Title: Emails between Mr. Coombs and CPT Fein related to A) PFC Manning's POI Status at Quantico; and B) Arranging an Unmonitored Official Visit

Release Date: 2014-03-20

Text: ATTACHMENT 33-/29/12 Workspace Webmail PrintPrint Close WindowSubject: Re: Brig Commo (US v. Manning)From: "Fein, Ashden USA ow s.m- Date: Fri, Nov 19, 2010 9:34 amTo: "Morrow Ill, JoDean, CPT USA DW Sir. lam available. Let's chat so we can get the best conditions set. Have a good weekend.Cc:Ashden FeinCPT, JA From: To: Fein, Ashden CPT USA SJASent: Fri Nov 19 09:23:36 2010Subject: RE: Brig Commo (US v. Manning)Ashden,I have heard of the same concern from him, and I understand why he isworried. The guards usually stand outside of the booth and constantly look into ensure everything is fine. This brings up an issue that I want to ask foryour assistance on.The defense needs a workable solution to the problem of being able toprepare with PFC Manning. The confinement facility will only let me meetwith him in their no-contact booths. They also keep his hand and legrestraints on when he speak with me. Additionally, the entire defense teamcould never meet with PFC Manning at the same time under this requirement.I believe the fix is to bring PFC Manning to an office that the defense coulduse either at Quantico or at a nearby TDS office on an Army installation.I am traveling today, but would like to talk to you about this and some otherminor issues on Monday if you are available. Have a good weekend.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-30074/29/12Workspace Webmail PrintOffice: (508) 674-6006Fax: (508) 324-9896Notice: This transmission, including attachments, maycontain confidential attorney?c|ient information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Original Message Subject: Brig Commo (US v. Manning)From: "Fein, Ashden CPT USA Date: Thu, November 18, 2010 4:17 pmTo: Sir. According to the Brig, PFC Manning has made some comments to theconfinement personnel about him thinking his communications with you andthe defense team are being monitored. Could you please assure your clientthat no communications between are being monitored, which is whyyou meet in a separate room than normal visitors. Thank you.AshdenAshden FeinCPT, JAChief, Military JusticeU.S. Army Military District of washington (MDN)COMM:CELL:NIPR:SIPR: Copyright 2003-2012. All rights reserved.Fein&aEmlPart=0 Workspace Webmail PrintPrint Close WindowSubject: Re: POI IssueFrom: "Fein, Ashden CPT USA DW Date: Fri, Dec 03, 2010 6:00 pmTo: "Morrow Ill, JoDean, CPT USA JFHQ-NCRIM DW Cc: "Matthew kemkes"Sir. Although I understand your concern we are absolutely working this issue as our highestpriority. Currently there is a disconnect in multiple services with multiple competing regulationsand we have to ensure the correct applicable rules apply. lsuspect we will have resolution bycob tuesday.AshdenAshden FeinCPT, JAFrom: To: Fein, Ashden CPT USA SJACc: Morrow JoDean, CPT USA Matthew kemkes; Paul BouchardJohn Haberland -Sent: Fri Dec 03 17:15:57 2010Subject: POI IssueAshden,I was wondering if you had an update on the POI issue with PFC Manning. Ihave spoken with the confinement facility about PFC Manning's allegedbehavior. The report concerning the "|icking" was apparently from one guard.Capt. Hocter saw PFC Manning on Thursday. It is my understanding that afterspeaking with PFC Manning, he is still recommending that the POIrestrictions be lifted. As mentioned earlier, given the recommendation ofCapt. Hocter, I do not believe the confinement facility has a legitimate non-punitive basis to keep PFC Manning on the POI status. Additionally, it is myunderstanding that other than in this instance, the confinement facility hasnever had anyone under POI restrictions for this length of time. This fact alsocuts against a legitimate non?punitive basis.I am hoping that this issue can be resolved in the short term. Let me know ifyou have any questions or concerns.Fein&aEmlPart=0 1/ Workspace Webmail 2: PrintBest,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006Fax: (508) 324-9896Notice: This transmission, including attachments, mayi contain confidential attorney-client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Copyright 2003-2012. All rights reserved.Fein&aEmlPart=0/29/12 Workspace Webmail PrintPrint I Close WindowSubject: RE: UpdateFrom: "Fein, Ashden CPT USAJFHQ-NCRIM DW Date: Wed, Dec 08, 2010 6:51 pmTo: "Morrow JoDean, CPT USA JFHQ-NCRIM DW "Matthew kemkes" Cc:Sir,Thank you. Acknowledge receipt of this discovery request. We will startworking immediately. We are still actively addressing the POI issue withQuantico.v/rAshdenAshden FeinCPT, JAChief, Military JusticeU.S. Army Military District of Washington (MDW) From: Sent: Wednesday, December 08, 2010 11:51 AMTo: Fein, Ashden CPT USA SJACc: Morrow Ill, JoDean, CPT USA Matthew kemkes;john.haberland@us.army.milSubject: UpdateAshden,lwanted to confirm that the government has made the necessary transportationarrangements to have PFC Manning sent to Fort Myer on the 14th and 15th.Also, howis the POI issue coming along? My understanding is that Capt.Hocter is still recommending that the POI be lifted. Finally, haveattached an additional defense discovery request. Let me know if you haveany questions or concerns.Best,David-mailob.secureserverneuview print Fein&aEmIPart=O Workspace Webmail PrintDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006. Fax: (508) 324-9896Notice: This transmission, including attachments, maycontain confidential attorney?client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Copyright 2003-2012. All rights reserved.Fein&aEmlPart=0 -/29/12 Workspace Webmail PrintPrint Close WindowSubject: RE: UpdateFrom: "Fein, Ashden CPT USA DW Date: Thu, Dec pmTo: "Morrow JoDean, CPT USA DW -, "Matthew kemkes"Cc.Sir, Tomorrow the Quantico Brig is holding their Classification and AssignmentBoard, which makes recommendations to the Brig We requested the OICconsider the issues you presented in his determination of PFC Manning'sstatus. We should find out a result by COB tomorrow on whether his status isgoing to change. We obtained his uniforms and he will have them for hismeetings with you next week.We still are waiting on a nomination for an IA expert. As I previouslystated, the MDW does not have any available IA experts so we had to go to theArmy for that assistance.Do you still want to meet next week at Ft Meade? As previously stated, letsplan for early evening on Wed? We confirmed that CID did collect PFCManning's health records and we are now working to get a copy. Theycurrently have them sealed and once we take possession of them, we willrelease the documents after having a taint attorney review them for possibleprivileged documents (you will of course receive the privileged documents,but we will keep them sealed).Thanks.AshdenAshden FeinCPT, JAChief, Military Justice From: Sent: Wednesday, December 08, 2010 7:17 PMTo: Fein, Ashden CPT USA SJACc: Morrow Ill, JoDean, CPT USA Matthew kemkes;Fein&aEmlPart=O1/-/29/12 Workspace Webmail PrintSubject: RE: UpdateAshden,Thank you. Do you have a time-table on the POI issue? Earlier today, Ispoke with Capt. Hocter. He told me that he is still recommending that PFCManning be taken off of POI status. He told me that the behavior witnessedby the guards appears to be a result of a side effect from PFC Manning'ssleep medication.As I have said before, I believe the current confinement restrictions rise tothe level of unlawful pretrial punishment. Mr. Averhart does not have alegitimate basis to continue to ignore the advice of his mental healthprofessional. Maintaining the POI status prevents PFC Manning fromexercising, having basic items such as a pillow and sheet, and subjects himto prolonged isolation. Please tell me what you have done so far to addressthis issue, and the additional steps that you plan to take to resolve it.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006Fax? (508) 324-9896?Confidentiality Notice: This transmission, including attachments, maycontain confidential attorney-client information and is intended for theperson(s) or company named. if you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Original Message Subject: RE: UpdateFrom: "Fein, Ashden CPT USA Date: Wed, December 08, 2010 6:51 pmTo: Cc: "Morrow JoDean, CPT USA Sir,Thank you. Acknowledge receipt of this discovery request. We willstartworking immediately. We are still actively addressing the issuewithQuantico.Fein&aEmlPart=O/29/12Print Workspace Webrnail PrintClose WindowSubject: RE: UpdateFrom: "Fein, Ashden CPT USAJFHQ-NCRIM DW Date: Sun, Dec 12, 201010259 pmTo: "Morrow JoDean, CPT USA JFHQ-NCRIMDW "Matthew kemkes" Cc: Sir,Good evening. We are working to determine why PFC Manning's televisionprivileges were allegedly taken away. As previously stated, on 10 Dec 10 theClassification and Assignment Board met and we should know the resultstomorrow whether some of the administrative protective measures can/will belifted. The Army is working to provide the most appropriate lA expert.I spoke with our POC on Friday and I expect to have an answer the first halfof this week and then we will present the expert to the convening authority.Our trial this week could end earlier than expected, but I leave thatdecision to your co-counsel, MAJ Kemkes. As of now, Joe and I will plan tomeet on Wed late afternoon either at Meade or our office at McNair. We willremain flexible as well.Please let us know if there are any issues with your meetings this week withyour client. All the arrangements are made and ready to execute.We are diligently working on determining what information we are inpossession of and can be released pursuant to your requests.AshdenAshden FeinCPT, JAChief, Military Justice Message-~-uFrom: Sent: Friday, December 10, 2010 3:35 PMTo: Fein, Ashden CPT USA SJACc: Morrow JoDean, CPT USA Matthew kemkes;Subject: RE: UpdateAshden,Fein&aEmlPart=01!/29/12 Workspace Webmail PrintIjust spoke with Capt. Hocter. He says that PFC Manning was not looking asgood today due to having his television privileges taken away. Apparently,the confinement facility decided to take away his television privileges whenthey heard about the rumor spreading in the news about PFC Manning committingsuicide.As far as I know, they didn't explain to PFC Manning why his privileges werebeing taken away. Due to this fact, PFC Manning apparently looked depressedtoday (after two days without the privileges). This, in turn, caused Capt.Hocter to recommend that he stay on POI until he looked normal again. Capt.Hocter did recommend that the facility give back his television privilegesand allow him to exercise.As far as the meeting on Wednesday, lwould still like to meet. I know thatwe will have to be flexible as to the time. Also, thank you for the updateon the IA and medical records.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006Fax: (508) 324-9896Notice: This transmission, including attachments, maycontain confidential attorney-client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is -- Original Message Subject: RE: UpdateFrom: "Fein, Ashden CPT USA Date: Thu, December 09, 2010 11:49 pmTo: Cc: "Morrow JoDean, CPT USA Sir,Tomorrow the Quantico Brig is holding their Classification andAssignmentBoard, which makes recommendations to the Brig OIC. We requested theOICFein&aEmlPart=O-/29/12 Workspace Webrnail Printconsider the issues you presented in his determination of PFCManning'sstatus. We should find out a result by COB tomorrow on whether hisstatus isgoing to change. We obtained his uniforms and he will have them forhismeetings with you next week.We still are waiting on a nomination for an IA expert. As Ipreviouslystated, the MDW does not have any available IA experts theArmy for that assistance.Do you still want to meet next week at Ft Meade?? As previouslystated, letsplan for early evening on Wed? We confirmed that CID did collect PFCManning's health records and we are now working to get a copy. Theycurrently have them sealed and once we take possession of them, wewillrelease the documents after having a taint attorney review them forpossibleprivileged documents (you will of course receive the privilegeddocuments,but we vw'l| keep them sealed).Thanks.AshdenAshden FeinCPT, JAChief, Military JusticeU.S. Army Military District of Washington (MDW) --?--Original From: Sent: Wednesday, December 08, 2010 7:17 PMTo: Fein, Ashden CPT USA SJACc: Morrow JoDean, CPT USA Matthew kemkes;Subject: RE: UpdateAshden,Thank you. Do you have a time-table on the POI issue? Earlier today,Ispoke with Capt. Hocter. He told me that he is still recommendingphp?u.dArray= jz-14-/29/12 Workspace Webmail Printthat PFCManning be taken off of POI status. He told me that the behaviorwitnessedby the guards appears to be a result of a side effect from PFCManning'ssleep medication.As I have said before, I believe the current confinement restrictionsrise tothe level of unlawful pretrial punishment. Mr. Averhart does not havea legitimate basis to continue to ignore the advice of his mentalhealthprofessional. Maintaining the POI status prevents PFC Manning fromexercising, having basic items such as a pillow and sheet, andsubjects himto prolonged isolation. Please tell me what you have done so far toaddressthis issue, and the additional steps that you plan to take to resolveit.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006Fax? (508) 324-9896Notice: This transmission, including attachments,maycontain confidential attorney-client information and is intended fortheperson(s) or company named. If you are not the intended recipient,pleasenotify the sender and delete all copies. Unauthorized disclosure,copying oruse of this information may be unlawful and is -- Original Message Subject: RE: UpdateFrom: "Fein, Ashden CPT USA Date: Wed, December 08, 2010 6:51 pmTo: Cc: "Morrow Ill. JoDean, CPT USA . "Matthew kemkes" Fein&aEmlPart=0 4' -/29/12 Workspace Webmail PrintSir,Thank you. Acknowledge receipt of this discovery request. We willstartworking immediately. We are still actively addressing the POI issuewithQuantico.v/rAshdenAshden FeinCPT, JAChief, Military JusticeU.S. Arm Militar District of Washin ton MDW ?-?--Original From: Sent: Wednesday, December 08, 2010 11:51 AMTo: Fein, Ashden CPT USA SJACc: Morrow Ill, JoDean, CPT USA Matthew kemkes; Subject: UpdateAshden.Iwanted to confirm that the government has made the necessarytransportationarrangements to have PFC Manning sent to Fort Myer on the 14th and15th.Also, how is the POI issue coming along? My understanding is thatCapt.Hocter is still recommending that the POI be lifted. Finally, I haveattached an additional defense discovery request. Let me know if youhaveany questions or concerns.Best.DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006Fax: (508) 324-9896Fem&aEmlPar1=0 5/ J29I12 Workspace Webmail Print9 1 Notice: This transmission, including attachments,ma)?contain con?dential attorney?client information and is intended fortheperson(s) or company named. if you are not the intended recipient,please. notify the sender and delete all copies. Unauthorized disclosure,copying oruse of this information may be unlawful and is prohibited.?a. .. . Copyright 2003-2012. All rights reserved.Feln&aEmlPar1=0 -/29/12 Workspace Webmaii PrintPrint Qlose WingowSubject: RE: Supplemental Discovery RequestFrom: "Fein, Ashden CPT USA ow Date: Tue, Jan 11, 2011 8:21 amTo: "Matthew ke mkes" orrow Ill, JoDean, CPT USA JFHQ-NCRIM DW David. We are in constant contact with the con?nement facility. They didimmediately respond to us; however we are still working to get a more formalanswer to your request, either from them or from the command. I have adedicated TC working this issue.AshdenAshden FeinCPT, JAChief, Military JusticeU.S. Army Military District of Washington (MDW) rom: Sent: Tuesday. January 11, 2011 8:16 AMTo: Fein, Ashden CPT USA SJACc: Matthew kemkes; Morrow ill. JoDean, CPTUSA JF SJASubject: RE: Supplemental Discovery RequestAshden,I am free anytime between 1000 and 1330. BTW. did you have an update thatyou can give me on the confinement facility commander? Did he respond to youin anyway after receiving my memorandum? Thanks.Best,DavidDavid E. Coombs, Esq.Law Of?ce of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007Office: (508) 674-6006Fax: (508) 324-9896Fein&aEmlPart=0 -/29/12 Workspace Webmail Print?Confidentiality Notice: This transmission, including attachments, maycontain confidential attorney-client information and is intended for theperson(s) or company named. if you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Original Message Subject: Re: Supplemental Discovery RequestFrom: "Fein, Ashden CPT USA Date: Tue, January 11, 2011 6:35 amTo: "Morrow Ill, JoDean, CPTUSACc: "Matthew kemkes"David. Thank you. Are you available thursday morning to discuss the706 issue. We think that our phone call will suf?ce in alleviating yourconcerns. If not then we can prepare a written response. Also on thatphonecall, we will be able to give you an update on all the other outstandingissues. Thanks.AshdenAshden FeinCPT, JAFrom: To: Fein, Ashden CPT USA Morrow Ill, JoDean, CPTUSA JF SJACc: Matthew kemkes; Paul Bouchard Sent: Mon Jan 10 22:36:36 2011Subject: Supplemental Discovery RequestAshden,Here is a supplemental discovery request. Also, I was wondering whenyou thought you would be responding to the 505 issue. lwould like to havean idea on the time line in order to coordinate with DAD. Feel free to callif you have any questions.Best,DavidFein&aEmlPart:O/29/12 Workspace Webmail PrintPrint Close WindowSubject: RE: 305(g) RequestFrom: "Fein, Ashden on USA ow Date: Thu, Jan 13, 2011 1:18 pm"Morrow Ill, JoDean, CPT USA JFHQ-To: DW "Carlile, Monica L. SFCUSA DW Cc, "Matthew kemkes" -, "Pau| Bouchard"David,Thanks. If you can please send me Capt Moore's SSN so we can move on hisclearance.AshdenAshden FeinCPT, JAChief, Military JusticeU.S. Arm Militar District of Washin ton MDW From: Sent: Thursday, January 13, 2011 11:51 AMTo: Fein, Ashden CPT USA Morrow JoDean, CPT USACarlile, Monica L. SFC USA SJACc: Matthew kemkes; Paul BouchardSubject: 305(g) RequestAshden,I have attached the renewed speedy trial request listing the Garrisoncommander instead of the GCMCA. I have also attached a request for releasefrom confinement under R.C.M. 305(g) along with enclosures.As mentioned before, the defense believes that there is no legitimategovernment objective for the current confinement conditions. Given theconsistent recommendations of Capt. Hocter and PFC Manning's model behavior,there is no justification for PFC Manning to continue to be held in maximumcustody and under POI watch. Please present this request to the Garrisoncommander.The defense requests that the government respond in writing to the 305(g)1/ -/29/12 Workspace Webmail Printrequest. Additionally, the defense requests that to government obtain therequested documentation in the 5 January 2011 memorandum to CWO4 Averhart,. and any other supporting documentation from the Quantico Brig concerning PFCManning's classification and assignment. The defense request that governmentprovide this documentation to the defense.Please feel free to contact me if you have any questions or concerns.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Direct Dial: (401) 744-3007. Office: (508) 674-6006Fax: (508) 324-9896Notice: This transmission, including attachments, maycontain confidential attorney?c|ient information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Copyright 2003-2012. All rights reserved.Fein&aEmlPart=0/?9/12 Workspace Webmail PrintPrint Close WindowSubject: RE: Confinement ConditionsFrom: "Fein, Ashden CPT USA DW Date: Wed, Jan 19, 2011 1:20 pmTo: atthew l, "Haberland, Cc: John CPT MIL We will start working on it immediately, although this late on a Friday of aHoliday weekend, might be an issue.Ashden FeinCPT, JAChief, Military JusticeU.S. Army Military District of Washington (MDW) From: Sent: Friday, February 18, 2011 3:03 PMTo: Fein, Ashden CPT USA SJACc: Morrow Ill, JoDean, CPT USA Carlile, Monica L. SFC USAMatthew kemkes; Haber|and,John CPT MIL USASubject: Quantico VisitationAshden,I know this is late notice, however, I have a small Quantico issue that I amhoping you can assist on. Last weekend, PFC Manning's aunt and mother wentto Quantico to see him. His aunt has been to Quantico on numerous occasions.Unlike in the past, she was forced to wait at the gate until she could beescorted to the brig by military police. This requirement cut into theirvisitation time since they had to wait at the gate for over a half of an houron each day. The family is going to see Manning again this weekend. I waswondering if anything can be done to find out why this is a new requirement,and whether it is truly necessary. Thanks.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th Floormai|05.secureserver.neUview_ Fein&aEmlPart=0 Workspace Webmail PrintFall River, MA 02720Office: 1-800-588-4158Fax: (508) 324-9896Notice: This transmission, including attachments, maycontain confidential attorney?c|ient information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is Copyright 2003-2012. All rights reserved.Fein&aEmlPart=0-/29/12 Workspace Webmail Print IPrint Close WindowSubject: Re: Article 138 ComplaintFrom: "Greer LtCol Christopher Date: Thu, Feb 17, 2011 6:32 pmTo: Ill scan and send to you but we will formally serve on manningSent using B|ackBerryFrom: To: Greer LtCo| Christopher Sent: Thu Feb 17 18:09:36 2011Subject: RE: Article 138 ComplaintLtCo| Greer,Thank you for providing me with an update. Will the response be served uponme as well? I will undoubtedly be the one completing the rebuttal, ifnecessary.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Office: 1-800-588-4156Fax: (508) 324-9896Notice: This transmission, including attachments, maycontain confidential attomey-client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is -- Original Message Subject: RE: Article 138 ComplaintFrom: "Greer LtCo| Christopher Date: Wed, February 16, 2011 4:41 pmTo: Manning.Artic|e 1/ ?/29/12Workspace We-bmail :2 PrintWe have the GCMCA review underway. We hope to be able to give itto your client by the end next week for his rebuttal but since theGCMCA has not yet reviewed, 1 can't speak to the findings. We have90 days to resolve this and do not intend to take that long. I am sorryI cannot give you a firm date. 1 ILtCol GreerMCBQ SJAFrom: Sent: Wednesday, February 16, 2011 16:17To: Greer LtCol Christopher Subject: Article 138 ComplaintLTC Greer,Can you give me an update on the status of the Article 138 complaint?I would like to get an idea on when I might hear a response in orderto plan for the writ to ACCA. Thank you.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Office: 1-800-588-4156Fax: (508) 324-9896Notice: This transmission, including attachments,may contain confidential attorney-client information and is intendedfor the person(s) or company named. If you are not the intendedrecipient, please notify the sender and delete all copies. Unauthorizeddisclosure, copying or use of this information may be unlawful and isCopyright 2003-2012. All rights reserved.Manning./Xrlicle 2/-/29/12 Workspace Webmail PrintPrint Close WindowSubject: RE: SCIFFrom: "Fein, Ashden CPT USA DW Date: Thu, Mar 03,2011 10:22 pmTo: "Carlile, Monica L. SFC USA DW Cc: "Morrow Ill, JoDean, CPT USA DW David. Below are answers or comments to your emails today.1. We completed the leader recon of the SCIF location and secured anideal location. It's ideal because it's in a building that will provide PFCManning with very little exposure to third parties and is large enough toaccommodate the defense team and the RCM 706 board. The location is justnorth of Ft. Belvoir, in Alexandria. We are planning on using Saturdays forthe SCIF access to minimize the 3d party pedestrian traffic, because thisfacility is shared by the USG although belonging to the US Army INSCOM. Thelatrines are nearby and the access procedures will be easier for you and yourteam, compared to other locations.2. We will schedule PFC Manning to be at MAJ Kemkes office the Fridaybefore the SCIF meeting. We expect to have the Saturday schedule tomorrow andwill immediately contact you to figure out when you will be available to comedown.3. Please send us who, from the defense team, will be participating inthe SCIF meeting with PFC Manning.4. We are working on your expert request. The convening authority hasbeen TDY and on leave, although we are in contact with him. We are workingwith the medical folks to determine the availability of an expert, so that wecan present the request to the convening authority. We expect to have ananswer by the middle of next week, which should be well before the RCM 706board resumes its work- based on the SCIF arrangements.5. We will work to determine the reason for PFC Manning being requiredto ?strip naked at the end of the day".6. We will work to determine what the situation is concerning thewireless headset telephone. is this only when you and the defense teamcalls, for all his calls?AshdenAshden FeinCPT, JAChief, Military JusticeU.S. Army Military District of Washington (MDW) Fein8.aEmIPart=O~/29/12Fein&aEmIPart=0 Workspace Webmail PrintFrom: Sent: Thursday, March 03, 2011 8:55 PMTo: Fein, Ashden CPT USA SJACc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow Ill,JoDean. CPT USA ISubject: [Suspected SCIFImportance: LowAshden,Any update on when lwill be able to use a SCIF to speak with PFC Manning?Also, once we identify the date, Iwould like to have PFC Manning pulled outthe day before to meet with me at MAJ Kemkes' office.Finally, I wanted to alert you to a couple of issues with the confinementfacility. First, they are requiring Manning to strip naked at the end of theday and then to stand at attention naked during the 0500 DBS review. I can'timagine the reason for this to happen. Second, the facility has been using awireless headset for his telephone conversations. Besides being insecure,the quality of the connection is compromised.Best,DavidDavid E. Coombs, Esq.Law Of?ce of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Office: 1-800-588-4156Fax (508) 689-9282Notice: This transmission, including attachments, maycontain confidential attorney-client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is -- Original Message Subject: Charge SheetFrom: "Fein, Ashden CPT USA Date: Wed, March 02,2011 3:57 pmTo: Cc: "Car|ile, Monica L. SFC USA "Matthew kemkes""Morrow JoDean, CPT USA /29/12 Workspace Webmail PrintPrint Close WindowSubject: SCIF and BrigFrom: "Fein, Ashden CPT USA ow Date: Sat, Mar 05, 2011 11:47 amTo: "Carlile, Monica L. SFC USA "Matthew kemkes"Morrow Ill, JoDean, CPT USA JFHQ-NCRIM DW Cc: David. Good morning. As per our previous conversation and emails, wereceived authorization to use the SCIF on Saturdays to minimize the accused'sexposure to third parties. The SCIF is available any Saturday after today.Please look at the calendar and let us know when the soonest Saturday you canbe here, so that we can schedule the conference room, security detail, theaccused's meals, and the Friday before meeting at Myer. Once you send thatinformation, then we will coordinate the RCM 706's meeting in the SCIF.We spoke with the Brig about the removal of the accused's underwear at night.His underwear was taken from him because of a specific statement that he madeto Papakie at the Brig. After he was served his new charges and MAJKemkes left the Brig, the accused asked why all of his items were taken atnight with the exception of his underwear under POI status. According to theBrig of?cials, the accused then talked about the elastic band in hisunderwear and how that would be "probably the most dangerous piece" ofclothing or words to that effect. Papakie believed that the accused wasinsinuating that he could harm himself with the elastic band on his underwearand discussed the issue with the accused. After this conversation, the Brigstaff took this threat seriously and believes that the accused may have hadrecent thoughts or ideas as to the uses of the elastic band from hisunderwear to harm himself. The Brig staff removed his underwear to ensurethat he does not harm himself. The next time you speak with your client,please ensure that he understands that any comment that could be reasonablyconstrued as an intimation that he might harm himself, will be taken veryseriously by the Brig staff, because their primary mission is to ensure theaccused's well being and safety.In addition, the accused was instructed to cover himself with his blanketduring the morning "stand-to." Despite the Brig staff allowing him tocover-up during this morning process, he elects to stand naked in his cellrather than to cover himself with his blanket.COL Malone was on emergency leave the day the accused was served withadditional charges; however he came back yesterday and visited with theaccused. Also, COL Malone is still working the accused's request to have afemale mental health provider.1/ /29/12 Workspace Webmail PrintWe are still working on the portable phone issue you brought up this pastweek. Despite the quality of the phone call, there is no monitoring of anycommunications between members of the defense team and the accused.AshdenAshden einCPT, JAChief, Military JusticeMilitary District of Washington (MDW) Copyright 2003-2012. All rights reserved.Fein&aEmIPart=0 '3 ~/29/12 Workspace Webmail PrintPrint Close WindowSubject: Re: [Suspected RE: SCIF and BrigFrom: "Fein, Ashden CPT USA DW Date: Sat, Mar 05,2011 5:35 pmTo: "CarIi|e, Monica L. SFC USA DW "Matthew kemkes"-, "Morrow JoDean, CPT USA DW Cc: David. We will need until monday morning to con?rm with the command the security detail. Weshould know by 1200 on monday.Ashden FeinCPT, JAFrom: To: Fein, Ashden CPT USA SJACc: Carlile, Monica L. SFC USA Matthew kemkes; Morrow JoDean, CPT USA Sent: Sat Mar 05 17:19:11 2011Subject: [Suspected RE: SCIF and BrigAshden,My facts about what was said and how it was said are somewhat differentthan what was provided to you. More importantly, COL Malone saw PFCManning on Friday and assessed him as a low risk and requiring only routineoutpatient follow?up. Specifically, he determined that there was no need foradmission for closer clinical observation. Despite this, the Brigmaintains they are stripping him at night for his own protection. It appearsthat he is in a Catch?22. If he does everything he is told to do, the Brig startsto wonder what are they missing. If he does anything out of boredom orstarts to question the absurdity of his treatment, then they determine this isa threat and overreact.I would like to meet with Manning on the 11th and 12th. Can you arrangeeverything with this short of notice? If not, then the 25th and 26th of Marchis my next window. Let me know ASAP and I will make my travelarrangements.Best,DavidFein&aEmlPart=0-/29/12 Workspace Webmail PrintPrint Close WindowSubject: RE: US v. PFC BM (Update)From: ?Fein, Ashden CPT USA DW Date: Tue, Apr 05,2011 10:08 pmTo: atthew ke mke s"JFHQ-NCRIM DW -, "Morrow Ill, JoDean, CPT USA"Haberland, John CPT IL iJsA"-, "Carlile, Monica L. SFC USA JFHQ-NCRIM ow Cc:Attach: Brig Order Excerpt.pdfCA Appointment of Defense Expert Consultant in (M anningB).pdfCA Appointment of Defense Mitigation Expert (ManningB).pdfsmime.p7sDavid,The purpose of this email is to update you on different issues we havediscussed over the past week. Please view this email in format.?1. Brig Visitors.while we understand your view of the Brig Order, we respectfully- disagree with your interpretation of the attached relevant portion ofthe Brig Order with regard to visitation.while you correctly recite what an ?authorized? visitor is, an?official? visit is ?for the purpose of conducting official governmentbusiness, either on behalf of the prisoner or in the interest ofjustice,? see para 3.17b. The next sentence simply states that?lawyers, military officials, civilian officials, or anyone listed as aprivileged correspondence in para 3.17f . . . having official businessto conduct are considered gffigial visits? (emphasis added) and mayvisit at any time during normal working hours, subject to authorizationby the Commanding Officer. Critical is the next sentence, ?Allprisoners will be required to see official military visitor(s)?(emphasis added). Therefore, an official visit to the brig by a Memberof Congress conducting official government business or by a non-government organization?s representative does not necessarily include avisit with PFC BM without PFC consent.You also state, ?official visits are considered privileged, and are notsubject to recording or monitoring? (emphasis added); however this notin the Brig Order. As noted in para 3.17f, which you cite as theauthority, ?all incoming or outgoing correspondence (mail) between aprisoner and the following is privileged and not subject to inspection,?Workspace Webmail Printrefers to, as stated, ?mail? and not visitation (emphasis added). while5 you also state, ?The Brig's rules and regulations identify the followingindividuals as qualifying for official visits,? the reference you cite(para 3.17f) provides a list of government officials, including ?Membersof Congress.? Again, that para refers to ?mail? and not visitationprotected under Section of the MRE. Therefore, a visit by a Member ofCongress would not be privileged within the meaning of the Brig Order,and would be monitored just like any other visitor.The prosecution and brig?s interpretation of the Brig Order outlinesthese types of visitors:a. ?Authorized? visitors. Visitors that PFC BM places on hisvisitation list.b. ?Official? visitors. Those officials listed in para 3.17bconducting official government business.A person?s membership in an organization does not necessarily conferupon that person ?official? status. A Member of the Congress isconducting an ?official? visit if he is conducting official Governmentbusiness.A member of a non?government organization is not ?official? as they arenot conducting government business. Should PFC BM desire to meet withany of the individuals whom you have mentioned as potential visitors, hewill need to either add them to his ?authorized? visitor list or approvea meeting, through you, if the individuals make an ?official? visit.As you know, from the beginning of PFC confinement at Quantico, therule requiring an ?authorized? visitor to have a preexistingrelationship with PFC BM has been relaxed to allow any visitor to visit,subject to standard security vetting and monitoring for nationalsecurity purposes. This accommodation was based on the potential forhis long?term pretrial confinement and for his benefit, well-being, and_morale.Regardless of the interpretation of the Brig Order, the issued astanding order on 16 Sep 16, which directs the Brig to monitorcommunications of third parties while confined at the Brig. Thisrequirement includes all of PFC phone calls, visitations, and mail.This requirement does not include monitoring of any privilegedcommunications between PFC BM and his attorneys, mental healthproviders, and brig chaplains.A Further, as the United States has charged your client, you surelyacknowledge our concern that PFC right to counsel be scrupulously- honored. Absent the command?s weekly visit, which is limited todiscussing PFC welfare, we would not allow a U.S. GovernmentFein&aEmlPart=O 2/~/29/1 2an affirmative waiver of that right by PFC BM.the Brig to coordinate any visit.Workspace Webmail Printrepresentative to meet with your client without counsel being present orProperly adding avisitor as an ?authorized? visitor will be deemed consent to speak witha government representative by the defense. Any such visit will besubject to monitoring unless it is subject to a recognized privilegeunder Section V, MRE (falls under the exception).In the future, please do not direct any organization to directly contactIf someone is trying to coordinate aformal meeting in an ?official? capacity, they should coordinate throughDOD Legislative Affairs (COL Tia Johnson) and their request to meet withPFC BM will be ultimately forwarded through you to PFC BM for consent to1 meet during such a visit.i we will continue to notify you when we receive information that someone- forward.expeditiously get answers for you.. our intent is to streamline this RFI process for you and ensure PFC needs are adequately and reasonably met.wishes to meet with your client in an ?official? capacity, and requestthe same courtesy in return, once your client agrees to meet with them.2. Defense Request for Expert.The approved the request today.appointed as a member of the defense team. She just to Quantico,MCB and should be best suited for your request. She will have easyaccess to your client based on her proximity and will be available toyou for consult and meetings. Although she is currently TDY for theLCDR Carrie Kennedy, USN, is. remainder of this week, she will be available to speak starting 11 Apr11 at (546) 529-3862. Attached is her appointment order.Defense Request for Mitigation Expert.The disapproved the request today. Please see attached actionfor his explanation.4. CAPT Hoctor Info.CAPT Hoctor may be reached at Nilliam.hoctor@afg.usmc.mil. Pleasedirect any future requests for information from the Brig personnel,LtCol Greer, or any other USMC official to the prosecution and we willAs the command?s representatives,5. ACU Uniforms.we sent your request to the command for them to figure out the wayAs with all pretrial confinees, they understand theirresponsibilities and will ensure they assist PFC BM in having theappropriate uniform.Fein&aEmlPart=D /29/12 Workspace Webmail Print6. Government Discovery Responses.we are finalizing our discovery responses and expect to have them to youby the end of the week.7. OCA Discovery Consent Classification Reviews.All the different 0CAs are currently working to review the classifiedinformation and provide the consent for us to turn over the pieces ofevidence and the derivative reports to you and your team.Classification reviews are ongoing for the classified information weintend to introduce at the Article 32 and trial.v/rAshdenAshden FeinCPT, JAFrom: Sent: Thursday, March 31, 2911 9:63 AMTo: Fein, Ashden CPT USA SJACc: Matthew kemkes; Morrow JoDean, CPT USA Haberland,John CPT MIL Carlile,Monica L. SFC USA SJASubject: [Suspected RE: US v. PFC BM (Update)Importance: Low Ashden,I have informed Congressman Kucinich that he is authorized to visit PFCManning under the rules and regulations for the Quantico Brig. UnderBrig Order P1640.1C, paragraph 3.17, there are two types of visitors fora detainee, authorized and official.1) Authorized visitors are required to be added by the detainee andapproved by the Quantico Brig. Any person added to the authorizedvisitors list may visit the detainee on any Saturday or Sunday betweenthe hours of 12:00 and 3:00 p.m. These visits are monitored by theBrig. The Brig requires the visits to take place in a no-contact boothfor any detainee held in Maximum Custody. The doors to the booth mustremain open and the entire visit will be recorded by the Brig. Anythingsaid during these visits is not privileged and can be used later by theFein8.aEmlPar1=0429112Workspace Webmail Printgovernment in a court-martial proceeding.Official visitors are for the purpose of conducting official5 government business, either on behalf of the detainee or in the interest3 of justice.visit a detainee at any time during normal working hours.Official visits may be authorized by the Brig Officer toThe officialvisits are considered privileged, and are not subject to recording ormonitoring. The Brig's rules and regulations identify the followingindividuals as qualifying for official visits:a) Military officials.b) Civilian officials.c) The President or Vice President of the United States.d) Members of Congress of the United States.e) The Attorney General of the United States and Regional Offices of. the Attorney General.if)The Judge Advocate General of each military service or his or herrepresentative.g) Prisoner's Defense Counsel or any military or civilian attorney ofErecord.h) Any attorney listed in professional or other directories or anattorney's representative.i) Prisoner's clergyman when approved by the chaplain.Given the difference between authorized and official visits, PFC Manningdoes not want to waive his entitlement to have a privileged conversationwith Congressman Kucinich. You should know, that Amnesty Internationalis also making a request for an official visit as well as Mr. JuanMendez, the United Nations Special Rapporteur on torture and othercruel, inhuman or degrading treatment or punishment.I have recommended that each of the above individuals contact thefacility directly to arrange for an official visit. I am hoping thatyou will indeed ensure that the Quantico Brig honors its own rules andregulations.-Break-Thank you for the update. I am glad to hear that you have identified afor the defense team.I -Break-Good to hear the DNA samples are not being lost.?/29/12Workspace Webmail Print-Break-will the CA take action on the mitigation expert request??Break-when do you anticipate a government discovery response??Break?Can you request that the unit obtain a new ACU uniform for PFC Manning?His current uniform is not acceptable. It is a mixture of a fireresistant bottom and a summer weight top and looks soiled. PFC Manningneeds a new patrol cap - Size 7 with PFC insignia sewed on and one"Manning" name tape. Additionally he needs 1 xshort/xsmall ACU top and1 xshort/xsmall ACU bottom. Finally, he needs 1 pair of boots size 7regular. Lastly, does the unit have his Class As?Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02729Office: 1-800-588-4156Fax: (598) 689-9282Notice: This transmission, including attachments, maycontain confidential attorney?c1ient information and is intended for theperson(s) or company named. If you are not the intended recipient,please notify the sender and delete all copies. Unauthorizeddisclosure, copying or use of this information may be unlawful and is-- Original Message Subject: US v. PFC BM (Update)From: "Fein, Ashden CPT USA Fein&aEmlPar1=0/29/12 Workspace Webmail PrintDate: Thu, March 31, 2011 8:29 amTo: Cc: "Matthew kemkes" "Morrow JoDean,cm usA sw . "Haberland,John CPT MIL "Carlile, Monica L. SFC USA David, Representative Kucinich has directly asked the Brig whether hecan visit PFCBM. As we passed to you before, if PFC BM would like to visit?with RepKucinich, then he needs to add him to his visitation list and theBrig willaccommodate, just like with all other visitors. The purpose ofthis email isto ensure that you and your client know of his request so thatthe personaldecision may be made whether to allow Rep Kucinich to visit withyour client.If willing, could you please let me know whether PFC BM intendsto add RepKucinich to his visitor log, so that we can properly notify hisoffice.Again, this is PFC personal decision and we will ensure theBrigrules/regulations are followed for any visitors, including RepKucinich.-Break-we identified a to present to the conveningauthority. Ifapproved, this doc will be based from Quantico, MCB and should bequiteconvenient for the defense team.-Break-There will be no DNA collection. PFC BM's DNA was collectedpreviously.v/rAshden Workspace Webmail PrintAshden FeinCPT, JACopyright 2003-2012. All rights reserved.Fein&aEmlPart=0-/29/12Print Qlose WindowSir,- Manning.Arlic|e 138&aEmlPart=0Workspace Webmail PrintRE: Article 138 ucou cmistopner Wed, Mar 30. 2011 5:34 pmsmime.p7sSubject:From:Date:To:Attach:I have no info regarding Army plans for movement of your client. The recent protest and other issueshave delayed the final GCMCA action on the 138 complaint. As soon as that is finalized. I will ensure youget a copy.VRLtCo| GreerMCBQ SJAFrom: Sent: Wednesday, March 30, 2011 10:16To: Greer Christopher Subject: Article 138LTC Greer,I have tried to reach you on your phone regarding the Article 138. I know that you may not have anexact date, but I was wondering if you could give me a time line for the final action. Also, have you heardanything regarding a potential move of my client from Quantico to the PTC section at Fort Leavenworth?Thank you in advance for your response.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs45 North Main Street, 5th FloorFall River, MA 02720Office: 1-800-588-4156Fax: (508) 689-9282?Confidentiality Notice: This transmission, including attachments, may contain confidential attorney-client information and is intended for the person(s) or company named. If you are not the intendedrecipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of thisinformation may be unlawful and is Copyright 2003-2012. All rights reserved.~/29/12Workspace Webmail PrintPrint Close WindowOfficial VisitsFri, Apr 01,2011 9:09 am christopher" Subject:From:Date:To: "Pau| Bouchard" "Ashden Fein"-, "John Haberland""ll| Morrow"r, "Monica Carlile"Cc:Lt. Col. Greer,I have been informed by Congressman Kucinich's office and by AmnestyInternational that they have been told by your office they do not qualify for anofficial visit. Instead, they are being directed to request to be added to PFCManning's "authorized" visitors list. Additionally, Congressman Kucinich'soffice is being told that the Brig Order that his office is referencing does notexist. I have seen Brig Order P16401C, dated 1 July 2010. This order clearlyprovides for both authorized and official visits.Under Brig Order P1640.1C, paragraph 3.17, there are two types of visitors fora detainee, authorized and official.1) Authorized visitors are required to be added by the detainee and approvedby the Quantico Brig. Any person added to the authorized visitors list mayvisit the detainee on any Saturday or Sunday between the hours of 12:00 and3:00 p.m. These visits are monitored by the Brig. The Brig requires the visitsto take place in a no-contact booth for any detainee held in Maximum Custody.The doors to the booth must remain open and the entire visit will be recordedby the Brig. Anything said during these visits is not privileged and can beused later by the government in a court-martial proceeding.2) Official visitors are for the purpose of conducting official governmentbusiness, either on behalf of the detainee or in the interest of justice. Officialvisits may be authorized by the Brig Officer to visit a detainee at any timeduring normal working hours. The official visits are considered privileged, andare not subject to recording or monitoring. The Brig's rules and regulationsidentify the following individuals as qualifying for official visits:a) Military officials.b) Civilian officials.c) The President or Vice President of the United States.d) Members of Congress of the United States.e) The Attorney General of the United States and Regional Offices of theAttorney General.f) The Judge Advocate General of each military service or his or her- Manning.Article Workspace Webmail Print representative.g) Prisoner's Defense Counsel or anv militarv or civilian attorney of record.h) Any attorney listed in professional or other directories or an attorney'srepresentative.i) Prisoner's clergyman when approved by the chaplain.Given the difference between authorized and official visits, PFC Manning doesnot want to waive his entitlement to have a privileged conversation withI Congressman Kucinich, Amnesty International, and Mr. Juan Mendez, theUnited Nations Special Rapporteur on torture and other cruel, inhuman ordegrading treatment or punishment. Additionally, under the Brig Rules, noneof the above individuals would qualify as an authorized visitor. Paragraph 3.17a of the Brig Order states "[A]uthorized visitors include the prisonersimmediate family (spouse, children, parents, brothers, sisters or guardians) or1 anyone who has established a proper relationship with the prisoner prior toconfinement." (emphasis added). As such, even if PFC Manning wanted toadd the above individuals on his visitor's list, he could not do so.I request that this matter be addressed as soon as possible, and thatnecessary arrangements are made for Congressman Kucinich's visit as well asfor representatives from Amnesty International and from the United Nations.Please feel free to call me if you have any questions.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs11 South Angell Street, #317Providence, RI 02906Office: 1-800-588-4156Fax: (508) 689-9282Notice: This transmission, including attachments, maycontain confidential attorney?c|ient information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying or- Manning.Artic|e use of this information may be unlawful and is Copyright 2003-2012. All rights reserved.-/29/12 Workspace Webrnail PrintPrin Win Subject: RE: US v. PFC BM (Update)From: "Fein, Ashden CPT USA JFHQ-NCRIMDW Date: Thu. Apr 07, 2011 7:00 pmTo: "Matthew kemkes"JFHQ-NCRIM DW "Morrow Ill, JoDean, CPT USA>1-, "Habe rland, John CPT MIL . "Carlile, Monica SFC USA JFHQ-NCRIM DW Cc:Attach: Unclassified Discovery (011449-011462) (ManningB).pdfsmime.p7sDavid.Attached is the part of the Brig's response to the Art 138. Because new matters were alleged in PFCBM's rebuttal, they bifurcated the original Art 138 and now initiated another redress process on the newmatters. This was supposed to be served on your client today.1. Our interpretation is the Government's interpretation, to include the SJA and the Brig. We areconfused by your interpretation and welcome a phone conversation to discuss this issue.2. Response to your We currently estimate the OCA's to be ?nished providing their consent in thenext two weeks.v/rAshdenAshden FeinCPT. JA--??-Original Message--?From: Sent: Wednesday, April 06, 2011 9:29 PMTo: Fein, Ashden CPT USA SJACc: Matthew kemkes; Morrow Ill, JoDean, CPT USA Haberland.John CPT MIL Carlile, Monica L. SFC USA JFHQ-SJASubject: [Suspected RE: US v. PFC BM (Update)Importance: LowAshden,1. Thank you for your reply. is the interpretation of the Brig Order the MDW SJA's interpretation, theQuantico Brig's interpretation, or simply your interpretation?The sentence that you gloss over in your reply is actually the critical one from the Brig Order. ThisFein&aEmlPar1=0-.?29l12Workspace Webmail Printsentence states that "[v]isits from lawyers, military officials, civilian officials, or anyone listed as a. privileged correspondence in paragraph 3.17f of this regulation, having official business to conduct areconsidered official (Emphasis added). Congressman Kucinich, Mr. Juan Mendez from the UnitedNations, and any representative from Amnesty International would clearly fall within the scope ofindividuals identified in paragraph 3.17f and are therefore deemed to be official visits under the BrigOrder.Under the interpretation advanced in your previous message, a member of Congress is conducting an"official" visit only if he is conducting "official government business" and a member of a non-governmentorganization is not "official" as they are not conducting "government business." Besides being anperfunctory argument without support under the Brig Order, it is also one that is easily nullified by usingthe example of a civilian attorney. Paragraph 3.17f states that a "civilian attorney of record" is deemedto be an official visit. A civilian attorney is clearly a non?government entity and as such is not conducting- "official government business." This clearly belies any attempt to argue official visits are limited in theway that you suggest.Moreover, official visits are clearly privileged under the Brig Order. While section 3.17f speaks to mailcorrespondence being privileged, it must follow that oral communications are also privileged. It would notmake sense that a detainee would enjoy the protection of a privileged communication from an individuallisted in paragraph 3.17f if the correspondence came by way of mail as opposed to an in?personconversation with the same individual.With regards to the standing order dated 16 September 2010, his failure to recognize otherindividuals who are entitled by the Brig Order to have a privileged conversation is not dispositive. Thei order is unenforceable given the fact it would authorize the recording of privileged conversations.Like\M'se, the government's concern surrounding PFC BM's right to counsel is misplaced. Mental healthproviders and brig chaplains are able to speak with PFC BM \M'thout coordination with civilian counsel.As long as the conversations are privileged, the government's concern would seem unwarranted.Given the above, I request that you clarify the Quantico Brig?s official position on this issue.2. Thank you for notifying the defense of LCDR Carrie Kennedy's appointment as a member of thedefense team.3. Understood.4. If I cannot obtain information independently, lvvill certainly direct my RFI to the prosecution.5. Thank you.-/29/12 Workspace Webmail it Print6. I look forward to the discovery responses.7. Thank you for the update. Do you have an estimated date for the OCA's consent for you to turn overthe pieces of evidence and the derivative reports?Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs11 South Angell Street, #317Providence, RI 02906Office: 1-800-588-4156Fax: (508) 689-9282Notice: This transmission, including attachments, may contain con?dential attorney-client information and is intended for the person(s) or company named. If you are not the intendedrecipient, please notify the sender and delete all copies. Unauthorized disclosure, copying or use of thisinformation may be unlawful and is -- Original Message Subject: RE: US v. PFC BM (Update)From: ?Fein, Ashden CPT USA Date: Tue, April 05, 2011 10:08 pmTo: Cc: "Matthew kemkes" CPT USA "Morrow Ill, JoDean, "Haberland.John CPT MIL "Car|i|e, Monica L. SFC USA David,The purpose of this email is to update you on different issues we have discussed over the past week.Please view this email in format."1. Brig Visitors.While we understand your view of the Brig Order, we respectfully disagree with your interpretation of theattached relevant portion of the Brig Order with regard to visitation.While you correctly recite what an "authorized" visitor is, an ??official?' visit is "for the purpose ofconducting official government business, either on behalf of the prisoner or in the interest ofjustice,"see para 3.17b. The next sentence simply states that ?lawyers, military officials, civilian officials, oranyone listed as a privileged correspondence in para 3.17f. . . having official business to conduct areconsidered of?cial visits? (emphasis added) and may visit at any time during normal working hours,subject to authorization by the Commanding Officer. Critical is the next sentence, "Al| prisoners will berequired to see official military visitor(s)? (emphasis added). Therefore, an official visit to the brig by a -/29/12 Workspace Webmail it PrintPrint I Close WindowSubject: US v. PFC BM (Discovery 011463-011573) 1 of 3From: "Fein, Ashden CPT USA JFHQ-NCRIM ow Date: Sat, Apr 09, 2011 11:43 amTo: "Matthew ke mkes" -, "Morrow Ill, JoDean, CPT USAJFHQ-NCRIM DW Cc_ -, "Haberland, John CPT MIL "CarIile, Monica L. SFC USA JFHQ-NCRIM DW -, "Feito, Beatriz SGT USA JFHQ- NCRIM DWAttach: Unclassified Discovery (011463-011573) (M David,Good morning. Attached to this email and the subsequent two emails is theUSMC GCMCA memo to SecNav in reference to the original Art 138 complaint.PFC BM was served this document yesterday. We are completing the discoveryrequests this weekend and lexpect to provide additional discovery and theresponses by COB Monday.v/rAshdenAshden FeinCPT, JACopyright 2003-2012. All rights reserved. Workspace Webmail PrintEgjm Case Win Subject: Re: [Suspected Movement of ManningFrom: "Fein, Ashden CPT USA Date: Tue, Apr 19, 2011 4:08 pmTo: David. I am ?nding out what is going on. lwill call asap when I get an update.Ashden FeinCPT, JAFrom: To: Fein, Ashden CPT USA SJACc: Matthew kemkes; Morrow JoDean, CPT USA Bouchard, PaulCPT USCENTCOM USF-I Haberland,John CPT MIL USACarlile, Monica L. SFC USA Feito,Beatriz SGT USA JFHQ- SJASent: Tue Apr 19 15:53:07 2011Subject: [Suspected Movement of ManningAshden,Please call me when you receive this message.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs11 South Angeli Street, #317Providence, RI 02906Office: 1-800-588-4156Fax: (508) 689-9282Notice: This transmission, including attachments, maycontain confidential attomey-client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is -- Original Message Subject: RE: US v. PFC BM (Discovery)From: "Fein, Ashden CPT USA Fein&aEmlPart=0./29/12 Workspace Webmaii .: PrintPrint Close WindowSubject: RE: [Suspected RequestFrom: "Fein, Ashden CPT USA DW i Date: Wed, Apr 20, 2011 9:38 amTo: "Matthew ke mke s"DW CPT USCENTCOM USF-I "Haberland, John CPT MIL "Carlile, Monica L. SFC USA JFHQ-NCRIM DW "Feito, Beatriz SGT USA JFHQ- NCRIM DW "Morrow Ill, JoDean, CPT USA"Bouchard, Paul Cc:Attach: smime.p7sDavid,We will start working the issues ASAP. Please route your requests through us,so that we may ensure the meeting is scheduled and the right resourcing isavailable. Are you planning on going alone, or with members of the defenseteam?V/rAshdenAshden FeinCPT, JAFrom: Sent: Wednesday, April 20, 2011 9:37 AMTo: Fein, Ashden CPT USA SJACc: Matthew kemkes; Morrow JoDean, CPT USA Bouchard,Paul CPT USCENTCOM USF-I Haber|and.John CPT MILCarlile. Monica L. SFC USA Feito, Beatriz SGT USA JFHQ-SJASubject: [Suspected RequestImportance: LowAshden.Please see the attached request for a replacement Also, doyou know how the move will affect obtaining new set of ACUs for PFC Manning?Finally, I have contacted the JRCF commander, LTC Dawn Hilton, to request tosee PFC Manning on the 27th and 28th of April. I have not yet heard back fromher, but I would appreciate any assistance that the government could offer infacilitating such a visit.Best,DavidFein&aEmlPart=0./29/12 Workspace Webmail PrintPrint I CLose WindowSubject: RE: Art 138 (II)From: Date: Wed, Apr 20, 2011 1:16 pmTo: "Greer LtCol Christopher LtCo|. Greer,Please continue with the processing of both 138 complaints. Even though therequested relief may be mooted by the transfer, I believe the actions shouldnonetheless be reviewed by the GCMCA and Secretary Mabus.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs11 South Angell Street, #317. Providence, RI 02906Office: 1-800-588-4156Fax: (508) 689-9282. Notice: This transmission, including attachments, maycontain confidential attomey-client information and is intended for theperson(s) or company named. If you are not the intended recipient, pleasenotify the sender and delete all copies. Unauthorized disclosure, copying oruse of this information may be unlawful and is -- Original Message Subject: Art 138 (II)From: "Greer LtCol Christopher Date: Wed, April 20, 2011 12:57 pmTo: Mr Coombs,Does your client wish to proceed on the second Art 138 complaint?This is the issue regarding removal of underwear. Obviously therequested redress has been mooted by the transfer of your client. Irecognize that issue may well become a trial motion but do notbelieve a 138 complaint is necessary to preserve this issue for trial.We will process the complaint unless you provide us written notice ofwithdrawal.- Manning.Article ?l38&aEmlPart=O -/29/12Workspace Webmail PrintThank YouCHRIS GREERLtCo|, USMCSJA, MCB QuanticoCopyright 2003-2012. All rights reserved.- Manning.Artic|e -/29/12 Workspace Webmail 2: PrintPrint I Close WindowSubject: Second 138 complaintFrom: "Greer LtCo| Christopher Date: Fri, Jun 03, 2011 10:04 amTo: Attach: AR-M 355N_20110603_111228.pdfsmime.p7sSir,Attached is the package giving your client an opportunity to rebut the respondent's endorsement on hissecond article 138 complaint. lam having this document delivered to your client in the PCP but I imaginehe will not get it until sometime next week as I am sending it through the trial team. I wanted to be sureyou had it so if your client had questions, you would already have seen it and can advise him.To ensure I have a record of delivery, Iask that your client sign the acknowledgment. lknowwediscussed whether he wanted to withdraw the complaint. I included an election in case he wanted towithdraw this complaint regarding the underwear.The response, if any, should be routed to the MCBQ Commander via the C0 of the Leavenworth facilityand CWO2 Barnes, the respondent. If there is no response, please let me know so I can work theGCMCA report and forward on the SECNAV.The ?rst complaint is still pending at the SECNAV level.CHRIS GREERLtCol, USMCSJA, MCB Quantico Copyright 2003-2012. All rights reserved.- Manning.Ar1icle ~/29/12 Workspace Webmail PrintPrint Cloj_e WindowSubject: RE: Second Art 138 ComplaintFrom: "Greer LtCol Christopher Date: Thu, Jun 23, 2011 7:17 amTo: Attach: smime.p7sThanks for the quick response.VfLtCol GreerMCBQ SJAFrom: Sent: Wednesday, June 22, 2011 20:38To: Greer LtCol Christopher Subject: RE: Second Art 138 ComplaintLtCol Greer,lam sorry for not sending you notification of PFC Manning's decision. He does not intend to submit anadditional rebuttal to the 6 June matters. Feel free to contact me if you have any questions.Best,DavidDavid E. Coombs, Esq.Law Office of David E. Coombs11 South Angell Street, #317Providence, RI 02906Of?ce: 1-800-588-4156Fax: (508) 689-9282?Confidentiality Notice: This transmission, including attachments, may contain con?dential attorney-client information and is intended for the person(s) or company named. If you are not the intendedrecipient, please notify the sender and delete all copies. Unauthorized disclosure. copying or use of thisinformation may be unlawful and is prohibited.*?-- Original Message Subject: Second Art 138 ComplaintFrom: "Greer LtCol Christopher Date: Wed, June 22,2011 6:32 pmTo: Mr Coombs,- Manning.Article 138&aEmlPart=O 11-/29/12 Workspace Webmail PrintDoes your client intend to submit a rebuttal to the matters served on him 6 June? Per the JAGMAN. hehad 10 working days to submit a rebuttal. I have received no information regarding a rebuttal from youor via his chain of command. The 10 working day period expired on 20 June.If he does not intend to submit a rebuttal, Ivvill complete the report and forward to SECNAV.CHRIS GREERLtCo|, USMCSJA, MCB Quantico Copyright 2003-2012. All rights reserved.- Manning.Artic|e 138&aEmlPart=0

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