Two witnesses called to testify have been deemed “unavailable” to give testimony by the presiding investigative officer of Pfc. Bradley Manning’s pre-trial hearing after invoking their rights under Article 31 of the US Code of Military Justice.
Both SFC Paul Adkins and WO-1 Kyle J. Balonek refused to give testimony. They did so under advice of legal counsel. They were able to escape providing information to the court despite the fact that David Coombs, a member of the defense, wholly objected and read off codes of military justice that are supposed to be followed during the hearing, which should have prevented the witnesses from invoking their rights under Article 31.
Article 31 basically states, “No person subject to this charge may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.” But, Coombs contended that Adkins could not invoke his rights because he is not involved in any criminal matters and he moved to have the IO grant Adkins immunity and then order him to testify.
Immediately after Adkins was allowed to leave the court without testifying, Balonek was called to testify over the phone. He, too, invoked his Article 31 rights, which Coombs objected to for reasons similar to why he objected to Adkins invoking his rights.
Neither objection was seen as reasonable by Almanza, who said after both objections: “I find that this witness is unavailable.”
Adkins’ significance in the case is that he was the highest-ranking officer who set the tone for what was acceptable and unacceptable in Manning’s unit. He also is one of the officers that was disciplined by the army for failures that put Manning in a position to leak information to WikiLeaks.
He received an email in April 2010 from Manning saying he was suffering from gender identity disorder, which included a picture of him dressed up as a woman. Adkins kept this to himself, which led Cpt. Steven Lim, a top intelligence officer in Manning’s unit, to counsel Adkins in writing in June 2010 for not informing him of Manning’s problems.
Lim was “shocked” Adkins didn’t share this information with the chain of command. Lim also was one of fifteen officers disciplined after an investigation into what happened with Manning. Lim was admonished in a letter marked March 3, 2011, which indicated Lim should have been aware that Adkins usurped his responsibilities when dealing with enlisted soldiers.
Lim found out Adkins didn’t share this information because he thought he was trying to handle it himself plus he thought the medical system would take its course. But, Lim admitted the right answer would have been to give the information to someone whose paygrade could make a decision about disciplining Manning.
Adkins conducted a counseling session on December 12, 2009, that led to an incident where Manning became emotional and shoved a chair and began yelling, “I don’t think so.” This was not acceptable behavior. Adkins wrote several memos on Manning’s emotional problems but they were not shared until after Manning’s arrest.
Furthermore, Coombs questioned Lim on Adkins’ training. Apparently in one hour, after 100 slides, Adkins was considered trained to keep the SCIF secure.
Process was violated. Manning should have been immediate removed from the secured compartmentalized information facility (SCIF) where he was working as an analyst and he should have been “derogged” meaning derogatory information should have been shared that would likely have led to Manning’s security clearance being revoked.
It is clear what is able to be brought out in court on Adkins’ role in what happened with Manning is critical to the case. What is less clear is how Balonek factors into the possible outcome. His name had not come up before today, though after he refused to testify his name was mentioned by Sgt. Chad Madaras, who served side-by-side with Manning as an analyst. Madaras testified Balonek would ask for support in finding Shi’a military targets in Iraq.
The defense has not called any witnesses yet. The hearing is still in the portion where the government calls witnesses. Because the defense has only had a handful of witnesses approved by Almanza, the prosecution witnesses are critical. It is in the defense’s interest to fight any prosecution witness’s efforts to invoke their Article 31 rights, especially if they are being invoked on dubious grounds.
The prosecution has up to this point called witnesses that can attest to the fact that the importance of information security is taught to junior intelligence analysts. The prosecution outlines the different aspects of the systems analysts work on in the SCIF, like SIPRnet or the Combined Data Network Exchange (CDNE), thoroughly and sometimes even extraneously. They ask whether any soldiers were ever to search for WikiLeaks, Julian Assange, Reykjavik, detainee assessment reports, CYDNE Iraq report, CYDNE Afghanistan reports, etc. The line of questioning is to show that under no circumstances should Manning have thought it was acceptable to take classified information and disclose it or put it on his personal computer.
The defense usually has tried to focus on the behavioral health issues and emotional problems Manning has had. Yet, when prosecution witnesses have been asked to comment on incidents they saw involving Manning, it has become common for the prosecution to object with the line of questioning. They claim behavioral health professionals will be taking the stand and testify on this aspect. And each time Almanza has gone along with the objections refusing to give Coombs latitude for questioning.



94 Comments

“The defense usually has tried to focus on the behavioral health issues and emotional problems Manning has had.”
This seems to indicate that the defense is assuming facts that Pvt Manning was indeed the person who broke with protocol. I feel very sad for the young man – had never heard of “gender identity disorder” but I would say he was really trying to get out of the convoluted system that pretends to be protecting us all. And if indeed he assisted Wikileaks, having been unable to take the avenues presented to him, we are all in his debt.
I’m a little hazy here, don’t know the legalities of a pre-trial vs. the actual trial, or the manner in which this very public occasion will fall short of the protocols of the Nuremburg trials. My prayers are with Pvt. Manning and his family.
Thank you, Kevin, for the updates.
I don’t recall “crazy gay soldier” being one of the defenses Coombs intended to present.
I’m certainly no expert on the law, let alone military law, but aren’t these sentencing arguments?
just a note of thanks for these reports. They are very clear.
Ugh, I get the feeling just from your postings to date that the result of this hearing, and in fact the entire fate of Manning, has already been determined.
I can’t remember but is the judge an officer or a civilian? I suppose it would be kind of hard for an officer in the military to find anything but Manning is guilty after their Commander in Chief has proclaimed him guilty. If the trial will be before a jury of military officers then I don’t see how they could find Manning anything other than guilty either. It almost seems like an officer finding Manning not guilty would be violating an implicit order from their CiC. Albeit technically an illegal order I would argue, but those seem to be non-existant in this brave new world of having basically a King with no constitutional rights whatsoever.
I sure do miss those things known as civil and constituional rights. Some of them would’ve come in handy here for Manning.
Obama said he is guilty. So that is that, just a matter of sentencing now.
I recently sued the USPS and I can tell you, our justice system is not just. The only hope I see for Manning, is if we elected a moral and ethical president who can pardon all those who have been wrongly convicted under Bush/Obama. That is those that have not already been killed without due process. Really…. if anyone expects justice in our system, you have not been paying attention.
Yeah, Obama proclaims him guilty when it’s Obama himself that’s guilty of multiple crimes (No way assinating American citizens without due process is legal. No way declaring war on Libya without Congress was legal. And of course the continued torture and warrentless wiretapping too).
Is this a great country or what???
Maybe Obama feels since he’s guilty he’s qualified to tell when someone is guilty.
Book Salon up with Robert H. Frank’s The Darwin Economy: Liberty, Competition, and the Common Good hosted by Mark Thoma
one positive way of looking at it is, the officers above him should have been more responsible for allowing or not allowing Bradley to have access to the stuff he is accused of leaking.
to put a positive slant on it, if officers above him had been doing their job, Bradley would not have even been there to have access to the documents.
I am a little shocked as well, it would certainly not be relevant in a civilian prelim, but I am told that, while not an everyday occurrence, mitigation can be argued, at least to some extent, in the Art 32 context.
When I read things like this, I often wonder who did such a good job of painting the U.S. as a great, fair, and just country. There is no such place. It was a brilliant marketing job though….
A military judge saying two military personnel are unaccountable? I see the chain of command is functioning smoothly as they seek to destroy this young man.
Haditha, Fallujah, Abu Gharib…what was the crime again?
As we see the dcck is stacked against Manning. This “trial” won’t even be a mockery of justice, it is a straight forward lynching and 0, with his “fierce advocacy” has judged Manning guilty. When do the 0bots recognize that he is not interested in justice, he just wants the 1% to be protected against whistleblowers.
Indeed, it’s off with the messenger’s head as usual. The murderers in the helicopter gun ship on the other hand…uh…well… we have to look forward.
And those on the ground who tried to rescue the wounded children must be guilty of aiding the enemy also. Perhaps they can be tried in absentia. Oh wait I guess they already have been executed.
What? Uh, honoring a person’s right to silence under the Fifth Amendment and the associated military construct, Article 31, is NOT “holding them unaccountable”. Jeebus, what an irrational statement.
First the execution, then the trial.
bmaz,please explain how the defense asking the IO to grant these two prosecution witnesses immunity and then compelling their testimony is irrational? Instead they just walk away? And BTW they both have already been investigated and punished so….
[my bold] The word “unaccountable” being used in an above comment is what bmaz is objecting to.
Those witnesses for the prosecution, being cross examined by the Defense (Coombs) invoked their right to silence (Article 31 -the military version of the Fifth Amendment).
In an earlier FDL Dissenter thread, commenter johndeconker @85 writes this:
As I said about this on the previous thread, for one it is not altogether clear that the IO can do that without the consent of command and the convening authority. Secondly, the defense does not get to decide who does and does not receive grants of immunity. You have no knowledge of the circumstances or facts underlying the situation but the tribunal does, and the statement that they have “already been investigated and punished” is clearly not completely accurate, or there would be no potential exposure on which the IO could honor the Article 31 invocation. And there is a provision in the UCMJ that is fairly punitive for wrongful invocation of Article 31 right to silence, but this one was made, and done so under advice of independent counsel for the witness and honored.
oh, there is bmaz.
My point was that the chain of command, by it’s very nature, obscures truth and forgives atrocity. This is especially true in cases of military sexual violence against women soldiers (which is not the case here.)
The real crimes were Fallujah, Abu Gharib, and Haditha. Mannings whole trial and conviction are meant to be a balm for these very real atrocities. It is interesting that so much is being made of his gender issues when the real crimes were Fallujah, Abu Gharib, and Haditha.
Thank you for the explanation. I’m just feeling that with the denial of so many of the defense witnesses for what seem IMHO to be kind of petty reasons, that the “un-bias” of the IO might be showing. As in a “show” trial.
No disrespect to you.
Yeah, sorry, as revolting as all that is, it is completely irrelevant to this criminal proceeding. Witnesses and defendants in criminal cases plead the 5th, and Art 31 in UCMJ proceedings, every day in every courtroom across the nation. That is simply how it works. It is an important right, and it is one that must be honored. You may find value in what Manning pretty evidently did (if Kim Zeiter’s report today is true, then it is confirmed), I find value too; however, that does NOT make Manning innocent, and he is NOT a “whistleblower” under the pertinent legal definition. People are wont to compare Manning to Dan Ellsberg, including Ellsberg himself. Personally, I find them very distinguishable, but that is neither here nor there. What these people wholly ignore is that Ellsberg also was guilty, and but not for prosecutorial misconduct, would just now be getting out of prison.
Your reasoning is absurd. Convicting someone for exposing a crime is antithetical to any system of justice, unless you are a Stalinist. Wartime atrocities cannot be forgiven so glibly by “an equivocater that could swear in both the scales against either scale,” as the Porter in Macbeth put it.
What is treason? Telling the truth, or hiding the truth behind a presumption of so called ‘military justice’?
This is a passionate load of rubbish. If you have the rule of law, you follow the law. The military has a valid basis for their rules and codes. If you blow the whistle, but are not under a formal whistleblower protection safe harbor, you may be admirable, but you do so at your peril. That is just the way it is. And, no, not all of what Manning is alleged to have leaked documented “atrocities”. In fact, if you total up all the documents, it is likely that only a very small percentage falls within that description. He indiscriminately dumped classified material. That is, indeed, a crime.
If you have the rule of law, you follow the law. The military has a valid basis for their rules and codes. If you blow the whistle, but are not under a formal whistleblower protection safe harbor, you may be admirable, but you do so at your peril. That is just the way it is. And, no, not all of what Manning is alleged to have leaked documented “atrocities”. In fact, if you total up all the documents, it is likely that only a very small percentage falls within that description. He indiscriminately dumped classified material. That is, indeed, a crime.
Cheery thought./s
Please tell me the valid basis for torture. Please tell me the valid basis for grabbing kids off the street, giving them retinal scans, and then sending them to their former home, now bombed and destroyed, to find the bloody shards that were their parents. Please tell me the valid basis for machine gunning a family in a van driving down the street and then expressing glee and accomplishment.
While pleading the fifth is certainly these peoples right, Manning has a right to Due Process as well, which involves the judge granting immunity to defense witnesses who make such pleas, if they are important to the defenses case. It’s hard to see how the testimony of these two individuals is not important to the defenses case.
Daniel Ellsberg said as much the other night on Olbermann about his own guilt and the prosecutorial misconduct.
Which is where his comparison lies as well since the case against Manning has been “poisoned” by the statements of the CinC Obama, and also by the mistreatment of Manning at Quantico. It is apparent that the charging documents are full of errors, and the infamous chat logs provided by Lamo also appear to have been tampered with. So in at least those aspects, they are somewhat similar.
I worked in a classified facility when I was in the service, and even back then, “security” of the materials and computers was more a product of wishful thinking than reality.
herein lies the problem
they were witnesses for the prosecution.
The secrets must be protected. The US Government carried out a war of aggression to plunder the resources of another country. Actually, the US Government is plundering the resources of the whole world.
I am guessing there are thousands of people who want to tell the truth about the war crimes. Bradley Manning is an example to prevent that. Torture and assassination will be employed against Americans.
Free Bradley Manning. Imprison the neo-con criminals. That might include Obama who has covered up the crimes.
I have no idea what those two witnesses have that may need immunity, but Coombs has placed that tid bit into the process.
It also appears that Manning shared with his superiors the video and questioned them on the difference of the two that was supposed to have been leaked by himself.
Also, it may appear that Coombs is not getting the results he intended, but I think Prosecution is really laying out their cards. I see that as a good thing for Defense. While we may never know what was said and shown during closed session, I’m sure Defense will have a good time with it. The classified but not, and top secret but not stuff is really hitting home in the courtroom right now. Add that to the Prosecution witness that was not favorable to Prosecution and you have a real funny show going on right now.
From my perspective Coombs trying to present the emotional state of Manning at the get go is causing more unveiling by Prosecution than would normally happen. If that is what Coombs is going for then he is brilliant! If not, then I hope he has enough sense to use what they are throwing out.
Agree 100% about the faux patina of government data security. Just tragically bad. What has been described at Manning’s forward base is stunningly bad, and that is not his doing. Doesn’t excuse what he apparently did, but it is stunningly inept. And why all the State cable trove was blithely accessible to any yahoo on SIPRNet is also an almost unanswerable question. I too strenuously object to Obama’s statement, that said, it is likely of no lasting consequence as there is little, if any, chance this case goes to trial. It has been about posturing for plea from the outset. And that is precisely why Coombs did not make any stink about all the delay in the start of formal proceedings; it inured very much to Manning’s benefit to let things cool down, stabilize and let the powers that be realize that the fallout damage was much less than claimed. Smart play. And these factors, and Manning’s mental state and the fact he was treated unfairly and inhumanely initially in his detention are all good mitigation on sentence, and I think will very much be front and center there. My opinion has long been that if you can keep the sentence to 10 years or less with credit for time served pre-sentence, it is a fantastic outcome.
Soooo! Sooper Dooper, Top Secret, Dangerous, Classified Info that may or not be the above is clearly shown to be available to any schmuck that walks by the computer stations, regardless of rank or clearance.
That is one charge against Manning that is now clearly placed into the trash bin.
What You Said!
He admits he did it. The rest of the charges are what need to be cleared up and I think Coombs is getting it thrown at him willingly right now.
Nope; still quite illegal to download and disseminate without authorization. And the government seems to have the forensic trail much more buttoned up than people have given them credit for.
Yeah, believe it or not, I think that while Coombs had to protect the record by objecting to the two witnesses taking the 5th/Article 31 silence rights, inside he is grinning a bit. Those are two people that he can now paint, to some extent anyway, in whatever light is most helpful to Manning’s defense. That is not necessarily a bad thing at all.
Not in a military court. The decision has already been made. Military courts in wartime function only to show how important the chain of command is, thereby justifying their own continued atrocities, and the weak rationalizations for them. This is not a court of justice.
You are telling that to the wrong person. I know it is very illegal. What I am getting at is that Prosecution witnesses have said they were not even sure it was classified.
Oh you are so kind. It is fantastic for war mongers. But this persecution and PROSECUTORIAL MISCONDUCT of Manning is an atrocity and another crime. Manning is a hero. You are a bummer.
THIS IS A KANGAROO COURT. Stop denying it.
This is a complete crock. The UCMJ is actually a very decent procedural forum as to protections of defendants’ rights in criminal proceedings and there is nothing significant here about “wartime” either. This has nothing to do with the law of war and military commissions and the like.
Remember Manning is charged with 24 or so crimes. Looks like they are giving Defense the results of said crimes wrapped up in a little bow.
But the real crimes must not be discussed, or even acknowledged.
My guess is that may be true of some items. Did you read the new Threat Level article I linked? It just posted, and if true, and my understanding has long been that there was pretty solid forensic backup, I think it is only the tip of the iceberg of what they have. And that alone is enough to cook Manning. No question but that any and all holes that can be punched in terms of “not all of it really was classified”, “most of it was barely classified at the lowest level”, and “every idiot in the camp had access to this crap” are all GREAT mitigation.
No, sorry I have not read that yet. I have been reviewing the live blog and notes from others at the trial. That is why I have been slapping my knees with laughter at Prosecution!
Those other crimes listed are falling apart before our eyes. Besides, when even sups were notified of many things and they were all disregarded it appears that the entire place from bottom to top is LAX!
I will read it, but I gotta tell ya right now I am not having faith in military forensics. I’d also like to have comparison of video sent out from Manning and what Lamo had on his machine.
That forensic expert is going to have to explain how a laptop that Manning said had a hard drive that was zero-filled gave the expert all the information he claimed he found on Manning’s laptop. He or someone is going to have to explain the chain of custody of that laptop. And someone is going to have to explain how a forward operating base with such lax data security practices can guarantee that Manning was the only one who had access to his laptop.
Or have a I missed the part where Coombs concedes that Manning did indeed transmit files to Wikileaks?
The timeline I would like to see shows (1) the date at which the Collateral Damage video material was available to the forward operating base, (2) Manning’s email to his superior, and (3) the date that he allegedly searched for Wikileaks.
Okay, Bmaz.
I read it. I have several opinions about it. First, it is being presented by Wired. They had several articles a few weeks ago with info in it that not even close Manning followers had and I am not sure Coombs had.
after the Wired and Lamo connection was made public I have an aversion to Wired. However, the reporter/journalist on this article seems to be a trusted source. This first paragraph seem misleading to me:
Manning’s job and his computer were to have access to those documents. His job performance, if I am not mistaken relied on those cables and other items.
Coombs has not stated Manning did it. Manning said so himself in chat logs, that is if Lamo can be examined in witness seat. Also, solid proof that Lamo chat logs were not tampered with and the person on the chat ACTUALLY WAS Manning.
Nope, not yet; you have not missed it! But, that said, it is almost certainly coming.
There has now been note of two different versions of leaked video. We need to have more info/facts on those as well.
I also find it strange that an active Military IO is not presiding and a DOJ employee is allowed to continue after Defense request for recusal. Something is not right and the DOJ is making a huge mistake with this move because going forward it will cause a bad precedence for Military trials.
The only computer with a chain of custody connected to Manning, as I understand the evidence thus far, is the one at his aunt’s house. The Wired article said that matching chat logs were found on Lamo’s and Manning’s computers. Which of Manning’s computers was it found on? I read it as the one from the forward operations base.
And one thing that keeps coming back to prominence almost like the elephant in the room is how does the military’s Don’t Ask Don’t Tell policy play into this story.
That could play out several different ways from blackmail, to scapegoating, to a botched attempt to get out of the military (either before or after seeing the Collateral Damage footage). What is clear so far is that Bradley Manning himself has not been able to speak to any of this…and might not be able to for years, if ever.
It is Assange’s and Wikeleaks’s position that has cast the aura of “hero” or “traitor” on Manning, depending on your point of view. The battle of frames is between the US Military and Wikileaks.
Also, Coombs should press for reasons as to why his witnesses were denied. That should be documented.
That raises the question of what is the path of judicial review given this strange appointment. What division of DOJ is the IO associated with? Might it be one with responsibilities for prosecuting cases of espionage by civilians? One that might ease the transition from a Manning plea to an Assange case? bmaz, your thoughts.
TWOOPH!
That is why I singled out the first paragraph in the article Bmaz linked for us. It specifically says, “work” computer. Mannings WORK depended on that information and I have to ask the questions. If I were Defense, I would certainly question that and ask what exactly would be legal on an army computer used for Intelligence Analysis.
Seriously! The whole thing so far has been a Jackie Gleason comedy.
Agreed, however…
This is a PRE-Trial hearing. I would think that the military would push against this DOJ employee. Something is very wrong with this situation.
This whole sham of a (pre)trial looks more like Cardassian justice than American justice. http://www.youtube.com/watch?v=spWamB1sr5k
It certainly has blurred the lines between Military and DOJ!
Who’s on First.
What’s on Second.
And DOJ is in the Army!
It has already been taken on an interlocutory basis to the Military Court of Appeals and been denied. As to Almanza, no he is a legislative and policy wonk with DOJ’s Child Exploitation and Obscenity Section. That said, I do think it bad optics to have appointed anyone affiliated with DOJ, but it is extremely unlikely to constitute basis for any relief.
Captain KANGAROO is with the “Office of Legal Policy”. He is one of the PRIMARY policy advisors. Who could have anticipated that? Maybe he advised “Fast and Furious”. He is both judge and prosecutor, same as the Justice of the Soviet Gulags.
It’s just infuriating that actual war criminals like Cheney and Bush get off scott free, while Manning has been rotting in jail indefinitely and they have to bring up “He kicked a chair! He was out of control!”
This is something, but justice it isn’t.
Please don’t forget Rove. We can’t leave him out of anything because in my eyes he is, “fair game”!
I apologize. It is Lt. Col. Kangaroo. and he won an award. There might be some irony considering the Hate Crimes committed by the Neo-cons and the wars that violate intenational law. Fortunately, if there is an attack by pornography, this boot licker colonel is ready.
But we still need to understand why he is allowed to be in a military court now while employed at DOJ. I can’t understand it and do not understand why any Real true blooded Military officers would allow it.
Don’t Crush That Dwarf, Hand Me the Pliers! Firesign Theater
There are two things that I see in that profile. Experience with internet cases and experience in legal issues involving hate crimes against LGBT individuals. Both of those have been raised by the prosecution as germane in this case. It doesn’t look like the technology or behavioral expert witnesses will be bullshitting Lt. Col. Almanza. Information classification folks might be a different matter.
So whatever conclusions he comes to will not be for lack of background in the two key areas of dispute in this proceeding.
The zero-fill claim in the chat logs is particularly interesting in light of the Wired article. At least the Wired article noted that Manning said that his computer was zero-filled. I want to know more about this.
Well, Prosecution has already blown it on the Security part of Mannings charges. If the IO specializes in the computer stuff he already sees this.
Almanza is Army Reserve JAG and, from the reports I hear, has very solid experience as an investigating officer on complex Article 32 cases and likely has the appropriate security clearances needed to deal with different types and levels of classified evidence. Very few regular JAG IOs have all that.
IIRC, IO Almanza was involved in child exploitation at DOJ.
I am not a techie, but here is the first on a search:
http://pcguide.com/ref/hdd/geom/formatUtilities-c.html
Thanks for that info. Still would the Military not immediately give clearance to an active JAG as needed?
Since this is Pre-Trial, I would think JAG would be first in line. Not DOJ.
“involved in child exploitation” or “involved in prosecuting child exploitation cases”?
If he is reserves, he currently is considered as good as active. At least that has been the case for sending infantry.
Involved at the part of DOJ that handles child exploitation. Seriously, I hope he wasn’t involved in the exploitation himself. Heh.
I think I need a virus scan after clicking on that link.
Simple explanation. Drives store information as magnetized ares (1′s) or de-magnetized (0′s). To write all zeros is to effectively demagnetize the disk without removing the formatting. It is essentially a blank disk.
I hope that was a joke. Seriously?
So…there’s nothing left on the computer to find?
Thanks. Maybe. I just don’t feel that. The Military has had an entire year to prepare for this Pre-Trial hearing. In fact, they first stated Feb. of this year and then walked that back waiting for a new seating of Courts of Marshalls in October.
Seriously. Don’t think I caught anything, but some seriously dodgy windows popped up.
I should probably go back and review Marcy’s Timeline. I am getting fuzzy on the dates, but I do remember at least two probable pre-trial dates coming out of the military.
Yikes! Sorry about that. I didn’t see any windows, but I have pop-ups blocked on my machine.
I hope the Justice Dept., do I still call it “Justice” or Mafia Dept? I hope those people fight sexual exploitation of children. But if it is “classified”, then it must be concealed. The Whole Of Government must protect our glorious victories, past, present and future.
But this is so paradoxical. Wikileaks revealed the child rape. Otherwise Col. Kangaroo is in a paradox. If he prosecutes DynCorp, he admits the US Government pays for child rape. But that produces war defeatism. We could lose the war in Afghanistan because of Private Manning. It is so hard to be a bureaucrat.
In principle. But no doubt there are some residue patterns that might be detectable by forensics with a lot of signal processing algorithms. The drive heads don’t track exactly over the same spot every time. Like most stuff, there is some randomness left in the way the drive works. But it is considered good enough for security work apparently. So the assertion that he zeroed the drive and the finding that the chat logs were still there means either that (1) the drive was not zeroed or (2) there were backups that were not zeroed.
Clean your history and cookies tonight!
ICYMI:
Please watch the video.
http://www.rawstory.com/rs/2011/12/18/activist-dan-choi-u-s-is-on-trial-not-bradley-manning/
bmaz, would you please care to re-evaluate and retract your statement “He indiscriminately dumped classified material.” I thought that you believed in the concept “innocent until proven guilty.” Sounds like you are mimicking “O” with that kind of statement. Are you now presuming his guilt?