. The Touhy regulations simply centralize
the decision making process within an agency, in order to provide information based on
subpoena, judicial order, or private party requests.

Your prior requests, based on the purported authorities, were denied for multiple reasons,
and then you asked for access based on the individuals being potential defense witnesses.
This Touhy-issue arose when you asked for an update on the prosecution obtaining access to
two individuals for you to interview outside of the judicial process- thus a private party
request for an interview.

If you do not wish to wait on a Court's ruling, then you may submit a Touhy request to the
entities and request access to the individuals.

It is the prosecution's intent to continue helping the defense obtain access, although the
Touhy regulations do not make an exception for our assistance. The prosecution will assist
you with these requests, if you choose to go down this path concurrent with the judicial
process. If the Court rules in favor of the defense on discovery or depositions dealing with
outside agencies, then the prosecution will continue to coordinate this judicial process with
the agencies under their Touhy regulations.

Although Touhy applies, the prosecution does not forecast any issues with subpoenas or
judicial orders being executed under each entity's applicable rules. Again, Touhy is not a
basis to withhold evidence, but rather a housekeeping rule to process requests and ensure
centralized decision?making. If information is withheld under Touhy regulations, it will be
based on a proper authority, such as the classified information privilege.

v/r
Ashden

Defense_U nc|ass_EmaiI_1498

02564522

31247

From: David Coombs
Sent: Monday, March 5, 2012 5: I3 PM

To: Fein. Ashden CPT USA SJA
Cc: Matthew kemkes 'Bouchard. Paul PT
USARMY ?Joshua Tooman?

?Santiago, Melissa CW2 USARMY

Morrow .loDean, CPT USA
Overgaard. Angel M. CPT USA JFHQ-

Whyte, Jeffrey H. CPT USA
Ford, Arthur D. W01 USA







A
SJA

Subject: Discovery Production Update
Ashden.
Just a couple of clari?cations:

I) With regards to the first -H.864 documents. are you providing a
conected copy of all -H.864 docurnems? If not. it may make more sense to
do so. rather than Irving to replace batches of documents in prev iousI_v
provided discovery. Shouldn't this be just om or two

2) Am 1 correct that the defense did received the 14.193 pages of discovery
referenced b_v Mr. Ford (as attachments) - we just did not receive a separate
bales numbered version?? Or is Mr. Ford sayirrg that the 14.193 pages were
simply referenced in previous disclosures. and no\\ (for the first time) the
Defense is actually receiving those enclosures??

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angeli Street. #317
Providence. RI 02906

Toll Free: l-800-588-4156

Local: (508) 689?l6|6

Fax: (508)689-9282



??Conl'rdentiaIitv Notice: This including attachments. may
contain oonfiderlial attomey-clieil infonnation and is intended for the
person(s) or company named lf_vou 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_UncIass_Email_1499














02564499
Previously Sgqguged in End 1
From: David Coombs
Sent: Monday. March 5. 20l2 5:23 PM
To: Fein. Ashden CPT USA SJA
Cc: Matthew kemkes ?Paul Bouchard'
?Joshua Tooman'
?Melissa Santiago? Morrow Ill, .loDean, CPT USA
SJA Overgaard, Angel M.
CPT USA SJA
Jeffrey H. CPT USA IF SJA Ford,
Arthur D. WOI USA SJA
Subject: RE: Multiple Items
Ashden.

Based upon your ennil. it is my understand that:

l) If the Court orders rbpositions. you do not see the need for a Toulr) request from the Defense and believe the Court's order will
be complied with by the OCM:

2) If the Court orders the Defense requested discovery. you do not see the need fora Touhy request from the Defense and believe
the Court's orrbr will be complied with by the OCAS:

3) If the Court orders the Defense requested discovery. it will either be provided to the Defense or me Govenunent will seek to
not disclose the information pursuant to M.R.E. 505; and

4) If the Coun does not order depositions. you believe that Touhy does apply and would necessitate a Toulry request form the
Defense in order to be provided equal access to the requested OCAs under Article 46.

Please inform me if above is correct. Thank you.

Best.
David

David E. Cocmbs Esq.

Law Office of David E. Coonbs

ll South Angeli Street. tt3l7
Providence, RI 02906

Toll Free: I-800-588-t I56

Local: (508) 689-tolo

Fax: (508) 689-9282



??Cort?derIiality Notice: This transmission. including attachments. may contain confidential attorriey-client information and is
intended for the person(s) or comparry named. If 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_1500



02936390

31249
From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 05, 2012 5:38 PM

To: ?David Coombs'

Cc: Matthew kemkes; 'Bouchatd, Paul CPT USARMY ?Joshua Tooman'; ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyle. Jeffrey H. CPT USA JFHQ-
Ford. Anhur D. W01 USA JFHQ-NCRIMDW SJA

Subject: RE: Discovery Production Update

David,

1- we provided only the corrected numbers and enclosed to Chief Ford's memo is a key to
transfer the old numbers to new numbers, in case you have work product that is indexed by
BATES numbers. we wanted to make an efficient process to update records. If it would be
easier to receive the entire 44k pages again, we can make that happen.

2- Chief Ford's footnote highlights that the material stamped with those BATES numbers makeup
some of the attachments to the Centaur Logs, CENTCOM Server, and SD Card, which we produced
in classified discovery on the Forensic Cube; thus this information has been in the defense's
possession and accessible since 8 November 2811. The BATES numbered versions, on
were not produced based on the defective process.

v/r
Ashden

Defense_Unclass_EmaiI_1501

02925613

Previously in Encl 1



From: Fein. Ashden CPT USA SJA

Sent: Monday, March 05. 2012 5:51 PM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford. Arthur D. W01 USA JFHQ-
NCRIMDW SJA

Subject: RE: Muhiple Items

David,

If the Court orders any process, then the prosecution will work with the entities under their
Touhy rules_and will not turn to the defense to submit requests on top of the Court ordered
process- the prosecution is responsible under the military justice system to obtain Court
ordered evidence; however an entity can still object, but will have to state a proper basis.
The prosecution has no reason to believe an entity will object, except on the basis of
classified information. If there is no Court ordered process, then the defense will need to
submit a Touhy request to speak with any Government employee outside of the pursuant to
federal law.

It is the prosecution's intent to continue helping the defense obtain access, although the
Touhy regulations seem to not make an exception for our assistance, but we will continue to
endeavor to assist.

I hope this clarifies the issue.

v/r
Ashden

Defense_Unclass_Emai|_1502

02564470
Previously in Encl 1

From: David Coombs
Sent: Monday, March 5, 2012 6:07 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes ?Paul Bouchard'














'Jos ua Tooman?



?Me issa Santiago?

CPT USA JFHQ-NC
Jeffrey H. CPT USA JA
Arthur D. W01 USA SJA

Subject: RE: Multiple Items

Ashden,

Thank you. That does provide clarity. If the request for depositions is denied, I would like to submit a Touhy request for
Mr. Kennedy and for the OCA of Spec 3 and 15 of Charge ll. Since each agency has its own specific requirements, can
you provide me with the format that the DOS and the OCA for Spec 3 and 15 of Charge ll would require for such a
request? One potential problem with the Touhy request is that I will not know for sure the substance of the testimony
expected of the relevant employee (other than what was stated in the classification determinations). This is one of the
reasons that I would like to speak to these individuals.

Finally, with regards to the DOD OCAs, I plan to wait on the judge's ruling regard the depositions before attempting to
speak with any of them. If the Court does not order depositions, does the Government want the Defense to go through
a specific POC for each OCA (as the Government requested the Defense to do with Mr. Betz)? If so, could the

Government be prepared to provide those POCs on the 16"? of March?

Best,
David

Identify the employee or record;

Describe the relevance of the desired testimony or records to your proceeding and provide a copy ofthe pleadings
underlying your request;

identify the parties to your proceeding and any known relationships they have to the Department's mission or
programs;

Show that the desired testimony or records are not reasonably available from any other source;

Show that no record could be provided and used in lieu of employee testimony;

Provide the substance of the testimony expected of the employee; and

Explain why you believe your Touhy Request complies

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



??Confidentia|ity Notice: This transmission, including attachments, may contain confidential attorney-client

Defense_Unc|ass_EmaiI_1503



02564470

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 information may be unlawful and is
prohibited.

Defense_U nciass_Emaii_1503

02564467

31253

From: David Coombs
Sent: Monday, March 5, 20l2 6:09 PM

To: Fein, Ashden CPT USA sm









Cc: Matthew kemkes 'Bouchard. Paul PT
?Joshua Tooman'
'Santiago, Melissa CW2 USARMY
Morrow Ill, JoDean, CPT USA IF
Angel M. CPT USA JFHQ-

SJA Whyte. Jeffrey H. CPT USA

SJA Ford. Arthur D. WOI USA

SJA
Subject: RE: Discovery Production Update


Thank you. Please provide a CD with all of the MK pages again

Best.
David

David E. Coombs. Esq.

Law O?lce of David E. Coonbs

11 South Angel! Street. #317
Providence. RI 02906

Toll Free: I-800-588-H56

Local; (508) 6894616

Fax: (508) 689-9282



??Coul?tdentinlity Notice: This tmsmision. including may
contain con?dential attorney-client information and is intended for the
penion(s) or company named. lfyou are not the mended recipient. please
notify the aemlerand delete all copies Unauthorized disclosure. copying
or use of this information may be unlawful and is pIohibiled.??

Dafense_Unclass_Emall_1504

02925558

Previously in Encl 1



From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 05. 2012 6:27 PM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford. Arthur D. W01 USA JFHQ-
NCRIMDW SJA

Subject: RE: Multiple Items

David,

If the depositions are denied, the prosecution will assist with setting up the Touhy request,
to include submitting them on behalf of the defense (this will have to occur for one of the
OCAs based on the classification). As for the we will start accumulating the
proper POCs for each OCA so that the defense may reach out to them. we should be able to
accomplish this by 16 March, absent some major intervening issue.

v/r
Ashden

Defense_Unc|ass__Email_1505

02936386



Previously in Encl 1

From:
Sent:
To:
Cc:

Subject:

David,

Fein, Ashden CPT USA SJA

Monday, March 05, 2012 6:27 PM

David Coombs

Matthew kemkes; 'Bouchard. Paul CPT USARMY ?Joshua Tooman'; ?Santiago.
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-
Ford, Arthur D. W01 USA SJA

RE: Discovery Production Update

we will start working on this tomorrow.

v/r
Ashden

Defense_U ncIass_Emai|_1506



.

02564466
Previously in Encl 1
From: David Coombs
Sent: Tuesday, March 6, 2012 1:47 PM

To: Fein, Ashden CPT USA SJA



















Cc: Matthew kemkes ?Paul Bouchard'
?Joshua Tooman'
issa anti ago orrow 0 can,
. Overgaard, Angel M.
CPT USA JFHQ-NC Whyte,
Jeffrey H. CPT USA JFHQ-NC Ford,
Arthur D. W01 USA IF SJA
Subject: Clari?cation
Ashden,

With regards to missing emails due to the term WL, is the Government sure that it has received all emails from OCAs/investigative
agencies, etc.. regarding potential Brady material? In other words, if an agency sent the Governrnem potential unclassi?ed Brady
material in an email that contained the term WL, would you have received the email? understand that you were able to retrieve non-
receivcd emails. Were you able to retrieve all non-received emails - or was there a date limit for how far back you could see blocked
emails?

Also, with regards to the Clause 3 offenses. the Government has included the Clause 1 and 2 language within each Clause 3
speci?cation Given that fact, is the Government planning on including recommended elemems for the Clause 1 and 2 offenses should
the panel conclude that the specific Clause 3 offense is not proven?

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.
Unauthon?7.ed disclosure, copying or use of this infonnation may be unlawful and is prohibited!"

Defense_Unclass_EmaiI_1507

02564465
Previously in Encl 1

From: David Coombs
Sent: Tuesday, March 6, 2012 5:59 PM

To: Fein, Ashden on USA SJA











Cc: Matthew kemkes ?Paul Bouchard'
?Joshua Tooman'

?Melissa Santiago? Morrow JoDean, CPT USA
SJA Overgaard Angel
CPT USA SJ A
Jeffrey H. CPT USA SJA Ford,
Arthur D. W01 USA SJA

Subject: Excludable Delay



Does the Government have any documentation concerning the accounting of the
time for the time period between 15 December 2011 and the date of referral?
The last excludable delay that I have covers 16 November 2011 to 15 December
201 1.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll ree: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282



""Con?dentiality Notice: This transmission. including attachments, may
contain con?dential attorney-cliem 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. Unauthonmed disclosure. copying
or use of this infomation may be unlawful and is prohibited.?"

Defense_Unc|ass_EmaiI_1508



02935271
31258

From: Fain, Ashden CPT USA SJA

sent: Tuesday. March 06, 2012 6:01 PM

To: David Coombs

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow JoDean,

CPT USA Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA2 Fond, Arthur D. W01 USA JFHQ-



Subject: RE: Excludable Detay
David,

Thank you.

v/r

Ashden

Defense_U nc|ass_Emai|_1509



02935268

Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Tuesday, March 06, 2012 6:06 PM

To: Fein, Ashden CPT USA JFHQ-NCRIMDW ?David Coombs'

Cc: Matthew kemkes; ?Paul Bouchard'; ?Joshua Tooman'; ?Melissa Santiago?; Morrow Ill, JoDean.

CPT USA Overgaard, Angel M. CPT USA
Whyte. Jeffrey H. CPT USA Ford. Arthur D. W01 USA JFHQ-
NCRIMDW SJA

Subject: RE: Excludable Delay

David,

Thank you For the email. we will get you a response to this email and your previous in the
next -Few days.

v/r
Ashden

Defense_U ncIass__EmaiI_1510

31260 i

















02564463

From: David Coombs

Sent: Tuesday. March 6, 2012 6:08 PM

To: Fein, Ashden CPT USA SJA

Ce: Matthew kemkes 'Paul Bouchard'



?Melissa Santiago? Morrow ll]. .loDean, CPT USA
SM d. Angel
CPT USA SJA
Jeffrey H. CPT USA SJA Ford,
Arthur D. WOI USA SJA

Subject: RE: Excludable Delay

Ashden.

Thank you.

Best.

David

David E. Coombs Esq.

Law Office of David E. Coonbs

ll South Angel] Stmet. #317
Providence. RI 02906

Toll Free: 1-800-588-1156

Local: (508) 689-46l6

ax: 689-9282

vnwv.annyooumnanialdefense.com

??Confidcntialit_v Notice: This transmission. including attachments. may
contain confidential attomey4:|ietI infonnation and is intended for the
penaon(s) or company named. lfyou are not the intended recipient. please
mlily the settler and delete all copies. Unauhorized disclosure.
or use of this infommion may be unlawful and is pIohibited.?"

Defense_Unclass_Email_151 1

02564982

31261
From: Casamatta, Joseph MIL US on behalf of Casamatta,
Joseph MIL USA

Sent: Wednesday, March 07, 2012 11:12 AM

To: Haberland, John MIL USA

Cc: Fein, Ashden CPT USA SJA

Subject: mail and visit (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,

Yesterday I visited our Soldier. He is doing well and appears as though is being treated
with dignity and respect.

we spoke about the mail situation that may be arising shortly. The Soldier made it
abundantly clear that he does not want any mailmwith the exception of any ?official mail?.

I told him that I would be happy to box up all of the mail we received and give it to his
Family, but he reiterated he simply does not want it.

If either of you has input on what to do with the potential (none yet) mail, please teel ?ree
to render you advice.

Joe

CPT Joseph M. Casamatta
Commander

HHC, USAG

239 Sheridan Ave, 417
Joint Base Myer-Henderson Hall, VA 22211

wk:
88:
Fax:

Classification: UNCLASSIFIED
Caveats: NONE



Defense_Unclass_EmaiI_1512

02927269

3062
From: Fein, Ashden CPT USA SJA

Sent: Wednesday, March 07, 2012 11:28 AM

To: Casamatta, Joseph MIL Haberland, John

MIL USA
Subject: RE: mail and visit (UNCLASSIFIED)
All,

CPT Haberland will work on checking the mail handling regulations, but I am
not sure whether you can just turn over his mail to his Family he refuses
the mail. He will likely have to refuse it when you deliver it and it be
destroyed. I am not sure whether we can use government Funds to return the
mail to sender, unless that is a simple process through the USPS.

Mr. Coombs- do you want to talk to your client about this?
Thank you.

v/r
CPT Fein

Defense_Unc|ass_Emai|_1513

02927267

31263

From: Fein, Ashden CPT USA SJA
Sent: Wednesday, March 07, 2012 11:34 AM

To:
Subject: RE: mail and visit (UNCLASSIFIED)

Thanks.

Defense_Unc|ass_Email_1514

02564461

31264

From:

Sent: Wednesday, March 7, 20|2 I AM

To: Fein. Ashden CPT USA SJA
Subject: Re: mail and visit (UNCLASSIFIED)



I will look into this and gel bad: with you.

Best.

David

Sent from my Verizon Wireless Bbck?eny

Defense_UncIass_EmaII_1515

02937769



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Friday, March 09, 2012 2:46 PM

To:

Cc: Matthew kemkes; Bouchard, Paul CPT USARMY Santiago. Melissa CW2

USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: Delivery of Documents

David,

we sent to you the unclassified enclosures to our motion FEDEX OVERNIGHT (tracking
793319795642). Additionally, we attempted to deliver a copy to the Fort Myer TDS office
along with the classified supplements, but no one from the defense team was there- we now
know that CH2 Santiago is on convalescent leave. To make this easy for the defense and
ensure all counsel have copies of the documents, we will mail unclassified material to Paul's
office and deliver classified material to Fort Meade.

As for this round, we will not be able to deliver the classified material on Monday, but will
deliver them on Tuesday. The material is available anytime for inspection in our office
between now and Tuesday.

Have a good weekend!

v/r
Ashden

Defense_Unc|ass_Emai|_1516

02564458

Previously in End 1
From:
Sent: Saturday, March 10, 2012 2:40 PM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes 'Bouchard. Paul PT











USARMY 'Santiago, Melissa CW2 USARMY
Morrow Ill .loDean, CPT USA JFHQ-
SJA Overgaard, Angel M. CPT USA
IFHQ-NCRIMDW SJA Whyte. Jeffrey H. CPT
USA SJA Ford. Arthur D. CW2
USA SJA

Subject: Delivery of Documents

Can somebody from the Government please repond to my email from this morning? Your motion responses
were due Thursday, and it is now Saturday and the Defense team is not in possession of all of your
documentation. This is unacceptable.

David

David E. Coombs. Esq.

Law Of?ce of David E. Coombs

ll South Angell Street. #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508) 6894616

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_Email_1517

02564456

31267












From: David Coombs
Sent: Saturday, March l0, 20|2 I 1:27 AM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes 11>; ?Bouchard. Paul PT
USARMY ?Santiago. Melissa CW2 USARMY
Morrow Ill. JoDean. PT USA JFHQ-
Overgaard, Angel M, CPT USA
SJA Whyte, Jeffrey H. CPT
USA SJA Ford. Anhur D. W2
USA SJA
Subject: RE: Delivery of Documents
Ashden,

I just received the CD from you. I am confused as to why the CD did not have any of your attachments. Why didn't you
send the attachments sent to me? Your earlier email to the Court indicated that you were mailing the attachments to
me ("Based on the size of the remaining enclosures to all these motions or responses, the United States in tends to deliver
them to your office and Fort Myer TDS tomorrow morning, and overnight mail them to Mr. Coombs").

You also indicate that you mail the attachments to CPT Bouchard? Were these items sent Fed Ex to CPT Bouchard?

With regards to the "treat as classified" material, how long is that attachment? How are you sending that attachment to

the Defense?

Since the hearing is a few days away, I need a response to this ASAP.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeil Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282



??Confidentia|ity 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__1518












02564454
31268

From: David Coombs

Sent: Sunday, March 11, 20l2 12:44 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard, Paul CPT
USARMY (US ?Santiago. Melissa CW2 USARMY
Morrow ll JoDean, CPT USA IFHQ-
SJA )ver aard, Angel M. CPT USA
SJA Whyte. Jeffrey H. CPT
USA IF SJA ord. Arthur D. CW2
USA SJA

Subject: RE: Delivery of Documents

Ashden.

The CD you serl me was corrupted. After redownloading it from the CD.
I was able to open unclassi?ed attachments to Ex-Pane. Bill of

Particulars. Case Calendar. Compel Depositions and Protective Order. I was
not able to open the attachments to compel dbcovery.

Best.
David

David E. Coombs Esq.

law Office of David E. Coorrbs

ll Somh Angeli Street. #317
Providence. RI 02906

Toll Free:

Local: (508) 689-4616

Fax; (508) 689-9282



Notice: This transmission. imluding anachrnenm may
contain con?derlial atormy-clierl infomunion and is intended for the
person(s) or company named. If you are not the intended recipient. please
mtify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infomiation may be unlawful and is prohibited??

Delense_UncIass_Emai|_1519

02937960



31269

From:
Sent:
To:
Cc:

Subject:

David,

I did not receive the below email yesterday.
your last one as of 1244 today (Sunday).

v/r
Ashden

Defense_Unc|ass_Emai|_1520

Fein, Ashden CPT USA SJA

Sunday, March 11. 2012 1:57 PM



Matthew kemkes; 'Bouchard, Paul CPT USARMY 'Santiago, Melissa CW2
USARMY Morrow JoDean, CPT USA Overgaard, Angel M.
CPT USA Whyte, Jeffrey H. CPT USA SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Delivery of Documents

I will jump ahead on your emails and reply to
Please call if you have any issues.

02937957

31270
From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, March 11. 2012 2:02 PM

To: ?David Coombs'

cc: Matthew kemkes; ?Bouchard, Paul CPT USARMY ?Santiago, Melissa 8 CW2

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaand, Angel M.
CPT USA SJA: Whyte. Jeffrey H. CPT USA Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Delivery of Documents

David,

So as I read this email, you did receive all our enclosures and attachments on Saturday
through overnight FEDEX and it appears that one of them is not opening for you? I will break
it up into multiple Files and send to you right now. The mailing of documents to CPT
Bouchard was intended for Future filing and discovery deliveries and not for this Filing;
however in light of what seems to be confusion we will deliver a copy of the unclassified
enclosures to CPT Bouchard tomorrow with the classified material.

More emails to follow.

v/
Ashden

Defense_Unc|ass_Emai|_1521

02937927



From:
Sent:
To:
Cc:

Subject:
Attachments:

David,



Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sunday. March 11,2012 2:21 PM

Fein, Ashden CPT USA JFHQ-NCRIMDW ?David Coombs'

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard. Angel M.

CPT USA JFHQ-NCRIMDW Whyle. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Delivery of Documents

EncIosures_4.pdf; EncIosures_5.pdf; Enclosures_6.pdf; EncIosures_7.pdf; Enclosures_8.pdf;
Enclosures_1.pdf; EncIosures_2.pdf; EncIosures_3.pdf

I am going to send you 5 total emails, including this one, with all the enclosures -For the

Government's Response to the Motion to compel Discovery.

Please contirm that you receive all

-Five and PLEASE CALL ME if you have any future administrative issues that you need assistance

resolving.

v/r
Ashden

Defense_U nc|ass_Emai|_1522

02937906

31272

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

2oF5

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sunday. March 11. 2012 2:23 PM

?David Coombs'

Matthew kemkes: 'Bouchard, Paul CPT USARMY ?Santiago. Melissa CW2

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard. Angel M.

CPT USA JFHQ-NCRIMDW SJA: Whyle. Jeffrey H. CPT USA SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Delivery of Documents

EncIosures_10.pdf; Enclosures_9.pdf

I am going to send you 5 total emails, including this one, with all the enclosures for the

Government's Response to the Motion to compel Discovery.

Please confirm that you receive all

-Five and PLEASE CALL ME if you have any future administrative issues that you need assistance

resolving.

v/r
Ashden

Defense_UncIass_Emai|_1523

02937827
31273

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, March 11. 2012 2:24 PM

To: ?David Coombs'

cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Delivery of Documents

Attachments: Enclosures_16.pdf; Enclosures__17.pdf; Enclosures_18.pdf; EncIosures_19.pdf; Enc|osures_
20.pdf; Enclosures_14.pdf; Enclosures_15.pdf

David,

4ofS

I am going to send you 5 total emails, including this one, with all the enclosures For the
Government's Response to the Motion to compel Discovery. Please confirm that you receive all
five and PLEASE CALL ME if you have any future administrative issues that you need assistance
resolving.

v/r'
Ashden

Defense__Unc|ass_Ernail_1524

02937855

31274

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, March 11, 2012 2:23 PM

To: ?David Coombs'

Cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow .JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW SJA: Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Delivery of Documents

Attachments: EncIosures_13.pdf; Enc|osures__1 1 .pdf
David,

3oF5

I am going to send you 5 total emails, including this one, with all the enclosures for the
Government's Response to the Motion to Compel Discovery. Please confirm that you receive all
five and PLEASE CALL ME if you have any Future administrative issues that you need assistance
resolving.

v/r
Ashden

Defense_U nc|ass_EmaiI_1525

02937788

31275

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

5of5 (Last)

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sunday, March 11, 2012 2:24 PM

?David Coombs'

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW overgaanu, Ange! M.

CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Delively of Documents

Enclosures_23.pdf; EncIosures_24.pdf; Enclosures_25.pdf; Enc|osures_
27.pdf; EncIosures_28.pdf; Enclosures_29.pdf; Enctosures_30.pdf; EncIosures_31.pdf;
EncIosures_32.pdf; EncIosures_21.pdf; Enclosures_22.pdf -

I am going to send you 5 total emails, including this one, with all the enclosures for the

Government's Response to the Motion to compel Discovery.

Please confirm that you receive all

five and PLEASE CALL ME if you have any future administrative issues that you need assistance

resolving.

v/r
Ashden

Defense_U nc|ass_Emai|_1526

02564447
Previously in Encl 1

From: David Coombs
Sent: Sunday, March ll, 2012 3:20 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard. Paul CPT









USARMY ?Santiago, Melissa CW2 USARMY
(US) Morrow Ill, JoDean. CPT USA IFHQ-
SJA Overgaard, Angel M. CPT USA

SJA Whyte. Jeffrey H. CPT





USA SJA Ford. Arthur D. CW2

USA S1 A 3
Suhject: Delivery of Documents
Ashden.

I think we have a fundamemal problem with how your ermil issues are being addressed. The emails that I sent to you on Saturday did
not get kicked back unit the end of the day and the early moming hours of Sunday. I am concerned with what you may not be
receiving from not only myselfbut from others Thus. I would like to ?nd out how far you were able to detennine you were missing
entails that referenced WL. Also. I know that you luve added your AKO address. but we should also add a corrunercial address to
your list. Would you have a problem with that suggestion to allcxiuc this issue??

Best.
David

David E. Coombs Esq.

Law Of?oc of David E. Coonbs

I I South Aogell Street. Il3l'I
Providence. RI 02906

Toll Free: l-800-588-H56

Local: (508)689-1616

Fax: (508) 689-9282



Notice: 'l1tis trammission. including attachments. may comiin oon?demial attorney-client information and is
intended for the person(s) or oonpany mined. lfyou are not the intended recipient. please notify the sender and delete all copies.
Umuthorizod disclosure. copying or use ol'this infomtation may be unlawful and is

Defense_Unclass_Email_1527

02564450
31277

From: David Coombs
Sent: Sunday, March I I, 2OI2 3:20 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard. Paul PT
USARMY ?Santiago, Melissa CW2 USARMY Morrow Ill, .loDean, CPT
USA SJA Overgaard, Angel
M. CPT USA JA 2 Whyte.

Jeffrey H. CPT USA SJA Ford.





Arthur D. CW2 USA SJA
Subject: RE: Delivery of Documents

Ashden.

I think we lave a uidamerlal problem with how your email issues are being addressed. The emails that I sent to you on Saturday did
not get kicked back until the end of the day and the early morning hours of Sunday. I am concerned with what you may not be
receiving from not only myself but from others. Thus. I would like to ?nd out how far you were able to dctenninc you were missing
emails that referenced WL. Also. I know that you have added your AKO address. but we should also add a commercial address to
your list. Would you have a problem with that suggestion to alleviate this issue??

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angeli Street. #317
Providence. RI 02906

Toll Free: I 56

Local: (508) 689-t6l6

Fax: (508)689-9282



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

Defense_Unc|ass_Email_1528

02937783



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Sunday, March 11, 2012 3:43 PM

To: ?David Coombs'

Cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW SJA: Whyle. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Delivery of Documents

David,
Thank you. Please give me call and within 36 minutes of a call, I should be at my office.

v/r-
Ashden

Defense_Unc|ass_Emai|_1529

02564444
31279

From: David Coombs
Sent: Sunday. March I 1, 2012 3:42 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard. Paul PT
USARMY ?Santiago. Melissa CW2 USARMY

Morrow Ill, JoDean, CPT USA JFHQ-

Overgaard, Angel M. CPT USA

Whyte. Jeffrey H. CPT

Ford. Arthur D. W2













JFI-IQ-NCRIMDW SJA
USA SJA
USA SJA

Subject: Delivery of Documents



lam trying to reach CPT Bouchard to ammge for him to come to your ot?ce today to secure the classi?ed discovery. I have left a
message with him but have not heard back yet. Once I do. I will let you know.

Best.
David

David E. Coombs. Esq.

Law Off ice or David E. Coombs

ll Soutl1Angell StreeL #317
Providence. RI 02906

Toll Free: I-800-S88-H56

Local: (508) 6894616

Fax: (508) 689-9282



??Con?dentiality Notice: This transmission. including attachments. may contain confidential attorney-client inforrnatioti and is
intended for the person(s) or company mmed. 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 prohibitcdf"

Defense_Unc|ass_EmaiI_1530

02564440
31280

From: David Coombs
Sent: Sunday. March I l, 2012 3:45 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard, Paul PT
USARMY ;'Santiago, Melissa CW2 USARMY
Morrow Ill, JoDean, PT USA JFHQ-
SJA Overgaard, Angel M. CPT USA
SJA Whyte, Jeffrey H. CPT
USA SJA Ford. Anhur D. CW2
USA SJA

Subject: RE: Delivery of Documents














Not a problem. If I am unsuccessful in reaching PT Bouchard. will the Govemment be delivering the classi?ed discovcr_\' first thing
Monday morning??

Best.
David

David E. Coombs. Esq.

Law Ol?cc of David E. Coombs

ll South Angel! StneeL #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-1616

Fax: (508)689-9282



"?Con?dentialit_v Notice: This transmission. including attachments. may contain con?demial 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.
Umuthorized disclosure. copying or use of this infomiation may be unlawful and is proliibitcdf"

Defense__UncIass_Emai|_1531

02937777



From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday, March 11, 2012 3:46 PM

To: ?David Coombs'

Cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford,
Anhur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Delivery of Documents

David,

Once the team gets in tomorrow morning, we will Figure out a way to get the material up there
before Lunch.

v/r
Ashden

Defense_U nc|ass_Email_1532

02564435
31282

From: David Coombs

Sent: Sunday, March I l, 2012 3:48 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes rn>; 'Bouchard. Paul PT













USARMY ?Santiago, Melissa 5 CW2 USARMY
Morrow JoDean, PT USA 117110-
SJA Overgaard, Angel M. CPT USA
SJA Whyte. Jeffrey H. CPT
USA SJ Ford. Arthur D. CW2
USA SJA

Subject: RE: Delivery of Documents

Ashden.

Thank you. I will let _\ou know as soon as I hear from CPT Bouchard. If he does not respond before I900. we go with
tomorrow before I300.

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) 689-86 I6

Fem: (508) 689-9282



Notice: This transmission. including attachments. may contain con?dential attorney-client infonnation and is
intended forthe person(s) or company named. If you are not the intended recipient. please lI0llf_\' the sender and delete all copies.
Unauthorized disclosure. copying or use of this infomiation may be unlawful and is prohibited."?

Defense_Unclass_Email_1533

02564431
31283










From: David Coombs

Sent: Sunday, March H, 2012 6:07 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes 'BouchaId. Paul CPT

USARMY US ?Santiago, Melissa CW2 USARMY
Morrow JoDean, PT USA 117110-
Overgaard. Angel M. CPT USA

SJA Whyte, Jelfrey H. CPT
USA SJA Ford. Anhur D. CW2
USA SJA
Subject: RE: Delivery of Documents

Paul would like to come to the office to pick up the classified discovery. He is attempting to call you now. If he doesn't reach you.
please ctil him in
Best.
David

David E. Coombs Esq.

Law Office of David E. Coonbs

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

Toll Fiee: I-800-588-4t56

Local: (508) 689-4616

Fax: (508) 689-9282

mvw.annyooutunanialde!ense.oom

??Con?dentitilit_v Notice: This transmission including attachments. may contain confidential attorney-client information and is
intended for the person(s) or company tamed. 11' you an: not the intended Incipient. please notify the sender and delete all copies.
Umuthonzed disclosure. copying or use of this infonnation may be unlawiful and is pmhmitedf"

Defense__Unelass_Email__1534



02937771

31284

From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Sunday. March 11. 2012 7:37 PM

To: ?David Coombs'

Cc: Matthew kemkes'; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW '0vergaand, Angel
M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA:
Ford, Anhur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Deiivery of Documents

David,

Paul and I just met at McNair and he has a copy of the unclassified CD and two CDs containing
the classified material. Additionally, I printed the classified material so you all can
easily reference it, although the CD5 will probably be easier.

v/r
Ashden

Defense_UncIass_EmaiI_?l 535

02564426
31285

From: David Coombs
Sent: Sunday. March l, 20l2 8:29 PM

To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes ?Bouchard. Paul PT
USARMY ?Santiago, Melissa 8 CW2 USARMY
Morrow ll JoDean CPT USA
. Angel M. CPT USA
Whyte. Jeffrey Ford. Anhur D. CW2
USA SJA
Subject: Delivery of Documents
Ashden

?unk you fot the update. and for mating with Paul today.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coonbs

ll Sueet. #317
Providence. RI 02906

Toll Flee:

Local: (508) 689-4616

Fax: (508) 689-9282

uww.annyooumnanialdefense.coIn

??Cou?deminlity Notice: This trammission. including attachments. may eontnin con?dential attomey-clicm information and is

intended for the petaoots) or company mined. lfyou axe not the intended recipient. please notify the sender and delete all copies.

Umutholized disclosure. copying or use of this information may be urlauful and is ptohibited.??

Defense_Unclass_Email_1 536

02945484

31286

From:
Sent:
To:
Cc:

Subject:

Attachments:

David,

Fein, Ashden CPT USA SJA

Monday, March 12, 2012 5:41 PM



Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Joshua Tooman'; ?Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Why1e. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford. Arthur D. CW2 USA Parra. Jairo A. W01
USA JFHQ-NCRIMDW SJA

Bailiff Script (UNCLASSIFIED)



we would like to present this proposed Baili-Ff script to the M3, to have it read before each
He drew all the language from Rule 19, Rules of Practice Before Army Courts-

day's session.

Martial.

v/r
Ashden

Any additions or objections?

Defense_Unc|ass_Emai|_1537

Thank you.

02945480

31287

From:
Sent:
To:

Cc:
Subject:

Thank you.

Defense_UncIass_Email_1538

Fein, Ashden CPT USA SJA

Monday. March 12. 2012 8:50 PM

David Coombs

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Joshua Tooman'; ?Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA Whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW Fond, Anhur D. CW2 USA JFHQ-NCRIMDW Parra. Jairo A. W01
USA JFHQ-NCRIMDW SJA

RE: Bailiff Script (UNCLASSIFIED)

02564424

31288






From: David Coombs

Sent: Monday, March I2, 20|2 8:50 PM

To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard. Paul CPT

il>; ?Joshua Tooman'
?Santiago, Melissa CW2 USARMY
Morrow Ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-
Whyte. Jeffrey H. CPT USA
Ford, Arthur D. CW2 USA
SJA arra, Jairo A. W01 USA
SJA

Subject: RE: Bailiff Script (UNCLASSIFIED)



?Die has no objection

Best.

David

David E. Coombs. Esq.

Law Ol?cc of David E. Counts

ll South Angeli Street. #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (308) 689-t6l6

Fax: (508) 689-9282



""Cont'idemiality Notice;T1tis transmission. including attachments.
contain confidcrlial attorney-cliem infonnation and is for the
pemon(s) or company named lfyou are not the intended tecipicnt. please
notify the sendcr and delete all copies. Umuthorized disclosum.
or use of this infonnation may be unlawful and is

Defense_Unc1ass_Ernail_1539

02564423
Previously in Encl 1

From: David Coombs

Sent: Tuesday, March 13, 2012 9:46 AM .
To: Fein, Ashden CPT USA SJA

Cc: Matthew kemkes 'Bouchard, Paul CPT










USARMY ?Joshua Tooman'

?Santiago, Melissa CW2 USARMY

Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA IFHQ-

Whyte, Jeffrey H. CPT USA
Ford, Arthur D. CW2 USA
,Parra, Jairo Subject: Email Address

Ashden.

I have created an email account for the govemment called

The password for the account I will be sending defense
reply motions today to your government addresses. Please respond so that I
know you that have received the reply motiom. In the future, unless
directed not to do so by the Court, I will send defense emails to the yahoo
address as well as your government addresses.

As I asked you several weeks ago, can you tell me what steps the govemment
has taken to ensure that it has received all previously blocked emails that
contained How far back did the govemment block emails with the
word?

Let me know if you have any questions.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angel] Street, #317

Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508) 689-9282



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

Defense_Unclass_Emai|_1540



02935666
Previously in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

sent: Tuesday, March 13. 2012 9:48 AM

To: David Coombs

Cc: Matthew kemkes; 'Bouchard. Paul CPT USARMY ?Joshua Tooman'; ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford. Arthur D. CW2 USA JFHQ-NCRIMDW Parra, Jairo A. W01
USA JFHQ-NCRIMDW SJA

Subject: RE: Email Address
Importance: High
David,

Please do not send any government document to a civilian account. Please send to our normal
email and include my AKO. This is a security issue that we can take up with the M3 this
week. Thank you.

v/r
Ashden

Defense__Unc|ass__Emai|_1541

02935663

Previously in Encl 1

From:

To:
Cc:

Subject:

Importance:

David,

Fein, Ashden CPT USA SJA

Tuesday, March 13, 2012 9:52 AM

David Coombs

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Joshua Tooman'; ?Santiago,
Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA Whyie. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford. Arthur D. CW2 USA JFHQ-NCRIMDW Parra, Jairo A. WO1
USA JFHQ-NCFUMDW SJA

RE: Email Address

High

Additionally, I am working on getting you an answer to your question you asked last week on 6

March 2912 and asked again on this past Sunday.

The most e-F-Ficient way to ensure we receive

an email is to wait an hour replies that we received the email.
If not, then I recommend calling our o-F-Fice to confirm receipt and then we can go forward.

v/r

Ashden

Defense__Unciass_EmaiI_1542

02838582

31292

From:
Sent:
To:
Cc:

subject:

For your records.

Defense_Unc|ass_Email_1543

Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Tuesday, March 13, 2012 11:11 AM



Matthew kemkes; Bouchard, Paul CPT USARMY ?Joshua Tooman'; Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaand, Angel M. CPT USA JFHQ-NCRIMDW Why1e_ Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford, Arthur D. CW2 USA SJA

FW: Seal Order - Classi?ed Exhibits (UNCLASSIFIED)

02923688
31293

From: Pain, Ashden CPT USA SJA

Sent: Tuesday, March 13. 2012 8:06 PM

To:

Cc: Matthew kemkes; Mormw JoDean. CPT USA SJA
Subject: piease call

David,

Please call tonight if you can.

v/r?

Ashden

Defense_UncIass_EmaiI_1544

From: David Coornbs

Sent: Tuesday. March l3. 20l2 8:08 PM

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

USA SJA

Subject: RE: please call

Ashden.

Can issue wail for tornonow?? Or is it something that must be discussed

tonight??

Best.

David

David E. Coombs. Esq.

Law Office of David E. Coonbs

ll South Angeli Street. #317
Providence. RI 02906

Toll Free:

Local: (508) 6894616

Fax: (508) 689-9282



Notice: This transmission. including may
contain confulemial attorney-clien infonnation and is intended for the
persons) or company named lfyou are not the intended recipicrl, please
notify the and delete all copies. Unauthorized disclosrue. copying
or use of this information may be unlawful and is prohibitcd"?'

Defense_Unclass_Email_1545

02923690

Previously in Encl 1

From:
Sent:
To:

Cc:
Subject:

David,

Fein, Ashden CPT USA SJA

Tuesday, March 13, 2012 8:17 PM

David Coombs

Matthew kemkes; Mornow Ill, JoDean, CPT USA SJA
RE:measecaH

we have started reviewing your enclosures for the replies and it appears to contain similar
information that we have discussed be-Fore? relating a certain OCA by name to the actual

specification (the enclosures/attachments with your reply and the motions).

In our reply, we

enclosed the same email but provided a redacted form, yet in yours you kept the reference.

we need to warn everyone not to open the documents until tomorrow morning, until we consult

with the OCA.

I recommend you send an email to all parties asking them not to open any of

the documents until tomorrow morning, and then we can chat late tomorrow morning.

v/r
Ashden

Defense_Unclass_EmaiI_1546



02564420
Previously in End 1

From: David Coombs
Sent: Tuesday, March I3. 2012 9:l7 PM

To: Fein. Ashden CPT USA SJA

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

Subject: RE: please call

Ashden.

We looked mote closely. and I don?t see anything nefetencing the
orgnnintion in eitler of the documems you are concerned about The
footnote unit you believe applies does not sped: to a naned individual. but
rather tll: otganiation So. even under your beyond-strained reading of
the footnote. there is no pmblem heme.

Best.
David

David E. Cootnbs Esq.

Law Office of David E. Coonts

I I South Angel] Street. #317
Providemc, RI 02906

Toll Free: l-800-588-H56

Local: (508) 689-l6I6

Fax: (508) 689-9282

vnw-amIyooimmanialdefense.com

Notice: This including attachments. tnay
contain oonftdetlial attorney-clien information and is imended for the
pcrson(s) or company named lfyou me not the intended recipient. please
notify the senderand delete all copies Unauthorized disclosure. copying
or use of this infocmation may be unlawful and is

Defense_Unclass_Email_1547

02936496

31297
From: Fein. Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Wednesday, March 14, 2012 7:35 PM

To:

cc: Matthew kemkes; Paul Bouchard; ?Joshua Tooman'; Melissa Santiago; Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-NCRIMDW
Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford, Arthur D. CW2 USA JFHQ-
IVCFUNKAAISJA

Subject: Discovery

David,

Good evening. As you likely know, we delivered two copies of discovery discs to Paul this
we produced 66411367-66412613, which includes various documents from CID, open source
information referencing Mr. Lamo, the remaining material we were able to obtain referencing
the Reuter?s FOIA request and response, confinement documents, and miscellaneous other

documents.

we will update our Section disclosures next week, after we produce the approved portion
of the FBI file and there is a Court ordered classified information protective order.

v/r
Ashden

Defense_Unclass_Email_1548

afternoon. He did not send a copy to your office because we knew you would be in town today.

02564416
31298

From:

Sent: Wednesday, March 14, 2012 8:43 PM

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








USARMY Joshua Tooman
Melissa Santiago
Morrow ll]. .loDean. CPT USA SJA
Ov aard An el M. CPT USA JFHQ-

yte. Je?iey H. CPT USA
Ford. Arthur D. CW2 USA







SJA
SJA
SJA

Subject: RE: Spillage

Ashden,

Did the OCA state that there was a spillage? With regards to the new issue, can you tell me generally what this
is about?

Please feel free to call me at (-

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




??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

Delense_Unclass_Email_1549

02919663
31299

From: Fain, Ashden CPT USA SJA

sent: Wednesday, March 14, 2012 8:49 PM

To:

Cc: Matthew kemkes; Bouchard, Paul CPT USARMY Joshua Tooman; Melissa

Santiago; Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT
USA JFHQ-NCRIMDW SJA: Whyle. Jeffrey H. CPT USA JFHQ-NCRIMDW Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: spillage

David,
Spil1age~yes. No new issue, same issue of spillage, just another way of doing it- like we
spoke about yesterday? compilation of two documents in the same email, and ultimately when

one incorporates the other. If you would like to talk in more detail, please call on my BB.

v/r
Ashden

l3efense_Unc|ass_Email_1550

02564411
31300

From:
Sent: Wednesday, March 14, 20l2 8:5! PM

To: Fein, Ashden CPT USA sm

Subject: Re: Spillage

Please call me. I don't have your BB number with me. Thanks.
Sent from my Verizon Wireless BlackBen3'

Defense_Unclass_Emai|_1551



0256441 0

From:
Sent:
To:
Subject:

31301


Thursday, March 15, 2012 10:03 PM

Fein, Ashden CPT USA SJA

802

Ashden,

Did COL Lind give us a time for the 802 tomorrow?

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


se.com

*??"Confidentiality Notice; This transmission, including attachments, may contain con?dential 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_1552

02948310
31302

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday, March 15, 2012 10:18 PM

To:

cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA
Subject: Re: 802

She did not. we are finishing up prot order and will send tonight. I suggest we stand by at
0915 to go in or wait. Thoughts?

Vr ashden

Defense_Unc|ass_Emai|_1553

02564408
31303

From:
Sent: Thursday, March l5, 20l2 lO:37 PM

To: Fein. Ashden CPT USA SJA

Subject: 802

How about we both show up at 9:30?

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4l56

Local: (508) 689-46l6

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 infomiation may be
unlawful and is

Defense_Unc|ass_Emai|_1554

02948308

31304

From:
Sent:
To:
Subject:

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Thursday, March 15, 2012 10:37 PM


Re: 802

DONE. SEE tomorrow.

Defense_Unc|ass_Emai|_1555

02923014

31305

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

Attached is our updated protective order.

Fein, Ashden CPT USA SJA

Thursday. March 15. 2012 11:26 PM



Matthew kemkes; Bouchard, Paul CPT USARMY Joshua Tooman; Melissa
Santiago; Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaand, Angel M. CPT
USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Protective Order Update

Encl3-Protective Order 120315.docx

As we discussed today, we started with our last

version, tracked each concern you had and incorporated in changes from Diaz and Murphy. I
think we hit most of your concerns.

v/
Ashden

Defense_UncIass_Emai|_1556

02564407

31306
















From: David Coombs
Sent: Monday, March 19, 2012 11:55 AM
To: Fein, Ashden CPT USA SJA
Cc: Matthew kemkes 'Bouchard, Paul CPT
USARMY Tooman'
?Melissa Santiago?
Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA
Ford, Arthur D. CW2 USA
SJA
Subject: Email Issue
Ashden.

I wanted to see if you were able to find out anything on the email issue. I
am now getting bounce back emails to other military addresses that have
sent unrelated to the case. It appears that my email address must be on
some spam/block list. Hopefully, this is something we can correct in the

short term.

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



"'**Conl'rdentiality Notice: This transmissiort 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_Emai|_1557



02935639

31307
From: Fein, Ashden CPT USA SJA

sent: Monday. March 19, 2012 11:56 AM

To: David Coombs

cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Joshua Tooman'; ?Melissa

Santiago?; Morrow JoDean, CPT USA JFHQ-NCRIMDW CPT Angel Overgaard;
Whyte. Jeffrey H. CPT USA Fold. Anhur D. CW2 USA JFHQ-
NCRIMDW SJA

Subject: RE: Email Issue

David,

we have been working on this today and hopefully will have an update tomorrow. Are all your
emails being bounced back or just certain ones? we can receive yours, but can Paul and Josh
received them or MAJ Kemkes on his

v/r
Ashden

Defense_Unc|ass_Emai|_1558

02564405

31308










From: David Coombs
Sent: Monday, March I9, 20l2 I l:58 AM
To: Ashden cp-r USA sm
Cc: Matthew kemkes . 'Bouchard. Paul PT
USARMY US ;'Joshua Tooman'
?Melissa Santiago?
Morrow JoDean CPT USA SJA
- cl M. CPT USA JFHQ-
SJA Whyte, Jeffrey H. CPT USA
SJA Ford, Arthur D. CW2 USA
SJA
Subject: RE: Email Issue
Ashden.

It depends. Sometimes the emails go through and other times may do nor.
The fmsuatirg pan is that don't receive a failure notice for several

days

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll SoulhAn3cll Street. #317
Providence. RI 02906

Toll Free? 1-800-588-1156

Local: (508) 68946?)

Fax: (508) 689-9282



'?Corr?deruialrt_v Nouoe: This transmission. including attachments. may
contain oon?dernial attorney-clierl information and is intended for Lt:
person(s) or company mmed If you are not the imended recipient. please
unify the senderani delete all copies. Unaulhorizod disclosure. copying
or use of this infonnation may be unlawful and is prohibite?"?

Delanse_Unclass_Ernai|_1 559

02936263

Previously Sygl?gted in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Monday, March 19, 2012 10:33 PM

To: David Coombs .
Cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Joshua Tooman'; ?Santiago,

Melissa 8 CW2 USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW CPT
Anget Ovelgaand; Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford. Arthur D. CW2
USA JFHQ-NCRIMDW SJA

Subject: Discovery, etc.
Attachments: 120316-Court Protective 0rder.pdf
David,

The United States intends to produce multiple interim CCIU forensic reports. If using the
normal production process, we would deliver 2.7 million pages in classified discovery. Over
the past few months, we have been working to prepare these massive files for production. The
United States would like to offer two courses of action, to make this more efficient for the
defense and ultimately easier to identify the changes (if any) in the reports. Most of the
reports contain repetitive enclosures and attachments which are identical to the ones in the
final report.

Option 1: The United States produces all reports and enclosures with BATES numbers, but with
"htm" and 'html" files in a "zip" file. This production would total approximately 235,000
documents containing 1.2 million pages.

Option 2: The United States produces only the unique documents. we ran a MD5 hash program
against the final report and all the interim reports. we know which documents are unique and
which are not. This production would total approximately 550 unique documents containing
105,000 pages.

we leave this option up to the defense. our default is to produce the information as we
received it following the normal process. Please let me know which option the defense
prefers in order to make this more efficient.

-Break-

Attached is the Court protective order for classified information. Please have all members
of the defense team sign the acknowledgment and send back a scanned version.

-Break-

He are still working on obtaining a local government facility for you to work from and
hopefully I will have an answer by Wednesday.

v/
Ashden

Defense_Unc|ass_Emai|_1560

02556055
Previously Sgogiiged in End 1

From: David Coombs
Sent: Tuesday. March 20, 20|2 8:50 AM
To: Fein, Ashden MAJ USA SJA

Cc: Matthew kemkes 'Bouchard. Paul CPT USARM
?Joshua Tooman?





Angel M. CPT USA JFHQ-
. Jeffrey H. CPT







USA SJA ord, Arthur D.
CW2 USA SJA
Subject: RE: Discovery, etc.
Ashden.

A) Are the interim CCIU reports telated to the ?nal reports you luve
already provided in discovery? Or. are these ncpons unrelated to the ?nal
CC IU reports?

B) I will ensure that all members of the Defers: team sign the enclosed
protective order. and send a signed copy of the acknowledgement back to you.

C) Thank you for the update.

Can you provide me with an update on the email issues?? I am concened by
the fact you did not receive OOL Lind's email until Monday when she it
on Friday. I am also oonocmod that my email address is on some spamlblock
list. 11ianks.

Best.
David

David E. Coombs. Esq.

Law O?ice of David E. Coonbs

ll South ?3t7
Pmvidcnoq. RI A 02906

Toll Free:A I-800-S88-H50

Local: (508) 689-i6l6

Fax: (508) 689-9282



??Con?denli.ality Notice: This transmision. including attachments. may
contain oon?demal attorney-c_lietI infomiation and is intended for the
person(s) or company named.A lfyou_are not the inclined recipient. please
notify the senderand thletc all copies.A Unauthoriwd disclosure. coming
or use of this information may be unlawful and is prohibitot'L??

Defense_Unciass_Email_1 561

02564361

31311









From: David Coombs
Sent: Tuesday, March 20, 2012 8:50 AM
To: Fein, Ashden MAJ USA SJA
Cc: Matthew kemkes 'Bouchard, Paul CPT

USARMY ?Joshua Tooman'

?Santiago, Melissa CW2 USARMY
Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA

SJA Ford, Arthur D. CW2 USA

SJA
Subject: RE: Discovery, etc.
Ashden.

A) Are the interim CCIU reports related to the ?nal reports you have
already provided in discovery? Or. are these reports unrelated to the ?nal

CCIU reports??

B) I will ensure that all members of the Defense team sign the enclosed
protective order, and send a signed copy of the acknowledgement back to you.

C) Thank you for the update.

Can you provide me with an update on the email issues?? I am concerned by
the fact you did not receive COL Lind's email until Monday when she sent it
on Friday. I am also concerned that my email address is on some sparn/block

list. Thanks.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

1] South Angeli Street, #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (503) 689-9282



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

Defense_Unclass_Emai|_1562

02564391

31312










From: David Coombs
Sent: Tuesday, March 20, 2012 8:50 AM
To: Fein, Ashden CPT USA SJ A
Cc: Matthew kemkes 'Bouchard, Paul CPT
USARMY (U ?Joshua Tooman'
'Santiago, Melissa CW2 USARMY (U
Morrow Ill, JoDean, CPT USA
SJ A Overgaard, Angel M. CPT USA JFHQ-
SJA Whyte, Jeffrey H. CPT USA
SJ A Ford, Arthur D. CW2 USA
SJA
Subject: RE: Discovery, etc.
Ashden,

A) Are the interim CCIU reports related to the final reports you have
already provided in discovery? Or, are these reports unrelated to the ?nal

CCIU reports?

B) I will ensure that all members of the Defense team sign the enclosed
protective order, and send a signed copy of the acknowledgement back to you.

C) Thank you for the update.

Can you provide me with an update on the email issues? I am concerned by
the fact you did not receive COL Lind's entail until Monday when she sent it
on Friday. I am also concerned that my email address is on some spam/block

list. Thanks.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street. #3 I 7
Providence, RI 02906

Toll Free:

Local: (508) 689-46l6

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_Unc|ass_Email_1563

02842707

313$
From: David Coombs

Sent: Tuesday, March 20. 2012 8:50 AM

To: ?Fain, Ashden CPT USA JFHQ-NCRIMDW

Cc: ?Matthew kemkes'; 'Bouchard, Paul CPT USARMY ?Joshua Tooman?; ?Santiago,

Melissa CW2 USARMY ?Morrow JoDean. CPT USA JFHQ-NCRIMDW
Angel Overgaanf; Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW ?Fond, Arthur
- D. CW2 USA JFHQ-NCRIMDW
Subject: RE: Discovery. etc.

Ashden,

A) Are the interim CCIU reports related to the final reports you have already provided in
discovery? Or, are these reports unrelated to the final CCIU reports?

B) I will ensure that all members of the Defense team sign the enclosed protective order,
and send a signed copy of the acknowledgement back to you.

C) Thank you for the update.

Can you provide me with an update on the email issues? I am concerned by the fact you did
not receive COL Lind's email until Monday when she sent it on Friday. I am also concerned
that my email address is on some spam/block list. Thanks.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



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

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

Defense_Unc|ass_EmaiI_1564

02564402
31314

From: David Coombs
Sent: Tuesday. March 20. 20|2 I208 PM

To: Feinl Ashden cm? USA SJA

Subject: FW: Discovery, etc.

Ashdr.-IL
Just wanted to make sure that you ieceiwd the below message.

Best.
David

David E. Coombs. Esq.

Law Office ofDavid E. Coombs

ll South Angeli Street. #317
Providence. RI 02906

Toll Flee: I-800-588-H56

Local: (508) 689-4616

Fax: (508) 689-9282



Notice: This transmission. including attachments. may
contain confidctlial attomey-clietn infomiation and is intended for the
pctson(s) or company named. it? you are not the please
mtify the and all copies. Umuthoritcd disclosure. copying
or use of this information may be unlawful and is pmhibitct1"?

Defense_UncIass_EmaiI_1565

02842630

3135

From: David Coombs
Sent: Tuesday, March 20. 2012 1:08 PM
To:
Subject: 2 iscovery. etc.
Ashden,

Just wanted to make sure that you received the below reply message.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 82986

Toll Free: 1-800-588-4156

Local: (588) 689-4616

Fax: (588) 689-9282



"'Confidentia1ity 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_Unclass_Email_1566

02839391

31316

From: David Coombs
To:

Sent: Tuesday, March 20, 2012 4:44 PM

Subject: Read: More Email Issues

YOUP message

To: Unknown
Subject:

Defense_UncIass_Email_1567

02933116
Previously in End 1

From:
Bent: uesday, March 20, 2012 4:46 PM



Tm

Cc:

Subject: Re: W: Discovery. etc.
David,

As you probably figured out, yes our email is down and I did not receive your previous email.
I did receive your email dated 1412 today, to the I just forwarded a response. we can
not send emails right now on our NIPR and there is no cross over from AKO to NIPR.

To answer your questions below:

A) The interim reports are directly related to the forensic reports we provided. They are
the interim reports for those reports. The final reports were updated over time; however
interim reports were produced.

For email issues, we are pushing for an answer and will get one. Today's issue was weather
related, and the Spam filter is at a much higher level that we have already elevated. It is
clear that your email is not blocked otherwise we would not receive the emails and the
military defense counsel would not receive some of them. we are working to identify a
specific issue, if it exists, and if not, then understand the general issues and try to let
you know so you can fix it, if possible.

v/r
Ashden

Defense_Unc|ass_Email_1568

02842692
M318

From: David Coombs
Sent: Tuesday, March 20. 2012 5:40 PM

To:

subject: livery atus Not: ncatnon ailune)

Attachments: detaiIs.txt; RE: More Email Issues (4.59 KB)

Ashden,

I am now getting failure notices once I send my email. Below is the latest. I don't
understand why there are so many issues with the Government's email system. we need to get
this Fixed.

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



??Confidentia1ity 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_1 569

31319



From: David Coombs
Sent: Tuesday. March 20. 2012 5:40 PM

To: Fein, Ashden USA sm


Subject: FW: Delivery Status Noti?cation (Failure)
Attach: More Email lssuesmsg,
Ashden.

I am now getting failure notices once I send my email. Below is the latest. I don't understand why there are so many issues with the
Go\'enment's email system. We need to get this fixed.

Best.
David

David E. Coombs. Esq.

Law O?'ice of David E. Coombs

ll South Angell Street. #3 I7
Prm-idcnee. RI 02906

Toll Free: 1-800-588-1156

Local: (508) 689-4616

Fax: (508) 689-9282



Notice: This transmission. including attachments. may comain confidential attorney-client information and is
intended for the personts) or company named. If you are not the intended recipient. please notify the sender and delete all copies.
Unauthorized disclosure. cop) ing or use of this infonnation may be unlawful and is

Defense_UncIass_Emai|_1570

02937766
Previously in Encl 1

From: Fein, Ashden CPT USA SJA

Sent: Tuesday. March 20, 2012 8:08 PM

To: David Coombs;

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

NCRIMDW Morrow Ill. JoDean, CPT USA Matthew kemkes;


Subject: wety tatus on Ication (Failure)

David,

The reason you are getting it for some members of the team is that their mailboxes have not
been migrated yet and are still being fixed- this message has nothing to do with your
specific email, but all emails. This issue is being worked around the clock.

V/r
Ashden

Defense_Unc|ass_Emai|_1571

02842690
31 321


From: Fain, Ashden CPT USA SJA
Sent: Tuesday, March 20, 2012 8:08 PM
David
CC: Whyte. Jeffrey H. CPT USA Overgaard, Angel M. CPT USA JFHQ-

Momow Ill. Jooean. CPT USA Matthew kemkes;


Subject: elivery Status Noti?cation (Failure)

David,

The reason you are getting it for some members of the team is that their mailboxes have not
been migrated yet and are still being fixed- this message has nothing to do with your
specific email, but all emails. This issue is being worked around the clock.


Ashden

Defense_Unc|ass_Emai|_1572

02842704

3w22

From: David Coombs
Sent: Wednesday. March 21, 2012 8:17 AM
To:
Subject: nvery atus on ocat|on( ay)
Attachments: RE: Dlscovecy. etc. (4.39 KB)
Ashden,

Below is another example of Failure delivery notices. I received these this morning.

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: (sea) 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 prohibited.**"

Defense_Unc|ass_Emai|_1573

02842696

31323

From: David Coombs
Sent: Wednesday, March 21. 2012 8:19 AM
To:
Subject: uvery atus canon ay)
Attachments: detaiIs.txt; Compel Discovery (23.1 KB)
Ashden,

Here is the initial compel discovery email failure delivery notice. This notice was also
delivered a day late. As you can see, it successfully went to some of the recipients.
However, the majority of the recipients it was blocked for some reason.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02996

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282




**'Confidentia1ity Notice: This transmission, including attachments, may contain confidential
attorney-client information and is intended for the person(s) or company named. If you are
not the intended recipient, please notify the sender and delete all copies. Unauthorized
disclosure, copying or use of this information may be unlawful and is

Defense_Unc|ass_Email_1574

02564397

From:
Sent:
To:
Cc:

Subject:

31324

David Coombs
Wednesday. March 20l2 8:39 PM

'Fein, Ashden CPT MIL USA

Matthew kemkes
Fein, Ashden CPT USA SJA
Morrow Ill, JoDean, CPT USA SJA
Over d, An el M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA
;Patm Jairo A. W01 USA






SJA
IF HQ-NC A

FW: Discoveiy. etc.






Please ptovide the interim teports by way of Option 2. why were the
interim tepons ptovided at the time of the ?nal nepons?


David

David E. Coombs. Esq.

Law Office of David E. Coonbs

ll South Angeu sum #317
Providence. RI 02906

Toll Flee: l-800-588-H56

Loal: (508) 6894616

Fax: (508) 689-9282



Notice: This transmission. including attachments. may
contain con?detlial attorney-clietl information and is intended for the
pctson(s) or company namcd If you am not the intended recipient. please
notify the settler and chlete all copies. Unauthorized disclostne.
or use of this infomtation may be unlawful and is pIohibitcd.??

Defense_Unclass_EmaiI_1575

02842542
3n25

From: David Coombs
Sent: Wednesday, March 21. 2012 8:39 PM
To: 'Fein, Ashden CPT MIL USA MDW




Cc:

Subject: uscovery, etc.

Ashden,

Please provide the interim reports by way of option 2. BTW, why were the interim reports
provided at the time of the final reports?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, 3317
Providence, RI 82906

Toll Free: 1-888-588-4156

Local: (588) 689-4616

Fax: (588) 689-9282



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

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

Defense_UncIass_Email_1576

02933110
Previously in Encl 1


From: Fain. Ashden CPT USA SJA
Sent: Thursday, March 22. 2012 7:33 AM
To: David Coombs?; ?Fain. Ashden CPT MIL USA MOW
Cc: Matthew kemkes: Morrow m, JoDean. CPT USA JFHQ-
vergaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW Parra, Jairo A. W01 USA SJA
Subject: RE: FW: Discovery. etc.
David,

Based on your guidance, we will provide the information by only producing the unique
documents, as determined by those that do not have the same MDS hash as the final reports
previously produced. This will be a much more efficient process for you to receive and review
this documentation. The government's priority in discovery was to get the final reports to
the defense as soon as possible, and then focus on the interim reports. Based on the massive
amount of information and the many different file types, it has taken months to process the
interim reports, as this has been an ongoing process.

v/r
Ashden

Defense_Unclass_EmaiI_1577

02842537

31327

Faun:
Sent
To:
Cc:

Subject:

David,

Fein, Ashden USA SJA

Thursday. March 22, 2012 7:33 AM

David Coombs; Fein, Ashden CPT MIL USA MDW

Matthew kemkes; Morrow Jooean. CPT USA amo-
SJA: vergaam, Angel . USA JFHQ-NCRIMDW Whyle. Jeffrey H.
CPT USA SJA: Parra. Jaino A. wo1 USA SJA

RE: FW: Discovery. etc.

Based on your guidance, we will provide the information by only producing the unique
documents, as determined by those that do not have the same MDS hash as the final reports
previously produced. This will be a much more efficient process for you to receive and review

this documentation.

The government's priority in discovery was to get the final reports to
the defense as soon as possible, and then focus on the interim reports.

Based on the massive

amount of information and the many different file types, it has taken months to process the
interim reports, as this has been an ongoing process.

v/r
Ashden

Defense__Unc|ass_Emai|_1578

02935586
31 328

From: Fein. Ashden CPT USA SJA

Sent: Thursday. March 22, 2012 7:43 AM

To: ?Bouchard, Paul CPT USARMY Paul Bouchard
Cc: Parra. Jairo A. W01 USA JFHQ-NCRIMDW SJA
Subject: email test

Paul - did you get this email?

Defense_Unc|ass_Emai|_1579

02556083
3m29

From: Parra, Jairo A. W01 USA SJA
Sent: Thursday, March 22, 2012 8:41 AM

To:

Cc: Fein, Ashden CPT USA SJA
Subject: Email Issues (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

David,

I have spent a good amount of time trying to figure this e-mail issue out
(your e-mails do not reach all intended recipients) and have reach a point
where we need your help to resolve this issue. According to US Army Cyber,
DISA, and the 93rd Signal brigade, your e-mail address, name, and I.P.
address are not being blocked by any filter, spam blocker, or any other
security system they may have in place. As a result of this research and
findings, the only other way to find out what is stopping your e-mails from
coming through is to get copies of the bounce back notification, if any,
that you have received when e-mailing people. According to the experts,
those bounce back notifications may have information regarding where, when,
and how your massage is failing. with those e-mails bounce back
notifications the experts can identified if it is in fact an issue in the
Army's network or if it's an issue with your own ISP. If you would like to
continue down this road, please provide those e-mail bounce back as an
attachment to me in a separate e-mail (or you can just reply to this one)
and I will get them to the right people. Thank you!



JP

Jairo A. Parra

wo1, JA

Legal Administrator
MDN




- 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
1

Defense_Unc|ass_Emai|_1 580



02556083

31330

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Email_1580



02564393
31331
From: David Coombs
Sent: Thursday. March 22, 2012 8:47 AM
To: Parra, Jairo A. WOI USA SJ
Cc: Fein. Ashden CPT USA SJA
Subject: FW: Delivery Status Noti?cation (Failure)
Attach: More Email lssues.msg
Iticf.

I gave some of the failure delivery notices to PT Fein. I will forward the ones that I can (do not contain attorney-client messages).
Let me know if you med any others.

Best.
David

David E. Coombs. Esq.

Law Of?cc of David E. Coombs

ll South Angell Street. #317
Providence. RI 02906

Toll Free: I-800-588-H56

Local: (508) 6894616

Fax: (508)689-9282



Notice: This including attaclunents. ntay contain confidential attome_\ -client infonnation and is
intended for the person(s) or company minted. If you are not the intended recipient. please notify the sender and delete all copies.
Umuthorizod disclosure. cop) ing or use of this information may be unlawful and is

Defense_UncIass_EmaiI_1581

02564389
31332

From: David Coombs
Sent: Thursday, March 22, 2012 8:48 AM

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

Subject: FW: Delivery Status Noti?cation (Delay)
Attach: Discovery, etc..msg

A nothcr example

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angeli Street. #317
Providence. RI 02906

Toll Free:

Local; (508) 689~l6I6

Fax: (508)689-9282

mm'.armycounmanialdct'cnse.com

Notice: This transmission including attachments. may contain confidential attome_v-client infonnation and is

intended for the petson(s) or company mmed. If you are not the intended recipient. please notify the sender and delete all copies.

Umuthorized disclosure. cop) ing or use of this infomiation may be unlawful and is prohibited!"

Defense_Unclass_Email__1582

02935584



31333

Fein, Ashden CPT USA JFHQ-NCRIMDW SJA
Thursday. March 22, 2012 9:00 AM

?Paul Bouchard'; Bouchard, Paul CPT USARMY (US)
Parra, Jairo A. W01 USA JFHQ-NCRIMDW SJA

RE: email test

what about from work email? And didn't you mean "Yes. Sir."

Defense_Unc|ass_Emai|_1583

02564388
31334

PM Bwchard



Sent: Thursday, March 22, 2012 8:58 AM
To: Fein. Ashden CPT USA SJA
Bouchard. Raul CPT USARMY (US)

Cc: Parra, Jairo A. won USA SJA
Subject: Re: email test

Yes.



Paul

Defense_Unclass_Emai|_1584



02564385

31335

From: David Coombs
Sent: Thursday. March 22, 2012 9:00 AM

To: Parra. Jairo A. WOI USA SJ

Cc: Fein, Ashden CPT USA S1 A

Subject: FW: failure notice

Another example

David E. Coombs Esq.

Law O?ice of David E. Coonbs

ll South Angel] Street. #3 I7
Providence. RI 02906

Toll Ftee:

Local: (508) 6894616

Fax: (508) 689-9282



'"CoII'identiality Notice: This transmission Including attachments. may
contain oon?denial attorney-clien infonnation and is intended for the
petson(s) or company named [fyou am not the imendcd recipient.
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infonnation may be unlawful and is pmhibited.?"

Defense_UncIass_Email_1585

02564375
31336



From: David Coombs
Sent: Thursday. March 22, 20l2 9:01 AM

To: Parra, Jairo A. WOI USA SJ

Cc: Fein. Ashden CPT USA SJA

Subject: FW: failure notice



David E. Coombs. Esq.

Law Office of David E. Cooubs

I I South Angeli Street. #3 I 7
Providence. RI 02906

Toll Free: 1-800-5884 I56

Local: (508) 689-t6|6

(508) 689-9282



Nouoc: This transmission including attachments. may
oonlain oon?detnial attontcy-clicm information and is intended for the
person(s) or company mined. lfyou am 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_1586



31337

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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