Alexa O'Brien

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.

FVEY partnerships with IC and U.S. institutions of higher education.

From active shooters, to counter-terrorism, to counter-proliferation, and counter-intelligence, the U.S. Intelligence Community and law enforcement are actively partnering with U.S. institutions of high education. The partnership extends to FVEY country counterparts. In 2015 and 2016, William M. Arkin and I published a multi-month investigation into the most 'militarized' universities in the United States, outlining the entities that comprise the national security partnerships between U.S. institutions of higher education and…

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Update No. 4: My @YouTube account was suspended for uploaded/embedded portions of AQ vids used for analysis for U.S. v Pfc. Manning. It appears my Google account is also slated for deletion.

Update No. 4: Just found out Google/Youtube re-instated the third (and the most central portion of the 2011 AQ video) that they had banned. I hope these events further Google/YouTube's and the public's learning curve about these complex issues. I have placed a thumbnail to visually provide context for the three portions of the 2011 Al Qaeda video that I had uploaded to YouTube, and embedded in my 2015 analysis…

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Criminal theories against WikiLeaks that survive Manning court-martial.

Just going to quickly write this up, because I have had several conversations (and despite my attempts to tweet information to save time, it doesn't work). There are several criminal theories that survive the Manning court-martial in re a possible USG case against WikiLeaks for the 2010 releases of classified information: 1.) The Garani Airstrike Video. Manning was acquitted of this criminal conspiracy, and it was central to the USG…

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Oklahoma Death Penalty Review Report and Cost Study by Collins, Hickman, Boruchowitz

In 2016, I worked at The Constitution Project in Washington, D.C. as a staff researcher and writer on an independent commission studying Oklahoma's death penalty. The commission was co-chaired by former Oklahoma governor Brad Henry. The commission offered 42 recommendations, but the overall recommendation was: "In light of the extensive information gathered from this year-long, in-depth study, the Commission members unanimously recommend that the current moratorium on the death penalty…

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Previously unknown search warrants and electronic comm orders tied to WikiLeaks criminal investigation.

I have had this list for many years, and have shared it with various journalists from time to time. I am now publishing it. This is a list of all search warrants and electronic communications orders related to the WikiLeaks investigation that I have found. I spent a lot of time in the clerks office in the Eastern District of Virginia and Southern District of New York (long before it…

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A case for Executive mercy for Chelsea Manning

Manning was born and grew up in an age of information. Her leaks are proportional to it, even if they understandably shocked the institutions and society with their advent. Her guilelessness evokes the kind of earnest protagonist in a classic fictional war story. Like in Thin Red Line or Catch 22 Manning was a humanist soldier trapped by cynical realities of warfare and her own incapacity to deaden her senses and willful and disobedient conscience clinging onto the exigent hope that sanity and common sense would triumph if buttressed by knowledge and deliberation. Whether or not the reality of such an ideal is real or a fairy tale we tell ourselves remains to be seen. An act of mercy by the Executive, might evidence its virtuous display in our great and fallible experiment in self government.

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Chelsea Manning Charged Documents

In the summer of 2013, Private Chelsea Manning was convicted of six offenses of violating the Espionage Act and one violation of the Computer Fraud and Abuse Act for disclosing portions of approximately 227 documents to WikiLeaks. Manning was not charged as a spy. Below is one of several instances that military prosecutors told the court, that Manning was not charged as a spy under the Espionage Act. (See FOIA…

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Doctors of Doom: What a PhD Really Means in the US National Security Community: A VICE News Investigation

A follow up to Bill Arkin's and my ranking of the VICE News: Most Militarized Universities in America, Doctors of Doom reveals: Online for-profit schools currently dominate the awarding of doctoral degrees to intelligence professionals, with four for-profit online schools Capella University, Walden University, the University of Phoenix, and Northcentral University awarding the most degrees, almost 15 percent of the total. 1 out of 50 doctoral degrees in the US…

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The Most Militarized Universities in America: A VICE News Investigation

The Most Militarized Universities in America: A VICE News Investigation After months of work with VICE News, Bill Arkin and I have produced a definitive list of American colleges and universities with the greatest number of students who are employed by the Intelligence Community (IC), have the closest relationships with the national security state, and profit the most from American war-waging. Our research offers unprecedented insight into the make-up of…

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‘What happens to society in the absence of an alternative, counter-narrative to that of the national security state?’ (My presentation at the Center for Investigative Journalism in London)

Below are a few of the questions that I raised in a recent presentation that I gave at The Centre for Investigative Journalism (CIJ)​ in London (video below): Five years after Manning's leaks are we capable of deliberation and thoughtfulness? Are we capable of human agency in the age of leaks and myriad weak social ties? What happens to society in the absence of an alternative, counter-narrative to that of…

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Key details about the ‘bin Laden evidence’ in Chelsea Manning’s court-martial (UPDATED No. 2)

UPDATES ARE BELOW This post intends to provide a detailed account of classified evidence, which the U.S. government used at Chelsea Manning's court-martial, and which it asserts was obtained during the May 2011 raid of Osama bin Laden's compound in Abbottabad, Pakistan. Statements made about the 'bin Laden evidence' by the government in a court of law have more weight than statements or hearsay made by Executive agents to the…

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FISA Information in the Manning Trial

I wish to highlight for the public record an instance of Foreign Intelligence Surveillance Act (FISA) information in Chelsea Manning's court-martial, which is also part of the U.S. Government's intelligence and criminal investigations into WikiLeaks. What remains unclear, as national security commentator Marcy Wheeler put it to me, is whether the FISA information is probable cause content targeted at a U.S. person (Title I and Title III) or another tool…

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State Department declassified portions of 44 of 116 cables charged against Manning under Espionage Act after her arrest

On the fifth anniversary of the publication of the July 2007 U.S. Baghdad, Iraq airstrike video (which killed up to twelve individuals including two journalists and also injured two children), the International Festival of Journalism (held in Perugia, Italy) hosted a panel to discuss Chelsea Manning and other whistleblowers. I revealed for the first time that the Department of State declassified portions of 44 of the 116 diplomatic cables charged…

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Six videos used as defense exhibits in US v. Pfc. Manning released to me in ongoing FOIA request to Army

I currently have several hundred Freedom of Information Act and Privacy Act requests with every federal agency of the United States government and several current or upcoming FOIA/PA lawsuits in the works. On March 25, 2015, the U.S. Army released six video exhibits used by Chelsea Manning's defense at her trial in the summer of 2013. While they contain public information, they are not generally know in this context. These…

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More on the State Department First ‘Official’ Release of a Hillary Clinton Email resulting from my FOIA lawsuit

Heavily redacted emails (including one to the former secretary of state Hillary Clinton’s personal account in violation of official policy, which was featured in an article about my Freedom of Information Act lawsuit by Jason Leopold at Vice News), provide critical new insight into the untold story of how high level State Department officials handled Private Chelsea Manning’s disclosures and their subsequent publication by the WikiLeaks organization. My attorney Jeff…

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Google disclosed secret search warrants six months after judge’s unsealing order.

Public docketing and confirmations to the clerks in the U.S. District Court in Alexandria, Virginia by the U.S. Attorney in the Eastern District of Virginia, who was responsible for filing all three search warrants for WikiLeaks staffer's email content in March 2012, reveal that Google waited six months to disclose the existence of the search warrants by the U.S. Department of Justice, despite a May 15, 2014 ruling by Magistrate…

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The Case of Chelsea Manning (31c3 Presentation)

A discussion with U.S. Army private Chelsea Manning's attorneys Nanny Hollander, Ahmed Ghappour, and Chase Strangio. Moderated by journalist Alexa O'Brien. In the Summer of 2013, Manning was convicted under the Espionage and Computer Fraud and Abuse Acts and sentenced to 35 years in prison for disclosing battlefield reports from the wars in Iraq and Afghanistan, Guantanamo prison camp detainee profiles, and U.S. diplomatic correspondence. She currently is imprisoned at…

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Retired NSA Technical Director Explains Snowden Docs

I had an opportunity to attend a presentation by a retired technical director at the NSA, William Binney, which provided context for some of the published documents released by former NSA contractor, Edward Snowden. Because of the public value of Binney's expertise on the subject, I decided to publish his presentation and comments on my website. Binney also mentions how the current NSA mass surveillance regime differs from aspects of…

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Emails & new warrants raise questions about investigators’ conduct in Manning criminal probe

UPDATE CLICK HERE Two weeks into the former U.S. Army intelligence analyst, Chelsea Manning's, three year long court-martial last summer, military and federal prosecutors were still seeking evidence against the twenty-six year old from Google. Manning is currently serving a 35 year sentence at the Disciplinary Barracks in Fort Leavenworth, Kansas, after she was convicted on twenty offenses for disclosing low-level U.S. Army field reports, diplomatic cables, and other government…

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Newly published secret grand jury orders & other docs shed light on US investigation now entering 5th year

Newly published documents, including sealed court orders from the secret Department of Justice grand jury investigating WikiLeaks, shed light on the manner and scope of the criminal and intelligence probes into Julian Assange and civilians associated with the online publisher of censored material. Diplomatic Security Services, the law enforcement arm of the U.S. Department of State, along with "other elements of the U.S. government," began investigating the unauthorized disclosure of…

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’07KINGSTON25 JAMAICA MALARIA UPDATE’, Dispatches from Fort Meade, Reporting on the secret trial of Chelsea Manning (30C3 Presentation)

At Fort George 'Orwell' Meade, home of the NSA and the U.S. Defense Information School, managing the message at Chelsea Manning's trial was facilitated by a lack of public access to most of the court filings and rulings until 18 months into her legal proceeding. While Manning disclosed approximately 750,000 documents to WikiLeaks, only 240 of those documents were charged against her under the Espionage and Computer Fraud and Abuse…

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Update on Released Exhibits and Missing Transcripts for US v Pfc. Manning

For the last few months, the Center for Constitutional Rights has been finalizing its suit against Chief Judge Col. Denise Lind filed in the federal district court in Baltimore, Maryland. The CCR suit is seeking access to documents and closed sessions in the court-martial of Private First Class Manning. On August 21, 2013 Manning was sentenced to 35 years in prison on twenty offenses including espionage, exceeding authorized access, stealing…

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The Cairo Review of Global Affairs: The Trial of Chelsea Manning

A military judge found the U.S. army private guilty on twenty espionage and other charges related to the leaking of military field reports and diplomatic cables to WikiLeaks. But the lack of transparency in the proceedings raises questions about the legitimacy of the verdict and the harshness of the sentence. Rather than achieving justice, the conviction highlights President Obamas war on whistleblowers. Read The Trial of Chelsea Manning in The…

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The Sentencing of Chelsea Manning: Alexa O’Brien’s Exclusive Interview with Attorney David Coombs

On August 21, 2013 The Sparrow Project partnered with Jeff Wirth of Burning Hearts Media to produce Alexa O'Brien's exclusive interview with David Coombs, lead civilian counsel for Private First Class Manning. An excerpt of this interview aired that afternoon on Huffpost Live and was embedded on Huffington Post. The next morning, 40 minutes of this interview aired on Democracy Now!. The following is Alexa's interview with David in its…

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Transcript | US v Pfc. Manning, Pfc. Manning’s Unsworn Statement during Sentencing Trial, 08/14/13

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…

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Defense and possible prosecution rebuttal witness for sentencing, Col. David Miller, commander 2 BCT/10 MTN | US v Pfc. Manning

UPDATED Col. David Miller commander of the Second Brigade, 10th Mountain Division will testify Monday for the defense in the sentencing trial of Pfc. Manning. Miller may also reappear in a possible rebuttal case by the prosecution. Col. David M. Miller was the most senior officer in Manning's chain of command in the 2 BCT/10th MTN. Defense Sentencing Case Defense is likely to highlight the breakdown in Manning's chain of…

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3 Classified Damage Assessments to be used as Evidence in Sentencing Phase | US v Pfc. Manning

Today, the presiding military judge, Col. Denise Lind found Manning guilty of 20 offenses under the Uniform Code of Military Justice including the Espionage Act, The Computer Fraud and Abuse Act, and Steal U.S. Government Property. Manning faces up to 136 years in a military prison, dishonorable discharge; and forfeiture of all pay and allowances. Unlike a federal criminal trial, where sentencing occurs after the creation of a pre-sentencing report,…

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Breakdown on the Imminent Verdict | US v Pfc. Manning

Pfc. Manning is charged with 22 offenses under the Uniform Code of Military Justice. He pled to 10 lesser included offenses and currently faces up to 20 years. Manning will face life plus 154 years in a military prison if convicted on the prosecution's case. The presiding military judge, Col. Denise Lind, will announce her findings on Manning's guilt or innocence at 1:00 p.m. EST on Tuesday, July 30. Below…

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The names and information for the expected 13 USG sentencing witnesses with classified testimony | US v Pfc. Manning

Below is a list of thirteen witnesses for the prosecution expected to testify in closed session or by classified stipulations of testimony in the sentencing phase of United States v. Pfc. Manning. Manning opted to be tried by military judge alone in lieu of a panel of officers and/or enlisted personnel. After the closing arguments, which will follow the prosecution's rebuttal case (as well as the presiding military judge Col.…

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5 Violations of a Failure to Obey Army Regulation 25-2 and 380-5 | US v Pfc. Manning

Manning pled not guilty to four violations of a failure to obey Army Regulation 25-2, concerning Information Assurance, for allegedly adding Wget to two separate Army computers, trying to crack the administrator password on his one of his computers, and using an Army information system other than intended by downloading the unclassified U.S. Forces - Iraq Microsoft SharePoint Server Global Address List. Manning pled guilty for a failure to obey…

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Criminal Elements and Definitions for Stealing 5 U.S.G. databases for Iraq War Logs, Afghan War Diary, GTMO Files, Cablegate, US-I GAL

The Uniform Code of Military Justice (U.C.M.J.) is the law applicable to all military members and is passed by Congress. Article 134 is reserved for crimes that do not exist under the regular punitive Articles of the U.C.M.J. and which involve "disorders and neglects to the prejudice of good order and discipline in the armed forces"; or "conduct of a nature to bring discredit upon the armed forces"; and/or finally,…

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Criminal Elements and Definitions for ‘exceed authorized access’ CFAA 18 USC 1030(a)(1) | US v Pfc. Manning

The Uniform Code of Military Justice (U.C.M.J.) is the law applicable to all military members and is passed by Congress. Article 134 is reserved for crimes that do not exist under the regular punitive Articles of the U.C.M.J. and which involve "disorders and neglects to the prejudice of good order and discipline in the armed forces"; or "conduct of a nature to bring discredit upon the armed forces"; and/or finally,…

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Criminal Elements and Definitions for Wanton Publication and State Dept, CIA, FBI, and Classified Witnesses | US v Pfc. Manning

Manning pled not guilty to "Wanton Publication" in February. If convicted he is exposed to a maximum punishment of two years confinement. Elements In order to find Manning guilty of this offense, the presiding military judge (Manning opted to be tried by military judge alone) must be convinced by legal and competent evidence beyond reasonable doubt: Element (1) That at or near Contingency Station Hammer, Iraq, between on or about…

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Criminal Elements and Definitions Aiding the Enemy and State Dept, CIA, FBI, and Classified Witnesses | US v Pfc. Manning

Manning pled not guilty to aiding the enemy. Aiding the enemy is a capital offense. Military prosecutors are recommending life in prison, but the presiding military judge has the authority to impose the death penalty. If Manning is convicted of aiding the enemy, he will spend the rest of his life in prison. Elements In the specification of Charge I, Manning is charged with the offense of Aiding the Enemy…

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James Moore, Dep Asst Sec Bur of South and Central Asian Affairs, State Dept Unclassified Stipulation (Charged Cables w/Links) | US v Pfc. Manning

James Moore is Deputy Assistant Secretary Bureau of South and Central Asian Affairs at the Department of State. On June 27, 2013 the following unclassified redacted stipulation of testimony was read into the court record. According to an unpublished transcript of the May 21, 2013 Article 39(a) session, Moore was to testify in the U.S.G.'s case for The Specification, Charge I; Spec 1, 12, and 13, Charge II, which are…

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Don Yamamoto Asst Sec of State for African Affairs, State Dept, Unclassified Stipulation (Charged Cables w/Links) | US v Pfc. Manning

Ambassador Don Yamamoto is the former Principal Deputy Assistant Secretary within the Bureau of African Affairs, currently serving as Assistant Secretary of State for African Affairs, Department of State. On June 27, 2013 the following unclassified and redacted stipulation of testimony was read into the court record. According to an unpublished transcript of the May 21, 2013 Article 39(a) session, Yamamoto was to testify in the U.S.G.'s case for The…

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H. Dean Pittman, PDAS Bureau of International Org Affairs, State Dept Unclassified Stipulation (Charged Cables w/ Links) | US v Pfc. Manning

H. Dean Pittman, Principal Acting Assistant Secretary Bureau of International Organization Affairs, Department of State. The Bureau of International Organization Affairs is the primary interlocutor with the United Nations and is charged with advancing the President's agenda and the national interests of the United States. On June 27, 2013 the following unclassified and redacted stipulation of testimony was read into the Court record. According to an unpublished transcript of the…

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John Feeley, PDAS Bur of Western Hemisphere Affairs, Dept of State Unclassified Stipulation (Charged Cables and Links) | US v Pfc. Manning

John Feeley is the Principle Deputy Assistant Secretary for the Bureau of Western Hemisphere Affairs at the Department of State. On June 27, 2013 the following unclassified and redacted stipulation of testimony was read into the court record. 20130627 (PE 169a) Unclassified Redacted Stipulation of Expected Testimony (PDAS John Feeley, Department of State) (PDF) 20130627 (PE 169a) Unclassified Redacted Stipulation of Expected Testimony (PDAS John Feeley, Department of State) (Text)…

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AMB David Pearce, Acting SRAP State Dept Unclassified Stipulation (Charged Cables w/ Links) | US v Pfc. Manning

Ambassador David Pearce is the current U.S. Acting Special Representative on Afghanistan and Pakistan and former Assistant Chief of Mission at the U.S. embassy in Kabul, Afghanistan. On June 27, 2013 the following unclassified and redacted stipulation of testimony was read into the court record. 20130627 (PE 171a) Unclassified Redacted Stipulation of Expected Testimony (AMB David Pearce, Department of State) (PDF) 20130627 (PE 171a) Unclassified Redacted Stipulation of Expected Testimony…

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Marie Yovanovitch Asst Sec of State for European and Eurasian Affairs, State Dept, Unclassified Stipulation (Charged Cables w/Links) | US v Pfc. Manning

Ambassador Marie Yovanovitch is the Acting Assistant Secretary of State for European and Eurasian Affairs, in addition to her role as Principal Deputy Assistant Secretary, Department of State. On June 27, 2013 the following unclassified and redacted stipulation of testimony was read into the court record. According to an unpublished transcript of the May 21, 2013 Article 39(a) session, Yovanovitch was to testify in the U.S.G.'s case for The Specification,…

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Stephen Seche, Former US AMB to Yemen Bur of Near East Affairs, State Dept Unclassified Stipulation(s) (Charged/Uncharged Cables w/ Links) | US v Pfc. Manning

Ambassador Stephen Seche, formerly United States Ambassador to Yemen, Bureau of Near Eastern Affairs (NEA), Department of State. The NEA deals with U.S. foreign policy and diplomatic relations with Algeria, Bahrain, Egypt, Iran, Iraq, Israel, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, and Yemen. Regional policy issues include the war in Iraq, Middle East peace, terrorism, weapons of mass destruction, and political and…

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Joseph Yun, Asst Sec for East Asian & Pacific Affairs, State Dept Unclassified Stipulation (Charged Cables w/Links) | US v Pfc. Manning

Joseph Yun is Acting Assistant Secretary for East Asian and Pacific Affairs, Department of State. On June 27, 2013 the following unclassified and redacted stipulation of testimony was read into the court record. According to an unpublished transcript of the May 21, 2013 Article 39(a) session, Yun was to testify in the U.S.G.'s case for The Specification, Charge I; Spec 1, 12, and 13, Charge II, which are for Aid…

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Witnesses for the USG that the Court ruled allowed closed session who have stipulations of testimony | US v Pfc. Manning

This list contains the names of witnesses the Court ruled would be allowed to testify in a closed session. The Court also ruled that redacted unclassified versions of their testimony would be expeditiously made available to the public. Due to the recent development some of these witnesses have had their testimony entered as stipulations of testimony. If we have heard a stipulation of testimony entered into Court record I have…

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Nicholas Murphy Unclassified Stipulation, 117 Charged State Dept Cables with Links | US v Pfc. Manning

The following cables were listed in the stipulation of testimony of Mr. Nicholas Murphy, Senior Advisor for the Office of Information Program (I.P.S.), Bureau of Administration at the Department of State. Murphy conducted a classification review of 117 cables charged against Manning under the Espionage Act - 18 U.S.C. 793(e). There are 117 charged Department of State Cales or Telegrams. They are listed below. 96 cables, Murphy said, were classified…

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Criminal elements and definitions for Espionage: Collateral Murder, Iraq War Logs, Afghan War Diary, GTMO Files, USACIC Memo, CIA Red Cell Memos, Farah Docs, Garani Video | US v Pfc. Manning

Manning pled to a lesser included offense with substituted dates for seven Espionage Act offenses for 18 U.S.C. 793(e) charged under Article 134 for Collateral Murder Two CIA Red Cell Memos 37 Significant Activity Reports from the CIDNE-Afghanistan database (Afghan War Logs) 52 Significant Activity Reports from the CIDNE-Iraq database (Iraq War Diary) 5 records from a SOUTHCOM database (GTMO Files) Documents related to 2009 U.S. bombing in the Farah…

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Garani air strike case bombs in Court | US v Pfc. Manning

In March 2011, additional alleged criminal offenses including aiding the enemy were leveled at Manning. Superseding indictments with additional charges are a common prosecutorial scare tactic intended to pressure defendants to plea out, writes criminal law scholar, Professor Orin Kerr, in a post about the recent suicide of Aaron Swartz. The March 2011 charge sheet was accompanied by an amended time line. Prosecutors were alleging that the earliest date of…

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Summary of the Trial Session on June 10, 2013 | US v Pfc. Manning

I will continue to update as time and Internet connectivity is available. This post contains a summary and reflections on U.S. v. Pfc. Manning underway at Fort Meade, MD. It is June 10, 2013. Courtroom Manner Defense started out of the gate swinging-- even attempting to ask Special Agent David Shaver from Computer Crimes Investigative Unit about CENTAUR Logs-- also known as NetFlow logs collected from the Office of the…

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USG’s air strike conspiracy case not so air tight

In opening statements on the first day of the trial of Manning, military prosecutors alleged that the young intelligence analyst's first unauthorized disclosure occurred within two weeks of his arrival in Iraq. "The evidence will show that the first transmission of classified information that PFC Manning made was in late November 2009," said Captain Joe Morrow, "and that transmission was the video charged in Specification 11 of Charge II." Unclassified…

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U.S. Army says Manning docs taken down, because 400 docs are being uploaded

In April 2013, I made a Freedom of Information Act Request for over 400 appellate exhibits missing from a reconstructed appellate exhibit list that I forensically reconstructed from transcripts I had taken, and a smattering of available defense legal filings. A few days ago journalists noticed that the 84 documents posted previously by the U.S. Army Management and Declassification Agency were no longer available. According to a email exchange I…

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Transcript | US v Pfc. Manning, Military Prosecutors Opening Statement at Trial on Charges, 06/03/13

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…

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Overview of Garani Video, USG case against Manning for conspiracy, and the Grand Jury

"It was like Judgment Day," said a health worker who witnessed the May 4, 2009 U.S. air strike attack by a B-1 Bomber on civilians in the Farah Province of Afghanistan to Human Rights Watch. "Words cannot describe how terrible it was. Who can bear to see so many killed, from a two-day-old baby to a 70-year-old woman?" Prosecutorial Powers and Bolstering Conspiracy In March 2011, additional alleged criminal offenses…

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Overview of Charge of Wanton Publication and USG Classified Witnesses | US v Pfc. Manning

The language of "wantonly cause to be published on the internet intelligence belonging to the US government, having knowledge that intelligence published on the internet is accessible to the enemy" is an unprecedented charge in military law, and not tied to an existing federal criminal violation or punitive article of the Uniform Code of Military Justice. Manning's defense calls it a "made up offense." Manning pled not guilty to "Wanton…

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Overview of Aiding the Enemy Charge and USG Classified Witnesses | US v Pfc. Manning

*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 21, 2013 Chelsea proclaimed that she is female and wished to be addressed from that moment forward as Chelsea E. Manning. Manning is charged with aiding the enemy for knowingly giving intelligence-- specified in a classified document-- to the enemy indirectly…

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Three ‘Special’ Classified Witness and the Red Cell Memos

Within the list of 28 witnesses for whom military prosecutors sought Court closure for classified testimony at the upcoming trial of Manning are Mr. John Doe and three 'special' witnesses whose testimony the Court ruled on May 7 would be closed 'in entirety'. Presiding military judge, Col. Denise Lind, also ordered prosecutors to provide the Court with a plan by May 20 for how they intend to expedite unclassified transcripts…

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List of every sealed 2703(d) order in Eastern District of Virginia, May 2011 – April 2013

The 76 page document below contains a list of every electronic communication 'ec' orders under seal for criminal cases in the U.S. District Court for the Eastern District of Virginia between May 2011 and April 2013. The list begins in May 2011 because public docketing of 'ec' orders was established by court order in the Twitter 2703(d) case brought by Jacob Appelbaum, Rop Gonggrijp, Birgitta Jonsdottir. When the list was…

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Overview on Osama bin Laden evidence and prosecution’s move to close the Court for 28 classified witnesses.

Prosecutors have prevented defense forensic experts from conducting a full examination of the digital media containing the "bin Laden evidence". They are also seeking to limit both discovery and cross examination, as well as to prevent defense from conducting a pretrial interview of their anonymous witness, Mr. John Doe, who was involved in the raid of bin Laden's compound and who will testify about the evidence allegedly found there. Prosecutors…

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Transcript | US v Pfc. Manning, Appellate Exhibit Unknown, Court Ruling and Order: Interplay Between MRE 505, RCM 806, and US v. Grunden, Specificity of Classified Info and John Doe

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 04/10/13

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…

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Department of Justice spokesman for Eastern District of Virginia confirms grand jury investigation ‘ongoing’

A spokesperson for the U.S. Attorney for the Eastern District of Virginia at the Department of Justice confirmed today that the grand jury criminal investigation into WikiLeaks was ongoing. Peter Carr responded to my direct inquiries yesterday to Assistant U.S. Attorneys Andrew Peterson with the National Security Division and Lindsay A. Kelly of the Cyber Unit in Alexandria, Virginia regarding the status of the grand jury criminal investigation of WikiLeaks…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 03/01/13

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…

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Transcript | US v Pfc. Manning, Pfc. Manning’s Statement for the Providence Inquiry, 2/28/13

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…

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Transcript | US v Pfc. Manning, Manning’s formal plea to the charges including excepted and substituted language, 2/28/13

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 2/28/13, Providence Inquiry for Formal Plea

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…

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Overview of Manning’s anticipated plea and court’s speedy trial ruling for February 26 to March 1, 2013 sessions | US v Pfc. Manning

The next session of United States v. Private First Class Manning runs tomorrow, Tuesday, 26 February through Friday, 1 March. At this weeks session we expect to hear: Court's ruling on the defense speedy trial motion; Court's ruling on the government's motion to preclude over-classification evidence; Court's ruling on the defense's revised, proposed plea to lesser included offenses for two Specifications, vis. 13 and 14 of Charge II, related to…

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Cracking the First Amendment: USG builds conspiracy into the trial of Manning

For over a year, in a soundproofed courtroom located in the confined wasteland of Fort Meade, the U.S. Army is prosecuting the most consequential and unprecedented leak trial of the digital age in secrecy and managed obscurity. A twenty-five year old whistleblower, Private First Class Manning is charged with indirectly aiding Al Qaeda for allegedly providing information to WikiLeaks, who published the information on the Internet. Prosecutors have recommended life…

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US v Pfc. Manning | Defense Legal Filings and Statements

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…

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Transcript | US v Pfc. Manning, Court colloquy on defense revised proposed plea and forum, 01/09/13

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…

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Transcript | US v Pfc. Manning, Court Ruling on defense Article 13 motion, 01/08/13 and 01/09/13

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…

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Overview of the 18 USC 1030(a)(1) offenses | US v Pfc. Manning

Diplomatic Security Service (DSS) at the Department of State was responsible for handling forensic analysis of the hard drives that arrived from Iraq on June 10, 2010. Despite Army Criminal Investigative Command's (CID) September 2010 preservation request for other hard drives from the T-SCIF at FOB Hammer, Iraq, and the defense's own preservation request for the same in September 2011, the Government notified the Court and defense that of the…

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Transcript | US v Pfc. Manning, Witness Lance Corporal Jonathan Cline, Quantico Brig Guard

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…

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Transcript | US v Pfc. Manning, Witness Lance Corporal Joshua Tankersly, Quantico Brig Guard

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 11/30/12

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…

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Transcript | US v Pfc. Manning, Witness Gunners Mate Terrance Webb, Quantico Duty Brig Supervisor

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…

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Transcript | US v Pfc. Manning, Witness Lt. Col. Robert Russel, Quantico Forensic Psychiatrist

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…

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Transcript | US v Pfc. Manning, Pfc. Manning’s Witness Testimony, Article 13 hearing, 11/29/12 and 11/30/12

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…

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Witness | US v Pfc. Manning, Lt. Col. Dawn Hilton, Commander Joint Regional Correctional Facility at Fort Leavenworth

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…

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Transcript | US v Pfc. Manning, UPDATE Court ruling on proposed plea by substitution and exceptions, 11/29/12

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…

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Transcript | US v Pfc. Manning, Witness Col. Ricky Malone, Quantico Brig Forensic Psychiatrist

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 11/29/12

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 11/28/12

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…

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Transcript | US v Pfc. Manning, Witness Captain William Hocter, Quantico Brig Forensic Psychiatrist

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…

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Transcript | US v Pfc. Manning, Witness Col. Robert Oltman, Security Battalion Commander, Quantico

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…

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Transcript | US v Pfc. Manning, Oral argument for proposed plea by substitution and exceptions, 11/28/12

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…

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Transcript | US v Pfc. Manning, Court colloquy proposed plea by substitution and exceptions, 11/27/12

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…

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Transcript | US v Pfc. Manning, Witness Col. Daniel J. Choike, former Marine Corp Base Quantico Commander

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 11/27/12

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 11/08/12

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…

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Transcript | US v Pfc. Manning, UPDATE Plea and Forum, 11/07/12

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…

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Transcript | US v Pfc. Manning, Article 39(a) Session, 11/07/12

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…

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Transcript | US v Pfc. Manning, Plea and Forum, Article 39(a), 10/17/12

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…

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Investigations | US v Pfc. Manning, Secretary of the Army 15-6

Secretary of the Army 15-6 Investigation Secretary of the Army, John McHugh, directed Lt. Gen. Robert Caslen, commander of the Army General Command and Staff College at Fort Leavenworth, Kansas to lead a "six-member task force" investigation into "how Pfc. Manning was selected for his job and trained" and "whether his superiors missed warning signs that he was downloading documents he had no need to read," according to a 23…

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Quantico video of Pfc. Manning 18 Jan 2011 stripping and interrogation at direction of CW4 James Averhart

Where is the video of Pfc. Manning interrogation by CW4 Averhart at Quantico? On 18 January 2011, Pfc. Manning is interrogated and stripped by guards at the direction of the Quantico Brig Commander, CW4 James Averhart. Defense states that the incident is videotaped. Pfc. Manning writes: After being returned to my cell [18 January 2010], I started to read a book. About 30 minutes later, the PCF Commander, CW4 James…

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US v Pfc. Manning | Defense Legal Filings, Defense Supplement to Article 13 Motion

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…

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Coffey says Patrick Kennedy briefed Congress in Nov & Dec 2010, State Dept says no records, no memory, no damage

[Update, August 23, 2012] At the June 7, 2012 Article 39(a) session of US v. Pfc. Manning, Marguerite Coffey, former State Department director of the Office of Management Policy, Right Sizing, and Innovation who also acted as the supervisor of the WikiLeaks Mitigation Team, states that, Patrick Kennedy, Undersecretary for Management at the Department of State, briefed Congress about WikiLeaks in late November, early December 2010: Defense (Coombs) Are you…

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US v Pfc. Manning | Defense Legal Filings, Defense Motion to Compel Discovery No. 3

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…

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