Witness | US v Pfc. Manning, Special Agent Troy Bettencourt, Army CID

  • posted December 20, 2011

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.

General Description

Special Agent Troy Bettencourt, Army Army Criminal Investigation Command (CID) is a forensics examiner for civil and criminal interaction with Army CID from November 2010 to December 2011 and was a Special Agent on the intrusion team assigned to the investigation.

SA Bettencourt, Army CID, testified that he interviewed more than 10 people including Bradley Manning’s Chain of Command and contractors.

SA Bettencourt, Army CID, testified that he interviewed all but one of 10 or more individual with other Army CID agents.

SA Bettencourt, Army CID, testified that he did not use audio or video while interviewing any individuals, and that the use of audio or video needs approval.

SA Bettencourt, Army CID, testified describing WikiLeaks.org as “founded in 2006 by an Australian national…bound to no Government entity.” SA Bettencourt, Army CID, testified that WikiLeaks.org is a Web site on the technical side. SA Bettencourt, Army CID, testified that WikiLeaks has servers all over the world: “Germany, Sweden, [names more countries], even Texas.” SA Bettencourt testfied the Wikileaks is fiscally based, “[w]herever Mr. Assange is located.”

SA Bettencourt, Army CID, testified concerning the user flow process for submitting to the WikiLeaks Web site. SA Bettencourt, Army CID, testified describing WikiLeaks.org as “soliciting classified, decrypted…” SA Bettencourt, Army CID, testified describing the WikiLeaks “Most Wanted List” by Country.

SA Bettencourt, Army CID, testified concerning an email that Pfc. Manning allegedly sent to his chain of command wherein he attached a picture of himself dressed as a woman. That individual is Master Sergeant Paul David Adkins (now Sergeant 1st Class due to administrative action), according to the testimony of Captain Steven Lim, 2nd Brigade Military Intelligence (MI) Company Commander, Brigade S2.

SA Bettencourt, Army CID, testified that Pfc. Manning was not tied to a known terrorist group. SA Bettencourt, Army CID, testified that friends that Bettencourt interviewed said that they discussed politics with Pfc. Manning

SA Bettencourt, Army CID, testified to three incident: Incident where Pfc. Manning allegedly assaulted an unnamed supervisor, who according to Specialist Jihrleah Showman was her; Incident where Pfc. Manning allegedly “threw a computer”; and incident where Pfc. Manning was allegedly “curled up in a ball.”

SA Bettencourt, Army CID, testified that spear phishing is an attempt to gain personal information via email or chat, “to masquerade as a trusted source.” SA Bettencourt, Army CID, testified that “phishing is like a shotgun; spear phishing is like a sniper rifle.” SA Bettencourt, Army CID, testified that spear phasing is more effective because “need intelligence about your target. If you are going to craft a message, the more effective you will be. Spoofing, making believe you are somebody, you may think that it is from someone you know, and you may accept it.” SA Bettencourt, Army CID, testified that “spear-phishers” target for financial gain, but their are “nation-based attempts” and “[g]overnment espionage.”

SA Bettencourt, Army CID, testified that concerning the “value of information” Wikileaks has dissension within their ranks. SA Bettencourt, Army CID, testified “Mr. Assange. …said folks, he demanded that they sign an NDA saying they would not disclose…to WikiLeaks. They said somewhere between 12 and 15 million. The valuation of information 12 million pounds [for everything they have].”

Individuals mentioned in the testimony of Special Agent Troy Bettencourt, Army Criminal Investigation Command (CID)

  • Julian Assange
  • Unnamed individuals interviewed who were Bradley Manning’s Chain of Command.
  • Unnamed individuals interviewed who were contractors.
  • Unnamed CID Agents who accompanied Special Agent Troy Bettencourt on all but one of his interviews of more than 10 unnamed individuals.
  • Master Sergeant Paul David Adkins (now Sergeant 1st Class due to administrative action), US Army
  • Unnamed friends that SA Bettencourt, Army CID, said they had discussions with Pfc. Manning concerning politics
  • Specialist Jihrleah Showman
  • Unnamed individuals who SA Bettencourt, Army CID, said that Julian Assange made them sign a NDA that valued everything WikiLeaks had in terms of information somewhere between 12 and 15 million.

Evidence named in the testimony of Special Agent Troy Bettencourt, Army Criminal Investigation Command (CID)

This is a running list of evidence presented by the Government in open Court. The items should not be taken as statements of fact, since this list does not contain the Government’s methods or modes for conducting the analysis, and in some cases the evidence is inconclusive, circumstantial, or disputed as not criminal per elements or items as charged. I have compiled this list to investigate the Government’s case. The public is also not privy to the classified portions of this agent’s testimony, so one cannot say with certainty if any of the Government’s methods or assertions have come under countering scrutiny by the defense during closed sessions.

  • WikiLeaks.org Web site
    • Submission Process
    • Most Wanted List by Country
    • Reykjavik 13
    • Collateral Murder
    • Afghan War Logs
    • Iraq War Diary
    • Cablegate
    • GTMO Files
    • Un-redacted State Department Cables
  • Two (2) web archives of the WikiLeaks.org Web site one of them displayed a country listings, prosecution stops scrolling at the United States under which is a bullet points list that includes: Intellipedia, http://opensource.gov and more. Under military intelligence on the ‘Most Wanted List’ we see featured CIA, detainee interrogations, rules of engagement, Camp Delta, and more. Special Agent Troy Bettencourt reads allowed what is shown on the screen.
    • Web archive of the Wikileaks.org Web site from May ?, 2010
    • Web archive of the Wikileaks.org Web site from November 5, 2009
  • WikiLeaks.org Twitter Profile @WikiLeaks
    • three (3) screenshots of WikiLeaks tweets

        • [gap]

        [gap]

  • Brianna Manning unnamed Service Provider Email Account
  • Brianna Manning Facebook Profile
  • Bradley Manning email to Master Sergeant Paul David Adkins (now Sergeant 1st Class due to administrative action), US Army with a picture of himself dressed as a woman.
  • Evidence that Assange said the information that WikiLeaks had was valued somewhere between 12 and 15 million pounds.

No. 5 on the December 2, 2011 Defense Request for Article 32 Witnesses

5.) XXXXXXXXXX [SPECIAL AGENT TROY BETTENCOURT, ARMY CID] is one of the law enforcement agents that conducted work on this case. He interviewed numerous witnesses during the CCIU investigation from 2nd BCT. He also detailed the collection of classified information for the Information Review Task Force’s damage assessment.

First appearance in open Court of Special Agent Troy Bettencourt’s, Army CID, testimony at US v Pfc. Manning Article 32 Pretrial:

See Transcript of US v Pfc. Bradley Manning, Article 32 Pretrial Hearing, 12/17/11

[Fourth witness. Special Agent Troy Bettencourt (sp.). Testimony was accompanied by visual projection of two archives of the WikiLeaks Web site and three screenshots of @WikiLeaks tweets.]

Prosecution: Where do you work?

Special Agent Troy Bettencourt:The US Treasury.

Prosecution: What kind work?

Special Agent Troy Bettencourt:Forensics for civil, criminal interaction. I was an Army CID prior to my current position…from November 2010 to December 2011 and then previously from 2001 to 2005.

Prosecution: What was your job?

Special Agent Troy Bettencourt:I was a special agent on the intrusion team assigned to this.

Prosecution: What training have you completed?

Special Agent Troy Bettencourt:I have completed courses from the government and commercial providers…NCay…Access Data…DC3…

Prosecution: Have you ever testified?

Special Agent Troy Bettencourt:Yes…cyber crimes…general crimes.

Prosecution: What is wikileaks.org?

Special Agent Troy Bettencourt:WikiLeaks was founded in 2006 by an Australian national…bound to no government entity.
The same time the organization existed, the web site existed…they solicit classified, decrypted…

Prosecution: How does one submit to the web site?

[Special Agent Troy Bettencourt then goes through a user flow process that he describes as the WikiLeaks submission process…]

Special Agent Troy Bettencourt:You initiate…the Web site scans your computer for the file to upload…

Prosecution: WikiLeaks is a Web site?

Special Agent Troy Bettencourt:Yes, on the technical side it is a Web site.

Prosecution: Where are its servers?

Special Agent Troy Bettencourt:All over the world: Germany, Sweden, (names more countries) even Texas.

Prosecution: Where is it fiscally based?

Special Agent Troy Bettencourt:Wherever Mr. Assange is located. At one time it was Iceland. Now it is England.

Prosecution: Why Iceland?

Special Agent Troy Bettencourt:Iceland initiated the Icelandic Modern Media Initiative.

IO: Can you please repeat that? What did you call it? Please say that again.

Special Agent Troy Bettencourt:The Icelandic Modern Media Initiative.

Prosecution: Did WikiLeaks ever solicit?

Special Agent Troy Bettencourt:…put an update…”Most Wanted List” by country…

[Special Agent Troy Bettencourt then explains the Way Back machine. On a projected screen are shown two Web archives he identifies as from May ?, 2010 and then November 5, 2009. I could not find an specific enough date for the May archive online, since I did not get the day, and there was no WikiLeaks archive available online dated November 5, 2009.]

[Prosecution shows archive of WikiLeaks Web site displaying a country listings and stops scrolling at the United States under which is a bullet points list that includes: Intellipedia, http://opensource.gov and more. Under military intelligence on the ‘Most Wanted List’ we see featured CIA, detainee interrogations, rules of engagement, Camp Delta, and more. Special Agent Troy Bettencourt reads allowed what is shown on the screen. At one point the Investigating Officer asks that the prosecution and Special Agent Troy Bettencourt to slow down and repeat themselves, saying that they are going too fast.]

Prosecution: Did WikiLeaks ever use social media?

Special Agent Troy Bettencourt:Yes…very much. They still do.

Prosecution: What is twitter?

[Special Agent Troy Bettencourt answers. I did not write his answer down.]

[NB Screenshots of WikiLeaks tweets showed an older version of the WikiLeaks logo, but one that had “Free Bradley” in it. I cannot confirm that Bradley Manning noticed the banner.]

[Special Agent Troy Bettencourt goes through WikiLeaks publishing dates ‘First release February 2010 Reykjavik 13, March 15, 2010 Army…April 2010 edited Apache video Special Agent Troy Bettencourt says, “They termed it Collateral Murder” July 2010 Afghan War Logs…Oct 2010 Special Agent Troy Bettencourt says, “What they call Iraq War Diary” 2004 to 2009, then started to release US State Dept Cables…what they called “cablegate” “released in batches” April, detainee info at GTMO…Special Agent Troy Bettencourt finishes.]

Prosecution: You mentioned US State Dept cable ‘batches’?

Special Agent Troy Bettencourt: 20th of August the entire document, 250,000 US State Department un-redacted cables were published on the Internet.
[Defense cross-examines the witness.]

Defense: Work with other agencies? FBI, Department of State, ICE? … Interviewed many individuals?

Special Agent Troy Bettencourt:More than 10.

Defense: Interview any of PFC’s Chain of Command?

Special Agent Troy Bettencourt:Yes or contractors.

Defense: Did you interview them alone or with others?

Special Agent Troy Bettencourt:Interviewed all but one with others. Only CID, I don’t recall others.

Defense: Any audio or video?

Special Agent Troy Bettencourt:No.

Defense What determines if audio or video is used?

Special Agent Troy Bettencourt:Need approval.

Defense Did you come across any evidence of Brianna Manning?

Special Agent Troy Bettencourt: He had an email address, a FaceBook profile. He had emailed a member of the chain of command with a picture of him dressed as a woman.

Defense Aware of him being gay?

Special Agent Troy Bettencourt:Yes.

Defense Ever served in the military?

Special Agent Troy Bettencourt:Yes. Served for 12 years.

Defense During your work, was he tied to a known terrorist group?

Special Agent Troy Bettencourt:No.

Defense An individual interested in politics (referring to Manning)?

Special Agent Troy Bettencourt:Friends said they would have discussions with him pertaining to politics.

Defense Evidence of him exuding odd behavior?

Special Agent Troy Bettencourt:Incident where Manning assaulted a supervisor…incident where he threw a computer…incident where he was found curled up in a ball.

Defense Opinion as to his military leadership?

Special Agent Troy Bettencourt:I would with the benefit of hindsight like to think I would have noticed his behavior and prevented him from deploying.

[Prosecution re-examines Special Agent Troy Bettencourt (sp.)]

Prosecution: You are CID? As CID you sign a non-disclosure agreement for government clearance. Do you believe people have a responsibility to secure classified info?

[Then the prosecution as that “If Manning is guilty for what he is accused of did Special Agent Troy Bettencourt asked if he put people’s lives at risk.” Defense objects. ]

[IO stops line of questions and tells Prosecution not to ask about Manning’s guilt or innocence.]

Second appearance in open Court of Special Agent Troy Bettencourt’s, Army CID, testimony at US v Pfc. Manning Article 32 Pretrial:

See Transcript of US v PFC Bradley Manning, Article 32 Pretrial, 12/20/11 (by an anonymous journalist, ed. by Alexa O’Brien)

UNITED STATES CALLS SPECIAL AGENT TROY BETTENCOURT, ARMY CID

Prosecution: Are you familiar with spear phishing?

Bettencourt: It is an attempt to gain personal info via email or chat. So they masquerade as a trusted source. Regular phishing: you might get something from Paypal saying your account expired. If you answer, they might get your personal financial information. If they cast the net wide enough, they catch some people. Phishing is like a shotgun; spear phishing is like a sniper rifle.

Prosecution: What makes spear phishing more effective?

Bettencourt: You need intelligence about your target. If you are going to craft a message, the more effective you will be. Spoofing, making believe you are somebody, you may think that it is from someone you know, and you may accept it.

Prosecution: You said spear phishers target for financial gain?

Bettencourt: Many cases, but there are nation-based attempts. Government espionage.

Prosecution: I wanna talk about the value of information, especially in terms of WikiLeaks. Have they ever said that they valued the information released to them?

Bettencourt: They have had some dissention in their ranks and have had some…

DEFENSE OBJECTION: HEARSAY

OVERRULED.

Bettencourt: Mr. Assange. …said folks, he demanded that they sign an N.D.A. saying they would not disclose…to WikiLeaks. They said somewhere between 12 and 15 million. The valuation of information 12 million pounds.

Investigating Officer: Everything they possessed or what they possessed in this matter?

Bettencourt: Everything.

[Transcriber notes that they may have missed more.]

DEFENSE DECLINES CROSS EXAMINATION.

SPECIAL AGENT TROY BETTENCOURT, CID IS PERMANENTLY EXCUSED.

Other Resources: