I wanted to put this statement up on my blog, because I intend to write more about the U.S. prosecution of Julian Assange and related WikiLeaks espionage cases. I haven’t written about the subject regularly for public consumption, despite being an expert, by choice. Since I am a subject matter expert on the Chelsea Manning court-martial record and the U.S. investigation into civilians involved in the 2010 breach, however, I…

A December 2017 criminal complaint, as well as March 2018 and May 2019 indictments against Julian Assange, demonstrate that prosecutorial theories related to a criminal conspiracy involving civilians have indeed survived the Chelsea Manning court-martial. I had reported and discussed the surviving theories after her court-martial.[1] One is the foundation of the existing superseding indictment. Lets take a look at Count 18. Underlying that surviving theory is the allegation that…

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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.…

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…

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…

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…

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)…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

"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…

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…

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…

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…

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…

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…

Defense Intelligence Agency: Information Review Task Force On July 29, 2010, then Secretary of Defense, Robert Gates, ordered the former director of the Defense Intelligence Agency, Ronald Burgess, to stand up an Information Review Task Force, to lead a comprehensive review in concert with interagency participants of the documents allegedly given to WikiLeaks. The Information Review Task Force was a 24 hour per day operation, comprised of 80 people, largely…

U.S. District Court Eastern District of Virginia - (Alexandria) CRIMINAL DOCKET FOR CASE #: 1:11-sw-00454-TRJ-1 Assigned to: Magistrate Judge Thomas Rawles Jones Jr Date Filed: 02/28/2012 Defendant (1) In re a Search Warrant Issued to Google, Inc. on August 24, 2011 Pending Counts Disposition None Highest Offense Level (Opening) None Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition None Interested Party Google, Inc. represented byJohn Kuropatkin Roche Perkins…

David House Grand Jury Subpoena Letter "We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal law involving, but not necessarily limited to conspiracy to communicate or transmit national defense information in violation of 18 U.S.C. 793(g) and conspiracy to violate the laws of the United States, in violation of 18 U.S.C. 371 to wit; knowingly accessing a computer without authorization or exceeding…

U.S. District Court Eastern District of Virginia - (Alexandria) CRIMINAL DOCKET FOR CASE #: 1:11-ec-00056-TRJ-1 Assigned to: Magistrate Judge Thomas Rawles Jones Jr. Defendant (1) In re a 18 U.S.C. 2703(d) Order issued to Google, Inc. on June 10, 2011 Pending Counts Disposition None Highest Offense Level (Opening) None Terminated Counts Disposition None Highest Offense Level (Terminated) None Complaints Disposition None Interested Party Google, Inc. represented byJohn Kuropatkin Roche Perkins Coie…

Letter Re: 11-3/ 10GJ3793 Date of Letter May 25, 2011 Signed by: Tracy Doherty-McCormick, Assistant U.S. Attorney, Criminal Division's Child Exploitation and Obscenity Section (CEOS) (X) Niel MacBride, U.S. Attorney, Eastern District of Virginia Subpoena 11-3 /10GJ3793 / 11 - 1685 Date of Subpoena May 25, 2011 Grand Jury Appearance June 15, 2011 Requested by: Tracy McCormick, Assistant U.S. Attorney, Criminal Division's Child Exploitation and Obscenity Section (CEOS) Signed by:…

Letter Re: 11-3/ 10GJ3793/ 11-937 Date of Letter April 21, 2011 Signed by: Tracy Doherty-McCormick, Assistant U.S. Attorney, Criminal Division's Child Exploitation and Obscenity Section (CEOS) (X) Andrew Peterson, Assistant U.S. Attorney, National Security and Terrorism Division Niel MacBride, U.S. Attorney, Eastern District of Virginia Subpoena 11-3/ 10GJ3793/ 11-1233 Date of Subpoena April 11, 2011 Grand Jury Appearance May 11, 2011 Requested by: Andrew Peterson, Assistant U.S. Attorney, National Security…

*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. In an 11 page legal rebuttal released on his* lawyer's Web site, Bradley Manning describes his experience under "maximum custody"…