Title: Gov Resp to Def Req for Discovery Memos, 12 Apr 11 and 12 Apr 11

Release Date: 2014-03-20

Text: IAttachment DEPARTMENT OF THE ARMYU.S. ARMY MILITARY DISTRICT OF WASHINGTON210 A STREETFORT LESLEY J. MCNAIR, DC 20319-5013REPLY TOATTENTION OFANJA-CL 12 April 201 IMEMORANDUM FOR Mr. David E. Coombs, Civilian Defense CounselSUBJECT: Response to Defense Request for Discovery, 29 October 2010 U.S v. PFC BradleyManning1. The responses provided in this discovery request account for the ongoing national securityconcerns of this case and the ongoing law enforcement investigation(s), and responds under thelimitations of applicable Executive Orders. The? United States acknowledges its requirementsunder Article 46, UCMJ, the Rules for Courts-Martial, and relevant case law.2. Discovery Response.a. A copy of any handvwitten, typed or recorded statements by the Accused or any otherpotential witness in connection with the investigation of this case made to representatives of thegovernment to include summaries of conversations with representatives of the government,which were not attached as allied papers at the time the charges were preferred. See DiscoveryRequest, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.b. The contents of all statements, oral or written, made by the Accused that are relevant tothe case, known to the trial counsel, and within control of the armed forces. See DiscoveryRequest, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.c. Any statement made by the Accused that the trial counsel intends to introduce intoevidence, reduced into writing and disclosed. M.R.E. See Discovery Request,paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.d. Any derivative evidence of the Accused?s statements. M.R.E. Specifically,the complete Instant Message chat log and any emails allegedly sent between the Accused andMr. Adrian A. Lamo. See Discovery Request, paragraph SUBJECT: Response to Defense Request for Discovery, 29 October 2010 U.S v. PFC BradlevManningRESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.e. Disclosure of all evidence seized from the person or property of the Accused, whetherbelieved to be owned by the Accused or anyone else that the prosecution intends to offer intoevidence against the Accused at trial. See Discovery Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.f. The results of any examination of computers allegedly used or owned by PFC Manning.See Discovery Request, paragraph RESPONSE: The United States does not presently have the authority to disclose thisclassified information and will make a determination whether to provide the information if andwhen it becomes available.g. Copies of all medical and mental reports relating to the Accused. Speci?cally, thedefense requests copies of any behavioral health assessments of PFC Manning both before,during, and after the deployment to Iraq. See Discovery Request, paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.h. Any known evidence tending to diminish the credibility of any witness including, but notlimited to, prior convictions under M.R.E. 609, or evidence of other character, conduct, or biasbearing on witness credibility under 608. See Discovery Request, paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.i. The name and contact information for any law enforcement agent working with Mr.Adrian A. Lamo. See Brady v. Maryland, 373 U.S. 83 (1963); United States v. Agurs, 427 U.S.97 (1976). See Discovery Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.j. Any other evidence in the possession of the government favorable to the Accused,tending to negate the guilt of the Accused of any offense charged, or reduce the punishment forany offense charged. See Discovery Request, paragraph ANJA-CLSUBJECT: Response to Defense Request for Discovery, 29 October 2010 U.S v. PFC BradleyManningRESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.k. The names and contact information for all government investigators who haveparticipated or who are presently participating in the investigation of the case. See DiscoveryRequest, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.1. Any evidence of other crimes, wrongs, or acts which the prosecution seeks to introducefor any purpose whatsoever. M.R.E. 404(b). See Discovery Request, paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.m. All personal or business notes, memorandums, and writings prepared by investigators inthe case which are not furnished pursuant to any other provisions of this request. See DiscoveryRequest, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.11. The military status of all witnesses. Where applicable, the defense requests the date ofseparation from the Army, and the discharge provisions used to effect such discharge if for otherthan completion of the obligated term of service. M.R.E 301(c)(2). See Discovery Request,paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.0. The Tactical Sensitive Compartment Information (T-SCIF) accreditation packet for FOBHammer. See Discovery Request, paragraph 10).RESPONSE: The United States presently has no knowledge of any such records. TheUnited States will make a determination whether to provide the information if and when itbecomes aware of such records.p. The SOP for the T-SCIF at FOB Hammer. See Discovery Request, paragraph 10). ANJA-CLSUBJECT: Response to Defense Request for Discovery, 29 October 2010 U.S v. PFC BradleyManningRESPONSE: The United States presently has no knowledge of any such records. TheUnited States will make a determination whether to provide the information if and when itbecomes aware of such records.q. The name and contact information for the security manager at the T-SCIF at FOBHammer. See Discovery Request, paragraph 10).RESPONSE: 1LT Elizabeth Fields was the Special Security Representative (SSR). TheUnited States understands its continuing obligation to provide information responsive to thisrequest.r. A copy of the security classi?cation guide for the Tactical Sensitive CompartmentInformation (T-SCIF) at FOB Hammer. See Discovery Request, paragraph 10).RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.s. PFC Manning's training records related to his MOS. See Discovery Request, paragraph10).RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.t. Any documentation PFC Manning has signed dealing with information security. SeeDiscovery Request, paragraph 10).RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.u. A list of any refresher training or in-country training PFC Manning received oninformation security. See Discovery Request, paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.v. Any evidence of prior Article 15 action, civilian or military convictions, and adverseadministrative actions relating to any of the govemment's witnesses, defense witnesses, or theAccused. See Discovery Request, paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest. ANJA-CLSUBJECT: Response to Defense Request for Discovery, 29 October 2010 U.S v. PFC BradleyManningw. Any evidence that the government intends to use for impeachment purposes of theAccused, or any other witness. This includes any character evidence the government intends tointroduce at trial under M.R.E. 404. See Discovery Request, paragraph RESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.x. A list of all witnesses the prosecution intends to call during the Article 32 along withtheir addresses and phone numbers and copies of all prior written statements. See DiscoveryRequest, paragraph RESPONSE: The United States will provide this information in a separate documentprior to the Article 32 investigation.y. Copies of all business and official records which the prosecution intends to introduceeither during the Article 32 or at trial. See Discovery Request, paragraph RESPONSE: The United States will provide this information in a separate documentprior to the Article 32 investigation.2. A list of all exhibits the government plans to utilize at the Article 32 or at trial. SeeDiscovery Request, paragraph RESPONSE: The United States will provide this information in a separate documentprior to the Article 32 investigation.aa. Any evidence, testimony, or witnesses the government intends to use at the Article 32 orat trial that have been obtained through grants of immunity, or any other concessions beinggranted to a witness, the content of such testimony or evidence, and the terms of any such grantsof immunity or concessions. See Discovery Request, paragraph RESPONSE: The United States will disclose such evidence, testimony, or witnesses ifand when immunity or leniency is granted to a witness.bb. All documents, memoranda, or records of conversations pertaining to this case, whetherprepared by investigators, commanders, convening authority or any other person. See DiscoveryRequest, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation. ANJA-CLSUBJECT: Response to Defense Request for Discovery, 29 October 2010 US v. PFC BradleyManningcc. A complete copy of the CID ?le(s) (including but not limited to the so called "right" and"left side") interviews, notes, and Agent Activity Summaries or any other ?les maintained by alaw enforcement agency at Fort Myer, Fort Drum, Contingency Operating Station Hammer, orany other installation that participated in the investigation of this case. See Discovery Request,paragraph I RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.dd. A complete copy of any other documents or ?les pertaining to the above namedindividual. See Discovery Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.ee. A complete copy of any emails or memorandums relating to the preferral of charges inthis case or to the level of court-martial. See Discovery Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.ff. Any writings used to refresh the memory of any government witness. MRE 612. SeeDiscovery Request, paragraph RESPONSE: The United States presently has no knowledge of any such records. TheUnited States will make a determination whether to provide the information if and when itbecomes aware of such records.gg. Copies of the report conceming the polygraph examinations administered to any personrelated to this case. This includes copies of statements taken after the polygraph exam. SeeDiscovery Request, paragraph RESPONSE: The United States presently has no knowledge of any such records. TheUnited States will make a determination whether to provide the information if and when itbecomes aware of such records.hh. A copy of any Freedom of lnforrnation Act (F OIA) request and any response or internaldiscussions of any such OIA request that is related to the classi?ed video charged inSpeci?cation 1, Charge I and Speci?cation 1, 2, and 5 of Charge 11. See Discovery Request,paragraph ANJA-CLSUBJECT: Response to Defense Request for Discovery, 29 October 2010 U.S v. PFC BradleyManningRESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.3. The United States acknowledges a continuing obligation to provide discovery to the extentthat it is required by the defense request and applicable law. Please feel free to contact me if youq?e3?i?"5 3? IA SHDEN EINCPT, JATrial Counsel DEPARTMENT OF THE ARMYu.s. ARMY MILITARY DISTRICT OF WASHINGTON210 A smearFORT LESLEY J. MCNAIR. DC 20319-5013REPLY TOATTENTION OFANJA-CI- 12 April 2011MEMORANDUM FOR Mr. David E. Coombs, Civilian Defense CounselSUBJECT: Response to Defense Request for Discovery, 1 November 2010 U.S v. PFCBradley Manning1. The responses provided in this discovery request account for the ongoing national securityconcerns of this case and the ongoing law enforcement investigation(s), and responds under thelimitations of applicable Executive Orders. The United States acknowledges its requirementsunder Article 46, UCMJ, the Rules for Courts-Martial, and relevant case law.2. Discovery Response.All damage assessments conducted by Original Classi?cation Authorities (OCAS).RESPONSE: The United States is not currently in possession of this information, and willmake a determination whether to provide the information when it becomes available.3. The United States acknowledges a continuing obligation to provide discovery to the extentthat it is required by the defense request and applicable law. Please feel free to contact me if youhave any questions or concerns at. EINPT, I ATrial Counsel DEPARTMENT OF THE ARMYu.s. ARMY MLITARY DISTRICT or WASHINGTON210 A smearroar LESLEY J. MCNAIR. uc 20319-5013REPLY TOATTENTION OFANJA-CL 12 April 2011MEMORANDUM FOR Mr. David E. Coombs. Civilian Defense CounselSUBJECT: Response to Defense Request for Discovery, 8 December 20 0 U.S v. PFCBradlev Manningl. The responses provided in this discovery request account for the ongoing national securityconcerns of this case and the ongoing law enforcement investigation(s), and responds under thelimitations of applicable Executive Orders. The United States acknowledges its requirementsunder Article 46, UCMJ, the Rules for Courts-Martial, and relevant case law.2. Discovery Response.a. The names and contact information for all government investigators who haveparticipated or who are presently participating in the investigation of the case, previouslyrequested on 29 October and 15 November 2010. See Defense Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.b. Contact information for SA Hyung Kim from the Department of Defense and SA RichardBowen from the Army Computer Crimes Unit. See Defense Request, paragraph RESPONSE: This request is denied at this time. The defense is invited to renew itsrequest, if this case is referred to a court-martial.c. An inventory of the items seized from the home of Mr. Paul rancia at - . See Defense Request, paragraph RESPONSE: This request is denied at this time. The defense is invited to renew itsrequest, if this case is referred to a court-martial.d. All forensic results and investigative reports by the Department of State regarding theinformation obtained by Wikileaks as referenced by Assistant Secretary of State for PublicAffairs PJ. Crowley. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation. ANJA-CLSUBJECT: Response to Defense Request for Discovery, 8 December 2010 U.S v. PFCBradley Manninge. Any speci?c damage assessment by the Department of State regarding the disclosures ofthe diplomatic cables by Wikileaks. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.f. Any assessment, report, e-mail, or document by Secretary of State Hillary RodhamClinton regarding the disclosures of diplomatic cables by Wikileaks. See Defense Request,paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.g. Any report, e-mail or document discussing the need for the State Department todisconnect access to its ?les from the government's classi?ed network. See Defense Request,paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.h. All forensic results and investigative reports by the Department of Defense regarding theinformation obtained by Wikileaks. See Defense Request, paragraph RESPONSE: The United States does not presently have the authority to disclose thisclassi?ed information and will make a determination whether to provide the information if andwhen it becomes available.i. Results of any joint investigation with the Federal Bureau of Investigation (FBI) asreferenced by Secretary of Defense Robert M. Gates. See Defense Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.j. Any speci?c damage assessment by the Department of Defense regarding the disclosureof classified documents and videos, the subject of this case, by Wikileaks. See Defense Request,paragraph SUBJECT: Response to Defense Request for Discovery, 8 December 2010 U.S v. PFCBradley ManningRESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.k. Any and all documentation related to the Department of Justice investigation into thealleged leaks by Wikileaks as referenced by Attomey General of the United States Eric H.Holder. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.1. Any and all documentation related to President Barack H. Obama?s order for aninvestigation and a government wide-review of how agencies safeguard sensitive information.See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.In. Any and all documents related to the steps the administration is considering regardingthese leaks and the nature of the criminal investigation underway into how the documents weremade public as referenced by Robert Gibbs, the White House spokesman. See Defense Request,paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.11. Any assessment given, or discussions concerning, the Wikileal-ts disclosures by anymember of the government to President Obama. Any e-mail, report, assessment, directive, ordiscussion by President Obama to the Department of Defense, Department of State orDepartment of Justice. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation. ANJ A-C SUBJECT: Response to Defense Request for Discovery, 8 December 2010 U.S v. PFCBradley Manning0. Any and all documents relating to the Government Task Force created to review thevarious Wikileaks releases for potentially damaging information prior to the actual releases. ThisTask Force apparently had over 120 members reviewing the documents that were either releasedor pending release to determine the possible harm to national security. See Defense Request,paragraph RESPONSE: The United States does not presently have the authority to disclose thisclassified information and will make a determination whether to provide the information if andwhen it becomes available.p. The results of any investigation or review by Mr. Russell Travers who has beenappointed by President Obama to head an interagency committee assigned to assess the damagecaused by Wikileaks exposures and to organize efforts to tighten security measures ingovernment agencies. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation. .q. Any and all documentation related to the Pentagon's review on the policy andtechnological shortfalls that led to the Wikileaks disclosures as referenced by Pentagonspokesman Bryan Whitman. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.r. Any and all documentation related to the Central Intelligence Agency (CIA) investigationof Wikileaks announced by CIA Director Leon Panetta and any internal or externalmemorandums addressing the investigation of Wikileaks, PFC Bradley Manning or the nature ofthe Office of Security's investigation into these matters. See Defense Request, paragraph 20).RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.5. Any and all documentation relating to the government's position of taking a hard line onunauthorized leaks of information, as demonstrated by the prosecutions of a former NationalSecurity Agency official, a Federal Bureau of Investigation linguist, and a State Departmentcontractor and referenced by CIA Director Leon Panetta. See Defense Request, paragraph ANJA-CLSUBJECT: Response to Defense Request for Discovery, 8 December 2010 U.S v. PFCBradlev ManningRESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.t. Any and all memorandums, e-mails, or other references by Congressmen, Senators, orgovernment officials concerning the disposition of this case or the need to punish PFC BradleyManning. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.u. Any and all documentation, e-mails, or reports given to the Summary Court?MartialConvening Authority, the General Court-Martial Convening Authority, or the Staff JudgeAdvocate concerning the disposition of PFC Bradley Manning's case or the nature of the chargesor possible charges against PFC Manning. Speci?cally, any attempt to influence the independentdiscretion of anyone involved in the military justice process. See Defense Request, paragraphRESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.v. Any and all documents or observation notes by employees of the Quantico confinementfacility relating to PFC Bradley Manning. See Defense Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.w. The results of the 15-6 investigation into the government's improper release of classi?edinformation to the defense. See Defense Request, paragraph RESPONSE: The United States will not provide the requested information. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation. ANJA-CLSUBJECT: Response to Defense Request for Discovery, 8 December 2010 - U.S v. PFCBradley Manning3. The United States acknowledges a continuing obligation to provide discovery to the extentthat it is required by the defense re uest and a licable law. Please feel free to contact me if youASHDEN FEINPT, ATrial Counsel DEPARTMENT OF THE ARMYU.S. ARMY MILITARY DISTRICT OF WASHINGTON210 A STREETFORT LESLEY J. MCNAIR, DC 20319-5013REPLY TOATTENTION OF12 April 201 1MEMORANDUM FOR Mr. David E. Coombs, Civilian Defense CounselSUBJECT: Response to Defense Request for Discovery, 10 January 2011 U.S v. PFC BradleyMalining1. The responses provided in this discovery request account for the ongoing national securityconcerns of this case and the ongoing law enforcement investigation(s), and responds under thelimitations of applicable Executive Orders. The United States acknowledges its requirementsunder Article 46, UCMJ, the Rules for Courts-Martial, and relevant case law.2. Discovery Response.a. Any information relating to 18 U.S.C. 2'703(d) order or any search warrant by thegovernment of Twitter, Facebook, Google or any other social media site. Any metadata, MD5hash marks or other unique identifying information obtained from the 2703(d) order or searchwarrant. See Discovery Request, paragraph RESPONSE: The United States will not provide the requested infonnation. Thedefense has failed to provide any basis for its request. The United States will reconsider thisrequest when provided with an authority that obligates the United States to provide the requestedinformation.b. The results and all supporting documents for the investigation conducted by LTG RobertCaslen Jr. The report is directed by the Secretary of the Army John McHugh and is supposed tobe completed by 1 February 2011. It will address how PFC Bradley Manning was selected forhis job, how he was trained, whether his superiors missed warning signs that he wasdownloading documents that he did not need to read and how PFC Manning allegedly releasedthe documents. See Discovery Request, paragraph RESPONSE: This request is denied at this time. The defense is invited to renew itsrequest, if this case is referred to a court-martial.c. The results of any inquiry and testimony taken by House of Representative oversightcommittee led by Representative Darrell lssa. The committee is due to look into Wikileaks, theactions of Attomey General Eric Holder, and the investigation of PFC Bradley Manning. SecDiscovery Request, paragraph RESPONSE: The United States presently has no knowledge of any such records,outside publicly made statements through press conferences or media organizations, equally ANJA-CLSUBJECT: Response to Defense Request for Discovery, 10 January 201 1 - U.S v. PFC BradleyManningaccessible by the defense. The United States will make a determination whether to provide theinformation if and when it becomes aware of such records.d. A copy of all Agents Investigation Reports maintained under CID Regulation 195-] notpreviously provided to the defense. A copy of all agent notes, other governmental Investigativereports and swom statements. See Discovery Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.3. The United States acknowledges a continuing obligation to provide discovery to the extentthat it is required by the defense request and applicable law. Please feel free to contact me if youhave any questions or concerns atASHDEN FEINCPT, JATrial Counsel DEPARTMENT OF THE ARMYu.s. ARMY MILITARY DISTRICT or WASHINGTON210 A STREETFORT LESLEY J. MCNAIR, DC 20319-5013REPLY TOATTENTION OFANJA-CL 12 April 2011MEMORANDUM FOR Mr. David E. Coombs, Civilian Defense CounselSUBJECT: Response to Defense Request for Discovery, 16 February 201 U.S v. PFCBradley Manning1. The responses provided in this discovery request account for the ongoing national securityconcerns of this case and the ongoing law enforcement investigation(s), and responds under thelimitations of applicable Executive Orders. The United States acknowledges its requirementsunder Article 46, UCMJ, the Rules for Courts-Martial, and relevant case law.2. Discovery Response.a. The defense requests the names of the Soldiers who have been flagged, the nature forwhy they were flagged, who imposed the ?ag, and any other derogatory information relating tothis case to include, but not limited to: any reprimand (oral or written), UCMJ action, oradministrative separation actions. See Discovery Request, paragraph RESPONSE: This request is denied at this time. The defense is invited to renew itsrequest, if this case is referred to a court-martial.b. The defense requests a copy of any and all audio or video tapes of PFC Manning at anytime whether they be from in person visits or from telephonic conversations. See DiscoveryRequest, paragraph RESPONSE: This request is denied at this time. The defense is invited to renew itsrequest, if this case is referred to a court-martial.c. A copy of the latest CID investigation report and all Agents Investigation Reportsmaintained under CID Regulation I95-1 not previously provided to the defense. Additionally, acopy of all agent notes, other governmental investigative reports, and sworn statements. SeeDiscovery Request, paragraph RESPONSE: The United States has provided a portion of this information andunderstands its continuing obligation to provide information responsive to this request.d. A roster of all individuals assigned to I-IHC, ZBCT, 10th Mountain Division, speci?callyany Soldier assigned in the S2 Section of 2BCT. The defense requests full name, rank, email andphone contact information for each individual. See Discovery Request, paragraph ANJA-CLSUBJECT: Response to Defense Request for Discovery, 16 February 2011 - U.S v. PFCBradley ManningRESPONSE: The United States has provided all matters requested that are in itspossession and understands its continuing obligation to provide information responsive to thisrequest.e. Access to all classified information that the government intends to use in this case. Toinclude any damage assessment or infonnation review conducted by any governmental agency orat the direction of a governmental agency. See Discovery Request, paragraph RESPONSE: The United States does not presently have the authority to disclose thisclassified information and will make a detemiination whether to provide the information if andwhen it becomes available.3. The United States acknowledges a continuing obligation to provide discovery to the extentthat it is required by the defense request and applicable law. Please feel free to contact me if youhave any questions or concerns atASHDEN FEINCPT, JATrial Counsel

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