Title: Resp to Preliminary Classification Review Memo 28 Sep 10

Release Date: 2014-03-20

Text: Speedy Trial Attachment 1528 September 2010MEMORANDUM THRU Staff Judge Advocate. Oitce ofthe Stafl Judge Advocate. US ArmyMilitary District ofWashington, Fort Leslev J. McNair, W ashtngton DC, 30219FOR Commander. US Army Garrison, Joint Base Myer-Henderson Hall. Fort Myer. Virginia22211SUBJECI: Preliminar}' Classification Review of the .Accused's Mental Impressions - & nf/eVStates y PFC' Brudhy Maniiviii1, flic defense has received \our superseding preliminary classification order dated 22Septemlxr 2010. The defense has discussed this order widi PFC Bradley Manning and with thedefense appointed security expert. Mr. Charles Ganiei.2. Based upon the defense's discussions with Mr. Ganiei, the preliminary classification reviewcannot he started until the following is.sues have been resolved:a. Approved Facility: Mr. Ganiei does not belie\e that the Quantico Confinement Facilityhas the required area in order to speak to PFC Manning about an\ classified infomiation.Specifically. Ibr any Sensitive Compartmented Infonnation (SCli. Ihe discussion and stonige ofthe infbrmation received must be in a facility that mecis ihe structural and security requirementsfor a Sensitive Compartmented Infomiation Facilit)' (SCIF). SCI material cannot be viewed ordiscussed unless in a SCIF in accordance with DoD 5103.21-M-l. chapter 3. page 3-1. paiiigraphAf4). Therefore, unless Mr. Ganiei conducts his discussions with PFC Manning in an approvedSCIF. he will not be able to begin his preliminary classification rct iew.b. Limited .Access: It is likely that PFC Manning's access to classified inftimiation has beensuspended due to the preferred charges. Mr. Ganiei v, ill not be able to discuss or validate anvclassified inlbrmation with PFC Manning unless PFC Manning is given an interim clearance.Additionally, PFC Manning will not have access to any secured sites, specifically a SCIF. luilesshe has the requisite security clearance. Si^: DoD 5105-21 -M-1.c. Storage: Mr Gatiiel will need the gov emment to provide him w iUi a Government Sen, iceAdministration (GSA) approved security container to store Secrci and Confidential infomiation.Additionally. Mr. Ganiei will need the same GSA approved securiiv container with the requisiteadditional .security precautions for the stomgc of Top Secret infbrmation in accordance withArmy Regulation 380-5. chapter 7. paragraph 7-4. Finally, Mr. Ganiei will need to have accessto a SCIF to store any Special .Access Program (SAP) or SCI informalion in accordance withDoD 5I05-2I.M-1. chapter 3. page 3-10.d. Verification: .Anvihing revealed to Mr, Ganiei has to he verified befbre he can make adetermination whether it is classified and, il necessary, its level of classilication. 1 his is a timeconsuming process that Mr. Gitniel does not believe can he completed within the timerestrictions listed in the preliminary classification ie\ iew order.SUBJECT: Preliminaiy Classilication Review ofthe .Accused's Mental Impressions - OwW.Swfc^ It f&f;(//t'k A/^/M/7ti7i'c. .Additional Securiw Fxr^en: Given ihe tusk required b\ the preliminary classilicationreview order. Mr. Ganiei has requested that an additional security expert be appointed to thedefense team. Mr. Ganiei believes that the uddiiional expert will help expedite the process byassisting him in reviewing the infbrmation, conducting document verification, conductingdocument preparation, and by providing a second opinion regarding infomiation dial is eitherSCI or ib pan of a SAP,3. The POC is the undersigned ut (4011 744-3007 or by e-mail atcoombs a annvcounmartialdefcnse,com.-•7L' /^DAVID E. CCX)MBS^^Civilian Defense Counsel

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