Title: Def Supp to Motion for Judicial Notice/Admission of Public Statements, 13 Sep 12

Release Date: 2014-03-20

Text: IN THE UNITED STATES ARMYFIRST JUDICIAL CIRCUITUNITED STATESDEFENSE SUPPLEMENT TO3 AUGUST 2012 MOTION FORJUDICIAL NOTICE ANDADMISSION OF PUBLICSTATEMENTSV.MANNING, Bradley E., PFCU.S. Army, Headquarters an Hea quarters Company, U.S.Army Garrison, Joint Base Myer-Henderson Hall,Fort Myer, VA 22211DATED: 13 SEPTEMBER 2012RELIEF SOUGHT1. PFC Bradley E. Manning, by and through counsel, moves this court, pursuant to MilitaryRule of Evidence (M.R.E.) 201 and M.R.E. 801 to take judicial notice of the statementscited in paragraph 5 of this motion.BURDEN OF PERSUASION AND BURDEN OF PROOF2. As the moving party, the Defense has the burden of persuasion. R.C.M. 905(c)(2). Theburden of proof is by a preponderance of the evidence. R.C.M. 905(c)(1).FACTS3. PFC Marming is charged with ?ve specifications of violating a lawful general regulation, onespecification of aiding the enemy, one specification of disorders and neglects to the prejudice ofgood order and discipline and service discrediting, eight specifications of communicatingclassi?ed information, live specifications of stealing or knowingly converting Governmentproperty, and two specifications of knowingly exceeding authorized access to a Governmentcomputer, in violation of Articles 92, 104, and 134, Uniform Code of Military Justice (UCMJ)10 U.S.C. 892, 904, 934 (2010).4. The original charges were preferred on 5 July 2010. Those charges were dismissed by theconvening authority on 18 March 201 1. The current charges were preferred on 1 March 2011.On 16 December through 22 December 201 1, these charges were investigated by an Article 32Investigating Officer. The charges were referred to a general court-martial on 3 February 2012.5. Over the past twenty-four months, agents of the Government have made several publicstatements regarding the information released by Wil

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