Hacker Adrian Lamo was called to the stand by the prosecution to testify in the Pfc. Bradley Manning hearing today.
He took the stand just after a federal agent described his role as a confidential informant for the government. The testimony was some of the most exciting testimony thus far. Obviously, if not for Lamo, the government would have had a much harder time catching Manning.
Lamo entered the courtroom and walked up to the stand with one glove on his hand. He was carrying a glove in his other hand. Asked to raise his right hand so he could be sworn in, he removed the glove and raised it.
The prosecution asked if he was Adrian Lamo. “That is my name,” he answered.
Lamo described first coming in contact with the person who he eventually communicated with over IM as bradass87. He said he received a “series of emails,” one that could be tied to the1 10th Mountain Division (Manning’s unit). The emails were encrypted and suggested they communicate via AIM. And, later in the day, on May 20, bradass87 sent Lamo a message.
The chats were encrypted with a piece of software called OTR, “off the record.” Coombs asked Lamo why they were encrypted. Lamo answered: “I can only open-endedly speculate as to why people chat encrypted.” He asked about the nature of the question. Then, Lamo continued: “I value my privacy as a citizen and desire my communications to be private.”
Lamo described receiving a friend request from Facebook. He also received a login/password that would allow access to the Army online portal. Lamo declined to use the password because he says he thought it would be a crime.
How did Lamo know it was Manning who contacted him? “I know that based on photos, demographic information and extensive backs story on what’s known as the wall of the Facebook account that recounted biographical data unique to Bradley Manning,” Lamo stated.
Lamo claimed from May 20-26 while he was having the chats that there was no “encryption key change between the two parties” and he was communicating with someone using the same computer and same moniker.
It was Special Agent Tony Edwards who responded to initial reports of Manning’s actions. He came to Sacramento. Then, Lamo provided a 500 GB hard drive, a net book with a hard drive and two thumb drives of varying sizes.
Lamo was unable to state whom he gave materials to: “The number of people present and my lack of familiarity with the agencies in question makes it difficult to distinguish whom particularly I gave those materials to.”
Lamo claimed the chat logs were presented exactly as they were recorded.
Prosecution asked him about Jason Katz: “I am aware of the name and I am aware of certain circumstances regarding his life and times.” Lamo suggested he was informed by a chat network that there was an individual “engaged in a decryption effort to destroy video on behalf of WikiLeaks and that he was using federally funded lab resources.”
He was asked by prosecution if he had Asperger’s syndrome and he answered yes. He said it does not affect memory. In May 2010, he said he was “successfully treated and placed on a medication regiment that reduced the symptoms.” His condition now is consistent with his condition in May 2010, he claimed.
Finally, the prosecution asked if he had been a source for the media. “Yes I have,” he said. Why? “There is a necessity in certain circumstances to stay ahead” of a story “before it develops and takes on life of its own to ensure it remains correct.”
Lamo denied receiving other forms of reimbursement for his services to the government as a confidential informant.
The defense began cross-examination. He asked if Lamo was a convicted felon. He went over Lamo’s history as someone who committed a string of hacks against several large companies in 2000 and who then pled guilty in 2004 to computer fraud. Coombs had Lamo confirm that he had been placed under house arrest for six months and placed on probation for at least two years.
Continuing, Coombs had Lamo confirm that this was when he began to suffer from depression. It started as a result of over-medicating with prescription drugs. His parents called the police to report he was over-medicating on prescription drugs.
On April 2010, he was involuntarily institutionalized after he called the police. This was as a result of a “dispute over the possession of my medications.” He was placed on 72-hour psychiatric hold as is customary in the state of California. That was extended for a period of nine days. (Lamo said “voluntarily.)
He was discharged on May 7, 2010.
Coombs asked him about his work: “I do computer-related work and what could be consider odd jobs.” Not “full-time employment.”
“Did you receive an immunity agreement?” Coombs asked. He testified “no.”
What about for testimony? Coombs asked. The government made no promises for compensation for testimony today.
Are you here under your own desire and wishes? Lamo replied to Coombs, “I am here to ensure that the truth is presented.”
Coombs presented “Exhibit 19” at this time—the Manning/Lamo chat logs. It was 2:22 PM EST. The prosecution immediately called for a conference with IO Almanza. They returned shortly after.
*
Coombs continued to cross-examine the witness. Coombs noted it was Lamo’s idea that the person believed to be Manning and him chat on AOL Instant Messenger. They began chatting on May 20, 2010, and continued to chat until May 26.
At the time, he was living with his parents. Coombs elicited from Lamo that he had contacted Army authorities through an intermediary that he knew on May 21. Who was this person? Timothy Douglas Webster, a psychology student at UC Santa Barbara.
Coombs pressed him on choosing to contact Webster. You wanted someone who would handle this right and who was good at this sort of investigation, he asked. Lamo did not disagree.
The testimony diverted away from the chat logs momentarily as Coombs tried to suggest Lamo was going off and acting on behalf of law enforcement. He referenced an IM chat with Danny Clark from July 21, 2010. In the chats, he agreed that neither of them were going to share the logs. Yet, he went and shared the logs with law enforcement.
Pressed on this, Lamo said with his eyes blinking wildly it was not his intent to go to law enforcement when he talked with Danny Clark. He received no active direction with regards to anything WikiLeaks.
But, Coombs said law enforcement had told you to keep your ear to the ground. “They stated that if I observed any criminal wrongdoing or any evidence as such, the same as any citizen, I should report it.” Coombs didn’t accept that as an answer. He wanted a yes or a no. Lamo said yes.
Coombs wanted to know why he had been working with Special Agent Edwards. Lamo said he found it unusual an individual with a military computer had installed additional encrypted software. This led Coombs to ask him if he believed he should be allowed to use encryption and members of the military should not.
Coombs moved on to ask about specific sections of the chat logs. Lamo recognized the cover page. The court waited for a few minutes so Lamo could verify the document he was holding. [Coombs actually said look at it. I want you to know that what you are holding are the chat logs.]
Aside, this was when Manning could be seen in the court becoming very active and flipping his hands in a gesture.
“A reasonable person would conclude that these are logs between myself and an individual who on multiple occasions has been identified as Bradley Manning,” stated Lamo. Manning was still having a conversation with a member of the defense.
The following sections were read aloud and brought up in court. On page 8, “12:46:17 PM – “How long have you helped WikiLeaks?” Lines down, “Give me some bonafides, y’know, any specifics?” and further down “Anything unreleased?”
Here, you are trying to determine if he has any other items that he hasn’t released, asked Coombs. Yes, said Lamo.
On page 14, “Is there a Baghdad 2600 meeting?” Coombs asked if this was in reference to a hacker meeting. “Reference to a meeting of computer enthusiasts who include hackers,” Lamo corrected.
Page 15, “Stands to reason that you have at least three people who have infosec knowledge” — He was asking this question “out of concern for additional harm that might result from these actions,” Lamo claimed. Coombs wondered if he wanted to know if any others were working with Manning.
Continuing, page 25: “How long between leak and publication?” [reference to “Collateral Murder”]. Further down, “Uploaded where?” and “Submission where?”
Coombs asked if Lamo was asking questions in the chats that he knew the answer to already. He was trying to figure out how information was shared with WikiLeaks, wasn’t he? “I was not familiar with the organizational structure of those leaks and wanted to determine more about it,” Lamo responded.
“You knew how you could upload files?” Coombs asked.
“Every setting in which one would upload to a server can be customized and tailored,” Lamo replied.
You were asking to find out how he did it? Coombs asked. “Correct,” Lamo said.
Back to the chat logs, Coombs had Lamo read, “02:14:36 AM “So you have those stored now?” and “02:16:10 AM “So how would you deploy the cables if at all?” and
“02:18:04 AM “What’s your endgame plan then?” Coombs asked if he wanted Manning to provide statements that would incriminate him. Lamo said he was just doing what anyone in the networked world would do to find out what someone suspected of misconduct was doing.
From page 36, another line was read: “01:54:14 PM “is that how you get the cables out?” and on page 37 “01:56:36 PM “From a professional perspective, I am curious how the server was insecure.”
Pressed on this part of the logs, Lamo stated, “I am a curious individual.”
“A curious individual cooperating with law enforcement?” Coombs asked.
Stay tuned for Part Two of this report on Adrian Lamo’s testimony at the hearing.




23 Comments

It appears Lamo was heavily coached for testimony. His responses are robotic and incredibly polished, which is a serious departure from the demeanor I’ve observed in interviews (mostly from last year).
Great report, Kevin. This should be front-paged.
That would be a good Q for Coombs to ask Lamo: How many hours were you coached for your testimony and please name the individuals who did the coaching.
That statement is a point of law, not an answer to a question.
Now, depending on what previous deposition testimony of Lamo there is, asking this question in the actual trial is a big deal; it can impeach Lamo as a witness and wreck a ton of the prosecution’s case.
I also think that Lamo’s medication is admissible, as well as asking about illegal drug use. Looks like the contours are there to ask such in the trial.
Also, what was the form of persuasion used to induce you to accept the coaching?
I’ve often wondered just what specifically was done to substantiate the authenticity of these “chat logs.” Does anyone know of any detailed procedure, description, or argumentation for this rather critical point?
I.E., how much were you paid as a CI? Is that what you’re talking about? And the pay would include not only monetary, but also nonmonetary, like forgiveness of sins.
“a reasonable person would conclude …” but that is not a yes or no answer. are they the actual, unaltered and complete logs???
Thanks for this informative post. Probably “Tenth Mountain Battalion” was meant to read 10th Mountain Division.
No procedure, description, or argumentation was given because there is no such animal as “authentication” of “chat logs.” A ten-year-old geek can create one out of whole cloth and make it look “authentic.”
Ok
Along those lines, I’d like to see it asked if Lamo was contacted by law enforcement or any member of government during his involuntary/voluntary period of being committed.
I’ve got to go back through the blogs, but it was mentioned that Lamo was the informant on another case from the same period of time. Haven’t had a chance to look in to it, but I wasn’t previously aware of that. Seems to make him seem a bit more than an innocent hacker who happened upon something he just couldn’t live with.
Kevin,
This Witty Words game Lamo is trying to play with Coombs is too evident. The IO did order him to answer ONE question correctly.
Plus the mention of leaving the chat logs with someone because he did not know when he would return from meeting with the FEDS!
I can’t wait for the real trial now. This is gonna get extremely good. I sure hope somebody give me a fifth for Christmas. The Military is wearning no clothes now and soon so will Lamo.
Muwhaaaahaa! A Hacker of his stature running across something he could not live with? Pfftt!
Anonymous is a Hero then and should not have any repurcussions.
Can’t wait for that to be fleshed out.
…that could be tied to the Tenth Mountain Battalion (Manning’s unit.
A small nitpick, Kevin… That would be the 10th Mtn Division…
*heh* I should’ve read the comments first…!
If he has AS, he could easily be robotic in his answers. Also could have very concrete thinking, and could easily have been coached as he probably has some photographic memory.
There was a Wikileaks special on Current TV. I give it a “D”. It did display a few revelations. But it could have been produced in the Pentagon Public Affairs Dept. It focused on mainly irrelevant side issues. It ignored many of the most critical issues. Full Spectrum Dominance continues to win.
Coombs is a sharp lawyer. Besides the obvious clergy penitent privilege issue (I wouldn’t be surprised if all of the Army’s evidence ends up being thrown out as fruit of the poisonous tree)), I see Coombs is trying to pin down exactly when Lamo began working on behalf of Uncle Sam (as soon as the 21st of May perhaps since that’s when he contacted Webster). This is relevant because of The military’s supersized version of civilian Miranda rights, an Article 31(b) warning.
The Court of Military Appeals clarified this area in United States v. Duga, 10 M.J. 206 (C.M.A. 1981). In Duga, the court held that the Article 31(b) warnings are required if:
a. The questioner was acting in an official instead of a private capacity; and
b. the person being questioned perceived that the inquiry involved more than a casual conversation.
Now typically, an incriminating statement made to a confidential informant would qualify under “a.” but wouldn’t qualify under “b.” (since two criminal shooting the breeze is almost always a casual conversation). However, this wasn’t a casual conversation, it was an act of conscience with defendant confessing misdeeds (ethical if not legal) to an ordained minister.
Coombs could argue that even assuming for a moment the prosecution is correct that MRE 503 clergy penitent privilege does not apply to a case where an ordained minister induces a confession by a promise of confidentiality from a clearly distraught and troubled young man (“i cant believe what im confessing to you… im talking to you as someone who needs moral and emotional fucking support”), this was more than a casual conversation. An Article 31(b) warning should have been given once the prosecution induced the defendant’s confidential confessor to cross no man’s land to become the prosecution’s confidential informant.
The fact that this argument has never been made (or even contemplated) in the history of military jurisprudence simply underscores the point that, in the immortal words of the Army’s chief of chaplains:
Confidentiality is Absolute: NO STATED EXCEPTIONS
…Reveal info ONLY when:
written consent given AFTER the information is passed to the Chaplain/Asst.
http://fdlaction.firedoglake.com/2010/12/23/bradley-manning-and-the-convenient-memories-of-adrian-lamo/#comment-135599
This is exactly right and precisely why I have been saying the military Article 31 rights are actually measurably stronger and more prophylactic than even traditional 5th Amendment/Miranda rights. That said, if this is argued my guess is the government may claim that at that early point, Lamo was working either on his own or for other than DOD.
Lamo is quite the curious member of the hacker community. His testimony paints him as quite atypical among hackers. Unwilling to enter a computer system because it “might be illegal” to do so. Willing to talk to authorities at all, much less to the extent it appears that he did. The whole identifying Manning based on info from a Facebook user’s wall.
It’s just weird.
My speculation based just on gut instinct from reading Kevin’s account and a passing knowledge of the hacker community is that Lamo has some serious psychological issues, a drug abuse problem, an inability to hold down a full-time job, and one or more felonies he has committed under his belt related to the above. I’d further speculate that he jumped at the opportunity to be an informant to make his legal troubles go away, and that the authorities were looking for him to entrap ANYONE related to Wikileaks to have something to go after Julian Assange with.
This testimony makes me even question that Manning has anything at all to do with it. The lack of proof on Manning’s own computers, the only identifying info coming from Facebook of all places. And I agree Lamo does sound heavily coached.
The Army already looks like a bunch of blundering idiots. They should drop the charges and let Manning go, before the world finds out that they just picked a random gay guy to harass during the DADT era, by trumping up charges in a pathetic attempt to get at Assange.
Yeah, its interesting that the UMCJ does provide stronger legal protections in some areas than do civilian criminal justice system.
Frankly, I think this prosecution case is just snakebitten. Besides the clergy penitent privilege (reporter’s privilege is probably a dry hole but worth arguing), you have the speedy trial issue (120 day shot clock starts when pretrial confinement commences— end of May of 2010 presumably), the President’s command influence issue and of course Manning’s long confinement and torture by Marine guards, clearly a form of (Article 13) illegal pretrial punishment. Any of one of these are grounds for a judge to sink the case.
I have to say a big Thanks to you on that information. I’ve been struck by the fact that Lamo, A civilian is employed by the government to spy on military personnel. Your explaination above gives me more insight and now I know that my eyes popping out of the socket is a real story to be had.