Title: Volume FOIA 109

Release Date: 2014-03-20

Text: 35320Volume 109 of 111SJAR ROTFOIA VersionVERBAT IM 1RECORD OF TRIAL2(and accompanying papers)of(Name: Last, First, Middie initiai) (Sociai Security Number) (Rank)Headquarters andHeadquarters Company,United States Army Garrison U-S- Army FCDIJC Ml/er: VA 22211(Unit/Command Name) (Branch of Service) (Station or Snip)ByGENERAL COURT-MARTIALConvened by Commander(Titie of Con vening Authority)UNITED STATES ARMY MILITARY DISTRICT OF WASHINGTON(Unit/Command of Con vening Authority)Tried atFort. Meade, MD on see below(Piace or Piaces of Triai) (Date or Dates of Triai-9Date 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 ?surrimarizeo? as appropriate. 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Internet ArchiveMonday- June 3rd. ZU13 WhoHenAmts? 27 The i - >' ~>.Coin Rush- At The BitcoinC^^gnventionYou can see our Mo^eLAggiayi*Can the affidavit be notarized?Notarizing the affidavit is a strain on the internet Archive's resources, since there are no notaries nearby. If youwould like your affidavit notarized, please add S100 to payment, and note it in your requestCan I subpoena someone to testify to the authenticity of the URLs in the Wayback Machine?The Internet Archive would prefer if you didn't, and will most likely fight it. The Internet Archive is a small non-profit,and taking a member o! the team tor even a few days significantly effects what the Archive is trying to accomplish.Please consider alternatives to subpoenaing someone from the Internet Archive, includ ng using the standardaffidavit or judicial notice.My request is urgent! Can the Internet Archive provide the documents and affidavit immediately?No Unfortunately, given the number of information requests the Internet Archive receives it is not feasible for us toprovide anyone with expedited responsesHowever, we lecommend that you provide us with a FedEx account number for se-sdin;] your documents andaffidavit, since this -will speed up your wait time significantly (otherwise, we will send yo.ir affidavit via regular mail).Please see our Information Request Policy for more details.Can the affidavit be faxed or sent in some kind of electronic form (ex: on CD or as a pdf)?The l.nternet Archive does no! have the resources to prepare or deliver your documents in any other than printedform.Can the Internet Archive change its standard affidavit to fit my needs?The InternetArchive may be willing to change its standard affidavit according to particular needs, on a case bycase basis. However, if we agree to make such changes, you will be required to re:.mbi rse the Internal Archive forits related attorney fees as we ask our attorneys to review and negolia'e any changes to the standard affidavit Ifyou wish to inquire further about this possibility, please contact us via email at info#archive orgDoes the Internet Archive's affidavit mean that the printout was actually the page posted on the Web at the 'recorded time?The Internet Archive's affidavit only affirms that tne pr nted document is a true and correct copy of our records, IIremains your burden so convince the finder of fact what pages were up when.Can the Internet Archive provide all pages from a specified domain?The Internet Archive cannot respond to requests that list one URL and ask tor ail pages at that comain You mustprovide us with an extended URL (i.e.. the full URL that appears in the Address field of your browser) for eachpage yoi; need authenticated. The extended uri must come from the Internet Archive's Wayback Machine and notthe live web For example, www.archive.org is not an extended urI, buthttp://web.archive.org,'V/6b/20010812000356/ww archive org/movies/index.html is. Plaase see our hWnabanB.§.9aSSLPfil.lSy 'or more details.Does the Internet Archive limit the number of documents I can request at one time?The Internet Archive will respond to reasonable requests for documents. II you request a substantial number ofdocur-nents, the Internet Archive may contact you and ask that you reduce your lequesi, and the turnaround timeon your request may De longer than five business days Please remember that every request puts a strain on theInternet Archive's lir-nited resources and small staff, and therefore request only those documents which you believeare absolutely necessary to your case In addition, the Internet Archive reserves the rig -it to decline any request itdeems to be unreasonable.Does the Internet Archive guarantee a turnaround time for responses to requests?http://archive.org/legal/raq.php6/14/201335394^oThelnlernet Archive strives to respond to requests within five business day^ of receipt of paymertt.butthattimeframe is not guaranteed.Whenlsend my payments h o ^ w l l l you knowfhat my payment relates to my reqtiest?If you ar^sendingacheck, please also includeacopyofyour request in the envelope with your check as well asar^ email address where we can contact yoi^lfyou are sending payment via PayPaLpease emailihfo^archiveoro immediately afier sendinovouroavmentnoti^iho the InternetArchive that you have iust sentpayment and identifying your request sufficiently for the internet Archive to understand to-which request you arereferringWhere d o l s e n d questions about your information request policy?t:)uestions should be sent via email to i^fo^archiv^B^rgIsubmitted an incorrect request, c a n l h a v e a r e f u n d o r a c r e d i t ?f.lo The Internet Archive does not have the resources to set up an accounting systemic this vBay Please doubledcf^eck your requests for duplicate URLsorerrorsbeforesubmittir^gthemWecartr^^otr^fur^d your money orgiveyouacrediLWill the Internet Archive takeaposltlon in my legal dispute?The Internet Archive strives lobeadisinlerested third party in all disputes involving its collection items If you areusing ^^aybackl^achir-ie documents to makeacase in your legal dispute.the InternetArchive will not take anidealogical or other position in said disputeIneed an affidavit foracase taking place outside ofthe United states.Ihternel Archive can provide you virith authenticated documents and an affidavit in accordance with ourU5poiicywith the following ad^ustments^If you cannot provide the archive with an account number to which shipment of the documents can be charged,thearchive will charge and additional ^^^^^tOO depending on the size of your request^lnlerr-iet Archive will strive to have your documents p.^lntedih^business days after pa-Bment is recel-Bed,howevertransit lime to you is not guaranteed.Internet Archive will accept international wire transfers for international cases only at no expense to the archivear-iy unexpected wire transfer fees must be paid by ycuPlease remember that the Internet Archlvesaffidavitonly affirms that the printed docur^entisatrue and correctcopy of our records. It remains your burden to convince the finder of fact what pages were up when Additionally,the l.nternet Archive does not automatically notarze affidavits-this IS an additional ^-lOt chargeHow can 1 tell when the pages from the Wayback Machine were archived?The InternetArchive assigns a URL to each archived page on its site in the format http //web. archive.org/web,'[Y earin yyyy][Monlh in mmj[Day in dd][Tlme code in hhimmissJ/fArchived URL]. Thus, the In.ernet Archive URLhtip /'/web.archive orq,'web/l 9970126045828/httD://wwv/.archive.org/ would be the URL for the record of theInternet Archive home page (httg/Zwviwarchived on January 26, 1997, at 4:58 a m. and 28 seconds(1997/01(26 at 04 58:28). Typically, a printout from a 'iWeb browser will show the URL in She footer.If a website is designed with "frames," the date assigned by the InternetArchive applies to the frameset as awhole, and not the individual pages within each frame.Arc all the pages associated with a site archived on the same date?Probably not Some users get confused about the temporal browsing that the Wayback Machine allows. If a userenters a URL inSo the Wayback (Machine and clicks on a date, that date is only for that oage If s user then dickson a link on an archived page to continue browsing, the Wayback tvtachine will grao the closest date to the oneoriginally requested a display it. If the requested page has not been archived, but still available on the live web, theWayback Machine will grab the live page and it will be displayed with today's date m th-a date code.For example, a user starts on this page:httc '/web archive.ora/web/200006191828S7/htic //www archive orgfwhich is the June 19th 2000 version of archive orgThen the user clicks on the "Internet Archive Colloquium 2000 a Success" link:http://web archive orq/web/20000706194131 /vAvw archive.orq/nevjs/index.htmlnote that the date for this page is July 6th, 2000How can I tell what date a particular Image was archived?Tne date assigned by the Internet Archive applies to the HTML file but not to image files linked therein Thusimages that appear on the printed page may not have been archived on the same date as the HTf/L file. If youwould like to find out vmen a particular image was archived right click (control click from Mac users) and select"open image in new tab (or window]" You can also select "copy image location" open jp a new tab or browserwindow and paste in the urI. Once the image opens look at the urI in your browser's ad jress window to determinethe date the image was captured Please note that using Microsoft's Internet Explorer's "propert es" option can bemisreading as it displays the same date code as the uri's HTML file when looking at an image. Its best to open theimage in its own window to determine the exact capture dateI clicked on an archived link and ended up on the live web. What happened?hup:,'7archive.org/lcgal/iaq.php6/14/201;35395The Wayback Machine does its best to allowtemporal browsing Ifauser enter^aUl^i. into the Wayback Machineandclicksonadatethatdateisohlyforthatpagelfauserthenclicksohalihkonanarchivedpagetocontinuebrowsing, and the link IS not available, sometir-nes the Wayback Machine will redirect to the live web If we receivearequestcohtaihing files that are not archived vBe cannot process them nor return payment l^eepaneyeonyouraddress bar to make sure the file you request is an archived filel^ve surfed to httr^://web.archive.oro/weh/20000708194131/wwwarchive,orq/news/index,html,how d o l f i n dout wf^at dates are available?Replace the date code witha^,and the Waybac,.^ Machine vBill display all dates for tha: URL:http://yveb,archive,orq/w^b/^/^vyy^varchivep,^q/new^ind^xfi^mlWhat do these error messages mean?^a Robots,b^t^uery exclusion1 This means tftat the site is blocked by the siteowrter The Internet Archive was r^otcoh:acted and has no record ofwhen the exclusion took effectb. blocked 5ite terror.This m^eans that the InternetArchive was contacted by tne siteowner and ask^d to reiTOve the site from theWayback Machine Pursuanttoits document retention policy,the InternetArchive keeps the original request fortmor^th,c Failed Connection ^rrorThis rr^eans that the macf^ir^e that this URL resides on in the database is down and needs attention fromasystemadministrator II your request contains pages withaFailed Connection ^rror,the InternetArchive will needadditional time to correct the problemd. Not in ArchiveThis means thatthis URL is not in the archive, and also r^o longer available Oh the live w^eb.e Path Index ^rrorApath Index error message refers toaprcblem in our data base wherein the information requested is not available(generally because ofamachine or software issue,however each case is different),We will look into each instancewhere this error occurs in your request, however the Internet Archive cannot guarante^i that all of these errors canbe fixed within any given tirnelihe.What isaframessite^ and how d o l g o about authenticating archived frames pages?t^eneral inform.ation on frames sites can be found Oh the-web Typically.framessitesraveaside menu bar thatdoesn't reload when you click onabutton, only the content in the middle does You ca^also "view page sources onyour browser and check the source html for the words ^frame" or "framesets^ i n c e the time stamp onaframes site refers to the pare-^t frame only,it would be in your Pest interest to alsorequest authentication of the child pages The date on these child pages can be found by right clicking anywhere inthe child frame ar^dopenir^g it inanew window by ItselfCan the InternetArchive search for pages on the Wayback D/lachlneusiitg particular keywords or othersearch terms?l^oThe Wayback Machine IS not likeatypical search engine in that it cannot search for specific terms orkeyv^ords Therefore,the InternetArchive cannot respond to requests such as "All records containing the term'Prelinger Archives'" or-"AII records related to the Web site w^^.archiveorg"lnstead,:^rovideaiist of the extendedURLs for each page on the Wayback Machine that you want us to authenticatet^oes the fact thataparticular URL is not in the Wayback l^achine onaparticular date mean the page didnot exist on that date?The fact thataURLfromaparticular date is not accessible via the Wayback Machine only mear^s that the page isnot archived in the Wayback Machine It does not mean that the page did or did not exst on that dateTheW^ayback Machine does r^otconlain copies of every page that ever existed on the InternetTerrrsof Use flQMar 2C-0'ihttp://archive.org/legal/faq.php6/14/201335396ENCLOSURE 10"^^^B^^^^35397^A I l I D A V n OK ( IfKISTOPHER Bl 1 LKK•!'I1. 1 am the o n ice Manager at the internet Archive, located in San Francisco.Caiilbrnia. I make this deciaruiiun ol'niy own personal l) i?».,l^-f C ' e u ^ I'LC, m,.f,'('^'t.1 t n k . f f d ' , I lr.„i 'l\/lanningB_00412534.rcft x . U c , Ni.Tr,r,-ISMft I <35432REUTERS #July 25, 2007Bryan WhitmanPage 2As this information concerns a matter of urgency, please provide an expedited review ofthis request and contact me directly by telephone or email if you have any questions orneed additional information.Sincerely yours,/u/,Thomas S. KimSenior Vice PresidentGlobal Head of Compliance AssurancePrincipal Legal Counselcc:ManningB_00412535Rear Admiral I. Mark Fox (via email)35433ENCLOSURE 235434DEPARTMENT OF DEFENSEOFFICE or FREEDOM OF INFORMATION1155 DEFENSE PENTAGONWASHINGTON, oc 20301-1155 AUG 0 7 2007Ref: 07-F-2265MEMORANDUM FOR U. S. CENTRAL COMMANDCCJ6-DM (FOIA)7115 SOUTH BOUNDARY BLVEMACDILL AFB, Fl. 33621-5510SUBJECT: Freedom of In formation Act (FOIA) Request Mr. Thomas S. KimThe attached FOIA request is referred to your organization as a matter under yourcognizance. Please search for material responsive to the request and respond directly tothe requester. You should note that, we categorized the requester as an ?other? userequester and he is seeking expedite processing. Our point of contact for this action isill?tmmerChiefEnclosure:l. Request 2. Letter to requester ReceivedSEP 5 2C07I uscEN1coMrotA r2? Cased? A40(pl 0'ManningB_0041253335435ENCLOSURE 335436L'Xi n i> ST.S;(. K M R.\,L {f ) H 1< HOI^ j |IK( iilK^\ : A)T\x24 April 2(X)9Mr. Tliomas S. KimReuters America Inc.The Reuters Building3 Titttes SqtuireNew York. NY 10036Dear Mi". Kim.I mn writing in response lo your Freedom of Infonnation Act (FOIA) request for al)documents, reports, information, video and audio recordings relating to the deaths of Mr. NamirKoor-Eldeen and Mr. Saeed Chmagh, Reuters journalists.U.SCENTCC)M conducted a through searcli and located eight responsive documents. Afterreviewing the informaUon, i have determined that three (Attack Mission Request, MissionJournal, and Story Board) documents are currently and properly classified in accordance withExecutive Order 12958, as amended, sections 1,4(a), military plans, operations, or weaponsystems; and \ .4(c), intelligence activities. Therefore, the national security information iswithheld pursuant 5 U.S.C. 552(b)(1). classified information. Additional information identifiedin all eight documents is protected piu.suant to 5 U.S.C, 552 (b)(2)I hgli, information regardinginternal rules or practices; (b)(3), as it relates to 10 U.S.C. 130b, personnel in overseas, sensitiveor routinely dcployable units; (b)(5). inter-agency records; and (b)(6), protection of personalprivacy. As such, I'm enclosing six partially released documents. The Mis.sion Journal andStory Board documents arc withheld in their entirety.Accordingly, in my capacity as the Initial Denial Amhority, by withholding this informiUion fam partially denying your request. The cost for processing your request is S352. Please makepayment to U.S. Treasury Department and remit to USCENTCOM tor processing. If you arc notsatisfied with this action, you may appeal to the appeilaie authority, the Director ofAdntinistration and Management. Office of the Secretary of Defense. To submit your appeal,you should write directly to the Defense Freedom of Information Policy Office, Attn: Mr. JamesHogan, 1155 Defense Pentagon, Washington D.C. 20301-1155. Your appeal .should bepostmarked within 60 calendar days of the date of this letter, should cite case number 07-0240,and should be clearly marked "Freedom of Infoniuuion Act Appeal."ManningB_0041253635437If you have any questions regarding this FOIA request, please contact my FOIA RequesterService Center at (813) 827-1810 and refer to USCENTCOM FOIA 07-{)24() when inquiring.Sincerely,^x^A;;T^c/(Q^J^Y W. HOOD•lajor General, U.S. ArmyEnclosures:1. Action By Appointing Authority2. Sworn Statements3. Attack Mission Request4. Photographs5. 1st, Air Cavalry Brigade AR 15-6 Investigation6. 2nd Brigade Combat Team 15-6 Investigation7. DD Form 2086. Record of FOIA Processing CostManningB_0041253735438IN THE UNITED STATES ARMYFIRST JUDICIAL CIRCUITUNITED STATESDEFENSE MOTION FORJUDICIAL NOTICE OFCENTCOM CLASSIFICATIONASSESSMENT OF APACHEVIDEO AND TRANSCRIPT OFPROSECUTION EXHIBIT 15MANNING, Bradley E., PFCU.S. Army,Headquarters and Headquarters Company. U.S.Army Garrison, Joint Base Myer-Henderson Hall,Fort Myer, VA 2221 1DATED: 15 JUNE 2013RELIEF SOUGHT1. PFC Bradley E. Manning, by and through counsel, moves this Court, pursuant to MilitaryRule of Evidence (MRE) 201 and MRE 801(d)(2)(D) to takejudicial notice of the CENTCOMclassi?cation assessment conducted by RADM Kevin Doncgan. The Defense further requeststhis Court take judicial notice of the transcript for Prosecution Exhibit 15. BURDEN OF PERSUASION AND BURDEN OF PROOF2. As the moving Pilrty, the Defense has the burden of persuasion. Rule for Courts-Martial(RCM) 905(c)(2). The burden of proof is by a preponderance of the evidence. RCM 905(c)(1).FACTS3. PFC Manning is charged with five specifications of violating a lawful general regulation, onespeci?cation of aiding the enemy, one specification of disorders and neglects to the prejudice ofgood order and discipline and service discrediting, eight speci?cations of communicatingclassified information, five specifications of stealing or knowingly converting Governmentproperty. and two speci?cations of knowingly exceeding authorized access to a Governmentcomputer, in violation of Articles 92, 104, and 134, Uniform Code of Military Justice (UCMJ)I0 U.S.C. 892, 904, 934 (2010).4. The original charges were preferred on 5 July 2010. Those charges were dismissed by theconvening authority on 18 March 2011. The current charges were preferred on 1 March 20] I.On 16 December through 22 December 201 1, these charges were investigated by an Article 32Investigating Officer. The charges were referred to a general court?mar1ial on 3 February 2012.5. On 13 October 2010 RADM Kevin Donegan, Director of Operations at CENTCOM,conducted an assessment of the classification determination of the Apache video, which is nowPE I5. See Enclosure 1. RADM Donegan determined:35439In our view, the video in question should be deemedUNCLASSIFIED. Reference sets out guidance for classi?cationof materials in the CENTCOM Area of Responsibility. Theguidance covers a wide range of issues, but in this instance therelevant category is on page A-26, ?Speci?c OperationalInformation.? Under this category, operational information maybe UNCLASSIFIED if the information describes a past event ingeneric tenns, provides no indicators of potential future operations,does not provide speci?c locations, unit data, TTPs, capabilities, ordoes not embarrass Coalition members. The subject video meetsthese criteria and should therefore be UNCLASSIFIED. It ispossible that some elements of the video may have warrantedhigher classi?cation at the time of the event, but without speci?coperational context we cannot now man as assessment on this.6. The Defense does not request any witnesses be produced for this motion. The Defenserespectfully requests this court to consider the referenced attachments to this motion in supportof its request.LEGAL AUTHORITY AND ARGUMENTA. The Statement of RADM Donegan is Proper for Judicial Notice Under MRE 201 and MRE301(d)(2)(B)7. In the interest of judicial economy, MRE 201 relieves a proponent from formally provingcertain facts that reasonable persons would not dispute. There are two categories of adjudicativefacts that may be noticed under the rule. First, the military judge may take judicial notice ofadjudicative facts that are ?generally known universally, locally, or in the area pertinent to theevent.? MRE 201(b)(1). Under this category of adjudicative facts, it is not the military judge?sknowledge or experience that is controlling. Instead, the test is whether the fact is generallyknown by those that would have a reason to know the adjudicative fact. US. v. Brown, 33 M.J.706, 709 (N .M.C.A 1992). The second category of adjudicative facts is those ?capable ofaccurate and ready determination by resort to sources whose accuracy cannot reasonably bequestioned.? MRE 20l(b)(2). This category of adjudicative facts includes government records,business records, information in almanacs, scienti?c facts, and well documented reports. 1d. Seealso, US. v. Spann, 24 M.J. 508 (A.F.C.M.R. 1987). Moreover,judicial notice may be taken ofaperiodical. U.S. v. Needham_ 23 M.J. 383, 385 (C.M.A. l983)(takingjudicial notice of DrugEnforcement Agency publication). The key requirement for judicial notice under this category isthat the source relied upon must be reliable. 8. Under MRE 201(d), a military judge must take judicial notice if the proponent presents thenecessary supporting information. In making the determination whether a fact is capable ofbeing judicially noticed, the military judge is not bound by the rules of evidence. 1 STEPHEN A.SALTZBURG, LEE D. SCHINASI, AND DAVID A.SCHLUETER, MILITARY RULES OFEVIDENCE MANUAL 201 (2003) Additionally, the information relied upon by theparty requesting judicial notice need not be otherwise admissible. Id. The detennination ofwhether a fact is capable of being judicially noticed is a preliminary question for the militaryjudge. See MRE lO4(a).9. The Defense requests this court take judicial notice that the statement outlined above wasmade by RADM Donegan. Here, the statements fall under the second category of factscontemplated by MRE 20l(b)(2). The statement is capable of accurate and ready detennination,as it appears on official U.S. CENTCOM letterhead and is signed by RADM Donegan.Because the statement is facially reputable and there is no reasonable basis to question itsauthenticity, it is appropriate for judicial notice. MRE 201(b)(2)B. The Statements are Admissible as Non-Hearsay Under MRE 801 10. Any government agency affected by the alleged leaks should be considered a partyopponent. Id. US. v. American Tel. Tel. Co., 498 F.Supp. 353 (D.C.D.C. 1980) is instructive.At issue were statements made by representatives of various agencies of the Executive Branch atFCC proceedings.? The court rejected the government argument that the entire Executive Branchshould not be considered a party opponent, noting that the implications of the case extendedbeyond just the Department of Justice (DOJ). Id. at 357. The court also rejected thegovemrnent?s contention that it should not have to offer explanations for the statements becausethe government?s size and the varying interests of the numerous government agencies wouldmake offering such an explanation burdensome. The court held:[T]he underlying theoretical premise of the government?s argument is troublingand cannot be accepted. Its argument in effect is that, whenever the purpose of arule-whether of pleading or of evidence?would be better effectuated by alteringthe configuration of a party to which it is applicable, then the definition of thatparty must be changed in midstream. Carried to its logical conclusion, thisposition would force the courts to change the shape and size of parties,particularly in complex litigation, depending upon the? part of the case being triedand the principles of law and procedure that may be relevant at any givenmoment. These chameleon-like shifts in the identity of the parties would upset theorderly conduct of such litigation.For these reasons, the Court rejects the proposition that the plaintiff in this casefor the purposes of the rules of evidence is the Department of Justice; it holds, asit did on September 1978, that the plaintiff is the United States; and itconcludes that the statements contained in the three test case documents inSpeci?cally at issue was a Brief for the Administrator of General Services, testimony ofthe Director forTelecommunications Policy, Of?ce of the Secretary of Defense and Proposed Findings of Fact and Argument of theSecretary of Defense. Id. at 357. question (see note 6 supra constitute admissions by a party?opponent under Rule801(d)(2). Id.1 1. The Department of Defense clearly qualifies as a party opponent in this case. PFC Manningis charged with releasing documents from the Department of Defense and is facing action underthe Uniform Code of Military Justice. U.S. CENTCOM falls under the Department of Defenseand, as such, must be considered a party opponent. The Director of Operations for CENTCOM,RADM Donegan, has the authority to speak for CENTCOM.12. The statement is admissible pursuant to MRE 801 Statements by a party?s agentor servant are admissible against that party as long as those statements fall within the agent?s orservant?s scope of authority and are made while the agency or employment relationshipcontinued. MRE Statements made in the scope of employment by a governmentemployee may properly be admitted. Commercial Conrractors v. U. S., 35 Fed. Cl. 246,256 (Fed. C1. 1996). The court in US. v. Babat, 18 M.J. 316 (C.M.A. 1984) held, ?statementssomeone makes through an authorized agent are imputable to the principle and may be admittedin evidence against him.? Id. at 324. The rationale for this rule is that agents or employees havean incentive not to make statements that might damage the party who retains them.13. While some circuit courts have held that not all statements by government agents shouldbeen considered statements by a party opponent under rule such holdings arepredicated on the idea that an individual cannot bind the sovereign. U. S. v. Garza, 448 F.3d 294(5th Cir. 2006). However, where a government agent is capable of binding the sovereign,statements from that agent are admissible under 801 U.S. v. Salerno, 937 F.2d 797,812 (2d. Cir. l99l)(holding that opening and closing statements made by prosecutor in adifferent, but related criminal prosecution were admissible to show the government once hadexpressed a different theory about the alleged crime), see also, US. v. Johnson, F.Supp.2d -, 2012 WL 1836282 (N .D. Iowa 2012)(discussing the admissibility of inconsistent factualassertions and inconsistent opinions), U.S. v. Van Griffin, 874 F.2d 634, 638 (9th Cir.1989)(holding that a government manual on field sobriety testing issued by the government wasadmissible where the agency was a relevant and competent section of the government), U.S. v.Branham, 97 F.3d 835, 851 (6th Cir. 1996)(noting that the federal government is a party-opponent of the defendant in a criminal case and a statements by a paid informant wereadmissible).14. Here, the statement for which judicial notice is requested was made by an individual withthe power to speak for CENTCOM. The statements in questions are not the musings of randomSoldiers posted to a blog. Rather, RADM Donegan, the CENTCOM Director of Operations,serves in a high level position and spoke on behalf of those who did/do have the ability to bindthe sovereign. Moreover, his position at CENTCOM is relevant to this case because PFCManning is charged with leaking various CENTCOM documents. Because the statements weremade by party opponents within the scope of their employment and the party opponents have theability to bind the sovereign their statements should be deemed admissible under MREC. A Transcript of Prosecution Exhibit 15 is Admissible Pursuant to MRE 201 15. Rule 201(b) allows for the Court to takejudicial notice of those facts which are ?capable ofaccurate and ready determination by resort to sources whose accuracy cannot reasonably bequestioned.? Enclosure 2 provides the Court with a transcript of Prosecution Exhibit 15. Thesource of this information is Prosecution Exhibit 15. The transcript can easily be verified byviewing Prosecution Exhibit 15 and following along. As such, the transcript is capable ofaccurate and ready determination. This transcript promotes judicial economy by allowing theCourt to reference the dialogue of the video without actually viewing the Exhibit. Accordingly,the Defense requests this Court take judicial notice of Enclosure 2.CONCLUSION16. Based on the above, the Defense requests that the Court to take judicial notice of requestedadjudicate facts, and to admit these facts as admissions by a party opponent at trial.Respectfully SubmittedJ. TOOMANCPT, JADefense Counsel I certify that I served or caused to be served a true copy of the above on MAJ AshdenFein, via electronic mail, on 15 June 2013.SHUA J. TOOMANCPT, ADefense CounselENCLOSURE 1 4? UNITED STATES CENIRAL COMMAND71 as sour?! BOULBVARI)MACDILL AIR FORCE BASE, FLORIDA 3362:-5 to:CCJ313 October 2030 MEMORANDUM THRU Tampa, Fiori?a, 33608. FOR United States Army Office of the Judge Advocate General USA OTJAGSUBJECT: CI-INTCOM Assessment of the Cavakj?; Division Ciassi?cation Determination ofApache Video 20100923-044)References: (A) Email chain from ovso is(B) Regtziation (con. 330-14, USCENTCOM Security Classi?cationGuide 0130, Dated: '36 February 20101. Purpose. The gmrpose of this memorandum is to provide a position in response to thequestion of whether or not the information contained in the subject video she?-aid beclassi?ed at any ievei {Reference A). 2. Position. In our view, the video in question should be deemedReference 3 sets out guidance ?classi?cation of materiais in theCENTCOM Area of The guidance COVBIS a wide range ofissucs, but inthis instance the relevant is on page .426, ?Speci?c Operazionai Znfonnatiort.?Under this category, operational izzformaiion may be ifthe informa?ondescribes a past event in generic Lean provides no indicators of potentiai futureoperations, does not provide speci?c ?ocations, unit data, capabilities, or does notembarrass Coaiition members. The subject video meets these criteria and should thereforebe UNCLASSZFEE It is possible that some oft?e video may have warrantedhigher classi?cation at the 15 ofthe event, but without speci?c opctationai context wenow make an assessment on this.3. The POC for this memorandum is MAJ Brian 3. Static at M. DONELANRADM, USNDirector of OperationsClassi?ed by: CCR 380-14, Security Classi?cation Guide 0110, Dated: 26Febmary 20 '10Reason: 2.4 (3) Declassify: 37 September 2010 M0 years or upon compietion of project, whichever is sooner -1 ENCLOSURE 235446Prosecution Exhibit 15 Traoscript of Video00:03 Okay I got it.00:05 Last conversation Hotel Two-Six.00:09 Roger Hotel Two-Six, uh, Victor Charlie Alpha. Look, do you want your Hotel Two-Twotwo element.00:14 I got a black vehicle under target. It's arriving right to the north of the mosque.00:17 Yeah, I would like that. Over.00:21 Moving south by the mosque dome. Down that road.00:27 Okay we got a target fifteen coming at you. It's a guy with a weapon.00:32 Roger.00:39 There's a...00:42 There's about, ah, four or five...00:44 Bushmaster Six copy One-Six.00:48 ...this location and there's more that keep walking by and one of them has a weapon.00:52 Roger received target fifteen.00:55 Okay.00:57 See all those people standing down there.01:06 Affirmed. And open the courtyard.01:09 Yeah roger. I just estimate there's probably about twenty of them.01:13 There's one, yeah.01:15 Oh yeah.01:18 I don't know if that's a...01:19 Hey Bushmaster element, copy on the one-six.01:21 Thats a weapon.01:22 Yeah.01:23 Hotel Two-Six; Crazy Horse One-Eight.01:29 Copy on the one-six, Bushmaster Six-Romeo. Roger.01:32 Fucking prick.01:33 Hotel Two-Six this is Crazy Horse One-Eight. Have individuals with weapons.01:41 Yup. He's got a weapon too.01:43 Hotel Two-Six; Crazy Horse One-Eight. Have five to six individuals with AK47s.Request permission to engage.01:51 Roger that. Uh, we have no personnel east of our position. So, uh, you are free to engage.Over.02:00 All right, we'll be engaging.02:02 Roger, go ahead.02:03 I'm gonna... I can't get 'em now because they're behind that building.02:09 Um, hey Bushmaster element...02:10 He's got an RPG.02:11 All right, we got a guy with an RPG.02:13 I'm gonna fire.02:14 Okay.02:15 No hold on. Let's come around. Behind buildings right now from our point of view....Okay, we're gonna come around.02:19 Hotel Two-Six; have eyes on individual with RPG. Getting ready to fire. We won't...Page 1 of 113544702:23 Yeah,wehadaguy shoot—and now he's behind the building.02:26 God damn it.02:28 Uh, negative,he was, uh, right in front of the Brad.Uh,'bout, there, one o'clock.02:34 Haven't seen anything since then.02:36 Just fuckin', once you get on'emjust open'em up.02:38 Roger,lam02:40Isee your element, uh, got about four Humvees, uh, out along...02:43 You're clear.02:44 Allright, firing02:47 Let me know when you've got them.02:49 Lets shoot02:50 Light'em all up.02:52 Come on, firel02:57 Roger.Reep shooting, keep shooting.02:59 keep shooting.03:02 keep shooting.03:05 Hotel..BushmasterTwo-Six,BushmasterTwo-Six,we need to move,time nowl03:10Allright,we just engaged all eight individuals.03:12Yeah,we see two birds and we're still firing.03:14Roger03:15Igot'em03:16Twosix, this isTwo-Six,we're mobile.03:19Oops, I'm sorry what was going on703:20 God damn it, l^yle03:23 All right, hahaha,Ihit'em.03:28 Uh, you're clear.03:30 All right, I'mjust trying to find targets again.03:38 Bushmaster Six, this is BushmasterTwoSix.03:40 Gotabunchofbodieslayin'there.03:42 All right,we got about, uh, eight individuals.03:46 Yeah,we got one guy crawling around down there,but, uh, you know,we got, definitelygot something.03:51 We're shooting some more.03 52 Roger03:56 Hey,you shoot, I'll talk03:57 HotelTwo-Six;CrazyhorseOneFight.04:01CrazyhorseOneEight; this is HotelTwoSix.Over.04:03 Roger. Currently engaging approximately eight individuals, uhRlA,uhRPGs, and AR47s04:12HotelTwoSix, you need to move to that location once Crazyhorse is done and getpictures. Over.04:20 Six beacon gaia.04:24SergeantTwenty is the location.04:28 HotelTwo-Six; Crazyhorse OneFight.04:31Oh, yeah, look at those dead bastards.04:36 NicePagesof 113544804:37 Two-Six; Crazyhorse OneEight.04:44 Nice04:47 Good shoot.04:48 Thank you04:53 HotelTwo Six04:55 HotelTwo-Six; Crazyhorse One-Eight.05:03 Crazyhorse One Eight; Bushmaster Seven. Go ahead.05:06 Bushmaster Seven; Crazyhorse One-Eight. Uh, location ofbodies, Mike Bravo five-fourfiveeighteight-six-oneseven.05:15Hey,goodontheuh...05:17Five-fourfiveeighteightsixone-seven.Over.05:21This is Crazyhorse OneEight, that'sagood copy. They're onastreet in front ofan open,uh, courtyard withabunchofblueuh trucks,bunch of vehicles in the courtyard.05:30 There's one guy moving down there but he's uh, he's wounded.05:35 All right,we'll let'em know so they can hurry up and get over here.05:40 One-Eight,we also have one individual,uh, appears to be wounded trying to crawl away.05:49 Roger,we're gonna move down there.05:51Roger,we'll cease fire.05:54 Yeah,we won't shoot anymore.06:01 He's getting up.06:02 Maybe he hasaweapon down in his hand706:04 No,lhaven't seen one yet.06:07 1 see you guys got that guy crawling right now on that curb.06:08 Yeah,lgot him.Iput two rounds near him, and you guys were shooting over there too,souh we'll see.06:I4Yeah, roger that.06:16BushmasterThirty-Six Element; this is uhHotelTwo-Seven over.06:21HotelTwoSeven; Bushmaster Seven go ahead.06:24 Roger I'm just trying to make sure you guys have my turf, over.06:31Roger we got your turf.06:33 Come on, buddy.06^38 All you gotta do is pick upaweapon.06:44 Crazyhorse this is Bushmaster Five,Bushmaster Four break.Weare right below you righttime now can you walk us onto that location over.06:54 This isTwo-Sixroger.I'll pop fiares.Wealso have one individual moving.We're lookingfor weapons. If we seeaweapon,we're gonna engage.07:07 YeahBushmaster,wehaveavan that's approaching and picking up the bodies.07:14 Where's that van at707:15Right down there by the bodies.07:16Okay,yeah07:18Bushmaster; Crazyhorse. Wehave individuals going to the scene, looks like possibly uhpicking up bodies and weapons.07:25 Let me engage.07:28 Canlshoot707:31Roger.Break.UhCrazyhorse One-Eight request permission to uh engage.07:36 Picking up the wounded^PageNet 113544907:38 Yeah,we're trying to get permission to engage.07:41Come on, let us shoots07:44 Bushmaster; Crazyhorse One Eight.07:49 They're taking him.07:51 Bushmaster; Crazyhorse One-Eight.07:56 This is Bushmaster Seven, go ahead.07:59 Roger.WehaveablackSUV-uh Bongo truck picking up the bodies.Request permissionto engage.08:02 Fuck08:06 This is Bushmaster Seven, roger.This is Bushmaster Seven, roger.Engage.08:12OneEight, engage.08:12Clear08:13 Come onl08:17Clear08:20 Clear08:21 We're engaging.08:26 Coming around. Clear.08:27 Roger.Trying to uh...08:32 Clear08:35 Ihear'emco..Ilost'eminthedust.08:36Igot'em08:41I'mfiring08:42 This is Bushmaster Forty got any BDAon that truck. Over.08:44 You're clear.08:47 This is ah Crazyhorse. Stand by.08:47 Ican't shoot for some reason.08:49 Go ahead08:50 Ithink the van's disabled.08:53 Go ahead and shoot it.08:54Igot an azimuth limit for some reason09:00 Go left09:03 Clear left09:15 All right, Bushmaster Crazyhorse One-Eight.09:20Avehicle appears to be disabled.09:22 There were approximately four to five individuals in vehicle moving bodies.09:28 Your lead Bradley should take the next right.09:31That's cruising east down the road.09:34 No more shooting.09:38 Crazyhorse; this is Bushmaster Four.We'removingadismounted element straight souththrough the Bradleys.09:44 Ihave your Elemuh, Bradley element turning south down the road where theengagements were.09:53 Last call on station's uh Bradley element say again.09:56 Roger this is Crazyhorse.09:58 Your lead Bradley just turned south down the road where all the engagements happened.10:03 Should haveavan in the middle ofthe road with about twelve to fifteen bodies.Page4otll35450IO:IIOh yeah, look at that.Right through the windshieldlIO:14Haha^IO:16Allright.There were uh approximately four to five individuals in that truck, so I'mcounting about twelve to fifteen.10:241would say that'safairly accurate assessment so far.10:27 Rogerthat10:29lwant to just be advised Six, Bushmaster Six are getting mounted up right now.10:35 Okay,roger.Hey,we can't fiex down that road towards that, uh,where Crazyhorseengaged.10:43 So, uh,Idon't know if you want us to do so or stay put.Over.10:46 Why can't they go down there710:56Ithink we whacked'em all.10:58 That's right, good10:59 This is HotelTwoSix11:03 Hey you got my dismounted element right there over to your left.11:06 Roger,lsee'em.I L l l H e y yeah, roger, be advised, there were some guys popping out with ARs behind that dirtpile break.ll:19Wealso took some RPGs off, uh, earlier, so just uh make sure your men keep your eyesopen.11:26 Rogerll:27And,uh, Bushmaster ahead are,uh,HotelTwo-Six; Crazyhorse One-Eight.11:33 Crazyhorse One Eight; this is HotelTwo-Six.11:35YeahTwoSix; Crazyhorse OneEight.ll:37Uh,locationIhave about twelve to fifteen dead bodies.11:42 Uh,where else are we taking fire from711:48 Currently we're not being engaged, ah, butjust south ofthat location. Break.ll:55You should see dismounted elements with Humvees moving to the east, over.12:01This is Crazyhorse One Eight; we have elements in sight.12:05 BushmasterThree-Six.12:07 I'm gonna get downaliftle lower.12:09 All right12:101'm gonna come dov^alittle lower and takeaquick gander.12T3 Rogerthat.12:14Six; this is four.We're headed to the area where Crazyhorse engaged.12:26 Bushmaster Six; this is HotelTwoSix.12:28 Request to go to the south to our original BP so ifyoufiushed them to the south we will bethere to uh intercept over.12:39 Hey this is Bushmaster Seven; we're coming up on B...on the ass end ofthe Brads.12:54 Hey uh, Bushmaster Element; this is Copperhead One Six break.13:00 We're moving in the vicinity ofthe engagement area and looks like we've got some slightmovement from ah, the ah van that was engaged.13:06 Looks likeakid.Over.13:llThis is Bushmaster Seven, roger. Uh,we're aboutahundred meters behind you.13:16Got that big pile, to the right7Page^olll3545113:18Roger, you gonna pull in here7 Do you want me to push stuff so you can, uh, get clear ofit713:21Rightonthecorner713:22 What'sthat713:23 Got that big pile ofbodies to the right, on the corner713:24Yeah, right here.13:25 Wegotadismounted infantry and vehicles, over.13:30 Again, roger.13:31And clear.13:48 There's the Bradley right there.13^51 Got'em14:00 Hotel two-six; are you uh at this grid over714:05YeahIwanted to get you around so didn't you just get that one dude to scare them allaway.It worked out pretty good.14:111didn't want those fuckers to run away and scatter.14:12Yeah14:15Bushmaster Six; HotelTwoSix.Roger,we linked up with our two element they are allmounted up in our trucks break.14:23Wemoved south so that we could ah possibly intercept personnel being fiushed south.Sowe are vicinity Fifth Street.14:30 And ah phase line Gadins. Over.14:37 Bring the trucks in, cordon this area off.14:39 Can we move the Bradley forward so we can bring trucks in and cordon off this area.14:44 If the Bradleys could take the south cordon, that could help outalot.14:53 Bushmaster or element. Which Element called in Crazyhorse to engage the eight elemeightmenteamontopofaroof715:02 Bushmaster Six; this is HotelTwoSix.Uh,1believe that was me.15:07 They uh had AR47sand were to our east, so,where we were taking small arms fire.Over.15:20 Hotel Crazyhorse One-Eight.15:26 Crazyhorse One-Eight; this is HotelTwo-Six.15:28YeahTwoSix.OneEightljust also wanted to make sure you knew that we hadaguywith an RPG cropping round the corner getting ready to fire on your location.15:36 That's why we ah, requested permission to engage.15:40 Ok, roger that.Tango mike.15:46 HotelTwo-Six; do you understand me,over715:511did not copy last, uh, you got stepped on. Say again please716:00 They cordoned offthe building that the helicopters killed the personnel on.16:04 Don't go anyvBhere else we need to cordon offthat building so we can get on top oftheroof and SSC the building. Over.16:13HotelTwoSix; Crazyhorse OneEight.16:16ThisisHotelTwo-Six.16:19Hey,whoever was talking about rooftops, know that all the personnel we engaged wereground level.Isay again ground leveh16:27 Rogerlcopy ground level.Over.16:30 One Eight roger.16:33 Canlgetagrid to that one more time please7P^ge^otll3545216:36Target twenty.16:36 Roger16:40You want me to take over talking to them716:42 S'alright16:46 Seven-Six Romeo Over.16:49 Roger, I've got uh eleven Iraqi RlAs.One small child wounded.Over.16:57 Roger. Ah danm. Oh well.17:04 Roger,weneed,weneedauh to evae this child.Ah, she's gotauh, she's gotawound tothe belly.17:101can't do anything here. She needs to get evaced. Over.17:18Bushmaster Seven, Bushmaster Seven; this is Bushmaster Six Romeo.17:20 Weneed your location over.17:25 Roger,we're at the location where Crazyhorse engaged the RPG fire break.17:37 Grid five four five-eight.17:46Well it's their fauh for bringing their kids intoabattle.17:48 That's right17:56 Got uh, eleven.18:01 Yeah uh,roger.We're monitoring.18:02 Sorry18:04 No problem18:07 Correction eight six one-six.18;16Looking for more individualssouth.18:18BushmasterSixBushmaster Seven.18:29 That guy just drove overabody.18:31Ha,ha,didhe718:32Yeah18:37 Maybe itwasjustavisual illusion, but it looked like it.18:41 Well, they're dead, so.18:44 Bushmaster Six; HotelTwo-Six over.18:56 Six; this is Four.Igot one individual looks like he's got an RPG round laying underneathhim.Break.19:05 Probably like to get...19:10Lookatthat19:12 Bushmaster Six; HotelTwo-Six over.19:29 Bushmaster Six; Romeo HotelTwoSix over.19:44 Bushmaster Six; HotelTwoSix over.19:56 HotelTwoSix; Bushmaster Seven co-located with Six.20:08 HotelTwo-Six; Bushmaster Seven.20:10Bushmaster Seven; HotelTwoSix over.20:14Roger,wegotalittle girl who needs to be evaced.What's your location over720:22 On route Gadins,lam all the way to the south. Solam Gadins and Fifth Street.20:28 Isay again Gadins and Fifth Street, over.20:40 Bushmaster Seven; HotelTwoSix.Do you want us to push to your loeation720:55 Hey,uh,lneed to get the Brads to drop radslgotawounded girl we need to take her toRustamyan.21:04 Bushmaster Seven; HotelTwo-Six.Do you want us to move to your location over7P^^e7oIll3545321:30 Bushmaster Six; HotelTwo-Six over.21:34 HotelTwoSix; this is Bushmaster Seven.Roger, come to our location.21:39 Okay,roger,we're moving up north on Gadins and then we will push east to your location.22:06 Bushmaster elements be advised we have friendlies coming from the south to yourlocation.Over.22T3A11 right, got'em moving up ftom the south.22:35 Bushmaster elements be advised we are coming up ftom the east over.23:49 Hey One-Two; follow me over.I'm going to try and get out ofhere as quickly as possible.24:10You guys all right back there724:13Yeah,we're with you.24:35 Lotta guys down there.24:37 Oh yeah24:37 Came out ofthe woodwork.24:38 This is Operation, ah,Operation Secure.25:16Yeah we have fifty rounds left.25:17Yep25T9TwoSix; Six Romeo over.25:21Two Six; Romeo over.25:23 Hey roger,what's your current location over725:47 Six; speak it's Romeo.25:50 Three Six Romeo; Six Romeo over.25:52 Roger, at the six once it's back on this guy.25:56 Lost him.26^00 What's he gotforus726:01 Stand by26:06 HotelTwo Six; Crazyhorse One-Eight.26:21 Hey,did you got action on that target yet over726:25 Speak to Charlie roger.26:32 HotelTwo Six; Crazyhorse One-Eight.26:55 Bushmaster Six; Crazyhorse One-Eight.26:59 Roger, you have traffic over.27:02 Roger.Uh, just wondering if you had anything else you wanted us to drive on727:08 Yeah roger keep on, ah, for the time being over.27:llSix calls Six Romeo.Can you tell battalion that two civilian children casualties are comingback to Rustamyan in the Bradley over.27:26 Six calls Six Romeo.27:29 Bushmaster Six Copper White Six.27:32 Copperhead White Six; this is Bushmaster Six Romeo over.27:36 Roger, that'sanegative on the evac ofthe two, ah, civilian, ah, kids to, ah, rusty they'regoing to have the IPs link up with us over here.Break.IPs will take them up toalocal hospitalover.27:50 Copy over.27:54 One six oh.28:08 Where they're all going to.28:10Sayagain728:12 Where all those dismounts are going to7PageNet 113545428:18Going into this hous.Sorry29:29ThreeSix,Three Six; Bushmaster Six Romeo over.29:37 Six Romeo, Six Romeo.29:39 Roger, Bushmaster Seven wants an up on all personnel in your platoon over.29:44 Roger30:08 ...friendlies on the roof.30:10Crazyhorse One-Eight; this is Bushmaster Four over.30:12 Bushmaster Four; this is Crazyhorse One Eight.30:15Roger,Ican ah hear small arms fire ftom your engagement area at two zero zero zero ahabout three hundred meters ftom that objective over.30:27 Crazyhorse; from whatlunderstand small arms fire at two zero zero zero degrees abouttwo hundred meters.30:39 Just to the southwest.30:41 Yup30:49 Right about where we engaged.30:51 Yeah, One ofthem with that RPG or whatever.30:55 He'sgotaweapon.GotanRR-AR4730:58 HotelTwoSix; Crazyhorse One-Eight.31:02 Gonna lose him.31:03 Crazyhorse One-Eight this is HotelTwo-Six over.31:08 Roger, have another individual withaweapon.31:10Dammit, they're in the same building.31:12 Hey roger that,just make sure that ah, you're firing from west to east over.31:16Justwent in the building.31:18CrazyhorseThree and Four will be on their way.31:21The individual walked into the building previously past grid. So there's at least sixindividuals in that building with weapons.31:30Wecanputamissileinit.31:31If you'd like, ah,Crazyhorse One-Eight could putamissile in that building.31:46 It'satriangle building. Appears to be ah, abandoned.31:51 Yeah, looks like it's under construction, abandoned.31:52 Appears to be abandoned, under construction.31:56 Uh,likelsaid, six individuals walked in there ftom our previous engagement.32:01Crazyhorse One Eight; this is Bushmaster Six Romeo. If you've PlDed the individuals inthe building with weapons, go ahead and engage the building over.32:08 Crazyhorse One-Eight; will be coming up north to south engaging with Hellfire.32:13 All right, I'm going to do manual.32:17Allright,we've been cleared to engage with...32:18This is Bushmaster Six Romeo.Crazyhorse One Eight is going to be engaging north tosouth with Hellfire missiles over.32:24 This is HotelTwo-Six. Roger.32:26 All right, you ready732:27 No, I'm trying to get over to the November.Trying to find the fucking...32:33 This is Bushmaster Six. Has that RPG round been extended already or is it still live, over.32:38 Looks live to me.32:40 Let me know when you're going to fire.PageNet 113545532:44 All right, I'm fucking havingabrain fart. Where's the man advancement732:48 You got one on the clutch on the boftom left on your left door.32:54 Roger let me stand by.32:57 Gotit732:59 No33:03 Allright33:09 Let me just putakilo in there.33:12 0k33:15Gotit733:21 Putakilo in733:22 All right, let me get back.33:26 I'm gonna come around, get some more distance.33:27 Roger that, you're clear.33:33 Got more individuals in there.33:36 You wanna hit from north to south or you wanna go from west to east71don't wanna firewith the friendlies right there, you know.33:41 Yeah, go north to south.33:53 Right, come around, right.33:56 1'mjust gonna put one or two in, ifthey want any more.34:09 Right34:12 Found the missile.34:15Roger, I'll get you in this straight.34:16You're clear.34:171'm firing34:26Targethit34:28 It wasamissile.34:29 Left34:32 You're clear. I'm above you.34:36 Crazyhorse One Eight; was that explosion you engaging over734:38 Crazyhorse One Eight, roger. Engaging building with one hellfire.34:46 Let's come around and we'll clear the smoke. We'll fire one more.34:50 Hey uh,we're going to wait for the smoke to clear.34:52 Yes Crazyhorse One Eight now.We're going to put one more missile into the building.34:57 Yeah,diditah,gointhebuilding71seethewallknockedoutoftheway.34:59Yeah,itwentin.35:01 Bushmaster Six Romeo; this is HotelTwo-Six.Yeah roger, that was Crazyhorse engagingwith one Hellfire over.35:10Yeahroger,IgotaNovemberifyouwant.35:12Fireaway.35:13Youwantustofire735:18Youready735:19Yep35:20 Bushmaster Six Romeo.They are going to engage ah,with one more Hellfire in thatbuilding.35:24 Uhshit,why1dolhaveAPfiashing on there735:47 We're not even going to watch this fucking shit7PagelOofll3545635:49Till next one.It won't come around,Ineedalittle more distance.35:53 Still want me to shoot735:57 You guys, following hot.35:59 Roger36:13You are clear.36:14Roger36:16You going to bring up the missile736:18Roger36:19And firing.36:20 Come down7There you go.36:23 Fire36:24 All right36:28 I've got, ah backscafter.36:30 All right, come around.36:32 Roger36:34 Coming around left, backscatter.36:53 There it goesl Look at that bitch gol36:56 Patooshl37:03 Ah, sweet.37:07 Needalittle more room.37:09 Nice missile.37:11Doesitlookgood737:12 Sweet37:16Uh,youready737:18Roger37:30 There'salot of dust37:36 Crazyhorse OneEight; this is HotelTwoSix.Was thereaBDA737:40 This is Crazyhorse One-Eight.Stand by,engaging with another Hellfire.37:43 All right37:45 You're clear.37:47 Lemme know when I'm clear.37^50 Rogerthat.37:59 Alright, he wasn't38:02 HotelTwo-Six; Crazyhorse OneEight.38:07 Go ahead,Crazyhorse OneEight.38:09 Roger, building destroyed. Engaged with three hellfire missiles.Pagellolll35457IN THE UNITED STATES ARMY FIRST JUDICIAL CIRCUITUNITED STATES DEFENSE MOTION FORv. JUDICIAL NOTICE OFWIKILEAKS PUBLICATION OFMANNING, Bradle E., PFC 9/ll PACER MESSAGESU.S. Army, Headquarters and Headquarters Company, U.S. Anny Garrison, Joint Base Myer-Henderson Hall, DATED: I5 JUNE 2013Fort Myer, VA 222l I RELIEF SOUGHT1. PFC Bradley E. Manning, by and through counsel, moves this court. pursuant to MilitaryRules of Evidence (MRE) 201 to take judicial notice that Wikileaks. on or about 25 November2009, published what it claims are text and pager messages sent on I I September 2911'BURDEN OF PERSUASION AND BURDEN OF PROOF2. As the moving party, the Defense has the burden of persuasion. RCM 905(c)(2). The burdenof proof is by a preponderance of the evidence. RCM 905(c)(1).FACTS3. PFC Manning is charged with ?ve speci?cations of violating a lawful general regulation, onespeci?cation of aiding the enemy, one specification of disorders and neglects to the prejudice ofgood order and discipline and service discrediting, eight specifications of communicatingclassi?ed information, ?ve speci?cations of stealing or knowingly converting Governmentproperty, and two specifications of knowingly exceeding authorized access to a Governmentcomputer, in violation of Articles 92, 104, and 134, Uniform Code of Military Justice (UCMJ)10 U.S.C. 892, 904, 934 (2010).4. The original charges were preferred on 5 July 2010. Those charges were dismissed by theconvening authority on I8 March 2011. The current charges were preferred on I March 201 I.On 16 December through 22 December 2011, these charges were investigated by an Article 32Investigating Officer. The charges were referred to a general court-martial on 3 February 2012.The Defense does not request this Court takejudicial notice of the messages themselves, nor does the Defenserequest this Court take judicial notice that the messages are actually from I I September 200l.5 ll ..4PAGE 0; . 5. The Defense does not request any witnesses be produced for this motion.LEGAL AUTHORITY AND ARGUMENT6. In the interest of judicial economy, MRE 201 relieves a proponent from formally provingcertain facts that reasonable persons would not dispute. There are two categories of adjudicativefacts that may be noticed under the rule. First, the military judge may take judicial notice ofadjudicative facts that are ?generally known universally, locally, or in the area pertinent to theevent.? MRE 201(b)(1). Under this category of adjudicative facts, it is not the military judge?sknowledge or experience that is controlling. Instead, the test is whether the fact is generallyknown by those that would have a reason to know the adjudicative fact. US. v. Brown, 33 MJ.706, 709 (N.M.C.A 1992). The second category of adjudicative facts is those ?capable ofaccurate and ready determination by resort to sources whose accuracy cannot reasonably bequestioned.? MRE 201(b)(2). This category of adjudicative facts includes government records,business records, information in almanacs, scienti?c facts, and well documented reports. Id. Seealso, US. v. Spann, 24 MJ. 508 (A.F.C.M.R. 1987). Moreover, judicial notice may be taken ofaperiodical. U.S. v. Needham, 23 MJ. 383, 385 (C.M.A. 1983)(takingjudicial notice of DrugEnforcement Agency publication). The key requirement for judicial notice under this category isthat the source relied upon must be reliable. Salzburg, Lee D. Schinasi David A. Schlueter,Military Rules 0fEvidence, ?201.02[3] at p. 2-7 (7th Ed., Matthew Bender Co. 2011)7. Under MRE 201(d), a military judge must take judicial notice if the proponent presents thenecessary supporting information. In making the determination whether a fact is capable ofbeing judicially noticed, the military judge is not bound by the rules of evidence. Id.Additionally, the information relied upon by the party requesting judicial notice need not beotherwise admissible. Id. The determination of whether a fact is capable of being judiciallynoticed is a preliminary question for the military judge. See MRE l04(a).8. That fact that Wikileaks published, on or about 25 November 2009, what it claims are textand pager messages from 9/11 is a fact not subject to reasonable dispute.2 The publishing wasreported by media outlets worldwide, both on 25 and 26 November, with outlets such as CNN,CBS News, NBC News, BBC News, NPR, The Guardian, Telegraph, New York Post, New YorkDaily News, and, New York Times all reporting on the release. See Attachment 1. The fact that awide array of reputable news organizations all reported the release by WikiLeaks establishes thereliability necessary for this Court to take judicial notice.9. The requested fact is relevant. Speci?cation 11 of Charge II alleges that PFC Manning,between on or about 1 November 2009 and on or about 8 January 2010, communicated a ?lenamed PAX.zip? to a person not authorized to receive it. During his providence inquiry,PFC Manning indicated he did not begin paying attention to WikiLeaks until after they publishedthe purported 9/11 messages. PFC Manning testified he then began to routinely monitor the2 The Defense has not provided the actual WikiLeaks page on which the text/pager messages were released due tolimitations on visiting this particular website. However, a web search employing Google and the search terms,?9/l 1 test messages,? results in the relevant WikiLeaks page as the top response.2 35459WikiLeaks website. PFC Manning admitted to transferring the file named PAX.zip? toWikiLeaks in late March 2009. It is clear from Speci?cation 1 that the Government believesPFC Manning?s relationship with WikiLeaks began in early November 2009. The fact that PFCManning did not begin monitoring WikiLeaks until after the site published the purported 9/ 1messages, coupled with the fact that WikiLeaks published the aforementioned in late November2009 makes it less likely that PFC Manning began communicating with WikiLeaks in early2009. As such, the date WikiLeaks published the purported 9/ 1 messages, is relevant.CONCLUSION10. Based on the above, the Defense requests that the Court to take judicial notice of therequested adjudicative fact.Respectfully SubmittedJO UA J. TOOMANCPT, JADefense CounselI certify that I served or caused to be served a true copy of the above on MAJ AshdenFein, via electronic mail, on 15 June 2013.HUA J.T OMANCPT, JADefense CounselENCLOSURE 1BBC News - Website Wikileal^" publishes '9/11 messages'Page 1 of 135461Page last updated at 00:39 GMT, Thursday, 26 November 2009E23 E-mail this to a Friend3 Printable versionWebsite Wikileaks publishes ' 9 / 1 1 messages'A website has published w h a tit says are 573,000 interceptedpager messages sent duringthe 9 / 1 1 attacks in t h e UnitedStates.Wikileaks says it will not revealwho gave it the messages - someof which are from federal agenciesas well as ordinary citizens.The messages were said to tiave tInternet analysts say they believe sent on 11 Septeinber 2001the messages are genuine butfederal authorities have refused to comment.The attacks on 11 September 2001 left nearly 3,000 people dead.The messages are being published over a 24-hour period, ending at0800GMT on Thursday. They are being released simultaneously onWikileaks and social networking site Twitter.Live' broadcastThe website is broadcasting each message at the time it was sentoriginally in 2001.The first message was from 0300 local time (0800 GMT), five hoursbefore the first attack in New York and the last 24 hours later.The messages are not all about the attacks. Some are mundanequestions about what people are having for lunch.However, many are about the deadly plane attacks and range frompeople trying to find out if their loved ones are safe, to governmentmessages, to computer server errors.They include messages such as• This is Myrna, I will not rest until you get home, the second tower isdown, I don't want to have to keep calling you after every event.Pis just go home• President has been rerouted won't be returning to Washington butnot sure where he will go• BoiTib detonated in World Trade Ctr, Pis get back to Mike Brady w/aquick assessment of your areas and contact us if anything isneededNew York's fire and police departments said they could not commenton whether messages purportedly sent from them were genuine whilethe US Secret Service refused to comment.Pager company USA Mobility said it was troubled by the allegedinterceptions, the Associated Press news agency reported,Wikileaks allows people to anonymously post documents on the web,saying its aim is to promote transparency.It was created in 2006 by dissidents, journalists, mathematicians andtechnologists from the US, Taiwan, Europe, Australia and South Africa,Wikileaks spokesman Daniel Schmitt said the messages weresubmitted anonymously to the site several weeks ago.He told Associated Press: "From the context information that thesource provided we have strong reasons to believe that this is validdata,"He said the messages would help provide a fuller picture of whathappened that day.http://news.bbc.co.uk/2/hi/8379960.stm3/18/2013Page 1 of 135462cmBloa Of The NationWikiLeaks Releases Private 9/11 Text Messagesby SCOTT CAMERONNovember 25, 2009 3:41 PMWikiLeaks usually posts classified government documents, but today they're posting anarchive of text messages sent and received on September 11, 2001,Beginning at 3am this morning and continuing until 3am Thursday, the messages are beingreleased synchronized to the time of day they were originally sent. It's a fascinating and oddlygripping glimpse at regular life that morning, and then the unbelievable chaos that ensued.In the archive, you'll find everything from reminders to bring home groceries after work to tonews updates on the attacks to pleas from a loved one to call home with news of theirwhereabouts. You'll also find what appear to be text ads, and automated communicationsfrom computers and servers. The full archive will be available tomorrow, in the meantimehere's a sample of the messages posted (with emails and phone numbers removed);2001-09-11 09:30:54 Skytel [004678448] A ALPHA THE WORLD TRADE CENTER WASHIT BY TWO PLANES, TURN ON THE T,V, IF CAN, PS,,, THE FURNITURE ARRIVEDAND LOOKS GREAT, IRIS2001-09-11 09:49:16 Skytel [004694769] A ALPHA Joanna,xxxxxxxx@xxxx,xxx,xxx,xx||All Troopers please be on standby for deployment, Capt, Delaney2001-09-11 10:55:06 Arch [1146801] A ALPHA I am now calculating how much mo2001-09-11 10:55:08 Arch [1146801] A ALPHA ney I am going to collect from your lifeinsurance policies because,,if you don't call me now!! to tell me you're not dead, I amgoing to kill you! []2001-09-11 11:13:17 Arch [1146801] A ALPHA Please call me I am panicking, I amstarling to make your funeral arrangements.The full archive will be available at http://911,wikileaks,orgSeptember 119/11wikileaksolderHappy Thanksgiving, BOTN Readers!newerAwkward Thanksgiving MomentsAbouthttp://www.npr.org/blogs/talk/2009/l l/wikileaks_releases_private_91 l.html3/18/20139/11 re-enacted: Wikileaks pu^""shes September 11 pager messages | W~"ld news | guardi... Page 1 of 235463t h e g U a r d i a nprinting sponsored by:KodakAll-in-One PrintersNEWSI,9/11 re-enacted: Wikileaks publishesSeptember i i pager messagesWhistleblowing website publishes 'intercepted' texts in orderofficials and witnesses sent them'riu' Wikik'iiks wolxsite is puliH.shitii; pager mcssigw .senI on the diiy by q/u witnesses, i'lioti)i'.i aph; C iraiiani.M()iTisou,/.\rThe unfolding secret story of the 9/11 attacks on the World Trade Centre and thePentagon is being told today when more than 500,000 intercepted pager messages,many from US officials, are published online in the order in which they were sent.The mass live leak began at Sam GMT and will continue for 24 hours until all of themessages are seen as they were sent on September 11.The experiment by whistleblowing website Wikileaks includes pager messages sent onthe day by officials in the Pentagon, the New York police and witnesses to the collapse ofthe twin towers.Wikileaks said the messages would show a "completely objective record of the definingmoment of our time".It added: "We hope that its entry into the historical record will lead to a more nuancedunderstanding of how this tragedy and its aftermath may have been prevented."The post said the release of the messages at times corresponding to when they were sentwould help "foster a deeper understanding".A preview of some of the messages to be leaked suggests they show how panic andrumour began to spread on the day, and are likely to fuel conspiracy theories about theattacks.http://www.guardian.co.uk/world/blog/2009/nov/25/september-l 1 -wikileaks-pager-messag... 3/18/20139/11 re-enacted: Wikileaks pu^'-'^hes September 11 pager messages | W"-'d news | guardi... Page 2 of 235464One message from a New York City official sent just minutes after the first attack said:"WTC has been hit by an airplane and a bomb." Another says: "It's reported that a USmilitary' helicopter circled the building then crashed into or next to the Pentagon." Laterin the day, a message presciently says: "We are bombing Afghanistan."One message from a witness reads: "Still in my apt, nowhere to go ... This is the end ofthe world as we know it."Wikileaks would not reveal the source for the leak, but hinted: "It is clear that theinformation comes from an organisation which has been intercepting and archiving USnational telecommunciations since prior to 9/11.Wikileaks has a good track record in releasing authentic official documents, but itswebsite tends to get overloaded at busy times. It is encouraging readers to follow theleaks on Twitter.PreviousBlog homeM o r e f r o m the G u a r d i a n \\'hM'sihi?? 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All rights reserved.http://www.guardian.co.uk/world/blog/2009/nov/25/september-l 1-wikileaks-pager-messag...3/18/20139/llpager messages revealed telegraphPagelof2354659 / i i pager messages revealedAn activist group has begun posting 573,000 pager messages purportedly sent on theday of the September 11 attacks.Reith lecturer Dame Eliza Manningham-Buller will consider the lasting significance ofthe 9/11 attacks. Photo: AP12:14PM GMT 26 Nov 2009Wikileaks said some of the messages were sent by federal and local officials, but most appear tobe from ordinary people, including frantic New Yorkers trying to reach loved ones in andaround the World Trade Center.From "Second World Trade Center tower collapses" to "I'm ok & loveyou..xoxoxoxoxoxoxoxox" they relive the anguish and emotion ofthe day.Among the messages are "DO NOT GET ON THE PATH TRAIN...THE WORLD TRADECENTER IS ON FIRE"; "President has been rerouted wont be returning to Washington but notsure where he will go"; "THIS IS MYRNA, I WILL NOT REST UNTIL YOU GO HOME,THE SECOND TOWER IS DOWN, I DON'T WANT TO HAVE TO KEEP CALLING YOUAFTER EVERY EVENT. PES JUST GO HOME."Some are unrelated to the terrorist attacks, such as: "Paul, Jerry and I feel that we can expectaround 200 people for the Pig Picking. Call if you want to. Keith"Wikileaks says its goal is to promote transparency by putting leaked documents online. Itsrepository includes manuals, lawsuits and numerous government documents.Daniel Schmitt, a Wikileaks spokesman in Berlin, said the pager messages were submitted to thesite anonymously several weeks ago."From the context information that the source provided we have strong reasons to believe thatthis is valid data," said Mr Schmitt.He said publishing the messages "is one more building block to getting a full picture of whathappened on that day." He noted that none of the messages appear to lend credence tohttp://www.telegraph.co.ukynews/worldnews/northamerica/usa/6660728/911-pager-messag... 3/18/20139/11 pager messages revealed - '^elegraphPage 2 of 235466conspiracy theories that suggest the US government was behind the attacks or had advanceknowledge of them.New York City's police and fire departments said they could not confirm that any ofthemessages were actual department communications. The Port Authority of New York and NewJersey, the US Secret Service and the Federal Emergency Management Administration declinedto comment on the messages.Most of the pages come from three companies.Among them, USA Mobility Inc., which merged Arch and Metrocall systems in 2004, issued astatement on Wednesday saying it was "troubled to learn that paging messages, includingcommunications involving government officials, appear to have been intercepted and publiclydisclosed in clear violation of federal criminal law.""We hope and expect that persons who engage in unlawful electronic surveillance will beapprehended and prosecuted to the fullest extent of the law," the statement said.Read the latest on the September II attacks.© Copyright of Telegraph Media Group Limited 2013http://www.telegraph.CO.ukynews/worldnews/northamerica/usa/6660728/911-pager-messag... 3/18/2013The 9/11 texts - NYPOST.comPage 1 of 935467lUMiWThe 9/11 textsLast Updated: 11:38 PM, November 26, 2009Posted: 2:48 AM, November 26, 2009The following poignant, terrifying, hopeful and desperate text messages are justsome of the more than half-million that were sent to people's pagers on Sept. 11,2001.They were released yesterday by the Web site WikiLeaks.READ ALL OF THE 9/11 TEXT MESSAGES HEREThese messages -- a real-time account of the 9/11 terror attacks and their effectaround the nation - are "a completely objective record ofthe defining moment ofour time," said WikiLeaks, which did not disclose how it acquired the archive oftexts during the entire 24 hours of that fateful day."We hope that its revelation will lead to a more nuanced understanding of theevent and its tragic consequences."08:50:25 A plane crashed thru the twin towers. Real bad..BR08:51:37 THE WORLD TRADE CENTER HAS JUST BLOWN UP, WE SEENTHE EXPLOSION OUTSIDE OUR WINDOWS. TERESA...08:54:27 LARRY, CALL BRIAN. WANT TO KNOW IF OUR MEN ARE OKAY,SAW A PLANE HIT BLDG.08:56:37 From: Gross, Kate (Exchange)- holy s—! a plane just hit the top of theworld trade center!09:00:39 HI IT'S NANCY CALL ME. I WANT TO KNOW IF YOU'RE OKBECAUSE OF THE PLANE THAT HIT THE TWI09:01:20 ade center damaged; unconfirmed reports say a plane has crashed intohttp://www.nypost.eom/f/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013The9/lltexts-NYPOSTcomPage2of935468tower MARSH AND NYMEX IMPACTED09:01:53 Plane crash into WorldTrade Center All MTAPD midnight units beingheldoverMTAPDCommCtr(1/1)09:03:48 PLEASE GIVEARIELACALL RE: CASUALTIESATTHEWORI^DTRADRCTRAIRPLANE CRASH09:04:37 PLEASE CALL YOURFATHER^STAT,AT,PAGER ^2209:04:39 YOUR SISTER dOESAWTHE NEWS AND WANTTO KNOW IFYOUARE OKAYPLEASE CALL MEATWORKANOLEAVEAMESSAGEIFIAMNOTATMYDESK09:04:57 CAN YOU CALL MOMATHOME09:05:33 PLANESdUSTHITTHE WORLD TRADE CENTER WITHIN15MINS!IT'S HORRIBLE09:05:381am on Wall StreeLAplane just crashed into theTwinTowers This ishorrible GerryGenna WorldCom Conferencing 200109:05:48 PLEASE CALL M E A S A P I N E E D TO KNOW IFYOU ARE O K ^ELLEN09:05:52 it'saDELIBERATE attack asecond plane just flew into the secondtower09:05:55 CHECK THE NEWS TWIN TOWERS BEING DESTROYEDCAROLYN09:05:55 PLEASE CALL YOUR WIFEATHOME RIGHT AWAY09:08:03 PLEASE CALL ME UPSTAIRS ASAP LORI09:08:03 WEAREOKAY^BUTPLSCALLKAREN 200109:08:14asecond plane crashed into theothertower!!!! Something doesn't seem^ighthttp://www.nypost.eom/t/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013The9/Iltexts-NYPOSTcom09:08:31 airplane just crashed into theworldtradecenterFhugeerfirePage3of935469huge hole and09:08:18 From KathyBauman: Are you watchingTV7 World trade Center blowingup709:08:27 PLEASE CALL ME ASAP LO^E,KERRI09:08:35 ANOTHER PLANE HITTHE OTHER TOWERCALL ME BACK09:08:57 2AIRPLANES HAVE dUST CRASHED INTO THE WORLD TRADECENTERPLEASEBECAREFULCALLMEWHENYOUCAN YOURWIFE09:09:37 Please call melneed to know where you are!09:09:48 YOU SHOULD HEAD UPTOWN TO GET AWAYFROMTHEAREAIFYOUWANT,GOTOYOURAUNT'SKAREN09:15:10CodeYELLOWineffect Situation Room is open Only Duty Officers toreporL09:15:37 Ross^ you are to report to the office ASAP Buddy two plane crashes inNY09:15:38 Hey Honey! Can you bring some bagels when you get back7 The porkchop is now crying about the WorldTrade Center plane crash Gee^! It is scarybut no reason to cry Talk to you later!llove you!09:15:39 nyc air space apparently closed; dunno about phil 200109:15:59 Iburse pis call laureeasap^want to make sure everyone there is okay!!!09:18:03 CALL YOUR HUSBANDATHOMEIT'S AN EMERGENCY09:18:39 ws is saying that itwasa737thatwas reported hijackedDon'tknowabout the other one09:18:40 Victor, What'sthestatusontheWTCguys7Didallmakeitout7 Pleasecall^let us know! Diana09:18:55 two planes have crashed into the qorld trade center where are you arehttp://www.nypost.eom/t/print/news/national/pager_messages_reveal_eonfusion ebEiFNE... 3/18/2013The9/lltexts-NYPOSTeomPage4of935470you okay 455^5 Marie09:18:57 A R E Y 0 U 0 K 7 PLEASE EMAIL OR CALLWHATFLOOR IS dOSH0N709:17:01 HAVEUHEARDABOUTTHEATTACK ON THE WORLD TRADECENTER7 EDWARDS 200109:17:07 WANTTOKNOWTHATYOU'REALRIGHTIHEARD ABOUTTHEPLANE HITTING THE WORLD TRADE CENTER 200109:17:37 Frm:Neil^Sally Braid Sub: WorldTrade CenterTxt: Can you believe it!isn't it horrible09:17:38TheWorldTradeCenterhas been severely severly damaged by2airplanes that flew into it from opposite sides! Both towers are on fire!!09:17:44Whatthe hell is happening upthere7777 Planesgonebe^erk77709:19:29 TURN ONYOURRAIDIO THE WORLD TRADE CENTER HAS BEENBOMEDTANYA09:19:42ICAN NOT GETTHROUGH ON THIER CELLPHONE TO CONTACTANY OF THEM PLEASE CALL OFF09:20:38 PLEASE CALLAUNT MARY,I'M WORRIED ABOUTWHATHAPPENED DOWNTOWN09:20:44 US military has go toahigh level DEFCON alert Fighter aircraft havebeen scrambled09:21:01 CALL MEILOVEYOUdACKIE09:21:03 The Pentagon is saying it isaterrorist attack This s isn't funny atALL!!!!ldon't like that you were on American Airlines^have to fly back on iLTheywill beef up security at A/Anow!!jen09:24:05 Frm: IPN Sub: NewYork City TxL2Large Aircraft have struck the WorldTrade Centers.Very Heavy Fire CondATT.PossHidackedAirecraft09:24:14 A R E Y 0 U 0 K 7 l d U S T W A N T T 0 MAKE SUREWHENYOUGETTHIShttp://www.nypost.eom/f/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013The 9/11 texts - NYPOST.comPage 5 of 935471MESSAGE PLEASE CALL ME - OKHEE, 516...09:24:40 Joe Conti is safe, only one confirmed thus far. He had not arrived towork. He is trying to contact others, we will keep trying. Perry09:24:42 Bush just found out about attack! Cutting vacation short! Markets will notopen for now.09:24:44 "Katya Petrova" Are you watching the news???? World TradeCenter???? It' horrible!09:30:20 I am OK, I heard the plane and then I heard it hit. I called you at home;wait till you hear my message...thank you for calling me!09:30:28 Bush now talking! I hope your are able to watch!.09:31:05 JUST HEARD THE NEWS ON THE RADIO. CALLING TO MAKE SUREYOU ARE OK. WASN'T SURE HOW FAR YOU09:31:18 PLS CALL HOME AS SOON AS YOU GET IN. LOVE, NANCY.09:31:33 Bush is talking now. He confirms the terrorist attack. Moment of silencenow.09:31:35 GLAD YOU'RE OK!!09:31:35 Basically, I had a deep, deep pain in my stomach today and I get thepremonition that something was going to fall out of the sky or a brick would fallfrom a bidg.09:31:55 MERRILL LYNCH PEOPLE IN FRONT-GU09:32:33 they just said an AA jet was hi-jacked from Boston09:32:37 PLEASE CALL ME AND LET ME KNOW YOUR OK, I AM AT HOME. ILOVE YOU. SUNSHINE09:32:38 2 planes crashed into the wtc in nyc. unreal, i was watching the first onewhen the second one crashed, i am on a plane to atlanta now. see ya laterhttp://www.nypost.eom/f/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013The 9/11 texts - NYPOST.comPage 6 of 935472Anisha15709:32:48 (1/1) COMMUNICATION CENTER STARTING TO EXPERIENCESOME PHONE PROBLEMS. // CC09:32:57 Howdy, Just to let you know... 2 planes have apparently, crashed intoboth towers of the World Trade center on purpose. Dont know anything else, theweb is overloaded with people trying to find out. CDE09:33:39 URGENT !! IT'S TIM, I'M OKAY. CALL ME AT HOME, , I WASOUTSIDE THE BUILDING WHEN IT E09:33:40 Legacy Hot: The S. Tower is evacuating due to the plane crash. Bus.Impact: Some toll free traffic is being rerouted. Calls to the S. Tower is getting fastbusy. The GCSC is still investigating09:33:46 All NYCTOS personnel meet at the baseball field near the EmbassySuites09:33:50 Someone heard on the radio that they shut down the Holland & LincolnTunnels. He thinks they may have shut down the city. Good luck getting09:33:55 Jack, It's Naomi...please tell me you're okay!!!!09:34:20 FAA ATC Advised That all IFR AIR Traffic in the United States has beenstopped09:34:42 URGENT! I NEED A LIST OF ANY MERRILL LYNCH EMPLOYEES INTHE WORLD TRADE CTR FROM THE EMPLOYEE ACCTING SYSTEM,IMMEDIATELY! THE LIST MUST GO TO TOM MILLIGAN TRISHA ZELLNER,.PLEASE CALL ME TO CONFIRM!09:34:53 STEP SON IS IN THE BULIDING. -MARY,.09:35:37 TERRORIST ATTACK ON WORLD TRADE CENTER IN NY. 2 PLANESFLOWN INTO BUILDING. A HIGHJACKED PLANE LOADED WITH PEOPLE IS 1OF THE PLANES. AWLFUL LOVE MOM09:35:42 Complete Ground Stop. . No aircraft are to leave the ground. . thanks. ..janishttp://www.nypost.eom/f/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013The9/lltexts-NYPOSTeomPage7of93547309:40:01 WE EVACUATED OUR BLDG,lAM GOING TO SUSAN'S APT,LOVEYOU BRIDGES AND TUNNELS ARE CLOSED AND ALLAIRPORTSAREALSONOT OPEN,ANDIAMNOTFLYING09:40:14AII house staffmustkeeppagerson all daytoday and tonightand beprepared to come in to the hospital if needed09:40:35 Lower Manhattan Subway service suspended Downtown and municipalworkersbeingevacuated MTAPD Command Center established09:55:06 PLEASE CALL YOUR DAUGHTER, IMMEDIATELY10:50:03 Call me i f u c a n i m scared!!10:50:16 FYI; CITY HALL IS LOCKED DOWNCOME/GO FROM CITY HALL GBLPROPER'ID'IS REOUIRED TO10:50:29 JIMELLISAUNTMARCELLAYCANNOTREACH YOUR SISTER INNEWY0RKHAVEY0UTALKEDT0HER7P/CMEASAP10:50:54 FWDfromSDiederich: stay home due to terrorist attacks around ourcountry Do not go todowntown10:50:55 everywhere shut down. cra:^y! hope you all made it okay Just try to letus know all is well with you mom10:50:57 Let's do our best to stay focused on our mission, notwithstanding thismorning's tragic events The objective of terrorists is to both destroy and disrupLMassive destruction isafacL10:51:01 my boss sent me home to cover the firehouse I'm here now, but only theSeagrave is in service11:00:00 the only thoughtsihave of are of nicholas,ian and you iam terrified ineeded to tell you thatitruly love you11:00:03 If you haven't already heard, don't bother coming into work they aresending us home Scott11:00:13 UnitedAirflightjustcrashedatCamp David So now, we have2hijacked planes that took down theTrade Center,plane down at the Pentagon,firehttp://www.nypost.eom/t^print/news/national/pager_messages_reveal_eonfusion_ebEiFNE... 3/18/2013The9/lltexts-NYPOSTeomPage8of935474near the West Wing, and car bomb in front of State dept in DC It's scary!11:32:56 Ifldonothearfrom you by High Noon,lam going to pick Laura upatschool and tell her her Father is dead.11:34:07 Cathy is fine,ifUdidn't get chance to call her yeLTed called heron trainand she turned right around and leftbacktoNJEND11:51:52 HEY JIMMY ITS MEIJUSTWNATED TO LETYOU KNOW IM OKIWASAWAYFROMMYWORKITHINKTHE EVACUATED THE BUILDING12:30:24 sweichmary,ihope you are ok and that yourfamily and friends are safewe'rethinkingofyou let me know ifican do anything for you shannon13:30:09 Jerry, in light of all that has happened, we need to know if you are OK,andifyoursurgurywasdoneorpostponed Thanks Rodger14:02:41 I'm have been trying to call and cant getthroughCall me i f y o u c a n ijust want to make sure you are ok llove you di14:03:50Thankyoudarlin',Man w h a t a m e s s l w a s just trying to make sureyou're ok .worried, because of the business you're in14:03:54Tom,lhave some instructions foryouaboutflying the flag at half staffSusan17:05:54:() I'm so happy you are fine and same time I'm verry shocked DearHaven't thought something like this happens that easy and fast But know Dear I'mhere o k 7 a n d i m i s s you everytime:()SeivorsichtigDear:() love you D e a r : ( ) :17:20:30 Honey wanted to tell you how muchilove you IwasalittleworriedlDon'twantto lose you nowthatlgotyoubackYou mean everything to m e Y o uhave my whole heart and life llove you so muchhttp://www.nypost.eom/f/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013The 9/11 texts - NYPOST.comPage 9 of 935475NEWYORK POST is a registered trademark of NYP Holdings, Inc.nypost com , nypostonline,com , and newyorkpost,com are trademarks of NYP Holdings, Inc,Copyright 2013 NYP Holdings, Inc, All rights reserved. Privacy | Terms of Usehttp://www.nypost.eom/f/print/news/national/pager_messages_reveal_confusion_ebEiFNE... 3/18/2013Thousands of 9/11 messages r-'-ased, providing 'real-time' reminder o^'^-'TC horror - NY... Page 1 of 235476DAILY NEWSNew YorkThousands of 9/11 messages released, providing'real-time' reminder of WTC horrorBY JOHN LAUINGER / DAILY NEWS STAFF WRITERWEDNESDAY, NOVEMBER 26, 2009, 11 22 PMiiattan ai. the j.econcl of the twin lowers of.tlte Wortd Tiade Center collapses onSept. 11. 2001More than half a million electronic messages sent on 9/11 were leaked onto the Internet Wednesday providing a chilling "real-time" reminder of the terrorist attacks.The intercepted dispatches were released on the Web site www wikiLeaks org in a minute-by-minute formatdesigned to re-create the order in which the messages were sent that terrible day.Many ofthe messages were sent by emergency responders from the Pentagon and New York. Others werethe frantic efforts of distressed onlookers to contact their loved ones.One official sent this message at 9:11 a.m.: "Chief, 2 planes have struck the World Trade Center,..the newssays terrorist attack...both buildings have heavy smoke showing on multiple upper floors,"Another official wrote: "We need all available personnel to report to the station and be prepared to stay for awhile.""Will try to pull together the info from our affiliates," another communication read "Have not been able tomaintain connection w/FDNY audio."Several messages from panicked relatives were gut-wrenching to read.RELATED: LUPICA: GIANTS' TRIP EVOKES 9/11 MEMORY"Daddy, it's your daughter. Call me," one person wrote. "Let me know everything is okay."Another person wrote at 9:50 a.m.: "Can't reach you by phone....Be safe. Love you more than ever.""Greg, I hope you are ok? Please give me a call to make me feel better," someone named Damarif wrote at11:05 a.m. "I am worried about you."http://www.nydailynews.com/new-yorkythousands-9-l 1-messages-released-providing-real-... 3/18/2013Thousands of 9/11 messages *• '"ased, providing 'real-time' reminder o^^'^^/TC horror - NY... Page 2 of 235477WikiLeaks did not disclose how it obtained the intercepted messages, which it began releasing at 3 a m.yesterday. By early evening, the site reported it was "overloaded by global interest"WikiLeaks, which has no formal relationship to the online user-written encyclopedia Wikipedia, provideswhistleblowers and journalists with a portal for "untraceable mass document leaking." It has published lawsuitsand various government documents.The site defended its decision to release the sensitive messages."The archive is a completely objective record of the defining moment of our time," a statement on the site read."We hope that its entrance into the historical record will lead to a nuanced understanding of how this event ledto death, opportunism and war."jlauinger@nydailynews.comARTICLES AND OFFERS FROM AROUND THE WEBObama knows ofan event set tooccur in 2015 thatcould propel himinto a ThirdTerm...Alexandria : Newtrick allowsVirginia drivers toget autoinsurance as lowas $9Virginia- Thissimple devicecould stop yoursnoring andprevent healthproblems...Acli/ortisementMyrtle Beach onsale. Save withroom rates from$44 per night &package specialsat select resorts.Virginia:Residents qualifyto become debtfree with newprogram availablein 2013.http://www.nydailynews.com/new-york/thousands-9-l 1-messages-released-providing-real-... 3/18/2013Web site posts what it says are ^•'If million text messages from 9/11 - C^'N.comPage 1 of 435478Web site posts what it says are half million text messagesfrom 9/11 - CNN.comBy Jeanne Meserve and Mallorij Simon , CNNCNN.COmThis CNN feature Is cptimzed forAdobe Flash Player version 9 or hignerInstall flash player(CNN) — Newly released text messages reportedly from the morning of September i i , 2001,show panicked family members trying to contact loved ones and officials frantically trying tograsp what was happening.More than half a million messages, released by whistleblower site Wikileaks, reveal thepanic, horror and pain of what happened that morning in the words of those whoexperienced it.On September 11, 2001,19 hijackers commandeered four commercial jetliners, loaded withfuel for cross-country flights. Two were flown into the World Trade Center's Twin Towers inNew York, one crashed into the Pentagon, and another, headed for an unknown location,crashed in Pennsylvania when it was disrupted by passengers.A total of 2,976 people — not including the hijackers — were killed in the attacks.Some people witnessing the attacks reached out to loved ones out of fear there might havebeen more attacks coming and they might die."The only thoughts I have are of Nicholas, Ian and you," read one text message. " I amterrified. I needed to tell you that I truly love you. always, diane."" I want to hold you now," one text message a minute later reads." I know you have a new relationship and do not care about me. Butjust in case anythinghttp://cpf cleanprint.net/cpf/cpf?action=print&type=filePrint&key=cnn&url=http%3A%2F... 3/18/2013Page 2 of 4Web site posts what it says are '"'If million text messages from 9/11 - C^^N.com35479happens know I love you hon. Missed Ya good bye."The first indication of a problem comes at 8:50 a.m., five minutes aft.er the first plane hit theWorld Trade Center."An aloha call is starting. This is for a fire at 2wt..."AnothertextmessageVideo; g/ii text messagesreferences "a bomb detonation" in the World Trade Center and asks recipients of themessage to report back assessments of their areas.A minute later, firsthand reports started flooding in."The world trade center has just blow up, we seen the explosion outside our windows.Teresa ..."At 8:53 a.m. a message from the New York Police Department's operations divisionmobilizes officers toward the World Trade Center, telling them to meet at Church and Vesseystreets.At 9:03 a.m. the second plane hit the World Trade Center."It's a deliberate attack ... a second plane just few into the second tower," a message said 52seconds later.By 9:25 a.m. the personal messages have grown more frequent and more frantic.Companies begin sending out messages asking for head counts on all employees.People begin sharing reports of what they are seeing and hearing on TV,D including earlyreports of people jumping from the World Trade Center.http://cpfcleanprint.net/cpf/cpf?action=print&type=filePrint&key=cnn&url=http%3A%2F... 3/18/2013Web site posts what it says are '--"If million text messages from 9/11 - C^^N.comPage 3 of 435480Family members panicked, struggling to get through jammed phone lines to find out if theirloved ones were OK.9:25:40 a.m."Please call my work as soon as you get in the office. Need to know you're safe."9:29:38 a.m."Wondering where you are. Are you okay. Give me a call back asap. I just need to know thesethings. Even if it's collect. Call me. Darryl"11:32:56 a.m."if i do not hear from you by high noon, i am going to pick laura up at school and tell her herfather is dead.""goodbye my sweetyim going to miss yo," another said."Honey wanted to tell you how much i love you," one sender wrote. " I was a little worried. IDon't want to lose you now that I got you back. You mean everything to me. You have mywhole heart and life. I love you so much."Some texts brought relief"My dad survived! I got a call from stepmom's coworker saying my dad is alive, although thatis all the info I have. I do not know if he is injured or unscathed.""Abroer's father is alive," one text proclaims, "survived WTC collapse. I am trying to contactfamily members to find out more.""urgent. It's tim. I'm okay. Call me at home...i was outside the building when it exploded, buti'm fine."Others have to wait and worry. Numerous messages simply read: "Are you okay?" "Whereare you?" or "CALL ME NOW!""pete is ok. He can't find his brother who works in the world financial center next to thetrade center " one message read.The messages also give insight to the federal government's scramble to evacuate buildings,bases and high-level officials."Jim: DEPLOY TO MT. WEATHER NOW! Tom" reads one message, referring to MountWeather, the underground bunker where high-level officials are taken in a nationalemergency and a command facility for the Federal Emergency Management Agency.http://cpfcleanprint.net/cpf/cpf?action=print&type=filePrint&key=cnn&url=http%3A%2F... 3/18/2013Web site posts what it says are ' "If million text messages from 9/11 - C'N.comPage 4 of 435481Amessageatio:24 a.m.appears to show authorities working to secure the first family."TWINKLEANDTl^R^AREACC01^NTEDF0RANDSAFE,"themessagesaysTwinkleandTurquoise were the code names used forthen-presidentCeorgeW.Bush'stwindaughters Jenna and Barbara.Atio:32amaSecret Service messagesaid"AN0NYM01^SCALLT0J0CREP0RTIN0ANCELISTAROET" —referring toacall to theJointOperation'sCenterreferingathreatmade againstAir Force One, which usedacode name of Angel.Amessage from FEMA at 12:37p.m.notes "we have no mission statements yet."Amessage from the Secret Service'sNewYork field office sent conflicting messages aboutwhere agents should report.The messages also frantically pass along reports of more attacks. Some turned out to berumors, others real.Rumors were rampant:"There isahijacked plane circling dulles airport. Please call me!""unconfirmed reports ofplane crash at camp david now.""think one more plane may have been hijacked and headed toward the capitol building...notsure."Wikileaks says it has verified some of the texts and says they all appearto be authentic." I fully understand that this is very emotional material, but this does not mean thatthis isnotpartofourhistoricrecord,"saidspokesman Daniel Schmitt."And from the publishing perspective ofthe Wikileaks perspective, that is what counts.Weare helping to maintain an uncensorable part of this day'srecord in more detail than hasever been provided before."Wikileaks will not say if the source was in government, law enforcement, industry or wasaprivate citizen with the capability to intercept messages.© 2013 Cable News Network. Turner Broadcasting System, Inc. All Rights Reserved.http://cpf cleanprint.net/cpf/cpf?action=print&type==filePrint&key=cnn&url=http%3A%2F... 3/18/2013Egads! Confidential 9/11 Page- ^Messages Disclosed - Taking Liberties ^BS NewsPage 1 of 335482Egads! Confidential 9/11 Pager Messages Disclosed7 Shares 7Tweets 7Stumble 7Email' More84 Comments(AP)As the World Trade Center and Pentagon were ablaze on September 11, 2001, the U.S. Secret Service's presidential protective detail was informed thata "Korean airliner has been hijacked" en route to San Francisco, prompting already-skittish agents to worry about another wave of terrorist attacks.That morning and afternoon, Secret Service agents assigned to protect the president and his family found their pagers constantly buzzing with alertsboth true and false. There was a false alami about a car bomb in downtown Washington, D.C, a report of "two Arab males detained" after asking fordirections to the presidential retreat at Camp David, and reassurances that "Twinkle and Turq" — code names for the Bush daughters — were safe andaccounted for.This unusual glimpse into the events of 9/11 comes from messages sent to alphanumeric pagers that were anonymously published on the Internet onWednesday. The pager transcripts, which total about 573,000 lines and 6.4 million words, include numeric and text messages also sent to private sectorand unclassified military pagers.It's impossible to tell whether the logs have been faithfully reproduced in their entirety. But there's evidence they have been: 1 spoke to three journalistsworking on September 11, 2001 whose correspondence appeared in the logs or who were familiar with the messages circulated in their newsrooms thatday. All three say the logs appear to be legitimate.This trove of messages is likely to become a boon for historians, a new source of concern for privacy advocates, and, depending on the details, a pointof embarrassment or pride for the government agencies and corporations whose internal conversations have been divulged. The files were posted onWikiLeaks.org, which has made a speciality of disclosing confidential documents and hoasts that it is "uncensorable."One string of messages hints at how federal agencies scrambled to evacuate to .Mouiil Weather, the government's sort-of secret bunker buried under theVirginia mountains west ofWashington, D.C. One message says, "Jim: DEPLOY TO MT. WEATHER NOW!," and another says "CALL OFICE (sic)AS SOON AS POSSIBLE. 4145 URGENT." That's the phone number for the Federal Emergency Management Agency's National ConlliiuiuI'ro.urams Directorate — which is charued with "the preservation of our constitutional form of government at all times," even during a nuclear war. (A2006 article in the U.K. Guardian newspaper mentioned a "a traffic jam of limos carrying Washington and government license plates" heading toMount Weather that day.)FEMA's response seemed less than organized. One message at 12:37 p.m., four hours after the attacks, says: "We have no mission statements yet." BillPrusch, FEMA's project officer for the National l-nicrucnc\ Maiiageincnt Inlormation System at the time, apparently announced at 2 p.m. that theContinuilv ofOperations plan was activated and that certain employees should report to Mt. Weather; a few minutes later he sent out another notesaying the activation was cancelledThe first pager message reporting the attacks on the World Trade Center appears to have been sent by Morgan Stanley at 8:50 a.m. ET, saying that "anAloha call is starting" due to a fire in the complex's south tower. Morgan Stanley Lcaicd 840,000 square feet in that building, on over 20 floors.As the fires spread, and as police andfirefightersrushed to the scene. Wall Street fimis activated their emergency response plans. Shortly after 9 a.m.,Fidelity evacuated its nearby olTices at 200 Liberty Street, and sent out a messaging saying: "Those in the area should meet at the Winter Garden. Ourplan is to meet there and (have most employees) work from home." (The Winter Ciaitlcn is a glass-enclosed atrium that was damaged later in the daywhen the towers collapsed.)"On that particular day, literally within minutes of the first attack, we already had one of our security people... lining up space outside the New Yorkarea for some of our employees," Anne Crowley, a spokeswoman for Fidelity who was with the company in September 2001, told CBSNews.com in atelephone interview.By 10:29 a.m.. Fidelity's Boston offices on Summer St. had been closed, and an alert went out: "National Master Console has been re-routed toMerrimack." It was followed by: "The FBSl war room is operational," referring to I'idelity Brokerage Services Inc."That quick thinking led us to be able to move hundreds of New York employees to backup locations (and) enabled us to continue to operate some ofour important functions," Crowley said. Even with U.S. equity markets closed. Fidelity's phone centers continued to take orders and could even processsome international ones. Crowley said she didn't know what Fidelity's war room referred to. but said the National Master Console is the firm's mainphone operation that was shifted to Merrimack, N.H.Similarly, Bank of America ordered the evacuation of all bank "high rise buildings only," while noting that there is a "nation-wide run on cash."Mastercard evacuated its new York and Delaware offices; MBNA decided to shutter everything but inbound call centers. Another message says:"SITUATION LOCK DOWN ALL AT&T LOCATIONS HAVE BEEN EVACUATED."now the messages were capturedhttp://www.cbsnews.com/8301-504383_162-5770280-504383.html3/18/2013Egads! Confidenfial 9/11 Page- "^iessages Disclosed - Taking Liberties ^BS NewsPage 2 of 335483The pager logs seem to represent messages transmitted on September 11, 2001 through the networks of Arch Wireless, Metrocall, Skytel, and WeblinkWireless.It's not clear how they were obtained in the first place. One possibility is that they were illegally compiled from the records of archived messagesmaintained by pager companies, and then eventually forwarded to WikiLeaks.The second possibility is more likely: Over-the-air interception. Each digital pager is assigned a unique Channel Access Protocol code, or capcode, thattells it to pay attention to what immediately follows. In what amounts to a gentlemen's agreement, no encryption is used, and properly-designed pagerspolitely ignore what's not addressed to them.But an electronic snoop lacking that same sense of etiquette might hook up a sufficiently sophisticated scanner to a Windows computer with lots ofdisk space - and record, without much effort, gobs and gobs of over-the-air conversations.Existing products do precisely this. Australia's WiPath Communications offers Intciccplor }M (there's even afi-eedownload). Maryland-based SWSSecurity Products sells something called a "Beeper Muster" that it says let police "watch up to 2500 targets at the same time." And if you're frugal,there's a \ idco showing you how to take a $10 pager and modify it to capture everything on that network.Law enforcement agencies knew ofthe benefits of monitoring pagers long ago. A 1997 I'HI bulletin describes the "use of a clone pager tosimultaneously receive the transmission emitted from the pager's service provider to the pager," and the federal courts have a standard form forjudgesto use when approving interceptions. (The American Association of Paging Carriers has, helpfully, provided its members with a list of how to com pi \.)Whatever their origin, the logs are likely to raise more questions than they answer. Take this intriguing message that was sent by Jim Massa, thenCisco's director of federal operations, at 4:18 p.m. It said: "NEED TO DISCUSS FBI TEN THOUSAND UNIT REQUIREMENT ASAP." Therecipient appears to be Cisco Chief Development Officer Charlie Giancarlo, who left the company in 2007 and now works at a venture capital fimi inMenlo Park, Calif called Silver Lake.A Cisco representative said in e-mail to CBSNews.com: "1 know we worked closely with law enforcement after the attacks but 1 don't have anyspecifics." Massa did not immediately respond to a request for comment.One possibility is that the FBI urgently needed routers or other Cisco gear to upgrade its own network. But technical experts that CBSNcws.conicontacted believed it's more likely that the FBI was working with Internet service providers to reconfigure their networks with Cisco hardware to allowwiretaps to be conducted more readily. Around that time, Cisco was beginning to develop wiretap capabilities for its routers - a concept that eventuallybecame known as "law ful intercept."The logs are silent on precisely that point. They do show, however, how U.S. network providers scrambled to respond to one ofthe most unexpectedand extensive disrtiptions in recent memory.After 7 World I'rade Center collapsed (it had been damaged by debris earlier). Sprint lost its payment-processing system called SpeedPay. Asubsequent note said: "SpeedPay is down. Site lost power with further collapse of building around 5PM. They are mobilizing to relocate equipment toNew Jersey site." A Sprint spokeswoman said that the executives who were with the company on 9/11 are on holiday break and unavailable forcomment.The major telecommunications hub at f^O I ludson Street, about eight blocks from the World Trade Center, was evacuated around 9:20 a.m. About fourhours later, it was starting to show signs of overheating, with temperatures reaching the 80s. A WorldCom message worried that New York City mightcut power to 60 Hudson, saying, "NYC 1 has 4 to 8 hours of battery power if main power was to be cut." A relieved followup said that the company'snetwork operations center had learned that the power would remain on.Air Force One reportedly threatenedOther tidbits from the logs include:'* A Secret Service page at 10:32 a.m. warned: "ANONYMOUS CALL TO JOC REPORTING ANGEL IS TARGET." Angel is the SecretService codeword for Air Force One; JOC means Joint Operations Center. When the president's plane had departed Florida about half anhour earlier, it was en route to D.C. fhat anonymous threat seems to be what diverted President Bush on a hiuh-speed ftight across thecountry, first to Barksdale Air Force Base in Louisiana, and then to an underground command center in Nebraska.• Amidst the confusion that day, the Secret Service's New York field office gave contradictory instrticlions to agents. At 9:06 a.m., theirpagers lit up with these orders: "MEET AT THE BASEBALL FIELD BEHIND THE EMBASSY SUITES HOTEL ON WEST STREETNY." Ninety minutes later: "ALL NEW YORK FIELD OFFICE PERSONNEL RESPOND TO STUYVESANT HIGH SCHOOL ATTHE CORNER OF CHAMBERS AND WEST STREET ASAP." Later: "ALL NYFO PERSONNEL ARE TO DISREGARD THE LASTPAGE REGARDING STUVYSANT HIGH SCHOOL."• One message said: "#2 MCLL EXEC WAS ABOARD ONE OF THE PLANES. 1 OF THE ONES WHO BETRAYED HARRY. NOTEARS HERE." Metrocall founder Harry Brock had been ousted as president six years earlier. Metrocall chief operating officer StevenJacoby died on Flight 77 that day.•* Brinks, the armored car operator, received a series of requests for immediate deliveries from banks running low on cash after Americansrushed to withdraw currency: "Micheal, branch officer, is requesting a same day cash delivery. His branch is low on cash. The charge willbe $50.00. Please respond to confirm."• A press aide for then-California governor Gray Davis spent the day fending off requests for interviews and updates from KABC, theOakland Tribune, the Long Beach Press-Telegram, the National Guard, KT'fV. Fox News, and someone who wanted to know, "Are theschools going to be closed for the rest ofthe week?"http://www.cbsnews.com/8301-504383_162.5770280-504383.html3/18/2013Egads! Confidential 9/11 Page '"Messages Disclosed - Taking Liberties ^BS NewsPage 3 of 335484What's unclear is what the impact of the release ofthe 9/11 data will be. Nothing immediately apparent in the 573,000-or-so lines of text suggests arethinking of how we view the events ofthat day (although conspiracy fanciers arc sure to highlight excerpts such as the message suggesting "militaryplanes" forced down a commercial jet, and one saying there was an "explosion and fire at Pentagon").We've seen something like this before. A few years ago, AOL published the mostly-anonymized search histories of over 650,000 of its users, whichgave rise to the kind of data excavation that's currently laking place in connection with the disclosure of the 9/11 pager traffic. In the last few days, thesame kind of collective analysis of thousands offileshas accompanied the leaked ylohal warminu e-mail messages.This should be a lesson to anyone who would prefer their personal details not go on public display: Without end-to-end encryption, and perhaps evenwith it, your correspondence is vulnerable to interception and publication. And if you're the Secret Service responding to threats against the president,or FEMA organizing an evacuation to an underground bunker, why are you letting anyone with a $10 pager and a Windows laptop watch what you'redoing?Update 11:45 a.m. ET: Alert CBSNews.com Reader Ryan R. points out that the first automated alert relating to the attacks may have come from (seethis file) Cantor Fitzgerald, which had offices in One World Trade Center. The alert is timestamped 8:46 a.m. and says: "Market datainconsistent.. Cantor API problem Trading system offline"Update 11:47 a.m. ET: FEMA spokesman Clark Stevens says "FEMA has no comment." No word yet from the Secret Service.Update 1:39 p.m. ET: Alert CBSNews.com Reader Bemie S. reminds me ofthe 1997 interception of pager messages from President Clinton'sentourage, including messages from Flillary and Chelsea and love letters exchanged between aides. Here's a stnni_naiA; from Harper's, and a ioimerWTiteup from Peter Neumann's always-useful Risks Digest.Update 3:04 p.m. ET: It didn't take long for the fake 9/11 "Zionist pager intercepts" to appear. Another fake: "WTC south tower will collapse in Iminute." On an unrelated note, WikiLeaks spokesman Julian Assange previewed the files at a conference in Copenhagen last week; see 55:30 into thevideo. And I would be remiss not to mention the remarkable 911st(M ios.net site, which is displaying animated highlights.Deehiii .Mc('ulla"h is a correspondent for CBSNews.com. Ue can be reached at dcclan « chsncws.coin and can be followed on Twitter astlcclanm. You can bookmark Dcclan's I aking Liherlies site here, or subscribe to the KSS feed.© 2009 CBS Interactive Inc.. All Rights Reserved.'7 Shares 7Tweets 7Stumble 7Email' More +. 8 4 CommentsPeclan McCullaah On Twifter » On Oooele+ »Dcclan McC'ullagh is the chief political correspondent for CNET. Decl an previously was a reporter for Time and the Washington bureau chieffor Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site.http://www.cbsnews.com/8301-504383_162-5770280-504383.html3/18/2013Digital Tools to Sift Through "''kiLeaks' 9/11 Messages - NYTimes.C" "Page 1 of 335485Eljc Jfflu JJork ^mtsCity RoomBlogrging From the Five BoroughsDECEMBER 1, 2009, 7:30 AMDigital Tools to Sift Through WikiLeaks' 9/11 MessagesBy JENNIFER 8. LEEProgrammers are introducing tools to analyze the hundreds of thousands of pagermessages, supposedly dating from Sept. i i , released last week by WikiLeaks, anorganization that releases sensitive documents and materials.More than half a million messages were released by WikiLeaks, which has not disclosedwho turned over the messages. Jeff Clark, a data visualization research who is notinvolved in WikiLeaks, interpreted the data in the aggregate, creating a \adeo that show^sthe most commonly used terms that day, like "complex has evacuated" or "possibleterrorist act." The words grow brightest when they hit their peak and are sized by howfrequently there were used." I recognize the pager data was very much like Twitter data, because it's basically a timestamp with a bit of text," said Mr. Clark, who had done work with Twitter.He also created small time lines showing when certain key phrases hit their peaks, andthen ordered the phrases by the peak time to create a moving narrative of the day.Over the weekend, another programmer, Colin Keigher, created a searchable database ofthe messages, which makes them much easier to parse than the original 40-megab}te file." I made it in a format that was easier for every one else," he said.There is no way to verify the authenticit\' of the messages, and the programmers say theirdata comes entirely from WikiLeaks.Daniel Schmitt, a spokesman for WikiLeaks, said that the organization would not revealthe source of the intercepted messages, but that the messages represented the traffic onthe top four pager services at the time. The pages were identified by message number, butit was not clear from most of the messages who was the sender and who was therecipient. The messages come from a program that was monitoring such messages beforeSept. 11 attacks even took place, and Mr. Schmitt said the organization believed it hadbeen given the information to raise awareness around issues of privacy and dataretention.The search tools allow people to find the individual messages, which are chilling —especially ones from the front lines of the emergency personnel and airline employeeswho were watching everything unfold in real time. Of the voluminous mass of messages, ahttp://cityroom.blogs.nytimes.com/2009/12/01/digital-tools-to-sift-through-wikileaks-911-... 3/18/2013Digital Tools to Sift Through "^'kiLeaks' 9/11 Messages - NYTimes.c—'Page 2 of 335486few stood out. (The messages cited below are quoted verbatim, including errors inspelling, grammar and punctuation.)After the first plane, American Airlines Flight i i , crashed at 8:46 a.m. into the WorldTrade Center's north tower, the initial impression at 8:50 a.m. was that the explosionmay have been a bomb:l)BOMB DETINATED IN WORLD TRADE CTR. PLS GET BACK TO MIKEBRADY W/A QUICK ASSESSMENT OF YOUR AREAS AND CONTACT US IFANYTHING IS NEEDEDThe first, spartan message sent out by New York police officials was no more alarmingthan numerous emergencies that the police had dealt with before:"NYPDOps Div" < 11 PCT WORLD TRADE CENTER|— 1 PCT - WORLDTRADE CENTER -- POSSIBLE EXPLOSION WORLD TRADE BUILDINGBut it soon became clear that it was a plane crash, and news organizations from NBC toCNN began reporting the story — initially described by many as an accident involving asmall plane. But a message sent at 8:58 a.m. — four minutes before the second plane.United Airlines Flight 175, hit the World Trade Center's south tower — apparentlyrevealed that someone understood that American Airlines 11 had been hijacked.Initialreports indictate that AALii, B767, after initial hijacking on flight fromBOS-LAX, has crashed into the side ofthe World Trade Center in ATCSCC/blAnother message at 9:02 a.m. showed that the news was traveling.BREAKINGNEWS: PER OPB, IT APPEARS AA 757 HIJACKED AND RUNINTO THE WORLD TRADE CENTER. THIS IS NOT A JOKE AND JUSTBREAKING RICK-RickMinutes later, at 9:04, one of the first reports of the second plane crash was sent, thoughmany were watching on television at the time.anotherexplosion wtc!!!.At that point, terrorism started being raised as a possibility.But one of the most chilling messages was one apparently sent at 9:12 a.m. as internalUnited Airlines communication:AAL757 has crashed into the world trade center... were missing UAL 175.(767)and a 2nd aircraft has crasshed into the other twr of the World Trade Center.BarberBy 9:16 a.m., both airplanes had been identified:http://cityroom.blogs.nytimes.com/2009/12/01/digital-tools-to-sift-through-wikileaks-911-... 3/18/2013Digital Tools to Sift Through "-'ikiLeaks' 9/11 Messages - NYTimes.c^-"Page 3 of 335487EWRarpt clsd by PONYA: 2nd a/c has impacted WTC; ZNY ATC 0 due events;unable to confirm but believe aircraft were AALii BOS-LAX; and UAL175 NYATCSCC/blWithin a minute ofthe 9:37 a.m. plane crash into the Pentagon, pager messages trickledout, many from Defense Department employees or visitors: "Explosionat Pentagon too,""anexplosion at the Pentagon Bldg. This bizzare!" "PENTAGONMAY HAVE HADTROUBLE," "Blast® Pentagon| Just a few ago."At 10:01 a.m., reports of the south tower collapse appeared: "Southerntower collapse,""Oneof the towers has now collapsed," "heENTIRE Tower has collapsed. All 110 floorsGONE!!!"And by 10:02 a.m., the possibility of a fourth hijacked plane was raised: United Airlines93, which crashed 80 miles southwest of Pittsburgh just seconds before the messagebelow was sent.ANOTHERPLANE INBOUND FROM PITTSBURGH HIJACKED NO OTHERDETAILS JOCWithin hours of the initial attacks, some messages raised the possibility that Osama binLaden might be behind the attacks: "Ben Laden most likely responsible," "Justcheckingin. They don't know who is responsible yet (they think Laden)," "Osama bin Laden top ofsuspect list for Robyn" and "OsamaBin Louden gave a report to an Arabic newspaper thatthe US was going to suffer attacks."The messages were also full of early misinformation. One message repeated a false reportthat the military had brought down United Airlines 93 in Somerset Count}', Pa., whileothers echoed reports ofa fire on the Washington Mall.Copyright 2013 The New York Times Company | Privacy Policy | NYTImes.com 620 Eighth Avenue New York, NY 10018http://cityroom.blogs.nytimes.com/2009/12/01/digital-tools-to-sift-through-wikileaks-911-... 3/18/2013570,000 pager messages from ^ '^ 1 releasedPage 1 of 235488570,000 pager messages from 9/11 releasedmsnbc.com staff and news service reports11/25/2009 8:18:22 PMETNBCNews.comSome 570,000 pager messages sent on Sept. 11, 2001, some of them by government officials,were being disclosed Wednesday by a nonprofit activist group.The group, Wikileaks, says some of the messages were sent by federal and local officials, butmost appear to be from regular people, including frantic New Yorkers trying to reach lovedones in and around the World Trade Center.Wikileaks was posting the messages for most of the day Wednesday and expected to finishearly Thursday.The messages range from "DO NOT GET ON THE PATH TRAIN...THE WORLD TRADECENTER IS ON FIRE" to "President has been rerouted wont be returning to Washington butnot sure where he will go."One says, "THIS IS MYRNA, I WILL NOT REST UNTIL YOU GO HOME, THE SECONDTOWER IS DOWN, I DONT WANT TO HAVE TO KEEP CALLING YOU AFTER EVERYEVENT. PLS JUST GO HOME."New York City's police and fire departments said they could not confirm that any of themessages were actual department communications. The Port Authority of New York andNew Jersey, the U.S. Secret Service and the Federal Emergency Management Administrationdeclined to comment on the messages.But a pager company, USA Mobility, said it was troubled to learn that some messages on itsnetworks appear to have been intercepted.Many of the messages are completely unrelated to the Sept. 11 attacks, but others are clearlyfrom people at the scene, responding or trying to contact people at the World Trade Center.Examples include:8:53:44 AM: "NYPD Ops Div" < 11 PCT WORLD TRADE CENTER|— 1 PCT - WORLDTRADE CENTER - POSSIBLE EXPLOSION WORLD TRADE CENTER BUILDING. LEVEL3 MOBILIZATION TO CHURCH AND VESSY.9:00:05 AM: 1/1) CONFIRMED PLANE CRASH AT 2 WORLD TRADE CENTER. EMRP,38ST, HAZMAT RESPONDING.9:00:42 AM: All - Plane crashed into WTC, our staff at 5 WTC is presently recorded safedetails to follow.9:01:53 AM: Plane crash into World Trade Center. All MTA PD midnight units being heldover. MTAPD Comm Ctr (1/1)http://cpfcleanprint.net/cpf/cpf?action=print&type=tilePrint&key=msnbc&url=http%3A%... 3/18/2013570,000 pager messages from1 releasedPage 2 of 2354899:04:01 AM: AIR TRAFFIC CONTROL HAS NOT GIVEN US ANY CONCRETEINFO INDICATED PSBL HI-JACK COM ACFT. JOE TURNER OCC DUTY DIRECTOR9:10:35 AM: Ellen has tried to get Derek, Brock, & Mark but unable to get through, theirfloors are at the top9:10:46 AM: Due to the explosions in the WTC all ATM's are being shutdown9:11:42 AM: we're under another "terrorist" attack in new york city at the world tradebuildings!!! it's horrible, two planes crash into the top floors of each building, phi9:13:24 AM: airports are closed and command still reports numerous jumpers and numerousothers trapped. FDNY is avail via liveIn a statement, WikiLeaks said that "the archive is a completely objective record ofthedefining moment of our time. We hope that its revelation will lead to a more nuancedunderstanding of the event and its tragic consequences."Daniel Schmitt, a Wikileaks spokesman, said the pager messages were submitted to the siteanonymously several weeks ago."From the context information that the source provided we have strong reasons to believethat this is valid data," Schmitt said.Schmitt said publishing the messages "is one more building block to getting a full picture ofwhat happened on that day." He noted that none of the messages appear to lend credence toconspiracy theories that suggest the U.S. government was behind the attacks or had advanceknowledge of them.Company expects prosecutionsMost of the pages come from three companies, Metrocall, Skytel and Arch.USA Mobility Inc., which merged Arch and Metrocall systems in 2004, issued a statementWednesday saying it was "troubled to learn that paging messages, including communicationsinvolving government officials, appear to have been intercepted and publicly disclosed inclear violation of federal criminal law.""We hope and expect that persons who engage in unlawful electronic surveillance will beapprehended and prosecuted to the fullest extent of the law," the statement said.Skytel did not immediately return calls seeking comment.The messages are being released at Qii.wikileaks.org.The Associated Press contributed to this report.http://cpfcleanprint.net/cpf/cpf?action=print&type=filePrint&key=msnbc&url=http%3A%... 3/18/201335490UNITED STATES OF AMERICAWitness List Orderand Proposed PEsProsecution WitnessesV.Manning, Bradley E.PFC, U.S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 2221117 June 2013The United States hereby submits the following order for the remaining witnesses theUnited States intends to call in the above-captioned court-martial. "(_J" is placed next to eachwitness to whom the United States is willing to stipulate. This space is provided for the defenseto mark an "X" for each witness it is willing to stipulate. An "*" denotes the Government'srequirement to send the agreed upon stipulation to the equity holder for classification and/orclearance by the senior United States Government official. The Prosecution Exhibit (PE)number is next to each stipulation fhlly executed and already admitted as a PE. A "~" denotes ananticipated closed session to elicit a portion of the witness's testimony.1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.Mr. Motes -PE 131RDML Woods -PE 132Mr. Travieso -PE 118a / PE 118bVADM Harward -PE 134Ms. Strobl -PE 135a/PE 135bMr. Allen -PE 137SSG Bigelow -PE 142SA Williamson -PE 143CW4 NixonCW4 RouillardMr. Janek - ( ^ *Mr. Mundy - M *SA Rock -PE 79SA Ellis -PE 77Mr. Downey -PE 149SA Shaver ~#23 - ( ^ *#107 -C^*Dr. Johnson, Glenn -(P^*Mr. Wisecarver21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.Ms. Thain-PE 150AMB PearceAMB SecheAMB Yamamoto -Q^Mr. Yun - ( ^ *Mr. Feeley -(^*Mr. Moore -QQ*AMB Yavonovitch -QA*Mr. Pittman -Q()*Mr. Murphy -QO*SA Bettencourt-PE 76SA ManderCDR Aboul-Enein -QQMr. BenthalSPC MarshallMr. AdkinsCPT LimCOL MillerMr. Lewis ~This list only accounts for the witnesses from the Government's witness list which theUnited States presently intends to call. Based on the evidence presented, the United Statesreserves the right to augment this list with witnesses previously disclosed on the Government'sr?2p/i.Gi35491witness list. Additionally,the order listed above could change based on the presentation ofevidence and testimony.ASHDENFEINMAJ,JATrial CounselIcertifythatlserved or caused to be servedatrue copy of the above on Mr. DavidCoombs, Civilian Detense Counsel, onl7June 2013.ASHDENFEINMAJ,JATrial Counsel35492INTHEUNITEDSTATESARMYFIRST JUDICIAL CIRCUITUNITED STATES OF A M E R I C AV.Manning, Bradley E.PFC, U.S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211ORDER: REVIEWOF STIPULATIONS OFEXPECTED TESTIMONYDATED: 18 June 2013_SUSPENSE: 3 duty/business days1. To date the Government, Defense, and Accused have entered into stipulations for the expectedtestimony of thirty-three (33) Government witnesses. Those stipulations have been admitted intoevidence and read on the record. The parties notified the Court that they anticipate entering intoapproximately seventeen (17) additional stipulations of expected testimony by 21 June 2013.2. The Government notified the Court that government organizations with equities involved haverequested to review certain Stipulations of Expected Testimony before they are admitted into evidenceand read on the record. The Government wishes to accommodate this request and proposes to have thosestipulations signed by the parties before sending them to the government organizations for review. TheDefense does not object.ORDER:1. The Court approves the Government's request for the requested reviews so long as the reviews do notunreasonably delay the trial. All reviews of Stipulations of Expected Testimony will be completedwithin three duty or business days after the parties and the Accused enter into the stipulation.2. This order is issued under the Court's authority to regulate the proceedings under Rule for CourtsMartial (RCM) 801 and to compel the production of witnesses under RCM 703. Should any governmentorganization request to review a stipulation and fail to conduct this review within this timeframe, theGovernment will elect to offer the stipulation into evidence, call the subject witness, or forego the use ofthe testimony in the Government's case-in-chiefSo ORDERED this 18th day of June 2013.DENISE R. LfNDCOL, JAChief Judge, r ' Judicial CircuitAPPELL^TE^^^^^^^^^^^^^^^.^^^PACES^^^^^^^^^PAGE35493UNITEDSTATESOF AMERICAV.Mannmg,Brad1eyE^PFC, U.S.Army,HHC,U.S.ArmyGair1^on,JointBa^e Myer-Henderson HallFortMyer, Virginia 222^1))))^^^^^GOVERNMENTRESPONSETODEFENSEMOTIONSFORJUDICIALNOTICEANDADMISSION OFASTATEMENTBYAPARTYOPPONENTl^June2t^l3RELIEFSOUGHTCOMES NOW the United States ofAmeriea, by and tlnougliundeisigned counsel, andrespecthillyiequests this Court deny the Defense Motion tor Judicial Notice ofthe Freedom ofInformation Act (FOIA) Request hy Reuters America, Inc. (Reuters). Specifically,the UnitedStates objects to this Court takingjudicial notice that Reuters i^adeaFOIA request to the UnitedStates Centi^lConimand(CENTCOM), to which itreeeivedaiesponset^venty-onemonths later.Thisfaetisnotrelevant1AWMilitaryRuleofEvidence(MRE)40LThe United States also requests this Court denythe Detense Motion for Judicial Notieeofthe CENTCOM ClassilicationAssessment ofthe Apache Video and the Transcript ofProsecution Exhibit (PE) 15. Specifically, the United States objects to this Court takingjudicialnotice ofthe statement made by RADMKevinDonegan and that the transcript provided bythedefense isaverbatim account ofthe video. Tlie statement ofRADM Donegan is hearsay and notadmissible IAWMRE80I(d)(2)(D).Thetransciiptprovided bythe defense is notaverbatiinaccount ofthe video. The United States has enclosedacopy ofthe defense'stransciiptvvithedits tracked.Enclosurel. Additionally, the United States has enelosedacopy ofthedefense'stranseriptvvith edits applied.Enclosure 2. The United States stipulates thatEncIosure2is an accurate representation oftheone radio channel Ibrwhichthedelense intendsto use.Lastly, the United States does not object to the Defense Motion for Judicial Notice ofWikiLeaks Publication of9/lIPager Messages. Specilically,the United States does not objectto this Court takingjudieial notice ofthe fact ^^that,on25 November 2009,WikiLeaks publishedpurported text and papermessages surrounding the terrorist attacks against the United States onIISeptember2001."BURDEN OFPERSUASION AND BURDEN OFPROOFAs the moving party, the defense has the burden ofpeisuasion on anyfactual issue theresolution ofwliich is necessaryto decide the motion. .^^i^^^/^^^Ct^^^^^^^-^^^^^/^/(^C^,^^^/^^^^^^^^.^,RuleforCourtsMartia1(RCM)905(e)(2)(20I2).Theburdenofproofisbyapreponderance ofthe evidence. RCM 905(c)(1).FACTSThe United States stipulates to the facts set forth in the De^nse Motion for JudicialNotice ofPOIA Request by Reuters, the Detense Motion ^ r Judicial Notice of CENTCOMAPPELLAT^^X^^I8IT^^^PAGEREF^R^^NCED:PAGECAPAGES35494Classification Assessment of Apache Video and Transcript of PE 15, and the Defense Motion forJudicial Notice ofWikiLeaks Publication of 9/11 Pager Messages.WITNESSES/EVIDENCEThe United States does not request any witnesses be produced for this response. TheUnited States requests that this Court consider the Charge Sheet and the cited Appellate Exhibits.LEGAL AUTHORITY AND ARGUMENTA judicially noticed fact "must be one not subject to reasonable dispute in that it is either(1) generally known universally, locally, or in the area pertinent to the event or (2) capable ofaccurate and ready determination by resort to sources whose accuracy cannot reasonably bequestioned." Military Rule ofEvidence (MRE) 201(b); see also United States v. Needham, 23M.J. 383 (C.M.A. 1987). Judicial notice offacts serves as a substitute for testimonial,documentary, or real evidence. Stephen A. Saltzburg, et al., Military Rules ofEvidence Manual§ 201.02[1] (7th ed. 2011). Additionally, judicial notice promotes judicial economy as it relievesa proponentfiomfomially proving certain facts that a reasonable person would not dispute. Id.Judicial notice is of adjudicative facts. Judicial notice is not appropriate for inferences aparty hopes the factfinderwill draw fiom the fact(s) judicially noticed. See Appellate Exhibit(AE) 356. Legal arguments and conclusions are not adjudicative facts subject to judicial notice.See UnitedStates v. Anderson, 22 M.J. 885 (A.F.C.M.R. 1985)). Judicial notice also cannot beemployed in contravention of the relevancy, foundation, and hearsayrales.See AmericanPrairie Construction Company v. Holch, 560 F.3d 780, 797 (8th Cir. 2009) (noting that"[cjaution must also be taken to avoid admitting evidence, through the use ofjudicial notice, incontravention of the relevancy, foundation, and hearsay mles").In all tlnee motions, the defense relies on statements made by the accused during theprovidence inquiry, without being subject to cross-examination, to establish the relevance ofthose facts which it now requests this Court takejudicial notice. Statements made by theaccused during the providence inquiry in a mixed plea case cannot be used as a basis ofrelevance for facts at trial. See United States v. Davis, 65 M.J. 766, 767 (A.C.C.A. 2007)(holding that statements from a guilty plea inquiry cannot be considered when deciding theadmissibility of evidence during the contested portion ofthe trial); see also United States v.Calm, 31 M.J. 729 (A.F.C.M.R. 1990) (finding no support for appellate defense counsel'sproposition "that an accused's right to remain silent on a contested offense may be abridged byallowing consideration of statements required to be made in support of a guilty plea"). Doing so,the Court in Calm reasoned, "would tempt an accused to 'garnish' his [providence inquiry]testimony with favorable statements, thereby placing such statements before the court withoutbeing subject to cross-examination." /rf, at 731.A. The Reuters FOIA request and the response by CENTCOM are not relevant.The United States objects to this Court takingjudieial notice that Reuters submitted aFOIA request, to which CENTCOM responded twenty-one months later. The defense has notdemonstrated that this fact is relevant lAW MRE 401. The United States agiees that the35495accused'smotive is relevant to the Specification of Charge I; however, there is no evidencebelbre the Court that the accused had knowledge ofthe FOIArequest or of CENTCOM'sresponse. The defense cites the accused'sstatements made during the providence inquiry asevidence supporting its request. Statements made during the piovidency inquiry cannot be usedas the basis ofrelevance for facts at triah ^^^/^^^^/.^, 65 M.J.at 767. Until evidence is betbre theCourt that the accused knew ofthe FOIA request and of CENTCOM'sresponse, these facts areneitherrelevantlAWMRE 401 nor proper tor judicial notice.B. The statement ofRADMDonegan is hearsay andnotothei^vise admissible lAWMRE801(d)(2)(D)The United States objects to this Court takingjudieial notice ofthe statement made byRADMDonegan. ^^^Enclosuielto the Defense Motion. The defuse argues this statement isan adinissionmadebyaparty-opponent lAWMRE 801(d)(2)(D). The United States opposesbecause the statement does not otheivvise meet the tlnee-paittest outlined in ^^^^^^rf^^^^^^v.937F.2d797,811 (2d Cir. 1991), and adoptedinpieviousralingsbythis Court.Hearsayisastatement,otherthantheonemadebythedeclaiantwhiletesfifyingatthetrial, ofteied in evidence to prove the truth ofthe matter asserted.MRE 801(c). JJeaisayisnot admissible except as provided by the Military Rules ofEvidence or by any Act of Congressapplicable in trials by eourt-martiakMRE 802.MRE 801(d)(2) provides inielevantpart that admissions byaparty-opponent are nothearsay if the statementis offered againstaparty and is either (A) the parties^ own statement ineithertheparty^sindividualorrepiesentativec^pacity;(B)astatementofwhichthepartyhasmanilestedthepaity's adoption or beliefin the trath;(C)astatementbyapeison authorized bythepartytomakeastatementconcerningthesubjeet;or(D)astatementbythepaity^sagentorservant conceiningamatterwithin the scope ofthe agency or employment of the agent orseiv^antmadeduiing the existence ofthe relationship ....The contents ofthe statement shall beconsidered but are not alone sufficient to establish the declarant^sauthorityunder(C), or theagency or cmploymentielationship and the scope thereofunder(D).MRE 801(d)(2).This Court previously noted that "it is possible tor statements by executive branchofiicials to be admitted inacriminal proceeding as admissions ofapartyopponent[,j" but that"the eases allowing such admissions are those where the prosecution has manitested its beliefinthe trathofastatementinaeourt proceeding or judicial document that should be admissiblewhen the Government takesacontraiy position." AE356(citing^^^^^^rf^^^^^.^i^.^^^^^^/^^^^^,97F.3d835,851 (6thCir.l991)and^^/^^rf^^^^^^i^.^^^^^^^,581F3d933,937 (D.CCir.l^^^Todeteiminewhetherastatcment is admissible against the United States lAWMRE801(d)(2)(D), thisCourtadoptedthethieeparttestsettbithin^^/^^^^^^.^^^^^rf^B^^^^at 811. First, the eourtmust "be satisfied that the prior^statement] involves an assertion offactinconsistent with similar assertions inasubsequent trial. Second, the court must determine thatthe^statemcntsjwere such as to be the equivalent oftestimonial statements....Last, the districtcourtmust determine byapreponderance ofthe evidence that the inference that the proponent ofthe statements vyishes to draw isafair one and that an innocent explanation tor the inconsistencydoesnotexist."^^/^B^^^,937F.2dat811(quoting^^^^^^rf^^^^^.^v.^^^^^4 738F.2d26,33 (2d35496Cir. 1984)(quotationsomitted));^^^^/^^^^^/^^rf^^^^^.^v./^^^^^^/434F.3dl001,1005 (11^^^Cir. 1994(adoptingthe test fiom^^rf^^^^^^).fJere, the first prong ofthis test (i.e.,that the prior statement involve an assertion of factinconsistent with similar asseitions inasubsequent trial) has not beenmet.RADMDonegan'sstatement (i.e., that the Apachevideo should not be classified) is first and foremost an opinion,not an assertion of tact. Furthermore, assuming the Court considers the statement an assertion offact, the statement is consistcntwith the Chaige Sheet and the United States'position tluouglioutthis courtmartial.Charge Sheet. Atno point has the United States offered evidence that thevideo is, or should be, classified. Accordingly, the statement should not he admitted as theadmission ofaparty-opponentunder MRE 801(d)(2).Additionally,RADMDonegan has beenan^medsentencingwitness forthe UnitedStates since 15October2102. Thedefense has previouslyintei^iewedhim in preparation forthis trial. Thedelenseisfieeto cross-examine RADMDonegan during thepiesentencingphaseon the content ofthis statement, ifothei^vise admissible and relevant.C. The transcript provided by the delense is notaverbatim account ofPE 15.The United States objects to this Court takingjudieial notice thatthe transcriptpiovidedbythe defense isaveibatim account ofthe video contained inPE15because the transcript is notverbatim and thedefensedid not provide any explanation ofhowthetranseript was produced.For purposes ofjudicialeconomy,the United States stipulates that EncIosure2is an accuraterepresentation ofthe one radio channel tor which the defense intends to use.Enclosure 2.D. WikiLeaks Publication of9/llPa^er Messages.The United States does not objectto this Court takingjudieial noticeofthe tact "that, on25 November2009,WikiLeakspublished purported text and papermessagessuiioundingthetertoiist attacks against the United States onllSeptember 2001."CONCLUSIONFor these reasons, the United States respectlullyiequests this Court deny the DetenseMotion Ibr Judicial NoticeofFOIARequest by Reuters and the Defense Motion for JudicialNoticeofCENTCOMClassificationAssessmentofApacheVideoandTranscriptofPE15.JHUNTER WUYTECPT,JAAssistantTrial Counsel2Enclosures1. Defense's Transcript ofPE15(edits tracked)2. Defense's Transcript ofPE15(edits applied)435497Icertifythatlserved or caused to be servedatrue copy ofthe aboveonDefense Counsel,via electronic mail, on 19 June 2013.^^9^J.HUNTER WHYTECPT,JAAssistant Trial Counsel35498Prosecution Exhibit l^Transcript of Video00:03 Okaylgotit.00:05 Last conversation HotelTwoSix.00:09 Roger fIotelTwo-Six,uh,Vietor Charlie Alpha. Look, do you want your HotelTwoTwot^o element.00:I4Igotablack vehicle under target. Ifs arriving right to the north ofthe mosque.00:17Yeah,Iwouldlike that. Over.00:21 Moving south by the mosque dome. Down that road.00:27 Okay we gotatarget fifteen coming at you. Ifsaguy withaweapon.00:32 Roger.00:39There^sa00:42 There^s about, ah, four or five...00:44 Bushmaster Six copy One-Six.00:48 ...this location and there^s more that keep walking by and oneofthemhasaweapon.00:52 Roger received target fifteen.00:55 Okay00:57 See all those people standing down there.01:06 Affirmed. And open the courtyard.01:09Yeahroger.Ijust estimate there^s probably about twenty of them.01:13 There's one, yeah.O1:150hyeah01:18Idon^tknowifthat'sa...01:19Fley Bushmaster element, copy on the one-six.01:21 Thatsaweapon.01:22Yeah01:23 HotelTwo Six; CrazyHorseOne Eight01:29 Copy on the onesix,BushmasterSix-Romeo.Roger.01:32 Fucking prick.01:33 HotelTwo-Six this is Crazy Horse One-Eight Have individuals with weapons.01:41 Yup.He's gotaweapon too.01:43 HotelTwoSix; Crazy Horse OneEight. Have five to six individuals with AK47s.Request permission to engage.01:51 Roger that. Uh,we have no personnel east of our position. So, uh, you arefieeto engage.Over.02:00 All right, we^ll be engaging.02:02 Roger, go ahead.02:03 f m gonna...lean^t get ^em now because they're behind that building.02:09 Um, hey Bushmaster element...02:10He'sgotanRPG02:11A11 right, we gotaguy with an RPG.02:13 I'm gonna fire.02:I4Okay3549902:15No hold on. Let's come around. Behind buildings right now fiom ourpoint ofview....Okay,we're gonna come around.02:19HotelTwoSix; have eyes on individual with RPG. Getting ready to fire.Wewon't...02:23 Yeah,we hadaguy shoot—and now he's behind the building.02:26 God damn it.02:28 Uh, negative, he was, uh, right in front ofthe Brad. Uh,^bout, there, one o'clock.02:34 Haven^t seen anything since then.02:36 Just tuckin^,once you get on ^em just open'em up.02:38 Roger,lam.02:40 Isee your element, uh, got about tour Humvees, uh, out along...02:43 You'reclear.02:44 All right, firing.02:47 Let me know when you've got them.02:49 Lets shoot02:50 Light^em all up.02:52 Come on, fire!02:57 Roger. Keep shooting, keep shooting.02:59 keep shooting.03:02 keep shooting.03:05 Hotel..BushmasterTwoSix, BushmasterTwoSix,we need to move, time now!03:10Allright,we just engaged all eight individuals.03:12Yeah,we see two birds and we're still firing.03:14Roger.03:151got'em03:16Two-six, this isTwo-Six,we're mobile.03:19Oops,fm sorry what was going on703:20Goddamnit,Kyle.03:23 All right, hahaha,Ihit^em...03:28 Uh,you^re clear.03:30 All right, I'mjust trying to find targets again.03:38 Bushmaster Six, this is BushmasterTwoSix.03:40 Gotabunchofbodieslayin^ there.03:42 All right,we got about, uh, eight individuals.03:46Yeah,we got one guy crawling around down there, but, uh, you know,we got, definitelygot something.03:51 We're shooting some more.03:52 Roger03:56 Hey,youshoot, I'll talk.03:57 HotelTwoSix; Crazyhorse OneEight04:01 Crazyhorse OneEight; this is HotelTwoSix. Over.04:03 Roger. Currently engaging approximately eight individuals, uhKIA,uh RPGs, and AK47s3550004:12 HotelTwoSix, you need to move to that location once Crazyhorse is done and getpictures.Over.04:20 Six beacon gaia.04:24SergeantTwenty is the location.04:28 HotelTwoSix; Crazyhorse OneEight04:31Oh, yeah, look at those dead bastards.04:36Niee04:37TwoSix; Crazyhorse OneEight.04:44 Nice.04:47 Goodshoot04:48 Thankyou04:53 HotelTwo Six04:55 HotelTwoSix; Crazyhorse One Eight05:03 Crazyhorse One Eight; Bushmaster Seven. Go ahead.05:06 Bushmaster Seven; Crazyhorse OneEight Uh, location ofbodies, Mike Bravo five-tburfive-eight eight-six-one-seven.05:15Hey,goodontheuh...05:17Fivetburfiveeighteightsixoneseven.Over.05:21This is Crazyhorse One Eight, that'sagood copy. They're onastreet in fiont of an open,uh, courtyard withabunchofblueuh trucks, bunch of vehicles in the courtyard.05:30 There's one guy moving down there but he^suh, he's wounded.05:35 All right,we'll let ^em know so they can hurry up and get over here.05:40 One-Eight,we also have one individual, uh, appears to be wounded trying to crawl away.05:49 Roger,we^re gonna move down there.05:51 Roger,we'll cease fire.05:54Yeah,wewon^t shoot anymore.06:01 He^sgettingup06:02 Maybe he hasaweapon down in his hand706:04 No,Ihaven^t seen one yet06:07Isee you guys got that guy crawling right now on that curb.06:08Yeah,Igothim.lput two rounds near him, and you guys were shooting over there too, souh we'll see.06:14Yeah, rogerthat06:16BushmasterThirtySix Element; this is uhHotelTwoSeven over.06:21 HotelTwoSeven; Bushmaster Seven go ahead.06:24 Roger f m just trying to make sure you guys have myturt^ over.06:31Rogerwe got your turf06:33 Come on, buddy.06:38 All you gotta do is pick upaweapon.06:44 Crazyhorse this is Bushmaster Five, Bushmaster Four break.Weare right below you righttime now can you walk us onto that location over.06:54 This isTwoSix roger. 1^11 popfiares.Wealsohave one individual moving.We're looking35501tor weapons. If we seeaweapon,we^re gonna engage.07:07YeahBushmaster,we haveavan that's approaching and picking up the bodies.07:14Where^sthatvanat707:15Right down there by the bodies.07:16Okay,yeah07:18Bushmaster; Crazyhorse.Wehave individuals going to the scene, looks like possiblyuhpicking up bodies and weapons.07:25 Let me engage.07:28 Canlshoot707:31Roger. Break. UhCrazyhorse OneEight request permission to uh engage07:36 Picking up the wounded707:38 Yeah,we^re trying to get permission to engage.07:41Comeon,letusshoot!07:44 Bushmaster; Crazyhorse One Eight.07:49 They're taking him.07:51 Bushmaster; Crazyhorse One-Eight07:56 This is Bushmaster Seven, go ahead.07:59 Roger.WehaveablackSUVuh Bongo truck picking up the bodies.Request permissionto engage.08:02 Fuck08:06 This is Bushmaster Seven, roger.This is Bushmaster Seven, roger. Engage.08:12 One-Eight, engage.08:12 Clear08:13 Comeon!08:17Clear08:20Clear08:21 We^re engaging.08:26 Coming around. Clear.08:27 Roger.Trying to uh...08:32 Clear08:35 Ihear'emeo..Ilost^eminthedust08:36Igot'em.08:41 I'mfiring.08:42 This is Bushmaster Forty got any BDAon that truck. Over.08:44You^re clear.08:47This is ah Crazyhorse. Standby.08:47 1can^t shoot tor some reason.08:49 Go ahead08:50Ithinkthevan^s disabled08:53 Go ahead and shoot i t08:54Igot an azimuth limit tor some reason09:00Goleft3550209:03 Clearleft09:15 All right, Bushmaster Crazyhorse One Eight09:20Avehiele appears to be disabled.09:22 There were approximately tburto five individuals in vehicle moving bodies.09:28Your lead Bradley should take the next right09:31That's cruising east down the road.09:34 No more shooting.09:38 Crazyhorse; this is Bushmaster Four.We'removingadismounted element straight souththrough the Bradleys.09:44Ihave your Elem-uh, Bradley element turning south down the road where theengagements were.09:53 Last call on station's uh Bradley element say again.09:56 Roger this is Crazyhorse.09:58Your lead Bradley just turned south down the road where all the engagements happened.10:03 Should haveavan in the middle of the road with about twelve tofifteenbodies.10:llOh yeah, look at that Right through the windshield!10:14Haha!10:16AllrightThere were uh approximately tour to five individuals in that truck, so I'mcounting about twelve to fifteen.10:241would say that'safairly accurate assessment so tar.10:27 Rogerthat10:29Iwant to just be advised Six, Bushmaster Six are getting mounted up right now.10:35 Okay,roger. Hey,wecan^t fiex down that road towards that, uh,where Crazyhorseengaged.10:43 So, uh,Idon't know if you want us to do so or stay put Over.10:46 Why ean^t they go down there710:56Ithink we whacked'em all.10:58 That'sright, good.I0:59This is HotelTwoSix.11:03 Hey you got my dismounted element right there over to your left.11:06 Roger,lsee'em.I L l l H e y yeah, roger, be advised, there were some guys popping out with AKs behind that dirtpile break.ll:19Wealso took some RPGs ofi^uh, earlier, so just uh make sure yourmen keep your eyesopen.I I 26 Roger.11 27And,uh, Bushmaster ahead are, uh, HotelTwoSix; Crazyhorse One-Eight11 33 Crazyhorse OneEight; this is HotelTwo-Six.11 35YeahTwoSix; Crazyhorse One Eight11 37 L^,locationIhaye about twelve tofifteendead bodies.11 42 Uh,where else are we takingfirefiom711 48 Currently we're not being engaged, ah, butjust south ofthat location. Break.35503ll:55You should see dismounted elements with Humvees moving to the cast, over.12:01This is Crazyhorse One Eight; we have elements in sight12:05 BushmasterThree-Six.12:07 f m gonna get downalittle lower.12:09 Allright12:10I'm gonna come downalittle lower and takeaquick gander.12:13 Rogerthat12:14Six; this is tbur.We're headed to the area where Crazyhorse engaged.12:26 Bushmaster Six; this is HotelTwoSix.12:28 Request to go to the south to our original BP so ifyoufiushed them to the south we will bethere to uh intercept over.12:39 Hey this is Bushmaster Seven; we're coming up on B... on the ass end of the Brads.12:54 Heyuh, Bushmaster Element; this is Copperhead One-Six break.13:00We're moving in the vicinity ofthe engagement area and looks like we^ve got some slightmovement fiom ah, the ah van that was engaged.13:06 Looks likeakid. Over.13:IlThis is Bushmaster Seven, roger. tJh,we're aboutahundred meters behind you.13:16Gotthatbigpile,totheright713:18Roger, you gonna pull in here7 Do you want me to push stuff so you can, uh, get clear ofit713:21 Right on the eomer713:22 Whatsthat713:23 Got that big pile ofbodies to the right, on the comer713:24Yeah,righthere13:25Wegotadismounted infantry and vehicles, over.13:30 Again, roger.13:31And clear.13:48 There's the Bradley right there.13:51 Got ^em.14:00 Hotel t^o-six; are you uh at this grid over714:05YeahIwanted to get you around so didn^t you just get that one dude to scare them allaway.It worked out prefty good.I4:llldidn^t want those tuckers to run away and scatter.14:12Yeah14:15 BushmasterSix; HotelTwoSix. Roger,we linked up with our two element they are allmounted up in our trucks break.14:23 Wemoved south so that we could ah possibly intercept personnel beingfiushedsouth. Sowe are vicinity Fifth Street14:30 And ah phase line Gadins. Over.14:37Bring the trucks in, cordon this area off.14:39Can we move the Bradley tbrward so we can bring trucks in and cordon off this area.14:44 If the Bradleys could take the south cordon, that could help outalot3550414:53 Bushmaster or elementWhich Element called in Crazyhorse to engage the eightelemeightmenteamontopofaroot715:02 BushmasterSix; this is HotelTwoSix. Uh,Ibelieve that was me.15:07 They uh had AK47sand were to our cast, so, where we were taking small arms fire.Over.15:20 Hotel Crazyhorse One-Eight15:26 Crazyhorse One-Eight; this is HotelTwoSix.15:28YeahTwoSix. One Eightljust also wanted to make sure you knew that we hadaguywith an RPG cropping round the comer gefting ready to fire on your location.15:36 Thats whywe ah, requested permission to engage.15:40 Ok, roger thatTango mike.15:46 HotelTwoSix; do you understand me, over715:5Ildid not copy last, uh, you got stepped on. Say again pleased16:00 They cordoned offthe building that the helicopters killed the personnel on.16:04 Don^t go anywhere else we need to cordon off that building so we can get on topoftheroofand SSC the building. Over.16:13 HotelTwoSix; Crazyhorse One-Eight16:16This is HotelTwoSix.16:19 Hey, whoever was talking about rooftops, know that all the personnel we engaged wereground level.Isay again ground level.16:27 Rogerlcopy ground level.Over.16:30 One-Eight roger.16:33 Canlgetagrid to that one more time please7I6:36Target twenty.16:36 Roger.16:40You want me to take over talking to them716:42 S'alright16:46 Seven Six Romeo Over.16:49 Roger, fve got uh eleven Iraqi KIAs. One small child wounded. Over.16:57 Roger. Ah danm Oh well17:04 Roger, we need, we needauh to evac this child. Ah, she^s gotauh, she^s gotawound tothe belly.17:10Iean't do anything here. She needs to get evaced. Over.17:I8Bushmaster Seven, Bushmaster Seven; this is Bushmaster Six Romeo.17:20Weneed your location over.17:25 Roger,we^re at the location where Crazyhorse engaged the RPG tire break.17:37 Grid five four five eight.17:46Well its their fault tor bringing their kids intoabattle.17:48 Thatsright17:56 Got uh, eleven.18:01Yeahuh,roger.We're monitoring.18:02 Sorry3550518:04 No problem18:07 Correction eight six one-six.18:16Looking tor more individualssouth.I8:18BushmasterSixBushmaster Seven.18:29 That guy just drove overabody.18:31Ha,ha,didhe718:32Yeah18:37 Maybe itwasjustavisual illusion, but it looked like i t18:41 Well, they^redead, so.18:44 BushmasterSix; HotelTwoSix over.18:56 Six; this is Four.Igot one individual looks like he's got an RPG round laying underneathhim. Break.19:05 Probably like to get...19:10Lookatthat19:12 Bushmaster Six; HotelTwoSix over.19:29 BushmasterSix; Romeo HotelTwoSix over.19:44 BushmasterSix; HotelTwoSix over.19:56 HotelTwoSix; Bushmaster Seven co-located with Six.20:08 HotelTwo-Six; Bushmaster Seven.20:10Bushmaster Seven; HotelTwoSix over.20:14Roger,wegotalittle girl who needs to be evaced.What's your location over720:22 On route Gadins,Iam all the wayto the south. Solam Gadins and Fifth Street20:28 Isay again Gadins and Fifth Street, over.20:40 Bushmaster Seven; HotelTwoSix. Do you want us to push to your locations20:55 Hey,uh,Ineed to get the Brads to drop radslgotawounded girl we need to take hertoRustamyan.21:04 Bushmaster Seven; HotelTwo-Six.Do you want us to move to your location over721:30 BushmasterSix; HotelTwo-Six over.21:34 HotelTwoSix; this is Bushmaster Seven. Roger, come to our location.21:390kay,roger,we're moving up north on Gadins and then we will push east to your location.22:06 Bushmaster elements be advised we have friendlies coming fiom the south to yourlocation. Over.22:13 All right, got'em moving up fiom the south.22:35 Bushmaster elements be advised we are coming up from the east over.23:49 Hey OneTwo;tbllow me over, f m going to try and get out ofhere as quickly as possible.24:10You guys all right back there724:13Yeah,we're with you.24:35 Lofta guys down there.24:37 Oh yeah24:37 Came out ofthe woodwork.24:38 This is Operation, ah, Operation Secure.25:16Yeah we have fifty rounds left.83550625:17Yep25:19Two-Six; Six Romeo over.25:21Two Six; Romeo over.25:23 Hey roger, what's your current location over725:47 Six; speak it's Romeo.25:50 Three Six Romeo; Six Romeo over.25:52 Roger, at the six once its back on this guy.25:56 Lost him.26:00 What'shegotforus726:01 Standby.26:06 HotelTwoSix; Crazyhorse OneEight26:21 Hey,did you got action on that target yet over726:25 Speak to Charlie roger.26:32 HotelTwoSix; Crazyhorse OneEight26:55 BushmasterSix; Crazyhorse OneEight26:59 Roger, you have traffic over.27:02 Roger. t^,just wondering ifyou had anything else you wanted us to drive on727:08Yeah roger keep on, ah, for the time being over.27:llSix calls Six Romeo.Can you tell battalion that two civilian children casualties arecomingback to Rustamyan in the Bradley over.27:26 Six calls Six Romeo.27:29 BushmasterSix Copper White Six.27:32 Copperhead White Six; this is Bushmaster Six Romeo over.27:36 Roger, thatsanegative on the evae of the two, ah, civilian, ah, kids to, ah, rusty they'regoing to have the IPs link up with us over here. Break. IPs will take them up toalocal hospitalover.27:50 Copy over.That'sagood copy over.27:54 One six ohover.28:08 Where they^re all going to.28:10Sayagain728:12 Where all those dismounts are going to728:18Going into this hous-.Sorry29:29 ThreeSix, Three Six; Bushmaster Six Romeo over.29:37 Six Romeo, Six Romeo.29:39 Roger, Bushmaster Seven wants an up on all personnel in your platoon over.29:44 Roger.30:08 ...triendlies on the roof30:10Crazyhorse OneEight; this is Bushmaster Four over.30:12 Bushmaster Four; this is Crazyhorse One Eight30:15 Roger,lean ah hear small arms fire fiom your engagement area at two zero zero zero ahabout three hundred meters fiom that objective over.3550730:27 Crazyhorse; from whatlunderstand small arms fire at two zero zero zero degrees aboutt^o hundred meters.30:39 Just to the southwest30:41 Yup.30:49 Right about where we engaged.30:51Yeah, One of them with that RPG or whatever.30:55 He^s gotaweapon. Got a n R K A K 47.30:58 HotelTwoSix; Crazyhorse One Eight31:02 Gonna lose him.31:03 Crazyhorse OneEight this is HotelTwoSix over.31:08 Roger, have another individual withaweapon.31:I0Dammit, they're in the same building.31:12 Hey roger that,just make sure that ah, you're firing fiom west to cast over.31:16Just went in the building.31:18CrazyhorseThree and Four will be on their way.31:21The individual walked into the building previously past grid. So there's at least sixindividuals in that building with weapons.31:30Wecan putamissile in i t31:31Ifyou^dlike, ah, Crazyhorse One-Eight could putamissile in that building.31:46 Itsatriangle building. Appears to be ah, abandoned.31:51Yeah, looks like its under construction, abandoned.31:52 Appears to be abandoned, under construction.31:56 Uh,likelsaid, six individuals walked in there fiom ourprevious engagement32:01Crazyhorse One Eighth this is Bushmaster Six Romeo. If you^vePIDed the individuals inthe building with weapons, go ahead and engage the building over.32:08 Crazyhorse One Eight; will be coming up north to south engaging withHellfire.32:13 All right, I'm going to do manual.32:17Allright,we've been cleared to engage with...32:18This is Bushmaster Six Romeo.Crazyhorse One Eight is going to be engaging north tosouth with Hellfire missiles over.32:24ThisisHotelTwo-Six. Roger.32:26 All right, you ready732:27 No, I'm trying to get over to the November.Trying to find the tucking...32:33 This is BushmasterSix.Has that RPG round been extended already or is it still live, over.32:38 Looks live to me.32:40 Let me know when you^re going to fire.32:44 All right, I^m tucking havingabrain fart.Where's the man advaneement732:48 You got one on the clutch on the bottom left on your left door.32:54 Roger let me stand by.32:57 Gotit732:59 No33:03 Allright103550833:09 Let me just putakilo in there.33:12 0k33:15 Gotit733:21 Putakilo in733:22 All right, let me get back.33:26 f m gonna come around, get some more distance.33:27 Roger that, you^re clear.33:33 Got more individuals in there.33:36You wanna hit fiom north to south or you wanna go from west to east7Idon't wanna firewith the triendlies right there, you know.33:4IYeah, go north to south.33:53 Right, come around, right33:56 I'mjust gonna put one or two in, ifthey want any more.34:09 Right34:12 Found the missile.34:15Roger, I'll get you in this straight34:16You^re clear.34:17I'm tiring.34:26Targethit34:28 It wasamissile.34:29 Left34:32You^re clear. I'm above you.34:36 Crazyhorse One Eight; was that explosion you engaging over734:38 Crazyhorse One Eight, roger.Engaging building with one hellfire.34:46 Let's come around and we'll clearthe smoke. We'll fire one more.34:50 Hey uh,we're going to wait tor the smoke to clear.34:52Yes Crazyhorse One Eight now.We're going to put one more missile into the building.34:57Yeah, did it ah, go in the building7Isee the wall knocked out ofthe way.34:59Yeah,itwentin.35:01 Bushmaster Six Romeo; this is HotelTwoSix.Yeah roger, that was Crazyhorse engagingwith one Hellfire over.35:10Yeahroger,IgotaNovemberifyouwant35:12 Fire away.35:I3Youwantustofire735:18Youready735:19Yep35:20 Bushmaster Six Romeo.They are going to engage ah,with one more Hellfire in thatbuilding.35:24 Uhshit,whyIdoIhaveAPfiashing on there735:47We^re not even going to watch this tucking shit735:49 Till next one. It won^t come around,Ineedalittle more distance.35:53 Still wantme to shoot7113550935:57 You guys, following hot35:59 Roger.36:13You are clear.36:14Roger.36:16You going to bring up the missile736:18Roger36:19 And firing.36:20 Come down7 There you go.36:23 Fire36:24Allright36:28 I've got, ah backscatter.36:30 All right, come around.36:32 Roger.36:34 Coming around left, backscatter.36:53 There it goes! Look at that bitch go!36:56 Patoosh!37:03 Ah, sweet37:07 Needaliftle more room.37:09 Nice missile.37:llDoesitlookgood737:12 Sweet37:16Uh,youready737:18Roger37:30 There'salot of dust37:36 CrazyhorseOneEight; this is HotelTwoSix. Was thereaBDA737:40 This is Crazyhorse OneEight Stand by,engaging with another Hellfire.37:43 Allright37:45You're clear.37:47 Lemme know when I'm clear.37:50 Rogerthat37:59 Alright, he wasn^t38:02 HotelTwoSix; Crazyhorse OneEight38:07 Go ahead, Crazyhorse One Eight38:09 Roger, building destroyed. Engaged with three hellfire missiles.1235510Prosecution Exhibit l^Transeript of Video00:03 Okaylgotit00:05 Last conversation HotelTwo-Six.00:09 Roger HotelTwoSix, uh,Victor Charlie Alpha. Look, do you want your HotelTwo-Twotwo element00:141gotablaek vehicle under target Its arriving right to the north ofthe mosque.00:17Yeah,Iwould like that Over.00:21 Moving south by the mosque dome. Down that road.00:27 Okay we gotatarget fifteen coming at you. Itsaguy withaweapon.00:32 Roger.00:39 There^sa00:42 There's about, ah, four or five...00:44 Bushmaster Six copy One Six.00:48 ...this location and there's more that keep walking by and one ofthem hasaweapon.00:52 Roger received target fifteen.00:55 Okay00:57 See all those people standing down there.01:06 Affirmed. And open the courtyard.01:09Yeahroger.Ijust estimate there's probably about twenty of them.01:13 There's one, yeah.Ol:150hyeah01:18Idon^t know if that's a..01:19Hey Bushmaster element, copy on the one-six.01:21Thatsaweapon.01:22Yeah01:23 HotelTwo-Six; Crazy Horse OneEight01:29 Copy on the one six, Bushmaster Six Romeo. Roger.01:32 Fucking prick.01:33 HotelTwo-Six this is Crazy Horse One-Eight Have individuals with weapons.01:41 Yup.He^s gotaweapon too.01:43 HotelTwo-Six; Crazy Horse One-Eight Have five to six individuals with AK47s.Request permission to engage.01:51 Rogerthat tJh,we have no personnel east of our position. So, uh, you arefieeto engage.Over.02:00 All right, we'll be engaging.02:02 Roger, go ahead.02:03 I'm gonna...Ican^t get'em now because they^re behind that building.02:09 Um, hey Bushmaster element...02:10He^sgotanRPG02:11A11 right, we gotaguy with an RPG.02:13 I'm gonna fire.02:14Okay3551102:15No hold on. Let's come around. Behind buildings right now fiom our point ofview....Okay,we're gonna come around.02:19HotelTwoSix; have eyes on individual with RPG.Getting ready to fire.Wewon't...02:23 Yeah, we hadaguy shoot—and now he's behind the building.02:26 God damn i t02:28 L^, negative, he was, uh, right in front of the Brad. Uh,^bout, there, one o'clock.02:34 Haven^t seen anything since then.02:36 Justftiekin^,oneeyou get on ^em just open ^em up.02:38 Roger,Iam.02:40Isee your element, uh, got about tour Humvees, uh, out along...02:43 You^reelear02:44 Allright, firing.02:47 Let me know when you've got them.02:49 Lets shoot02:50 Light'emall up.02:52 Come on, fire!02:57 Roger. Keep shooting, keep shooting.02:59 keep shooting.03:02 keep shooting.03:05 Hotel..BushmasterTwoSix, BushmasterTwo-Six, we need to move, time now!03:10A11 right, we just engaged all eight individuals.03:12Yeah, we see t^o birds and we're still firing.03:14Roger.03:15Igot'em03:16Twosix, this isTwo-Six, we're mobile.03:19Oops, I'm sorry what was going on703:20Goddanmit,Kyle.03:23 All right, hahaha,lhit'em.03:28 Uh,you'reclear.03:30 All right, fmjust trying to find targets again.03:38 BushmasterSix, this is BushmasterTwoSix.03:40 Gotabunchofbodieslayin^ there.03:42 All right,we got about, uh, eight individuals.03:46Yeah,we got one guy crawling around down there, but, uh, you know,we got, definitelygot something.03:51 We're shooting some more.03:52 Roger.03:56 Hey,youshoot, HI talk.03:57 HotelTwoSix; Crazyhorse One Eight04:01 Crazyhorse OneEight; this is HotelTwoSix.Over.04:03 Roger. Currently engaging approximately eight individuals, uhKIA,uh RPGs, and AK47s3551204:12 HotelTwoSix, you need to move to that location once Crazyhorse is done and getpictures. Over.04:20 Six beacon gaia.04:24SergeantTwenty is the location.04:28 HotelTwo-Six; Crazyhorse OneEight04:31Oh, yeah, look at those dead bastards.04:36Nice.04:37TwoSix; Crazyhorse OneEight04:44 Nice.04:47 Good shoot04:48 Thankyou04:53 HotelTwo Six04:55 HotelTwoSix; Crazyhorse OneEight05:03 Crazyhorse One Eight; Bushmaster Seven. Go ahead.05:06 Bushmaster Seven; Crazyhorse OneEight tJh, location ofbodies, Mike Bravo fivetburfiveeighteightsix-one-seven.05:15Hey,goodontheuh...05:17Fivetburfive-eighteightsixone-seven.Over.05:21 This is Crazyhorse OneEight, thatsagood copy. They're onastreet in fiont of an open,uh, courtyard withabunchofblueuh trucks, bunch of vehicles in the courtyard.05:30 There^s one guy moving down there but he^suh, he's wounded.05:35 All right, we'll let'em know so they can hurry up and get over here.05:40 One Eight, we also have one individual, uh, appears to be wounded trying to crawl away.05:49 Roger,we^re gonna move down there.05:51 Roger,we^ll cease fire.05:54Yeah,wewon^t shoot anymore.06:01 He's gettingup06:02 Maybe he hasaweapon down in his hand706:04 No,Ihayen^t seen one yet06:07 Isee you guys got that guy crawling right now on that curb.06:08 Yeah,Igot him.Iput two rounds near him, and you guys were shooting over there too, souh we'll see.06:14Yeah, rogerthat06:16BushmasterThirtySix Element; this is uhHotelTwoSeven over.06:21 HotelTwo-Seven; Bushmaster Seven go ahead.06:24Rogerfm just trying to make sure you guys have my turf, over.06:31Rogerwe got your turf06:33 Come on, buddy.06:38 All you gotta do is pick upaweapon.06:44 Crazyhorse this is Bushmaster Five, Bushmaster Four break.Weare right below you righttime now can you walk us onto that location over.06:54 This isTwo-Six roger. HI popfiares.Wealsohave one individual moving.We^re looking35513tbrweapons. If we seeaweapon,we're gonna engage.07:07YeahBushmaster,we haveavan that's approaching and picking up the bodies.07:14Where'sthatvanat707:15Right down there by the bodies.07:I6Okay,yeah.07:18Bushmaster; Crazyhorse.Wehave individuals going to the scene, looks like possiblyuhpicking up bodies and weapons.07:25 Let me engage.07:28 Can1shoot707:31Roger. Break. tJh Crazyhorse One Eight request permission to uh engage07:36 Picking up the wounded707:38 Yeah, we're trying to get permission to engage.07:41Comeon,letusshoot!07:44 Bushmaster; Crazyhorse One Eight07:49 They're taking him.07:51 Bushmaster; Crazyhorse One Eight07:56 This is Bushmaster Seven, go ahead.07:59 Roger.WehaveablackSUV-uh Bongo truck picking up the bodies.Request permissionto engage.08:02 Fuck08:06 This is Bushmaster Seven, roger.This is Bushmaster Seven, roger. Engage.08:12 One Eight, engage.08:12 Clear08:13 Comeon!08:17Clear08:20Clear08:21 We^re engaging.08:26 Coming around. Clear.08:27 Roger.Trying to uh...08:32 Clear08:35 Ihear^emco..llost'eminthedust08:36 Igot'em.08:41Pmfiring08:42 This is Bushmaster Forty got any BDAon that truck. Over.08:44You'reelear08:47This is ah Crazyhorse. Standby.08:47Ican^t shoot for some reason.08:49Go ahead08:50Ithinkthevan^s disabled08:53 Go ahead and shoot i t08:541got an azimuth limit tor some reason09:00Goleft3551409:03 Clearleft09:15 All right, Bushmaster Crazyhorse One Eight09:20Avehicle appears to be disabled.09:22 There were approximately four to five individuals in vehicle moving bodies.09:28Your lead Bradley should take the next right09:31Thats cruising east down the road.09:34 No more shooting.09:38 Crazyhorse; this is Bushmaster Four.We'removingadismounted element straight souththrough the Bradleys.09:44Ihave your Elemuh, Bradley element turning south down the road where theengagements were.09:53 Last call on station^suh Bradley element say again.09:56 Rogerthis is Crazyhorse.09:58Your lead Bradley just turned south down the road where all the engagements happened.10:03 Should haveavan in the middle of the road with about twelve tofifteenbodies.10:llOh yeah, look at that Right through the windshield!I0:14Haha!10:16A11 right There were uh approximately tour to five individuals in that truck, so I'mcounting about twelve to fifteen.10:24Iwould say that'safairly accurate assessment so tar.10:27 Rogerthat10:29Iwant to just be advised Six, Bushmaster Six are getting mounted up right now.10:35 Okay,roger. Hey,wecan^t fiex down that road towards that, uh,where Crazyhorseengaged.10:43So,uh,ldon^tknowifyouwantustodosoorstayputOver.10:46 Why can't they go down there710:56Ithink we whacked ^em all.10:58 That'sright, good10:59This is HotelTwoSix.11:03 Hey you got my dismounted element right there over to your left.11:06 Roger,lsee^em.I L l l H e y yeah, roger, be advised, there were some guys popping out with AKs behind that dirtpile break.ll:19Wealso took some RPGs off, uh, earlier, so just uh make sure your men keep your eyesopen.11 26 Roger.11 27And,uh, Bushmaster ahead are, uh, HotelTwoSix; Crazyhorse OneEight11 33 Crazyhorse One-Eight; this is HotelTwo-Six.11 35YeahTwoSix; Crazyhorse OneEight11 37Uh,loeationIhave about twelve tofifteendead bodies.11 42 Uh,where else are we takingfirefiom711 48 Currently we're not being engaged, ah, butjust south ofthat location. Break.35515ll:55You should see dismounted elements with Humvees moving to the cast, over.12:01This is Crazyhorse One-Eight; we have elements in sight12:05 BushmasterThree Six.12:07 I'm gonna get downaliftle lower.12:09 Allright12:10fm gonna come downaliftle lower and takeaquick gander.12:13 Rogerthat12:14Six; this is tbur.We^re headed to the area where Crazyhorse engaged.12:26 BushmasterSix; this is HotelTwo-Six.12:28 Request to go to the south to our original BP so ifyoufiushed them to the south we will bethere to uh intercept over.12:39 Hey this is Bushmaster Seven; we^re coming up on B... on the ass end of the Brads.12:54 Heyuh, Bushmaster Element; this is Copperhead OneSix break.13:00We^re moving in the vicinity ofthe engagement area and looks like we've got some slightmovement fiom ah, the ah van that was engaged.13:06 Looks likeakid. Over.13:11This is Bushmaster Seven, roger. Uh,we^re aboutahundred meters behind you.13:16Gotthatbigpile,totheright713:18Roger, you gonna pull in here7 Do you want me to push stuffso you can, uh, get clear ofit713:21 Right on the eomer713:22 Whatsthat713:23 Got that big pile ofbodies to the right, on the eomer713:24Yeah, right here.13:25Wegotadismounted infantry and vehicles, over.13:30 Again, roger.13:3IAnd clear.13:48 There's the Bradley right there.13:51 Got'em.14:00 Hotel t^o-six; are you uh at this grid over714:05YeahIwanted to get you around so didn^t you just get that one dude to scare them allaway.It worked out pretty good.14:llldidn^t want those ti^ckers to run away and scatter.14:12Yeah14:15 Bushmaster Six; HotelTwoSix.Roger,we linked up with ourt^o element they are allmounted up in our trucks break.14:23 Wemoved south so that we could ah possibly intercept personnel beingfiushedsouth. Sowe are vicinity Fifth Street14:30 And ah phase line Gadins. Over.14:37Bring the trucks in, cordon this area off14:39Can we move the Bradley tbrward so we can bring trucks in and cordon off this area.14:44 If the Bradleys could take the south cordon, that could help outalot3551614:53 Bushmaster or elementWhich Element called in Crazyhorse to engage the eightelemeight-men team on top ofaroot715:02 BushmasterSix; this is HotelTwoSix.Uh,Ibelieve that was me.15:07 They uh had AK-47sand were to our cast, so, where we were taking small arms fire.Over.15:20 Hotel Crazyhorse One Eight15:26 Crazyhorse One Eight; this is HotelTwoSix.15:28YeahTwo-Six.OneEightIjust also wanted to make sure you knew that we hadaguywith an RPG cropping round the comer getting ready to fire on your location.15:36 Thats whywe ah, requested permission to engage.15:40 Ok, roger thatTango mike.15:46 HotelTwo-Six; do you understand me, over715:511didnotcopy last, uh, you gotsteppedonSayagainplease716:00 They cordoned offthe building that the helicopters killed the personnel on.16:04 Don^t go anywhere else we need to cordon offthat building so we can get on top oftheroofand SSC the building. Over.16:13HotelTwoSix; Crazyhorse OneEight16:16This is HotelTwo Six.16:19Hey, whoever was talking about rooftops, know that all the personnel we engaged wereground level.Isay again ground level.16:27 Rogerlcopy ground level.Over.16:30 One-Eight roger.16:33 Canlgetagrid to that one more time please716:36Target twenty.16:36 Roger.16:40You want me to take over talking to them716:42 S'alright16:46 Seven Six Romeo Over.16:49 Roger, fve got uh eleven Iraqi KIAs. One small child wounded. Over.16:57 Roger. Ah damn. Oh well.17:04 Roger, we need, we needauh to evac this child. Ah, she^s gotauh, she's gotawound tothe belly.17:101ean^t do anything here. She needs to get evaced. Over.17:18Bushmaster Seven, Bushmaster Seven; this is Bushmaster Six Romeo.17:20Weneed your location over.17:25 Roger, we're at the location where Crazyhorse engaged the RPG tire break.17:37 Grid five tbur five eight17:46Well it's their fault tor bringing their kids intoabaftle.17:48 That'sright17:56 Got uh, eleven.18:01Yeahuh,roger.We're monitoring.18:02 Sorry.3551718:04 No problem.18:07 Correction eight six one six.18:16Looking for more individualssouth.18:18BushmasterSixBushmaster Seven.18:29 That guy just drove overabody.18:31Ha,ha,didhe718:32Yeah18:37 Maybe itwasjustavisual illusion, but it looked like i t18:41 Well, they're dead, so18:44 Bushmaster Six; HotelTwoSix over.18:56 Six; this is Four.Igot one individual looks like he^s got an RPG round laying underneathhim. Break.19:05 Probably like to get19:10Lookatthat19:12 Bushmaster Six; HotelTwoSix over.19:29 Bushmaster Six; Romeo HotelTwoSix over.19:44 Bushmaster Six; HotelTwoSix over.19:56 HotelTwo-Six; Bushmaster Seven colocatedwithSix.20:08 HotelTwoSix; Bushmaster Seven.20:10Bushmaster Seven; HotelTwoSix over.20:14Roger,wegotaliftle girl who needs to be evaced.Whats your location oyer720:22 On route Gadins,Iam all the way to the south. Solam Gadins and Fifth Street20:28 Isay again Gadins and Fifth Street, over.20:40 Bushmaster Seven; HotelTwoSix. Do you want us to push to your location720:55 Hey,uh,Ineed to get the Brads to drop radslgotawounded girl we need to take hertoRustamyan.21:04 Bushmaster Seven; HotelTwoSix.Do you want us to move to your location over721:30 BushmasterSix; HotelTwoSix over.21:34 HotelTwoSix; this is Bushmaster Seven. Roger, come to our location.21:39 Okay,roger,we're moving up north on Gadins and then we will push east to your location.22:06 Bushmaster elements be advised we have friendlies coming from the south to yourlocation. Over.22:13 All right, got'em moving up fiom the south.22:35 Bushmaster elements be advised we are coming up fiom the east over.23:49 Hey One-Two; tbllow me over, f m going to try and get out ofhere as quickly as possible.24:10You guys all right back there724:13Yeah,we're with you.24:35 Lofta guys down there.24:37 Oh yeah24:37 Came out ofthe woodwork.24:38 This is Operation, ah, Operation Secure.25:I6Yeah we have fifty rounds left.83551825:17Yep25:19TwoSix; Six Romeo over.25:21Two-Six; Romeo over.25:23 Hey roger,what's your current location over725:47 Six^ speak it's Romeo.25:50 Three Six Romeo; Six Romeo over.25:52 Roger, at the six once it's back on this guy.25:56 Lost him.26:00 Whatshegottbrus726:01 Standby.26:06 HotelTwoSix; Crazyhorse One-Eight26:21 Hey,did you got action on that target yet over726:25 Speak to Charlie roger.26:32 HotelTwo-Six; Crazyhorse One-Eight26:55 BushmasterSix; Crazyhorse OneEight26:59 Roger, you have traffic over.27:02 Roger. tJh,just wondering ifyou had anything else you wanted us to drive on727:08Yeah roger keep on, ah, tor the time being over.27:11Six calls Six Romeo. Can you tell baftalion that two civilian children casualties arecomingback to Rustamyan in the Bradley over.27:26 Six calls Six Romeo.27:29 Bushmaster Six Copper White Six.27:32 Copperhead White Six; this is Bushmaster Six Romeo over.27:36 Roger, thatsanegative on the evac of the two, ah, civilian, ah, kids to, ah, rusty they'regoing to have the IPs link up with us over here. Break. IPs will take them up toalocal hospitalover.27:50 That'sagood copy over.27:54 One six over.28:08 Where they're all goingto.28:10Sayagain728:12 Where all those dismounts are going to728:18Going into this hous.Sorry29:29 Three Six,Three Six; BushmasterSix Romeo over.29:37 Six Romeo, Six Romeo.29:39 Roger, Bushmaster Seven wants an up on all personnel in yourplatoon over.29:44 Roger30:08 ...friendlies on the roof30:10Crazyhorse OneEight; this is Bushmaster Four over.30:12 Bushmaster Four; this is Crazyhorse One Eight30:15 Roger,Ican ah hear small arms fire fiom your engagement area at two zero zero zero ahabout three hundred meters fiom that objective over.3551930:27 Crazyhorse; from whatlunderstand small arms fire at t^o zero zero zero degrees aboutt^o hundred meters.30:39 Just to the southwest30:41 Yup30:49 Right about where we engaged.30:51Yeah, One of them with that RPG or whatever.30:55 He's gotaweaponGotanRKAK 4730:58 HotelTwo Six; Crazyhorse One Eight31:02 Gonna lose him.31:03 Crazyhorse One Eight this is HotelTwoSix over.31:08 Roger, have another individual withaweapon.31:10Dammit,they^re in the same building.31:12 Hey roger that,just make sure that ah, you're firing fiom west to cast over.31:16Just went in the building.31:18CrazyhorseThree and Four will be on their way.31:21The individual walked into the building previously past grid. So there^s at least sixindividuals in that building with weapons.31:30Wecan putamissile in i t31:31 If you^d like, ah, Crazyhorse OneEight could putamissile in that building.31:46 Itsatriangle building. Appears to be ah, abandoned.31:51 Yeah, looks like it's under construction, abandoned.31:52 Appears to be abandoned, under construction.31:56 Uh,likelsaid, six individuals walked in there fiom our previous engagement32:01Crazyhorse OneEight; this is BushmasterSix Romeo.If you^vePIDed the individuals inthe building with weapons, go ahead and engage the building over.32:08 Crazyhorse One Eight; will be coming up north to south engaging with Hellfire.32:13 All right, fm going to do manual.32:17A11 right, we've been cleared to engage with...32:18This is Bushmaster Six Romeo.Crazyhorse One Eight is going to be engaging north tosouth with Hellfire missiles over.32:24 This is HotelTwo-Six. Roger.32:26 All right, you ready732:27 No, I'm trying to get over to the November.Trying to find the tucking...32:33 This is Bushmaster Six. Has that RPG round been extended already or is it still live, over.32:38 Looks live to me.32:40 Let me know when you're going to fire.32:44 All right, I^m flicking havingabrain fart.Where^s the man advancement732:48You got one on the clutch on the boftom left on your left door.32:54 Roger let me stand by.32:57 Gotit732:59 No33:03 Allright103552033:09 Let me just putakilo in there.33:12 0k33:15Gotit733:21 Putakilo in733:22 Allright, letme get back.33:26 I'm gonna come around, get some more distance.33:27 Roger that, you^re clear.33:33 Got more individuals in there.33:36You wanna hit fiom north to south or you wanna go fiom west to east7Idon'twanna firewith the triendlies right there, you know.33:41Yeah, go north to south.33:53 Right, come around, right33:56 I'mjust gonna put one or two in, iftheywant any more.34:09 Right34:12 Found the missile.34:15 Roger, I'll get you in this straight34:16You're clear.34:17I'm tiring.34:26Targethit34:28 It wasamissile.34:29 Left34:32You're clear, f m above you.34:36 Crazyhorse One Eight; was that explosion you engaging over734:38 Crazyhorse One Eight, roger. Engaging building with one hellfire.34:46 Lets come around and we'll clear the smoke.We'Il fire one more.34:50 Hey uh,we're going to wait tor the smoke to clear.34:52Yes Crazyhorse One Eight now.We're going to put one more missile into the building.34:57Yeah, did it ah, go in the building7Isee the wall knocked out ofthe way.34:59Yeah,itwentin.35:01 Bushmaster Six Romeo; this is HotelTwo-Six.Yeah roger, that was Crazyhorse engagingwith one Hellfire over.35:10Yeahroger,IgotaNovemberifyouwant35:12 Fire away.35:13Youwantustofire735:18Youready735:19Yep35:20 Bushmaster Six Romeo. They are going to engage ah, with one more Hellfire in thatbuilding.35:24Uh shit, whyldoIhaveAPflashingon there735:47We^re not even going to watch this flicking shit735:49 Till next one. It won^t come around,lneedaliftle more distance.35:53 Still want me to shoot7II3552135:57 You guys, following hot35:59 Roger36:13You are clear.36:14Roger.36:16You going to bring up the missile736:18Roger36:19 And firing.36:20 Come down7 There you go.36:23 Fire36:24Allright36:28 fve got, ah backscafter.36:30 All right, come around.36:32 Roger36:34 Coming around left, backscafter.36:53 There it goes! Look at that bitch go!36:56 Patoosh!37:03 Ah, sweet37:07 Needalittle more room.37:09 Nice missile.37:11Doesitlookgood737:12 Sweet37:161^, you ready737:18Roger37:30 There'salot of dust37:36 Crazyhorse One-Eight; this is HotelTwoSix.Was thereaBDA737:40 This is Crazyhorse OneEight Stand by,engaging with another Hellfire.37:43 Allright37:45You'reclear.37:47 Lemme know when I'm clear.37:50 Rogerthat37:59 Alright, he wasn^t38:02 HotelTwoSix; Crazyhorse One Eight38:07 Go ahead, Crazyhorse One-Eight38:09 Roger, building destroyed. Engaged with three hellfire missiles.1235522UNITED STATES OF AMERICAWitness List Orderand Proposed PEsProseeutionWitnessesl^auning, Bradley E.PFCUSArmy,HHC, U.S. Army Garrison,Joint Base l^yer-Henderson HailFortl^yer,Virginia 2^2112^June2t^l3The United States hereby submits the following order for the remaining witnesses the UnitedStates intends to call in the above-captioned court-martiat ^^(X)" is placed next to each witness to whomthe United States and defense are willing to stipulate. An^^^"denotestheGovemment'srequirementtosend the agreed upon stipulation to the equity holder tor classification and/or clearance by the seniorUnited States Government official. The Prosecution Exhibit (PE) number is next to each stipulation fullyexecuted and already admitted asaPE. A^^^"denotes an anticipated closed session to elicitaportion ofthewitness'stestimony.1.2.3.4.5.6.7.Wednesday. 26 JuneMr. WisecarverDr. Johnson, GlennMr. Janek -(X)*Mr. Mundy -(X)*SA Rock -PE 79SA Ellis -PE 77Mr. Downey -PE 149SA Shaver ~Thursday. 27 JuneMs.Thian-PE 1509.10 AMB Pearce -(X)*11 AMB Seche -(X)*12. AMB Yamamoto-(X)*13. Mr. Yun-(X)*14. Mr. Feeley -(X)*15. Mr. Moore-(X)*16. AMB Yavonovitch -(X)*17. Mr. Pittman-(X)*1 Mr. Murphy -(X)*19. SA Bettencourt-PE 7620. CDR Aboul-Enein -(X)21.22.23.24.25.26.27.Friday, 28 JuneSPC MarshallMr. AdkinsCPT LimCOL MillerMr. Lewis ~#23 -(X)*#107 -(X)*This list only accounts for the witnesses from the Government's witness list which the UnitedStates presently intends to call. Based on the evidence presented, the United States reserves the right toaugment this list with witnesses previously disclosed on the Government's witness list. Additionally, theorder listed above could change based on the presentation of evidence and testimony.iSHDEN FEINMAJ, JATrial CounselI certify that I served or caused to be served a true copy of the above on Mr. David Coombs,Civilian Defense Counsel, on 25 June 2013.ASHDEN FEINMAJ, JATrial CounselSl£PAG35523UNITED STATES OF AMERICAV.PROSECUTION MOTIONFOR JUDICIAL NOTICEManning, Bradley E.PFC, U.S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 2221125 June 2013CORRECTED COPYRELIEF SOUGHTCOMES NOW the United States of America, by and tlu'ougli undersigned counsel, andrespectfully requests this Court takejudicial notice of the following adjudicative facts:Adjudicative Facts: WildLeaks Releasesa. WikiLeaks released a video titled "Collateral Murder" on 5 April 2010;b. WikiLeaks released more than 390,000 recordsfromthe Combined Infonnation DataNetwork Exchange (CIDNE) Iraq database on 22 October 2010;c. WikiLeaks released more than 75,000 records from the CIDNE Afghanistan databaseon 25 July 2010;d. WikiLeaks released more than 700 detainee assessments produced by Joint Task ForceGuantanamo (JTF-GTMO) on 25 April 2011;e. WikiLeaks released a memorandum produced by the Aimy Counterintelligence Centertided "Wikileaks.org—An Online Reference to Foreign Intelligence Services, Insurgents, orTerrorist Groups?" on 15 March 2010;Adjudicative Facts: Salary of Servicemembers and Government Employeesf. The monthly base salaiy for Servicemembers at the rank of Specialist, E-4, was$1,502.70 in 2003, $1,558.20 in 2004, $1,612.80 in 2005, $1,662.90 in 2006, $1,699.50 in 2007,$1,758.90 in 2008, $1,827.60 in 2009, and $1,889.70 in 2010;g. The yearly base salary for government employees at the grade of 12 on the GeneralSchedule (GS) scale was $51,508 in 2003, $52,899 in 2004, $54,221 in 2005, $55,360 in 2006,$56,301 in 2007, $57,709 in 2008, $59,383 in 2009, and $60,274 in 2010;Adjudicative Facts: Reference Materialsh. The existence of Army Regulation (AR) 25-1, dated 13 November 2007, specificallyparagraphs 1-1, subparagraphs (a) and (b) of 1-7, and subparagraphs (d), (e), and (f) of 6-1 andthe definition found in AR 25-2 of "Information System;"1APPELLATE ^ ' ^ _ ^ ^ 2 kPAGERhFERi%—PAGEOFPAGES35524i. The existence ofDoD5400.11-R:DepaihiientofDeIense Privacy Program, datedl4May2007,specificaIlyAppendixlandthedefinitionof"PersonalIntbrmation;"Adjudicative Facts: Miscellaneousj . Thanksgivingof2009 occurred on26November2009;k. The tei^,".is,"is the top level internet domain oflceland;L Johanna Sigurdardottirwas the Prime Ministeroflceland fiom Febi^aiy2009^May2013,OssurSkarphedinsson was the Icelandic Minister for Foreign Affairs fiom Febi^ary2009^May20I3,AlbertJonsson was the Icelandic Amhassadorto the United States fiom 2006-2009,andBirgiftaJonsdottir has heenamember ofthe Icelandic pariiamentsince 2009; andm. Tlie Inteinet chat lingo and theirmeanings in Enclosure 13 aresynonymous.BURDEN OFPERSUASION AND BURDEN OFPROOFTheburdenofproofonanyfactualissuetheresolutionofwhichisnecessarytodecideamotionshall be bypreponderance ofthe evidence. Rule IbrCourtsMartial (RCM) 905(c)(1).The burden ofpeisuasion on anyfactual issue the resolution ofwhich is necessaryto decideamotion shall be on the movingparty. RCM 905(c)(2). The United States has the burden ofpersuasion as the movingpaity^FACTSThe accused is charged with givingintelligence to the enemy,in violation of Article 104,Uniterm Code ofMilitary Justice (UCMJ). The accused is also charged with eight specificationsallegingmisconduct in violation ofl8U.S.C.^793(e), five specifications allegingmisconductinviolation ofl8U.S.C.^641,two specifications allegingmisconductin violation ofl8U.S.C.^1030(a)(1),five specifications allegingmisconduct in violation ofArticle 92, UCMJ,and onespecification alleging misconduct preiudicial to good order and discipline and servicediscrediting^Charge SheetWITNESSES/EVIDENCEThe United States does not request any witnesses be produced fbrthis filing. TheUnitedStates requests that this Court considerthe Charge Sheet and the enclosures to this motion.LEGALAUTHORITY AND ARGUMENTAjudiciallynoticedfiict "must be one not subject to reasonabledispute in thatitis either(l)generally known univeisaIIy,locally,orin the area pertinent to the event or (2) capableofaccurate and ready determination byresort to sources whose accuracy cannot reasonably be23questioned."MilitaryRuleofEvidence (MRE) 201(b);35525M.J.383 (C.M.A.1987). Judicial notice offacts seiv^es asasubstitute lor testimonial,docurhentary,orreal evidence.Stephen A. Saltzburg, etal.,^^/^^^^^ 7^^^/^.^ ^.^v^^^^^^^^^^^^^/^201.02^1j(7thed.2011). Additionally,judiciaInoticepromotesjudiciaI economy as itrelievesaproponent fiom Ibrmallypioving certain tacts thatareasonable person would notdispute. ^^^/^.AdjudieativeFaets: Wil^eal^sReleasesa. WikiLeaks releasedavideo titled "CoIlateraIMuider"on5April 2010.The fact that WikiLeaks releasedavideo titled "Collateral Murder" on5April2010isatact generally known or, ataminimum,capableof accurate and ready determination byresort tosources whose accuracy cannot be reasonably questioned. This tact was reported in severalmedia sources, as well as in the Infi^rmationReviewTaskForce(IRTF) impact statement.Enclosurel;^^^ ^/^^ Enclosure to Appellate Exhibit(AE) 132, atl02. The video released byWikiLeaks is an edited version ofthe video thatfi:^rmsthe basis ofSpecification2of Charge ILThe factthat WikiLeaks released this video on5April2010isrelevanttoSpecification2ofCharge II,aspecification to which the accused has pled notguilty to the charged oflense. Thetactthat WikiLeaks released this video on5ApriI2010makesitmore probable thannotthat thevideo was closely held priorto5April 2010.^^^ MRE 401;^^^^^^ Charge Sheet.b. WikiLeaks releasedmorethan390.000 records fiom the CIDNE Iraq databaseon 22October20I0.The tact that WikiLeaks released more than 390,000 records fiom the CIDNE Iraqdatabaseon22October2010isafactgenerallyknownor,ataminimum, capable of accurateand ready detemiination by resort to sources whose accuracy camiot be reasonably questioned.This tact was reported in several media sources, as well as inapress release by the DepartmentofDelenseandinthelRTFimpactstatementEnclosure 2;^^^^^^ Enclosure to AE 132, at34.The tact that WikiLeaks released more than 390,000 records fiom the CIDNE Iraqdatabase on 22 October 2010isrelevanttoSpecifications4and5ofCharge II, twospecifications to which the accused has pled not guiltyto the charged oflenses. The fact thatWikiLeaksleleasedmore than 390,000 records fiom the CIDNE Iraq databaseon 22 October2010makesitmore probable than not thatthe accused stole, purloined, or knowingly convertedthose records between on orabout31December 2009 and on or ahout5Januaiy 2010. Further,the fact that WikiLeaks released these records makes itmore probable than not that therecordswere closely held priorto 22 October 2010.^^^ MRE 401;^^^^/^^ Charge Sheetc. WikiLeaks released more than 75.000 records fiom the CIDNE Afghanistan databaseon25July2010The fact that WikiLeaks released more than 75,000 records fiom the CIDNE Afghanistandatabase on25 July 2010isalact generally known or, ataminimum, capable of accurateand35526readydeterminationbyresorttosouiceswhoseaccuiacycannotbeieasonablyquestioned.Thistact was reported in several media sources, as well as inapress release by the Department ofDelense and in the IRTF impact statement.Enclosure3;^^^^^^^ Enclosure to AE 132, at10.The fact that WikiLeaks released more than 75,000reeoids fiom the CIDNE Afghanistandatabase on25 July 2010is relevant to Specifications6and7of Charge II, two specifications tovyhich the accused has pled notguiltyto the charged oflense. The fact that WikiLeaks releasedthese records on25 July 2010makesitmoieprobablethannotthatthe accused stole, purloined,or knowingly converted those records between on or about31December2009 and on or about8January2010. Further, the tact that WikiLeaks released these records on 25 July 2010makes itmore probable thannot that the documents were closely held priorto 25 July 2010.^^^ MRE401;^^^^^^ Charge Sheetd. WikiLeaks released more than 700 detainee assessments produced by JTF-GTMO on25Apiil201LThe tactthat WikiLeaks released more than 700 detainee assessments produced by JTFGTMO on25 April 2011isafact generally known or, ataminimum, capable of accurate andready determination byresort to sources whose accuracy cannot be reasonably questioned. Thistactwas reported in several media sources, as well as inapress release bythe Department ofDefense and in the IRTF impact statementEnclosui^ 4;^^^^^^ Enclosure to AE 132, at58.The tact that WikiLeaks released more than 700 detainee assessments produced by JTFGTMOon25 April 2011is relevant to Specifications8and9ofCharge II, two specifications towhich the accused has pled not guiltyto the charged offenses. The fact that WikiLeaks releasedthese records on 25 April 2011makes itmore probable thannot thatthe accused stole, purloined,or knowingly converted those records on or about8March 2010. Further, the fact thatWikiLeaks released these records on25 April 2011makesitmoreprobable than notthat thedocuments weieclosely held priorto 25 April 2011.^^^ MRE 401;^^^^^^^ Charge Sheet.e. WikiLeaks leleasedamemoiandum produced bythe Army Counterintelligence Centertitled "Wikileaks.org—An Online Releience to Foreign Intelligence Sei^ices. Insurgents, orTerioristGrouns7"onl5March2010.The tact that WikiLeaks released the aboyeiecoidonl5March2010isafact generallyknown or, ataminimum, capable of accurate and ready determination byresort to sources whoseaccuracy cannot be reasonably questioned. This fact was reported in several media sources, aswell as in the IRTF impact statement ^^^Enc1osure5;^^^^/.^^ Enclosure to AE 132, at 97. Thisrecord fbi^s the basis ofSpecificationl5 ofCharge II.The fact that WikiLeaks released this record onl5March2010is relevant toSpecification 15of Charge I1,aspecification to vyhich the accused has pled not guilty to thecharged ofiense.The tact that WikiLeaks released this record on 15 March 2010makes itmore35527probable thannot that the record was closely held priorto 15 March 2010.^^^ MRE 401;.^^^^/^^ Charge SheetAdjudicative Facts: SalaryofServieemembers and GovernmentEmployeesf. The monthly base salaiy for Servicemembers at the rank ofSpecialist. E-4. was$1.502.70in2003.$L55820in2004.$1.612.80in2005.$L662.90in2006.$L69950in2007.$L758.90in2008.$1.827.60in2009.and$1.88970in2010.The lact that Servicemembers at the rank ofSpecialist, E-4, earned the above monthlybase salary fiom 2003-2010isafaet generally known or, ataminimum, capable of accurate andready determination by resort to sources whose accuracy cannot be reasonably questioned. Thebase monthly salary ofthese Sei^icemembers is published bythe Department ofDefense. i5^^^Enclosure 6.The base monthly salary ofServicemembers at this rank is relevant to prove that thecharged documents in Specifications8andl6ofCharge II, two specifications to which theaccused has pled not guiIty,areofavalue of more than$l,000. Tire United States has presentedevidence that these charged documents werepioduccdand/ormaintaincd by Sei^icememberswith the lowestrankofSpecialist, E-4, between2003-2010. ^^^PiosecutionExhibit(PE)131;Testimony ofChiefWartantOfficer4Ai^ond Rouillard. The tact that Servicemembers attherank ofSpecialist, E-4, earned the above monthly base salarymakes it more probable than notthat the records were ofavalue of more than$1000.^^^ MRE 401;^^^^/^^ Charge Sheet.g. The yearly base salaryfbr government employees at the ^adeofl2on the GS scalewas$51.508in2003.$52.899in2004.$54.221 in2005.$55.360in2006.$56.301 in2007.$57.709in2008.$59.383 in2009.and$60.274in2010.The tact that govei^nment employees at the giadeofl2 on the GS scale earned the aboveyearly base salary fiom 2003 2010isalact generally known or, ataminimum, capable ofaccurate and ready detertnination by resort to sources whose accuracy cannot be reasonablyquestioned. ThehaseyearlysalaryofthesegovernmentemployeesispuhlishedbytheDepartment ofDefense. ^^^EncIosure7.The base yearly salary ofthese government employees is relevant to prove thatthecharged documents in Specification8ofChargeII,aspecification to which the accused has plednotguilty,areofavaIueofmorethan$l,000. The United States has presented evidence thatthese charged documentswere produced and/ormaintained by government employees with thelowest grade of 12 on the GS scale. ^^^PE131. The fact that government employees at thegiadeofl2 on the GS scale earned the aboye yearly base salary makes it more probable than notthat the records wereofavalueofmoiethan$1000.^^^ MRE 401;.^^^^/^^ Charge Sheet35528Adjudicative Facts: Reference Materialsh. The existence of AR25-Ldatedl3November2007,specificallvpaia^aphsl-l.subparagiaphs(a^and(b^ofl-7.andsubpaiagiaphs^d^.fe^. and ^f) of 6-land the definitionfound in AR25 2of"Infbrtnation System."The existence of AR 25-1,dated 13November2007,isafact generally known or, ataminimum, capable ofaccurate and ready determination byresort to sources whose accuracycannot be reasonably questioned. AR25-1 can be found at the Army PublishingDirectorate,asource whose accuracy cannot be reasonably questioned.Enclosure 8. ThisCourthaspreviouslytaken judicial notice of otherparagiaphs contained withinAR25-2. ^^^AE288.The United States specificallyrequests this Couittake judicial notice ofpaiagiaphs 1-1,subparagiaphs(a)and(b)ofl-7,subparagraphs(d),(e),and(t) of 6-1,and the definition foundinAR25-2of"InIbimationSystem."These specific paragraphs and subparagiaphs are relevanttoSpecification16ofChargeIIandSpecification4ofChargeIIL These paragraphs make itmoreprohable than not that the information tbrwhich the accused is charged with stealing,purloining, or knowingly convertinginSpecificationl6of Charge 11 wasarecordorthing ofvaluebelongingto theUnited States government Tliesepaiagiaphs make itmore probable thannotthattheaccused'suse ofthe infi^rmation system in Specification4ofCharge III was inamanner otherthan its intended purpose.MRE 401;^^^^^^ Charge Sheet.i. The existenceofDoD5400.11-R: Department ofDefense Privacy Program. dated14May2007,specificallyAppendix1andthedefinitionof"Personal Information."The existence ofDoD5400.I1-R,datedl4May2007,isafact generally known or, ataminimum, capable of accurate and ready determination byresort to sources whose accuracycannotbereasonablyquestioned. DoD 5400.11-Rcanhefi^undattheDefenseTechnicalInfortnationCenterdatahase,asouicewhoseaccuracycaniiotbereasonabIyquestioned.^^^Enclosure9.The United States specificallyrequests this Court take judicial notice of Appendixlandthe definition of"PeisonaIInfbi^ation."Thesespecific portions arerelevant to Speeificationl6ofCharge II and Specification4ofCharge Ilk These portions make itmore probable thannotthattheinformationtbrwhichtheaceusedischargedwithstealing, purloining, orknowinglyconveiting in Specificationl6of Charge II wasarecordorthing of value belonging to theUnited States government These portions make it more probable than not thatthe accuscd'suseofthe information systeminSpecification4ofCharge III was inamanner otherthanitsintendedpui^ose.^^^MRE401;^^^^/^^ Charge SheetAdjudicative Facts: Miscellaneousj . Tlianksgivingof2009 occurred on 26 November 2009.The tact that Thanksgiving of2009 occulted on 26 November 2009 isatactthatisgenerally known or, ataminimum, capable of accurate and ready determination byresort to35529sources whose accuracy cannot be reasonably questioned. The date ofThanksgivingwaspublished in several media sources, as well as inaPresidentialProcIamationreleased bytheWliite House.Enclosure 10.The dateofThanksgivingin 2009 is relevanttoSpecificationslandllof Charge II, twospecifications to which the accused has pled not guilty to the charged of^nse. Bothspecifications allege that the accused transmitted inlormation to WikiLeaks as early aslNovember 2009. The United States has presented evidence, througli the accused'sownadmission, that the accusedbeganhelpingWikiLeaks "right afterthanksgivingtimefiame of2009."^^^ PE30.The factthat Thanksgivingoccurtedon26November2009makesitmoreprobable than not thatthe accused caused intelligence to be published on the internet forSpecificationlofChaige II and transmitted the charged video filein Specificationllof ChargeII to WikiLeaks duringthe alleged timefiame.MRE 401;^^^^/.^^ Charge Sheetk. The term.".isB'is the top level internet domain oflceland.The fact that".is" is the top level internet domain oflcelandisafactthatis generallyknown or, ataminimum, capable of accurate and ready determination byresort to sources whoseaccuracy cannot be reasonably questioned. The fact that".is" is the top level internet domain ofIceland is capableofaccurate and ready determination hyrevievyingtheUnifi^rmResourceLocator (URL) ofany Iceland government website. ^^^Enclosurell.The fact that "is" is the top level internet domain oflceland is relevant to SpecificationlofCharge II,aspecification to which the accused has plednot guilty. SpecificationlofChaigeII alleges that the accused "wantonly" caused intelligence to be published on the InternetCharge Sheet Thedefense stipulated thatthe accused searchedfi^r"Iceland"on Intelink.Testimony ofMr. Chad Madaras. TheUnited States presented evidence thatthe accused hadnolegitimatereasonto search tor infbrmationrelating to Iceland. ^^^TestimonyofChiefWartantOfiicer2Kyle Balonek. Further, the tact that".is" is the top level internet domain oflceland isrelevantto explain portions ofthe accused'schat logs with Julian Assange, where the accusedmentioned".is" in the context ofaconversation about information theaccused has reviewed ontheSIPRNET.^^^PE 123 at5(06:I9:16).Thefactthattheaccusedseaichedtbrand reviewedinfi^i^ationrelatingto Iceland on SIPRNET, withoutalegitimate reason tor doing so, makes itmorepiobable than notthatthe accused acted vyantonly.^^^ MRE 401;^^^^/^^ Charge SheetL Johanna Si^rdardoftir was the Prime Minister ofIceIandfiomFebi^aiy2009^May2013,OssurSkai^hedinsson was the Icelandic Ministerfi^rForeignAffairsfiomFebi^ary2009^May2013^AibertJonsson was the Icelandic Ambassadorto the United States fiom20062009^and BirgittaJonsdottir has heenamember ofthe Icelandic parliament since 2009.ThefactthatJohannaSigurdaidottirwasthePrimeMinisteroflcelandfiomFebruaiy2009^May 2013,OssurSkai^hedinsson was the Icelandic Minister for FoieignAftairs fiomFebi^aiy2009^May2013,AlbertJonsson was the Icelandic Ambassadorto the United Statesfrom 2006-2009,and BirgittaJonsdottir has heenamember ofthe Icelandic parliament since2009 are tacts that are generally known or, ataminimum, capable of accurate and ready35530detei^inationbyresortto sources whose accuracy cannot bereasonably questioned. The factsEnclosure 12.are published in several media sources.These tacts are relevant to SpecificationlofChaige II,aspecification to which theaccusedhas pled not guilty. SpecificationlofChaige II alleges that the accused "wantonly"caused intelligence to be published on the InternetCharge Sheet The United States haspresented evidence that the accused downloaded infi^i^ationrelatingtoOssurSkaiphedinsson,Johanna Sigurdardottii,andAlbertJonssonatForwardOperatingBase(FOB)Hammei, Iraq.^^^PE39. The United States also presented evidence, and the defense stipulated, that theaccused searched fbrBiigittaJonsdottir, among others, on Intelink. i5^^^PE49;.^^^^/^^Testimony ofMi. Chad Madaras. The United States has presented evidence that theaccused hadno legitimatereasonto search tbrintbi^ationi^Iatingto Iceland. ^^^TestimonyofChiefWarrant Officer2Kyle Balonek. The identity ofthese persons will assist the Couitwithunderstandingtheaccused'sactivityduringhis deployment ^^^PE 39 and PE81. The fact thattheaccused searched for, and downloaded, infbi^ationrelatingtothesepersons,withoutalegitimate reason for doing so, makes itmore probable thannot that the accused acted"wantonly."^^^MRE401;^^^^/^^ Charge Sheet.m.The Internet chat lingo and theirmeanin^s in Enclosure 13 are synonymous.The factthatthc Internet chat lingo and theirmeaningsinEnclosure 13 are synonymousis generally known universally and locally.Enclosure 13. The United States presentedevidence that the accused discussed his misconduct with both Mr. Adrian Lamo and Mr. JulianAssange.^^^ PEs 30 and 123. The meaning ofthis chat lingo will assist the Court withunderstanding these statements made bythe accused. Further, the meaning oftliis chat lingo isrelevantto SpecificationslandllofCharge II, two specifications to which the accused has plednot guilty. Definingthis Internet chat lingo will assistthe Couitwith understanding theaccused'sstatements to Mr. Lamo and Mr. Assange relating to his misconduct The meaning ofthis chat lingo makes it more probable thannot that the accused acted "wantonly" bycompromising classified infbnnation to WikiLeaks. Further, the accused specifically discussedwith Mr. Lamo his involvementwith the video file compromised to WikiLeaks. ^^^PE 30, at 12(2:15:57PM) and at 46 (04:35:31PM). Themeaningofthischatlingo makes itmoreprobablethannotthat the accused committed themisconduct alleged in SpccificationllofCharge IL^^^MRE401;.^^^^^^^ChaigeSheetCONCLUSIONFor the reasons stated above, the United States respectfiillyrequests this Court takejudicial noticeofthe above adjudicative facts.^J.HUNTER WHYTECPT,JAAssistant Trial Counsel3553113EncIosui^I . Sources (WikiLeaks release ofCoIlateial Murder)2. Sources (WikiLeaks release ofCIDNE Iraq records)3.Sources (WikiLeaks release ofCIDNEA^ianistan records)4. Sources (WikiLeaks release ofJTF-GTMOrecords)5. Sources (WikiLeaks release ofArmy Counterintelligence Center report)6. Sources (Salary ofServicemembers)7. Sources (Salaiy of Govei^nment Employees)8. AR25-l,paragiaphsl-l,subparagiaphs(a)and(b)ofI-7,andsubparagraphs(d),(e),and(f)of 6-1and the definition found in AR25-2of"InIbrtnation System"9. DoD5400.1I-R, Appendixland the definition of"Personal Inlormation"I0.Sources(Thanksgiving2009)I I . Sources (InternetDomain for Iceland)12. Sources (Identity ofPeisons)13. Chat Lingo and MeaningsIcertifythatlsei^ed or caused to besei^edatrue copy ofthe above onDelense Counsel,via electronicmail,on25 June 2013.L ^ U ^ T ^ WHYTECPT,JAAssistant Trial Counsel35532UNITEDSTATESOF AMERICAPROSECUTIONMOTIONFORJUDICIALNOTICEManning,Brad1eyE.PFCUS.Army,HHC,U.S.ArmyGarrison,JointBaseMyerHendersonHallFortMyer,Virginia 22211Enclosurel24June2013Defense.gov News Article: CPage 1 of 2s Calls Air Strike Video 'Painful to W?'35533United States Department of DefenseSearchTOP LINKSSubscribeHTOP FEATURESNewsO SHAREAmerican Forces Press ServiceNEWS ARTICLEE-MAIL A COPY | PRINTER FRIENDLY | LATEST NEWSAFPS BlogsFacebookFlkkrRSSPodcastsWidgetsE-MailSecretary of DefenseSpeechesMessagesBiographyToday in DoDNews ReleasesPress AdvisoriesPublicationsTranscriptsI m a g e r y ArchiveGates Calls Air Stril^e Video Painful to Watch'By John J. KnjzelAmerican Forces Press ServiceWASHINGTON, April 12, 2010 - Defense Secretary Robert M- Gates said recently published footage of a U.S.Apache helicopter killing 12 people in Iraq, including two Reuters news agency personnel, was "painful to watch,"and that the attack has been thoroughly investigated.The 17-minute video from a July 12, 2007, air strike shows U.S. military personnel gunning down a groupperceived to be armed militants and opening fire on a subsequent rescue attempt. The footage was madeavailable last week by WikiLeaks. a whistle-blowing Web site that publishes anonymous submissions and leakeddocuments,"We've investigated it very thoroughly. And it's unfortunate - it's cleariy not helpful," Gates said yesterday onABC News' "This Week." "But by the same token, I think it should not have any lasting consequences."Photo EssaysDoD InfoPost 9 / 1 1 G I BillTransferabilityCommunityRelationsStars & StripesRecovery ActSite MapPHOTO ESSAYS51Asked if the release of the video would damage the image of the United States in the world, Gates said he didn'tthink so."They're in a combat situation. The video doesn't show the broader picture of the firing that was going on atAmerican troops," he said. "It's obviously a hard thing to see. It's painful to see, especially when you learn, afterthe fact, what was going on."HighlightsWeek In PhotosDEFENSE IMAGERYA defense official interviewed for the story said "a perfect storm" of circumstances contributed to the missteps.The official said a longer version of the video, also available online, shows the fuller context of the air strike,including evidence of nearby gunfire.Soldiers Conduct Nuclear, Biologicaland Ctiemical Training in AlaskaARCMYK*' W e e k In Photos* Military Photographers"You talked about the fog of war - these people were operating in split-second situations," Gates said.The findings of the U.S. military investigation are available on the U.S. Central Command Web site in theFreedom of Information Act Reading Room section.Biographies:Robert M. GatesRelated Sites:Investigation FindingsMain Menu••• HomeToday ir) POQAbout DODo LeadersO BiographiesO Organizaliono MissionoFrequently Asked QuestionsO Available jobs with DODT W ISSM??O AfghanistanO gexual Assault PreventionO Warrior CareO Cyber Securityo Defense Strategic Guidance•o•DOD News PageO Today in DODO News ReleasesO Press AdvisoriesO News TranscriptsO PublicationsO SpeechesO Casualty Status (PDF1O ContractsO Casualty ReleasesO Special ReportsO AFPS ArticlesPhotos/Videoso The Pentagon ChannelO t-ead Photo ArchiveO Photo EssaysO News Photoso Week In Photoso DefenselmaQerv.milhttp://www.defense.gov/news/newsarticle.aspx?id=587136/23/2013Defense.gov News Article: G?Calls Air Strike Video 'Painful to Watr'Page 2 of 235534O Videoso pop/ri^ijitary SealsMilitarv/DoD Websiteso U.S. Armyo U S Marine CorpsO U.S. NawO U.S. Air ForceO National GuardO U S Coast GuanJO All DOD Siteso Mililarv/DOD Social Media Siteso Register A Siteo Unified Combatant Commands• Contact UsO Freguently Asked Questionso Website FeedbackAdditionai Links• HomeToday in DODAbout POPTop Issues# News• Photos/VideosMilitary/DoD Websites• Contact Us•••••••Inspector GeneralPrivacy & SecurityLink Disclaimer• Recovery Act•• USA.gov• No FEAR ActPlain Wrilina Act of 2010••Join the Military• CareersWeb Policy• Websitesstay ConnectedlAfldoets^X ) D Live BlogIik11 D /ouTubej.EELMORE SOCIAL MEDIA SITES »http://www.defense.gov/news/newsarticle.aspx?id=587136/23/2013WikiLeaks Fast Facts - CNN."-SET EDITION: U.S.TV: CNNINTERNATIONALCNNI , CNNenEipaAolI MEXICOPage 1 of 335535ARABICSign upSEARCHgjgHomeTV & VideoLog InHLNCNN T r e n d s I U.S. I W o r l d I Politics I J u s t i c e I E n t e r t a i n m e n t I Tech I Health I L i v i n g I Travel I O p i n i o n I iReport I Money- I S p o r t sB R E A K I N GEdward Snowden, charged with espionage by U.S., has requestedI M E W S asylum in Ecuador, its Foreign IVlinistry said via Twitter.WikiLeaks Fast FactsS H A R E THISPrintBy CNN Libraryupdated 7:51 PM EOT, Tue June 11. 2013Mora sharingRecommendIley Manning islargest leak oflenta m U S history,ll IS sot to begin3 at Fort Meade,has pleaded guilty toirges against htm andtwo decades in jail Heided guilty to the mostthat of aiding U S:arnes the potential.t a Februaryread ahow heIks.Key Wil(iLeal(s figures as trial begins!_7_]£Part of complete coverage onIWikiLeaksWikiLeaks 101updated 12:38 PM EST, Thu November 10. 2011From "Clima legate" to leakeddiplomatic cables. CNN takesan inside look at the WikiLeaksorganization.ye-'^tnmwKAwreTimeline: Assange's extradition battleupdated 10:07 AM EOT, Thu August 16. 2012From the issuing of an arrestwan-ant, to a decision onAssange's asylum, see howthe story has developed.HIDE CAPTION( C N N ) - Here's a look at w h a t y o u need t o k n o w about W i k i L e a k sa n d t h e trial o f U . S . A r m y P f c . B r a d l e y M a n n i n g .Facts:WikiLeaks is an organization that facilitates the anonymous leakingof secret infomnation through its website.It was founded in 2006 by Julian Assange, activist, computerprogrammer and hacker.Timeline:December 2007 - WikiLeaks posts the U.S. Army manual for soldiersdealing with prisoners at Camp Delta, Guantanamo Bay.Bright future for leaking?updated 3:49 PM EOT. Sat June 30. 2012Julian Assange is waiting tohear if Ecuador will grant tiimasylum. He's dangling from acliff, for sure. Hanging by apinky next to him - VWkiLeaks.How Assange changedupdated 12:25 PU EOT, Men October 29, 2012^Hoied up in Ecuador'sEmbassy in London, JulianAssange talks at length abouthis life and motivations.Assange and Ecuador need each otherMarch 2008 • WikiLeaks posts internal documents from the Churchof Scientology.updated 10:27 AM EOT. pri August 17. 2012Ecuador's President RafaelCorrea and Assange havemutual interests and supportthe idea that the U.S. is apower that has to be checked.September 2008 - WikiLeaks posts emails from Sarah Palin's Yahooe-mail account.Famous embassy escape precedentsNovember 2008 - WikiLeaks posts a list of names and addresses ofpeople it claims belong to the far-right British National Party.November 2009 • WikiLeaks posts about 500,000 pager messagessent in New York City on the day of the September 11, 2001 attacks.Most are from ordinary people.April 5, 2010 - A classified military video is posted by WikiLeaks. Itshows a U.S. Apache helicopter firing on and killing two journalistshttp://www.cnn.com/2013/06/03/worid/wikileaks-fast-factsupdated 8:20 PM EOT, Sun August 19. 2012Assange's move is dramatic,but he's not the first person toseek an escape route througha diplomatic mission. Here aresome key precedents.Who is Julian Assange?updated 5:31 AM EOT, Wed May 30. 2012Assange is a self-appointedctiampion of free speech andthe founder of a web operation6/23/2013WikiLeaks Fast Facts - CNN -nPage 2 of 335536that has greatly antagonizedthe U.S. government.and a number of Iraqi civilians in 2007. The military claimed that thehelicopter crew believed the targets were armed insurgents, notcivilians.May 2010 - The U.S. military detains Pfc. Bradley Manning forallegedly leaking U.S. combat video, including the U.S. helicoptergunship attack posted on WikiLeaks, and classified State Departmentrecords. Manning was turned in by Adrian Lamo, a former hacker,who Manning confided in about leaking the classified records.July 6,2010 - The U.S. military announces it has charged Manningwith violating army regulations by transferring classified informationto a personal computer and adding unauthorized software to aclassified computer system and of violating federal laws of governingthe handling of classified information.July 25, 2010 - WikiLeaks posts more than 90,000 classifieddocuments relating to the Afghanistan war in what has been calledthe biggest leak since the Pentagon Papers during the Vietnam War.The documents are divided into more than 100 categories and touchon everything from the hunt for Osama bin Laden to Afghan civiliandeaths resulting from U.S. military actions.October 22, 2010 - WikiLeaks publishes neariy 400,000 classifiedmilitary documents from the Iraq war, providing a new picture of howmany Iraqi civilians have been killed, the role that Iran has played insupporting Iraqi militants and many accounts of abuse by Iraqi's armyand police.November 28,2010 - WikiLeaks begins publishing approximately250,000 leaked State Department cables dating back to 1966. Thesite says the documents will be released "in stages over the next fewmonths."November 28, 2010 - The WikiLeaks website suffers an attackdesigned to make it unavailable to users. A Twitter user who callshimself Jester claims responsibility for the attack.Who is Bradley Manning?An in-depth look at the youngsoldier suspected of leakingU.S. military intelligencepublistied by WikiLeaks.WikiLeaks releasing 2.4M Syria e-mailsupdated 9:02 PM EDT, Thu^ ^ B f l C"^^^H^ ^ ^ ^ ^ • iM ^ E f l H ^ ' ^•'*^Hl ^ ^ n V v V . Ifa^HI I BJuly 5. 2012VWkiLeaks said it has begunpublishing some 2.4 million e"Tiai^s from Syrian politicians.government ministries andcompanies dating back lo2006,Assange launches talk showupdated 8:39 PM EDT, Tue April 17, 2012Julian Assange is expected to'host a talk show. T h e World^ ^ t W ^ S d ^ ^ H | Tomorrow," on a state-funded^ ^ ^ n C ^ ^ P m M M Russian television network.malfwMEdward SnowdenSyrian RebelsNelson MandelaMinister Rami Ha...November 30,2010 - WikiLeaks comes under another electronicattack designed to make it unavailable to users, according to aTwitter post from WikiLeaks.More from CNN Video:December 1, 2010 - Amazon removes WikiLeaks from its serversPlanes nearly collide over NYCApril 24, 2011 - Nearly 800 classified U.S. military documentsobtained by WikiLeaks reveal details about the alleged terroristactivities of al Qaeda operatives captured and housed at the U.S.Navy's detention facility in Guantanamo Bay, Cuba.Johnny Depp cheats deathSeptember 2, 2011 - WikiLeaks releases its archive of more than250,000 unredacted U.S. diplomatic cables.TV chef leaves home afteralleged abuseOctober 24, 2011 - WikiLeaks announces that it is temporarilyhalting publication to "aggressively fund raise." Assange states that afinancial blockade by Bank of America, VISA, MasterCard, PayPaland Western Union has cut off 95% of WikiLeaks' revenue.December 16, 2011 - Bradley Manning's Article 32 hearing, themilitary equivalent of a grand jury hearing that will determine whetherenough evidence exists to merit a court-martial, begins. Manning'sattorney asks Lt. Col. Paul Almanza, the investigating officer, torecuse himself. Among the objections is that Almanza had a conflictof interest with his civilian job with the Justice Department, which isinvestigating WikiLeaks founder Julian Assange.December 18, 2011 - Army investigator Special Agent David Shavertestifies that a search of military computers used by Pfc. BradleyManning in Iraq revealed that he had downloaded the same secretdocuments and videos that were released online by WikiLeaks. Inaddition he mentioned finding on Manning's computer videos thatalso were leaked, with one showing a U.S. Apache helicopter attackthat killed two Reuters journalists in Baghdad in 2007http://www.cnn.com/2013/06/03/world/wikileaks-fast-factsMan offers NSA leaker flight toIcelandMore from CNN World:Press, anti-violence groupsscrutinize throat grab onNigeila LawsonmBollywood star In baby sexselection controversyAnger In China over attack onstudents In France6/23/2013WikiLeaks Fast Facts - CNN.Page 3 of 3i35537February 23, 2012 - Bradley Manning is formally charged with aidingt h e o n o m u uurnnnfiiilu r a i i c i n n i n t e l l i n e n r o i f \ h a n i i h l i c h a r l n n t h *property or records.'MN^^K China closes book on Taiwan'stop bookstoreFrom Around the WebFebruary 26, 2012 - WikiLeaks begins releasing what it says are fivemillion e-mails from the pnvate intelligence company Stratfor. startingwith a company "gkjssary" that features unflattering descriptions ofU S. government agencies The authenticity of the documents couldnot be independently confirmed.April 24, 2012 • Manning appears in court before judge Col. DeniseLind to push for all charges against him to be dropped His lawyersfiled two motions the previous week - one pushes for all chargesagainst Manning to be dismissed If that fails, the second pushes forsome charges to be dropped.April 25, 2012 - Col Lind denies both motions to dismiss chargesagainst Manning.Netflix will lose roughly 1,800titles tomorrowDigital T r e n d sHow to Retire with Over *4.)Million on Only S197 Dollarsper PaycheckAbout.comATSiTU-vmrseTV-Hatemete.fcluiiveofferr-»•'June 19,2012 - Facing extradition to Sweden on sexual assaultcharges, WikiLeaks founder Julian Assange requests political asylumat the Ecuadorian embassy in London.SEARCHJuly 5, 2012 • WikiLeaks begins publishing more than 2.4 million emails from Syrian politicians, government ministries and companiesdating back to 2006February 28, 2013 - Pfc Bradley Manning pleads guilty to some ofthe 22 charges against him, but not the most serious charge of akJingthe enemy, which carries a life sentence.June 3,2013 - Pfc. 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All Rights ReservedTerms of service | Privacy guideHnea | Ad choices [ > | Advertise with us | About us | Work for us | HelpCNN en ESPANOL I CNN Mtxico | CNN Chile | CNN Expansioni ricsn I TurkgeCNN TV I HLN | Transcripts |http://www.cnn.corn/2013/06/03/world/wikileaks-fast-facts6/23/2013Page 1 of 335538HOMEPAGETODAY S PAPERVIDEOMOST POPULARSearch All NYTimes.com% f ^'rtv jjork StmrsWORLDU.S.N.Y. / REGIONSubscribe:Digital / Home Delivery Login Register NowTIMES TOPICSl9WPI!VW«!ilMiddle EastBUSINESSTECHNOLOGYSCIENCEHEALTH»what's this?Ads by GoogleEuropean Travel PackagesThe Easiest Way lo Travel Europe.150+ Tours, All Airfare's Included.www.GoAheadTours.com/EuropeRelated SearchesReuters Group PicIraq War (2003-)United States Defense and Military ForcesNews and News MediaGet E-Mail AlartftGet E-Mail AlertsGet E-Mail AlertsGet E-Mail Alertshttp://ww.nytimes.com/2010/04/06/world/iTiiddleeast/06baghdad.htrnl?_r=2&6/23/2013Page 3 of 335540INSIDE NVnMES.COMMAGAZINE »MOVIES >ftUffW1T h e Gbama Gampaign'sCoffeehouses were oncethe distracting newspaces for sharinginformation and ideas.Digital Gurus Cash I nU.S.N.Y. / RegionSIflBusinessCoDvriahl 2010 The New York Times CompanvTechnoioqvPrivacvScienceTerms of ServiceHealthSearcliSportsOpinionCorreotions[JSS_gggjArts Style Travel JobsFirsI LookHelpmSUNDAY REVIEW »C u t t i n g T h r o u g h a CulturalTliicketWeddings and CelebrationsMarriage, t h e J o bWorldTHEATER »Opinion: SocialNetworking i nthe 1600s'HomeSUNDAY REVIEW »FASHION & STYLE »Real Estate Autos1, #!#£H o w t o DaydreamBack to TopContact Us Work (or Us Advertise Site Maohttp://www.nytimes.com/20l 0/04/06/world/middleeast/06baghdad.html?_r=2&6/23/2013BBC News - WikiLealcs post?" ieo of'US military killings' in IraqPage 1 of 335541PIN BBC TO YOUR TASKBAR BY DRAGGING THIS ICON mam TO THE BOTTOM OF THE SCREENADVERTISEMENTG2XPOBfTSOWMd, ONE-MINUTE WORLD NEWSNews Front PagePage last updated at 02:30 GMT, Tuesday, 6 April 2010 03:30 UKI E-mail this to a friend& Printable versionW i k i L e a k s p o s t s v i d e o o f US m i l i t a r y k i l l i n g s ' i n I r a qAmericasADVERTISEMENTAsia-PacificEuropeMiddle EastSouth AsiaOne browser for yourlaptop, phone and tablet.UKBusinessHealthScience & EnvironmentTechnologyEntertainmentAlso In the newsVideo and AudioProgrammeschromeHave Your SayIn PicturesWikiLealauhwtiadi)afWatad-2rBol(om Main Column:)From the Webhttp://www.washingtontimes.com/news/2010/oct/22/wikileaks-plans-major-announcement... 6/23/2013Iraq war leaks: No U.S. invertion of many abuses - Washington Tim(tittp; //www. moneynews. com/M KT (http://www.4minuteabs.com/repo-exposes-stocksMen Only: The Case.'collapse/2013/05/22/id/505913/? .PROMO_CODE=109C0Against Exercising1&utm_source=taboola)Hunter FitnessControversial Video(http://www.4minuteabs.com/repoSpreads Virally After BeingBannedMoneynews(http: //www, money n ews. com/M KT-exposes-stocksCOllapse/2013/05/22/id/505913/?PROMO_CO0E=109C01&utm_source=taboola]Page4 of 435554(http://www.moneynews com/MKT-dump^tconomiststock/2012/08/29/id/450265'?PROMO_CODE=IIOD8.l&utm_source=1aboola)Billionaire Tells Americansto Prepare For "FinancialRuin"Moneynev/s{http://www. money news. com/M Kl-dump-economiststock/2012/08/29/id/450265?PR0M0_C0DE=110D81&utm_90urce=taboola}^(http://www.unleashyourthln.com/(noe1&utm_source=taboola&utm_-contents utm_cam paign=201305-15-initial-test&utm_content=2metabolfsm-killmg-foods-to-avoid-at-all-costs-X-banana-eyes-X2 Metabolism-DestroyingFoods To Avoid At AllCostsNatural Health Sherpa(http://www.unleashyourthin.com/,noel&utm source=taboolaSiitm i-contentsJm campaign=2013-"05-15-initial-t«t&utm_content=2metabol ism-killing-foods-to-avoid(http //www.investopedia.com/slid-show/nchest-women/''utm_ca mpaign=i n v-tbl-pfs0128138 utm_source=1bl&utm_mc-awesome-pictures-of-derekjeters-girlfriend/?utm_source=Taboola&utm_medlL15 Awesome Pictures ofDerek Jeter's GirlfriendRani Sports(http: //wwA'. rants ports, com/cl ubtKInvestopedia-awes 0 me-pictu res-of-d ere k(http://www investopedia.com/slid ieters-girlfriend/?utm source=Taboola8utm medlu-show/richest-women/?U.S.l!!^^!!^^'^""'E,^'012813&utm_source=tbl&utm„m.-na_adv-na_mt^na_adc-con_adf-mix_ptp-cp_geo-na)i_contenfau(o* teed -gene rMed-2r, Bottomhttp://www.washingtontimes.com/news/2010/oct/22/wikileaks-plans-major-announcement... 6/23/2013News Wrap: WikiLeaks Rele- 400,000 Iraq War Documents | PBS N ^ H o u r | Oct. 2... Page 1 of 235555PBS ORG ! VIDEO i TV SCHEDULE \ PROGRAMS i DONATE ! SHOP i KIDS i PARENTS \ TEACHERSSearch[The M o r n i n g L i n e jQ PBS NEWSHOURREPORTYour Daily DispiitchFrom tiie NewsHourPolitics TeamAIR DATE: Oct. 22, 2010News Wrap: WikiLeaks Releases 400,000 Iraq War DocumentsIn other news Friday, WikiLeaks released nearly 400,000 secret U.S. files on the Iraq war. counting more than 15,000 unreported civilian deaths. Also, Haiti is dealing with adeadly cholera outbreak. Hari Sreenivasan speaks with Eric Lotz of Operation Blessing International about efforts to provide clean drinking water there.TranscriptHARI SREENIVASAN: The WikiLeaks Web site released nearly 400,000 secret U.S. files on the Iraq war late today. It was the largest leak ofclassified U.S.filesin history. The documents count at least 15,000 civilian deaths that were never reported before.They also indicate U.S. officials failed to pursue accounts of Iraqi authorities brutalizing prisoners. WikiLeaks earlier published more than 90,000documents on the Iraq war.Doctors and aid officials in Haiti fought today to contain an outbreak of cholera. At least 142 people have died, mainly in the central part of the country.Thousands of earthquake refugees now live there in squalid camps.Cases of cholera have swamped hospitals in the region, with more than 1,000 people affected. The fast-moving bacterial infection causes severediarrhea and can kill within hours.At the U.N. in New York, officials said today they do not know how far the outbreak might spread or what the mortality rate vnll end up being.CATHERINE BRAGG, United Nations Deputy Emergency Relief Coordinator: It is still in early days, and it is very difficult for — And wecertainly wouldn't use the statistics, that, you know, 10 percent mortahty rate, at this point. We're just getting the report of both the deaths, as well asthe number of people affected. And those numbers can change.HARI SREENIVASAN: Haitian Prime Minister Jean-Max Bellerive says he's worried the outbreak could reach all the way to the capital in Port-auPrince.For more on the situation on the ground, I spoke earlier this afternoon with Eric Lotz of Operation Blessing International. He's working at the center ofthe cholera outbreak in Bambou Laporte.Can you describe the last 24 hours?ERIC LOTZ, Operation Blessing International: Yesterday morning, we got the call that there was an outbreak here that we needed to respond to.And, I mean, within just a couple hours, we were mobilized to get here. Things went from not expecting what to find to horror when we were at thehospital. I mean, almost every square foot of the hospital grounds, even inside and outside, were just covered with people, laying on mattresses, layingon mats, laying on cardboard boxes sometimes, not even able to get up because of the amount of pain that they are in.We left the hospital, came out to the village, and started setting up our first water filtration system here. And coming down the road towards the village,there were just hundreds of people lined on both sides of the street with their buckets, hoping that we had water to give them.It wasn't water that we had. We had filtration units, which allowed them to get water. We pulled water out of the same — same river that made themdirty, treated it, cleaned it up, put it back in their buckets. And now they are able to have healthy water, clean water to drink.HARI SREENIVASAN: So what is the situation on the ground as you see it now?ERIC LOTZ: Out here in the village where we are at now, the people are still, many places, without clean water. We are mobilizing right now, actually,to take a load of Lifesaver Jerrycans out to a village, a remote village at the end of a long road, a long road running alongside the river, the same riverthat has made them sick, should be those — that village.HARI SREENIVASAN: I know your operation has been pretty good about trying to get filtration systems out there, but is there a chance that this isgoing to get worse?ERIC LOTZ: Well, you know, we're hoping that, by nipping it in the bud as quick as we are and getting the word out of the people to stop drinking thehttp://vAvw.pbs.org/newshour/bb/military/july-declO/news_10-22.html6/23/2013News Wrap: WikiLeaks Re'- -es 400,000 Iraq War Documents | PBS- vsHour | Oct. 2... Page 2 of 235556local water, we are really hoping that this is going to take care of this at least localized outbreak.HARI SREENIVASAN: And is there a threat here that some of these people could be coming back into city centers like Port-au-Prince?ERIC LOTZ: I mean, that is always a possibility. As they are cured of the sickness, they can still carr}' it back in the form of just, you know, bacteria ontheir skin, on their hands, carry it back to families in Port-au-Prince. And just the simple act of cooking a meal can make their whole family sick.Ifthis was to reach Port-au-Prince, it could have devastating circumstances.HARI SREENIVASAN: All right, Eric Lotz from Operation Blessing International, thanks for your time.ERIC LOTZ: Thank you.HARI SREENIVASAN: One-third of all adult Americans, up to lOO million people, may have diabetes by the year 2050. The Centers for DiseaseControl and Prevention issued that new projection today. It's up sharply from estimates tiiat one in 10 Americans now have diabetes, or about 24million people. The spread of the disease is closely tied to rising obesity rates.French police forced protesters to step aside today and reopened a vital oil refinery. Striking workers had blockaded the site in a bid to kill pensionreforms. Police and strikers jostied in front ofthe gates ofthe refinery 50 miles east of Paris. It's the closest source of gasoline supplies to the Frenchcapital.In Paris, the French Senate today passed legislation that includes raising the partial retirement age from 60 to 62 and the full retirement age from 65 to67.Wall Street turned in mixed results for the day, but gains for the week. The Dow Jones industrial average lost 14 points today to close at 11,132. TheNasdaq rose more than 19 points to close at 2479. For the week, both the Dow and the Nasdaq gained roughly half-a-percent.Copyright© 1996- 2013 MacNeil/Lehrer Productions. All Rights Reserved.Support the kind of journalism done by Itie NewsHour...Become a member of your local PBS station.http://www.pbs.org/newshour/bb/military/july-decl O/newsl 0-22.html6/23/201335557UNITED STATES OF AMERICAPROSECUTION MOTIONFOR JUDICIAL NOTICEManning, Bradley E.PFC, U.S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211Enclosure 324 June 2013Defense.gov News Article: ^ tagon Assesses Leaked DocumentsPage 1 of 335558United States Department of DefenseSearchTOP LINKSSubscMbeTwitterAFPS BlogsFacebookFllckrPodcastsWidgetsE-MailSecretary of Defense^TOP FEATURESNewsO SHAREAmerican Forces Press ServiceNEWS ARTICLEE-MAIL A COPY | PRINTER FRIENDLY | LATEST NEWSPentagon Assesses Leaked DocumentsBy Army Sgt, 1st Class Mictiael J, GardenAmerican Forces Press ServiceWASHINGTON, July 26, 2010 - The Pentagon today condemned ttie actions of ttie group VWkiLeaks.org, whictireleased ttiousands of classified U.S. military documents on its website last nigtit."The leaking of classified information is somettiing we take very seriously," Marine Corps Col, Dave Lapan, aPentagon spokesman, told reporters today.DEFENSE IMAGERYBiography"We are in the process right now of assessing the documents." Lapan added.PHOTO ESSAYSToday In DoDThe documents, reportedly given to several U.S. and international media weeks ago, are said to detail fieldreports from Afghanistan, as well as Pakistan relationships with the Taliban. The more than 90,000 documentscover the period from January 2004 through December 2009, according to news reports.SpeechesMessagesNews ReleasesPress AdvisoriesPublicationsThe Pentagon has yet to confirm the impact of the reports, as it's still early in the assessment process, LapanTranscriptsPhotosImagery ArctiiveHighlightsPhoto EssaysWeek in PhotosDoD InfoPost 9 / 1 1 GI BillTransferabilityCommunityRelationsStars & StripesRecovery ActSite Map"As they are made available, we will be looking at them to try to determine potential damage to lives of ourservicemembers and our coalition partners; whether they reveal sources in methods and any potential damageto national security," he said. "Since this was just released last night, we're still in the process going through thatassessment."Of the reports the Pentagon has seen, they fall into a category of basic, unit-level reporting, Lapan said."We've only seen a fraction of the documents that are reported to be out there, so until we get a look at all ofthem, we can't know exactly what the extent of the damage may be," he said.Soldiers Conduct Nuclear, Biologicaland Chemical Training in AlaskaARCHVE»* Week In Photos• Military PhotographersIt could take the Pentagon weeks to make such determinations, Lapan said. But much of what the Pentagon hasdiscovered early in the investigation is that the documents are classified at a "secret" level, and not "top-secret,"which is reserved for more sensitive material, he said.The disclosed documents reveal "the type of reporting that goes on at the tactical level on a routine basis," thecolonel said, noting examples such as roadside bomb incidences, civilian and military casualty reports andintelligence and information gathering."There's nothing we've seen so far ttiat is particularly relevant," Lapan added.At ttiis point, he said, the Pentagon is concentrating on the information that's been made public, and is notinvestigating the source of the leak. Lapan explained that any number of military and civilian defense employeeshave access to such documents.Also, the Pentagon is not looking to limit the number of people with access to "secret" material, he said."We have lots of systems in place," Lapan said. "And at the very top of that is the responsibility that those whoare entrusted with access to that type of infonnation protect that from unauthorized disclosure."The Pentagon, however, will eventually attempt to nan-ow dovm the source of the leak, he said. However, Lapancould not disclose vWiether a formal investigation on the matter would take place."As we've said, we put a great deal of taist and confidence in individuals not to betray their oath to their country,"Lapan said.COMMENTSArticle is closed to new comments.The opinions expressed in the folloviring comments do not necessarily reflect those of the U.S. Department ofDefense.;IiI•IIIi7/27/2010 2:09:20 AMThis story does not serve to inform the public that Coalition partners are making some progress given the constantdanger I SAP is facing in Afgtianistan. If the founder of Wikileaks.org, a former hacker, really wanted to inform then whynot show both sides forthe Coalition's past mistakes and success'? The young women of Afghanistan have schoolstoday that they didn't have under the Taliban as a result of hard I SAP wori(. The long hours the instructors have beenputting in to buikt a National Police and Army from the ground up. It will a change from the inside out. the Afghans allchoosing person by person to take charge of their country then they will drive out the Taliban and Al Qaeda fighters outof Iheir country to improve Afghanistan from a pre-9/11/01 to a stable sovereign nation. Lastly, I wonder what Wikileaksfounder would think, lo have his secrets, such as how he get ahold of this information, exposed to the world he loves toshare with? Informing or privacy violations?- Mictiael Villacres, Queens, NYhttp://www.defense.gov/news/newsarticle.aspx?id=601656/23/2013Defense.gov News Article: ^ tagon Assesses Leaked DocumentsPage 2 of 3355597/26/2010 5:42:23 PMDear friends, Pleas accept this email just as one support information and don't need to be published, 1 would like toinform you that files are available for download and they are in Exel files. If there is any way that we can support or helpyou in any other way from here related to the above mentioned topic: like collect them and send you back, pleas do nothesitate to contact me. I am ready to slay days and nights in your disposal. This I see as small contribute for you guy's asgive back for everything you have done for Kosovo until now. God bless USA!- Concerned Kosovar, KosovoMain Menu•••• HomeToday in DODAbout DODo LeadersO BiographiesO OrganizationO MissionO Frequently Asked Questionso Available iobs with DOD• Top IssuesO AfghanistanO Sexual Assault PreventioriO Wamor Careo Cvber SecurityO Defense Strategic Guidance• Nev/so DOD News PageO Today in DODO News ReleasesO Press AdvisoriesO Newfs TranscriptsO PublicationsO SpeechesO Casualty Status (PDF)O ContractsO Casualty ReleasesO Special ReportsO AFPS Articles• Photos/VideosO The Pentagon ChannelO t-ead Photo ArchiveO Photo Essayso News PhotosO Week In PhotosO Defenselmaqerv.milO VideosO DOD/Militar/ SealsM'l'tary/PpP WebsitesO U.S. ArnivO U.S. Marine CorpsO U.S. NawO U.S. Air ForceO National Guardo U.S. Coast GuardO All DOD SitesO Military/DOD Social Media SitesO Register A SiteO Unified Combatant Commands• Contact UsO Frequently Asked QuestionsO Website FeedbackAdditional Links• HomeToday in DODAbout DODTop Issues• News• Photos/VideosMilitarv/DoD Websites• Contact Us••••••Inspector GeneralPrivacy & SecurityLink Disclaimer• Recovery Act• FOIA• USA.qov• No FEAR ActPlain Writing Act of 2010••••Join the Military• CareersWeb Policy• Websitesstay ConnectedRSS Feedst^odcastshttp://www.defense.gov/news/newsarticle.aspx?id=601656/23/2013Defense.gov News Article: ^tagon Assesses Leaked DocumentsPage 3 of 335560l/Vidqels:M30D Live Blogj^^jljkTwitterItto"LMORE SOCIAL MEDIA SITES .http://www.defense.gov/news/newsarticle.aspx?id=601656/23/2013Wikileaks publishes Afghan^r secrets - ABC News (Australian Bro? ' "sting Corporati...ABC N E W SPage 1 of 335561j|Wikileaks publishes Afghan warsecretsUpdated Mon Jul 26, 2010 3:41pm AESTThe White House has attackedonline whistleblowing siteWikileaks after it publishedsome 200,000 pages of secretAmerican military files aboutthe war in Afghanistan.The files, published online byThe Guardian, the New YorkTimes and Germany's DerSpiegel, include details of 144incidents in which Coalitionforces have killed civilians.The Guardian says the leaksshow that troops killed hundredsof civilians in previouslyunreported incidents.PHOTO: Secret war: Wikileaks has published some200,000 pages of secret American military files aboutthe war in AfghanistanRELATED STORY: US sailors still missing inAfghanistanEXTERNAL LINK:Visit the Wikileaks websiteMAP: AfghanistanIn one example cited by theBritish paper, French troopsfired at a bus full of children,injuring eight.A US patrol was involved in a similar incident that wounded or killed 15passengers, and in 2007 Polish troops fired mortars at a village, apparently in arevenge attack, killing guests at a wedding party which included a pregnantwoman.http://www.abc.net.au/news/2010-07-26/wikileaks-publishes-afghan-war-secrets/9199286/23/2013Wikileaks publishes Afghar^r secrets - ABC News (Australian Bro? 'sting Corporati...Page2 of 335562According to the New York Times they also "suggest that Pakistan, anostensible ally of the United States, allows representatives of its spy service tomeet directly with the Taliban."Describing the talks as "secret strategy sessions," the newspaper said they"organise networks of militant groups that fight against American soldiers inAfghanistan, and even hatch plots to assassinate Afghan leaders."The Guardian says the files revealed a secret black-ops unit which hunts downTaliban leaders for "kill or capture" without trial; how the US covered upevidence of surface-to-air missiles acquired by the Taliban; and how theTaliban have caused growing carnage with their roadside bombing campaign,killing more than 2,000 civilians to date.US national security adviser James Jones says the publication of thedocuments puts the lives of soldiers and civilians at risk."The United States strongly condemns the disclosure of classified informationby individuals and organisations which could put the lives of Americans and ourpartners at risk and threaten our national security," he said in a statement."Wikileaks made no effort to contact us about these documents - the UnitedStates government learned from news organisations that these documentswould be posted."Much of the information is not new, but what has angered officials inWashington is the detail and the scope ofthe information.The New York Times said it, along with the Guardian and Der Spiegel, hadreceived the leaked material several weeks ago from Wikileaks, a secretiveweb organisation headed by Australian Julian Assange.The news organisations agreed to publish their reports, based on the files"used by desk officers in the Pentagon and troops in the field when they makeoperational plans," on Sunday."Most of the reports are routine, even mundane, but many add insights, textureand context to a war that has been waged for nearly nine years," the Timessaid in a note to readers describing the leaks.http://www.abc.net.au/news/2010-07-26/wikileaks-publishes-atghan-war-secrets/9199286/23/2013Wikileaks publishes Afghanrsecrets-ABC News (Australian Bro?sting Corporati...Page3of335563"Overall these documents amount to a real-time history of the war reportedfrom one important vantage point - that ofthe soldiers and officers actuallydoing the fighting and reconstruction."- ABC/wiresTopics:unrest-conflict-and-war, world-politics, terrorism, afghanistan, pakistan, united-statesFirst posted Mon Jul 26, 2010 10:33am AESThttp://www.abc.net.au/news/2010-07-26/wikileaks-publishes-afghan-war-secrets/9l99286/23/2013WikiLeaks: Evidence of W? "-imes in Afghan Docs - CBS News• CBS IS pwm.com , C'RS E\tning NCTH * < BS This M.iminti ' 4S Hinrr^ * Mt MinuK-< • Sum! in M.iniin!-•••Video•US•World•Politics•Entertainment35564Facr th* Naliun•HealthPage 1 of 7•Mo ney WatchSclTecti••CrimeSports»CBS/AP/ July 26, 2010,7:57 AM•More'Log InWikiLeaks: Evidence of War Crimes in Afghan DocsWikiLeaks founder Julian Assange said Monday he believes there is evidence of war crimes in the thousands of pages of leaked U.S. military documents relating to the warin Afghanistan.The remarks came after WikiLeaks, a whistle-blowing group, posted some 91,000 classified U.S. military records over the past six years about the war online, includingunreported incidents of Afghan civilian killings and covert operations against Taliban figures.The White House, Britain and Pakistan have all condemned the release of the documents, one of the largest unauthorized disclosures in military history.Wikileaks Reveals Grim Afghan War RealitiesReport: Pakistan Aidiim Afulian InsurueucvAssange told reporters in London that "it is up to a court to decide really if something in the end is a crime. Tliat said ... there does appear to be evidence of war crimes inthis material"Assange compared tlie impact of the released material to the opening of the East German secret police archives. "This is the equivalent of opening the Stasi archives," hesaid.The documents cover much of what the public already knows about the troubled nine-year conflict: U.S. special operations forces have targeted militants without trial,Afghans have been killed by accident, and U.S. officials have been infuriated by alleged Pakistani intelligence cooperation with the very insurgent groups bent on killingAmericans.WikiLeaks posted the documents Sunday. The New York Times, London's Guardian newspaper and the German weekly Der Spiegel were given eariy access to the records.Wliite House national security adviser Gen. Jim Jones said the release "put the lives of Americans and our partners at risk." In a statement, he then took pains to point outthat the documents describe a period from January 2004 to December 2009, mostly during the administration ofPresident George W. Bush. And, Jones added, beforePresident Obama announced a new strategy.Pakistan's Ambassador Husain Haqqani agreed, saying the documents "do not reflect the current on-ground realities," in which his country and Washington are "jointlyendeavoring to defeat al Qaeda and its Taliban allies."The U.S. and Pakistan assigned teams of analysts to read the records online to assess whether sources or locations were at risk.Pakistan's powerful spy agency, Inter-Services Intelligence, said Monday that the accusations it had close connections to Taliban militants were malicious andunsubstantiated.A senior ISl official said they were from unverified raw intelligence reports and were meant to impugn the reputation of the spy agency He spoke on condition ofanonymity in line with the agency's policy.Hamid Gul, a former head of the ISl who is mentioned many times in the documents, also denied allegations that he'd worked with the insurgents.Assange said his group also had many more documents on other subjects, including files on countries from across the globe."We have built up an enormous backlog of whistleblower disclosures," he said. "We have in this backlog ... files that concern every country in the worid with a populationof over 1 million "He refused to go into detail, but said the information included "thousands of databases and files about all sorts of countries."Assange said that he believed more material would flood amid the blaze of publicity."It is our experience that courage is contagious," he said. "Sources are encouraged by the opportunities that they see before them."0 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.Popular on CBSNews.comGhost army: How a tiroiip of artists helped win WWIIDuriniz WWII, the United States employed a "diost anny" of artists, designers and audio technicians to usesights and sounds to conl'use the enemy.http://www.cbsnews.com/2100-202_162-6713548.html6/23/2013WikiLeaks: Evidence of Wa ''-imes in Afghan Docs - CBS NewsPage 2 of 735565One year after Afghan massacre, villagers work with U.S, troops One year after U.S. Staff Sm. Robert Bales was accused of slaughtering 16 Afghan civilians, theviHaulers in the town where the atrocity took place have joined the U.S. special forces stationed there to assist in the fight against the Taliban.Video shows woman tossing perceived rival off clilTHong Kong: Edward Snowden has left for third coiintrv217 CommentsEdward Snowden lands in MoscowWestern Canada luider water 16 PhotosNine toun'sts killed bv militants in PakistanHoly cap! Hats of the Royal Ascot20 PhotosU S -Taliban peace talks stalled, hope fadinuPutin makes offer to replace Patriots Super Bowl rintz29 Comments Add a Commentlinkicon reporticon emailiconOverruled! says:My Posting was removed between last night and now.1 broke noraleswith my posting.It seems I may be on the right side of facts of the US rogue government.We have been betrayed and lied lo from every administration since WW2,(Pentagon Papers), now Wikileaks has courageously exposed the lies.I am considering not posting on CBSNEWS.COM ever again...This is shameful since I have as much right to the 1st amendment as anyone.I will be seen instead joining a new political affiliation since we cannot trast either of the dominant parties in power I may just step aside and move away from thisdicing country.Along with my missing post is the replies to it and my response to them.Shame on the US Government, shame on CBS, shame on you all for allowing our country to be taken so easily without repercussions.The constitution has been used as tissue paper for too long.Wikileaks has worked to inform us of the facts, not the lies we've been accustomed to believing see you on the front.replylinkicon reporticon emailiconzoeymaddy says:not to beat a dead horse,but you are so righl,if the president of the imited states,or the vice president could be so callous as to leak valenes name as a get back to herhusband,WHAT else are they capable of politics was always politics but ever since2000,it has been don't cross me or question what i do or did or you will pay.i dobelieve the previous administration should be very closely investigated and if they did wrong they must pay!!!!!replylinkicon reporticon emailiconbabooph says:The dependency on the centrally & fully controlled "news" in the States broke down a bit here-there is also foreign news "adapted" by the propaganda system thatreally shows how the US public is brainwashed.replyhttp://www.cbsnews.eom/2100-202 162-6713548.html6/23/2013WikiLeaks: Evidence of Wa- ^-"imes in Afghan Docs - CBS NewsPage355663 of 7linkicon reporticon emailiconpinchebill says:tlME TO WAKE UP PEOPLE. THIS WAR IS SAME SAME VIETNAM. A TOTAL LOSS OF LIVES OF OUR SOLDIERS. THEIR DEATHS IS FOR WHAT?OH YOU SAY THE SURGE WORKED IN IRAQ, YEAH RIGHT WE ARE NOT OUT OF THERE YET AND WHEN WE DO LEAVE IT WILL BE INDEFEAT. STILL HAVE NOT FOUND THEM WEAPONS OF MASS DESTRUCTION.YOU ALL ARE CRYING ABOUT OUR ECONOMY AND NATIONAL DEBT. MONEY IS BEING WASTED ON UNNECESSARY WARS. WHY DO WESTILL OCCUPY GERMANY? WHY ARE WE IN KOREA? WHY ARE WE STILL JAPAN? YET WE NEED ROADS, BRIDGES, DAMS, AND INTER CITIESREPAIRED. WE HAVE TOO MANY PEOPLE UNEMPLOYED.OH YEAH YOU RIGHT THE WARS PROVIDE JOBS FOR THE UNDERTAKERS.WHEN I REGIEVED THE BRONZE STAR I WAS TOLD THAT IT AND A QUARTER WOULD GET ME A CUO OF COFFEE. I AM ASHAME OF THESERVICE I GAVE THIS NATION AND HOPE THE LORD WILL FORGIVE ME.replyzoeymaddy replies:linkicon reporticon emailiconi may be wrong but since that fateful day of September 11,2001,and it came out alquida and bin laden was responsible for it i thought our first target should havebeen saudi arabia.this being that most of the evildoers were from there.oh but wait OIL was in saudi arabi.yes afganistan HAD a major role in it,and i had nomajor qualms goin there.my one problem was GI george and ensign cheney couldn't wait to get into iraq,so thus we fabricated information,dropped theball,bragged about riding the worid of the taliban,lied cheated and stole just to get into iraq.i do believe that OUR government committed war crimes and itmakes me sick to think that,but if they did,then yes they SHOULD be brought up on war crimes charges.so if this leads to the Irath then i say thank-you yo thebrave men,and or women who finally had the guts to bring this out in the openlinkicon reporticon emailiconnoloyalisti says:This is just like the last illegal, immoral and unnecessary occupation in Vietnam. Wliat do we expect people when we let rich, greedy big corporations take over thecountry to ran it for their own profits?The best thing to happen is for the masses to see what war is really all about since the military-industrial complex is hiding it from its people,replylinkicon reporticon emailicontalkaboutit says:I was against the war from the beginning, but like every war all will never go well. Tlie White House should look into a breach of National Security with vtolatng theright of WikiLeaks. This person can't be concerned about the country, if so he would have only released certain info. His ASS should be locked up.replynoloyalisti replies:linkicon reporticon emailiconCall Congress to tell your rep not to approve any more funding for the occupation. Except to get them home now.linkicon reporticon emailiconibsteve2u says:A few problems, here...There is the technology issue...just because somebody can make big bucks selling the g'ment and the military technology that has more functionality than a teletypedoesn't mean that it is wise to permit technology with more functionality than a teletype if the additional technology is not necessary to get the job done. Those hardand removable dn'ves appear to be...problematic.Then there is the personnel issue ..1 wonder, for example, if security would be any better if the professional leakers in the Pentagon were identified and eliminated?You see, I often wonder if the increasingly sloppy security exhibited over the last few decades can be traced back to political scum (in or out of uniform) who feel theneed to ensure that information that passes before their eyes "could" have leaked somewhere else.That strikes me as being particulariy likely in light of a recent Administration whose culpability in the intentional leaking of a covert CIA operative's name was justbarely concealed.When such behavior comes from the very top...and involves individuals who had been in our government for so very long...years spent grooming allies and pawns,demanding and gaining allegiances. . .decades of carefully selecting who would be promoted based upon the behavior that the latter could be expected to exhibit andtolerate...Well, it is all too easy to believe that the last Administration and/or their carefully-chosen-for-the-right-"politicaI allegiances" appointees and/or their favorites in themilitary authorized and ordered some counter-productive actions that may very well have been criminal.After all, if it walks like a duck, quacks like a duck, has feathers like a duck, and has routinely stuck our country with the bill in the past...Shame, though, that so very many have to pay that bill,replylinkicon reporticon emailiconhatshepsut2 says:Sorry, my mistake. The redoubtable 22-year-old "analyst" Julian Assange is with Wikileaks. I feel more secure, already. Let's see, where was he five years ago? Well,at least now he can "analyse" the Christopher Columbus myth and inform us on that issue.replylinkicon reporticon emailiconraoulz says:why is everyone so afraid to know the truth??. ..and to my knowledge, pakistan or Irak or Afganistan never attaked the US, so what is the point of these wars?Wars are fought when peoples are attacked.but if not..they why do you go to war?..The US policies around the worid are "Equivocadas".. a seven year old kid could make better forcing policy than the US and that is sad.replyhttp://www.cbsnews.eom/2100-202_l 62-6713548.html6/23/2013WikiLeaks: Evidence ofW^ crimes in Afghan Docs-CBS NewsPage4of735567linkicon reporticon emailiconchoiceshaveconsequencessays:It may be trt^e that there is no reason to doubt this material, but that isn't the way we operate in this country. Maybe in Australia, one is guilty until proven otherwise,but here, in America, we tend to follow the code that proof precedesafinding of guilt,and we must be presented withareason,not to doubt but,to believe.Unsupported, undifferentiated raw materials that have not been subjected to scratinyorvalidationortestsofreliability or credibility and cross referenced with othermaterials are the stuff of grocery counterrags, not journalism ofthe American tradition.It isasmall difference, but we like it.Those of us who remember it.As forthe notion that when one rag publishes something, others will follow inasign of courageous reporting, you'dthinkagtty from Australia would knowalittlemore afx^ut the courage of sharks duringafeeding frenzy.replySee all 29 CommentsScroll LeflScroll RightI^os^^t^pol^^0^Hong Kong: EdwardSnowden has left for thlicountry21536 cicu'.s-0^Fans of Paula Deen taiFood Network0^Wing walker's plane oral ^,04Daredevil to attempt crojgorge near Grand Canv(05Food Network won't remPaula Deen's contract15601 uicwsat Dayton Air ShowI ime Liin.se: Biiildliii; Hic world's largest shin14898 views13426 views13295 viewsplayVideoThousands of Chinese lanterns mark summer solsticeBoxer makes himself at homehttp://www.cbsnews.eom/2100-202162-6713548.html6/23/2013WikiLeaks: Evidence of W? "'"•imes in Afghan Docs - CBS NewsPage 5 of 735568Watch: Deaf 3-vear-old hears lor first time•lim Gaffigan: Stand-un dadScroll LeftScroU RightMan Cheats Credit Score1 simple trick & my credit score jumped 217 pts.Banks hate this!www.thecredilsolutionprogram.comPublic Arrest Records1) Enter Name - Search For Free, 2) Get ArrestRecords Instantly!lnstantCheckMate.comInternational DevelopmentMichael Simsik - Chief of Operations, Africa RegionRead!www.worIdwiclewhoswhoreleases.comMost SharedWing walker's plane crashesat Dayton Air Show677 sliaresHong Kong: EdwardSnowden has left for thirdcountry589 slmresThe popularity of "MommyPorn"536 .'ilmresPaula Deen's Food Networkcontract won't be renewed353 sharesMassiye bee die-off inOregon city promptsinvestigation from wildlifeexperts?l?f'wrw"The Lone Ranger" premierehttp://www.cbsnews.com/2100-202_162-6713548.html6/23/2013WikiLeaks: Evidence ofWa ^imes in Afghan Docs-CBS NewsPage 6 of 735569World's Ugliest Dog Contest 2013Walmart artPhotos oi'the weekMost Discussedoc-f2 ^Paula Deen's Food Networkcontract won't be renewed/jQQFans of Paula Deen targetFood NetworkQf-yd^J.White House: "We expect"Hong Kong to comply withSnowden extraditionr^AQHong Kong: EdwardSnowden has left for thirdcountry135George Zimmerman trialwon't include experts sayingTrayvon Martin screamed on911 callCBS NewsCBSNews-coniC BS InteractiveSite MniiPnviicv PolicyFacebookHelpMobile User AerccmcmRiiS(dimeI UsAbout CBSEmail NcwslcHcn;Video Site Maphttp://www.cbsnews.eom/2100-202 162-6713548.htmlCopy ri gin c 21)13 CBS Inicracinc Inc..Ml rights rcscncd6/23/2013WikiLeaks: Evidence of Wa- '"'-imes in Afghan Docs - CBS NewsI CBS BIOS• Ad\crlisc• YouTubc' £MSSIi• no».tl ( nnl.oi.Liiii. t HS Miihile' llllemMlina• ( BS RndmNews' Dinclonniciil Pmcram,• COS LiKalhttp://www.cbsnews.eom/2100-202 162-6713548.htmlPage 7 of 7355706/23/201335571UNITED STATES OF AMERICAV.Manning, Bradley E.PFC, US. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211PROSECUTION MOTIONFOR JUDICIAL NOTICEEnclosure 424 June 2013Defense.gov News Release:"tement by Pentagon Press Secretary Ge ""Morrell and Sp... Page 1 of 235572United States Department of DefenseSearchTOP LINKSSubscribeTwitterAFPS BlogsFacebookFlickrRSSPodcastsWidgetsE-MailU.S. Department of DefenseOffice of tfie Assistant Secretary of Defense (Public Affairs)News ReleasePublic contact:http://www,defens^.QOv/landlnq/commen^.aspxor+1 (703)571-3343On the Web:http://wvm.defense.Qov/Relea5es/Relea5e.asDx?ReleaselD= 14^39Media contact: +1 (703) 697-5131/697-5132No. 340-11April 24,2011IMMEDIATE RELEASESecretary of DefenseSpeechesMessagesBiographyStatement by Pentagon Press Secretary Geoff Morrell and Special Envoy for Closure ofthe Guantanamo Detention Facility Ambassador DanielFriedToday in DoDNews ReleasesPress AdvisoriesPublicationsTranscripts"It is unfortunate that several news organizations have made the decision to publish numerous documents obtained illegally by V\^kileaksconcerning the Guantanamo (GTMO) detention facility. These documents contain classified information about current and former GTMO detainees, and westrongly condemn the leaking of this sensitive information.Imagery Archive'The Guantanamo Review Task Force, established in January 2009, considered the DABs during its review of detainee information. In somecases, the task force came to the same conclusions as the DABs. In other instances the review task force came to different conclusions, based on updated orother available information. The assessments ofthe Guantanamo Review Task Force have not been compromised to Wikileaks, Thus, any given DABillegally obtained and released by Wkileaks may or may not represent the current view of a given detainee.HighlightsPhoto EssaysWeek in PhotosDoD InfoPost 9 / 1 1 G I BillTransferabilityCommunityRelationsStars ft StripesRecovery ActSite Map'The Wikileaks releases include Detainee Assessment Briefs (DABs) written by the Department of Defense between 2002 and early 2009. TheseDABS were written based on a range of information available then."Both the previous and the current administrations have made every effort to act with the utmost care and diligence in transfening detainees fromGuantanamo. The previous administration transferred 537 detainees; to date, the current administration has transferred 67. Both administrations have madethe protection of American citizens the top priority and we are concerned that the disclosure of these documents could be damaging to those efforts. Thatsaid, we will continue to work with allies and partners around the worid to mitigate threats to the United States and other countries and to work toward theultimate closure of the Guantanamo detention facility, consistent with good security practices and our values as a nation."1 ^ Email A CopyPrinter-friendly VersionMain Menu••• HomeToday in DODAbout DODO LeadersO BiographiesO OrganizationO MissionO Frequently Asked QuestionsO (Available jobs witti DOD• Top Issueso Afgtianistano Sexual Assault PreventionO Warrior CareO Cvber SecurityO Defense Strategic Guidance• MewsO DOD News PageO Today in DODO News ReleasesO Press AdvisoriesO News TranscriptsO PublicationsO speecheso Casualty Status (PDF)O Contractso Casualty ReleasesO special ReportsO AFPS Articles•PhotosA/ideosO The Pentagon Channelo Lead Photo ArchiveO Photo EssaysO News Photoso Week In PhotosO Defenselmaqerv.milO VideosO DOD/Militarv SealsMilitarv/DoD Websiteshttp://www.defense.gov/releases/release.aspx?releaseid= 144396/23/2013Defense.gov News Release: ^ tement by Pentagon Press Secretary Ge '"Morrell and Sp... Page 2 of 235573O U.S. ArmyO U.S. Marine CorpsO U.S. NawO U S. Air ForceO National GuardO U S. Coast GuardO All DOD SitesD Military/DOD Social Media SitesO Register A Siteo Unified Combatant Commands• Contact UsO Frequently Asked QuestionsO Website FeedbackAdditional Links•Today in DODAbout DODTop Issues• News• photos/VideosMilitarv/DoD Websites• Contact Us••I••Inspector GeneralPrivacy & SecurityLink Disclaimer• Recovery Act• FOIA• USA.gov• No FEAR ActPlain Writing Act of 2010•••Join the Military• CareersWeb Policy• WebsitesStay Connectedt/VidqetstOD Live Blogacebook"llVouTube*#_ "lickrMORE SOCIAL MEDIA SITES »http://www.defense.gov/releases/release.aspx?releaseid=144396/23/2013WikiLeaks: Guantanamo Fi'Page 1 of 3Reveal New Details on Detainees - AB^ 'ews35574HOT TOPICS. Edward S n o w d e n - J a n e W i c k e r -Jodl Arias >@HomeHOMEU.S.>WorldPoliticsVideoInveMlgatlveHealthEntertainmentMoneyTechTravelPOLITICSWiMLeaks Guantanamo Files Reveal Faces, Lives of'EnemyCombatants'You Might Also Like..^AUTO START: ON | OFFBy DEV!N D W Y E R ( © d e v i n d w y e r )April 25. 2011WikiLeaks' latest release of more than 700 secret U.S. governmentdocuments unveils previously unknown details on the hundreds ofdetainees held at Ciuantunanio Bay, Cuba, since the Bush administrationopened the military detention facility there nearly a decade ago.The so-called Detainee Assessment Briefs, written by the Department ofDefense between 2002 and early 2009, were released to the New YorkTimes, Washington Post, NPR and the Guardian and published lateSunday.Single PageText Size - / +E x - C I A Ci^Staff: SPhoto GalleriesThe thousands of pages of documents reveal why each of 776 detaineeswas apprehended, what intelligence they might have been able to provideand why each should remain in custody or be turned free. Many includephotos ofthe men seen publicly for the first time.One hundred seventy-two detainees remain in U.S. military custody; mostare designated "high risk" for posing a threat to the United States iftheywere to be released, according to the Times.View W o r l d ' s U g l i e s t D o g C o n t e s tLifestyleThe information in the dossiers was largely gleaned fromyears of interrogations and evaluations by militaryintelligence analysts, but is impossible to independentlyDavid Plouffe on Guantanamo BayWatch VideoThe document dump sheds light on cases of accidentaldetentions of innocent or seemingly harmless men,http://abcnews.go.com/Politics/wikileaks-guantanamo-files-reveal-detai6/23/2013WikiLeaks: Guantanamo Fi'including an Afghan shepherd who spent three years atGitmo after being arrested near the scene of a roadsideexplosion, according to the Times.-..•M9/11 Mastennind Wont Be Tried inNYC Watch VideoPage 2 of 3leveal New Details on Detainees - AB^ 'ewsThe files show that some of the earliest prisoners includedan 89-year-old man, whom U.S. military doctors describedas suffering from "major depressive disorder, seniledementia and osteoarthritis," and a 70-year-old man whoarrived in Gitmo to have authorities later conclude "thereis no reason on the record for detainee being transferred toGuantanamo Bay detention facility." Both were releasedafter several months, the Guardian found.Mutiny Inside Wikileaks WatchSome of the captives have also included children as youngas 14, the files show. Naqib Ullah, 14, spent one year atGitmo before military investigators concluded he was telling the truthabout being kidnapped by the Taliban and returned to Afghanistan to"afford him an opportunity to 'grow out' of the radical extremism he hasbeen subject to," the Guardian reported from his file.Thefindingsalso include new details on alleged 9/11 mastermind KhalidSheik Mohammed, who is believed to have ordered a Baltimore, Md.,resident to carry out a suicide-assassination attempt against Pakistanipresident Pervez Musharraf, the documents show. The plot turned out tobe a test of the man's "willingness to die for the cause."35575sponsored LinksBuy Link HereVirgin Mobile®Shop Virgin Mobile's No Contract Service Plans & SleekDevices Now!www.virginmabiteusa.comGreat Summer DealsPlan Your Next Trip With Great Deals. All Summer Longwww.liilton.com/HHonorsNew BlackBerry®Z10Experience a new way to use your smarlphone.Purchase yours today.BlackBerry.com/BlackBerry-Z10ABC News Full EpisodesWNT 106.21.2WorUI . N * o i ^ f l M M M D p o ^ ^ f t t ^ | j ^ ^WATCH MORE FULL EPISODESConnect with World NewsMohammed also reportedly told investigators that he intended to"somehow try to attack the White House again one day" since it was nothit on 9/11, and that al Qaeda was determined to create a "'nuclear hellstorm' in America."f#g+ AABC NEWS NEWSLETTERSE-mail AddressAl Qaeda explosives trainer Tariq Mahjmud Ahmad al-Sawah toldinterrogators he designed the prototype for the shoe bomb used byRichard Reid in a failed attempt to take down a U.S. plane mid-flight inlate 2001.R\Select NewsletterI Breaking Newsf^JMORE NLWSLETTERS»The detainee charged with orchestrating the USS Cole bombing in 2000,Abd al-Rahim al-Nashiri, told investigators he was "so dedicated to jihadthat he reportedly received injections to promote impotence andrecommended the injections to others so more time could be spent on thejihad [rather than being distracted by women]," his file shows.1|2More From ABC NewsE^^S'Make Love Not Porn':New IVIovement GainingPopularity'Pregnant' Teen Boys inAds Across ChicagoMiss Utah's Gaffe GoesViralFrom Around the WebMaking Things Go Boom: A trillion-dollar missedPlastic Surgery Disasters:Indirect Firing Systemsopportunity - enough toLil Kim, Meg Ryan & Moreand Those Who Usepay U.S. deficit (ExxonMobil) (Hoiiyscoop)Them (On YourGUARD)FROM AROUND TME W E BMORE FROM A B C NEWShttp://abcnews.goxom/Politics/wikileaks-guantanamo-files-reveal-details-d^6/23/2013WikiLeaks: Guantanamo Fi'' Reveal New Details on Detainees - AB^ ' 'ewsGold Mine Collapses Kill More Than100 People (BrilliBnt Earth)WikiLeaks Suspect: Transfer toLeavenworthThe Most Shameful McDonald'sLocations Worldwide (Taka Part)Nuclear Safety Official WarnedQuakes Serious Problem': WikiLeaksMoonshiners(IXacovery)Casting WikiLeaks the Movie: WhoCould Star?Make a Big Mistake15 Awesome pictures of Derek Jeter'sGirlfriend (Rant Sports)11 Foods You Can't Buy AnywhereAnymore (The Fiscal Times)Page 3 of 335576Wikileaks' Assange for Nobel Prize?David Plouffe on Guantanamo Bay9/11 Mastermind Won't Be Tried inNYCMore Video KRELATED TOPICS: Guantanamo Bay, Julian Assange, WikiLeaks, Khalid SheikhMohammed. The Pentagon, Taliban. Al Qaeda, USS Cole. Pervez Musharraf, BarackObamaFollow @abcon Twitter, become a fan on FacebookBuy Link HSponsored LinksGreat Summer DealsPlan Your Next Trip With Great Deals, All Summer Longwww.hilton.com/HHonorsNew BlackBerry®Z10Experience a new way to use your smartphone. Purchase yours today.BlackBerry com/BlackBerry-ZIOVirgin Mobile®Shop Virgin Mobile's No Contract Service Plans & Sleek Devices Now!www.virginmobileusa.comCommenting on this article is closed.View All Commenis (13|View All Comments (13)^ N I WS " V J V U O O . ' . NEWSExternal links are provided for reference purposes.ABC News is not responsible for the content ofexternal Internet sites. Copyright C 2013 ABC NewsInternet Ventures. Yahoo! * ABC News NetworkSectionsShowsToolsAboutU.S.NY MediPad AppContact UsWorldGood Morning AmericaRegisterFeedbackPoliticsWorld News with DianeSawyerSign InAdvertisingFacebookPrivacy PolicyWeird NewsBACK TO TOPInvestigativeHealthNightlineTwitterABC's The LookoutInterest-Based AdsTerms of UseEntertainmentThis Week with GeorgeStephanopoulosEmails & News AlertsMoney20/20Message BoardsSite MapTechnologyPrimetimeRSS HeadlinesAuthors ListTravelWhat Would You Do?ABC News | UnivisionRecipesABC.comGo.comNews TopicsRoyal BabyABC News StoreLive Bloghttp://abcnews.go.com/Politics/wikileaks-guantanamo-files-reveal-details-detainees/story7i... 6/23/2013WikiLeaks publishes Guant-" mo detainee documents - CNN.comSET EDITION: U.S.INTERNATIONAL | MEXICOTV: CNNUS ' CNNICNN en EspanolPage 1 of 435577ARABICSign up I Log InSEARCHU.S.Breaking newsWorldPolitics1 Health LivingJustice 1TravelOpinionIReportMoney* jEdward Snowden, charged with espionage by U.S., has requested asylum inEcuador, its Foreign Ministry said via Twitter.WikiLeaks publishes Guantanamodetainee documentsBy t h e CNN W i r e StaffApril 25, 2011 8:53 a m. EDTAS COLD WAR LEGENDS GO.IT'S UP THERE.I S E E H O W I H t U 2G0TBf MIND THE IRON CURTAIN,_AD' - t M I 3 f i " [ " T. .IERT , WIKILEAKS RELEASES GITMO DOCUMENTS•,iOR|ii#A p t : Classified Info o n prisoners & Bin '^Tr(\f*1nT -ilriWo r n r o r c t A c I I n L I h y mIciiiLmmssEMWikiLeaks reveals terrorist inforniationSTORY HIGHLIGHTSWkiLeaks begins releasingdocuments on GuantanamodetaineesIt says it is describing casesagainst nearly 760 prisonersThe Obama administrationdisapproves of ttie documentsrelease(CNN) - Wil(iLealeing free maybe let the higher powers continue todo their work while you sleep peacefully in your bed at night - that's myreasoning.• ..BinaryTruth-v. -dustinhin - All the time I work for a non-profit, trying to help othersSometimes it feels like a losing battle2±±• . .-Mcwhiteys•• "!;'• . •:'.-^.t/s .>;;I have problems with guys with two first namesNakedforTSA'McW - like Billy Bob Thornton. Joe Don Baker and Willy "T" Ribbs"?dusHnhlnbinary, have you ever had to go out of your way to help someone?BinaryTruth •Indefinite imprisonment and torture behind the pretense of maintaining freedom.This facility is a disgrace.25. .±ShareSeottNHI think it is even worse than that, indefinite imprisonment without tnal andtorture of innocent people under the pretense of maintaining freedom,that's 1984 wordspeak if ever I've heard itBinaryTruth•*,JDrrver - What leads to Gitmo? Large crowds without knowledgeJDriver777http://www.cnn.com/2011 AJS/04/24/wikileaks.guantanamo/index.html6/23/2013WikiLeaks publishes Guant" mo detainee documents - CNN.comPage 4 of 435580Home I Video [ CNN Trends | U S | World j Politics | Justice | Entertainment | Tech j Health | Living | Travel | Opinion | iReport | Money | SportsTools & Widgets | RSS j Podcasts | Blogs | CNN mobile | My profile | E-mail alerts j CNN sriop \ Site map | Contact usC M I C 2013 Cable News Network Turner Broadcasting System. Inc. All Rights Reserved.Terms of service I Privacy guidelines I Ad ctKJtcesI Advertise vnth us I About iJ8 I Worit for us I HelpCNN en ESPANOL | CNN Mexico | CNN Chile j CNN Expansidn1 ^ - ^ o i I G $ # I 'urtceCNN TV I HLN | Transcriptshttp://www.cnn.com/2011 /US/04/24/wikileaks.guantanamo/index.html6/23/201335581UNITED STATES OF AMERICAV.Manning, Bradley E.PFC, U S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211PROSECUTION MOTIONFOR JUDICIAL NOTICEEnclosure 524 June 2013Page1 of 235582HOMEPAGETODAY'S PAPERVIDEOMOST POPULARU.S.N.Y./REGIONLog In Register NowSearch) All NYTimes.comEbfymw^orkEimMWORLDSubscribe:Digital / Home DeliveryTIMES TOPICSCapital One @U.S.BUSINESSTECHNOLOGYSCIENCEHEALTHSPORTSOPINIONARTSSTYLETRAVELJOBSREAL ESTATEAUTOSPOLITICS EDUCATIONPentagon Sees a Threat From Online MuckrakersBy STEPHANIE STROMPublished: March 17, 2010To the list of the enemies threatening the security of the UnitedStates, the Pentagon has added WikiLcaks.orp. a tiny online source ofinformation and documents that governments and corporationsaround the world would prefer to keep secret.The Pentagon assessed the danger WikiLeaks.org posed to the Armvin a report marked "unauthorized disclosure subject to criminalsanctions." It concluded that "WikiLeaks.org represents a potentialforce protection, counterintelligence, OPSEC and INFOSEC threat tothe U.S. Armv" — or, in plain English, a threat to Army operations andinformation.RECOMMENDTWITTERUNKEDINLog In to see wtiat your friends are sharingon nytimes.com. Privacy Policy | What'sThis?Log In With FacebookWhat's Popular Now QFood NetworkIDrops Paula Deen •rJki^V^In Turnabout,Syria Rebels GetLibyan WeaponsSIGN IN TOEMAILPRINTAdvertise on NYTImes.comREPRINTSSHARESTEVE CARELtTONICOLIilEWikiLeaks, true to its mission to publish materials that expose secretsof all kinds, published the 2008 Pentagon report about itself on Monday.DOING RIGHT.IT'S JUST GOODBUSINESS.Lt. Col. Lee Packnett, an Army spokesman, confirmed that the report was real. JulianAssange, the editor ofWikiLeaks, said the concerns the report raised were hypothetical."It did not point to anything that has actually happened as a result of the release," Mr.Assange said. "It contains the analyst's best guesses as to how the information could beused to harm the Army but no concrete examples of any real harm being done."WikiLeaks, a nonprofit organization, has rankled governments and companies around theworld with its publication of materials intended to be kept secret. For instance, the Army'sreport says that in 2008, access to the Web site in the United States was cut off by courtorder after Bank Julius Baer, a Swiss financial institution, sued it for publishing documentsimplicating Baer in money laundering, grand larceny and tax evasion. Access was restoredafter two weeks, when the bank dropped its case.UnlonBankMOST POPULARE-MAILEDBLOGGEDSEARCHEDVIEWED1. Editorial | Sunday Observer: The Decline and Fall ofthe English Major2. At Georgia Restaurant, Patrons Jump to Defend a ChefFrom Her Critics3. Remaking Medicine: A Louisville Clinic Races to Adaptto the Health Care Overhaul4. Son and Heir? In Britain, Daughters Cry No FairGovernments, including those of North Korea and Thailand, also have tried to preventaccess to the site and complained about its release of materials critical of theirgovernments and policies.The Army's interest in WikiLeaks appears to have been spurred by, among other things, itspublication and analysis of classified and unclassified Army documents containinginformation about military equipment, units, operations and "nearly the entire order ofbattle" for American forces in Iraq and Afghanistan in April 2007.5. 36 Hours in Vancouver, British Columbia6. For Solazyme, a Side Trip on the Way to Clean Fuel7. The Mirror: She's Done With Washing It Away8. Beijing Police Seek 'Large and Vicious' Suspects (WithWet Noses)g. Opinion: Social Networking in the 1600s10. Technophoria: Data Security Is a Classroom Worry,TooGo to Complete List»WikiLeaks also published an outdated, unclassified copy of the "standard operatingprocedures" at the military prison in Guantanamo Bay, Cuba. WikiLeaks said thedocument revealed methods by which the military prevented prisoners from meeting withthe International Red Cross and the use of "extreme psychological stress" as a means oftorture.The Army's report on WikiLeaks does not say whether WikiLeaks' analysis of thatdocument was accurate. It does charge that some of WikiLeaks's other interpretation ofinformation is flawed but does not say specifically in what way.http://www.nytimes.com/2010/03/18/us/l Swiki .html6/23/2013Page2 of 235583The report also airs the Pentagon's concern over some 2,000 pages of documentsWikiLeaks released on equipment used by coalition forces in Iraq and Afghanistan. ThePentagon concluded that such information could be used by foreign intelligence services,terrorist groups and others to identify vulnerabilities, plan attacks and build new devices.36 hours in Vancouver,British ColumbiaALSO IN TRAVEL »Vancouver viewsIn Milan, a surge of burger spotsWikiLeaks, which won Amnestv International's new media award in 2009, almost closedthis year because it was broke and still operates at less than its full capacity. It relies ondonations from humans rights groups, journalists, technology buffs and individuals, andMr. Assange said it had raised just two-thirds of the $600,000 needed for its budget thisyear and thus was not publishing everything it had.nytfmes.comTRAVELAds by Googlewhat's this?European Travel PackagesPerhaps the most amusing aspect of the Army's report, to Mr. Assange, was its speculationthat WikiLeaks is supported by the Central Intelligence Aeencv. " I only wish they wouldstep forward with a check if that's the case," he said.T h e Easiest W a y to Travel Europe,150+ Tours, All Airfare's Included.www.GoAheadTours.com/EuropeA version ofthis article appeared in print on March 16, 2010. on page A18 of the New Yor1< edition.T X J S TSIGN IN TO EMAIL9 9 $i! 4 WEEKSOF A DIGITAL SUBSCRIPIIONPRINTREPRINTS^bfyrwilorkam,,„"TRY IT NOW »What are Related Ads?RELATED ADSTry unlimited access to NYTimes.com for just 99ni* N l IN)|IIWII « )•*• Houinft< i.M3f t1L#i»ml L a a k tTw##%*?S Jul ?Q10 ? t 60 4 ? w i M a a k *onlin*W,kil#«k«r^YT n y U n i a / d a r l q l O t i w d t a n*gelbil lyfbMt/krt,lul :?Oin ? l ? 7Mwa, l o g ,l y / d l M / W M Dmimo"iMtjt"[t'7« A(,|hji. w « iimiv ?uo.t ;'Oia#f : i « * * i l i w l t « W # h u m U R ( ' m t i M H v v RmykiMvih oft IJan J O t uwmkiloak*Afghan w«f logt• • M l l a n k of a a c i « t M#m * x p o m # m h i i n i t f s t t * ol n l H J t v t•I I Sr : m h a « « y p i o t t l « » rut l l n l f l n l l i rMost popular Tech stories right n o wPMf fii«l(|ll PAnttwatMiofWikiLeaks: 'Just scratched the surface'STORY HIGHLIGHTS(CNN) - In the eariy 1970s, when Daniel Ellsberg wanted to get top-WkiLeaks.org encouragessecret information about the Vietnam War to the public, he leaked thew t i i s t l e - b l o w e r s to s e n d s e c r e tbombshell Pentagon Papers to elected officials and nationaldocumentsnewspapers.S i t e , f o u n d e d in 2 0 0 7 , h a sc a u g h t p u b l i c ' s a t t e n t i o n inrecent monthsW k i L e a k s releasedcontroversial combat video fromBut if Ellsberg, a former U.S. military analyst, wanted to leal( secretdocuments today, he probably would send them to a powerful andcontroversial new venue for whistle-blowing: a website calledWilcatedI n my role as WikiLeaks editor, rve been involved in fighting offmany legal attacks." Assange told BBC News T o do that, and keepour sources safe we have had to spread assets encrypt everythingand move telecommunications and people around the world toacbvale protective laws in different national jurisdictions'Lately. Assange is reported to be living in Iceland, which recentlypassed laws to protect anonymous speech like that promoted byWikiLeaksAssange - who has starK white hair and a deep voice, and appearsonly occasionally in YouTube videos and in media interviews - tellsreporters that the aim of WikiLeaks is to promote a more opendemocracy, where government officials and bureaucrats can't keepdark secrets from the public."We have a mission to promote political reforms by releasingsuppressed information " tie said in Apnl Assange did not respond to an e-mail about this storySite caute* oontrover^yIII Its alluiiipts tu utwMiUi mid publiu/u tliis liidOwi iiiruiiiialiuii.however, ttie site has stin-ed a number of controversiesWikiLeaks has publistied information as varied as former vicepresidential candidate Sarah Palin's personal e-mails manuals fromthe U S, base at Guantanamo Bay. Cut>a: e-mails that spawned theXlimategate' global-warming controversy late last year anddocuments that Assange reportedly says altered the outcome of the2UU/ presidential election m KenyaCiimategate' review clears scientists of dishonestyAn Schwartz, vice president and chief executive officer of the Centertor Democracy and Technology, said i f : unclear what WikiLeaks'lasting impact will be If the site publishes state secrets wittioutcause, a public backlash could quickly kill the following the site istrying to build"If they're publishing just to publish the public reaction against thatinformation is going to be so negative," he saidSchwartz said his group has benefited from WikiLeaks. which wasable to obtain some congressional public records his organizationcoukj not.Ttiey are effective in terms of getting to documents that people havetrouble accessing in other ways" he saidEllsberg - ttie former U S Department of Defense official wtioleaked the Pentagon Papers in the '70s and who now donates toWikiLeaks, said the site has the potential to change the way ttieworld's governments operate.He says the site will make leaders more accountable to the publicThe recently released military vkteos are "a very small door so far.into the huge library of broadly withheld information" he saidHe called Assange a hero for trying to shed light on those hiddencatalogues1,145 people recommerxJ this. Sign up to sec what /ourfriends recommend.http://www.cnn.com/20IO/TECH/web/07/07/what.is.wikileaks/index.html6/23/2013Page 4 of 5The website that reveals stat- -crets - CNN.com35587FOLLOW THIS TOPIC @From around the webMore from CNNMore Employees "Going Rogue" On IT Tibbr BlogPolice: Ohio day-care operator drugged pancakes tomake children sleepDog Brings Home Abandoned Baby & Family Hopesto Adopt Her Cafe MomTeen's body exhumed for second autopsyIDS 7: Apple's war against jailbreaking now makesperfect sense ZDNetFlorida woman claims massive Powertiall pot,pockets more than $370 millionYou're Doing it Wrong I: 15 Movies Based on a TrueStory That Received Backlash From Their Real-LifeCharacters StyleblazerAgents racing to save girl had one blurred clueScientists find black hole bonanzaAddicted gamers are sweet on 'Candy Crush'Cat Mocks How-To Helpless Humans ClickZTop 10 Most Beautiful Women f r o m the Detroit AutoShow Motor Pros[what's this)Sponsored linksProstate Cancer QuestionsLearn About Your Treatment Options.Our Free Guide & DVD ProvidesMan Cheats Credit ScoreCheck out the New Mazda61 simple trick & my credit scorejumped 217 pts. Banks hate this!www thecreditsoiutionprogramcomA performance of grace & energy.Explore the new Mazda6 online.www.Ma2daUSA.comProstRcision.com911 comments•0Comments for this thread are now closed.BestShare ^CommunityOBralns662 I love wikilealTIckTockPOWGodspeed wikileaksll! Are we even in America anymore?18Share*TheBoSsSaid/n^fs.ignYes and help the terrorists by publishing "Boeing 737-200 maintenancemanuals" on your site Yes folks, that's Wikileaks for you. Check it outyourself.dbacchus•;Polaris, you don't need to post It twice, especially since it is such a moronicargument. The 'boeing manual' you can find everywhere and in like 20different languages. It's NOT at all national security material:)10Share 'josephcecilthe us govt is prosecuting the good soldier who leaked the video provingour military lies totally when it wants, this video is damning evidence, aswith so many other crimes., the military now prosecutes the youngwhistleblower..bad govt8gy-Share-TheBossSald-Maybe I didn't make it clear enough Wikileaks DOES publish the "Boeing737-200 maintenance manuals" on their site They say it's for victims offamily members who were killed in crashes due to poor maintenance. Ifsuch people really need to use those documents in a court case, they willhave access to them by the courts. But publishing these documents onlyserves terrorists who want to gain more insight into the workings ofcommercial aircraft. Wikileaks has no discernment on what informationrlic/*lr\coc c r i m i n a l m \ / o r i inc anH t h a t w / h i r h airic t o r m r i c t cA n H t h a n l f \/r>i ihttp://www.cnn.com/2010/TECH/web/07/07/what.is.wikileaks/index.html6/23/2013The website that reveals sta | Advertise vwth us | About us | Work for us | HelpS f > * 1 f W > j I Q * • I 'urkc»CNN TV I HLN | Transcriptshttp://www.cnn.com/2010/TECH/web/07/07/what.is.wikileaks/index.html6/23/201335589UNITED STATES OF AMERICAV.Manning, Bradley E.PFC, U.S.Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211PROSECUTION MOTIONFOR JUDICIAL NOTICEEnclosure 624 June 201335590•DCauoSI%m>,Eoraao•aw1=^^^(fl>.raa.uing 00O ^^^^^^^^^^^CDrag#o —!l&iE T33(fl0c5" o%1I-> iI'i;— £OmOi£ra(fl«^11!Ois o £N.>O11coi HmraZ o^ l2HiI-¥ra-g 6o. cinbd§:«HOzg»o5^^^i !^!s isIs- s? 501 «EIfl0) u oS< ^> U)§: ra>,=Cl01 "D.Q 3>* £ CI s ra Z^ "IDo^^^2 =.C .QCOU0) (o^^^^II.cu!cSa0)Hi'in oa.m .Q<01 raj= nrE£5ooMCD1^oOinCMCM" CM'SJcoogo,oOo %(MCDo«o>.-D(0 m+minmUl UJo ^ ET E til ?LU35591^-wooaPaiore o o oos. a> 0o0 oCNJ CNCD COfl O d i n CO 0 0 i ni6 CNCMCDO o oCJ) M .CN cricdo oCD o0 0 CN CJ)00 1 ^cdCN3csCMrfCN3"S-wCDOCrentj)itQO oo o O o O o CD o oCN CO CO CO m N o1 ^ 1 ^ 00T^CO 1 ^ 0 0 i n cd 0 0 cdcd 0 00 0 CD CO 1 ^ oCO i n O C3) CNCNCN CNJCNc(QQ.£ •?c•ac 5§.0)(QOOIOo ooN 00d ai cdCN i ncn 0 0 1 ^I^O o o o oCO N M . 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U35 on mwoowmo nondmnonbobnm mow Sum Hume? 9:8 5 2% 35?. mo no Em $5.0 m?35608UNITED STATES OF AMERICAV.Manning, Bradley E.PFC, U.S.Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211PROSECUTION MOTIONFOR JUDICIAL NOTICEEnclosure 724 June 2013Page 1 of 135609U.S. OFFICE OF PERSONNEL MANAGEMENTWWW.0PM.GOVSalary Table 2003-GS2003 General ScheduleINCORPORATING A 3.10% GENERAL INCREASEEffective January 2003Annual Rates by Grade and StepASCII211 1 II15214 157221 2 II17106175121 3 II18664192861 4 II20952216501 5 II23442242231 6 II2613027001r? 1129037 300051 8 II32158332301 9 II3551936703110 II 39115 40419111II42976 44409|l2 II51508 53225113 II 61251 632931 14 II 7238174794II5II85140 87978|GS||6753416228 16731 17238 17536 i8034i8o79 18559 18767 19319 1987182042319908 20530 21152 21774 2239622348 23046 23744 24442 251402583818538918559lO1903120975 2152723018 23640 2426226536272343047125004 25785 26566 27347 2812827872 28743 29614 30485 3135628909 2969030973 31941 32909 33877 3484534302 35374 36446 37518 3859037887 39071 40255 41439 4262341723 43027 44331 45635 4693935813 36781 3774939662 40734 4180645842 47275 48708 5014154942 56659 58376 60093515746181065335 67377 69419 71461 7350377207 79620 82033 84446 8685932227 33098 3396943807482434499146175508514954753007 5444055873669616352765244755458927277587 7962991685 9409890816 93654 96492 99330 102168 105006 107844 110682• Salaries and Wages• Compensation AdministrationHome PageThis page can be found on the web at the following url: http://archiue.opm.gov/oca/03tables/html/gs.aspU.S. O f f i c e o f Personnel Management1900 E Street, NW, Washington, DC 20415 \ (202) 606-1800 | TTY (202) 606-2532http://archive.opm.gov/oca/OjLaoles/html/gs.asp6/23/2013Salary Table 2004-GSPage 1 of 235610Archived Content.You have reached a collection of archive material. The content available is no longer being updated andmay no longer be applicable as a result of changes in law, regulation and/or administration. If you wishto see the latest content, please visit the current version of the site.You have reached a collection ofarchived material.The content available is no longer being updated and may no longer beapplicable as a result of changes in law, regulation and/or administration. Ifyou wish to see the latest content, please visit the current version of the site.U.S. OFFICE OF PERSONNEL MANAGEMENTWWW.OPM.GOVSalary Table 2004-GS2004 General ScheduleINCORPORATING A 2.70% GENERAL INCREASEEffective January 2004Annual Rates by Grade and StepASCIIGS^234567185218919039 19060lO115625 16146 16666 17183 17703 i 8 o o 9219841 2 0 4 0 820975317568 17985 18567 19060 1927419168 19807 20446 21085 2172422363 2300223641 2428024919421518 22235 22952 23669 2438625103 2582026537 2725427971524075 24878 25681 26484 27287 2 8 0 9 061954321542 221092889329696 30499 3130226836 27731 28626 29521 3041631311 3220633101 33996 34891729821 3 0 8 i 5 31809 32803 33797347913578536779833026 34127 35228 36329 37430385313963240733 41834 42935936478 37694 38910 40126 41342425581040171 41510 42849 44188 45527 4686643774 4 4 9 9 0 46206 4742248205 49544 5 0 8 8 3 5222211 44136 45607 47078 48549 5 0 0 2 0http://archive.opm.gov/oca/04tables/html/gs.asp514915296237773 3876754433 55904573756/23/2013Salary Table 2004-GSPage 2 of 23561112 52899 54662 56425 58i88 59951 61714 63477 65240 67003 6876613 62905 65002 67099 69196 71293 73390 75487 77584 79681 8177814 74335 76813 79291 81769 84247 86725 89203 9 i 6 8 i 94159 9663715 87439 90354 93269 96184 99099 102014 104929 107844 110759 113674• Salaries and Wages• Compensation Administration Home PageThis page can be found on the web at the following url: http://archive.opm.gov/oca/04tables/html/gs.aspU.S. Office o f Personnel Management1900 E Street, NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532http://archive.opm.gov/oca/04tables/html/gs.asp6/23/2013Salary Table 2005-GSPage 1 of235612You have reached a collection ofarchived material.The content available is no longer being updated and may no longer beapplicable as a result of changes in law, regulation and/or administration. 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If you vnshto see the latest content, please visit the current version of the site.U.S. OFFICE OF PERSONNEL MANAGEMENTWWW.OPM.GOVSalary Table 2005-GSINCORPORATING THE 2.50% GENERAL SCHEDULE INCREASEEFFECTIVE JANUARY 2005Annual Rates by Grade and StepASCIIG r a d e S t e p 1 S t e p 2 Steps S t e p 4 Steps S t e p 6 S t e p 7 S t e p 8 S t e p 9 S t e p 10 W G I123456789101112131416016 1655018007 1843519647 2030222056 2279124677 2550027507 2842430567 31586338,52 3 4 9 8 037390 386361708319031209572352626323176131953721612242612714629341 3025832605 3362436108 3723639882 4112841175 42548 4392145239 46747 4825554221 56028 5783564478 66627 6877676193 78733 8127389625 92613 9560118146 18459197.55 2033622267 2292224996 2573127969 2879231175 3209218984 1951520917 2149823577 2423226466 27201296153300934643 35662 3668138364 39492 4 0 6 2 042374 43620 44866466674 8 0 4 0 494134529449763 51271 52779 5428759642 61449 63256 6506370925 73074 75223 7737283813 863f?3 88893 9143398589 101577 104565 ioZ%3http://archive.opm.gov/oca/05tables/html/gs.asp1953722079248872793630438 3126133926 3484337700 3871941748 4287646112 4735850786 5215955795 5730366870 6867720036 VARIES22660 VARIES25542655286717353208435760823917397384400448604101911281246535325881113731508180779521 81670704848381993973 96513110541 1135299905311651721492.54029886/23/2013Salary Table 2005-GSPage 2 of 235613• Salaries and Wages• Compensation Administration Home PageThis page can be found on the web at the following url: http://archive.opm.gov/oca/05tables/html/gs.aspU.S. Office o f Personnel Management1900 E Street, NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532http://archive.opm.gov/oca/05tables/htmi/gs.asp6/23/2013Salary Table 2006-GSPage 1 of 235614You have reached a collection ofarchived material.The content available is no longer being updated and may no longer beapplicable as a result of changes in law, regulation and/or administration. 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If you wdshto see the latest content, please visit the current version of the site.U.S. OFFICE OF PERSONNEL MANAGEMENTWWW.OPM.GOVSALARIES AND WAGES2006-GSINCORPORATING THE 2.10% GENERAL SCHEDULE INCREASEEFFECTIVE JANUARY 2006Annual Rates by Grade and StepG r a d e S t e p i S t e p 2 steps S t e p 4 S t e p s s t e p 6 S t e p 7 S t e p 8 S t e p 9 S t e p 10 W G I116352 16898 17442 17983 18527 18847 19383 19925 19947 20450 VARIES21838,^ 18822 19431 19947 20169 20762 213.55 21948 22,541 231,34 VARIES2 0 0 6 0 20729 21398 22067 22736 2,3405 24074 24743 2,5412 2608166932627424021277762927823270247722702528,5277512552342251984025195 26035 26875 27715 28555 29395 30235 31075 31915 327555628085 29021 29957 30893 31829 32765 33701 34637 35573 3650993610403120932249332893640937449384893952940569343293536971152834,563 35715 .36867 38019 39171 40323 41475 42627 43779 4493147086407214963244.54012734581348,3,5941994 43267938175 3944814014 2 0 4 0 43441 44842 46243 47644 49045 50446 .51847 ,5,3248 .54649101146189 47729 49269 5 0 8 0 9 52349 53889 55429 56969 58509 6004915401255360 57205 59050 60895 62740 64585 66430 68275 7012071965184565832 68026 70220 72414 74608 76802 78996 81190 83384 85578219413141577793 8 0 3 8 6 82979 85572 88165 90758 93351 9,5944 98,5,37 10113091507 945.57 97607 100657 103707 106757 109807 1128,57 11,5907 1189.57http://archive.opm.gov/oca/06tables/html/gs.asp259330506/23/2013Salary Table 2006-GSPage 2 of 235615• Salaries and Wages• Compensation Administration Home PageThis page can be found on the web at the following url: http://archive.opm.gov/oca/o6tables/html/gs.aspU.S. Office o f Personnel Management1900 E Street, NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532http://archive.opm.gov/oca/06tables/html/gs.asp6/23/2013Pagelof2Salary Table 2007-GS35616^ou have reachedacollection o^archived n^ateriahThe content available is no longer being updated and may no longer beapplicable asaresult of changes in law,regulation and/or admir^istration.Ifyou wish to see the latest content, please visit the current version of the site.^e^^ve^^^ntent^You have reachedacollection of archive material. The content available is no longer being updated andmayno longerbeapplicableasaresultofchangesinlaw,regulationand/oradministrationIfyouwishto see the latest contenL please visit the current version ofthe site.O.S.OFF^OE OF PE^SONNE^ MANAGEMENTWWWOP^^OVSALARIES AND WAGESSALARY TABLE 2007-GSINCORPORATING THE 1.70% GENERAL SCHEDULE INCREASEEFFECTIVE JANUARY 2007Annual Rates by Grade and StepS t e p 2 steps S t e p 4 Steps S t e p 6 S t e p 7 steps S t e p 9 S t e p 10 W G I16630 17185 17739 18289 18842 19167 19713 20264 20286 20798 VARIES18698 19142 19761 20286 20512 21115 21718 22321 22924 23527 VARIES68020401 21081 21761 22441 23121 23801 24481 25161 25841 2652122902 23665 24428 25191 259,54 26717 27480 28243 29006 2976976325623 26477 27331 28185 29039 29893 30747 31601 32455 3330985428562 29514 30466 31418 32370 33322 34274 35226 36178 3713095241262105831740 32798 33856 34914 35972 37030 3 8 0 8 8 39146 4 0 2 0 411724101142183 43355 44527 4569935151 36323 37495 38667 3983938824 40118 41412 42706 4 4 0 0 0 45294 46,588 47882 49176 50470129449880,5.5580142542755 44180 45605 47030 4845551305 52730 5415515665480459502610685010651672532385637048540579364697456301 58178 60055 61932 63809 65686 67563 69440 71317 731941877223266951 69183 71415 73647 75879 78111 80343 82575 84807 87039Grade S t e p i2345678910111213141579115 8175293063 961658438987026 89663 92300 94937 97574 100211 102848102369 105471 1 0 8 ^ 111675 114777 117879 120981^^ Newsroom > Releases » Facts for Features & Special Editions » Facts for Features: Thanksgiving Day: Nov. 26, 2009NewsroomProfile Americagn f c ^ ~ > i " 1 ^ ^ forIt m t / t ^CBO9-FF 22Sept. 30, 2009 ("REVISED")FeaturesThanksgiving DayNov. 26, 2009In the fall of 1621, the Pilgrims, early settlers of Plymouth Colony, held a three-day feast to celebrate a bountiful harvest, anevent many regard as the nation's first Thanksgiving. Historians have also recorded ceremonies of thanks among othergroups of European settlers in North America, including British colonists in Virginia in 1619. The legacy of thanks and thefeast have survived the centuries, as the event became a national holiday in 1863 when President Abraham Lincolnproclaimed the last Thursday of November as a national day of thanksgiving. Later, President Franklin Roosevelt clarifiedthat Thanksgiving should always be celebrated on the fourth Thursday of the month to encourage earlier holiday shopping,never on the occasional fifth Thursday.250 millionThe preliminary estimate of turkeys raised in the United States in 2009. That's down 8 percent from the number raised during 2008.The turkeys produced in 2008 together weighed 7.9 billion pounds and were valued at $4.5 billion.Source: USDA National Agricultural Statistics Service Weighing in With a IVIenu of Culinary Delights45.5 millionThe preliminary estimate of turkeys Minnesota expected to raise in 2009. The Gopher State was tops in turkey production, followed byNorth Carolina (37.5 million), Arkansas (28 million), Missouri (21 million), Virginia (16.4 million) and California (15 million). These sixstates together would probably account for about two-thirds of U.S. turkeys produced in 2009.709 million poundsThe forecast for U.S. cranberry production in 2009. Wisconsin is expected to lead ail states in the production of cranberries, with 400million pounds, followed by Massachusetts (190 million). New Jersey, Oregon and Washington are also expected to have substantialproduction, ranging from 16 million to 54 million pounds.1.8 billion poundsThe total weight of sweet potatoes - another popular Thanksgiving side dish - produced by major sweet potato producing states in2008. North Carolina (874 million pounds) produced more sweet potatoes than any other state. It was followed by California (437million pounds) and Mississippi (335 million pounds).1.1 billion poundsTotal production of pumpkins produced in the major pumpkin-producing states in 2008. Illinois led the country by producing 496million pounds of the vined orange gourd. Pumpkin patches in California, Pennsylvania and New York also provided lots of pumpkins:Each state produced at least 100 million pounds. The value of all pumpkins produced by major pumpkin-producing states was $141million.If you prefer cherry pie, you will be pleased to learn that the nation's forecasted tart cheny production for 2009 totals 284 millionpounds. Of this total, the ovenwhelming majority (220 million) will be produced in Michigan.2.2 billion bushelsThe total volume of wheat - the essential ingredient of bread, rolls and pie crust - produced in the United States in 2009. NorthDakota and Kansas accounted for 34 percent of the nation's wheat production.794,777 tonsThe 2008 contracted production of snap (green) beans in major snap (green) bean-producing states. Of this total, Wisconsin led allstates (320,200 tons). Many Americans consider green bean casserole a traditional Thanksgiving dish.Source: The previous data came from the USDA National Agricultural Statistics Service .$9.2 millionThe value of U.S. imports of live turkeys from January through July of 2009 - 99.3 percent from Canada. When it comes to sweetpotatoes, however, the Dominican Republic was the source of 60.7 percent ($2.8 million) of total imports ($4.7 million). The Unitedstates ran a $5.8 million trade deficit in live turkeys during the period but had a surplus of $23.1 million in sweet potatoes.Source: Foreign Trade Statistics 13.8 poundsThe quantity of turkey consumed by the typical American in 2007, with a hearty helping devoured at Thanksgiving time. Per capitasweet potato consumption was 5.2 pounds.Source: Statistical Abstract ofthe United States: 2010, Tables 212-213 .http://www.census.gov/newsroom/releases/archives/facts_for_features_special_editions/cb... 6/23/2013Facts for Features: Thanksgi'^ Day: Nov. 26, 2009 - Facts for FeatureSpecial Editi... Page 2 of 235648The Turl^ey Industry$3.6 billionThe value of turkeys shipped in 2002. Arkansas led the way in turkey shipments, with $581.5 million, followed by Virginia ($544.2million) and North Carolina ($453 million). In 2002, poultry businesses whose primary product was turkey totaled 35 establishments,employing about 17,000 people.Source: Poultry Processing: 2002 $3.8 billionForecast 2009 receipts to fanners from turkey sales. This exceeds the total receipts from sales of products such as barley, oats andsorghum (combined) and peanuts.Source: USDA Economic Research Service The Price is Right$1.33Retail cost per pound of a frozen whole turkey in December 2008.Source: Statistical Abstract ofthe United States: 2010, Table 717 Where to FeastNumber of places in the United States named after the holiday's traditional main course. Turkey, Texas, was the most populous in2008, with 456 residents, followed by Turkey Creek, La. (361) and Turkey, N C. (272). There are also nine townships around thecountry named Turkey, three in Kansas.Source: Population estimates 5Number of places and townships in the United States that are named Cranberry or some spelling variation of the red, acidic berry(e.g., Cranbury, N J ), a popular side dish at Thanksgiving. Cranberry township (Butler County), Pa., was the most populous of theseplaces in 2008, with 27,194 residents. Cranberry township (Venango County), Pa., was next (6,795).Source: Population estimates . 28Number of places in the United States named Plymouth, as in Plymouth Rock, the landing site of the first Pilgrims. Plymouth, Minn., ISthe most populous, with 71,486 residents in 2008; Plymouth, Mass., had 55,705. There is just one township in the United Statesnamed "Pilgrim." Located in Dade County, Mo., its population was 128 in 2008. And then there is Mayflower, Ark., whose populationwas 2,231 in 2008.Source: Population estimates 117 millionNumber of households across the nation - all potenfial gathering places for people to celebrate the holiday.Source: Families and Living Arrangements: 2008 Following is a list of observances typically covered by the Census Bureau's Farts for Features series:African-American History Month (February)Super BowlValentine's Day (Feb. 14)Women's History Month (March)Irish-American Heritage Month (March)/St. Patrick's Day (March 17)Asian/Pacific American Heritage Month (May)Older Americans Month (May)Cinco de Mayo (May 5)Mother's DayHurricane Season Begins (June 1)Father's DayThe Fourth of July (July 4)Anniversary of Americans With Disabilifies Act (July 26)Back to School (August)Labor DayGrandparents DayHispanic Heritage Month (Sept. 15-Oct. 15)Unmarried and Single Americans WeekHalloween (Oct. 31)American Indian/Alaska Native Heritage Month (November)Veterans Day (Nov. 11)Thanksgiving DayThe Holiday Season (December)Editor's note: The preceding data were collected from a variety of sources and may be subject to sampling variability and othersources of error. Facts for Features are customarily released about two months before an observance in order to accommodatemagazine production timelines. Questions or comments should be directed to the Census Bureau's Public Information Office:telephone: 301-763-3030; fax: 301-763-3762; or e-mail: .rppn o r ^ denotes a file in Adobe's Portable Document Formal. To view the file, you will need the Adobe® Reader®available free from Adobe. This symbol Q» indicates a link to a nongovernment web site. Our linking to these sites does not constitute an endorsement of any products, services or the information found on them. Once you link to another site you are subject tothe policies of the new site.Source: U.S. Census Bureau | Public Information Office | PIOi8)census.aov | Last Revised: June 14, 2013http://www.census.gov/newsroom/releases/archives/facts_for_features_special_editions/cb... 6/23/201335649UNITED STATES OF AMERICAV.Manning, Bradley E.PFC, U.S. Army,HHC, U.S. Army Garrison,Joint Base Myer-Henderson HallFort Myer, Virginia 22211PROSECUTION MOTIONFOR JUDICIAL NOTICEEnclosure 1124 June 2013iceland.is I The Official GatevPage 1 of2to Iceland35650CONTACT USSITEMAPSEARCHLit

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