Transcript | US v Pfc. Manning, Appellate Exhibit 124, Court Ruling Government Motion for Leave responding to Def Motion Requiring Non Ex Parte Filings by the Government Motion for Court 505(g)(2) review of DIA IRTF Final Report & CIA WTF Report, 06/06/12

UPDATE POST COURT-MARTIAL

United States v. Pfc.Manning was conducted in de facto secrecy. The public was not granted contemporaneous access to court filings or rulings during her trial. In addition to reporting on her trial, I transcribed the proceedings, reconstructed the censored appellate list, and un-redacted any publicly available documentation, in order to foster public comprehension of her unprecedented trial.

As a result of a lawsuit against the military judge and the Military District of Washington brought by the Center for Constitutional Rights, as well as my own FOIA requests and research, an official court record for US v. Pfc. Manning was released seven months after her trial. That record is not complete.

The official trial docket is published HERE and the entire collection of documents is text searchable at usvmanning.org.

*During the pretrial proceedings, court-martial and sentencing of Pfc. Manning, Chelsea requested to be identified as Bradley and addressed using the male pronoun. In a letter embargoed for August 22, 2013 Chelsea proclaimed that she is female and wished to be addressed from that moment forward as Chelsea E. Manning.

The following ruling was read into the Court record of the June 6, 2012 Article 39(a) Session by Judge Lind:

Government request for a Continuance in Responding to the Defense Motion for Requiring non ex parte filing by the Government in response to Government filing Motion for reviews of the DIA [Defense Intelligence Agency] Information Review Task Force File Report and the WikiLeaks Task Force Report and propose substitutions in accordance with Military Rule of Law 505(g)(2)

1.) On 18 May 2012 the Government made disclosures to the Court that which provided noticed of intent to MRE 505(g)(2) to file ex parte motions for the Court to conduct an in camera review to authorize the substitution of the classified DIA Information Review Task Force IRT Final Report and a substitution for the WikiLeaks Task Force Report.

2.) On 22 May 2012 defense filed a motion requesting the Court order the Government to provide a non ex parte version of this motion pursuant to MRE 505(i). This motion is not on the Court's scheduling calendar for the 6 through 8 of June 2012 motions.

3.) On 22 May 2012 via email the Court ordered the Government to respond by 24 May 2012. Also via email the Government requested leave of the Court to respond by 29 May 2012. On 23 May 2012 the Court granted the Government to request via email and also extended the deadline for the defense to respond to the Government's disclosures until 1 June 2012. On 23 May 2012 the Court ordered the Government to put their email request in a motion. One 23 May 2012 the Government filed a motion for leave to respond by 29 May 2012. Also, on 23 May 2012 the defense filed a request for closing the Motion. The Court's in camera review of the DIA Information review Task Force IRT Report and the WikiLeaks Task Force Report will not be stayed.

Ruling

The Court modifies the email grant of the Government request for an extension of time and responds as follows.

1.) The Government response is due by COV [?] 28 May 2012.

2.) The Court will rule on the defense motion on 29 May 2012.

3.) Should the Court rule in favor of the defense, the Government will give the defense a non ex parte version of this motion 30 May 2012. The defense response to the Government's motion is due on 1 June 2012. Issues regarding the DIA Review Task Force IRT Final Report and the WikiLeaks Task Force Report will be addressed at the 29 May session [?], 16 June 2012. Ordered on the 24 May 2012.

On the 28th of May 2012, the prosecution filed a response to the defense motion to require ex parte filing. On 29 May 2012 the defense replied. On 29 May the Court ruled on the issue.

Alexa O'Brien Alexa O'Brien researches and writes about national security and law enforcement. Her work has been published in The New York Times, VICE News, The Cairo Review of Global Affairs, Guardian (UK), The Daily Beast, NY Daily News, and featured on the BBC, PBS, NPR, Democracy Now!, and Public Radio International. She was shortlisted for the 2013 Martha Gellhorn Prize for Journalism in the United Kingdom and listed in The Verge 50. In 2016, she worked at The Constitution Project in Washington, D.C. as a staff researcher and writer on an independent commission studying Oklahoma's death penalty. She also provided research support to scholars of the first cost study conducted on that state's capital punishment system.