Title: Def Discovery Req, 13 May 11; Def Req to Preserve Evidence, 21 Sep 11; Def Discovery Req, 13 Oct 11, 15 Nov11, 16 Nov 11

Release Date: 2014-03-20

Text: Headquarters and Headquarters Company, U.S.Army Garrison, Joint Base Myer-Henderson Hall,Fort Myer, VA 2221 1DATED: 13 May 201 1UNITED STATES DEFENSE DISCOVERYv. REQUESTMANNING, Bradley PFC US. Army, 1. In accordance with the Rules for Courts-Martial and the Military Rules of Evidence,Manual for Courts-Martial, United States, 2008, Article 46, Uniform Code of MilitaryJustice, and other applicable law, request for supplemental discovery is hereby made forthe charged offenses in the case of United States v. Bradley E. Manning.2. The defense requests that the government continue with its obligation to providediscovery in response to each item listed in its previous discovery requests on 29 October2010, 15 November 2010, 8 December 2010, 10 January 2011, and 16 February 2011 andto also respond to the below requested discovery.3. The defense requests that the government produce any and all documents (sworn orsigned statements, photographs, emails tangible items (books, papers, andreports (investigative summaries, damage assessments, Original Classi?cation Authority(OCA) determinations, etc.,) conducted by the United States Army, the Department ofDefense. the Department of Justice, the National Security Agency, the DefenseIntelligence Agency, the Department of Homeland Security Office of Intelligence andAnalysis, the Central Intelligence Agency, the Federal Bureau of Investigation, and theBureau of Diplomatic Security (DS). The trial counsel, upon defense request, has anaffirmative obligation to seek out requested evidence that is in thepossession of thegovernment even if that evidence is not already in the immediate possession of the trialcounsel. United States v. Williams, 50 M.J. 436, 441 (C.A.A.F. 1999); United States v.Bryan, 868 F.2d 1032, 1036 Cir. 1989); United States v. Brooks, 966 F.2d 1500, 1503(1992) (the government is considered to have possession of infomiation that is in thecontrol of agencies that are ?closely aligned with the prosecution?).4. The defense requests any Brady material in the government?s possession. Brady v.Maryland, 373 U.S. 83 (1963) (holding that due process requires the government to turnover exculpatory evidence in its possession). The defense also requests any Jencksmaterial in the goverrunent?s possession. Jencks v. United States, 353 U.S. 657 (1957)(holding that, in a criminal prosecution, the government may not withhold documentsrelied upon by government witnesses, even where disclosure of those documents mightdamage national security matters). Speci?cally, the defense requests copies of allstatements, oral or written, by any witnesses. The defense also requests any evidence in Defense Discovery Request PFC Bradley E. Manningthe government?s possession that contradicts or is inconsistent with the government?stheory of the case.5. The defense requests that the government inform the defense counsel if it does notintend to comply with any speci?c provision of this request.6. It is understood that this is a continuing request.7. A copy of this request was served on Trial Counsel by e?mail on 13 May 2011.DAVID EDWARD COOMBSCivilian Defense Counsel STA T0v. PRESERVE MANNING, Bradley PFCUS. Army,Headquarters and llearlq uarters (jiompany, US.Army (iarrison, lnint Base Hall.Fort Myer, A 22211DATED: 21 September 201 accordance with the Rules for Courts-Martial (R.C.M. 70 (at) and Manual forCourts-Martial. United States. 2008. Article 46. Uniform Code of Military Justice, andother applicable law. defense counsel in the above entitled ease request thatthe US. preserve all computer forensic evidence obtained in this case.2. The Defense speci?cally requests that the Government preserve all the hard drivesfrom the Tactical Sensitive ompartmented lnfortnation Facility and theTactical Operations Center of Headquarters and Headquatter C"ompan_v (HHC).2nd Brigade Combat Team 10th Mountain Division. Forward Operating Base(FOB) Hammer, Iraq and provide an LinC:-use Forensic image of each computer to thedefense for its inspection. The defense also requests an EnC?-ase forensic image of anyother eonrputer seized. by the Governrnent in this case.3. In accordance with 70l(c), ?[e]ach party shall have equal opportunity to inspect evidence.? Defense counsel is requesting an equal opportunity to inspect the harddrives from the and TOC 2nd Mountain Division. FOBl~I-ammer, Iraq. The defense lneliex-"es the requested evidence constitutes Brady materialunder Bmd_}= v. 373 (L8. 83 (W63).4. A copy ofthis request was served on Trial Counsel by e-mail on 21 September201 l.Civilian Defense CounselUNITED STATESDEFENSE DISCOVERYREQUESTMANNING, Bradley E.. PFCU.S. Army. Headquarters and I-leadquarters Company, US.Amty Garrison. Joint Base Myer-l lenderson Hall,Fort Myer, VA 22211DATED: 13 October 201 1. In accordance with the Rules for Courts-Martial and the Military Rules of Evidence, Manualfor Courts-Martial. United States. 2008. Article 46, Uniform Code of Military ustiee. and otherapplicable law, request for discovery is hereby made for the charged offenses in the ease ofUnited States v. Bradley E. Manning.a. A copy of any adverse administrative or action, all supporting documentation, and anyrebuttal materials to such action based upon the 15-6 investigation conducted by L'l'(i Robert I.Caslen Jr. or any other govemmental investigation. with regards to any individual that was thesubject ofsuch an adverse action in relation to the alleged leak ofclassi?ed information in thiscase. The request includes. but is not limited to, the following individuals: COL. David M.Miller, COL Paul R. Walter, I.TC Brian D. Kerns, LTC Rodney Gar?eld, LTC RandolphWardle, MAJ Eric Davis. MAJ F.ric Graham. MAJ Jason A. Morrow, MAJ Clifford D. Clattsen,MAJ Elijah A Dreher, CPT Matthew W. Freeburg. ISG Eric H. Usbeck. CPT Thomas M.Cherepko, CPT Steven J. Lim, CPT Barclay D. Keay, l"l' Casey Martin, 1LT Tanya M. Gaag.ll.T Elizabeth A. Fields, CW2 Joshua D. Ehresman. CW2 (Thad liztstep, CW2 Alfred Lyons,W01 Kyle J. Balonek. SFC Paul D. Adkins, SSG Lawrence W. Mitchell, SPC Daniel W.Padgett. and PFC Jirlealt W. Sltowrnan.b. An inspection of all seized governmental computers from the Tactical SensitiveCompartmented lnformation Facility IF) and Tactical Operations Center ofHeadquarters and He:-tdqtiarters Company (HHC). 2nd Brigade Combat Team (BCT), 10Mountain Division, Forward Operating Base (FOB) Hammer. Iraq for the presence of any and allunauthori/.cd computer programs to include. but not limited to: (a full featured InternetRelay (.?hat client for Windows that can be used to communicate. share, play or work with otherson IRC networks); Wget (a web crawler program designed for robustness over slow or unstablenetwork connections); an application program which allows a user to easilyconvert geographic coordinates among a wide variety of coordinate systems. map projectionsand datums): and Grid Extractor (a binary executable capable of extracting MGRS grids frommultiple free text documents and importing them into it Microsoft Excel spreadsheet).c. The defense requests any Brady material in the governments possession. Brady v. 373 83 (1963) (holding that due process requires the government to turn over exculpatoryevidence in its possession). 'l he defense also requests any Jenc/cs" material in the govemmenfsDefense Discovery Request PFC Bradley E. Manningpossession. v. 353 US. 657 i957) (?holding that. in a criminalprosecution, the government may not withhold documents relied upon by government witnesses.even where disclosure of those documents might damage national security matters). The defensespecitically requests the following information:i) White llouse: any report or recommendation concerning the alleged leaks in this case byMr". Russell Travers, National Security Staffs Senior Advisor for Information Access andSecurity Policy. Mr. Travers was tasked to lead a comprehensive etifiort to review the allegedleaks in this case. Any and all documentation related to President Barack H. Obama?s order foran investigation and a government wide?review ofhow agencies safeguard sensitive information.Additionally, any and all documents related to the steps the administration is consideringregarding these leaks and the nature of the criminal investigation underway into how thedocuments were made public as referenced by former White House Press Secretary RobertGibbs. Any assessment given, or discussions concerning, the disclosures by anymember of the government to President Obama. Any e?mai1, report, assessment, directive, ordiscussion by President Obama to the Department ol? Defense. Department of State orDepartment of Justice;i_i) Presidenfs intelligence Advisory Board: any report or recommendation concerning thealleged leaks in this by Chairman Chuck Hagel or any other member of the IntelligenceAdvisory Board;Central Intelligence Agency: any report, damage assessment or recommendation by theWikileaks Task Force or any other CIA member concerning the alleged leaks in this case. Anyinternal or external memorandums addressing the investigation of BradleyManning or the nature ol"the Office ofSecurity?s investigation into these matters;iv) Department of Defense: All forensic results and investigative reports by the Departmentot'Del?ense regarding the information obtained by Wiltileaks and the results of any jointinvestigation with the Federal Bureau of Investigation (FBI) as 1?clercnced by Former Secretaryof Defense Robert M. Gates. Additionally, any specific damage assessment by the Depanmentot?Defense regarding the disclosure of classified documents and videos, the subject of this case,by Wil


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