Title: Volume FOIA 097

Release Date: 2014-03-20

Text: 31338

Volume 97 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

02564370



31339



From: David Coombs
Sent: Thursday. March 22, 2012 9:02 AM

To: Parra, Jairo A. W01 USA SJ

Cc: Fein. Ashden CPT USA A

Subject: FW: failure notice

Chief.

Let me know ifyou need more examples.

Best.
David

David E. Coombs. Esq.
Law 0?'iee of David E. Coonbs
ll Souih Angel! Sueei. #3l7

Pmwidetne. RI 02906
Toll Free: 1-800-588-8156

Local: (508) 689-l6l6

Fax: (508) 689-9282



Notice: This uansinission including allachmenls. may
contain con?deninl morney-clien infonnaiion and is intended for the
person(s) or company mined. lfyou are not the imended recipient. please
notify the seiner and delele all copies. Unauhoiized disclosure. copying
or use of this infonnaiion may be unlawful and ?s piohibi1ei1'"'

Defense_Unelass_EmaiI_1587

02564369

Bouchard. Paul CPT USARMY

From:

Sent: Thursday. March 22, 2012 I AM

To: Fein. Ashden CPT USA SJA
Subject: RE: email test (UNCLASSIFIED)

31340

Classi?cation: UNCLASSIFIED

Cavealsz FOUO

yes

Defense_Unclass_Emai|_1588

02564368

From: Bouchard. Paul CPT USARMY (us)

Sent: Thursday. March 22, 2012 9: I6 AM
To: Fein. Ashden CPT USA
Subject: RE: email test (UNCLASSIFIED)

31341

Classi?cation: UNCLASSIFIED
Caveats: FOUO

Sir. Yes Sir.


Paul

Defense_Unclass_Emai|_1589

02924767

Previously Subgyged in Encl 1

From: Fein, Ashden CPT USA JFHQ-NCRIMDW SJA

Sent: Thursday. March 22. 2012 11:59 AM

To: ?David Coombs'

Cc: Matthew kemkes; Bouchard. Paul CPT USARMY 'Toornan, Joshua CPT USARMY

?Santiago, Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-

NCRIMDW Overgaard, Anel M. CPT USA JFHQ-NCRIMDW SJA: Whyte, Jeffrey H.

CPT USA JFHQ-NCRIMDW Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: OCA Contact Info

David,

As for the defense's request to speak with the Ambassador Kennedy and the OCA for
Specification 3 and 15 of Charge II, please follow the below procedures. I spoke with each
entity and below is the information they relayed.

Ambassador Kennedy. Reference 22 CFR Part 172. Submit a request IAN Part 172, but ensure
you look over the entire section, it is very short. The POC and address is listed in the
regulation, and so are the factors they consider. The request should be addressed to "To
whom it may Concern" and please place the following three individuals in the CC line of the
letter: (1) Mr. John Blanck; (2) Mr. Jason Mehta; (3) Major Ashden Fein, US Army. Once you
mail the request, to the address provided, please provide me a scanned copy. The prosecution
will forward the digital copies to each individual in CC line and then the prosecution will
track its progress at the Department. If there are any issues, then we will be the conduit
between State and the defense. It is my understanding that the key is to ensure the request
is properly routed is to comply with the administrative procedures under Part 172.

The OCA for Specification 3 and 15 of Charge II. Please refer to their Touhy regulations,
which I found through Google or I can provide you via a phone conversation. Although they
prefer the request to be classified, they understand that you will likely submit an
unclassified document. If unclassified, ensure that you vaguely refer to any specific facts
that are attributable to this 0CA's employer. Unless you make this a classified request, do
not use the Organization's name, any employee's name, references to the CFR that are
attributable to the Organization, or direct references to any task force or assessment that
does or does not exist. You may reference a task force or assessment (if they exist) with a
disclaimer, such as "The defense submits this request to show the OCA for Specification 3 and
15 of Charge II will which is related to any assessment which may have been
completed." This request should be addressed to "Brian G., office of the General Counsel."
Once you complete the request, please send the request to me (unclassified scan is fine) and
the prosecution will submit the request on your behalf directly to the Organization via
secure email. The prosecution will track its progress at the Organization. If there are any
issues, then we will be the conduit between the Organization and the defense.

Please let me know if you have any questions. Also, we have reviewed our records and you
should have the contact information for all the remaining 0CAs or other senior officials you
have asked for in the past. If not, then please send me a list so that we may continue to
assist.

Thank you!

v/r
Ashden

Defense_Unc|ass_Emai|_1590





02941321
31343
From: Fein, Ashden CPT USA SJA
Sent: Thursday, March 22. 2012 2:16 PM
To: David Coombs
Cc: Matthew kemkes; Bouchard. Paul CPT USARMY Santiago. Melissa CW2
USARMY Monow Ill, JoDean. CPT USA Overgaand, Angel M.
CPT USA Whyle. Jeffre H. CPT USA Ford
Arthur D. USA JFHQ-NCRIMDW sm
Subject: RE: Court Order to Secu?ty Officer and Data: ecun xpo
Attachments: 120320-Order to C80 and Secutity Experts.docx
David,

Attached is the updated order. Please take a look and let us know. Thanks!

v/r?
Ashden

Defense__Unc|ass_EmaiI_1591

02846833



From: Fein, Ashden CPT USA JFHQ-NCFUMDW SJA
sent: Thursday, March 22, 2012 2:16 PM

To: David Coombs

cc: Matthew kemkes; Bouchand. Paul CPT USARMY Santiago, Melissa CW2

USARMY Morrow Ill, JoDean. CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Fond.
Arthur 0. CW2 USA SJ il

Subject: RE: Court Order to Secutity Of?cer and Detat ed cunty pens CLASSIFIED)
Attachments: 120320-Order to CS0 and Security Experts.docx
David,

Attached is the updated order. Please take a look and let us know. Thanks!

v/r
Ashden

Defense_Unc|ass_EmaiI_1 592









02564365
31345

From: David Coombs

Sent: Thursday, March 22, 2012 2:42 PM

To: Fein, Ashden MAJ USA SJA

Cc: Matthew kemkes 'Bouchard. Paul CPT
USARMY ?Santiago, Melissa CW2 USARMY

Morrow JoDean, CPT USA IFHQ-

SJA Over aard, Angel M. CPT USA
SJA Whyte. Jeffrey H. CPT
USA SJA Ford. Arthur D. CW2
USA SJA

Subject: Court Order to Seairity Of?cer and Detailed Security Experts (UNCLASSIFIED)



I don't see any issues with the older.

Best.
David

David E. Coombs. Esq.

Law of David E. Coonbs

ll South Angeu Street. #317
Providcmc. RI 02906

Toll Free: I-800-588-S I56

Local: (508) 689-8616

Fax: (508)689-9282



?"Confidcntialit_v Notice: This transmission. including ma)
contain con?dcrlinl attorney-clicn information and is intended for the
pcrson(s) or company named. lfyou are not the intended recipient. please
notify the am d:|ctc all copies. Unatnhotized disclosure.
use of this information may be unlawful and is ptohibite(1?"

Defense_Unclaas_Email__1 593

02846829
3m46


From: David Coombs
sent: Thursday. March 22. 2012 2:42 PM
To: ?Fain, Ashden CPT USA
Cc: Matthew kemkes': 'Bouchand, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY ?Morrow JoDean, CPT USA 'Ovengaatd, Angel
M. CPT USA 'Why1e. Jame H. CPT USA
?Ford, Anhur 0. CW2 USA il

subject: RE: Coud Order to Secunty Of?cer and Detailed Secumy SIFIED)

Ashden,
I don't see any issues with the order.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-880-588-4156

Local: (508) 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 prohibited."*

Defense_U nclass_Email_1 594

02564363
31 347

From:

Sent: Thursday. March 22, 20l2 4:53 PM

To: Fein, Ashden MAJ USA SJA
Subject: Re; Discovery (UNCLASSIFIED)



Plcasc fomald my Itsporsc email re: Brady lo COL Lind. Thanks.
Best.

David
Sent from my Verizon Wireless Black?cm

Defense_Unclass_EmaiI_1595

31348

From: David Coombs

Sent: Friday, March 23, 20l2 I I125 AM

To: Parra, Jairo A. WOI USA SJ

Cc: Fein. Ashden MAJ USA SJA

Subject: FW: Delivery Status Noti?cation (Failure)

Attach: Discovery, etc..msg

hicr.

Just received seven separate failure notices. Please provide me with an update on this isme when you can. Thanks.

Best.
David

David E. Coombs. Esq.

Law Office of David E. oombs

11 South Angeli Street. #317
Providence. RI 02906

Toll Free: l-800-588-ll5(>

Local: (508) 6894616

Fm: (508)689-9282




Notice: This transmission including attachments. may contain con?dential attomey-client infomtation and is
intended for the person(s) or compan} named. lfyou are not the intended recipient. please notify the sender and delete all copies.
Umuthorized disclosure. copying or use of this infomtation be unlautul and is prohibited.?"

Defense_Unclass_EmaiI_1596

02564357

31349



From: David Coombs
Sent: Friday, March 23, 20l2 I 1:25 AM

To:

Subject: FW: Delivery Status Noti?cation (Failure)

Attach: Discovery, etc. (4.39 KB).msg

hief.

Just received seven separate failure notices. Please provide me with an update on this issue when you can. '|'hanks.

Best.
David

David E. Coonibs. Esq.

Law O?ice of David E. Coombs

ll South Angeli Street. #3l'7
Providence. RI 02906

Toll Free: l-800-588-H56

Lomlz (508) 68946 I6

Fax: (308) 689-9282



Notice: This uansmission. including attachments. may contain confidential attorney-client infonnation and is
forthe personts) or oorrparty mmed. If you are not the intended recipient. please notify the sender and delete all copies.
Umuthorizcd disclosure. copying or use of this infomtation may be unlawful and is pmlubited!?

Defanse_Unclass_Email_1597

02564354
31350




From: David oombs
Sent: Friday, March 23, 2012 1:27 AM

To: Parra, Jairo A. WOI USA SJA

Cc: Fein, Ashden USA SJA
Subject: FW: Delivery Status Noti?cation (Failure)

Attach: Compel

hief.

Another example. indicating that it is the server that is the issue.

Best.
David

David E. Coombs. Esq.

Lam (mice of Daxid If

1 I South Angeli Street. #317
Providence. RI 02906

Toll Free:

Local: (508) 689-4616

Fax: (508) 689-9282

rurrn)

Notice: This transmission, including attachments, may contain cunlidcntinl uttomcy-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 ofthis inl'ormntion may he tinlawtiil and IS prohibited

Defense_Unc|ass_Email_1 598

02564351
31351



From: David oombs
Sent: Friday, March 23, 2012 I 1:27 AM

To:

Cc:

Subject: FW: Delivery Status Not ication (Failure)

Attach: de1ai|s.txt; Compel Discovery (27.5 KB).msg

hicf.

Another example. Clea?y indicating that it is the Army?: server that is the muc

Best.
David

David E. Coomhs, Esq.

Law Office of David E. Coombs

ll South Angel] 10!?
Providence, RI 02906

Toll Free: l-mo-S88-4|S6

Local: (50x)m9.4mr?

(508) 689-9282

mm .umyeoumnanialdefense.cun

Notice: This transmission. including attachments. may contain con?dential attomey-client mfonnation and is
intended for the pa3on(s) ut company named. If you one not the intended recipient, please notify the sender and delete all copia
Unauthorized disclosure. copying or use of this information may be unlawful and is ptohibitcd.?'

Defanse_Unc|ass_Email_1 599

02556040
3n52

From: Parra. Jairo A. W01 USA SJA

Sent: Ftiday. March 23. 2012 12:13 PM

To: David Coombs

Cc: Fein, Ashden MAJ USA SJA

Subject: RE: Delivery Status Noti?cation (Failure) (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

David,

Please follow these instructions. They are still trying to work this out at
the highest levels and urgency within DISA.

Message sent by Mr. Isbell Director, Fort Meade, NEC:

"Please have Mr Coombs try and send an email to me as a test. Have him put
Example 1 in the subject and in the body of the message. If it gets bounced,

please have him forward the response to you and then you can forward it to me.
The CTNOSC needs a current bounce to verify. Have him send the email to

v/r,
JP

Jairo A. Parra

N01, JA

Legal Administrator
JFHQ-NCR, POW




- 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_EmaiI_160O



02564350
31353




From: David Coombs
Sent: Friday, March 23, 2012 12:16 PM

To=

Cc: Parra, Jairo A. W01 USA S1 A

Fein, Ashden USA SJA

Subject: Example 1

Example I

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


?"Con?dentiality Notice: This transmission, including attachments, may contain con?dential attomey-client
information and is intended for the person(s) or company named. lfyou are not the intended recipient, please

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

Defense_Unclass_EmaiI_1601

02564349 1
31354

From: Bouchard, Paul CPT USARMY (US)

Sent: Friday, March 23, 2012 5:33 PM
To: Fein, Ashden MAJ USA SJA
Subject: Automatic reply: Defense's Release of Court Filings

I am TDY from Dec. 2-5. I can be reached at immediate assistance please
Contact Ms. Jones at!-


CPT Paul Bouchard
Defense Counsel

Defense_Unc|ass_Email_1602

02564348
31355












From: David Coombs
Sent: Friday, March 23, 2012 6:14 PM
To: Fein, Ashden MAJ USA SJA
Cc:
Morrow Ill, JoDean,

CPT USA SJA

Angel M. CPT USA SJA

Whyte, Jeffrey H. CPT USA SJA
Subject: SIPRNET access update
Ashdert

Please provide an update on your attempts to secure SIPRNET access for me
near my office. Thanks.

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-client infomtation and is intended for the
pcrson(s) or company named. 11' you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure, copying
or use of this information may be unlawful and is

Defense_UncIass__Emai|_1603



02838517

31356





From: David Coombs
Sent: Friday, March 23, 2012 6:14 PM
To: ?Fain, Ashden CPT USA
Cc:
?Morrow JoDean, CPT USA
'Overgaard, Angel M. CPT USA JFHQ-NCRIMDW 'Whyte, Jeffrey H. CPT USA JFHQ-
?Ford, Arthur 0. CW2 USA
Subject: SIP access update
Ashden,

Please provide an update on your attempts to secure SIPRNET access for me near my office.
Thanks.

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: (568) 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_U nc|ass_EmaiI_1604

02564347











31357
From: David Coombs
Sent: Monday, March 26, 2012 8:25 AM
To: Fein, Ashden MAJ USA IF I SJA
Cc:

?Melissa Santiago? Morrow JoDean, CPT USA
SJA Overszaard, Angel M.
CPT USA SJA -
Jeffrey H. CPT USA SJA ord.
Arthur D. CW2 USA SJA
Subject: 802


What time do you want to do the 802 with COL Lind. am available anytime
on Tuesday or Wednesday.

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angeli Street, #317
Providence, RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax; (508) 689-9282



**?Con?dentiaIity 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 infomtation may be unlawful and is

Defense_Unclass_Email_1605

02948311

31358

Subject:

David,

Just catching up on emails.

hours.

v/r
Ashden

Defense_UncIass_Emai|_1606

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Monday, March 26, 2012 8:28 AM

David Coombs

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 SJA: Ford. Anhur D. CW2 USA JFHQ-
nunamaovvsu?x



How is Wednesday at 1366? we will setup a bridge to last for 2


















02564345
31359
From: David Coombs
Sent: Monday, March 26, 2012 8:31 AM
To: Fein. Ashden MAJ USA SJA
Cc: Matthew kemkcs 'Paul Bouchard'
'Melissa Santiago? Morrow Ill, .loDean, PT USA
SJA
CPT USA SJA
Jeffrey H. CPT USA A Ford,
Arthur D. CW2 USA SJA
Subject: 802


That works for me.

Best.
David

David E. Coombs. Esq.

Law Ol?cc of David E. Coombs

ll South Street. #317
Providence. RI 02906

Toll Free:

Local: (508)689-4616

Fax: (508) 689-9282



?"Con?dcntiality

Notice: This transmission including attachments. may

contain oon?dcnial attorney-clicm information and is intended for the
pcrson(s) or company named. If you am not the intended please
mtify the sender and delete all copies. Unauthon'/cd disclosure. copying
or use of this infomtation may be unlawful and is pmhibited!?

Defense_Unclass_EmaiI_1607



02918043

31360

From: Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Monday, March 26. 2012 9:55 AM

To: David Coombs

Cc: Matthew kemkes; 'Bouchand, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaani, Angel M.

CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Touhy Request

David,

Did you already send this request to the mailing address? If not, please let me know when
it's in the mail, so that I can then forward the digital copy.

v/r?
Ashden

Defense_U ncIass_EmaiI_1 608

02913040

31361

From:
Sent:
To:
Cc:

Subject:

Perfect.

Defense_U nclass_Emai|_1609

Thank you.

Fein, Ashden MAJ USA SJA

Monday, March 26, 2012 9:57 AM

David Coombs

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago. Melissa CW2
USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Ange! M.
CPT USA Whyle. Jeffrey H. CPT USA Fold.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Touhy Request

02564343

31362











From: David Coombs

Sent: Monday. March 26. 20l2 9:56 AM

To: Fein, Ashden MAJ USA SJA

Cc: Matthew kemkes 'Bouchart1 Paul CPT
USARMY ntiago, Melissa CW2 USARMY
(US) Morrow JoDean, CPT USA JFI-IQ-
SJA Over aard, Angel M. CPT USA
SJA yte. Jeffrey H. CPT
USA SJA Ford. Arthur D. CW2
USA A

Subject: RE: Touhy Request

Aslidcn.

Sent by Fed Ex on Friday.

Best.

David

David E. Coombs. Esq.

Law Office ol'David E. Coonbs

I I South Angeli Street. #3 I7
Providence. RI 02906

Toll Free: I-800-588-H56

Local: (508) 689-4616

Fax; (508) 689-9282

mm'.amryooumnar1ialdefense.oom

?"Con?dcmiality Notice: This transmission. including attachments. may
contain oonfiderlial attorney-clien infonnation rind is intended for the
person(s) or company named. lfyou are not the imended recipient. please
mtify the seiner and delete all copies. Unauthorized disclosure.
or use of this information may be unlawful and '5 prol1ibited??

Defense_U nclass_Emai|_161O

0291 6002



31363

Defense_Unclass__EmaiI_161 1

Subject:

Attachments:

Importance:

Gentlemen:

Fein, Ashden MAJ USA SJA

Monday, March 26. 2012 10:24 AM

'Ganiel. Charles CIV Hall Cassius Mr FMMC Boardman, Gerald Mr
CIV USA DCS 'Prather, Jay CIV

David Coombs; Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa
CW2 USARMY Morrow Ill. JoDean. CPT USA JFHQ-NCRIMDW SJA: Overgaard.
Angel M. CPT USA Whyie. Jeffrey H. CPT USA JFHQ-NCRIMDW
SJA: Ford, Arthur (Court Order)

120322-Order (CS0 and Security Experts).pdf

High

As designated security experts, please read the attached Court order and send me confirmation

that you have received and read.

v/r
MAJ Fein

Thank you!

02925805

31364

From:
Sent:
To:
Cc:

Subject:

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Monday, March 26, 2012 10:29 AM

David Coombs

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2
USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard. Angel M.
CPT USA SJA: Whyie, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford,
Arthur D. CW2 USA SJA

Movement

ENFORCEMENT SENSITIVE

David,

The prosecution was just notified that your client will be moving back to the JRCF on

Nednesday.
motions hearing.

Please let us know what day and time you would like him back before the next

As always, the government will fund any military defense counsel and/or experts to travel to

LVN-CAC, if needed.

v/r
Ashden

Defense_UncIass_EmaiI_1612

They just need to complete DTS.

02564337
31365











From: David Coombs

Sent: Monday, March 26, 2012 10:40 AM

To: Fein, Ashden MAJ USA SJA
?Ganiel, Charles CIV a assrus . MC
(F TMYER) oar man, Gerald Mr CIV USA

DCS 'Prather, Jay CIV

Cc: Matthew kemkes 'Bouchard, Paul CPT

antiago, Melissa CW2 USARMY
orrow JoDean, CPT USA JFHQ-
)vergaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT
Ford, Arthur D. CW2


USA
USA SJA

Subject: RE: US v. PFC BM (Court Order)

Attach: Ganiel Protective Order Mar 201 2.pdf; Bouehard Protective Order Mar 201 2.pdf; Hall
Protective Order Mar 201 2.pdf; Smith Protective Order Mar 201 2.pdf; Tooman
Protective Order Mar 20l2.pdf

Ashden,

Here are the signed protective orders for most of the defense team. I will
send you the remaining orders once I receive them.

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



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

Defense_U ncIass_EmaiI_1613

02915998



From: Fein, Ashden MAJ USA SJA

Sent: Monday, March 26. 2012 10:42 AM

To: David Coombs; 'Ganie|, Charles CIV Hall Cassius Mr FMMC
'Boardman, Gerald Mr CIV USA DCS 'Prather, Jay CIV

Cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa 8 CW2

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

Subject: RE: US v. PFC BM (Court Order)

Thank you.

Defense_U nc|ass_Emai|_1614

02564335

31367

From: David Coombs

Sent: Monday, March 26, 2012 10:43 AM

To: Fein, Ashden MAJ USA sm
Subject: Read: US v. PFC BM (Court Order)

Attach: Read_ US v. PFC BM (Court Order).txt

Defense_Unc|ass_Email_1615

02564334











31368
From: David Coombs
Sent: Monday, March 26, I l:0I AM
To: Fcin, MAJ USA SJA
Cc: :'Bouchard. Paul CPT USARMY
?Santiago, Melissa CW2 USARMY
omow Ill, JoDean, PT USA SJA
Ovcrgaard. Angel M. CPT USA SJA
Why1e, Jeffrey H. CPT USA SJA
Fold. Arthur D. CW2 USA SJA
Subject: RE: Movement
Ashden.

Thank you for the hands up regarding this movement. I would like to sea: PFC
BM at the TDS oi?ces al I Jmon 23 April. Please have mm returned on the
latest dale available in order to accommodnlc this naqucst.

Best.
David

David E. Coomhs. I-Zsq.

Law Omcc ol?Duvid E. Coombs

I I South Angel] Street. l3I7
RI 02906

Toll Fnac; 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



Notice: This transmission. including attachments, may
conlnin con?denlhl attorney-client mfonnalion and is intended for the
penon(s) or company? named. If you me not the mlmded nacipiem, please
notify the and delete all copies. Unauthorized disclosure, copy ing
or use of this infomuuon may be unlawful and is

Delense_Unc|ass_EmaiI_1616

02564332
31 369

From: David Coombs

Sent: Monday, March 26, 2012 3:14 PM

To: Fein, Ashden MAJ USA A
Subject: Read: Forensic Review

Attach: Read_ Forensic Review.txt

Defense_Unc!ass_EmaiI_1617

02564331

From:
Sent:
To:
Cc:

Subject:

--

31370

David Coombs
Monday, March 26, 2012 3:57 PM
Fein, Ashden MAJ USA SJA

Matthew kemkes
USARMY

SJA

SJA
USA SJA
USA IF SJA

DGCS-A Approved Programs














com>; 'Bouchard, Paul CPT

?Santiago, Melissa CW2 USARMY
Morrow Ill, JODean, CPT USA JF HQ-

Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT
Ford, Arthur D. CW2

Ashden.

I know that I have several CONs for the DCGS-A. However, I don't believe
that I have a list of all approved programs for the DCGS-A. If so. please
provide with me with the Bates for this document. If several different
documents comprise the total list of authorized programs, please provide me
with the Bates for each document. 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 attorney-client information and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this information may be unlawful and is

Defense_Unc|ass_Emai|_1618

02555977
31371

From: Parra, Jairo A. W01 USA SJA

Sent: Monday, March 26, 2012 4:28 PM

To: David Coombs

Cc: Fein, Ashden MAJ USA SJA

Subject: RE: Example 1 (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

I spoke with Terry today and he explained to me the issues outlined in his
e-mail below. According to his e-mail and explanation, we may not have the
perfect solution but an effective workaround. The bottom line is that when
e-mailing someone in the @.mail.mil domain in conjunction with the
domain you MUST have the @.mail.mil e-mail address in
the line and the in the line. My
understanding of the issue (I'm not all that smart in computers) is that
this is due do with DNS server not relaying information properly. If you
have any further questions please feel free to contact me or Mr. Isbell and
we will continue to work this issue. I will continue to update you on the
status of the issue as they (Northcom and DISA) will continue to work until
this issue is completely resolve without having to work around it. My
suggestion, although not required, is that you send an e-mail with the
instructions and guidance provided in this e-mail to ensure that they in
fact work. Thanks!

V/rt

JP

Jairo A. Parra
N01, JA

Legal Administrator
JFHQ-NCR, 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_Unclass_EmaiI__1619

02564329
31372

From: David Coombs

Sent: Monday, March 26, 2012 5:51 PM

To: Fein, Ashden MAJ USA IF I SJA
Subject: Read: Personal Security

Attach: Read_ Personal

Defense_U nc|ass_EmaiI_162O

02564327

31373

From: David Coombs

Sent: Monday, March 26, 2012 6:10 PM

To: Fein, Ashden MAJ USA IF SJA
Subject: Read: Personal Security

Attach: Read_ Personal Security.txt

Defense_UncIass__EmaiI_1621

02917491
31374

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Tuesday, March 27, 2012 9:51 AM

To: David Coombs

Cc: Matthew kemkes; Bouchand, Paul CPT USARMY Santiago. Melissa CW2

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

Subject: RE: Update

Attachments: 120103-Excludable Delay Memorandumpdf

Document attached .

Defe nse_U nclass_Emai|_1622

02917495

3m75
From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, March 27, 2012 9:50 AM

To: David Coombs

Cc: Matthew kemkes; Bouchard, Paul CPT USARMY Santiago, Melissa CW2

USARMY Morrow Ill, JoDean, CPT USA Overgaard, Angel M.
CPT USA Whyte, Jeffrey H. CPT USA Ford,
Arthur D. CW2 USA SJA

Subject: Update

David,

This email serves as an update answer to many questions you have asked over the past two
weeks.

1. Government Emails. The prosecution has been able to recover emails from last fall that
were blocked either because of the term "wL" or for other reasons. we have also been in
close contact with any Government agency that might have information that could be considered
Brady and it is clear that any material would have been highlighted when sent to us. when we
search records, we never assume we received information over email.

2. LIOs. we intend to give you our position after the next round of motion, but generally
we are intending to ask for instructions for LIOs.

3. Excludable Delays. The last accounting we have for excludable delays is attached (dated
3 Jan 12). The only other excludable time that we are tracking after 15 December 2011, is
what the Article 32 I0 excluded and included in his I0 Exhibits.

4. Government Facility. we are working with DIILS and the to determine the best
location for you to work. Both have positive and negatives, and once we get the approvals,
then we intend to present both to you for your selection. However, this is prefaced on us
receiving approval from the organizations for you to have workspace at each location and an
individual assigned to be your conduit for SIPRNET. we are concurrently working with both
organizations and hope to have an answer before the end of the week. while this coordination
is occurring, we are preparing another complete batch of classified discovery and acquiring
the IT equipment and other resources to send up to the final destination.

5. Client Meeting. we will coordinate to have PFC BM brought to the TDS offices at Fort
Meade at 1300 on 23 April and will work to have him brought back on the latest date
available.

6. DCGS-A Authorized Software. The software list for the programs authorized on DCGS-A
starts at BATES 00412500. The attestation certificate should be included.

7. Data Set Classification. we are still working with relevant 0CAs to confirm the
classification of different datasets, pursuant to our discussions with the M3 in chambers and
your email focused on the press release.

8. Re-Production of Discovery. As per your request before the previous motions hearing, we
are working to re-produce all the unclassified (and classified listed above) for you and the
defense.

9. CCIU Interim Forensic Reports. we are finalizing our production of these documents. The
number has decreased based on the hash value comparison. I asked SGT waybright to write a
MFR explaining his process so that you can see how he whittled down the unique documents.

1

Defense__Unclass__Emaii_1623 1



02917495

31376

19. OCA Contact Information. The prosecution received your DOS request and forwarded the
request to both gentlemen in the CC line. Once DOS receives your request, I am supposed to
be notified and will relay the information back. As I receive updates, I will pass them
along to you. Do you still intend to submit the other request to the OCA for Specifications
3 and 15 of Charge After reviewing our previous emails and documents, it appears you
have the contact information for all the other 0CAs, are there any other 0CAs that you do not
have contact information for?

Please let me know if there is anything else?
Thank you.

v/r
Ashden

Defense_Unclass_Emai|_1623

02935300
31377

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Tuesday, March 27. 2012 10:40 AM

To: David Coombs; Parra. Jairo A. W01 USA SJA
Subject: RE: Example 1 (UNCLASSIFIED)

David,

we are still working on Fixing the issue.

v/r?
Ashden

Defense_Unc|ass_Emai|_1624

02564321
31378

From: David Coombs
Sent: Tuesday. March 27, 2012 l0:40 AM




To: Parra, Jairo A. WOI USA SJ
Cc: Fein. Ashden MAJ USA SJA
Subject: RE: Example 1 (UNCLASSIFIED)

Chief.
Thank you. 1 will incorporate the wotkamund

Best.
David

David E. Coombx Esq.

Law Office of David E. Coorrbs

ll South Angel] Street. #317
Ptmidciioc. RI 02906

Toll l-?tee: 1-800-588-4156

Local: (508) 689-46 l6

Fax: (508) 689-9282



??Con?dcntiality Notice: This transmission. including attachments. may
oontain con?dctlial attorney-clicrl infomulion and is intended for the
petsonts) or company named. If you are not the imended recipient. please
notify the sender and dcletc all copies. Unauthonzcd disclosure. copying
or use of this infomuition may be unlawful and '5 pIDhibilcd."?

Defense__Unclass_Email_1625

02564318

Previously in Encl 1










From: David Coombs

Sent: Tuesday, March 27. 20l2 l0:42 AM

To: Fein. Ashden MAJ USA SJA

Cc: Matthew kemkes 'Bouchard. Paul PT
USARMY ?Santiago. Melissa CW2 USARMY
Morrow JoDean, CPT USA IFHQ-
SJA Over aard, Angel M. CPT USA
SJA Whyte. Jeffrey H. CPT
USA SJ Ford. Arthur D. CW2
USA SJ

Subject: RE: Update

Ashden.

Thank you for the update. You must have read nry mind. because I was just
about to send you another entail on many of these

l) OCA Contact: I do have contact information for each of the civilian
0CAs. I intend to stbmit a Touhy request for the OCA for Spec 3 and I5 of
Charge ll. However. I still need the best way forward to contact the
0CAs. Although I leave entail addresses for eazh I imagine that they would
likely war! me to coordinate with an aide before reaching out directly to
them. Please advise on that issue.

2) LlOs: Gerrerally. what Ll0s do you see? I realized that this may be
wishful thinking but perhqac we can present a j?i? request for
irstructiors for the charged offenses and the identified LlOs - or as joint
as we can possibly accomplish?

3) Goverrunem Facility: Either will be fine with me.

4) DCGS-A: ??ts documeri is from 2009. lsthis the latest and only
documeri detailing the approved software on the

5) Personal Have you been able to dismiss my intended post with

the

Best.
David

David E. Coombs Esq.

Law Office of David E. Coorrbs

11 South Angeli Street. #317
Providence. RI 02906

Toll Free: l-800-588-H36

Local: (308) 689?t6l6

Fax: (508) 689-9282



"?Cont?identia1ity Notice: This transmissiort including attacltments.
contain eon?derlial Itomey-clien information and is intended for the
pcrsonts) or eompany named lfyou are not the intended please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this information may be unlawful and is prohibited"?

Defense_Unelass_Email_1626











02564315
31380

From: David Coombs

Sent: Tuesday, March 27, 2012 10:47 AM

To: Fein, Ashden MAJ USA SJA

Cc: Matthew kemkes 'Bouchard, Paul CPT
USARMY ?Santiago, Melissa CW2 USARMY
Morrow JoDean, CPT USA JFHQ-
NC Dvergaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT
USA Ford, Arthur D. CW2
USA SJ A

Subject: Protective Orders

Attach: Aimistead Protective Order Mar 20l2r.pdf; Lakes Protective Order Mar 20] 2.j pg



Here are two more signed protective orders.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

I 1 South Angell Street, #317
Providence, RI 02906

Toll Free: l-800-588-4156

Local: (508)689-4616

Fax: 689-9282



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

Defense_UncIass_Email_1627

02923004

31381

From:
Sent:
To:
Cc:

Subject:

Thank you.

Defense_Unc|ass_Emai|_1628

Fein, Ashden MAJ USA SJA

Tuesday, March 27, 2012 10:56 AM

?David Coombs'

Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa 8 CW2
USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW SJA: Why1e. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Protective Orders



02917487

Defense_Unc|ass__Emai|_1629

M382
From: Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA

sent: Tuesday, March 27, 2012 11:12 AM

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 Whyte, Jeffrey H. CPT USA Ford,
Arthur D. CW2 USA SJA

Subject: RE: Update

David,
Answers updates are below:

1) OCA Contact: we will reach out to the different 0CAs to determine if they want you to go
direct through email addresses or through POCs. we have assumed that you are/will contact
them through their email addresses.

2) LIOs: we will have to get back to you on this. I hope we can find joint resolution on
as many as possible!

3) Government Facility: I expect to have a proposed solution this afternoon.

4) DCGS-A: To best of our knowledge, this document is the only one at issue. It was in
effect at the time PFC BM was in theater and had access to the machines. we did not obtain
any others based on the charged misconduct. The other documents previously produced were not
the actual software lists for DCGS-A but rather the CON for the DCGS-A itself.

5) Personal Security: The command has no security issues with your proposed 1ine-
Manning will be held at the JRCF at Fort Leavenworth, Kansas until the next Article 39(3)
session." Additionally, we recommend that all mail still go to the Company and the command

will ensure it is routed to the appropriate facility, then any family/supporters/etc.
will have clarity and predictability on the mailing address. when you put out information,
could you please emphasize that all mail still be sent to the previously provided address and
the command will ensure its delivery to PFC BM.

Thank you.

v/r
Ashden

02564314

31383












From: David Coombs

Sent: Tuesday, March 27, 2012 4:11 PM

To: Fein, Ashden MAJ USA IF SJA

Ce: Matthew kemkes 'Bouchard, Paul CPT
USARMY antiago, Melissa CW2 USARMY
Morrow JoDean, CPT USA JFHQ-
NC Overgaard, Angel M. CPT USA
JA Whyte, Jeffrey H. CPT
USA SJA Ford, Arthur D. CW2
USA SJA

Subject: DOJ Discovery

Ashden.

I was hoping that you could clarify something for me - have you provided the
discovery you said you would provide at p. 7 of your Response to Defense
Motion to Compcl Discovery regarding the Department of Justice
investigation? 1 don't recall receiving this, but just wanted to be sure I

hadn't missed it.

If you have not yet provided it, then:

1. When will you provide it??
2. What will you provide and not provide??
3. What legal standard are you using to detennine

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

1] 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 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 infonnation may be unlawful and is

Defense_U nclass_EmaiI_1630



02936103

Previously in Encl 1

From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, March 27, 2012 6:52 PM

To: David Coombs

Cc: Matthew kemkes; 'Bouchard. Paul CPT USARMY ?Santiago, Melissa 5 CW2

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

Subject: RE: DOJ Discovery

David,

we have provided the defense all the material we have from Do] (warrants and 18 USC 2793
material), and any remaining information is part of the FBI file. On 16 Mar 12 and after the
Court ordered protective order was in place, we provided the defense the majority of the
material which is classified from the FBI investigative file. This information includes
material that is subject to warrants and 18 USC 27e3(d) orders. we will continue to provide
additional material as we receive approvals.

Based on the military judge's ruling and the FBI file being outside of military authorities,
the United States will produce all information that is discoverable under RCM 701(a)(6),
unless we assert the privilege and then we will provide the privileged information to the
military judge for an in camera review.

v/r
Ashden

631



Previously in End 1

From: David Coombs
Sent: Tuesday. March 27, 20l2 6:58 PM
To: Fein, Ashden MAJ USA SJA

. 'Bouchard. Paul CPT












Cc: Matthew kemkes

USARMY US ?Santiago. Melissa CW2 USARMY
Morrow JoDean, CPT USA IFHQ-
SJA Over aard. Angel M. CPT USA

SJA Whyte, Jeffrey H. CPT
USA SJA Ford. Arthur D. CW2
USA SJA

Subject: RE: DOJ Discovery

Ashden.

I am speci?cally referring to the Grand Jury materials. Does the
Government irlend to provide this material. If so. when will you provid:
this material?? if you interul to only provide a portion what portion will
you provide and not provide? Finally. what legal standard will you use to
decide which Grand Jury materials to provide?

Best.
David

David E. Coombs Esq.

Law Olfice of David E. Coorrbs

ll South Angeli Street. #317
Providence. RI 02906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282

wmv.amrycounmanialdeferise.com

?'Cortl'tderIialit_v Notice: This transmission. including attaclunents. may
contain con?derlial attorney-clieu infonnation 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 Uriautliorized disclosure. copying
or use of this information rnay be unlawful and is prolubited.??

Defense_Unclass_EmaiI__1632

02564305





31386
From: David Coombs
Sent: Tuesday. March 27, 20l2 7:l7 PM
To: Fein. Ashden MAJ USA SJA
Cc: 'Kemkes, Matthew MAJ USARMY
'Bouchard, Paul CPT USARMY
Melissa CW2 USARMY Morrow Ill,





JoDean, CPT USA
Overgaard. Angel M. CPT USA IFHQ-NC DW SJ A

Whyte, Jeffrey H. PT USA
Fond, Arthur D. CW2 USA
SJA Prather. Jay CIV

Subject: RE: Protective Orders 2 of 3







I only mccivai 2 of 3. The email arrived an hour a?cr you otiginally sent
it.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angeli Street. #317
Pmvidenec. RI 02906

Toll Free: I-800-588-H56

Local; (508) 689-46l6

Fax: (508) 689-9282



??Con?dentiality Notice: This transmission. including attachments. may
contain oonfideilial attorney-cliem information and is intended for the
person(s) or company named. lfyoti ate not the intended recipient. please
mtify the senderand delete all copies. Unauthorized disclosure. copying
or use of this infonnation may be unlawful and is pIohibited.?"

Defense_Unclass_Emai|_1633

02922769



31387

Subject:
Attachments:

3a

Defense_U nc|ass_Email_1634

Fein, Ashden MAJ USA SJA

Tuesday, March 27, 2012 7:20 PM

David Coombs

'Kemkes, Matthew MAJ USARMY 'Bouchard. Paul CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA:
Overgaard. Angel M. CPT USA whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford. Arthur D. CW2 USA JFHQ-NCRIMDW 'Prather. Jay CIV
FW: Protective Orders 3 of 3



02922795



31388

Subject:
Attachments:

1b

Defense_Unc|ass__Emai|_1635

Fein, Ashden MAJ USA SJA

Tuesday, March 27, 2012 7:20 PM

David Coombs

'Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford, Arthur D. CW2 USA JFHQ-NCRIMDW ?Prather, Jay CIV
FW: Protective Orders 1 of 3

Protective Order for LES Infonnation (Coombs).pdf;
Protective Order for Classi?ed Inforrnation.pdf; Protective Order for
Classi?ed Information (Coombs).pdf; 100728-GCMCA Protective Order.pdf

02922816

31389

From:
Sent:
To:
Cc:

Subject:

Attachments:

1a

Defense_Unc|ass_Email_1636

Fain, Ashden MAJ USA JFHQ-NCRIMDW SJA

Tuesday, March 27, 2012 7:19 PM

David Coombs

'Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA Whyte. Jeffrey H. CPT USA
NCRIMDW Ford. Arthur D. CW2 USA JFHQ-NCRIMDW 'Prather. Jay CIV
FW: Protective Orders 1 of 3

Protective Order for SecArrny 15-6.pdf; Protective
Order for Sec.Arrny 15-6 (Coombs).pdf; Protective Order for LES
lnformation.pdf

02922753 I

31390

From: Fein. Ashden MAJ USA SJA

Sent: Tuesday, March 27, 2012 7:20 PM

To: David Coombs

cc: 'Kemkes, Matthew MAJ USARMY 'Bouchand. Paul CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA JFHQ-
Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA: 'Prather. Jay CIV

Subject: FW: Protective Orders 3 of 3
Attachments: 10-330-M-O1-Order to Sea|.pdf; 10GJ3793.pdf
3b

Defense_Unc|ass_Emai|_1637

02922745



31391

From:
Sent:
To:
Cc:

Subject:

Your welcome.

Defense_Unclass_Emai!_1638

Fein, Ashden MAJ USA SJA

Tuesday, March 27, 2012 7:23 PM

David Coombs

'Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
Ford. Arthur D. CW2 USA 'Pralher. Jay CIV
RE: Protective Orders 3 of 3

02564298
31 392





From: David Coombs
Sent: Tuesday, March 27. 20l2 7:23 PM
To: Fein, Ashden USA siA?>
Cc: 'Kemkes, Matthew 1 USARMY
'Bouchard, Paul CPT USARMY US
Melissa CW2 USARMY

JoDean, CPT USA A







Whyte. Jeffrey H. PT USA
Ford, Arthur D. CW2 USA
?Prather. Jay CW

Subject: RE: Protective Orders 3 of 3

have received all thnx. Thanks.
David

David E. Coombs Esq.

Law O?ice of David E. Coonbs

ll South Angell Street. #3 17
Providence. 02906

Toll Free: l-800-588--H56

Local: (508) 689-46 I6

Fax: (508)689-9282



""Con?dentiality Notice: This transmission. including attachments. may
contain confiderlial attorney-cliem infonnation and is intended for the
person(s) or company named. lfyou are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure.
or use of this infomiation may be unlamful and is pmhibited""

Defense_Unclass_Emai|_1639

02932755

M393
From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, March 27, 2012 7:27 PM

To: David Coombs

Cc: 'Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY 'Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA

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

Ford, Arthur D. CW2 USA 'Prather, Jay CIV
Subject: Government Facility in RI

David,

we have been in coordination with DIILS and the to determine the best location for the
defense team to have a work area for ?classified information." Both locations are willing to
support the defense team with their requirements; however, both locations are not equally
equipped at the present time.

Based on the prosecution providing the defense the needed IT equipment (computer printer)
and possibly providing a dedicated safe, the following support was requested from both
facilities:

1. Office space for you and possibly members of the team to handle classified material and
work in a private setting with minimal interruptions.

2. A safe to hold collateral material, including CD5, a standalone laptop, paper,
office supplies, etc.

3. A point of contact, to be appointed to the defense team, to act as a conduit for
sending/receiving SIPRNET emails and to send/receive classified information through the


DILLS:

- DILLS will identify a SIPRNET individual.

- DILLS will identify a separate room where the defense could have access to classified
material.

- DILLS will provide a storage location (safe) to store legal documents, laptop, and attorney
WP.

DILLS does not have a SIPRNET scanner, but is capable of having one installed.

BLUF: DILLS will require more coordination and time to adequately execute this mission.

NNC

- NWC identified a SIPRNET individual that is available most business days between 0790-1539.
- NWC identified a location where the defense could have access to classified material.

- will provide a Storage location (safe) to store legal documents, laptop, and attorney
WP .

- NWC does have a SIPRNET scanner ready to be used by the SIPRNET individual.

- NWC will assist in coordinating access to the (Naval Station) facilities for
individuals without CAC cards to avoid delays in gaining access to the facilities, e.g.
defense experts. some prior coordination may be required-prior notice.

BLUF: with some minor additional coordination, will be ready to execute this mission in
the very near future.

I know DILLS is what you preferred but NNC seems better equipped and ready without many
resourcing issues. Please let me know if you have a preference so we can consider it and
continue moving the ball forward with final approvals and moving equipment.

Defense_Unc|ass_Emai|_1640

02932755 I
31394

v/r
Ashden

Defense_Unclass_EmaiI_1640

02564295
31 395

From: David Coombs
Sent: Wednesday, March 28, 2012 8:32 AM

To: Fein, Ashden MAJ USA SJA
Morrow Ill, JoDean, CPT USA SJ A

Overgaard, Angel M. CPT USA JFHQ-
SJA

Cc: Prather, Jay CIV (US) Kemkes, Matthew MAJ
USARMY (US il>; ?Bouchard, Paul CPT USARMY

?Joshua Tooman'
Santiago, Melissa CW2 USARMY (US)








Subject: FW: Classified Filing

Ashden,

We have three classi?ed attachments to our UMC motion. I tried to coordinate with Mr. Prather to determine
the best process to provide him with these attachments. Based upon his response, it appears that electronic
submission would be the most convenient.

Unfortunately, due to my lack of SIPRNET access, CW2 Santiago being on convalescent leave, MAJ Kemkes
at ILE, and CPT Bouchard at TDS training the Defense does not have the ability to submit the documents
electronically. I would like for the Government to simply send the referenced documents to Mr. Prather and the
Court. Do you have any issues with doing so?

The three classi?ed attachments are:
a. SD Card Forensic Report, Bates 00125319-31;
b. PFC Manning?s Primary SIPRNET Computer Forensic Report, Bates 0021 1037-110; and
c. PFC Manning?s Personal Computer Forensic Report, Bates 00124283-362.

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
mm



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

Defense_Unc|ass_EmaiI_1641

02942758
31396

From: Fein, Ashden MAJ USA SJA

Sent: Wednesday, March 28, 2012 8:34 AM

To: David Coombs

Cc: Prather, Jay CIV Kemkes, Matthew MAJ USARMY '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. Anhur D. CW2
USA SJA

Subject: RE: Classi?ed Filing

David,

we do not have an issue with sending those BATES pages. we will prepare the documents today
to be sent tomorrow.

v/r
Ashden

Defense__Unc|ass_Emai|_1642

02564294
31397

From: Tooman, Joshua us/mm (Us)

Sent: Wednesday, March 28, 2012 8:35 AM
To: Fein, Ashden MAJ USA SJA
Subject: Automatic reply: Classified Filing

I will TDY at Fort Riley, KS Tuesday, March 27 - Friday, March 30th. If you need immediate assistance please contact Mr.

Eddie Young at Thank you.

Defense_UncIass_EmaiI_1643










02564288
31398

From: David Coombs

Sent: Wednesday. March 28, 20l2 8:37 AM

To: Fein, Ashden MAJ USA siA?>

Cc: 'Prather. Jay CW 'Kemkes. Matthew MAJ

USARMY 'Bouchard, Paul CPT USARMY
?Joshua Tooman?
'Santiago, Melissa 8 CW2 USARMY
Morrow Ill. JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA
SJA Ford, Arthur D. CW2 USA
SJA

Subject: RE: Classi?ed Filing

Ashden.

Thank you.

Best.

David

David E. Coombs. Esq.

Law Office of David E. Coonbs

II South Angel! Street. #317
Providence. RI 02906

Toll Free:

Local: (508) 6894616

Fax: (508)689-9282



Notice: This transmission. including attaclunents. may
contain oonfidcilial attorney-cliem infomiation and is intended for the
person(s) or company named. lfyoo axe not the intended recipient. please
notify the settler and delete all copies. Unauthorized disclosure. mpying
or use of this information may be unlawful and is

Defense_Unclass_EmaiI_1644



02564287

31399

From: David Coombs
Sent: Wednesday, March 28, 2012 8:40 AM

To: Fein, Ashden MAJ USA SJA

Subject: Email regarding DOS

Ashden,

Ijust want to make sure that you received my email from last night regarding the DOS damage assessment. If
not, I will resend it to you. If so, please forward it to COL Lind. 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



Notice: This transmission, including attachments, may contain confidential attomey-client
infonnation 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

Defense_UncIass_EmaiI_1645

02935589

31400

From: Fein. Ashden MAJ USA SJA I
Sent: Wednesday, March 28, 2012 8:45 AM

To: David Coombs

Cc: Matthew kemkes; 'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2

USARMY ?Joshua Tooman'; Monow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Whyle, Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Email regarding DOS

David,

we did not receive your email. Please re?send.

Also, after reviewing your email to request we provide the M3 and CS0 with copies of the
classified material, it appears that you are having ex parte conversations emails with Mr.
Prather. As per the court's direction at the arraignment, please include the government on

all your communications. Thank you.

v/r
Ashden

Defense_U nclass_EmaiI_1646

02564285
31401

From: David Coombs
Sent: Wednesday. March 28, 2012 8:58 AM

To: Fein, Ashden MAJ USA











Cc: Matthew kemkes . 'Bouchard, Paul PT
?Santiago, Melissa CW2 USARMY
?Joshua Tooman'
Morrow Ill. JoDean, PT USA
Over aard. Angel M. CPT USA JFHQ-
;Whyte, Jeffrey H. CPT USA
SJ Ford. Arthur D. CW2 USA
SJA
Subject: RE: Email regarding DOS
Ashden

I did not consider the administrative conversation seeking how Mr. Pmther
would like to receive the attachments to be ex parte. This conversation is
no ditTerent than other such purely administrative conversation that
frequently happen between TC and or and defense. However. I will
glally imlude you on any ftlure adntinistrative questions.

Best.
David

David E. Coombs Esq.

Law Office of David E. Cootrbs

ll SouthAngel| Street. #317
Providence. RI 02906

Toll Free: I-800-588-4 I 56

Local: (508) 6894616

Fax: (508) 689-9282



'"Confidentialir_v Notice" This transmission including attachments. may
contain oon?derlial attorney-clierl infonnation and is intended for the
person(s) or company named lfyou are not the intended recipient. please
notify the sender and delete all copies. Uruiuthorrwd disclosure. copying
or use of this infomiation may be unlawful and is pmhibiIed"?"

Defense_Unctass_EmaiI_1647

02564281
31402

From: David Coombs

Sent: Wednesday, March 28. 20l2 8:59 AM

To: rem, Ashden MAJ USA sm
Subject: FW: Government Clari?cation Request Re: Dept. of State

Attach: TestimonyKennedy2O I 103 I O.pdf

Ashden,

Below is the email, along with attachment. that I sent yesterday.

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
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_EmaiI_1648

02555711
3Mo3

From: Parra, Jairo A. W01 USA SJA
sent: Thursday, March 29, 2012 8:56 AM

To: David Coombs

Cc: Fein, Ashden MAJ USA SJA
Subject: RE: Badges (UNCLASSIFIED)

Attachments: Encl 9 (DES Form 192 Personal

Classification: UNCLASSIFIED
Caveats: FOUO

David,

Please read below and follow the outlined steps. This information is being
sent by the Director of Emergency Services (DES) at Fort Meade.

Here are the steps for Mr. Coombs? family to get a visitor's badge.

Please FWD the attachment to Mr. Coombs.
Have him fill out one copy for each family member. For unit info, he can
list his business.
He then emails all copies to Mr. Cartagena
(VCC OIC) runs all the names ru .
Mr. Cartagena will then email Mr. Coombs notifying him of the approved names
(should be all of them if there are no criminal histories).
Mr. Coombs has his family go to the VCC (Visitor's Control at the Reece
Rd gate) with govt ID cards to have their photos taken and badges issued.
NOTE: Mr. Coombs does NOT need to be present at the VCC.
NOTE 2: we can accept a Canadian passport for a govt. photo ID.

NOTE 3: The visitor's badge will be good for 6 months from date of
issue.

Any questions please let me know. Thank you!
v/r,

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.

1

Defense_UncIass_EmaiI_1649





02555711

31404

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

Defense_U nclass_Email_1 649

02555709
3Mo5

From: Parra. Jairo A. W01 USA SJA

sent: Thursday, March 29, 2012 10:22 AM

To: David Coombs

cc: Fein, Ashden MAJ USA SJA

Subject: FW: HDIB: Cleaning cached Addresses in MS Outlook (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

David,

Please read the message below. Apparently this may also play a part into
the e-mail issues. Please see if you are able to follow the steps below.
At this point, we need to try everything and hopefully we will fix this
issue.

v/r,

JP

Jairo A. Parra
N01, JA

Legal Administrator
JFHQ-NCR, IVDN




IV



- 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_EmaiI_1650



02921 746

31406

From: Fein, Ashden MAJ USA SJA

Sent: Thursday, March 29. 2012 4:52 PM

To: David Coombs

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

Tooman'; ?Santiago, Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA JFHQ-

Ovengaard. Angel M. CPT USA SJA: Whyte. Jeffrey H.

CPT USA SJA: Ford. Arthur D. CW2 USA SJA

Subject: Reciprocal Discovery Request
Attachments: 120329-Govemmenl Reciprocal Discovery
David,

Attached is the Government's reciprocal discovery request.

v/
Ashden

Defense_Unc|ass_Emai|_1651

02564276

31407

From: David Coombs
Sent: Thursday. March 29, 2012 4:55 PM
To: Fein, Ashden MAJ USA SJA











Cc: 'Kemkes, Matthew MAJ USARMY (U
?Joshua
?Santiago. Melissa CW2 USARMY
now JoDean, CPT USA
SJA Angel M. CPT USA JF HQ-
SJA hyte. Jeffrey H. CPT USA
SJA Ford, Arthur D. CW2 USA
SJA
Subject: RE: Reciprocal Discovery Request
Ashden

Thank you. I will provide a Defetsc response shonly.

Best.
David

David E. Coombs. Esq.

Law O?ice of David E. Cooirbs

ll South Angeli Street. #317
Pmvidencc, RI 02906

Toll Free:

Local: (508)689-4616

Fax: (508)689-9282



Notice: 'niis transmission. imluding attaclunents. may
contain confidential attorney-clicm information 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. copying
or use of this information may be unlawful and is prohibited!?

Detense_Unc|ass_EmaiI_1652















02564275
31408
From: David Coombs
Sent: Thursday, March 29, 2012 7:09 PM
To: ein, Ashden MAJ USA SJA
Cc: 'Prather, Jay CIV 'Kemkes, Matthew MAJ
'Bouchard, Paul CPT USARMY
?Joshua Tooman'
. ?Santiago, Melissa CW2 USARMY
Morrow JoDean, CPT USA
SJ A Overgaard. Angel M. CPT USA JFHQ-
SJA Whyte, Jeffrey H. CPT USA
SJ A Ford, Arthur D. CW2 USA
SJ
Subject: Redactions
Ashden.

I am in the process of conducting my redactions. I would like to get the
Government's position on whether you would have any objection to the

following:

a) Quoting statements by Government counsel during arguments:

b) Quoting from Government Pleadings;

e) Quoting emails from the to the Coun andlor the Defense: and
d) Quoting Court Rulings.

Best.
David

David E. Coombs, Esq.

law Office of David E. Coombs

ll South Angell Street, #317
Providence, RI 02906

Toll Free: I-800-588-4156

Local: (508) 689-46] 6

Fax: (508) 689-9282



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

Defense_Unc|ass_Emai|_1653

02921722
Previously in Encl 1

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Thursday. March 29, 2012 8:38 PM

To: David Coombs

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

Tooman'; ?Santiago, Melissa CW2 USARMY Morrow JoDean. CPT USA JFHQ-

NCRIMDW SJA: Ovengaard. Angel M. CPT USA Whyte. Jeffrey H.

CPT USA Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Redactions

David,

The government has no objection to a and below because those are matters of public record,
so long as they are accurate. Depending on what is written in and c, the government might
have an objection.

v/r
Ashden

Defense_Unclass_Emai|_1654

02564273 1
Previously in End 1




From: David Coombs

Sent: Thursday. March 29, 2012 8:43 PM

To: Fein, Ashden MAJ USA SJA

Cc: 'Kemkes. Matthew MAJ USARMY
'Bouchard. Paul CPT USARMY US ?Joshua






Santiago. Melissa CW2 USARMY
Morrow JoDean, CPT USA
Over (1 Angel M. CPT USA IFHQ-

c. Jeffrey H. CPT USA
ord. Arthur D. CW2 USA




SJA
IF SJA

Subject: RE: Redactions



Thank you for the clari?cation. I will send the reductions on Monday. If
you spot anything that you have an immediate issue with just let me know.

Best.
David

David E. Coombs. Esq.

Law O?icc ol?David E. Coonbs

ll South Street. #3 I7
Providence. RI 02906

Toll Free:

Local: (508) 68946 I6

Fax: (508) 689-9282

mm" .annycounmartialdcfense.com

Notice: This transmission. including attachments. may
contain con?derlial attorney-clierl information and is intended for the
pcrson(s) or company named lfyou are not the intended recpicnt. plmse
notify the settler and delete all copies Unauthorized disclosure. copying
or use of this information may be unlawful and prohibited!?

Defensa_Unclass_Email_1655

02564272

From:
Sent:
To:
Cc:

Subject:



31411

David Coombs
Friday, March 30. 2012 9:54 AM
Fein, Ashden MAJ USA SJA

'Kemkes, Matthew} MAJ USARMY
Paul RCPT USARMY
USARMY
NC SJA

SJA
FHQ-NC SJA









'Bouchard.

Whyte. JeiTre_v H. CPT USA
ord. Arthur D. CW2 USA




RE: Govemment Motion for Appropriate Relief

Ashden

I thought the Court requested that the parties also send Word versions of
any motion. Is the Government not doing this??

Best.
Dtnid

David E. Coombs. Esq.

Law Omoc ofDas1'd E. Coombs

ll South Angell Street. ll3l7
Pmvidencc, RI 02906

Toll Free: I-800-S88-4156

Local: (508) 689-46 I 6

Fax: (508) 689-9282



Notice? This transmission, including attachments, rnay
eonutin con?dential ettorne_v-client infonmtion 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 me of this information may he tirtlawftil and IS prohibited.

Defense_Unclass_Emai|_1656

02932142

31412
From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Friday. March 30, 2012 10:05 AM

To: David Coombs

Cc: ?Kemkes, Matthew MAJ USARMY 'Bouchard. Paul CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaarcl, Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyie. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Government Motion for Appropriate Relief

David,

I was under the impression that was just For the protective orders and other proposed Court
documents. This could be why she is not receiving your emails. I cannot confirm this yet,
but we receive odd antivirus messages with your word documents. It does not appear to be a
virus but we are investigating why antivirus goes crazy with your documents.

v/r
Ashden

Defense_U nclass_Email_1657

02564270

From:
Sent:
To:
Cc:

Subject:

31413

David Coombs
Friday, March 30, 20|2 l0: l2 AM

Fein, Ashden MAJ USA SJA

'Kemkes. Matthew] MAJ USARMY
?Bouchard, Paul CPT USARMY
Melissa CW2 USARMY
JoDean, CPT USA SJA
Overgaard. Angel M. CPT USA SJA

Whyte, Jeffrey H. CPT USA
Ford. Arthur D. CW2 USA








?Santiago,
Morrow Ill,






SJA
SJA

RE: Government Motion for Appropriate Relief






Can you send me the antivinis message that you receive or the mar code??

Best.
David

David E. oombs. Esq.

Law Office of David E. Coombs

1 I South Street. #317
Providence. RI 02906

Toll Free:

Local; (508) 6894616

Fax: (508)689-9282



Noticc;11iistrausiuissioii. including may
contain oon?dcmiul attomcy-cliem infomiation and is for the
pcrson(s) or company named. lfyou are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infomtation may be unlawful and is

Defense_Unclass_EmaiI_1658

. 1

02932137



From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

sent: Friday, March 30, 2012 10:15 AM

To: David Coombs

Cc: 'Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY 'Santiago,
Melissa 8 CW2 USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-
Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Government Motion for Appropriate Relief

David,

I don't know if this is helpful, but here you go. we have sent this to our J6. we receive
prompts on our computers, but in the end we can still access the files because they are not
quarantined.

v/r
Ashden

pply Unwanted Programs Policy: Enabled

MIME scanning: Enabled

scanning message body: Enabled

Quarantine folder: quarantine

Scan Clean attachments Primary action: Scan Prompt for action
Primary action: Scan Clean attachments Primary action:
Scan Prompt for action Primary action:

3/29/2012 3:47:18 PM No Action Taken (Clean failed, file has multiple extensions)
Attachment [Def. Article 104 Motion.doc\3.0LE] in Mail from

[David Coombs]. Subject [Defense Motions] Suspicious Extensions (Virus)

3/29/2012 3:47:19 PM No Action Taken (Clean failed, file has multiple extensions)
Attachment [Def. Article 134 Motion.doc\3.0LE] in Mail from

[David Coombs]. Subject [Defense Motions] Suspicious Extensions (Virus)

3/29/2012 3:47:19 PM No Action Taken (Clean failed, file has multiple extensions)
Attachment [Def. UMC Motion.doc\3.0LE] in Mail from [David

Coombs]. Subject [Defense Motions] Suspicious Extensions (Virus)

3/29/2012 3:52:24 PM No Action Taken (Clean failed, file has multiple extensions)
Attachment [Def. Article 104 Motion.doc\3.0LE] in Mail from

[Fein, Ashden USA Subject Defense Motions] Suspicious

Extensions (Virus)

3/29/2012 3:52:25 PM No Action Taken (Clean failed, file has multiple extensions)
Attachment [Def. UMC Motion.doc\3.0LE] in Mail from [Fein,

Ashden USA JFHQ-NCRIMDW Subject Defense Motions] Suspicious Extensions

(Virus)

3/29/2012 3:52:25 PM No Action Taken (Clean failed, file has multiple extensions)
Attachment [Def. Article 134 Motion.doc\3.0LE] in Mail from

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Number of attachments scanned: 46
Number of attachments detected: 0
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Defense_Unclass_Emai|_1659



02932137

31415

Number of attachments moved: 0
Number of messages deleted: 0

3/29/2012 7:56:08 PM Scan Complete

Defense_Unclass_Emai|_1659

02564266
31416

From: David Coombs

Sent: Friday, March 30, 2012 I021 AM

To: Fein, Ashden MAJ USA SJA
Cc: 'Kemkes, Matthew] MAJ USARMY







'Bouchard, Paul CPT USARMY (usy
Melissa USARMY (usy
.loDean, CPT USA SJA
Overgaard. Angel M. CPT USA SJA

m. Whyte. H. CPT USA
SJA Ford, Arthur D. USA
SJA

Subject: RE: Government Motion for Appropriate Relief

Morrow Ill,






Thank you. I will investigate on my end.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

1 South Angell Street. #317
Providence. RI 02906

Toll Free:

Local: (508) 68946 I6

Fax: (508) 689-9282



Notice; This including may
contain oon?dcmial attorney-elicru infonnation and is intended for the
person(s) or company named. lfyou are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infonnation may be and is pmltibitedf"

Defense_UncIass_Emai|_1660

02932132 1
31417

From: Fein, Ashden MAJ USA SJA

Sent: Friday, March 30. 2012 10:24 AM

To: David Coombs

Cc: 'Kemkes. Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY ?Santiago.

Melissa 8 CW2 USARMY Morrow JoDean. CPT USA JFI-IQ-NCRIMDW SJA:
Overgaard. Anoel M. CPT USA whyte. Jeffrey H. CPT USA JFHQ-
Ford. Arthur 0. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Govemment Motion for Appropriate Relief

David,

Please do. It appears she is not getting my emails either that I forward from you, but MSG
Jefferson does. It could be the new email - we are working on this as well.

Defense_Unclass_EmaiI_1661

02564265
31418

From: David Coombs

Sent: Friday. March 30, 2012 3:45 PM

To: Fein, Ashden MAJ USA SJA
Subject: RE: Government Motion for Appropriate Relief



Did COL Lind send an entail today regaining Word versions of our filings? If
so. please forward it to me.

Best.
David

David E. Coombs. Esq.

Law Oflice of E. Coonts

I I South Angel! street. #317
Providence. RI 02906

Toll Free: 1-800-588-H56

Local: (508) 689-3616

Fax: (508) 689-9282



Notice: This including attachments. may
contain con?dellial attomcy-clicn information and is for the
pctson(s) or company named. If you at: not the intendcd Incipient. pleas:
notify the sender and delete all copies Unauthorizad disclosure. copying
or use ofthis information may be unlawful and is ptoltibited?'"

Defense_Unclass_EmaiI_1662

02932129
31419

.2

From: Fein, Ashden MAJ USA SJA
Sent: Fn'day, March 30. 2012 3:48 PM

To: David Coombs

subject: RE: Government Motion for Appropriate Reliel
David,

we received an odd call from MSG Jefferson asking if we sent your word documents on the disk.
we did. So just to alleviate any confusion, I sent this email.

v/r
Ashden

Defense_UncIass_Email_1663

02564263
31420

From: David Coombs

Sent: Friday, March 30, 2012 3:50 PM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Subject: RE: Government Motion for Appropriate Relief



Unil she tell us otherwise. I will continue to send Word versions. I will
forwatd Wold versions of the documents I filed today shonly.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coonbs

I I South Angeli StreeL #317
Pmvideme. RI 02906

Toll Fiee: I-800-588-H56

Local: (508)689-5616

Fax: (508)689-9282



"?Con?deniialii_v Notice: This transmission including anacliments may
contain oon?derlial attorney-clien infonnation and is intended for the
person(s) or company named. If you ate not the inended Ieeipiem. plse
notify the sendet and delete all copies Umuthorbed diselosute. copying
or use of this information may be unlawful and is pmhibitod""

Defense_Unclass_Email_1664

02564261
31421

From: David Coombs
Sent: Saturday, March 2012 I2: IO PM
To: Fein. Ashden MAJ USA SJA










'Bouchard. Paul CPT
Morrow l1l,JoDean, CPT USA
Overgaard, Angel M.

Cc: Matthew kemkes
USARMY
SJA
CPT USA SJA
Jeffrey H. CPT USA SJA
Arthur D. CW2 USA SJA
?Santiago, Melissa CW2 USARMY
Tooman?

Subject: RE 18 so 64!

Ashden.

I haven't heard anything from you regarding this issue below. Do you intend to respond to whether you are
alleging stealing or convening?

Best.
David

David E. Coombs, Esq.

Law Office of David E. Coombs

I I South Angell Street, #3 I7
Providence. RI 02906

Toll Free: I-800-588-4156

Local: (508) 689-4616

Fax: (508)689-9282



Notice: This transmission, including attachments, may contain confidential 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_EmaiI_1665

02948629

31422

From:
Sent:
To:
Cc:

Subject:

David,

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sunday, April 01, 2012 10:27 PM

David Coombs

Matthew kemkes; 'Bouchard, Paul CPT USARMY Morrow Ill, 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
?Santiago, Melissa CW2 USARMY ?Joshua Tooman'

RE: 18 U.S.C. 641

we do have a response and you should have it by COB tomorrow (Monday).

v/r
Ashden

Defense_Unc|ass_Email_1666

02948621

31423

From:
Sent:
To:
Cc:

subject:

David,

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Monday, April 02, 2012 1:45 PM

David Coombs

Matthew kemkes; 'Bouchard. Paul CPT USARMY Morrow JoDean. CPT USA
Overgaard, Angel M. CPT USA Whyte,
Jeffrey H. CPT USA SJA: Ford. Arthur D. CW2 USA
?Santiago, Melissa CW2 USARMY ?Joshua Tooman'

RE: 18 U.S.C. 641

In reference to the below email, we agree that under Morissette the Court determined there

may be slight variances between what constitutes stealing and knowing conversion.

However,

each federal circuits? jury instructions are different and some circuits treat the two

similarly.
instructions.

v/r
Ashden

Defense_U ncIass_EmaiI_1667

we still do not believe the government is required to specify which theory we are
alleging. The accused is on notice of both theories.

This is still a matter best left for

02564260
31424
From: Bouchard, Paul CPT USARMY (U
Sent: Tuesday, April 3, 2012 12:54 PM
To: Overgaard, Angel M. CPT USA SJ A
Overgaard, Angel M. CPT USA

Cc: ein, Ashden MAJ USA SJA

Fein, Ashden USA SJA

David Coombs Parra, Jairo A. W01 USA

mm-Ncn/Mnw sum
Subject: Request additional ?mding, computer forensics, US v. Manning (UNCLASSIFIED)
Attach: Request for additional








Classification: UNCLASSIFIED
Caveats: FOUO

Angel,

The Defense, in US v. Manning, is requesting additional funding for necessary computer forensics work. The attachment
outlines our request.

Mr. Trent Struttmann wants to and is available to do the work from April 17-26; we may need him to testify at the next

motions hearing slated for April 24-26.

Please acknowledge receipt of this e-mail and request.

The Government's immediate attention to this important matter is appreciated.
Thanks,

Respectfully,

Paul

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unclass_Emai|_1668

02555367

31425

From:
Sent:
To:
Cc:

Subject:

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA

Tuesday, Apn'| 03, 2012 1:32 PM

Bouchard, Paul CPT USARMY (US)

Fein.,.Ashden MAJ USA JFHQ-NCRIMDW David Coombs; Parra, Jairo A. W01 USA
JFHQ-NCRIMDW Feito, Beatriz SGT USA JFHQ- NCRIMDW Ford, Anhur 0.
CW2 USA JFHQ-NCRIMDW Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW SJA
RE: Request additional funding. computer forensics. US v. Manning (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: FOUO

Paul,

Email and attached r-equest received. Thank you.

V/r,
Angel

Defense_Unc|ass_Emai|_1669

02564258
31426

From: Bouchard, Paul CPT USARMY

Sent: Tuesday, April 3, 2012 4:42 PM
To: Boston, Louis J. MAJ USA SJ
Cc: Fein, Ashden MAJ USA SJA

De La Vega, Veronica MAJ USARMY (US)







Subject: 20-day extension to tile GOMOR rebuttal (UNCLASSIFIED)
Attach: 20-day ext signedpdf?

Classification: UNCLASSIFIED
Caveats: FOUO

Sir, Sir, Brad:

MAJ De La Vega?s command is that of the Military District of Washington. She is respectfully requesting a 20-day
extension to file her GOMOR rebuttal. Good cause exists for such a request see attachment.

Please acknowledge receipt of this request.

Her 7-day deadline is this Thursday. We apologize for any tardiness of this request, but additional time is needed for a
proper rebuttal.

Respectfully,

CPT Paul Bouchard

Defense Counsel

office:
Classification: UNCLASSIFIED
Caveats: FOUO

Defense_UncIass_EmaiI_167O

02564256
31427

From: Bouchard. Paul CPT USARMY (US)





Sent: Tuesday, April 3. 20l 2 9:00 PM

To: Boston, Louis]. MAJ USA SJA
Sta Ie Jordan C. CPT USA SJA
SJA

Cc: Fein, Ashden MAJ USA SJA

A SIA
De La Vega, Veronica MAJ USARMY (US)

Subject: 20-day extension to ?le GOMOR rebuttal (UNCLASSIFIED)



Classi?cation: UNCLASSIFIED
Caveats: FOUO

Roger.
Mam thanks.
Respectfully.
PT Bouchard

Defense_Unc|ass_EmaiI_1671

02564255
31428

From: Bouchard. Paul CPT USARMY (US)

Sent: Tuesday, April 3, 2012 9:03 PM
To: Fein, Ashden USA SJA
Subject: 20-day extension to ?le GOMOR rebuttal (UNCLASSIFIED)

Classification:
)l

Sn?.

Wasn't sun: who had this action. 1 you I now know its Cl"l' Slupcly.
apologies.

Arxvlugws for also mixing your promotion

Well ed pmmoliun. Congrats.

Arc you deferring the (mud Course?? Just I did


Bouchurd

Defense_Unc|ass_Emai|_1672

02564253
31429

From: Bouchard. Paul CPT USARMY (us)

Sent: Tuesday. April 3. 2012 9:1 I PM
To: Fein, MAJ USA
Subject: 20-day extension to ?le GOMOR rebuttal (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: FOU0

You?nc awesome. My bad.


CPT

Defense_Unc|ass__Email_1673

02555315
Previously in Encl 1

Overgaard. Angel M. PT USA SJA

From:
Sent: Wednesday. April 4, 2012 l0;46 AM
To: Bouchard, Paul PT USARMY

Cc: Fein. Ashden MAJ USA SJA

David Coomb Parra, Jairo A. WOI USA

SJA Ford. Arthur D. USA
SM

Subject: RE: Request additional funding. computer forensics, US v. Manning (UNCLASSIFIED)
Attach: request additional funding 28 signedpdf



Iassif tcatton; UNCLASSIFIED
Caveats: FOUO

Paul.

Could _\ou please provide more detail to the 3 Apr I2 request?? Since tltis is the second tinte defense is asking the to approve
additional funds for defense experts itt just over 2 months. he st ill likely need tnore of an explanation of h} the last estimate was not
realistic and this one is.

It seems that appx 34200 is for Mr. presence at the motions hearing. but what about the rest of the lc. uh) do they
need more than what the CG granted on I Feb I2 and here did that money go?? The requests states that last time the defense teant
finished early. which seems to indicate that there still should be money remaining.

Recommend drafting this request like the last one (attached) for the most expeditious handling of the request. The attached previous
request gites a breakdou II of the amount requested as well as a so tlte knen the nus necesszu_\. Thank
vou!

V/r.
Angel

Defense_Une|ass_Email_1674

02564250
Previously in Encl 1

From: David Coombs

Sent: Wednesday, April 4, 2012 11:16 AM

To: Overgaard, Angel M. CPT USA SJ A
'Bouchard, Paul CPT USARMY


Cc: Fein, Ashden MAJ USA SJA


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

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

Angel,

Our understanding is that the Government would like to have the funding
requests done in increments as opposed to one lump sum?? If that is true. we
will likely make these types of requests whenever additional work/pretrial
preparation is needed. I am not for sure how much of the initially approved
funds are remaining. however, is that something that Mr. Pana or CW2 Ford
can tell us? Once we have this ?gure. we could uack the amount of
remaining funding left and the necessity for any future requests. The

latest request is simply an estimate. As we stated in the request. it is

likely that the entire amount of funding will not be needed.

If you would like, I could explore providing a lump sum estimate for the
likely forensic services/pretrial preparation/trial testimony for Mr. Lakes
and Mr. Struttmarm. Obviously. this would be a best guess estimate. If
the funding were approved, it would eliminate the need to provide periodic
requests.

With regards to additional justification for our latest request. the

forensic work that was initially completed was designed to provide the
Defense with an assessment of the work done by CCIU and to detennine if our
experts spotted any issues. Based upon their report. the Defense had

several follow up questions/issues that need to be addressed in order for us

to adequately prepare for trial. These additional questions/issues require

more foremic work to be completed. Does this make sense? Let me know if
this is responsive to your questions and whether you would like a lump sum
request to the CC or if we should continue submitting incremental requests.

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



""??Confrdentialiry 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 infomtation may be unlawful and is

Defense_Unclass_Emarl_1675



02555302
Previously in Encl 1

Overgaard. Angel M. PT USA SJA






From:

Sent: Wednesday, April 4, 2012 PM

To: David Coombs 'Bouchard, Paul PT
usmwv

Cc: Fein. Ashden MAJ USA SJA
Parra, Jairo A. WOI USA SJA
Ford, Arthur D. CW2 USA SJA

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

(?lassiftcation UNCLASSIFIED
meats: FOUO

Dav id.

I'm not sure where the incremental idea came from as that does not seem to be in line with the "estimated cost of employment?
required by 703d. An all-encompassing or lump sum request for the likely forensic services/pretrial preparation/tn?al testimony
for Mr. Lakes and Mr. Struttmann is rreccssan to give to the CG an accurate picture of the amount of money that ill be required to
fund tlrerii. The amount on the contract does not iuatter as it is not considered when the CG makes his delennirratiori and contracting
cannot pay any amouru without the CG's approval.

Please estimate the full amount that is anticipated and submit a detailed request that shows how the pres ious money was expended so
that the can make an infomred decision on funding. Plcxise include the total amount of hours is orkcd and the total amount of
future hours estimated with justification in your detailed accounting. Thank you!

V/r.
Angel

Defense_UncIass_Emai|_1676



02920388
31433

Filenamez Security Info.msg

From: Fein, Ashden MAJ USA

SJA

Sent: Wednesday, April 4, 2012 5:29 PM

Subject: Security Info

Size: 54KB (54,272 bytes)

Defense_Unc|ass_EmaiI_1677



02564249

31434

From: Bouchard. Paul CPT USARMY (US) on behalf of
Bouchard. Paul CPT USARMY (US)

sent: Wednesday, Apm 04, 2012 5:41 PM

To: Fein. Ashden MAJ USA SJA

Cc: Morrow Ill, JoDean, CPT USA SJA: Overgaard. Angel M. CPT USA
SJA: Whyte. Jeffrey H. CPT USA SJA

Subject: RE: Secutity Info (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Thank you, Sir.

I will salute you any time prior to 16 May. After that, we're equals again.


CPT Bouchard

Defense_Unclass__EmaiI_1678



02920386

31435

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Wednesday, April 04, 2012 5:44 PM
To: 'Bouchard, Paul CPT USARMY
Cc: Morrow JoDean, CPT USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA

JFHQ-NCRIMDW whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA

Subject: RE: Secunty Info (UNCLASSIFIED)

Lock it up too..
Also for -Future I recommend being careful replying to

emails without because the data is sent out without
in the reply (I deleted the information below).

Defense_Unclass_Emai|_1679

02564248
FM36

From: Bouchard. Paul CPT USARMY (us) on behalf of
Bouchard. Paul cm? USARMY (us)
Sent: Wednesday, April 04, 2012 5:49 PM
To: Fein. Ashden MAJ USA SJA
Subject: RE: Security Info (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Roger.
Thanks.



CPT Bouchard

Defense_Unclass_EmaiI_168O

02564229
Previously in Encl 1

From: David Coombs
Sent: Friday. April 6. 2012 l0:42 AM
To: Overgaard. Angel M. USA SJA

'Bouehard, Paul CPT USARMY




Cc: Fein, Ashden MAJ USA SJA
Parra, Jairo A. WOI USA SJA
Ford, Arthur D. USA SJA

. Santiago, Melissa CW2 USARMY
(US)

Subject: Request additional funding. computer forensics. US v. Manning (UNCLASSIFIED)
Attach: Forensic Funding Funding
Angel.

Please see that attached request along ith the reference attaclmients. Let
me know if you have any additional questions. and when you iuiticipate this
request to be acted upon by the consenting authority. Lastly. can you
provide me nith an update regarding the "ovcrage" issue from the initial
funding authorization?? I wall to make sure that Mr. Lakes and Mr.
Struttmann are paid for the work that they have already perronned. Thank


Best.
David

David E. Coombs. Esq.

Law Office of David E. Cooinbs

I I South Angeli Street. #3 I 7
Providence. RI 02906

Toll Free: I-800-588-ll56

Local: (508) 689-4(il(i

(508) 689-9282

.ann_\ courtiuart ialdcfensecoin

Notice: This traiisitiission. including attachments. may
contain oonfiderlial attorney-client infonniition and is intended for the
person(s) or company named. If you are not the intended recipient, please
notify the sender and delete all copies. disclosure. copy ing
or use of this infoniiation may be unlawful and is pioliibitcdf?

Defense_Unclass_Emai|_1681



02564223
Previously Sgliigfgigted in Encl 1

From: David Coombs

Sent: Friday, April 6, 20l2 10:49 AM

To: Fein, Ashden MAJ USA
Cc: - SJA






)vertzaard. Antzel M. PT USA FHQ-

Whyte, .|etTrey H. CPT USA

Ford. Arthur D. CW2 USA
?Santiago. Melissa CW2
?Joshua Tooman'










SJA
SJA
SJA
USARMY




Subject: Discovery Response
Attach: Defense Discovery Responsepdf
Ashden.

Here is the Defense diseo\cr_\ response. As stated in the response. we ill
ensure that you are provided timely access to the reciprocal discover).
Please let me knou if you have an} questiom.

Best.
David

David E. Coontbs. Esq.

Law ICC of David E. Cootnbs

ll South Angeli Street. #3 I 7
Providence. RI 02906

Toll Free: I 56

Local: (508) 689-?6l6

Fax: (508) 689-9282

w.annycourtntaniztldefcnse.com

Notice: This transmission. including attachments. may
contain eon?derlial attorney-clietl 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. disclosure. cop) ing
or use of this infomtation may be unlawful and is piohibited.??'

Defense_Unc|ass_Email_1682



02936339

From:
Sent:
To:
Cc:

Subject:

David,
Thank you.

v/r?
Ashden

Defense_Unclass_EmaiI_?I 683



Fein. Ashden MAJ USA SJA

Friday, April 06, 2012 11:25 AM

David Coombs

Morrow JoDean, CPT USA Overgaard, Angel M. CPT USA
JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW Ford, Arthur D.
CW2 USA JFHQ-NCRIMDW ?Santiago. Melissa CW2 USARMY ?Joshua
Tooman'

RE: Discovery Response

02921 403

31440

From:
Sent:
To:

Cc:

Subject:

David,

Fein, Ashden MAJ USA SJA

Friday, April 06, 2012 11:26 AM

David Coombs; Overgaard, Angel M. CPT USA 'Bouchard, Paul
CPT USARMY

Parra. Jairo A. W01 USA Ford, Arthur 0. CW2 USA JFHQ-
Santiago. Melissa
CW2 USARMY (US)

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

we received the email, and Angel or I will get back to you shortly.

v/r?
Ashden

Defense_Unclass_EmaiI_1684

02948350

31441

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

Fein, Ashden MAJ USA SJA

Fn'day, April 06, 2012 5:14 PM

David Coombs

Robillard. Socorro A., CIV, 'Kemkes. Matthew MAJ USARMY
'Bouchard, Paul CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow
Ill. JoDean, CPT USA SJA: Overgaard. Angel M. CPT USA JFHQ-
Whyle. Jeffrey H. CPT USA Ford. Arlhur D. CW2
USA SJA

404(b) Notice

1

Attached is the government's 4e4(b) notice.

v/r

Ashden

Defense_Unc|ass_Emai|_1685



02948347

31442

I

From: Fein, Ashden MAJ USA SJA

Sent: Friday. April 06. 2012 5:17 PM

To: David Coombs

Cc: Robilland. Socorro A., CIV, 'Kemkes, Matthew MAJ USARMY

'Bouchard, Paul CPT USARMY ?Santiago. Melissa 8 CW2 USARMY Morrow
JoDean. CPT USA Overgaard. Angel M. CPT USA JFHQ-
Whyte. Jeffrey H. CPT USA Ford. Anhur 0. CW2
USA SJA

Subject: RE: 404(b) Notice

David,

I hit send too fast. Additionally, Ms. Corrie Robillard (CCed) is your POC at the for
all matters security 8. SIPRNET emails. She has been approved to be your designated point of
contact to send and receive SIPRNET emails on your behalf. Additionally, she has the
workspace, computer, safe, and printer ready for you once you go to the MAC.

we will get the initial batch of classified discovery in the mail early next week so you have
the material to access. Ms. Robillard's information Follows:

Ms. Socorro Robillard

(Information Security Specialist)
Classified Material Control Officer

NATO Sub-registr Control Officer

SIPR address:

Naval war College

DSN:
Comm:
E-mail:

v/r
Ashden

Defense_U nc|ass_EmaiI_1686

02564221














31443

From: David Coombs

Sent: Friday, April 6, 2012 5:38 PM

To: Fein, Ashden MAJ USA SJA

Cc: ?Robillard, Socorro A., CIV, 'Kemkes,
Matthew MAJ USARMY ?Bouchard. Paul
CPT USARMY ?Santiago, Melissa CW2
USARMY Morrow .loDean, CPT USA
SJA Overgaard, Angel M.
CPT USA SJA
Jeffrey H. CPT USA SJA Ford,
Arthur D. CW2 USA SJA

Subject: 404(b) Notice



Thank you. I ill reach out to Ms. Socono on Tuesday.

Bcst.
Dav id

David E. Coombs. Esq.

Law Office of David E. Coombs

11 South Street. #317
Providence. RI 02906

Toll Free: I-800-S88-4156

Local; (508) 6894616

Fax: (508) 689-9282



Notice: This transmission. including inay
contain con?dential attorney-clicm infonnution and is intended for
person(s) or company mined. If you are not the intended recipient. please
notify the sender and delete all copies. disclosure. copy ing
or use of this infonnation may be unlawful and is proliibitcd.?"

Defense_Unc|ass_EmaiI_1687











02564220
Previously in End 1
From: David Coombs
Sent: Friday, April 6, 2012 5:43 PM
To: Fein, Ashden MAJ USA SJA
Cc: 'Kemkes, Matthew] MAJ USARMY
'Bouchard, Paul CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow
JoDean, CPT USA SJ A
Over aard, An el M. CPT USA SJA
Whyte, Jeffrey H. CPT USA IF
Ford, Arthur D. CW2 USA
A -
Subject: Grand Jury Testimony
Ashden,

In your response to the Defense Motion to Compel Discovery, dated 8 March 20 I 2, you stated ?[t]he United
States intends to produce all grand jury materials, both classi?ed and unclassified, that are ?relevant and
necessary? and the United States has authority to disclose under the federal rules.? During our last 802
conference you stated that you intending to provide the grand jury materials. Can you provide me with an
estimated time line for these materials?? 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



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_Email_1688

02564922

From:

To:
Cc:

subject:

Dave,

Good morning.

I am trying to arrange my schedule For this week.

31445

Robilland. Socorro A., cw, on behalf of

Robillard. Socorro A.. CIV. NAVWARCOL

Monday, Apnl 09, 2012 7:51 AM

David Coombs: Fein. Ashden MAJ USA SJA

Kemkes. Matthew MAJ USARMY Bouchard, Paul CPT USARMY Santiago.
Melissa CW2 USARMY Morrow Ill. Jooean. CPT USA
Overgaard. Angel M. CPT USA Whyte. Jeffrey H. CPT USA JFHQ-
Fond. Arthur D. CW2 USA SJA

RE: 404(b) Notice

I have an

appointment on Thursday, April 12, 2012, and won't be in on that day. IF
you are coming in on that date, please let me know ahead of time and I will
re-schedule my appointment.

FYI - I will keep you posted when I'm not in (which is very rare unless I
have to attend conference/s outside Rhode Island).

Please do not hesitate to contact me.

V/r Corrie

mc Classified Material Control officer

Defense_Unc|ass_Email_1689

02932008

Previously Sgbmigted in Encl 1

From:
Sent:
To:
Cc:

Subject:

David,

we are working to review this material along with the FBI case file.

Fein, Ashden MAJ USA SJA

Monday, April 09, 2012 10:53 AM

David Coombs

'Kemkes, Matthew MAJ USARMY 'Bouchard. Paul CPT USARMY ?Santiago,
Melissa 8 CW2 USARMY Morrow Ill, JoDean, CPT USA
Overgaard. Ange! M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-
Ford. Arthur D. CW2 USA SJA

RE: Grand Jury Testimony

If we find discoverable

material, we will provide it to the defense as soon as possible once we confirm that we have

the authority to disclose.

we estimate that we will complete our review of any grand jury

testimony in the next three weeks and intend to notify you of any discoverable material by 1

May .

v/r
Ashden

Defense_UncIass_EmaiI_1690

Additionally, we hope to disclose any discoverable material by 1 May as well.

02918024
Previously Sghmitted in Encl 1

From: Fein, Ashden MAJ USA SJA
Sent: Monday, April 09, 2012 11:35 AM
To: David Coombs
Cc:
Morrow Ill. JoDean. USA SJA:
Overgaard. Angel M. CPT USA
Whyte, Jeffrey H. CPT USA Ford. Arthur . CW2 USA -
NCFUNEMAISJA
Subject: Touhy Update
David,

on Friday, we received an update from the Department of State that the Office of the Legal
Adviser received your request and is processing it through the appropriate channels. I will
send an update as I receive them. Do you still intend to submit the other request to the
Federal agency?

v/r

Ashden

Defense_Unc|ass_EmaiI_1691

02564217
Previously in Encl 1

From: David Coombs

Sent: Monday, April 9, 20l2 12:22 PM
To: Fein. Ashden MAJ USA SJA
Ce: 'Kemkes, Matthew] MAJ USARMY




?Santiago,
Morrow Ill,

'Bouchard, Paul PT USARMY
Melissa CW2 USARMY
JoDean, CPT USA SJA
Overgaard. Angel M. PT USA A
Whyte, Jeffrey H. CPT USA
Ford, Arthur D. CW2 USA









SJA
SJA

Subject: Grand Jury Testimony

Ashden

I am not for sure I response. What is the "discoverable
ntatenal? that you are using l0 detenninc hat to disclose?? Also.
?Irv do you believe it would take Ma)" to cotnplete your rcvietv.? The
Grand Jury investigation started in Dcoetrber of 2t)l0. At that time. the
Defense requested access to tire ittvestigation being conducted by the DO).
Additiortally. you have been on notice that these materials uere the subject

of a cotnpel discovery motion since February. I am not clear on uh)" the
hasn't already been done. and why I don't have these documents.

Best.
Dav id

David E. Coontbs. Esq.

tau" Office of David E. Cootnbs

ll South Street. #3l7
Providence. RI 02906

Toll Free: I-800-588-4156

Local: (508) 689-46I6

Fin: (508)689-9282



Notice: This transmission. including attachments. ma)
contain oonfrdernial infonnalion and is intended for the
person(s) or company named. If you are not the imended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this ittfonttation ma) be uttlau ful and is proltibiu.

Defense_Unclass_EmaiI_1692







31449
From: David Coombs
Sent: Monday, April 9, 2012 l2:24 PM
To: Fein. Ashden MAJ s_
Cc:
Morrow Ill. JoDean, CPT USA
Overgaard. Angel M. CPT USA

SJ A

Whyte, Jeffrey H. CPT USA SJA

Ford. Arthur D. CW2 USA SJA
Subject: RE. Touhy Update
Ashden.

This was Fed-Ex?d two weeks ago. All that the DOS has done is continued receipt?? I plan to submit additional
Touhy requests.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

ll South Angell Street, #3 I7
Providence. RI 02906

Toll Free: l-800-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282



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

Defense_Unclass_Email_1693



02932004

Previously in Encl 1

From: Fein, Ashden MAJ USA SJA

sent: Tuesday, April 10, 2012 8:34 AM

To: David Coombs

cc: 'Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaand. Angel M. CPT USA Whyle. Jeffrey H. CPT USA JFHQ-
NCRIMDW Ford. Arthur D. CW2 USA SJA

Subject: RE: Grand Jury Testimony

David,

Material outside the possession of military authorities is discoverable under RCM 791(a)(6)
and Brady. The United States has provided the defense FBI and grand jury material above and
beyond this requirement and continues to review and coordinate additional review of material,
including testimony. This case was referred in early February, and we have since been
litigating this issue, which resulted in the United States informing the Court and defense
that we intend to produce, as soon as practicable, any discoverable material we identify and
have approval to make available. No later than 1 May is our best estimate considering the
amount of information that the prosecution has a due diligence requirement to review and
which we have been and are continuing to review.

v/r
Ashden

Defense_Unclass_Emai|_1694

02564212










31451
From: David Coombs
Sent: Tuesday, April I0. 2012 8:49 AM
To: Fein, Ashden MAJ USA sm
Cc: ?Kemkes. Matthew MAJ USARMY
'Bouchard, Paul CPT USARMY ?Santiago,
Melissa 3 CW2 USARMY MotTow Ill,
JoDean, CPT USA SJA
Overgaard. Angel M. CPT USA SJA
Whyte, Jeffrey CPT USA
SJA Ford, Arthur CW2 USA
SJA
Subject: Grand Jury Testimony


Can you provide me vvith the Bates numbers for any grand jury testimony that
have you provided to the Defense" Thank you

Best.
Dav ld

David E. Coombs. Esq.

Lavv ice of David Coombs

I I South Angell Street. #3 I 7
Providence. RI 02906

Toll Free:

Local: (508) 689-4616

Fax: (508) 689-9282

com
.a m1_v couninan ialdcfensecom

??Confidentiality Notice: This transmission including attachments. may
contain con?demial attorney-client infonnation and is intended for the
person(s) or company named. If _\ou are not the intended recipient. please
notify the sender and delete all copies. Unautliori/ed disclosure. copying
or use of this infonnation may be unlawful and is pmltibited.??

Defense_UncIass_Email_1695

02931999

From:
Sent:
To:
Cc:

Subject:

David,



Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Tuesday. April 10, 2012 8:50 AM

David Coombs

'Kemkes, Matthew MAJ USARMY '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-
Ford. Arthur D. CW2 USA SJA

RE: Grand Jury Testimony

we have not provided any grand jury testimony, only materials obtained through the grand

jury.

v/r
Ashden

Defense_Unc|ass_Email_1696

02985516
31453

From: Whyle, Jeffrey H. CPT USA SJA
sent: Tuesday, April 10, 2012 8:51 AM

To: David Coombs

Subject: RE: Grand Jury Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Do you want to include Alec on these defense emails?

Defense_U nclass_EmaiI_1697

02985512
31454
I

From: Whyte. Jeffrey H. CPT USA SJA
Sent: Tuesday, April 10, 2012 8:53 AM

To: David Coombs

Subject: RE: Grand Jury Testimony (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
Sorry. Please disregard my last email.

v/r?
Hunter

Defense__Unclass_Emai|_1698

02931994
31455

From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, April 10, 2012 9:01 AM

To: David Coombs

Cc: 'Kemkes, Matthew MAJ USARMY 'Bouchard. Paul CPT USARMY ?Santiago,

Melissa 3 CW2 USARMY Morrow JoDean, CPT USA
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Whyie. Jeffrey H. CPT USA JFHQ-
VonEIten. Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Grand Jun; Testimony

Defense,

Could you please include 1LT Alec VonE1ten on our Future emails as another TC. He has joined
the prosecution as an assistant trial counsel. Thank you!

v/r
Ashden

Defense_Unc|ass_Emai|_1699

-

02564211

Previously in End 1
From: David Coombs
Sent: Wednesday, April 1 1, 2012 2:57 PM




To: Fein, Ashden MAJ USA SJA
Overgaard, Angel M. -
Parra, Jairo A. USA

Cc: Sant (US)
Subject: an unmg
Angel,

Can you provide me with an update on the Defense computer forensic funding request? My expert will need to
travel next week in order to work on the case and prepare for his testimony during the Article 39(a). Thank

you.

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)689-4616

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|_1700

.,



02564210
Previously in Encl 1
From: David Coombs
Sent: Wednesday. April 11, 2012 6:38 PM
To: Fein, Ashden MAJ USA SJA

Overgaard, Angel M. CPT USA SJ A

Whyte, Jeffrey H. CPT USA
Morrow JoDean, CPT USA JFHQ-

VonElten, Alexander S. 1LT

Parra, Jairo A.








USA SJA
W01 USA SJA

Cc: 'Tooman, Joshua] CPT USARMY Santiago.
Melissa CW2 USARMY (US)

Subject: Funding

Ashden,

Please provide me with an update regarding funding for the Defense computer forensic experts. My expert is
planning on traveling on the 17"? to Fort Meade and staying until the

Additionally, can you let me know when you intend to have PFC BM in the Fort Meade area? I intend to come
early, and if he is present, I would like for him to be brought to the Fort Meade TDS office.

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: (503) 689-4616

Fax: (508) 689-9282

1 .



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

Defense_UncIass_EmaiI_1701

02564209
Previously Sgpigigted in Encl 1

From: David Coombs
Sent: Wednesday, April 11, 2012 7:51 PM
To: Fein, Ashden MAJ USA SJA

Overgaard, Angel M. CPT USA SJA

Whyte, Jeffrey H. CPT USA
Morrow JoDean, CPT USA JFHQ-

VonElten, Alexander S. 1LT
Parra, Jairo A.








SJA
USA SJA
WO1 USA SJA

Cc: 'Tooman, Joshua CPT USARMY Santiago,
Melissa CW2 USARMY (US)
Subject: Transcript
Ashden,

Can you provide me with an update on receiving the digital recordings? I need these recordings for my reply
motions. Will you be able to courier them to me before the end of the week?

Best,
David

David E. Coombs, Esq.

Law Oflice 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_UncIass_EmaiI_1702



02933127

Previously in Encl 1



From: Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Wednesday, April 11, 2012 9:20 PM
To: David Coombs; Overgaard, Angel M. CPT USA Whyle. Jeffrey H.

CPT USA JFHQ-NCRIMDW Morrow Ill, JoDean. CPT USA JFHQ-NCRIMDW
VonElIen, Alexander S. 1LT USA Parra, Jairo A. W01 USA JFHQ-

NCRIMDW SJA
Cc: 'Tooman. Joshua CPT USARMY Santiago. Melissa CW2 USARMY (US)
Subject: RE: Funding

David,

we should have an answer on the additional -Funding For your experts tomorrow, based on the
planned CG appointment. Mr. Parra is still confirming the issue with the overage and you
should have an answer from us on the overage by tomorrow.

v/r
Ashden

Defense_Unc|ass_Email_1703

02564208
31460

From: Tooman, Joshua CPT usmwv (Us)

Sent: Wednesday, April I I, 2012 9:20 PM
To: Fein, Ashden MAJ USA
Subject: Automatic reply: Funding

I will TDY at Fort Hood, TX, 10 April - 13 April. If you need immediate assistance please contact Mr. Eddie Young at

Thank you.

Defense_Unc|ass_Emai|_1704

02917998

31461

From: Fein. Ashden MAJ USA SJA
Sent: Wednesday. April 11. 2012 9:22 PM
To: David Coombs; Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H.

CPT USA Morrow JoDean_ CPT USA JFHQ-NCRIMDW
VonEIten, Alexander S. 1LT USA Parra, Jairo A. W01 USA JFHQ-

NCRIMDW SJA
Cc: 'Tooman. Joshua CPT USARMY Santiago, Melissa CW2 USARMY (US)
Subject: RE: Transcript

David,
So Far we have Found the 39a audio from 15-16 Mar. Is this what you would like?

v/r~
Ashden

Defense_Unc|ass_EmaiI_1705

02935791
amez

From: Fein, Ashden MAJ USA SJA

Sent: Wednesday, April 11, 2012 10:40 PM

To: David Coombs; Overgaard, Angel M. CPT USA Parra. Jaim A. W01

USA SJA
Cc: Santiago. Melissa usmuv
I
subject: a mg
David,

Additionally, CID is finishing their analysis of the computer hard drives and we should have

a good understanding of what information does/does not exist by Friday afternoon.

The

government's and defense's issues might be moot based on the status of the hardware and/or
whether they could recover any information, thus the need to re-litigate this issue and have
our experts testify might be moot.

I have been told that many of them were either completely wiped or inoperable, while some did

have information on them.

v/r
Ashden

Defense_UncIass_Email_1706

I will give you an update on Friday afternoon.

02564206
31463
From:
Sent: Wednesday, April II, 2012 lO;52 PM

To: Fein, Ashden MAJ USA S.

Subject: RE. Transcn? pt

Yes - if you could courier it to me tomorrow, that would be great.

Thanks,
David

David E. Coombs. Esq.

Law Office of David E. Coombs

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

Toll Free: I-800-588-4l56

Local: (508)689-4616

Fax: (508) 689-9282


com

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

Defense_Unclass_EmaiI_1707

02917994



From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Thursday. April 12. 2012 7:15 AM
To:
Subject: RE: Transcript
David,

we will try to get it in FEDEX For overnight delivery today.

v/r-
Ashden

708

02935162

Previously in Encl 1

From: Fein, Ashden MAJ USA SJA

Sent: Thursday, April 12, 2012 6:31 PM

To:

Cc: Kemkes, Matthew MAJ USARMY 'Bouchard, Paul CPT USARMY 'Tooman,

Joshua CPT USARMY Santiago, Melissa CW2 USARMY Morrow
JoDean. CPT USA Overgaard, Angel M. CPT USA JFHQ-
NCRIMDW Whyte, Jeffrey H. CPT USA VonE|ten, Alexander
S. 1LT USA Ford. Arthur D. CW2 USA SJA

Subject: Experts
Attachments: 120412? GCMCA Approval of Additional Funding of Defense Forensic Computer Experts.pdf
David,

The GCMCA approved the defense funding request for an additional $76,666. Attached is the
approval.

As for the amount remaining under prior approvals and the issue with unauthorized overages- I
will send you an email early next week that outlines every issues that has been present and
the way forward. After reviewing our previous emails and the bills/accountings we have
received from CyberAgents, there are too many inconsistencies between the emails and
submissions to give you a clear answer. This will be resolved by Wednesday.

As for their travel-

Although much of the computer systems processing outlined in your Renewal of Motion to Compel
Discovery might not take a long time as you have highlighted, what seems to be overlooked is
having that volume of information reviewed by security experts and how much time that process
will take. Any information removed from a classified hard drive must be reviewed by security
experts and will likely have to be submitted to OCAs if classified information is found,
including filenames. with that being said, we are still working with CCIU to determine how
much information exists on the drives that will need to be reviewed by information security
professionals. Many of the drives are not operational or are wiped. I should have the exact
number of the operational drives on Monday afternoon. we are positioned to schedule their
travel and can do so Monday if you still want them to travel on Tuesday for this purpose. we
offer that we might be able to find a middle ground which won?t require this testimony or
travel and can discuss on Monday.

v/r

Ashden

Defense_Unc|ass_Emai|_1709

02935162

Previously in Encl 1

Defense_UncIass_EmaiI_1709

02936506
31467

From: Fein, Ashden MAJ USA SJA
Sent: Thursday, April 12, 2012 8:28 PM

To:

Cc: Ford. Arthur D. CW2 USA





Morrow JoDean, CPT
USA SJA: Overgaard, Angel M. CPT USA
Whyte, Jeffrey H. CPT USA
VonE|ten, Alexander S. 1LT USA SJA

Subject: Discovery

David,

Tonight, we the following:

To your office (Tracking: 7934 4983 unclassified material (BATES: 09419647-419804)
consisting of various CID documents, unclassified but sensitive damage assessments impact
statements as part of our due diligence searches, the audio for the arraignment and motions
hearing, and other miscellaneous documents.

To NNC for you (Tracking: 7934 4752 7495)- classified material, complete reproduction of
previously produced classified material, the initial production of FBI material, but with
corrected BATES numbers (BATES: 00412614-00417914), a new production of additionally
approved FBI material (BATES: and miscellaneous classified documents
(BATES09419519-00419646).

Based on your previous request an the change of military defense counsel, we are working to
finalize a complete reproduction of ALL material so you and your team have a fresh copy.
Additionally, we intend to give you an updated Section disclosure by the middle of next
week.

Now that there is a change in military defense counsel, which office would you like us to
send the information?

Thanks.

v/r

Ashden

Defense_Unclass_Emai|_1710

02564204
31468

From: David Coombs
Sent: Thursday. April 12, 2012 8:50 PM

To: Fein, Ashden MAJ USA

Subject: Discovery

Ashden,

Please continue to send all discovery to myself and to Chief Santiago. Once the classi?ed discovery arrives at
NWC, will let you know.

Also. please remove MAJ Kemkes and PT Bouchard from all future emails. Thank you.

Best,
David

David E. Coombs. Esq.

Law OlTice of David E. Coombs

ll South Angell Street, #317
Providence. RI 02906

Toll Free:

Local: (508) 689-46|6

Fax: (508) 689-9282




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

Defense_Unc|ass_Ernail_171 1

02564202
Previously in Encl 1

From: David Coombs
Sent: Friday. April 13, 2012 5:57 PM
To: Fein, Ashden MAJ USA SJ A

Overgaard, Angel M. CPT USA SJ A

Morrow JoDean, CPT USA JFHQ-

Whyte, Jeffrey H. CPT USA
VonElten, Alexander S.








SJA
SJA
1LT USA SJ

Cc: 'Tooman, Joshua CPT USARMY

Subject: Discovery

Ashden,

I received the unclassified discovery today. Also. the classified discovery was received by NWC. I have
arranged to see the facility next week at the NWC.

I have a couple of questions that I would like to have answers to:

1) With regards to the unclassified damage assessments provided in discovery, when did the Government
receive these documents?

2) Are there any more unclassified damages assessments in the Govemment?s possession?
3) Do you have an update on the 14 hard drives?

4) Who is the Government bringing from the Department of State for the motions hearing?? Can you provide
this person?s contact information?

5) Are you planning on providing me with your proposed If so, perhaps this is something we can agree
upon.

6) Did you receive the emails from C01. Lind regarding her email problems?

7) have forwarded the documentation regarding badges for my family. Has Mr. Parra heard anything on that
issue?

8) Has the DOS provided any further updates on my Touhy request?

9) When does the Government plan to have PFC BM in the Fort Meade area? Additionally, is the plan to
return him to the JRCF immediately after the 39(a) is completed? The Defense?s preference would be to return
PFC BM to military control at the JRCF.

Thank you for your attention to the above matters.

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

Defense_Unclass_EmaiI_1712

02564202

Previously in Encl 1

Local: (503) 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 infonnation may be
unlawful and is

Defense_Unc|ass_Email_1712

02936498
31471

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Friday, April 13, 2012 5:59 PM
To: David Coombs; Overgaard, Angel M. CPT USA Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Whyle, Jeffrey H. CPT USA JFHQ-NCRIMDW
VonEIten, Alexander S. 1LT USA SJA

Cc: 'Tooman. Joshua CPT USARMY
Subject: RE: Discovery
David,

we will work on these responses. we have been out For the past few hours at CH2 Parra's
promotion ceremony. I am just now catching up on emails.

v/
Ashden

Defense_Unc|ass_Emai|__1713

02564199

From:
Sent:
To:

Cc:
Subject:

David Coombs

Friday. April I3, 2012 6: to PM

Fein, Ashden MAJ USA
Over aard. An el M. CPT USA SJA

Morrow Ill, JoDean. CPT USA 11-? HQ-
'.Whyte, Jeffrey H. CPT USA







SJA
SJA
ILT USA SJA

'Tooman. Joshua CPT USARMY

RE: Discovery

31472

Ashden.

Please pass on my congratulations to CW2 Parra.

Best.
David

David E. Coombs Esq.

Law O?ice of David E. Coombs

ll South Angel] Street. #317
Providcmc. 02906

Toll Free: l-80t)-S88-H56

Local: (508) 689-l6|6

FM: (508) 689-9282

swi w.annycounrnartialdeI'cnse.com

Notice: This transmission including attachments. may
contain con?dcnial attorney-clien information and is intended for the
person(s) or company named If you are not the imcnded recipient. please
notify the scrder and delete all copies. Unauthorized disclosure. copying
or use of this infomiation may be unlawful and is proliibited!"

Defense__Unclass_EmaiI_1714

02564198

31473

From: Bouchard, Paul CPT USARMY (US)

Sent: Monday, April 16, 2012 10:09 AM

To: Fein, Ashden MAJ USA SJA

Overgaard, Angel M. CPT USA SJA

Overgaard, Angel M. CPT USA

Morrow ll], .loDean, CPT USA
Whyte, Jeffrey H. CPT




SJA
SJA
USA SJA

Subject: CPT Paul Bouchard (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Ashden (Sir), Joe, Angel, Jeff:

As you know, PFC Manning fired both myself and MAJ Kemkes from further representation. It's embarrassing, but these
things happen.

FYI: My promotion ceremony will be held Friday, May 11, at 10:30 a.m. at the Fort Belvoir TDS Office. Ceremony will

also coincide with CPT Gi|?s (he's a DC here) farewell. Reception to follow at Famous Dave's Barbecue in Alexandria, VA.
Fully understand if you guys can't make it.

Best,
Pa ul

Classification: UNCLASSIFIED
Caveats: NONE

Defense_UncIass_EmaiI_1715

02926181
31474



Filename: FW: More email issues with Judge
receiving Mr. Coomb's emails.


From: Fein, Ashden MAJ USA
SJA



Sent: Monday, April 16, 2012 12:58 PM
Subject: More email issues with Judge
receiving Mr. Coomb's emails.
(UNCLASSIFIED)

Size: 61KB (61,952 bytes)

Defense_Unclass_EmaiI_1716

02931910
Previously in Encl 1

From: Fein, Ashden MAJ USA SJA
Sent: Monday, April 18. 2012 3:53 PM
To: David Coombs
Cc: Morrow JoDean, CPT
vergaa . nge . SJA: Whyre.

Jeffrey H. CPT USA VonElten. Alexander S. 1LT USA JFI-IQ-NCR
Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: Hard Drives (Encase Forensic Images)
Importance: High
David,

After consultation with the government forensic experts, it appears that out of the 14 hard
drives that were identified to be present in the TOC or SCIF, 2 drives are completely
inoperable, 7 drives are wiped, 4 drives have file structures present, and 1 drive is
partially wiped. In total, only 5 drives have any information that could answer your request
and ultimately the Court's order, dated 23 March 2012.

Based on this information and in an effort to continue producing as much information in
discovery as possible, regardless of classification, the United States is willing to produce
forensic copies of the 5 drives to the defense, but only after receiving authorization from
relevant OCAS, if classified information is identified on the drives. In order to make this
happen, we will have our forensic experts continue their examination and then pass the
information to the security experts to start a review. Our goal is to have the drives
examined and approved for release by 18 May 2012, the Court's deadline for the other matters
in the defense motion to compel.

The United States does not acknowledge any of the defense's arguments or stated
interpretation of the relevant authorities. The United States maintains that a complete
search of these drives is not material to the preparation of the defense, regardless of their
classification. Additionally, the United States has never maintained that the forensic
computer exams will take an extended period, but rather it would takes weeks for the security
experts to review the 14 hard drives for classified information and the prosecution to obtain
needed approvals. Now knowing that only five drives are at issue (the fifth being partially
wiped), this process should not be too onerous for our security experts and they should be
able to complete everything, including obtaining approvals, if any, within the next 30 days.

Please let us know whether this is acceptable and we will notify the Court. Additionally,
please let us know whether you still require your forensic experts to travel this week or
next week for the motions hearing.

v/r
Ashden

Defense_Unclass_Emai|_1717



31476









From: David Coombs
Sent: Monday, April I6, 20l2 4:36 PM
To: Fein. Ashden MAJ USA
Cc: Morrow Ill. JoDean.
CPT USA SJA Over ard.
Angel M. CPT USA SJA
Wh e. Jeffr H. CPT USA SJA
VonElten. Alexander S. ILT USA IFHQ-
SJA Ford, Arthur D. CW2 USA
SJA
Subject: Hard Drives (EnCase Forensic Images)
Ashdert

I would like for you to nm the search per the court's order. Once we have
the results of those searches. then I will give you position on the
option you propose. Additionally. I still need my forensic expen to travel
this week to corliuct meded forensic work. am I would like for him to be
present for the motiom hearing Lastly. please provide to the
other questions that I sertt to you last Friday.

Best.
David

David E. Coombs Esq.

Law Office of David E. Coonbs

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

Toll Free: 1-800-588-4156

Local: (508)689-4616

Fax: (508)689-9282



??ConftdentiaIit_v Notice: This transmission. including attachments. may
contain con?dcnial attorney-elicrl infomiation 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. Unauthoruai disclosure. copying
or use of this informatiort may be unlawful and is prohibited!?

Defense_U nclass_Email_1 71 8

02931906


From: Fein. Ashden MAJ USA SJA
To: David Coombs

Sent: Monday, Apn'I 16. 2012 4:49 PM


cc: Morrow Jooean. CPT
USA JFHQ-NCRIMDW Overgaard, Angel M. A Whyte,

Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: VonEIten, Alexander S. 1LT USA JFHQ-NCR
Ford. Anhur D. CW2 USA SJA

I subject: RE: Hand Dnves (Encase Forensic Images)
hnponance: t?gh
David,

Thank you. we will coordinate the forensic experts travel; however we are confused by your
email. In the defense renewal of the motion to compel discovery, you ask the Court to "order
the Government to conduct searches on the relevant After the initial review
of the drives and understanding how much information will be required to be reviewed for
classification, the United States is willing to perform exactly what the defense is
requesting, with the addition of providing forensic images of the drives, as per the original
request. It would be wholly less efficient for the defense and the United States to continue
having our forensic experts conduct a cursory review of the drives and litigate this issue,
when the government is willing to provide the defense the information you originally
requested (assuming we obtain the proper approvals For any classified information). Please
provide clarification.

we will provide you answers to your questions on Friday and updates on other issues by C08
today.

v/r
Ashden

Defense_Unc|ass_EmaiI_1719

02564185

From:

Sent:
To:
Subject:

31478

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

Joshua CPT USARMY (US)

Monday, April 16, 2012 4:57 PM

Fein. Asnden MAJ USA Santiago. Melissa CW2 USARMY (US)
RE: More email issues with Judge receiving Mr. Coomb's emails. (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats:

Sir

I have provided Mr. Coombs with the password, as requested.

v/r
Josh

Defense_UncIass_EmaiI_1720

NONE

Thanks.

025641 82

Previously in Encl 1














From: David Coombs

Sent: Monday, April I6, 20I2 5:02 PM

To: Fein, Ashden MAJ USA SJA

Cc: Morrow Ill. JoDean.
PT USA FHQ-NC SJA Dvergaard.
Angel M. CPT USA SJA
Whyte, Jeffrey H. CPT USA SJA

V?onElten. Alexander S. ILT USA JFHQ-

SJA Ford, Arthur D. CW2 USA
SJA

Subject: RE: Hard Drives (EnCase Forensic Images)

Ashden

I guess I don?t understand ivhal you are saying. If _vou are doing the

searches for iinaiithorired softxvare. per the oiin's order. _\'0lI should have

the results NLT 20 April. lfsou are also doing a search utilizing the

method the Defense experts suggested. _vou should have those results NLT 20
April. So I would like the results of either search on or before 20 April.

At point. we can discuss wliether you uould also prov ide an EnCase cop)

to the Defense.

Also. can't _\ou respond to an) of the Del'eiise's questions until Fridziv??
I would like to have the ansucrs to the questions sooner rather than later.
especially \\llh respect to the following:

I) With regards to the unclassified damage assessments provided in
discovery. when did the Govcmmem receive these dociunentsi?

2) Are there any more unclassi?ed damages assessments in tlie Govcninient's

possession?

3) Who is the Govemment bringing from the Department of State for the
motions hearing?? Can you provide this person's contact infomiation?

Best.
David

David E. ooinbs. Esq.

Law Ot?ce of David E. oornbs

ll South Angell Street. #317
Providence. RI 02906

Toll Free: l-800-588?ll56

Local: (508) 689?l6l6

Fax: (508) (:89-9282



Defense_Unclass_Email_1721

02931901
Previously in Encl 1

From: Fein. Ashden MAJ USA SJA
Sent: Monday. April 16. 2012 5:31 PM
To: David Coombs

cc: Morrow m. on
USA Overuaard. Angel M. CPT USA Whyte.
Jeffrey H. CPT USA SJA: VonEIten. Alexander S. 1LT USA JFHQ-NCR
Ford. Arthur D. CW2 USA SJA

Subject: RE: Hard Drives (Encase Forensic Images)

David,

As for the forensic drives, CID will continue examining the drives as per the Court's order
and we will provide the results by 20 April 2012. However, in an effort to save time and
resources for all parties involved (defense, government computer experts, government
classification experts), we can produce the forensic images of the drives, as per the
defense's original request. The defense will be able to conduct any analysis/procedure it
wishes with complete copies of the drives.

we can wait until after 20 April 2012, however it will take more time after that to get those
drives fully reviewed for security classification purposes, than merely the filenames. If
the defense ultimately wants the forensic images and access to the files (as per the original
motion and the renewed motion) sooner than later, the United States recommends the defense
support this way forward, so we can divert CID resources from continuing to search for these
programs and having to dedicate security experts to the review of the lists, and just have
all of them focus on the actual files. we are confident we will be able to have them
reviewed and approved, absent some unusual issue, by 18 May 2012.

Following this email, I will send you responses to your questions from Friday. My previous
email was intended to simply explain that I will provide you answers by C08 today, for your
questions you asked on Friday.

v/r
Ashden

Defense_UncIass_Email_1722



02926180
31481

Ftom: Fein. Ashden MAJ USA SJA

Sent: Monday, April 16, 2012 5:42 PM



Subject: RE: More email issues with Judge receiving r. oorn eman s. (UNCLASSIFIED)
Thanks.

Defense_UncIass_EmaiI_1723

02936523
Previously in Encl 1

I

From: Fein, Ashden MAJ USA SJA

Sent: Monday, April 16. 2012 5:48 PM

To: David Coombs; Overgaard, Angel M. CPT USA Morrow JoDean,

CPT USA SJA: Whyte, Jeffrey H. CPT USA SJA:
VonElten. Alexander S. 1LT USA SJA

Cc: 'Tooman. Joshua

Subject: Discovery

David,

Below are our responses to the applicable questions. The others should be OBE or subject to
other emails today.

1) The prosecution has been working with many government agencies pursuant to our obligation
to search for discoverable information under Williams. As we identify discoverable
information, we seek approvals to release the information. Over the past few weeks, we
reviewed these particular assessments; identified discoverable information contained within,
obtained approvals to release them, and produced them to the defense as soon as possible.

2) The prosecution continues to review additional unclassified assessment(s), and will
diligently work to obtain approvals to turn the discoverable portions, if any, over in
discovery.

4) The United States will notify you of the individual, once we receive the information. we
expect this decision in the next few days. Additionally, we will work to provide you contact
information for the individual and/or setup a time prior to the motions hearing for you to
interview the individual.

5) I am confident we can work on this as we move forwardposition to
send any as of yet. we will address this issue after the next motions hearing.

7) I will check with Mr. Parra about this issue.

8) The Department of State is processing your Touhy request and we were told that they might
have an answer by the end of this week.

9) Please see your previous email at the very bottom.

A) Defense expert witnesses. He should be able to give you a comprehensive answer on the
status of funding for your experts and their contract issues by Wednesday, as per my email
last week. Once CW2 Parra returns this is his priority. They are currently funded for their
travel tomorrow. SGT Feito is making their reservations and has been trying to contact them.

8) OCA POCs.
1. Rear Admiral David woods (CDR Thomas welsh, SJA, JTF-GTMO,


2. LT Gen Schmidle (LTC Lisa Gumbs, OSJA, cvesacom at 3. Vice Admiral Robert
Harward (should obtain tomorrow) 4. Rear Admiral Donegan (should obtain tomorrow)

v/r
Ashden

Defense_Unclass_EmaiI_1724





02935176
31483

From: Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Monday, April 16, 2012 6:00 PM

To: David Coombs; 'Tooman. Joshua CPT USARMY

Cc: Morrow m. JoDean, CPT USA JFHQ-NCRIMDW SJA:

Overgaard. Angel M. CPT USA Whyle, Jeffrey H. CPT USA JFHQ-
VonElten. Alexander S. 1LT USA SJA: Ford, Arthur D.
CW2 USA JFHQ-NCRIMDW SJA

Subject: Expert Travel

David and Josh,

SGT Feito just spoke with Mr. Struttman and he told her that he was not tracking to travel to
Fort Meade, MD tomorrow because he did not receive the funding update from the defense last
week. Could you please let us know whether you still want him to travel tomorrow and let him
know as well. SGT Feito is standing by to coordinate his travel.

Thank you.

v/r
Ashden

Defense_UncIass_EmaiI_1725


















02564177
31484
From: David Coombs
Sent: Monday, April I6, 2012 6:33 PM
To: Fein, Ashden MAJ SJA
Cc: . Morrow Ill. .loDean.
PT USA A Overgaard,
Angel M. CPT USA SJA
Whyte, Jeffrey H. CPT USA SJA
V'onElten, Alexander S. 1LT USA JFHQ-
SJA Ford. Arthur D. CW2 USA
IF HQ-NC SJA
Subject: RE. Hard Drives (EnCase Forensic Images)


The requests that the Govcnuncm compl} \\'llh the Court's order. We
?ill deal with arr_v remaining issues after 20 April

Best.
David

David E. Coornbs. Fsq.

Law Office of David E. ootnbs

ll South Angeli #317
Providence. RI 02906

Toll

Local: (508) 6894616

Fax: (508) 689-9282

mm

Notice: This transmission. including attachments. ma)
contain con?dential infomiation and IS intended for the
pcrsonts) or company named. If you are not the recipient. please
notil'_v the sender and all copies. Unauthorized disclosure. copying
or use of this infonnalion may be unlawful and is prolubitcdf"

Defense_Unc|ass_Emai|_1726

02564176

Subject:

Ashden .

31485

Dax id oombs Monday. April I6. 2()l2 6:35 PM

Fcin. USA SJA ?Tooman.
Joshua CFT USARMY

Morrou Ill. .|oDcan. USA SJA
Overgaard. Angel M. CPT USA SJA
;Wh_\tc. Jeffrey H. CPT USA SJA

VonElten. Alexander S. ILT USA SJA

Ford. Arthur D. CW2 USA SJA











Expert Travel

Plcusc coordinate travel for Mr. Suuttmunn. As stated before. I need Mr.
Struttmunn to conduct additional forensic work. and would like to have hun
present for the Article 391a). lhunk you

llaesl.
David

David l-I t'oomhs. l-Lsq

Lam ()lT1cc 0l?l)uvid Coonths

I I South Angel] Street.
Providence. RI nzvno

Toll Free;

Loculi (S08)

Fax: (508

coomhsra unnycounnianiuldetenmcom
ms .uniiycotu1rnumuldet'ense com

Notice: This transmission. including uluiclinients. man
contain con?dential uttomey-client information and is intended for the
person(s) or company named. If you are not the intended recipient. please
nntifx the sender and delete all copies. nautl1un'/ed com mg
or tux: of this inliommlion may he unlau liul and is prohibited.?

Defense_Unc|ass_EmaiI_1727

02935173
31486


From: Fein. Ashden MAJ USA SJA
Sent: Monday, April 16, 2012 6:41 PM
To: David Coombs; Tooman. Joshua CPT USARMY
Cc: Morrow m, JoDean, USA

overgaaru, Angel M. CPT USA wnyte. Jeffrey H. CPT USA JFHQ-
VonEIten. Alexander S. 1LT USA JFHQ-NCRWIDW Ford. Arthur 0.
CW2 USA SJA

Subject: RE: Expert Travel

David,
Thank you. SGT Feito is standing by to assist tonight.

v/r'
Ashden

Defense_Unclass_EmaiI_1728



Previously in Encl 1

From: David Coombs

Sent: Monday. Apn'l I6, 2012 6:42 PM

To: Fein. Ashden MAJ USA SJ
Subject: RE: Discovery



With regards to it I. I am not clear when the neccived these

assessments. I understand mm your email that you reviewed the assessment

over the past few weeks. but how long have you had these assessments??
Additionally. some of these assessments are interim assessments. Do you
lnve any follow up assessments?

Best.
David

David E. Cootnbs. Esq.

Law O?icc of David E. Coombs

ll South Street. #317
Providence. RI 02906

Toll Ftec:

Local: (508) 689-86l6

FM: (508)689-9282



??*Con?dentiality Notice: This transmission including attachments. may
contain confidential infonnation and is intended for the
peison(s) or company named. are not the intended Incipient. please
notify the solider and delete all copies. Unauthorized disclosure. copy ing
or use of this infonnation may be unlawful and is pnoliibitedf?

Defense_UncIass__EmaiI_1729

02564169

31488

From: David Coombs
Sent: Monday. April I6, 20l2 6:43 PM

To: Fein, Ashden MAJ USA srA?

Subject: RE. Expen Travel


Please provide me with SGT Feito?s contact infomiation

Best.
David

David E. Coombs. Esq.

Law O?ice of David E.Cooiri1s

ll South Angel! Street. #317
Provideme. RI 02906

Toll Free: |~800-588-4156

Local: (508) 689-8616

Fax: (508)689-9282



Notice: This transmission. including attachments. may
contain eon?dcrlial attomey-elicrl infonnation and is intended for the
person(s) or named. If you are not the irlended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infomiation may be unlawful and is prohibited"''

Defense_Unc|ass__Emai|_173O

02935169



31489

From:
Sent:
To:

Cc:
Subject:

David,
SGT Feito is Cced.

v/r
Ashden

Defense_UncIass_Emai|_1731

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Monday, April 16. 2012 6:54 PM

David Coombs

Feito. Beatriz SGT USA JFHQ- SJA
RE: Expert Travel

She is working the issue from home on her BB and Laptop.

02584166
31490

From: David Coombs

Sent: Monday. April I6, 20l2 6:55 PM

To: Fein, Ashden MAJ USA SJA
Cc: Feito. Beatriz SGT USA IF HQ- SJA
Subject: RE: Expert Travel

SGT Feito.

Please call Mr. Stnittrnann_ He is standing by for your call

now. 11tanli you.

Best.

David

David Coombs. Esq.

Law Ol?ce of David E. Coottbs

I I South Ansell Street. #317
Providence. RI 02906

Toll Free:

Local: (508)

Fax.? (508) 689-9282



Notice: This transmimiort including attachments. may
contain confidetlial attorney-clicrl information and is intended for the
person(s) or named. lfyou are not the itlended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infomtation may be unlawful and is pI0llibilod'"

Defense_Unc|ass__EmaiI_1732



02554708
31491

From: Parra, Jairo A. W01 USA SJA

Sent: Tuesday, April 17, 2012 9:18 AM

To: David Coombs

Cc: Fein, Ashden MAJ USA Ford, Arthur D. CW2 USA

SJA
Subject: Family Access to FGMM (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

David,

This issue has been coordinated with Mr. George Cartagena at

the FGMM VCC. The VCC has your folder and are expecting you and your family
members. You and your family members are required to be present so they can
take picture for the badges prior to or on first day of the hearing.

Perhaps coordinating the date is most preferred and easier for FGGM. If you
have any questions please let me know.

v/r,

JP

Jairo A. Parra

CW2, JA

Legal Administrator
JFHQ-NCR, 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

Classification: UNCLASSIFIED
Caveats: FOUO

Defense_Unc|ass_Emai|_1733



02936517

Previously in Encl 1

I

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Tuesday, April 17, 2012 9:47 AM

To: David Coombs

cc: Bouchard. Paul CPT USARMY Morrow m, JoDean.
CPT USA Overgaard, Angel M. CPT USA
Whyte. Jeffrey H. CPT USA VonElten. Alexander S. 1LT USA
Ford, Arthur D. CW2 USA SJA

Subject: RE: Discovery

David,

Since prior to referral, we have been coordinating with different federal organizations which
we have reason to believe prepared an assessment, as a result of our continuing Williams
and/or ethical obligations. Those organizations began providing us with these assessments as
early as a few weeks ago and as recent as a few days ago. we adopted an efficient method of
receiving, reviewing, and, if necessary, obtaining approval for the disclosure of the
assessments, so that we can produce the discoverable portions, if any, to the defense as soon
as possible. These assessments are the most current.

The prosecution will continue to produce as much information as authorized to mirror open-
file discovery, but only pursuant to the authority we receive, based on balancing disclosure
with protecting national security.

v/r
Ashden

Defense_Unclass_EmaiI_1734

02564164
31493
From: David Coombs
Sent: Tuesday, April I7. 2012 AM

To: Parra, Jairo A. CW2 USA SJA

Cc: Fein. Ashden USA SJA
Ford, Arthur D. CW2 USA SJA

Subject: RE: Family Access to FGMM (UNCLASSIFIED)




CW2 Pam.
Thank you for pvoviding n: with this update.

BesL
David

David E. Coombs. Esq.

Law Office of David E. Coombs

I I South Angeli Sttect. #3 I 7

Pun idcnoc. RI 02906

Toll Free: I-800-588-H56

Local: (508) 689-t6l6

Fax: (508) 689-9282



Notice: This ttansmission. including attachments. may
contain con?deuial attomey-clicn information and is intended for the
person(s) or company named. If you are not the intended recipient. please
mtify the semerand delete all copies. Unauthorized disclosure. copying
or use of this infonnation may be unlawful and is pmhibitod"?

Dafense_Unciass_Emai|_1735





02564158
Previously Sgpigixted in Encl 1
From: David oombs
Sent: Tuesday, April I7. 20l2 l2:ll PM

To: Fein. Ashden MAJ LYSA SJA











Ce: Morrow JoDean, CPT USA
SJA Overtzaard. Angel M. CPT USA
SJA Whyte, .letTrey H. CPT USA
SJA VonE|ten_ Alexander S.
ILT USA SJA Ford.
Arthur D. CW2 USA
'Tooman, Joshua CPT USARMY

Subject: RE: Discovery

Ashden

These assessments are dated November 20 It). Are ou sa_\ trig that _\ou Just got
these a few weeks ago?? You stated in your response to the Defense Motion to
Coiupel Discover) that you had requested these items in Ma) of 20! l. Win are
_vou receiving them I0 months later??

Finally. please ensure that you do not send emails to PT Bouchard or MAJ
Kemkcs. Your last email had listed Bouchard instead of Tooman.

Best.
Dav id

David E. Coombs. Esq.

Law O?ice of David E. oombs

ll South Angeli Street.
Providence. RI 02906

Toll Free: I-800-588-4l5(>

Local: (508) 6894616

Fax: (508) 689-9282

eoombs"0ami_\ eour1martialdcferLse.cotn


Notice: This transmission including attachments. may
contain oou?deriial attorney-client infonuation and is intended for the
person(s) or compan_v named. If you are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infonnation ma_v be unlawful and is prolubited!?

Defense_UncIass_EmaiI_1736



02564157
31495

From: David Coombs

Sent: Tuesday, April 17, 2012 5:06 PM

To: Fein, Ashden MAJ USA
Subject: Redactions

Ashden,

Can you tell me when you expect to send the Govemment?s version of the redacted motions?

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

1



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

Defense_Unc|ass_EmaiI_1737



02921725

31496

From: Fein, Ashden MAJ USA JFHQ-NCFUMDW SJA
Sent: Tuesday, April 17, 2012 5:07 PM

To: David Coombs

Subject: RE: Redactions

David,

we are finalizing the compilation of all the input. I expect to send something out in the
next hour and I don't expect to have any objections based on your redactions; however I have
to wait to hear from all the organizations.

v/r
Ashden

Defense_Unc|ass_Emai|_1738

02564155
31497

From: David Coombs
Sent: Tuesday, April I7. 20|2 5:09 PM

To: Fein, MAJ USA SJA

Subject: RE. Reductions

Thank you.

David E. Coombs. Esq.

Law Office of David E. Coonbs

ll South Angeli Sueet. #317
Providcme. RI 02906

Toll Free: I-800-588-l I56

local: (508) 689-l6I6

Fax: (508) 689-9282



Notice: This transmission including attachments. ma}
contain con?denial infonnalion and is intended for the
pcrson(s) or commny named. lfyou am: not the intended Incipient. please
mtify the sendcr and delete all copies. Unauthorized disclosure. copying
or use of this information may be unlawful and is piohibited.""?

Defense_U nclass_Email_1739

02936509

From:
Sent:
To:
Cc:

Subject:

David,



Previously in Encl 1

Fein, Ashden MAJ USA SJA

Wednesday. April 18. 2012 9:17 AM

David Coombs

Morrow ill. JoDean, CPT USA
Overgaard, Angel . SA Whyte, Jeffrey H. CPT USA JFHQ-
VonElten. Alexander S. 1LT USA Ford. Arthur D.

CW2 USA JFHQ-NCRIMDW 'Tooman. Joshua CPT USARMY
RE: Discovery

Since May 2011, the United States has requested that all entities whose files it is required
to search under Hilliams to segregate and preserve any records related to the accused, HL,

and the evidence in this case.

An example of this request has been provided in our filings.

Our continuing search of these records provided us with a good faith basis that potentially
discoverable information may exist within the files of more than fifty additional agencies.
The prosecution began coordinating with these agencies to review these materials

and, if discoverable, to obtain approval to disclose in discovery.

The assessments we

disclosed to the defense last week are the unclassified discoverable materials we reviewed
from these additional agencies.

The United States continues receiving, reviewing, and, if necessary, obtaining approvals For
the disclosure of the assessments, both classified and unclassified, to the defense.

v/r
Ashden

Defense_Unc|ass__Email_1740

02564154
Previously in Encl 1

From: David Coombs
Sent: Thursday, April 19, 2012 1:47 PM
To: Fein, Ashden MAJ USA SJA




SJA
Morrow JoDean, CPT USA WHO-

Whyte, Jeffrey H. CPT USA
VonE|ten. Alexander S.

Over aard, An el M. CPT USA IFH









SJA
SJA
1LT USA SJA
Arthur D. CW2 USA SJA

Cc: 'Tooman, Joshua CPT USARMY Santiago,
Melissa CW2 USARMY (US)
Subject: Issues
Ashden,

Please provide answers to the following questions:

1) Hard Copies: 1 would like to have hard copies of the charged documents for the 793(e) offenses delivered to
the NWC. You had previously indicated that this would not be a problem. Is this something that you could
accomplish before the end of next week?

2) FBI: 1 have looked through the majority of the FBI documentation and have some concerns regarding the
redactions. Many of the documents are incomprehensible due to the scope of the redactions. Can you tell me
who redacted these documents, and what was the standard used for determining what should be redacted?

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



**"Conf1dentiality 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 infomiation may be
unlawful and is prohibited.

Defense_Unclass_Email_1741

02933390

ewoo



From: Fein. Ashden MAJ USA SJA

Sent: Thursday, April 19. 2012 7:51 PM

To: "I'ooman, Joshua CPT USARMY David Coombs

Cc: Morrow Jooean, CPT USA SJA:
Overgaard, Angel . Whyte. Jeffrey H. CPT USA JFHQ-
VonElten. Alexander S. 1LT USA SJA: Ford, Arthur 0.
CW2 USA SJA

Subject: Forensic Experts Overage

Attachments: Billing, Computer Forensics Team Cyber Agents Timelinexlsx; RE:

Cyber Agents Invoice W91 QF7-1 1-P-0079.doc; W91 QF7-1 2-P-0031 .doc;
W91 QF71 \Accepted; W91QF712POO31
\Accepted

Josh and David,

In order to alleviate any confusion from this point forward, the military defense counsel is
responsible to supervise defense expert contractors, as annotated in the formal statement,
and must ensure there is no work performed outside of the contract.

Attached is a spreadsheet and all the supporting documentation for the defense's computer
forensic experts. As you will see, there was unapproved work completed for the Article 32,
which constitutes an unauthorized overage with contracting. From my understanding, Mr. Parra
spoke with Eric Lakes and Paul during the arraignment to clarify that CyberAgents and the
military defense counsel must contact contracting to account for the unapproved work to
arrange compensation.

we will support the defense's efforts to have your experts paid, especially considering they
have received subsequent approvals; however as it has been explained to us- this is a
contracting violation and must be resolved between the military defense counsel/contractor
and contracting.

v/r

Ashden

Defense_U ncIass_Emai|_1 742

02942748

31501
From: Fein. Ashden MAJ USA SJA
Sent: Thursday, April 19, 2012 3:20 PM
To: 'Tooman, Joshua CPT USARMY
cc: David Coombs: Morrow m, JoDean. USA JFHQ-

NCRIMDW Overgaard. Angel M. CPT USA Whyte. Jeffrey H.
CPT USA SJA: VonE|ten. Alexander S. 1LT USA SJA:
Ford, Anhur D. CW2 USA SJA

Subject: Classi?ed Information

Josh,

Now that the other military defense counsel are no longer on the case, please notify us when
all the classified information within their possession is properly secured by the defense
experts, pursuant to the Court's order and their courier cards have been returned to relevant
security managers. Also, please let us know which location the classified material will be
stored, so we can properly account for the material.

Additionally, it is our understanding that in the past MAJ Kemkes, Paul, or Melissa were
present, as government representative, with the forensic experts when conducting their
review. what is the defense's plan in order to ensure a government representative (military
or civilian) is present anytime classified information is being accessed, to include David's
access in or

Thank you!

v/r
MAJ Fein

Defense_UncIass_EmaiI_1743



02564153

From:

Sent:
To:
Cc:

31502

Tooman. Joshua CPT USARMY (US)

Thursday, April 2012 8:27 PM

rem, Ashden MAJ sm
Santiago, Melissa CW2 USARMY (US)

Morrow .loDean, CPT USA
Overgaard. Angel PT USA JFHQ-
Whyte, Jeffrey H. CPT USA

VonE|ten. Alexander S.
Ford,






SJA
ILT USA SJA
Arthur D. CW2 USA SJA

Re: Classi?ed lnfonnation

Mr. Coombs and I ?ill be discmsing the fomard on Monda} and null be sure to address this.

Thanks.

Josh

Defense_Unclass_Emai|_1744

02942745

Defense_Unc|ass_Emai|_1745



31503

Subject:

Thank you!

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Thursday. April 19. 2012 8:27 PM
Tooman. Joshua CPT USARMY (US)

Santiago, Melissa CW2 USARMY Morrow
Ill, JoDean. CPT USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA JFHQ-

NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW VonEIten, Alexander
S. 1LT USA Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Classi?ed lnfonnation

02564151
31504
rorn: David Coombs
Sent: ?Thursday. April I9, 2012 8:34 PM





To: Fein, Ashden MAJ USA SJA
'Tooman. Joshua CPT USARMY








Cc: Morrow Ill. JoDean, PT USA
SJA d, Angel M. CPT USA JFHQ-
NC Whyte. Jeffrey H. CPT USA
SJA VonElten, Alexander S.
ILT USA SJA Ford.
Arthur D. CW2 USA SJA

Subject: RE. Classi?ed Information

Ashdert

Here are the answers to your questions:

1) Tie classified infomtation will remain at Fon Meade and Fort Myer. 'l'he
Fort Meade location will be used to prmidc the Defense with access to
classified during any motions hearing and the trial. The Fort

Myer location will be for our paralegal. Chief Santiago is PCSing in July

I believe Iv.-r replacement will be given the same otlice tint she currently

is in at Fon Myer. Once CPT Toormn completes his PCS to D.C.. we can move
the Leavenworth safe to his o?ioc.

2) Computer foremic wort: Curremly. our forensic work is being done with
CPT Bouchard mting the gos-emmem represctlative being present. In the
future. we will have either CPT Bouchard. our paralegal or CPT Tooman

present:

3) My access: When I am in VA. my access is covered by the Naxy Secunty
representative. Ms. Socorro Robillard. When I haw access in MD. I am
always with a goverruncri representative.

4) Courier Cards: Can you explain why the courier cards will need to be
returmd?

Please let me know if you lave any questions or concerns.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coombs

ll South Angeli suoci. #317
RI 02906

Toll Free: I-800-588-ll 56

Local: (508) 689-4616

Fax: (508)689-9282



"?Confidentiality Notice: 11iis transmission including attaclunents. may
contain oonftderlial attomc_v-clicri information and is intended for the
pcrson(s) or company named. lfyou are not the recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infomiation may be unlawful and is

Defense_U nclass_Email_1745











02564149
31505

From: David Coombs

Sent: Thursday. April I9, 2012 8:36 PM

To: Fein. Ashden MAJ USA SJA
?Tooman, Joshua CPT USARMY

Cc: ?Santiago, Melissa CW2 USARMY Morrow
Ill, JoDean, CPT USA SJA
Over aard, An el M. CPT USA SJA

Jeffrey H. PT USA

SJA VonEltcn. Alexander S. ILT USA IF HQ-
SJA Ford. Arthur D. CW2 USA
SJA

Subject: RE: Classi?ed Information



Did you receive my eariier email today regarding copies of cenain
documents and the FBI discover}

Best.
David

David E. Coombs. Esq.

Law Ot?ce of David E. Coonts

ll South Angeli Street. #3 I 7
Providence. RI 02906

Toll Free: 1-800-588-3156

Local: (508) 689-8616

Fax: (508)689-9282



Notice: This u-ansmissiort including attachments. may
contain con?denial attorney-clierl infomiation and is intended for the
person(s) or company named lfyou are not the intended recipient. please
notify the sender and delete all copies Unauthorired disclosure. copying
or use of this infonnation may be urtlawftil and is prohibitcd"?

Defense_UncIass_Emai|__1747



02942733

31506

From: Fein. Ashden MAJ USA SJA

Sent: Thursday. April 19, 2012 8:37 PM

To: David Coombs; 'Tooman, Joshua CPT USARMY

Cc: 'Santiago, Melissa CW2 USARMY Morrow JoDean. CPT USA JFHQ-NCFUMDW

SJA: Overgaantl, Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA
JFHQ-NCRIMDW SJA: VonEIten. Alexander S. 1LT USA SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Classi?ed Information

David,

I did receive it. I am just getting through emails From today. I will respond shortly.

v/r
Ashden

Defense_Unc|ass_Email_1748

02564147



From: Tooman, Joshua CPT USARMY

Sent: Thursday, April 19, 2012 7:51 PM
To: Fein, Ashden USA
Subject: Automatic reply: Forensic Experts Overage

I will TDY at Fort Meade, MD, 20 April - 29 April and will have limited access to email. If you need immediate assistance
please contact Mr. Eddie Young at? Thank you.

Defense_UncIass_EmaiI_1749

02942737

31508

From: Fein, Ashden MAJ USA SJA
Sent: Thutsday, Apn'l 19. 2012 8:52 PM
To:



David Coombs' 'Tooman Joshua CPT USARMY US Bouchard Paul CPT USARMY
(USX
onow Ill. JoDean, CPT USA

Cc:
Overgaam. Angel M. CPT USA SJA: Whyte, Jeffrey H. CPT USA JFHQ-
VonElten. Alexandet S. 1LT USA Ford. Arthut 0.
CW2 USA SJA

Subject: RE: Classi?ed Information

David,

Thank you. If CPT Bouchard is no longer detailed to the case, then he cannot have access to
classified information pursuant to the Court's protective order and the Army G2's
authorization for military defense counsel. Please address this with the Court before he
continues to have access, because he is personally responsible for this material. we will
support the defense in a reasonable interim solution. For the same reasons, both MAJ Kemkes
and CPT Bouchard need to return their courier cards, because they are not authorized access
to classified information.

For the sole purpose of this email, I added MAJ Kemkes and CPT Bouchard.
Thank you!

v/r
Ashden

Defense_Unc|ass_EmaiI_1750

02564144

From:
Sent:
To:

Cc:

Subject:






31509
David Coombs
Thursday. April I9, 2012 8:58 PM
Fein. Ashden MAJ USA SJA
?Tooman, Joshua CPT USARMY 'Bouchard,

Paul CPT USARMY






Morrow JoDean, CPT USA
Overgaard. Angel M. CPT USA JFHQ-
Whyte, Jeffrey H. CPT USA
VonE|ten, Alexander S.
Ford.








SJA
SJA
ILT USA
Arthur D. CW2 USA JFHQ-NC

RE: Classi?ed Information

Ashden.

We can discuss this issue with the Court

Best.
DZl\'ld

David E. Coombs. Esq.

Law O?'tce of David E. Cootrbs

I I South Street. #3 7
Pmvidencc. RI 02906

Toll Free:

Local: (508) 689-I6l6

Fax; (508) 689-9282



Notice: This transmission. including attachments. tna_\
contain confidential attomcy-cliciu ittfonuation and is intended for the
person(s) or compan} named. If you are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infonnation turn be unlawful and is prohibited!"

Defense_UncIass_EmaiI_1751

02942741

31510

From: Fein. Ashden MAJ USA SJA
Sent: Thursday, April 19. 2012 8:59 PM
To:

David Coombs; 'Tooman, Joshua CPT USARMY 'Bouchard. Paul CPT USARMY






Cc: Morrow Jooean. CPT USA SJA:
Ovenoaard. Angel M. CPT USA Whyte. Jeffrey H. CPT USA JFHQ-
VonElten. Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Classi?ed Information

David,

Thank you. Please discuss prior to CPT Bouchard accessing any more classified

v/r?
Ashden

Defense_Unc|ass_Emai|_1752

02564140



From: David Coombs
Sent: Thursday. April 19, 2012 9:05 PM

To: Fein. Ashden MAJ us?. SJA

Subject: Classi?ed Information



CPT Bouchatd has not been officially temovcd as ofyct. We can discuss this
with the Court on Tuesday.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coortbs

ll South Angel! Street. #317
Pmvidemc. RI 02906

Toll Free: I-800-588-H56

local: (508) 689-4616

Fax: (508)689-9282

mm" .com

?Con?dentiality Notice: This transmission. including attachments. may
contain con?dctlial attomcy-clictl infonnation and is intended for the
pctson(s) or company named. If you are not the tccipicnt. please
notify the sender and delete all copies. Unauthorized disclosure. copying
or use of this infonnation may be unlawful and is pmlubitcd'?

Defense_Unclass_Email_1753

02564136

From:
Sent:
To:

Ce:

Subject:






31512
David Coombs
Thursday. April I9, 20|2 9:05 PM
Fein, Ashden MAJ USA SJA
'Tooman, Joshua CPT USARMY 'Bouchard,

Paul CPT USARMY

Morrow Ill, JoDean. CPT USA


Overgaard. Angel M. CPT USA JFHQ-








SJA Whyte, Jeffrey H. USA



Arthur D. CW2 USA JFHQ-NC
RE: Classi?ed lnfomiation


SJA VonElten, Alexander 3.

Ashderi

PT Bouchard has not been olTiciall_\ removed as of ct. We can discuss this
itli the Court on Tuesday.

Best.
Das id

D1l\'ld E. Coombs. Esq.

Omce of Da\ id E. oombs

ll South Angel! Street. #317
Providence. RI t)29t)(?

Toll Free: I-800-588-4l56

LOCHIL (503)

Fax: (508) 689-9282

ww ialdefcnse .com

Notice; This Irmsmission. including atlaciuuents. ma_\
contain oon?derlial attorney-clicrn information and is intended for the
pcrson(s) or company named. If you are not the intended recipient. please
notify the sender and delete all copies. Unauthorized disclosure. cop} ing
or use of this infonnation may be unlawful and is prohibited."?

Defense_UncIass_EmaiI_1754

02942729
31513

From: Fein, Ashden MAJ USA SJA
sent: Thursday, April 19, 2012 9:08 PM

To: David Coombs

Subject: RE: Classi?ed Information

David,

Great. Thank you!

v/r?
Ashden

Defense_Unc|ass_EmaiI_1755

02564133
31514

From: Bouehard, Paul usmwv (us)

Sent: Friday, April 20, 20|2 8:30 AM

To: Fein, Ashden MAJ USA SJA
David Coombs Tooman, Joshua PT

USARMY (US) ;Kemkes, Matthew] MAJ USARMY
(US)

Ce: Santiago, Melissa CW2 USARMY (US) Morrow




Ill. JoDean. CPT USA SJA
Overgaard, Angel M. PT USA SJA

Whyte. Jeffrey USA







SJA VonElten, Alexander S. ILT USA JFHQ-
SJ Ford, Arthur D. CW2 USA
SJA
Subject: RE: Classi?ed Information (UNCLASSIFIED)

Classi?cation: UNCLASSIFIED
Caveats: NONE

MAJ Fcin - FYI:

Yesterday afternoon I returned my courier card to Mr. an the appropriate secunty olTrcer here at Fon Meade.
I'm only opening and closing the clmsi?ed safe Mr. at this point.

I'm awaiting funher guidance and will comply with it.

Respectfully.

CPT Bouchard

Defense_Unclass_Emai|_1756

02942719
31515

From: Fein, Ashden MAJ USA SJA
Sent: Friday, April 20, 2012 10:32 AM
To:




Cc: Morrow JoDean. CPT USA SJA:
Overgaand. Angel M. CPT USA Whyte. Jeffrey H. CPT USA JFHQ-
VonE|ten. Alexander S. 1LT USA JFHQ-NCRWIDW Ford. Arthur 0.
CW2 USA SJA

Subject: Re: Classi?ed Information (UNCLASSIFIED)

Paul. Thanks. Based on dav1d's email last night that yall are still on the case, we see no
issue. Thanks!

Defense_UncIass_EmaiI_1757

02564130








31515
From: Bouchard. Paul CPT USARMY (us)
Sent: Friday, April 20. 2012 AM
To: Fein, Ashden MAJ USA SJA
coomb ann courtmartialdefensecom; Tooman, Joshua] CPT USARMY (U
Kcmkes. Matthew] MAJ USARMY (US)

Cc: Santiago, Melissa 3 CW2 USARMY (US) Morrow

Ill, JoDean. CPT USA SJ A
Over aard. An el M. CPT USA SJA
Whyte, Jeffrey H. PT USA
VonE|ten. Alexander S. ILT USA JFHQ-

Ford, Anhur D. CW2 USA





SJA
SJA

Subject: Classi?ed Information (UNCLASSIFIED)

Oassi?cationt UNCLASSIFIED
Caveats: NONE

Okay .

Thanks.



CPT Bouchard

Defense_Unclass_Email_1758

02564128
Previously S?igqifted in Encl 1

From: David Coombs
Sent: Friday, April 20. 20l2 I AM

To: Fein, Ashden MAJ USA SJA
'Tooman, Joshua CPT USARMY










Cc: Morrow Ill, JoDean, CPT USA
SJA Overgaard. Angel M. CPT USA
SJA Whyte, Jeffrey H. CPT USA
SJA VonElten, Alexander S.
ILT USA SJA Ford.
Arthur D. CW2 USA SJA

Subject: Forensic Experts Overage



Can you detail what the has done to resolve this ISSUC with
contracting?? Can you also provide me itli ti point of contact that you have
been working itli at coiitmcting to rcsolsc this issue?? If this issue

camiot be resolved. it will be raised with Lind given the fact that it

ill impact PFC Manning's right to obtain assistance.

Bcst.
David

David E. oombs. Esq.

Lou Office of David E. oombs

I I South Street. #317
Providence. RI 02906

Toll Free:

Local. (508) 689-l6|6

Fax: (508) 689-9282



Notice: This transmission. including ma)
contain oon?dctlial attorney-clicm infonnation and is intended for
pcrson(s) orcompany named. If you zinc not the intended recipient. please
notil) the sender and delete all copies. Unauthorized disclosunc. cop) ing
or use ofthis infonnation ma) be unlau ful and is

Defense_Unc|ass_Email_1759



02564126






Previously in Encl 1




From: David Coombs

Sent: Friday, April 20, 20l2 l2:34 PM

To: Fein. Ashden MAJ USA SJA
'Toornan, Joshua] CPT USARMY

Cc: Morrow Ill. JoDean. PT USA
SJA Overgaard, Angel M. CPT USA IF HQ-
SJA Whyte, Jeffrey H. CPT USA
SJA VonElten. Alexander
ILT USA SJA Ford.
Arthur D. CW2 USA SJA

Subject: RE: Forensic Expens Ovcrage

Ashden.

Please provide a copy of the current contract based upon the approved
funding request. Thank you.

Best.
David

David E. Coombs. Esq.

Law Office of David E. Coonbs

ll South Angel] Stmc-L #317
Providence. RI 02906

Toll Free:

Local: (508) 689-46|6

Fax: (508) 689-9282



??Con?dentialit_v Notice: This transmission including attachments. may
contain con?dcrlial information and IS iruendcd for the
pcrson(s) or company named. If you are not the intended recipient. please
notify the sender and delete all copies Unauthorized disclosure. copying
or use of this information may be unlawful and is prohibitcd.""

Defense_Unclass_EmaiI_176O



02933387

Previously Sgtmigted in Encl 1

I

From: Fein, Ashden MAJ USA SJA

Sent: Friday. April 20. 2012 6:44 PM

To: ?David Coombs'; 'Tooman. Joshua CPT USARMY

Cc: Morrow nu, JoDean, CPT USA SJA:

Overgaard. Angel M. CPT USA Whyle. Jeffrey H. CPT USA JFHQ-
VonEIten, Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

Subject: RE: Forensic Experts Overage

David,

Please discuss this with CPT Bouchard as the previous military defense counsel responsible
for the defense contractor, including managing their services and ensuring they had the
authority to work. Mr. Parra explained this to him and Eric Lakes when the issue first came
up- that they need to contact contracting to resolve the overage issue.

As for PFC Manning's continued right to expert assistance, there should be no issue. You
submitted a request for additional funding, and it was approved. Based on the approvals and
current contracts in place, the defense currently has $77,000 available for expert
assistance. It is imperative that CPT Iooman (now) tracks the expenditures and ensures the
defense experts do not spend more than the United States authorized.

v/r
Ashden

Defense_U nclass_Emai|_1761

02933384

From:

To:
Cc:

Subject:

David,

Previously Sgtiag?iged in Encl 1

Fein, Ashden MAJ USA SJA

Friday, April 20, 2012 6:48 PM

David Coombs; ?Tooman, Joshua CPT USARMY

I: Morrow Jooean, CPT USA JFHQ-NCRIMDW SJA:

Overgaard, Angel M. CPT USA SJA: Whyie. Jeffrey H. CPT USA
VonE|ten. Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

RE: Forensic Experts Overage

In my email yesterday, I sent the most recent copy, but it does not have the modification.

Once we receive a copy, I can send you one.

have copies.

v/r
Ashden

Defense_U ncIass_EmaiI_1 762

Additionally, the defense experts should also

02564123
Previously in Encl 1

From: David oombs
Sent: Friday. April 20. '20l2 6:49 PM

To: Fein. Ashden MAJ SJA
'Tooman, Joshua] CPT USARMY









Cc: MotTow Ill, .|oDean, CPT USA
Overgaard. Angel M. CPT USA
Whyte, Jeffrey H. CPT USA
SJA VonElten, Alexander S.
ILT USA SJA 2; Ford.
Arthur D. CW2 USA SJA
Subject: RE: Forensic Experts Overage


Again. please provide me with a summar_\ of what the eminent has done to
resolve this issue. Also. please provide me with a point of contact that

you haxc been working with in contracting. This will not be an issue that

the Defense is ?ghting with contracts to resolve. This issue

must be rcsolvod in the short term or it will impact on PFC Manning's right

to expert assistance.

Best.
Dux id

David E. oombs. Esq.

Law Office of David E. ooinbs

11 South Street. #317
Providence. RI 02906

Toll Fncc:

Local: (508)

Fax: (508) 689-9282

coombs"a


Notice: This mmsinission. including attachments. may
contain oon?dcmial attomcy-clicm infonnation and is intended for the
pcrson(s) or company named. If you are not the intended recipient. please
notify the sender and delete all copies. disclosure. cop) ing
or use of this infonnat ion may be iinIawl'nI and is prohibited!"

Defense_Unc|ass_EmaiI_1763





025641 22

Previously in Encl 1

From: David Coombs
Sent: Saturday, April 21, 2012 11:09 AM

To: Fein, Ashden MAJ USA SJA

Overgaard, Angel M. CPT USA SJA

Morrow 111, JoDean, CPT USA JFHQ-

Whyte, Jeffrey H. CPT USA

VonElten. Alexander S.

Ford, John







CIV (LS)
Cc: 'Tooman, Joshua CPT USARMY Santiago,
Melissa CW2 USARMY (US)
Subject: Computers
Ashden,

Please start the process of providing EnCase copies of the relevant hard drives to the Defense. Additionally, our
experts did not receive a copy of the latest contract.

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 infomiation may be
unlawful and is

Defense_U nc|ass_Emai|_1764

02941 727

Previously in End 1

A
From: Fein. Ashden MAJ USA SJA
Sent: Saturday, April 21, 2012 5:39 PM
To: David Coombs: Overgaand, Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean.

CPT USA Whyte. Jeffrey H. CPT USA
VonElten. Alexander S. 1LT USA Ford, Anhur 0. CW2 USA JFHQ-

SJA
Cc: 'Tooman, Joshua CPT USARMY Santiago??a CW2 USARMY
subject: RE: Computers

David,

we will start working on obtaining approvals to turn the drives over. Additionally, we will
ensure that the modified contract is sent out to the defense expert and CPT Tooman as the
government representative.

v/r
Ashden

Defense_Unc|ass_Emai|_1765

02564121
Previously in Encl 1

From: David Coombs
Sent: Saturday, April 21, 2012 6:35 PM
To: Fein, Ashden MAJ USA SJA

Over aard, An el M. CPT USA SJA

Morrow 111 oDean, CPT USA IF HQ-

Whyte, Jeffrey H. CPT USA

VonElten. Alexander S.

Ford, John








SJA
SJA
ILT USA SJA

CIV (US)
Cc: 'Tooman, Joshua] CPT USARMY Santiago,
Melissa CW2 USARMY (US)
Subject: Outstanding Issues
Ashden,

Please respond to the following issues before the end of Monday:
1) Who redacted the B1 discovery and under what standard?

2) What has the Government done to address the contract overage issue since January? Who in contracting has
the Government being working with to resolve this issue??

3) You had indicated that you would be providing additional Section disclosures to the Defense. When will
these be provided? Also, why weren?t these part of the original Section 11] disclosures?

4) When does the Government intend to provide hard copies to me at the of the 793 Charged documents?
I intend to address each of the above issues during our next 802.

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)689-4616

Fax: (508) 689-9282


rm

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|_1766



02565399
31525

From: Robillard, Socorro A., CIV, NAVWARCOL on behalf of

Robillard, Socorro A., CIV, NAVWARCOL

Sent: Monday, April 23, 2012 8:29 AM

To: Santiago, Melissa CW2 USARMY (US)

Cc: Gagne. Joyce, CIV, Fein. Ashden

MAJ USA SJA
Subject: Your NWC Access
CH2,

Thank you for this message. However, please refrain from sending NWC
messages that contain Personally Identifiable Information (PII)
especially PII in JPAS.

Your is PII and should not be sent

I will look again at your JPAS information, and if JPAS did not show the
information we needed for your access, please do the following procedure:

Let your Personnel Security Manager input a Visit Request in JPAS via this
SMO Code 001244. Security Managers should not be printing JPAS information
and sending them as attachments via NIPR. All clearances should be sent to
JPAS (if component or agency uses JPAS), and in turn the receiving command
(us) will just look at JPAS for clearance information.

we are aware that the Dept. of the Army uses JPAS so your Security Manager
will be able to input your Visit Request using the SMO Code provided.

FYI - JPAS should reflect your updated clearance, and if JPAS doesn't show
it, NWC can only give you unclassified access, so please communicate with
your Security Manager.

V/r Corrie

Ms. Socorro Robillard

(Information Security Specialist)
Classified Material Control Officer
NATO Sub?registry Control Officer

sm address:

Naval war College
DSN:

Comm:

E-mail:

HUMAN THREAT T0 NATIONAL SECURITY:
Did Not Know the Rules - Did Not Understand the Rules - Did Not Follow the
Rules"

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission
>may contain confidential information intended only for the person(s)
>named above. Any misuse or unauthorized disclosure may result in both
>civil and criminal penalties. If you receive this transmission in
>error, please notify the sender at the telephone number or e?mail address

1

Defense_Unclass_Emai|_1767

02565399

31526

above.

Defense_Unclass_Email_1767

02924286

Previously in Encl 1

From: Fein, Ashden MAJ USA SJA

Sent: Monday, April 23, 2012 7:30 PM

To: David Coombs

Cc: 'Tooman, Joshua CPT USARMY Santiago, Melissa CW2 USARMY

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean, CPT USA
Whyte, Jeffrey H. CPT USA VonEIten,
Alexander S. 1LT USA Ford, John CIV (US)

subject: RE: Outstanding Issues
Attachments: 120423-Section DiscIosures.pdf
David,

1. For the FBI file, the United States provided the defense with, at a minimum, all
information that we determined was discoverable under RCM 701(a)(6) and Brady. Redacted
information falls outside RCM 701(a)(6) and Brady.

2. As explained before, Mr. Parra spoke with Eric Lakes and CPT Bouchard about this before
the arraignment. Specifically, Mr. Parra spoke with CPT Bouchard on the phone and explained
that the military defense counsel, as the government supervisors of the contract must submit
a separate request to contracting because they are ultimately responsible for the
unauthorized commitment of funds. Additionally, on 8 Feb 12, Mr. Parra spoke with Eric Lakes
and CPT Bouchard on the phone and explained that in order to receive the payment for the
unauthorized amount, both the military defense counsel and Eric Lakes had to deal directly
with the contracting officer who issued the contract. The information is printed on the
contract for the contractor and is Sherry L. Carner,

At the end of last week, the contract modification did not occur
based on a funding issue; however today contracting is finalizing the modification. we will
send the updated contract, once we receive it, but Mr. Lakes will receive a copy before we
do. Still as of today, the defense has $35,000 for forensic expert consultation.

3. The United States previously provided all the Section disclosures up to arraignment.
Under our continuing Section obligation, the United States provides the attached updated
disclosures for information produced since arraignment.

4. As per the Court's direction, the United States established a remote office in a
government facility for you to work with classified information, including a printer. NNC
has a printer available with the standalone classified laptop. As per our arrangement with
the Nwc, that printer is to be used to print any classified material to minimize couriering
of classified material. Along with the printer, NWC is providing the toner or ink, and the
prosecution is ready to send any additional supplies, if NWC requests. Please print the
material at the government facility to minimize any possible security issues.

5. OCA POC Contact Information. The last OCAs that you should need contact information for
are at CENTCOM. Please contact COL Bruce Pagel, Acting SJA, CENTCOM at
L1 to coordinate any conversations or meetings. This should be the

remaining POC contact information. Please let us know whether there are others that you need
assistance with obtaining. The United States still has not received a Touhy request for the
other Agency, if the defense still intends to submit one.

6. Interim Forensic Reports. Today we delivered to CH2 Santiago a copy of the interim
forensic reports (BATES: 00419805?00445503). we also a copy to NWC (Tracking:
798316692805) .

v/r

Defense_UncIass_EmaiI_1768



02924286

Previously in Encl 1

Ashden

Defe nse_U nc|ass_EmaiI_1768

02565394

awze

From: Robillard, Socorro A., CIV, NAVWARCOL on behalf of
Robillard, Socorro A., CIV, NAVWARCOL

Sent: Tuesday, April 24, 2012 9:15 AM

To: Santiago, Melissa CW2 USARMY (US)

Cc: Gagne, Joyce, CIV, Fein, Ashden
MAJ USA SJA

Subject: Access good to go!

Chief,
I went to see our Personnel Security Manager today. You are good to go!

Let me know when are you coming so I can take care of your access in
compound. I assume you have a CAC card so your Main Gate access is good.

For direction to the college, call NNC Quarterdeck 461-841-1310
My office number is written below.

V/r Corrie

Ms. Socorro Robillard

(Information Security Specialist)
Classified Material Control Officer
NATO Sub-registry Control Officer
SIPR address:

Naval war College
DSN:
Comm:
E-mail:




HUMAN THREAT T0 NATIONAL SECURITY:
Did Not Know the Rules - Did Not Understand the Rules Did Not Follow the
Rules"

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission
>may contain confidential information intended only for the person(s)
>named above. Any misuse or unauthorized disclosure may result in both
>civil and criminal penalties. If you receive this transmission in
>error, please notify the sender at the telephone number or e-mail address
above.

Defense_Unclass_Emai|_1769

02948043

31530

From:
Sent:
To:

Cc:
Subject:

David, we have been working on this as per our chat. Don't think it is necessary.

Defense_Unc|ass_Emai|__1770

Fein, Ashden MAJ USA SJA
Wednesday. April 25. 2012 7:14 PM


Overgaard. Ange! M. CPT USA JFHQ-NCRIMDW SJA
Re: Addendum to Protective Onder

02948043
31531

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Wednesday, April 25, 2012 7:14 PM

To:

Cc: Overgaand, Angel M. CPT USA JFHQ-NCRIMDW SJA
Subject: Re: Addendum to Protective Onder

David, we have been working on this as per our chat. Don't think it is necessary.

Defense_Unc|ass_Email_1770

02564119
31532

From:

Sent: Thursday. April 26, 2012 I 1:39 AM

To: Fein. Ashden MAJ USA
Subject: Re: 380-5

Please send the photos of clicm
Sent from my Verizon Wireless

Defense_Unclass_Emai|_1771



02946390

31533

From: Fein, Ashden MAJ USA SJA

Sent: Monday, April 30, 2012 8:44 PM

To: Williams, Patricia CIV SJA

Cc: ?David Coombs'; 'Tooman, Joshua CPT USARMY Santiago, Melissa CW2

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

CPT USA JFHQ-NCRIMDW SJA: Whyle. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA:
VonEiten. Alexander S. 1LT USA Ford. Arthur D. CW2 USA JFHQ-

NCRIMDW SJA
Subject: Appellate Exhibits
Attachments: RE: 380-5; 380-5

Ms. Williams,

Attached are the two emails the M3 referenced during our last session (Thursday morning).
She asked counsel if we had printed and had marked as appellate exhibits, and we both
answered no. Please add these. Thank you!

v/r
MAJ Fein

Defense_Unc|ass_EmaiI_1772

02564118
31534

From: Tooman, Joshua CPT USARMY (US)

Sent: Monday, April 30, 2012 8:46 PM
To: Fein, Ashden MAJ USA
Subject: Automatic reply: Appellate Exhibits

I will be out of the office until Thursday, 3 May due to a family emergency. If you need immediate assistance please

contact Mr. Eddie Young at - Thank you.

Defense_Unciass_Email_1773

02960641
31535

From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, May 01. 2012 9:11 AM

To: Robillard, Socorro A., CIV, Parra, Jairo A. CW2 USA SJA
Cc: David Coombs; Fold, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

subject: RE: May 14-18. 2012

Corrie,

Thank you! we will be sending a copy of all the charged documents this
week.

v/r?
MAJ Fein

Defense_Unc|ass_EmaiI_1774

02832861
3636

From: Robillard, Socorro A., CIV, NAVWARCOL

Sent: Tuesday, May 01, 2012 9:10 AM

To: Parra, Jairo A. CW2 USA SJA

Cc: David Coombs; Fein, Ashden MAJ USA SJA
Subject: May 14-18, 2012

Chief,

FYI - I'll be attending the Dept. of the Navy Security Seminar on May 14-18,
2612 in VA. Please try not to send any materials on that week. I already
informed Mr. Coombs the first time we met about this schedule, and he is
aware that any transmission (if any) on his part, has to be done before or
after May 14-18, 2612.

V/r Corrie

Ms. Socorro Robillard

(Information Security Specialist)
Classified Material Control Officer
NATO Sub-registry Control Officer
SIPR address:

Naval war Colle
osmi
Comm:

HUMAN THREAT TO NATIONAL SECURITY:
Did Not Know the Rules - Did Not Understand the Rules Did Not Follow the
Rules"




FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission
>may contain confidential information intended only for the person(s)
>named above. Any misuse or unauthorized disclosure may result in both
>civi1 and criminal penalties. If you receive this transmission in
>error, please notify the sender at the telephone number or e-mail address
above.

Defense_UncIass_EmaiI_1775



02832859

From:
Sent
To:
Cc:

Suhkmt

Ashden,

31537

David Coombs

Tuesday. May 01, 2012 9:43 AM

Fein, Ashden MAJ USA Parra, Jairo A. CW2 USA
SJA

Ford, Anhur D. CW2 USA Santiago. Melissa CW2 USARMY (US):

I
RE: May 14-18. 2012

Thank you for taking care of this issue for the Defense.

Best,
David

David E. Coombs, Esq.

Law Office of David E.

COOMDS

11 South Angell Street, 8317

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.

and delete all copies.

If you are not the intended recipient, please notify the sender
Unauthorized disclosure, copying or use of this information may be

unlawful and is prohibited.*?

Defense_Unclass_Emai|_1776



02833129

awss

From: David Coombs

Sent: Tuesday, May 01, 2012 9:45 AM

To: Parra, Jairo A. CW2 USA Fein, Ashden MAJ USA

SJA

Cc: Santiago, Melissa cw: USARMY

Subject: Contract POC

CW2 Parra,

Can you provide me with the POC on the overage issue? Based upon our conversation, it should
only take a memorandum from CPT Tooman to explain the reason for the overage. I want to
speak with the POC to ensure our memorandum adequately addresses the issue.

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_UncIass_EmaiI_1777

02833130

awse

Sent Tuesday, ay 1, :4

To: David Coombs; Parra. Jairo A. CW2 USA Fem, Ashden MAJ USA

SJA
cc: Santiago, Melissa CW2 USARMY
subject: re: Contract POC

we also have not received a new contract to be able to bill against Trent's last trip there.

Thanks

Eric Lakes

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


616 Pasadena Drive

Lexington, KY 46503

cell -
land line -

Defense_Unc|ass_Email_1778



02832838

aw4o

From: David Coombs

Sent: Tuesday, May 01, 2012 10:01 AM

To: Parra, Jairo A. CW2 USA Fein, Ashden MAJ USA
SJA

Cc: Santiago, Melissa cw2 USARMY

Subject: New Contract

CW2 Parra,

On a separate issue, Mr. Lakes has not receive a copy of the new contract in order to bill
for the last trip done by Mr. Struttmann. I recall you mentioning that you had some issues
with the contract approval. Please provide a copy of the contract as soon as you can. Thank
you.

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_UncIass_EmaiI_1779

02832923

31541
From: David Coombs

Sent: Tuesday, May 01, 2012 12:44 PM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean, CPT USA Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW VonEIten, Alexander S. 1LT USA SJA

cc: 6'
Subject: Forensic Report
Ashden,

Can you provide me with the Bates for the forensic report dealing with Mr. Katz?s computer?
Thank you.

Best,

David

David E. Coombs, Esq.
Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 62906

Toll Free: 1-809-588-4156
Local: (508) 689-4616

Fax: (568) 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_Emai|_1780

02824590
31542

From: Williams, Patricia CIV JFHQ-NCRIMDW SJA

Sent: Tuesday. May 01, 2012 12:59 PM

To: Fein, Ashden MAJ USA SJA

Cc: ?David Coombs'; 'Tooman, Joshua CPT USARMY ?Santiago. Melissa CW2

CPT USA JFHQ-NCRIMDW SJA: Whyte, Jeffrey H. CPT USA
VonE|ten, Alexander S. 1LT USA Ford, Arthur D. CW2 USA JFHQ-
NCRIMDW SJA

Subject: RE: Appellate Exhibits (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOUO

Good Afternoon A11 -

Per MAJ Fein's Email request below, the items have been marked as Follows:
Email - AE (83)

TC's Email AE (84)


Trisha

Defense_Unc|ass_Emai|_1781

USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M.

02821064
Previously in Encl 1

From: Parra. Jairo A. CW2 USA SJA

Sent: Tuesday. May 01. 2012 1:22 PM

To: David Coombs; Fein, Ashden MAJ USA SJA
Cc: Santiago, Melissa 8 CW2 USARMY

Subject: RE: Contract POC (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

David,

As per our previous discussion and stated in your e-mail, it would be your
government representative (defense counsel) who must contact the contracting
officer to address the issues with the unauthorized commitment of funds.

I'm not totally sure if just a memorandum will address all the issues or
concerns the contractor may have. I would suggest you get all guidance and
way forward from them to avoid future complications. The POC for this issue
is: Sherry L. Carner at? or As far
as the modification of the current contract is concerned, the contracting
office is working in issuing the contract as soon as possible. However, the
modification of this contract should not prevent your experts in submitting
an invoice for the last trip, as money still available under the current
contract, which they can bill against in wAwF. If you have any questions
please feel free to contact me at your earliest convenience.

v/r,

JP

Jairo A. Parra
CW2, JA

Legal Administrator
JFHQ-NCR, NDN





- 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_Unc|ass_EmaiI_1782

02952147
Previously in Encl 1

From: Fein. Ashden MAJ USA SJA

Sent: Wednesday, May 02, 2012 3:02 PM

To: David Coombs

Cc: 'Tooman, Joshua CPT USARMY Santiago, Melissa CW2 USARMY (US): Morrow

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

Whyle. Jeffrey H. CPT USA VonElten, Alexander

S. 1LT USA Ford, Arthur 0. CW2 USA JFHQ-NCRIMDW SJA
Subject: Update

ENFORCEMENT SENSITIVE
David,
Please see below for an update.

1. Charged Documents. we have prepared copies of the charged documents and are waiting to
hear back from Corrie at the NRC prior to sending. Once we receive the green light for
shipment, we will overnight?FEDEX the documents.

2. JRCF. Your client is moving back to the JRCF today. what day and time would
you like him at the FGGM TDS office before the next hearing?

3. Forensic Images. we are working to receive copies of the forensic images and files so
that the security experts can review the material. Once that is complete, then we will
submit the request(s) for disclosure of the material.

4. Contracting. As Mr. Parra explained in his email, your experts can continue working up
to the limit explained in the spreadsheet in my previous email. He is working to have
contracting finalize the modification for the recent approval over $35,000.

5. Katz Report. CID executed an AIR (BATES: 00410690 - 00410692) and FBI executed a
document (BATES: 00417785-00417788).

6. TDS Support or Requirements. Based on the Summer turnover, are there any personnel,
resourcing, or support the defense needs from the prosecution/command, including an
attorney(s), legal administrator(s), or paralegal(s)? If so, please provide us a request NLT
15 May 12, so we can start working with the command, TDS, PPTO, or whomever else is required.

7. Viewing of Assessments Other Documents. we are working to finalize any approvals we
must have for full or limited disclosure of material pursuant to the Court's order. In the
case that information will be made available for inspection, you mentioned in chambers that
you would prefer to come earlier or stay later in the DC area around the next hearing to
review the documents. Is this still your preference, rather than flying down on or after the
18th?

Thank you.

v/r
Ashden

ENFORCEMENT SENSITIVE

Defense_Unc|ass_Emai|_1783



02802429
31 545

From: Williams, Patricia CIV JFHQ-NCRIMDW SJA
Sent: Wednesday. May 02, 2012 4:25 PM
To: ?David Coombs'; Fein, Ashden MAJ USA JFHQ-NCRIMDW Morrow Ill, JoDean. CPT

USA JFHQ-NCRIMDW 'Tooman. Joshua CPT USARMY Overgaard, Angel M.
CPT USA JFHQ-NCRIMDW whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW
VonElten. Alexander S. 1LT USA SJA

Cc: Boston. Louis J. MAJ USA JFHQ-NCRIMDW Ford. Arthur D. CW2 USA JFHQ-
Bradley, Princeton L. SGT USA JFHQ-NCRIMDW SJA
Subject: Updated Exhibit Lists (UNCLASSIFIED)
Attachments: New Format Exhibit List. 2 May 2012.pdf

Classification: UNCLASSIFIED
Caveats: FOUO

Good Afternoon All -

Attached is the most current AE list with the footers requested by the trial counsel 8
corresponding a1pha?numeric annotations to ease with identification. Per Chief Ford's
request, the font has been changed to Times New Roman in order to be compatible with all
computers and printers.

Once again, please destroy all previous versions of the AE list, as I will be using this
Format From this point Forward. Have a wonderful day!


Trisha

Defense_Unc|ass_Emai|_1784





02832628

Previously in Encl 1

From: David Coombs

Sent: Wednesday, May 02, 2012 5:18 PM

To: Fein, Ashden MAJ USA

Cc: 'Tooman, Joshua CPT USARMY ?Santiago, rssa MY Morrow

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

Whyte, Jeffrey H. CPT USA VonElten, Alexander

S. 1LT USA Ford, Arthur D. CW2 USA SJA
Subject: RE: Update

Ashden,

1. Thank you. I believe that as long as the information arrives before Friday the 4th, that
will work for Corrie.

2. I would like to have PFC BM brought to the Fort Meade TDS office at 1338 on 5 Jun. He
can be returned to the JRCF any time after 8 Jun.

3. Thank you.

4. Please keep me posted on the approval of the new contact. Once this is approved, I am
confident that our experts? expenses will not go over the approved amount.

5. Thank you.

6. You should have the IMC request for MAJ Hurley. Can you tell me when this will be taken
to the Also, the Defense will need a replacement for

CH2 Santiago. She is currently due to start out-processing on 25 June. I would like to have
a replacement for her by the first part of June so that we could have some overlap.

7. This will depend on what is being made available and the quantity.

Depending upon the nature of what is being made available, I may want to come down on the
18th or the following week. when do you think you could tell me generally what will be made
available?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 92906

Toll Free: 1-866-588J4156

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_UncIass_EmaiI_1785

02832893
31547

From: Sweetland, Elizabeth LTC USARMY (US)

Sent: Wednesday, May 02, 2012 11:40 AM

To: Fein, Ashden MAJ USA ?David Coombs'

Cc: Tooman, Joshua CPT USARMY Walden, Alexander CW3 MIL USA

Cremin, Mark COL MIL USA Hurley, Thomas MAJ MIL USA OTJAG

Subject: IMC of MAJ Hurley

Attachments: IMC Hurley approve.pdf; Manning IMC Request.pdf

Gentlemen:

COL Cremin recommends approval of PFC Manning's request to IMC MAJ Hurley. See enclosed memo
signed by me per his voco.



LTC Liz Sweetland

Executive Officer, TDS
office:

Fax:
Dstij


"Send lawyers, guns and money." (warren Zevon)

Defense_UncIass_EmaiI_1786

02952143

Previously in Encl 1



From: Fein, Ashden MAJ USA SJA

Sent: Wednesday, May 02, 2012 5:46 PM

To: David Coombs

Cc: 'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow

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

NCRIMDW Whyte. Jeffrey H. CPT USA VonEIten, Alexander

S. 1LT USA Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Update

David,
Apparently our flood gates opened and we are receiving emails. I just received the IMC
request and will acknowledge that email afterwards. As For I expect to have better

clarity at the end of next week. 1

v/r
Ashden

Defense_Unclass_EmaiI_1787

02962390
31 549

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Wednesday, May 02, 2012 5:46 PM

To: Sweetland, Elizabeth LTC MIL USA ?David Coombs'

Cc: Boston. Louis J. MAJ USA JFHQ-NCRIMDW Tooman, Joshua CPT USARMY

Walden, Alexander CW3 MIL USA Cremin, Mark COL MIL USA Hurley.
Thomas MAJ MIL USA OTJAG
Subject: RE: IMC of MAJ Hurley
Ma am,
Acknowledge receipt and MDH wi 11 start processing.

v/r
MAJ Fein

Defense_Unc|ass_Emai|_1788

02832948
3650

From: Robilland. Socorro A., cw.

Sent: Wednesday, May 02. 2012 7:01 AM

To: Waybright, Daniel W. SGT USA SJA

Cc: Fein. Ashden MAJ USA Ford, Arthur D. CW2 USA


Subject: RE: FEDEX Shipment (UNCLASSIFIED)
SGT,

I won't be in on Friday, May 4, 2012, so it's best to send it before that
day. I will have a chance to control them before issue.

V/r Corrie

Ms. Socorro Robillard

(Information Security Specialist)
Classified Material Control Officer
NATO Sub-registry Control Officer
SIPR address:

DSN:



Comm:

E-mail: .

HUMAN THREAT T0 NATIONAL SECURITY:
Did Not Know the Rules - Did Not Understand the Rules - Did Not Follow the
Rules?

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission
>may contain confidential information intended only for the person(s)
>named above. Any misuse or unauthorized disclosure may result in both
>civil and criminal penalties. If you receive this transmission in
>error, please notify the sender at the telephone number or e?mail address
above.

Defense_Unclass_EmaiI_1789



02833199

31551

From: Hurley, Thomas MAJ USARMY
Sent: Wednesday, May 02, 2012 5:48 PM

To: Fein, Ashden MAJ USA SJA

Subject: Automatic reply: IMC of MAJ Hudey

I am currently TDY and will not return to my office until 3 May 2612. I have no remote
access to email messages.

vou email me arm

If you need to contact DCAP, please call or email CPT Aaron Ralph or CPT Desiree Helmick.

Tom Hurley

MAJ, JA

Defense_UncIass_EmaiI_1790

02820667
Previously in Encl 1

From: Parra, Jairo A. CW2 USA SJA

Sent: Thursday, May 03, 2012 1:27 PM

To: David Coombs; 'Tooman,Joshua CPT MIL us USA
Cc: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

SJA
Subject: RE: Cyber Agents Invoice for April Review (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: FOU0

Eric,

This invoiced is not acceptable and it violates the terms of the contract.
You are to be paid by the hour, as stated in your contract, so you MUST
submit and invoice to the government that accounts for hours worked during
specific dates. Additionally, you cannot claim/get reimbursed for travel
dates. You and your associate are getting all travel expenses paid and per
diem provided for by the US government. I would not approve any payments
unless the invoice is by billable hours. If you have any questions please
feel free to contact me at your earliest convenience.

David,

Please ensure that all invoices are submitted to you and CPT Tooman for
accuracy before they are provided to me for payment. Thank you!



JP

Jairo A. Parra
CW2, JA

Legal Administrator
JFHQ-NCR, 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

Defense_Unclass_EmaiI_1791

02833126



3w53


From: Trent Struttmann

Sent: Thursday, May 03,

To: Parra. Jairo A. CW2 USA David Coombs;
Tooman.Joshua CPT MIL US USA TRADOC

Cc: Fein, Asnden MAJ USA Overgaard, Angel M. CPT USA JFHQ-


Subject: RE: Cyber Agents Invoice for Apnl Review (UNCLASSIFIED)

Excellent, I see you reference the contract and terms in this email, please Forward it.

Thanks,
Trent

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




Defense_Unclass_EmaiI_1792

02820649

3554
From: Parra. Jairo A. CW2 USA SJA

Sent: Thursday. May 03. 2012 3:04 PM

To: David Coombs; Tooman.Joshua CPT MIL us USA TRADOC
Cc: Fein, Asnden MAJ USA SJA: Overgaard. Angel M. CPT USA JFHQ-

SJA
Subject: RE: Cyber Agents Invoice for April Review (UNCLASSIFIED)
Attachments:

Classification: UNCLASSIFIED
Caveats: FOU0

Trent,

I have sent this contract multiple times in the past. Please keep copies of
it to ensure you reference it in order to avoid future complications. By
the way, the contract is the same as it was before. The pending
modification to the contract has not been delivered to me by the contracting
office.

v/r,

JP

Jairo A. Parra
CW2, JA

Legal Administrator
JFHQ-NCR, 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

Defense_Unclass_EmaiI_1793

02832864
31555

From: Robillard. Socorro A., CIV,

I Sent: Thursda Ma 03, 2012 3:23 PM
To:
Cc: ein, sh en

I Subject: Material arrived May 3, 2012

FYI to all:

I will count the pages of the materials that I just received, and then I
will issue it to Mr. Coombs. It might take a while because the pages are not
numbered. I won?t be in tomorrow so I will start the page counting on
Monday.

V/r Corrie

Ms. Socorro Robillard

(Information Security Specialist)
ClassiFied Material Control 0FFicer
NATO Sub-registry Control Otficer

Sm address:

Naval war College

DSN:
Comm:
E-mail: .

HUMAN THREAT TO NATIONAL SECURITY:
Did Not Know the Rules - Did Not Understand the Rules - Did Not Follow the
Rules"

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission
>may contain confidential information intended only For the person(s)
>named above. Any misuse or unauthorized disclosure may result in both
>civil and criminal penalties. If you receive this transmission in
>error, please notify the sender at the telephone number or e-mail address
above.

Defense_UncIass_EmaiI_1794

02960643

31556

I From:
Sent

To:

I Cc:
sub?un:

Corrie,

Thank you.
call BATES numbers.

Fein. Ashden MAJ USA SJA

Thursday. May 03. 2012 4:15 PM

Robillard. Socorro A., clv, NAVWARCOL


RE: Material arrived May 3, 2012

If you look at the bottom left of the pages, they have what we
These are unique numbers for each page in our discovery

process. Additionally, because these are "charged documents" they have
titles with sequential numbers on the top left.

v/r
Ashden

Defense_Unc|ass_Email_1795

02832862
31557

From: Robillard. Socorro A., CIV, NAVWARCOL
I Sent: Thutsday, May 03, 2012 7:00 PM
To: Fain. Ashden MAJ USA
- Cc:
Subject: RE: Material am'ved May 3, 2012
Ashden,

I will take a look at it and will figure it out on Monday. I will count all the pages and
assign the whole box of document under one Control Number. This will make it easier For my
sem1?annua1 inventory on June.

Corrie

Defense_Unc|ass_ErnaiI_1796

029521 62

Previously in Encl 1

From:
Sent:
To:
Cc:

Subject:
Attachments:

David,

Attached is the GCMCA's approval -For the INC request.

Fein, Ashden MAJ USA SJA

Friday, May 04. 2012 3:58 PM

David Coombs

Tooman. Joshua CPT USARMY 'Sanliago, Melissa CW2 USARMY Morrow
JoDean, CPT USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA JFHQ-
Whyle. Jeffrey H. CPT USA VonEIten, Alexander
S. 1LT USA Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Update

120504-GCMCA Approval IMC Request.pdf

As -For Cl.-l2 Santiago's planned

departure- is the defense requesting a legal administrator to replace her or a paralegal, or

both?
Thank you.

v/r
Ashden

Defense_Unclass_Email_1797

02951 093

Previously in Encl 1



From: Fein, Ashden MAJ USA SJA
Sent: Friday. May 04. 2012 4:17 PM
1 To: 'Tooman. Joshua CPT USARMY
Cc: David Coombs; ?Santiago, Melissa CW2 USARMY Morrow JoDean, CPT USA

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Why1e.

Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: VonE|ten. Alexander S. 1LT USA JFHQ-NCR
Ford. Arthur D. CW2 USA Parra. Jairo A. CW2 USA
SJA

Subject: FW: W91QF7-12-P-0031 P0001 (UNCLASSIFIED)
Attachments: 12-P-0031-P01.doc

Importance: High

Josh,

Attached is the modified contract -For your computer -Forensic experts. This was sent to
CyberAgents today with very speci?c instructions on what the contractor must complete For US
Army Contracting. Please see the below email and ensure they comply. Thank you.

v/r
MAJ Fein

Defense_Unc|ass_Email_1798



02832630

3660
From: David Coombs
Sent: Friday, May 04, 2012 4:22 PM
To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Cc: 'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow

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

Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: VonE|ten. Alexander

S. 1LT USA Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Update

Ashden,
Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

Toll Free: 1-880-588-4156

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_Emai|_1799

02832613

From:

To:
Cc:

Subject:

31561

Tooman. Joshua CPT USARMY (US)

Friday. May 04. 2012 4:26 PM

Fein. Ashden MAJ USA SJA

David Coombs; Santiago, Melissa CW2 USARMY Mowow Ill, JoDean, CPT USA
Overgaam, Angel M. CPT USA wnyte.
Jetfrey H. CPT USA VonE|ten, Alexander S. 1LT USA JFHQ-NCR
Ford. Arthur 0. CW2 USA JFHQ-NCRIMDW Parra, Jairo A. CW2 USA
SJA

RE: W91QF7-12-P-0031 P0001 (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

Roger, sir.

Defense_Unclass_Email_1800

02801627

3662

From: Parra. Jairo A. CW2 USA SJA

Sent: Monday, May 07, 2012 1:12 PM

To:

Cc: ein, Asnden MAJ USA HQ-NC MDW avid Coombs; Tooman,Joshua CPT MIL
USUSATRADOC

Subject: FW: W91
\Submitted (UNCLASSIFIED)

Attachments: RE: Cyber Agents Invoice for April Review (UNCLASSIFIED) (8.52 KB)

Classification: UNCLASSIFIED
Caveats: NONE

Eric/Trent,

I received a receiving report entered into NANF requesting payment for the
April hearing/travel. I have not received the requested invoice from your
company which details the work performed by the hour and the dates worked,
as stated in the contract and the modification, during the month of April.
If you have any questions please feel free to contact me at your earliest

convenience. Thank you!

v/r,

JP

Jairo A. Parra

CH2, JA

Legal Administrator
JFHQ-NCR, MDH




Direct
- Blackberry
I - 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_Email_1801

02812810

ewes
From: Morrow JoDean, CPT USA SJA

Sent: Monday, May 07, 2012 1:47 PM

To: David Coombs

Cc: 'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY

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

VonE|ten, Alexander S. 1LT USA Ford, Arthur D.

CW2 USA JFHQ-NCRIMDW Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Subject: lesser-included offenses (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

David,

Based on recent case law and the drafting of the specifications in this case, the government
is tracking and plans to propose the following as possible lesser?included offenses in this
case:

Specifications Charge II [18 USC 793(e) offenses]
- Clauses 1 and 2 of Article 134, UCMJ

Attempt

Specifications Charge II [18 USC 641 offenses]
- Clauses 1 and 2 of Article 134, UCMJ
- Attempt

- Value of property less than $1666

Specifications 13 and 14 of Charge II [18 USC 1636(a)(1) offenses]
- Clauses 1 and 2 of Article 134, UCMII

Attempt

This analysis presumes we have raised some evidence during trial on all the elements,
particularly in the case of attempts. If you have additional thoughts, if you feel there is
some common ground, or if you don?t think there is any common ground, let us know as soon as
you can. If there is common ground, we can discuss a way forward. Thanks.

1

Defense_Unc|ass_Emai|_1802



02812810
I 31564

CPT Joe Morrow
Trial Counsel

U.S. Army Military District of washington

Phone

Sm

I
I

Classification: UNCLASSIFIED
Caveats: NONE

Defense_Unc|ass_EmaiI_1802

02818661

3665

From: Parra, Jairo A. CW2 USA SJA

Sent: Monda Ma 07,2012 2252 PM

To: ??man.J?shua CPT MIL Us USA

Cc: David Coombs; Fein, Ashden MAJ USA Santiago, Melissa CW2


Subject: FW: Fw: W91
\Submitted (UNCLASSIFIED)

Attachments: Invoice for evidence review April 2012.xls; Cyber Agents Invoice for April Review (35.3

RE: Cyber Agents Invoice for April Review (UNCLASSIFIED) (8.52 KB)

Classification: UNCLASSIFIED
Caveats: NONE

Eric/Trent,

This invoice is still not compliant with the requirements under the contract
you agreed to with the government. As previously stated in my e-mail, the
government will not pay you for traveling expenses as this is already
provided to you by the government IAW JFTR. Additionally, this invoice
needs to be broken down by the dates accounting for every hour worked
18 April - 5 hour at $175 a $875.09). After all your dates and hours have
been accounted for please submit your invoice to CPT Tooman or CH2 Santiago
so that they will be able to verify your invoice for accuracy. Then, CW2
Santiago or CPT Tooman will submit the invoice on your behalf to the
government for payment. TDS is responsible for ensuring that your work and
hours are properly documented. Ensure that on future invoices travel days
are not included as they are paid separate by DTS (Defense Travel System).
I will not approve any payment unless your invoices are accurate and meet
the requirements of the contract and JFTR.

v/r,

JP

Jairo A. Parra

CW2, JA

Legal Administrator
JFHQ-NCR, 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

1

Defense_Unc|ass_EmaiI_1803

02818661



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|_1803

0283291 8

31567

From:
Sent:
To:

Cc:
Subject:

Attachments:

Trent Struttmann

Monday, May 07.

Parra. Jairo A. CW2 USA

Tooman,Joshua CPT MIL US USA TRADOC

David Coombs: Fein, Asnden MAJ USA JFHQ-NCRIMDW Santiago, Melissa CW2
USARMY (US)

re: FW: FW:
\Submitted (UNCLASSIFIED)

New Contract executed.pdf

Attached is the new contract, signed.

Trent

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

Mobile:

http: cyberagentsinc . com]

Defense_Unclass_EmaiI_1804

02832869

3668
From: David Coombs
Sent: Monday, May 07, 2012 5:53 PM
To: Morrow Ill, JoDean, CPT USA SJA
Cc: 'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY

Overgaard, Angel M. CPT USA Whyie, Jeffrey H. CPT USA JFHQ-

VonEIten, Alexander S. 1LT USA Ford, Arthur D.

CW2 USA Fein, Ashden MAJ USA SJA
Subject: RE: lesser-included offenses (UNCLASSIFIED)

Joe,

Thank you for sending me this information. Since I had not heard anything on this issue, I
did not believe that the Government wanted to work together on the LIOs.

with the exception of value of less than $1,969 for the 641 offense, I don?t agree with the
Government?s purposed LIOs. Thus, I don?t believe we really have any common ground. The
Defense will be filing a motion on Thursday for our requested LIOs. Pursuant to the Court?s
determination that paragraph 1-21 of AR 380-5 is punitive, the Defense will argue that
Article 92 is an LIO for each of the 793 offenses.

Let me know if you have any questions.

Best,

David

David E. Coombs, Esq.

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

Toll Free: 1-899-588-4156
Local: (598) 689-4616

Fax: (508) 689-9282


armycourtmartialdefense . com

Defense__Unc|ass_Emai|_1805

02832869
swag

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

Defense_Unclass_EmaiI_1B05

02812807

31570

From:

To: -
Cc:

Sub?nnz

Morrow JoDean. CPT USA SJA

Monday. May 07. 2012 6:15 PM

David Coombs

'Tooman. Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY
Overgaand. Angel M. CPT USA Whyte. Jeffrey H. CPT USA JFHQ-
VonEllen. Alexander S. 1LT USA Ford. Anhur D.
CW2 USA Fein. Ashden MAJ USA SJA

RE: lesser-included offenses (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE
David,
No problem.

CPT Joe Morrow
Trial Counsel

Sorry we didn't reach out sooner.

U.S. Army Military District of Nashington

Phone:
NIPR:





Defe nse_U nc|ass_Email_1806

I 02832732
. 31571
I
From: Robillard, Socorro A., CIV, NAVWARCO
Sent: Tuesday, May 08, 2012 9:01 AM
To:
Cc: Fein, Ashden MAJ USA SJA
Subject: Ready for issue
Dave,

Box of material is ready for issue as well as the one (1) CD that came a few
weeks ago.

Let me know when you can come in.

V/r Corrie

Ms. Socorro Robillard

(Information Security Specialist)
Classified Material Control Officer
NATO Sub-registry Control Officer
SIPR address:

Naval war Colle
osN:
Comm:

HUMAN THREAT T0 NATIONAL SECURITY:
Did Not Know the Rules - Did Not Understand the Rules - Did Not Follow the
Rules"

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission
>may contain confidential information intended only for the person(s)
>named above. Any misuse or unauthorized disclosure may result in both
>civil and criminal penalties. If you receive this transmission in
>error, please notify the sender at the telephone number or e-mail
>address

above.

Defense_Unc|ass_Email_1807

02812804

31572

From:

To:
Cc:

Subject:

Monow JoDean. CPT USA SJA

Tuesday, May 08.2012 11:15 AM

David Coombs

'Tooman. Joshua CPT USARMY ?Santiago. Melissa CW2 USARMY
Ovengaard, Angel M. CPT USA whyte, Jeffrey H. CPT USA JFHQ-
VonEIten. Alexander S. 1LT USA Ford. Anhur D.
CW2 USA Fein. Ashden MAJ USA SJA

RE: lesser-included offenses (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

David,

In our motion for proposed LIOs, I intend to proffer that the United States and Defense agree

on the 18 USC 641 LIO (value less than $1000).

CPT Joe Morrow
Trial Counsel

Any issue with including that in our motion?

U.S. Army Military District of Washington

Phone:
NIPR:
SIPR:

Defense_UncIass_EmaiI_1808



02832865

M573
From: David Coombs

Sent: Tuesday, May 08, 2012 1:10 PM

To: Morrow JoDean, CPT USA SJA

Cc: 'Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Why1e, Jeffrey H. CPT USA JFHQ-
VonElten. Alexander S. 1LT USA Ford. Arthur D.
CW2 USA JFHQ-NCRIMDW Fein. Ashden MAJ USA JFHQ-NCRIMDW Hurley.
Thomas MAJ MIL USA OTJAG

Subject: RE: lesser-included offenses (UNCLASSIFIED)

Joe,

Thank you for giving me the heads up on the intended proffer. Although I believe that the
less than $1,090 offense may be an LIO, I am not for sure if that is the case. As such, I
request that you do not state in your motion that the Defense agrees. I intend to conduct
some research on whether possible LIOs to a federal offense under federal law, become LIOs
when brought under Clause 3 of Article 134. Once I am able to verify the right answer, we
can discuss this issue again. Does that make sense?

Best,
David

David E. Coombs, Esq.

Law office of David E. Coombs

11 South Angell Street, #317
Providence, RI 92906

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_1809

0281 2799

31574

From:

To:
Cc:

Subject:

Monow JoDean. CPT USA SJA

Tuesday, May 08, 2012 1:13 PM

David Coombs

"rooman, Joshua CPT USARMY ?Santiago. Melissa CW2 USARMY
Overgaard_ Angel M. CPT USA Whyle, Jeffrey H. CPT USA JFHQ-
VonEIten. Alexander S. 1LT USA SJA: Ford, Anhur D.
CW2 USA Fein. Ashden MAJ USA Hurley.
Thomas MAJ MIL USA OTJAG

RE: lesser-included offenses (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats:

David,

That makes sense.
position.

CPT Joe Morrow

NONE

Thanks.

Trial Counsel
U.S. Army Military District of Washington

Phone:
NIPR:
SIPR:

Defense_Unclass_EmaiI_1810

I'll leave the issue alone for now and wait for clarification of your



02832633

M575
From: David Coombs
Sent: Tuesday, May 08, 2012 2:23 PM
To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Cc: Tooman, Joshua CPT USARMY ?Santiago, Melissa CW2 USARMY Morrow

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

Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW VonElten, Alexander

S. 1LT USA Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Update

Ashden,

I am sorry that I did not reply to this sooner. The Defense is requesting another legal
administrator. Let me know if you have any other questions.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

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_EmaiI_181 1

02952156



31576

Subject:

Thank you.

Defense_Unc|ass__Email_1812

Fein, Ashden MAJ USA SJA

Tuesday, May 08, 2012 2:39 PM

David Coombs

'Tooman, Joshua CPT USARMY ?Santiago, Melissa 8 CW2 USARMY Morrow
JoDean, CPT USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-
NCRIMDW Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW VonEIten. Alexander
S. 1LT USA Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Update

02822142
Previously in Encl 1

From: Parra, Jairo A. CW2 USA SJA

Sent: Tuesday, May 08, 2012 5:12 PM

To: Tooman. Joshua CPT USARMY (US)

Cc: David Coombs; Santiago, Melissa CW2 USARMY Hurley, Thomas MAJ MIL USA

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Subject: RE: Billing for Computer Forensic expens (UNCLASSIFIED)
Attachments: FW: Billing for Computer Forensic experts (UNCLASSIFIED) (40.6 re: FW:

W91 (46.6
Cyber Agents Invoice for April Review (35.3 KB)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

Per our conversation today, I need someone in the defense team to verify and
validate the current invoice submitted. I have received three different
invoices, all for the same trip in April, that have variances in information
for hours of worked performed and different amounts claimed. Given the
discrepancies, I do not feel like at ease with the invoice(s) and I must
ensure that government funds are properly accounted for and verified by a
government representative prior to payment. Please determine why we have
discrepancies in hours worked and amounts claimed during the April trip.
Remember the contractors are not allowed to claim travel expenses as they
are being paid to travel by the US government under the Defense Travel
System.

Ultimately, it is the defense team who must validate every hour the
contractors are working. Because we have received three different
accountings by your experts, please submit a signed memorandum that lays out
the exact work your experts performed by day and hour, with the total. From
this point forward, their bills will not be paid until they input their
information in wAwF and we receive a signed memorandum from a government
representative (TDS counsel) which attests to the actual work they
performed. If you have any questions please let me know. Thank you!

v/r,

JP

Jairo A. Parra
CW2, JA

Legal Administrator
JFHQ-NCR, MON





- Direct
- Blackberry
- Cell

The information contained in this email and any accompanying
attachments may contain Freedom of Information Act protected information,

1

Defense_Unclass_Emai|_1813

02822142

Previously in Encl 1



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__Unc|ass_Email_1813



02833200

31579

From: Tooman, Joshua CPT USARMY
sent: Thursday, May 10, 2012 5:31 PM

To: Fein, Ashden MAJ USA SJA

Subject: Automatic reply: Government Phase 2(b) Motion

I will be TDY at Fort Knox, Kentucky 10 May-12 May. I will return to the office on Monday,
14 May. It you need immediate assistance please Contact Mr. Eddie Young at
Thank you.

Defense_Unc|ass_EmaiI_1814

02832775

3680
From: David Coombs

Sent: Monday, May 14, 2012 11:28 AM

To: Fein, Ashden MAJ USA Hur1ey, Thomas MAJ USARMY

?Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA SJA

Cc: Parra, Jairo A. CW2 USA Santiago, Melissa CW2 USARMY
Ford, Arthur D. CW2 USA SJA
Subject: Protective Orders
MAJ Fein,

Please send MAJ Hurley any protective orders that you would like for him to sign in order to
have access to the unclassified and classified information. Additionally, I would like to
provide MAJ Hurley with a labeled version of the unclassified information. The Defense has
taken the unclassified discovery that was provided to us with just bates numbers, and
individually labeled each item in order to easily identify the document.

In order to provide MAJ Hurley with a copy, I will need to burn separate CD5 of the
unclassified labeled discovery. I wanted to make sure that the Government did not have any
issues with me doing so. If you do, please let me know what the issues are so that we can
resolve them together or with COL Lind. 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) 539-4515

Fax: (sea) 689-9282


armycourtmartialdefense . corn

Notice: This transmission, including attachments, may contain confidential

attorney?client information and is intended for the person(s) or company named. If you are
1

Defense_Unc|ass_Email_1815



02832775

31581

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|_1815

02956273
31582

From: Fein, Ashden MAJ USA SJA
Sent: Monday, May 14, 2012 11:30 AM
To: David Coombs; Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY

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

Cc: Parra. Jairo A. CW2 USA SJA: Santiago. Melissa CW2 USARMY
Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Protective Orders
David,

we will start working on it immediately.

v/r?
Ashden

Defense_Unc|ass_EmaiI_1816

02832772

we would like to start the process today of making copies of the unclassified labeled
discovery. Does the Government have any issue with this being done?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1?80e-588-4156

Local: (508) 689-4616

Fax: (508) 539-9232



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_Emai|_1817

3683

From: David Coombs

Sent: Monday, May 14, 2012 11:44 AM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW Hurley, Thomas MAJ USARMY
'Tooman. Joshua CPT USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA

Cc: Parra. Jairo A. CW2 USA ?Santiago, Melissa CW2 USARMY
Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Protective Orders

MAJ Fein,

02956266

31584
From: Fein. Ashden MAJ USA SJA

Sent: Monday, May 14, 2012 11:49 AM

To: David Coombs; Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY

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

Cc: Pana. Jairo A. CW2 USA SJA: ?Santiago. Melissa CW2 USARMY
Ford, Anhur D. CW2 USA SJA
Subject: RE: Protective Orders
David,

we have no issue with this being done, so long as it does not violate the protective orders.
I assume the defense has reviewed the protective orders and determined it does not violate
them. we need time to review them for ourselves to confirm that interpretation.

v/r
Ashden

Defense_Unc|ass_Emai|_1818

02832768

31585
From: David Coombs

sent: Monday. May 14, 2012 11:53 AM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW Hurley, Thomas MAJ USARMY

'Tooman, Joshua CPT USARMY Morrow JoDean, CPT USA
SJA: Overgaard, Angel M. CPT USA SJA

cc: Parra. Jairo A. CW2 USA JFHQ-NCRIMDW ?Santiago, Melissa 8 CW2 USARMY
Ford. Arthur D. CW2 USA SJA
subject: RE: Protective Orders
MAJ Fein,

I have reviewed the protective order, and don?t see any issue with making the copies for
Defense purposes. However, I wanted to make sure that the Government concurs before doing
so. In the end, if you don't concur, we can simply go to COL Lind to amend the protective
order. Let me know. Thanks.

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: (508) 689-4616

Fax: (598) 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|_1819

02956261
31586

From: Fein, Ashden MAJ USA SJA
Sent: Monday. May 14.201212:21 PM
To: David Coombs; Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY

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

Cc: Parra. Jairo A. CW2 USA JFHQ-NCRIMDW SJA: ?Santiago. Melissa CW2 USARMY
Ford, Anhur D. CW2 USA JFHQ-NCRIMDW SJA
Subject: RE: Protective Orders
David,

we will try to get you an answer by later this afternoon. Currently, all of us are engaged
in other matters, but we should have time to review all the protective orders to give you an
answer today.

v/r
Ashden

Defense_Unc|ass_Emai|_1820

ig2832758

31587

From:

Sent: Monday. May 14, 2012 12:37 PM

To: Fein, Ashden MAJ USA SJA
Subject: Re: Protective Orders

Thank you.

Sent from my Verizon wireless B1ackBer*r-y

Defense_Unc|ass_Emai|_1821

02956148

31588

From:
To: I

Cc:

Subject:
Attachments:

David,

I apologize For not getting back to you by C03 yesterday.

Fein, Ashden MAJ USA SJA

Tuesday, May 15.2012 9:15 AM

?David Coombs'; Huney, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY


?Santiago, Melissa CW2 USARMY Morrow Ill, JoDean. CPT USA
SJA: Overgaard. Angel M. CPT USA Whyte, Jeffrey H. CPT USA
VonEIten. Alexander S. 1LT USA Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Protective Orders

11SW89.pdf; 11SW94.pdf; 100728-GCMCA Protective Order.pdf;
Protective Order for Classified lnformation.pdf; Protective Order for LES
Information.pdf; Protective Order for SecArmy 15-6.pdf; 120316-Order
(Protective Order Classi?ed Information).pdf; Acknowledgment of Protective Order -
SecArmy 15-6.pdf; Acknowledgment of Protective Order - Sensitive Info.pdf;
Acknowiedgment of Protective Order - Classified |nformation.pdf; 10-330-M-01-
Order to SeaI.pdf; 10GJ3793.pdf;
10-M- 1108-Search warrant NY.pdf;
10SW396.pdf; 10SW464.pdf; 1OSW576.pdf; 1OSW652.pdf; 11EC55.pdf; 11EC56.pdf;
Schmiedl Emai|.pdf; 11MAG841 (Katz).pdf; 11SW47.pdf

we have gone through the

protective orders and agree that there is no prohibition for making copies (hard copy or
digital) o-F UNCLASSIFIED documents and providing them to Hurley, so long as he signs all
the acknowledgments from the military and federal orders prior to receiving the information
and sends us copies of the acknowledgments.

Attached are the protective orders and their acknowledgments.

v/r
Ashden

Defense_Unclass__EmaiI_1822

02832762

3689
From: David Coombs

Sent: Tuesday, May 15. 2012 9:32 AM

To: Fein, Ashden MAJ USA Hurley, Thomas MAJ USARMY

ooman, Joshua CPT USARMY
cc: ?Santiago, Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW

SJA: Overgaand, Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA
JFHQ-NCRIMDW VonE!ten. Alexander S. 1LT USA Ford.
Arthur D. CW2 USA SJA

Subject: RE: Protective Orders
Attachments: MAJ Hurley MOU.pdf
MAJ Fein,

Thank you for getting back with me on this issue. MAJ Hurley has reviewed the Court Order
and signed the MOU. I have attached his MOU for your records. He will review and sign the
other protective orders and provide them to you. Aside from these protective orders, is
there anything else that the Government needs from MAJ Hurley prior to permitting him to have
access to classified/unclassified information?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02986

Toll Free: 1-868-588-4156

Local: (568) 689-4616

Fax: (588) 689-9282



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

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

Defense_Unclass_EmaiI_1823



02956142

31590
From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Tuesday. May 15, 2012 9:40 AM

To: David Coombs; Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY


Cc: ?Santiago, Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA JFHQ-NCRIMDW

SJA: Overgaard. Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA
VonEtten. Alexander S. 1LT USA Ford.
Arthur D. CW2 USA SJA

Subject: RE: Protective Orders

David,

we verified his clearance, therefore he is good to go to access the classified information;
however he needs to check with his security manager to ensure his TS clearance does not
expire because his periodic investigation is due this year. Once we receive the
acknowledgments for the unclassified information, then he will be good to go, without any
further requirements.

v/r
Ashden

Defense__Unc|ass_Emai|_1824

02964963
31591

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Tuesday, May 15, 2012 11:42 AM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY ?Santiago.

Meiissa CW2 USARMY Morrow JoDean, CPT USA SJA:
Ovengaard, Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H. CPT USA
NCRIMDW vonEIlen, Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

Subject: Discovery

David,

Last night we unclassified material to your office (tracking: 798395424715). we
have classified material and will FEDEX it to the NHC on Monday, once Corrie returns. we
intend to deliver a copy of the unclassified and classified material to Fort Myer this
afternoon.

The information includes various unclassified attestation documents, CID MFRs, and damage

assessments (BATES: 00447092-06447392); classified FBI documents (BATES: 60445504-06447691);
and various classified damage assessments (BATES: 06447393-00447439).

V/r
Ashden

Defense_U nclass_Emai|_1825



02833090

3692
From: David Coombs

Sent: Tuesday, May 15. 2012 1:40 PM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.

Melissa 8 CW2 USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW SJA:
Overgaand, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-
NCRIMDW VonEIten, Alexander S. 1LT USA Ford. Arthur D.
CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Discovery

MAJ Fein,

I received the unclassified CD, and was able to review all of the documentation. with
regards to the unclassified damage assessment emails, bates 08447381 90447392, what are the
dates for these emails?

Once Ms. Robillard notifies me that she has received the classified CD, I will go to the NNC
and review that information. I will let you know if I have any issues with the CD.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 82966

Toll Free: 1 -886-588-4156

Local: (568) 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_Emai|_1826

02833085




Previously in Encl 1

From:
Sent:
To:

Cc:

Subject:

MAJ Fein,

David Coombs

Tuesday, May 15, 2012 3:09 PM

Fein. Ashden MAJ USA JFHQ-NCRIMDW Overgaard. Angel M. CPT USA JFHQ-
NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW Whyie, Jeffrey H.
CPT USA JFHQ-NCRIMDW VonEI1en, Alexander S. 1LT USA SJA
'Tooman. Joshua CPT USARMY Hurley, Thomas MAJ USARMY Santiago,
Melissa CW2 USARMY (US)

RE: Discovery

Do you have any update on the Dos Touhy request?

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: (593) 689-4616
Fax: (593) 689-9282

com
armycourtmartialdefense. com

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

person(s) or company named.

and delete all copies.

If you are not the intended recipient, please notify the sender
Unauthorized disclosure, copying or use of this information may be

unlawful and is

Defense_Unc|ass_Email_1827

02964955

Previously in Encl 1



From: Fein, Ashden MAJ USA SJA
sent: Tuesday, May 15, 2012 3:14 PM
To: David Coombs; Overgaard. Angel M. CPT USA Morrow Ill. JoDean,

CPT USA JFHQ-NCRIMDW SJA: Whyie, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA:
VonEIten, Alexander S. 1LT USA SJA

Cc: 'Tooman. Joshua CPT USARMY Hurley, Thomas MAJ USARMY Santiago,
Melissa CW2 USARMY (US)

Subject: RE: Discovery

David,

we asked this morning and they should be getting back to us in the next day or two with an
update.

v/r?

Ashden

Defense_Unc|ass_Email_1828

02964946

Previously in Encl 1



From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, May 15, 2012 3:20 PM

To: David Coombs

Cc: Hur1ey, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.

Melissa CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Why1e, Jeffrey H. CPT USA JFHQ-
NCRIMDW VonElten, Alexander S. 1LT USA Ford. Arthur D.
CW2 USA JFHQ-NCRIMDW SJA

subject: RE: Discovery

David,

we received all the damage assessment emails over the past few weeks and if we are producing
them in this batch, then we received approval to turn them over in the period between our
last production and yesterday. As we continue to receive assessments and their approvals, we

will continue to produce them as soon as practicable, until all them have been produced.

V/r
Ashden

Defense_Unclass_Emai|_1829

02833082

3696
From: David Coombs
Sent: Tuesday, May 15, 2012 3:25 PM
To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.

Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-
VonEIten. Alexander S. 1LT USA Ford. Arthur D.
CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Discovery

MAJ Fein,

Could you unredact all the dates associated with these emails? Bates
96447381 indicates that it was sent on 27 February 2312. I would like dates for all of the
other emails. Thank you.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62906

Toll Free: 1-806-588-4156

Local: (568) 689-4616

Fax: (568) 689-9282


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 prohibited.*?

Defense_Unclass_Emai|_1830

02964942

31597

From:
Sent:
To:
Cc:

Subject:

David,

Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA

Tuesday, May 15. 2012 3:35 PM

David Coombs

Hur1ey. Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.
Melissa CW2 USARMY Morrow JoDean. CPT USA SJA:
Overgaard. Angel M. CPT USA JFHQ-NCRIMDW Whyie. Jeffrey H. CPT USA JFHQ-
VonElten. Alexander S. 1LT USA Ford. Arthur D.
CW2 USA SJA

RE: Discovery

we will review the instructions we received from the organizations and assess whether we can

add the dates back in.

If it's not an issue (which I don't think it will be), then we will

reproduce the documents.

v/r
Ashden

Defense_Unc|ass_Emai|_1831

02822156

3698
j. A
From: Parra. Jairo A. CW2 USA JFHQ-NCRIMDW SJA
Sent: Wednesday, May 16, 2012 8:25 AM
To: Tooman. Joshua CPT USARMY (US)
Cc: David Coombs; Hurley, Thomas MAJ USARMY Santiago, Melissa 8 CW2 USARMY
Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-
IQCFUNKMAISJA
Subject: RE: Billing for Computer Forensic experts (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,

The invoice is in the correct format required by the contract. However, as
previously stated in my e-mail and to avoid any discrepancies, please send a
memorandum/e-mail that states that Trial Defense Services has verified, and
accounted for, all the hours claimed/worked and that the invoice is
accurate. As stated in the contract, it is the sole responsibility of a
government TDS representative to provide direct supervision and management
of the experts. Having a TDS government representative accept
responsibility/liability will avoid future issues and any discrepancies
going forward. If you have any question please let me know. Thank you for
your understanding!

V/r:

JP

Jairo A. Parra

CH2, JA

Legal Administrator
JFHQ-NCR, MDN




- rect
- Blackberry
- Cell

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

Defense_Unclass_EmaiI__1832

02833181

3699

From: David Coombs

sent: Wednesday, May 16, 2012 8:35 AM

To: Parra, Jairo A. CW2 USA 'Tooman, Joshua CPT USARMY

Cc: Hurley, Thomas MAJ USARMY ?Santiago, Melissa CW2 USARMY Fein,
Ashden MAJ USA Overgaard, Angel M. CPT USA
SJA

Subject: RE: Billing for Computer Forensic experts (UNCLASSIFIED)

Chief,

Is the Government's requirement that Trial Defense Services submit a memorandum along with
any invoice a requirement in all cases or just in this case? If it is just in this case,
please explain the basis for this requirement.

why do you believe that the memorandum should require a TDS counsel to "accept
responsibility/liability" for invoices? I understand having a requirement that a defense
counsel directs and manages our experts in the work that they need to perform, but that is
something separate from accepting liability for any accounting issues. Can you elaborate on
what you mean by "responsibility/liabilityP" Is this requirement something that has been
staffed through TDS or blessed off by OTJAG Criminal Law?

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-806-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282




Defense_UncIass_EmaiI_1833

02833181



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

Defense_Unc|ass_Emai|_1B33

02833185
31601

From: Tooman. Joshua CPT USARMY

Sent: Thursday, May 17. 2012 9:09 AM

To: Parra. Jairo A. CW2 USA SJA

Cc: David Coombs; Huney, Thomas MAJ USARMY (US): Santiago. Melissa CW2 USARMY
Fein, Ashden MAJ USA Overgaard. Angel M. CPT USA JFHQ-
SJA

Subject: RE: Biliing for Computer Forensic experts (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Chief Parra

TDS has verified the hours invoiced. when do you expect that it will be
processed?

Have you had a chance to look into David's questions from yesterday?
Thanks For your help!

v/r?
CPT

Defense_U 834

02822153

amoz
I
From: Parra. Jairo A. CW2 USA SJA
Sent: Thursday, May 17. 2012 9:19 AM
To: Tooman. Joshua CPT USARMY (US)
Cc: David Coombs; Hurley, Thomas MAJ USARMY Santiago. Melissa CW2 USARMY
Fein, Ashden MAJ USA Overgaand. Angel M. CPT USA JFHQ-

Subject: RE: Billing for Computer Forensic experts (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

Sir,
I did and will reply to him shortly. Thank you!
v/r,

JP

Jairo A. Parra

CH2, JA

Legal Administrator
JFHQ-NCR, 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

Defense_UncIass_EmaiI_1835

02964929

M603
From: Fein, Ashden MAJ USA SJA

Sent: Friday. May 18, 2012 7:11 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,

Melissa CW2 USARMY Morrow Ill, JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW SJA: Why1e, Jeffrey H. CPT USA JFHQ-
VonEIten, Alexander S. 1LT USA Ford. Arthur D.
CW2 USA JFHQ-NCRIMDW SJA

Subject: Discovery

David,

we sent a FEDEX tonight (tracking: 7935 8498 7499) with unclassified damage assessment emails
with the un?redacted dates, as per your request. we also sent discoverable grand jury
testimony.

On Monday, once we confirm Corrie is available to receive classified mail at the NHC, we will
send the remaining portions of the FBI file and other classified material to you, including
copies of the material we delivered to CH2 Santiago on Tuesday (FBI documents and various
classified damage assessments).

Finally, as per today's filing, please let us know when members of the defense team would
like to inspect the State Department draft damage assessment, and we will coordinate the
inspection. Please ensure you have your security experts present and courier bags for any
notes.

Have a good weekend.

v/r
Ashden

Defense_Unc|ass_Emai|_1836



02832757
3mo4
I
From: Hurley, Thomas MAJ USARMY (us?
Sent: Monday, May 21, 2012 9:39 AM
To: Fein, Ashden MAJ USA SJA
Subject: Protective Orders (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

MAJ Fein

Are there any other protective orders or anything like that that I need to sign in order to
become fully mission capable on US v. Manning?

I've signed the First Judicial Circuit's MOU.
Thanks.
Tom Hurley

Classification: UNCLASSIFIED
Caveats: NONE

Defense_Unc|ass_EmaiI__1837

029561 22

31605

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Monday, May 21, 2012 9:54 AM

To: Huriey, Thomas MAJ USARMY (US)
Subject: RE: Protective Orders (UNCLASSIFIED)

MAJ Hurley,

I just responded by separate email. Please confirm receipt.
Thank you.

v/r
MAJ Fein

Defense_Unclass_Emai|_1838



02956276

31606

From:
Sent:
To:
Cc:

Subject:
Attachments:

MAJ Hurley,

Thanks For the email this morning.

orders.
acknowledgments.

Thank you!

v/r
MAJ Fein

Defense_Unc|ass_Emai|_1839

Fein, Ashden MAJ USA SJA

Monday. May 21, 2012 9:53 AM

Hurley, Thomas MAJ USARMY (US)

Morrow Ill, JoDean, CPT USA Overgaard, Angel M. CPT USA
JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW VonEIten.
Alexander S. 1LT USA Ford. Arthur D. CW2 USA
SJA

FW: Protective Orders

11SW89.pdf; 11SW94.pdf; 100728-GCMCA Protective Order.pdf;
Protective Order for Classi?ed lnfom1ation.pdf; Protective Order for LES
|nforrnation.pdf; Protective Order for SecAnny 15-6.pdf; 120316-Order
(Protective Order Classi?ed Acknowledgment of Protective Order -
SecArrny 15-6.pdf: Acknowledgment of Protective Order - Sensitive lnfo.pdf;
Acknowledgment of Protective Order - Classi?ed Information.pdf; 10-330-M-01-
Orderto SeaI.pdf; 10GJ3793.pdf;
10-M- 1108-Search warrant NY.pdf;
10SW396.pdf; 10SW464.pdf; 10SW5T6.pdf; 10SW652.pdf; 11EC55.pdf; 11EC56.pdf;
Schmiedl Emai|.pdf; 11MAG841 (Katz).pdf; 11Sw47.pdf

Please review all of these protective and disclosure

The federal orders require your initials on the documents and the others have

02832755
31607

From: Huriey. Thomas MAJ USARMY
Sent: Monday, May 21, 2012 11:28 AM

To: Fein, Ashden MAJ USA SJA

subject: RE: Protective Onders (UNCLASSIFIED)

Classification: UNCLASSIFIED
Caveats: NONE

MAJ Fein
I got them. Thanks.

MAJ Hurley

Defense_UncIass_EmaiI_1840

02832903

I

Previously Sgb?gigted in Encl 1

From: David Coombs
Sent: Monday, May 21, 2012 6:08 PM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow Ill, JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: Grand Jury Discovery
Ashden,

I received two discs from the Government today. One of the discs had Grand Jury testimony.
As I looked through the documents, I noticed that it only dealt with three witnesses and was
heavily redacted (about what was the standard used for determining the redactions?

was the information provided intended to be Brady? Can you tell me if the Government intends
to produce any additional Grand Jury testimony? If so, when?

Finally, you indicated in your 18 May memorandum that the Government would be delivering to
the Defense forensic results and investigative files from the FBI and CIA today. Have you
done 50?

Best,

David

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

Toll Free: 1-3ee~533-4155
Local: (593) 689-4616

Fax: (568) 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

1

Defense_Unclass_EmaiI_1841



02962688

Previously Sgbgaigted in Encl 1

From: Fein, Ashden MAJ USA SJA

sent: Monday, May 21, 2012 7:06 PM i
To: David Coombs

Cc: Huriey. Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard,

Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: von Elten. Alexander S. CPT USA
Ford. Arthur D. CW2 USA JFHQ-NCRIMDW ?Santiago. Melissa
CW2 USARMY

Subject: RE: Grand Jury Discovery

David,
Good afternoon.

1. Grand Jury testimony. what you have received is all the testimony that is Favorable to
the accused and material to either guilt or punishment.

2. Delivery of Documents. Ms. Robillard was not in the office until today and will accept
delivery tomorrow (details below). This morning, we attempted to deliver the material to CH2
Santiago, but she is out until Thursday.

3. we sent the below discovery through FEDEX (Tracking: 7984 1755 7784) to the NNC.

Disk 1: BATES 00445504 - 00447091: FBI files; BATES: 00447393 - 00447439: Various damage
assessments

Disk 2: BATES 00447446 - 00447666: FBI Files

Disk 3: BATES 00447818 - 00447848: Classified damage assessments from various agencies and
other documents pursuant to the government's filing on Friday

Disk 4: BATES 00447407 - 00447439: Reproduction of two classified damage assessments with
changed redactions, as per your request

In abundance of caution, the prosecution directs your attention to BATES 447623?447624 based
on its apparent exculpatory nature; thus, we highlight this information as potential Brady
material under RCM 701(a)(6).

The 4 classified disks listed above and the unclassified discovery that we had delivered to
your office today are ready to be delivered to Ft Myer. Once CH2 Santiago returns, we will
deliver the information.

Please confirm receipt of this email.

Thank you.

v/r
Ashden

Defense_Unc|ass_Emai|_1842

02832900
Previously in Encl 1

From: David Coombs

Sent: Monday, May 21, 2012 7:13 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard.

Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Whyie. Jeffrey H. CPT USA von Elten, Alexander S. CPT USA
Ford, Arthur D. CW2 USA JFHQ-NCRIMDW ?Santiago. Melissa
CW2 USARMY

subject: RE: Grand Jury Discovery

Ashden,
Thank you. A couple points of clarification:

1) It appears that you are saying that the Government will not be producing any additional
Grand Jury testimony. Is this correct?

2) Have you identified a replacement for CH2 Santiago? If so, when will this person be
provided to the defense?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 82906

Toll Free: 1-8ae?S88-4156

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_Emai|_1 843

02962683

Previously S?xp?qiited in Encl 1

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Sent: Monday, May 21, 2012 9:31 PM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard.

Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Whyte. Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: von Elten, Alexander S. CPT USA
Ford. Arthur D. CW2 USA JFHQ-NCRIMDW ?Santiago. Melissa
CW2 USARMY

Subject: RE: Grand Jury Discovery

David,

1. You are correct. The three transcripts are the only transcripts that we Found material
that are Favorable to the accused and material to either guilt or punishment, thus we are not
producing any additional transcripts.

2. CH2 Santiago's replacement. I know that was being worked by TDS, but I will try to get
an update tomorrow.

Have a good night.

v/r
Ashden

Defense_U nc1ass_Emai l_1 844



02832982
Previously Sglp?qgted in Encl 1

From: David Coombs
Sent: Tuesday, May 22, 2012 10:39 AM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow JoDean, CPT USA Whyte, Jeffrey H.

CPT USA von Elten, Alexander S. CPT USA SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: DOS Damage Assessment
Ashden,

In your notice memorandum you state that ?the prosecution requests the defense provide four
duty days notice before each time they would like to inspect the document, so that the proper
facility and government security expert may be made available.? The Defense intends to
object to four duty days as being reasonable notice. However, since we will not be able to
address this issue before the next motions hearing, the Defense requests access to the DOS
document at @939 on 5 June 2612.

Under MRE 5e5(g)(1), the Government must request the military judge to set the conditions of
the protective order. MRE states that a protective order can ?require controlled
access to the material during normal business hours and at other times upon reasonable
notice.? In other words, the Defense should be able to gain access to the DOS document
anytime during normal business hours and during non-business hours upon reasonable notice.
Four days advanced notice is unreasonable. Presumably, you have a copy of the document at
your office. If this is the case, why would it be problematic to have access in one of the
Government?s offices?

Finally, can you elaborate on the ?government security expert? requirement that you propose?
why do you feel that this is necessary? what do you believe this person will do? wouldn?t
it be easier to just give the document to the Court Security Officer and allow the Defense to
coordinate with him whenever we want to have access? Mr. Prather could then ?watch? us so
that the Government has no concerns. How does this sound to you?

Best,

David

David E. Coombs, Esq.

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

Toll Free: 1-868-588-4156

Local: (563) 689-4616

Defense_Unc|ass_Email_1845



02832982

Previously Sylagqgted in Encl 1

Fax: (568) 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

845



02964376
Previously in Encl 1

From: Fein, Ashden MAJ USA SJA

Sent: Tuesday, May 22. 2012 6:55 PM

To: David Coombs

Cc: Hu?ey, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Overgaard.

Angel M. CPT USA Morrow JoDean, CPT USA JFHQ-NCRIMDW
SJA: Whyte, Jeffrey H. CPT USA SJA: von Elten, Alexander S. CPT USA
Ford. Arthur D. CW2 USA Santiago, Melissa
CW2 USARMY (US)

Subject: RE: DOS Damage Assessment

David,
1. we will have the document ready at 9939 on 5 Jun 12, with a location TBD.

2. we need enough notice (4 days) so that we can schedule our government security expert to
come to our office, sign for the copy of the document, and deliver the document to your
security expert at the government facility which will be determined and reserved. The intent
is for our security expert to escort the document to your team meeting, sign the document
over to your experts, and then wait at the location until the defense counsel are finished
reviewing the document, for however long the review takes. The government security expert
will NOT be part of the defense counsel's session to ensure privacy and confidentiality.

Once the review is complete, then your security expert will sign it back over to the
government security expert, and the government security expert will return the document to
the prosecution. Each security expert is responsible for maintaining 106% eyes-on positive
control of the document and any notes produced from the document. we will endeavor to
execute as soon as possible when counsel notifies us; however, we believe four days is
reasonable to ensure the proper government facility, our security expert, and defense?s
security expert are all available. This should be a very simple process; we just need notice
of when to make it happen. Additionally, we recognize that the various defense counsel will
likely want to view the document on more than one occasion. we can accommodate any
reasonable request. There is no need to have the Court security officer involved.

All defense counsel- please let us know when you want to view the document and include
confirmation that at least one defense security expert will be present, and we will plan
accordingly and have the document and location ready. Pursuant to the protective order, the
location can be a TDS office, so long as its approved to have "secret" information within it,
and there are no other personnel present other than the defense counsel and defense security
expert(s).

Thank you.

v/r
Ashden

Defense_Unc|ass_Email_1846



02832979

Previously in Encl 1

From: David Coombs
Sent: Tuesday, May 22. 2012 7:10 PM
To: Fein, Ashden MAJ USA JFHQ-NCRIMDW Overgaard, Angel M. CPT USA JFHQ-

NCRIMDW Morrow Ill, JoDean. CPT USA JFHQ-NCRIMDW Whyie, Jeffrey H.
CPT USA JFHQ-NCRIMDW von Ellen, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY
Subject: RE: DOS Damage Assessment
Ashden,

I do not believe the process that you recommend should be required. The defense will raise
this as an issue in our upcoming motion concerning the substitutions for the other damage
assessments.

Given the fact that we will all be at Fort Meade on the 5th, why don't we just allow Mr.
Prather to give us access to the Court's copy? I have no objection to Mr. Prather sitting in
on our review of the document. This would eliminate the need for both the Defense and
Government security experts to be involved and present.

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: (598) 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_Emai|_1847



02964393

Previously Sgb?qgted in Encl 1

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Wednesday, May 23, 2012 6:51 AM
To: David Coombs; Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Whyie, Jeffrey H. CPT USA JFHQ-NCRIMDW von
Elten, Alexander S. CPT USA SJA

Cc: Huney, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY
Subject: RE: DOS Damage Assessment
David,

The Department of State set the condition of requiring at least one defense security expert
to be present when the document is made available for inspection by defense counsel. Please
review the Court's order, dated 22 March 2612, for the duties of the court security officer
and detailed security experts.

Please notify us when any defense counsel would like to inspect the document, and we will
have it ready. The document has been available for inspection since Monday, 21 May 2012 and
will continue to be available throughout the court-martial.

Thank you.

v/r
Ashden

Defense__Unc|ass_Emai|_1848

02832974
Previously in Encl 1

From: David Coombs
Sent: Wednesday, May 23, 2012 8:10 AM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

NCRIMDW Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA SJA

Cc: Hurley. Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY
Subject: RE: DOS Damage Assessment
Ashden,

The DOS does not set conditions for access. The military judge does once you request for
certain conditions under M.R.E. 565(g)(1). Again, we will raise this issue as part of the
substitutions motion that we file after you provide the required non-ex parte filing.

The Defense would like to have access at Fort Meade on 5 April. I am currently coordinating
with our experts to ensure that one can be present.

If that is not possible, then we would request access after our Article

39(a) session ends on 6 April. Please arrange to have a copy of the DOS damage assessment at
the Court.

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_Unc|ass_EmaiI_1849

02964387

31618

From:
Sent:
To:

Cc:

Subject:

David,

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Wednesday, May 23, 2012 8:12 AM

David Coombs; Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean,
CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW von
Elten, Alexander S. CPT USA SJA

Hudey. Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY

RE: DOS Damage Assessment

we will have a copy ready to go at 0930 on 5 June 2812. If any defense counsel would like to
inspect the document before then, please notify us. Thank you.

v/r-
Ashden

Defense__Unc|ass_EmaiI_1850

02832968

31am
I
From: David Coombs

Sent: Wednesday. May 23. 2012 8:30 AM

To: Fain, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

NCRIMDW Morrow Jooean. CPT USA JFHQ-NCRIMDW SJA: Whyte. Jeffrey H.
CPT USA von Ellen, Alexander S. CPT USA SJA

Cc: Hune . Thomas MAJ USARMY ?Tooman. Joshua CPT USARMY

?Ganiel. Charies CIV Smith. Lillian cuv (us)
Subject: amage ssessment
Ashden,

Thank you. we will meet you at the Fort Meade courtroom at 0930 on 5 June to view the 005
damage assessment. The Defense's security experts will be present For the meeting.

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 ?or the

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

Defense_Unclass_EmaiI_1 851

31620



From: Fain, Ashden MAJ USA JFHQ-NCRIMDW SJA
sent: Wednesday. May 23, 2012 8:37 AM
To: David Coombs; Overgaard, Angel M. CPT USA Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW SJA: Whyie. Jeffrey H. CPT USA von
Elten, Alexander S. CPT USA SJA

Cc: Hurley. Thomas MAJ USARMY Tooman. Joshua CPT USARMY

'GanieI. Charles CIV Smith. Lillian CIV (US)
Subject: RE: DOS Damage Assessment
David,

Because the courtroom is used by multiple contractors, security, and others before the
session and is not swept to authorize the use of classified information or discussion, we can
have our security expert meet the defense counsel and your security experts at the TDS office
or in the defense trailer, which were previously approved for classified information. our
expert will be ready that morning to meet you at either location.

v/
Ashden

Defense_UncIass_EmaiI_1852

02833160
31621
From: Robillard, Socorro A., cuv, NAVWARCOL Nwc:?
Sent: Wednesday, May 23, 2012 9:35 AM
To: David Coombs
Cc: Fein, Ashden MAJ USA Waybright, Daniel SGT MIL USA MDW
Subject: CD's for issue
Dave,

I'm back, and I have 4 CD's for you that arrived yesterday. They are controlled and ready for
issue.

V/r Corrie

Ms. Socorro Robillard
(Information Security Specialist)
Classified Material Control Officer

NATO Sub-registry Control Officer

SIPR add"eSS=

Naval war College

DSN:

Comm:



E?mail:

HUMAN THREAT TO NATIONAL SECURITY:

Did Not Know the Rules - Did Not Understand the Rules - Did Not Follow the Rules"

FOR OFFICIAL USE ONLY - PRIVACY SENSITIVE This electronic transmission

>may contain confidential information intended only for the person(s)

>named above. Any misuse or unauthorized disclosure may result in both

>civil and criminal penalties. If you receive this transmission in

>error, please notify the sender at the telephone number or e-mail address above.

1

Defense_Unc|ass_Email_1853

02967244
31622

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Wednesday, May 23, 2012 1:29 PM

To: David Coombs

Subject: RE: Defense Response to Gov Proposed LlOs
David,

Did you intend to include "John L. Ford" on this email?

v/r?
Ashden

Defense_Unc|ass_Emai|_1854

02833120



From: David Coombs
Sent: Wednesday, May 23, 2012 1:35 PM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Subject: RE: Defense Response to Gov Proposed Llos

Ashden,

No. I meant to include CH2 Ford. My apologies. I will contact him and
request that he delete the email chain.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

Toll Free: 1-808-588-4156

Local: (508) 689-4616

Fax: (588) 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__Emai|__1855



02967242

31624

From:
Sent:
To:
Subject:

Thank you!

Defense_UncIass_EmaiI__1856

Fein, Ashden MAJ USA SJA
Wednesday, May 23. 2012 1:35 PM

David Coombs

RE: Defense Response to Gov Proposed LIOs

02821067

31625

From:
Sent
To:
Cc:

Subject:

unponance:

Parra, Jairo A. CW2 USA SJA

Thursday, May 24, 2012 5:10 PM

Tooman, Joshua CPT USARMY David Coombs

Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-
Ford, Arthur D. CW2 USA Autry, Carolyn Ms CIV
SJA: I: Santiago.
Melissa 8 CW2 USARMY Hurley, Thomas MAJ USARMY Ford, Arthur D. CW2
USA SJA

FW: Contract No. (UNCLASSIFIED)

f?gh

Classification: UNCLASSIFIED

Caveats: NONE

CPT Tooman,

The answers to the defense questions, provided by contracting command,
regarding the Cyber Agents, Inc.'s contract are in the

e?mail below.

Based on the multiple previous submissions, from this point forward, the
below process will ensure prompt payment and proper accountability of
government funds IAN contracting guidance and WANF procedures.

1. Cyber Agents submits a printed/scanned invoiced by the contractors with
an invoice number, date of the invoice, a detailed breakdown of the hours
worked (billable hours by date), and a signature from the contractor
certifying their work and invoice.

2. TDS (as the government officials) submits a signed memorandum or e-mail
from a member of TDS validating and certifying the invoice and the serviced

rendered.

This will be used by the wAwF paying agent for government record

keeping and approval process.

4. Cyber Agents submits a request for payment that matches the invoice

(item 1) into NAWF.

The submission of the invoice, as per the contract and

explained in the e-mail below, must match the entry into NAWF and be
quantified in the unit of hours at the contract rate.

5. Once the above four steps are completed, the WANF paying agent will
issue a payment order to DFAS and payment will occur.

If you have any further question or concerns please feel free to contact me
at your earliest convenience.



JP

Jairo A. Parra
CW2, JA

Legal Administrator

Defense_U ncIass_EmaiI_1 857

02821067

31626

JFHQ-NCR, MON




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_U nc|ass_EmaiI_1857

02833132

31627

From:
Sent:
To:
Cc:

subject:

Tooman, Joshua CPT USARMY (US)

Thursday, May 24. 2012 5:15 PM
Parra. Jairo A. CW2 USA David Coombs
Fein. Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Fond, Arthur D. CW2 USA Aut . Carolyn Ms CIV
Melissa CW2 USAR ey. omas ord. Arthur D. CW2
USA SJA

RE: Contract No. W91QF7-12-P-0031 (UNCLASSIFIED)

Classification: UNCLASSIFIED

Caveats: NONE

Thanks, Chief.

Defense_UncIass_Email_1858

Enjoy the Holiday.

02964965
31628

From: Fein, Ashden MAJ USA SJA

Sent: Thursday, May 24, 2012 5:43 PM

To: David Coombs

cc: Hurley, Thomas MAJ USARMY Tooman, Joshua CPT USARMY Santiago.

Melissa CW2 USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW von Elten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: Discovery

David,

Today we sent through FEDEX (Tracking: 7936 9529 3649) the following discovery (BATES
96447849-90447944): confinement recordings, pictures we received from Quantico Brig, various
CID documents, and various other documents that we have previously produced, but now are

producing versions for authentication purposes.

we will deliver these documents on Tuesday to Fort Myer, since this weekend is a 4 day and
the TDS office is closed.

v/r
Ashden

Defense_Unc|ass_Emai|_1859



02968155
smza

From: Fein. Ashden MAJ USA SJA

Sent: Thursday, May 24, 2012 6:31 PM

To: David Coombs

cc: Hurley. Thomas MAJ USARMY Tooman, Joshua CPT USARMY Santiago,
Melissa CW2 USARMY Morrow JoDean. CPT USA JFHQ-NCRIMDW
Overgaard. Angel M. CPT USA Whyte. Jeffrey H. CPT USA JFHQ-
NCRIMDW von Elten. Alexander S. CPT USA Ford. Arthur D.
CW2 USA SJA

Subject: Defense Discovery Materials

Attachments: Defense Discovery Response.pdf

David,

As you know, the filing for the government motion to compel discovery your response to the government reciprocal discovery request, you state the Following:
"All documents and tangible objects which the Defense intends to introduce as evidence in the
Defense case-in-chief at trial will be made available for inspection prior to trial at the
Fort Meade Trial Defense Services Office. The Defense will coordinate a mutually convenient
time for such inspection with the Government." The prosecution, therefore, would like to
coordinate with the defense for the review to occur during the week that we are at Fort Meade
for the motions hearing (4-8 Jun 12) or the week immediately following the motions hearing
(11-15 Jun 12). Please note that the prosecution also requested to inspect any written
material that will be presented by the defense at the presentencing proceeding.

Additionally, will there be a copier available for us to use at the TDS office or do we need
to plan on having a scanner brought with us?

Ultimately, we would like to complete our review no later than 15 Jun 12, so that we have at
least 7 calendar days to prepare a motion to compel, if required. we intend to include this
date on our proposed case calendar.

Please let us know who you would like us to coordinate with and/or what dates work for the
defense.

Thank you.

v/r
Ashden

Defense_UncIass_EmaiI_1860



I
1

02833122
Previously Sgb?gigted in Encl 1 A

From: David Coombs

Sent: Thursday, May 24, 2012 10:25 PM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago,
Melissa CW2 USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA Whyte, Jeffrey H. CPT USA JFHQ-
von Elten, Alexander S. CPT USA Ford, Arthur D.
CW2 USA SJA

Subject: RE: Defense Discovery Materials

Ashden,

The proposed timeline unfortunately will not work for the Defense. At this point, our
reciprocal discovery is largely dependent upon:

1) Timely access to the Defense requested compelled discovery;

2) Timely access to the various damage assessments;

3) Receipt of requested Brady material;

4) Access/review of the hard drives promised by the Government; and

5) Interview of Mr. Patrick Kennedy

without the above information, the Defense cannot make a final decision on what it intends to
introduce as evidence in our case in chief. See R.C.M. 701(b)(3) and Likewise,
access to the above requested information is required for the Defense to make a final
decision regarding any written material that will be presented during our presentencing
proceeding (if necessary). See R.C.M.

Although the Defense is unable to provide access to the requested information at this time,
it is committed to providing reciprocal discovery so that the Government may adequately
prepare for trial. If the Government believes that the Defense is failing in this regard,
please let me know and I will attempt to elaborate further on our efforts to go above and
beyond the requirements under the rules.

Best regards,

David

David E. Coombs, Esq.

Defense_Unclass_Emai|_1861

02833122

Previously in Encl 1

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62906

Toll Free: 1-808-588-4156

Local: (508) 689-4616

Fax: (568) 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_1861

02955929

31632

From:
Sent:
To:

Subject:

David,

we received the original message.

v/r
Ashden

Defense_Unc|ass_Emai|_1862

Fein. Ashden MAJ USA SJA
Tuesday, May 29. 2012 9:58 AM

?David Coombs'; Overgaard, Angel M. CPT USA Morrow Ill, JoDean.

CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW von
Etten, Alexander S. CPT USA Huney, Thomas MAJ USARMY
(US): 'Tooman. Joshua CPT USARMY ?Santiago, Melissa 5 CW2 USARMY
Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Reciprocal Discovery

Thank you.



02832730


From: David Coombs

Sent: Tuesday, May 29, 2012 9:55 AM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA
Huriey, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY Santiago,
Melissa CW2 USARMY Ford, Arthur D. CW2 USA SJA

Subject: Reciprocal Discovery

Ashden,

I received a strange delivery failure notice on my email to you concerning reciprocal
discovery. I hope this does not mean that we are once again having email issues. I am
resending this content of the message below. Please let me know if you received the original
message.

Previous Message

Ashden,

The proposed timeline unfortunately will not work for the Defense. At this point, our
reciprocal discovery is largely dependent upon:

1) Timely access to the Defense requested compelled discovery;

2) Timely access to the various damage assessments;

3) Receipt of requested Brady material;

4) Access/review of the hard drives promised by the Government; and

5) Interview of Mr. Patrick Kennedy

without the above information, the Defense cannot make a final decision on what it intends to
introduce as evidence in our case in chief. See R.C.M. 701(b)(3) and Likewise,
access to the above requested information is required for the Defense to make a final
decision regarding any written material that will be presented during our presentencing
proceeding (if necessary). See R.C.M.

Although the Defense is unable to provide access to the requested information at this time,
it is committed to providing reciprocal discovery so that the Government may adequately
prepare for trial. If the Government believes that the Defense is failing in this regard,

1

Defense_U nc|ass_Emai|_1863

02832730

please let me know and I will attempt to elaborate further on our efforts to go above and
beyond the requirements under the rules.

Best regards,

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: (598) 689-4616

Fax: (598) 689-9282




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

Defense_Unc|ass_Email_1863



02832727

3m35
From: David Coombs

Sent: Tuesday, May 29. 2012 9:59 AM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA SJA:
Huney, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY ?Santiago.
Melissa 8 CW2 USARMY Ford. Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Reciprocal Discovery

Ashden,

Thank you. Also, I just wanted to follow-up on the 4 computer hard drives.

In a previous email, you indicated that the Defense would likely have these by 18 May. That
was almost two weeks ago. Do you have an update on when the Defense will get access to the
hard drive?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1 -809-588-4156

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_UncIass_EmaiI_1864



02955932
31636

From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Tuesday, May 29. 2012 10:05 AM
To: David Coombs; Overgaard, Angel M. CPT USA Morrow JoDean,

CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA-JFHQ-NCRIMDW von
Elten, Alexander S. CPT USA Hurley, Thomas MAJ USARMY
'Toornan. Joshua CPT USARMY ?Santiago. Melissa CW2 USARMY
Ford, Arthur D. CW2 USA JFHQ-NCRIMDW SJA

Subject: RE: Reciprocal Discovery

David,

we expect to have approval to turn the drives over by the end of this week. we have copies
ready to deliver to Fort Myer For your experts.

v/r
Ashden

Defense_Unc|ass_Emai|_1865



i 02833206
31637

From: Tooman, Joshua CPT USARMY

Sent: Tuesday, May 29, 2012 5:45 PM

To: Fein, Ashden MAJ USA SJA

Subject: Automatic reply: Court order MRE 505(g)(2) non-ex pane filing and other administrative
issues (UNCLASSIFIED)

I will be TDY at Fort Riley, KS 28 May - 31 May. I will return to the office Friday, 1 June.
If you need immediate assistance please call Thank you.

Defense_Unclass_Emai1_1866

02954947

31638
From: Fein, Ashden MAJ USA JFHQ-NCFUMDW SJA

Sent: Wednesday. May 30. 2012 7:50 AM

To: Hurley, Thomas MAJ USARMY Williams, Patncia CIV SJA
Cc: Boston. Louis J. MAJ USA JFHQ-NCRIMDW Autry, Carolyn Ms CIV JFHQ-

Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA

Subject: SCI Prescreen Form
Attachments: SCI screening.doc
Importance: High

MAJ Hurley and Ms. Williams,

In order For you to be read-on ?or next week's motions hearing, please complete the attached
SCI pre?screening form and send back to me ASAP. Once I receive it, then I will Forward it
to HQDA S50 and you will be able to schedule your read-on. Please do not delay, based on the
Court's suspenses.

v/r
MAJ Fein

Defense_Unc|ass_EmaiI_1867

02832707
3m39

From: Huriey, Thomas MAJ USARMY (us?
Sent: Wednesday, May 30, 2012 9:43 AM

To: Fein, Ashden MAJ USA SJA

Subject: SCI Screening Form (UNCLASSIFIED)

Attachments: SCI Screening Form - US v. Manning.pdf

Classification: UNCLASSIFIED
Caveats: NONE

MAJ Fein
Attached please Find my SCI Screening form For US v. Manning.

Thomas F. Hurley
MAJ, JA

US Army Defense Counsel Assistance Program (wor~k email)

(iPhone email)



Classification: UNCLASSIFIED
Caveats: NONE

Defense_Unc|ass_EmaiI_1868

02954918

3m4o
From: Fein, Ashden MAJ USA SJA

Sent: Wednesday, May 30. 2012 9:46 AM

To: Figueroa, Hector Jr CIV (US)

Cc: Parra. Jairo A. CW2 USA JFHQ-NCRIMDW Hurley, Thomas MAJ USARMY (US)
Subject: FW: SCI Screening Form (UNCLASSIFIED)

Attachments: SCI Screening Fonn - US v. Manning.pdf

Mr. Figueroa- Good morning. Attached is MAJ Hurley's indoc paperwork.

MAJ Hur1ey- please coordinate with Mr. Figueroa (HQDA SSO, Pentagon) to get read-on before
next week's motions hearing.

Thank you both!

v/r
MAJ Fein

Defense_Unc|ass_Email_1869

02832858

31641
From: David Coombs
Sent: Wednesday, May 30, 2012 9:48 AM
To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: Motion for Protective Order on Defense Response Motion
Ashden,

The Government did not file a motion for a protective order concerning the Defense?s Response
LIO Motion by the filing date for replies as required by the Court?s order. Does this mean
that you have no objection or requested redactions?

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_UncIass_EmaiI_1870



02836532

From: Figueroa. Hector Jr cw (us)
Sent: Wednesday, May 30, 2012 9:54

To: Fain, Ashden MAJ USA SJA

Cc: Parra. Jairo A. CW2 USA SJA: Hurley, Thomas MAJ USARMY (US)
subject: RE: SCI Screening Form (UNCLASSIFIED)

MAJ Hurley,

A11 yes answers require a FULL written explanation (who/what/when/where,
Please answer these and resubmit the form to me.

Thank you.

Defense_Unc|ass_Emai|_1871





02960403
3m43
From: Fein, Ashden MAJ USA SJA
Sent: Wednesday, May 30, 2012 9:58 AM
To: David Coombs; Overgaard, Angel M. CPT USA Morrow JoDean,
CPT USA Whyte, Jeffrey H. CPT USA von
Elten. Alexander S. CPT USA SJA
Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
David,

The defense never provided us notice that it intends to publish the Defense's response to the
Government's motion for proposed LIOs.

V/r
Ashden



From: David Coombs

Sent: Wednesday, May 36, 2012 9:48 AM

To: Fein, Ashden USA Overgaard, Angel M. CPT USA
Morrow JoDean, CPT USA whyte, Jeffrey H. CPT USA von
Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY

Subject: Motion for Protective Order on Defense Response Motion

Ashden,

The Government did not file a motion for a protective order concerning the Defense?s Response
LIO Motion by the filing date for replies as required by the Court?s order. Does this mean
that you have no objection or requested redactions?

Best,

David

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

Toll Free: 1-896-588-4156
Local: (508) 589-4516

Fax: (588) 689-9282



1

Defense_Unclass_Emai|_1872

02960403



Notice: This transmission, including attachments, may contain confidential
attorney?c1ient 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

Tracking:

Defense_Unc|ass_Emai|_1872

02960403

Defense__Unclass_EmaiI_1872



Recipient
David Coombs

Overgaard Ange! M. CPT USA
JFHQ-NCRIMDW SJA

Morrow Ill, JoDean. CPT USA
SJA

Whyte. Jeffrey H. CPT USA
JFHO-NCRIMDW SJA

von Elten. Alexander S. CPT USA
SJA

Hurrey, Thomas MAJ USARMY
(US)

'Tooman. Joshua CPT USARMY


Bradley. Princeton L. SGT USA
SJA

Feito. Beatriz SGT USA JFHQ-
SJA

Ford, Arthur D. CW2 USA
SJA

Parra, Jairo A. CW2 USA
SJA

Waybright. Daniel w. ser USA
JFHQ-NCRIMDW SJA

Delivery

Delivered: 5/30/2012 9:58 AM

Delivered: 5/30/2012 9158 AM

Delivered: 5/30/2012 9:58 AM

Delivered: 5/30/2012 9:58 AM

Delivered: 5/30/2012 9:58 AM

Delivered: 5/30/2012 9:58 AM

Delivered: 5/30/2012 9:58 AM

Delivered? 5/30/2012 9:58 AM

Delivered: 5/30/2012 9:58 AM

31645

Read

Read; 5/30/2012 9:59 AM

Read. 5/30/2012 9:59 AM

Read: 5/30/2012 10201 AM

Read: 5/30/2012 10:05 AM

Read? 5/30/2012 9:58 AM

Read: 5/30/2012 9:58 AM



02832856

3m4e
From: David Coombs

sent: Wednesday, May 30. 2012 10:00 AM

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

NCRIMDW Monow JoDean, CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H.
CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY (US): 'Tooman. Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
Ashden,

Read the Court's order. That is not required. You also have a 1 June deadline for the
Defense replies.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 92966

Toll Free: 1-890-588-4156

Local: (568) 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_UncIass_Email__1873

02960399



From: Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Wednesday, May 30, 2012 10:02 AM
To: David Coombs; Overgaard, Angel M. CPT USA Morrow Ill. JoDean,

CPT USA JFHQ-NCRIMDW Whyle, Jeffrey H. CPT USA JFHQ-NCRIMDW von
Elten, Alexander S. CPT USA SJA

Cc: Hurley. Thomas MAJ USARMY (US): 'Tooman. Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
David,

Please see Appellate Exhibit LXVII, paragraph 1 under for the notice provision.

v/r
Ashden

Defense_Unc|ass_EmaiI_1874



02832853

3m48
From: David Coombs

Sent: Wednesday, May 30, 2012 10:06 AM

To: Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-

NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW SJA: Whyle, Jeffrey H.
CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA SJA

cc: Hurley. Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
Ashden,

we will publish every substantive motion that that is on the case calendar, as we have in the
past. I think it goes without saying but the Defense intends to publish its reply motions
filed yesterday.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02906

Toll Free: 1-806-588-4156

Local: (508) 689-4616

Fax: (598) 689-9282



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

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

Defense__UncIass_Email_1875

02960394



From: Fein, Ashden MAJ USA SJA
Sent: Wednesday, May 30, 2012 10:08 AM
To: David Coombs; Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Morrow JoDean.

CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA Von
Elten, Alexander S. CPT USA SJA

cc: Hur1ey, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
David,

we will start processing this request. In the past, you have provided us notice through your
email filings with the Court and we rely on those, pursuant to the Court's order to know
which filings will go. Please continue providing us the notice IAN the Court's order. what
other filings would you like us to process?

v/r
Ashden

Defense_UncIass_EmaiI_1876

02832849

smso
From: David Coombs

Sent: Wednesday, May 30, 2012 10:11 AM

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

NCRIMDW Morrow Iii. JoDean, CPT USA Whyte, Jeffrey H.
CPT USA JFHQ-NCRIMDW von Elten, Alexander S. CPT USA SJA

Cc: Hurley, Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
Ashden,

You are only behind on the Defense Response to the LIO motion. As stated, all replies will
be filed publically. Under the Court's order, you have until 1 June to file a request for a
protective order.

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02966

Toll Free: 1-890-588-4156

Local: (598) 689-4616

Fax: (598) 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



02960388

31651
From: Fein, Ashden MAJ USA SJA

sent: Wednesday, May 30, 2012 10:31 AM

To: David Coombs; Overgaard, Angel M. CPT USA Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA JFHQ-NCRIMDW SJA: von
Elten, Alexander S. CPT USA SJA

cc: Huriey, Thomas MAJ USARMY (US): 'Tooman. Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion
David,

Thank you. As stated before, we are not behind any motion reviews. The defense is required
to "notify the Government of each Defense Court filing or proposed filing intended for public
release." Please continue to provide us notice of each filing or we will not process it.
without the affirmative notification, we cannot have certainty that the defense intends to
make each one public, nor whether the defense intends to redact any motions. Please address
any concerns with the Court's order with the military judge.

we will start processing the Response to the Government's LIO Motion immediately and will get
a response with the replies which were filed yesterday.

v/r
Ashden

Defense_Unc|ass_Emai|_1878



02832844

amsz
From: David Coombs

Sent: Wednesday, May 30, 2012 10:41 AM

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

NCRIMDW Morrow JoDean, CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H.

CPT USA JFHQ-NCRIMDW SJA: von Elten, Alexander S. CPT USA SJA
Cc: Hurley, Thomas MAJ USARMY (US): 'Tooman. Joshua CPT USARMY
Subject: RE: Motion for Protective Order on Defense Response Motion

Ashden,

The Government has until 1 June to file any requested protective order on the replies. If
you need until 1 June for the Defense Response to the Government's LIO motion, that is not a
problem.

Best,
David

David E. Coombs, Esq.

Law office of David E. Coombs

11 South Angell Street, #317
Providence, RI 02936

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__UncIass_EmaiI_1879



02985688

31653

From:
Sent:
To:

Cc:
Subject:
Attachments:

Whyte, Jeffrey H. CPT USA SJA

Wednesday, May 30, 2012 10:53 AM

?David Coombs'; Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY


Fein, Ashden MAJ USA SJA

Disclosure of Damage Assessment (UNCLASSIFIED)

120530-Disclosure of Damage Assessment.pdf

Classification: UNCLASSIFIED

Caveats: NONE

Gentlemen,

Please see the attachment.

v/r
Hunter

Thank you.

Classi-Fication: UNCLASSIFIED

Caveats: NONE

Defense_U nclass_Emai|_1880

02819690
31654

From: Whyte, Jeffrey H. CPT USA SJA

Sent: Wednesday, May 30, 2012 10:53 AM

To: ?David Coombs'; Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY



Cc: Fein, Ashden MAJ USA SJA

Subject: Disclosure of Damage Assessment

Attachments: 120530-Disclosure of Damage Assessment.pdf

Classification: UNCLASSIFIED
Caveats: NONE

Gentlemen,
Please see the attachment. Thank you.

v/r
Hunter

Classification: UNCLASSIFIED
Caveats: NONE

Defense_Unclass_Email_1881

02833099
Previously Sglp?gigted in Encl 1

From: David Coombs

Sent: Wednesday, May 30. 2012 11:01 AM

To: Whyte, Jeffrey H. CPT USA Hurley, Thomas MAJ USARMY

'Tooman. Joshua CPT USARMY

Cc: Fein. Ashden MAJ USA JFHQ-NCRIMDW SJA

subject: RE: Disclosure of Damage Assessment (UNCLASSIFIED)

CPT Nhyte,

The Government must request For a protective order from the military judge under MRE
Se5(g)(1) in order to place the requested access requirement upon the damage assessment.
Please verify if the OCA is claiming a privilege or if the Government intends to seek a
protective order.

Best,
David

David E. Coombs, Esq.

Law 0FFice of David E. Coombs

11 South Angell Street, #317
Providence, RI 92906

Toll Free: 1-800-588-4156

Local: (508) 689-4616

Fax: (588) 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__Emai|_1882

02960381

31656

From:
Sent:
To:

Cc:
Subject:

David,

we will have an answer by 1 Jun.

v/r?
Ashden

Defense_Unc|ass_EmaiI_1883

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Wednesday, May 30, 2012 11:05 AM

David Coombs; Overgaard, Angel M. CPT USA Morrow Ill, JoDean,

CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA von
Elten, Alexander S. CPT USA SJA

Hurley, Thomas MAJ USARMY ?Tooman, Joshua CPT USARMY

RE: Motion for Protective Order on Defense Response Motion

Thank you.



02965099
Previously in Encl 1

From: Fein, Ashden MAJ USA SJA

Sent: Wednesday, May 30. 2012 11 :12 AM

To: David Coombs

Cc: Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY ?Santiago.

Melissa CW2 USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Ovengaard, Angel M. CPT USA JFHQ-NCRIMDW SJA: Whyie. Jeffrey H. CPT USA JFHQ-
NCRIMDW von Elten, Alexander S. CPT USA SJA

Subject: RE: Disclosure of Damage Assessment (UNCLASSIFIED)

David,

The Court's protective order, paragraph is clear on this- "If trial counsel advises
the defense counsel, in writing, that certain classified information or documents may not be
disclosed to the accused, then defense counsel shall not disclose such information or
documents to the accused without prior concurrence of the trial counsel, absent such
concurrence, approval of the Court."

we have the information ready to give to the defense, voluntarily under MRE 505(g)(1). You
may address this issue next week, if you wish; but we have it ready to send immediately in
classified discovery once we receive defense counsel's written acknowledgment.

Thank you.

v/r
Ashden

Defe nse_U nc|ass_Email_1884





02832695

amss
From: David Coombs

Sent: Wednesday, May 30, 2012 2:58 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY (US)

Subject: Security Expert

Attachments: 100917-Appointment of Defense Security Expert.pdf; 101012-Appointment of 2d Defense

Security Expert Ha||.pdf; Security Expert Memo.docx

Ashden,

As discussed in today?s 862 hearing, our experts are frequently tasked to perform other
duties by their respective commands. These duties result in them not being available to
perform their duties as defense experts. I have just finished speaking with them about this
issue.

Mr. Hall and Mr. Ganiel have asked me to obtain a court order or memorandum from COL Lind
that they can use to show to their individual directors to avoid future conflicts. I told
them that I didn?t believe COL Lind needed to weigh in on the issue, and that it was
something that the convening authority could resolve with memorandum similar to his
appointment memorandum. I have typed up a memorandum that I believe should avoid future
availability issues.

If our experts continue to have difficulty with their respective chain of commands after the
memorandum, then the Defense would request direct contact with the chain of command on this
issue with defense counsel being present. Let me know if you have any questions.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 92996

Toll Free: 1-890-588-4156
Local: (593) 689-4616

Fax: (568) 689-9282




Defense_UncIass_EmaiI_1885

02832695
3m59

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_EmaiI_1885



02833286

smeo
From: David Coombs

Sent: Wednesday, May 30, 2012 2:58 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY (US)

Subject: Security Expert

Attachments: 100917-Appointment of Defense Security Expert.pdf; 101012-Appointment of 2d Defense

Security Expen Hal|.pdf; Security Expert Memo.docx

Ashden,

As discussed in today?s 862 hearing, our experts are frequently tasked to perform other
duties by their respective commands. These duties result in them not being available to
perform their duties as defense experts. I have just finished speaking with them about this
issue.

Mr. Hall and Mr. Ganiel have asked me to obtain a court order or memorandum from COL Lind
that they can use to show to their individual directors to avoid future conflicts. I told
them that I didn?t believe COL Lind needed to weigh in on the issue, and that it was
something that the convening authority could resolve with memorandum similar to his
appointment memorandum. I have typed up a memorandum that I believe should avoid future
availability issues.

If our experts continue to have difficulty with their respective chain of commands after the
memorandum, then the Defense would request direct contact with the chain of command on this
issue with defense counsel being present. Let me know if you have any questions.

Best,

David

David E. Coombs, Esq.

Law Office of David E. Coombs
11 South Angell Street, #317
Providence, RI 62966

Toll Free: 1-800-588-4156
Local: (568) 689-4616

Fax: (508) 689-9282




Defense_Unc|ass_Emai|_1886



02833286

31661

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

Defense_Unc|ass_Emai|_1886

02832905
smez

From: David Coombs
Sent: Wednesday, May 30, 2012 3:07 PM

To: Fein, Ashden MAJ USA SJA

Cc: Hurley, Thomas MAJ USARMY (US)

Subject: Government's Aggravation

Ashden,

Can you tell me the date the Government intends to provide the format for your
aggravation/sentencing information to the Court? Is this the same date that you also intend
to provide the ordered information to the Court?

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: (568) 689-4616

Fax: (568) 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__Emai|_1887



02833308

31663

From:
Sent:
To:
Cc:

Subject:

David,
Thank you.

v/r?
Ashden

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Wednesday, May 30, 2012 3:40 PM

David Coombs

Hurley, Thomas MAJ USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte. Jeffrey H. CPT USA
JFHQ-NCRIMDW SJA: von Elten, Alexander S. CPT USA SJA: Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW SJA

RE: Security Expert

we understand the issue and are working on it immediately. MTF.

Defense_Unc|ass_Emai|_1888

02832692

31664

From:
Sent
To:
Cc:

Subject:

Ashden,
Thank you.

Best,
David

David E. Coombs, Esq.

David Coombs

Wednesday, May 30, 2012 3:41 PM

Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Hurley, Thomas MAJ USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA
JFHQ-NCRIMDW von Elten. Alexander S. CPT USA SJA: Ford.
Arthur D. CW2 USA SJA

RE: Security Expert

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

Providence, RI 02966

Toll Free: 1-866-588-4156

Local: (508) 689-4616
Fax: (508) 689-9282

com
armycourtmartialdefense . com

Notice: This transmission, including attachments, may contain confidential

attorney-client information and is intended for the

person(s) or company named.
and delete all copies.

Unauthorized disclosure, copying or use of this information may be

unlawful and is

Defense_Unclass__Emai|_1889

If you are not the intended recipient, please notify the sender



02962695

31665

I From: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA
Sent: Wednesday, May 30, 2012 3:44 PM
To: David Coombs
Cc: Hurley, Thomas MAJ USARMY Morrow JoDean, CPT USA
Overgaard, Angel M. CPT USA JFHQ-NCRIMDW whyte. Jeffrey H. CPT USA

JFHQ-NCRIMDW von Elten, Alexander S. CPT USA Ford.
Arthur D. CW2 USA JFHQ-NCRIMDW Tooman. Joshua CPT USARMY
Santiago, Melissa CW2 USARMY (US)
Subject: RE: Government's Aggravation
1
i David,

we hope to provide the Court with a proposal by COB Friday. we intend to include the defense
on our proposal email.

v/r~
Ashden

Defense__Unclass_Emai|__1890



02832906

ewes
From: David Coombs

Sent: Wednesday, May 30, 2012 3:49 PM

To: Fein, Ashden MAJ USA JFHQ-NCRIMDW SJA

Cc: Hurley, Thomas MAJ USARMY Morrow JoDean, CPT USA JFHQ-NCRIMDW

Overgaard, Angel M. CPT USA JFHQ-NCRIMDW whyle, Jeffrey H. CPT USA
von Elten. Alexander S. CPT USA SJA: Fond.
Arthur D. CW2 USA JFHQ-NCRIMDW 'Tooman. Joshua CPT USARMY
?Santiago, Melissa CW2 USARMY

Subject: RE: Government's Aggravation

Ashden,

Thank you. Sorry to keep asking for clarification. If I understand correctly, 1) the goal
is to have the format for the document on Friday and

2) the ordered information on another date. Do you intend to have the ordered information
provided to the Court before 6 June?

Best,
David

David E. Coombs, Esq.

Law Office of David E. Coombs

11 South Angell Street, #317
Providence, RI 62906

Toll Free: 1 - 890- 588-4156

Local: (568) 689-4616

Fax: (588) 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



02832688



31667

From:
Sent
To:

Cc:

Sumed:

Ashden,

David Coombs

Thursday, May 31, 2012 8:12 AM

Fein, Ashden MAJ USA Overgaard, Angel M. CPT USA JFHQ-
Morrow JoDean, CPT USA Whyte, Jeffrey H.
CPT USA von Elten, Alexander S. CPT USA SJA
Hurley, Thomas MAJ USARMY 'Tooman, Joshua CPT USARMY
Supplement to Compel Discovery 2

The Defense did not note any needed redactions in our supplement to compel discovery we
intend to publicly file this motion. According to the Court?s Order, you have until 2 June
to request any protective order.

Best,

David

David E. Coombs, Esq.

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

Providence, RI 62966

Toll Free: 1-866-588-4156

Local: (508) 689-4616

Fax: (508) 689-9282





Notice: This transmission, including attachments, may contain confidential
attorney?c1ient 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|_1 892

02954375

31668

Sent:

From:
To:



Subject:

David,

Fein, Ashden MAJ USA SJA

Thursday, May 31. 2012 8:28 AM

David Coombs; Overgaard, Angel M. CPT USA JFHQ-NCRIMDW Morrow Ill. JoDean.
CPT USA JFHQ-NCRIMDW Whyte, Jeffrey H. CPT USA von
Elten, Alexander S. CPT USA SJA

Hurley. Thomas MAJ USARMY 'Tooman. Joshua CPT USARMY

RE: Supplement to Compel Discovery 2

The Court's order states 3 days and we interpret that as duty days. we will start processing
this request with the different departments and will have an answer by COB on Monday, 4 June

2012.

V/r
Ashden

Defense_U nclass_Email_1893

31669

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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