Ashden Fein delivered the closing argument for the government and began by stating Pfc. Bradley Manning was a US Army intelligence analyst the Army trained and trusted to use intelligence systems. He “used that training to defy our trust to indiscriminately and systematically harm us.” He “abused our trust” and mined as much as information from SIPRnet while using the WikiLeaks “most wanted list” as a “guiding light.” And, he added, Manning “continued to harvest the information knowing it would be released and accessible to enemies.”
He proceeded to remind Investigative Officer Paul Almanza of his job, that he is to inquire into the truth of the charges, the disposition of the charges and must do so fairly and impartially. (Of course, he need not remind Almanza of this fact because the government need not worry about a reservist with a military justice background going up against them too much.)
Fein proceeded to mention the “evidence is overwhelming.” Three hundred thousand pages of evidence have been submitted, including a minute-by-minute record of Manning’s searches, dates and times of burned CDs, when the information on those CDs were transferred to Manning’s personal MacBook, and chat logs between Manning and an account associated with Julian Assange that include discussion of classified material and uploads to WikiLeaks.
The charges against Manning were summarized: introducing unauthorized software on his computer, illegally harvesting classified information and unlawfully transferring classified information. According to Fein, Manning “wantonly caused the information to be leaked on the Internet.” And ultimately this is how he “aided the enemy.” [This “enemy” was not further defined until the end of the closing argument.]
Background on Manning, forensic evidence and how the evidence provided justification for each of the charges was how Fein organized the rest of the argument. He said Manning was a “trained all-source analyst,” trained to process “multiple sources of intelligence from all disciplines.” He was trained to predict what would be useful in making decisions at tactical levels. And he was trained to practice and evaluate threats against the United States.
Manning had to have a top security clearance and a “high GT” to access the information he is accused of releasing. He signed seven NDAs or associated related documents. Violating these agreements, Fein said, carried a penalty of criminal punishment. And, he took multiple classes on operation security, information security and knew full well “unauthorized disclosure” could be “expected to cause damage to national security.”
Fein cited a PowerPoint presentation Manning had to give under corrective training at one point in his military career. On June 13, 2008, he presented this PowerPoint, which talked about the importance of protecting public and military assets, along with location information, individual information, official information, methods, equipment, capabilities and vulnerabilities of the military. He knew intelligence analysts are to protect the information from rivals, enemies, NGOs or “anyone else” and to avoid public conversations, posting information or talking to journalists, which could risk releasing classified information.
Manning deployed in Iraq in October 2009 to FOB Hammer. He was on the Shia team and worked during the night shift. His job was to focus on the Iraqi elections and daily IED counter measures.
It was at this point that Fein began to present the key pieces of forensic evidence the government has to prosecute Manning. On November 28, 2009, according to Intel Link (a kind of Google-like search engine for analysts), Manning looked for “retention of interrogation videos.” Fein stated, there is “no legitimate purpose for searching through the CIA retention of interrogation videos.” And WikiLeaks “most wanted” list had “called for information” on CIA interrogations.
On December 2009, he began to search for WikiLeaks. The chat logs released to Wired, Fein claimed, contain “multiple admissions to charged misconduct.” He began to burn the information on to CDs as early as February 15, 2010.
Fein characterized the Apache helicopter video and described it as depicting “an air weapons team providing” aerial support and the way such a team engages “suspected actors.”
On March 22, 2010, he looked at Iraq “rules of engagement” documents, and on April 5, 2010, WikiLeaks released the video. On May 22, 2010, he admitted in an email to Eric Schmiedl that he leaked the video. He also admitted later in chats with Lamo. He “compromised Apache video” and “provided editorial comment.”
Additionally, the video was closely held on SIPRnet and Manning believed it to be secret by placing a “secret” sticker on a CD containing the video. So, even though it was technically unclassified, Manning knew what he was doing was wrong.
In terms of the CDNE Iraq and Afghanistan databases (what the world now refers to as the Iraq and Afghanistan war logs), Fein explained these are operation reports on the Iraq and Afghanistan theaters of war. They were used for intelligence preparation of the battlefield and for us to do “predictive analysis.” Manning knew the reports contained unit names, call names, coalition tactics and reactions to IEDs, techniques for reacting to indirect fire and Medevac procedures.
These logs were found on an SD card. He even provided instructions to WikiLeaks that they “might need to sit on the information and protect the source.” The documents were “properly classified.”
Both databases – nearly 500,000 reports – were later released by WikiLeaks. They were “properly classified.”
Fein said Manning accessed Intellipedia and began to “steal and convert” the JTF GTMO detainee assessment reports for personal use on December 8, 2009. He said Manning attempted to download the entire website on March 5, 2010, but could not complete that operation. He began transferring files to a CD on March 8 and returned to his bedroom to transfer the documents to Assange and WikiLeaks, according to the government. He used WGET, a command line utility that can be used to download many files from a web server at once. This is why he is charged with “adding unauthorized software to an information system.”
Manning is also charged with transferring a Granai air strike video showing what is known as the Farah incident to WikiLeaks. He apparently accessed hundreds of documents and a video. That video, based on forensic evidence presented by a CCIU agent, was uploaded to WikiLeaks.org in four parts; however, it is unclear if Manning sent a video of the air strike or a video of a flyover of the area where the strike happened. Jason Katz received a “copy” of the video and tried to crack the password. It required a CENTCOM password. WikiLeaks tweeted it had possession in late November.
On the State Department cables, the Netcentric Diplomacy database, Fein said Manning used “working hours” over a period of ten days to “harvest” this information to WikiLeaks. The “cost” to maintain this information is “2 million dollars.” He put sources and human activists at risk of incarceration and death and revealed diplomacy methods. And he introduced WGET to his computer again.
Manning began downloading on May 3 and was prepared to send over cables from March, April and May but a file he put them in was corrupted.
Reykjavik 13 was a single cable that Manning transferred when he returned from “R&R” on Feb 14, 2010. He started searching Intel Link for Iceland, because, “Julian Assange was using that as a base of operations.”
Finally, on December 1, 2009, he searched Intel Link for the first time for WikiLeaks and found an Army Intelligence report on WikiLeaks. He handed it over to WikiLeaks and the document was published by WikiLeaks on March 15, 2010.
And, Manning also is alleged to have used an information system in an authorized manner to download and transfer a global list of email addresses of individuals in the military. On May 7, 2010, after he “assaulted” Jihrleah Showman, a fellow soldier he was serving with in the Brigade S2, he was transferred to the supply room. He lost his access to SIPRnet. He tried to use a computer in the supply room to send a global address list to WikiLeaks.
Manning did a “six month-long enterprise of indiscriminately harvesting information,” Capt. Ashden Fein stated in the prosecution’s closing argument that Manning had actual knowledge that what he gave to WikiLeaks would end up in the hands of the enemy and that enemy was Al Qaeda, Al Qaeda in the Arabian Peninsula (AQAP) and similar enemies.
An Al Qaeda propaganda video was shown. The video, with subtitles, featured a figurehead of the organization discussing the released information, like the State Department cables. The figurehead said the cables revealed “foreign dependencies.” He said something about relying on Allah for actions against the United States and then said before taking actions jihadists should rely on the “wide range of resources on the Internet” now.
Fein asserted that AQAP is “urging followers to collect and archive WikiLeaks information.” Manning “knowingly gave intelligence through WikiLeaks to the enemy.” He “wantonly caused the release of this information.” It was “not just good for declared enemies” but also accessible to “all other enemies with Internet access.”
He concluded Manning released over 700,000 documents that were on SIPRnet “during a time of war and while deployed.” He was “never authorized to make classification decisions to affect the national security of the United States.” He was given “unfettered access” to the information and “multiple enemies received” this information.




68 Comments

Is Fein arguing that the behavior of this air support crew conformed to the rules of engagement? We know from an article by one of the soldiers on the ground that one officer had ordered indiscriminate killing at the least sign of a threat. And we know from the Collateral Murder video that the gunner was looking for an excuse to kill the driver of the van. Is Fein admitting that war crimes were US government policy?
Great appearance this morning on Democracy Now, Kevin.
Now where could that have been produced? Langley, Virginia perhaps?
Not quite. Here is the distinction. The commission of war crimes is not official US government pliciy, but if war crimes are committed, the US reserves the right to prosecute anyone who dares to bring those war crimes to light.
OT, but funny. Occupy Delaware getting in the face of US Senator Chris Coons.
Coons:
So does this one unclassified technically item remove ONE of the charges?
Also, why no explaination as to why all these items Manning released were not directly pertaining to BIN LADEN and his crew of Al Queada? Pardon the outrage, but really if they are going to hammer Manning with this they must explain why the items released were not related to the supposed war on terror. Am I wrong in my thinking that the reason Manning released the stuff was because it was a crime and not related to the supposed war to get Osama?
We know that the Collateral Murder incident portrayed in the Apache video involved at least four violations of Humanitarian Law, the law which governs behavior during wars. The first violation was the slaughter of civilians. The second was running over dead bodies (desecration of the dead). The third was killing incapacitated wounded persons. The fourth was killing the Good Samaritan who came to bring the wounded man to a hospital, and wounding his two children. A possible fifth violation was the wanton murder of families in an apartment building shown at the end of the longer video, using two missiles from the same Apache helicopter.
The access provided to American citizens to the knowledge of these American war crimes could not have been provided by any other means than through government records. The fact that these crimes were classified proves that they were kept secret because they were crimes.
“He said Manning was a “trained all-source analyst,” trained to process “multiple sources of intelligence from all disciplines.” He was trained to predict what would be useful in making decisions at tactical levels. And he was trained to practice and evaluate threats against the United States.”
versus
“Fein stated, there is “no legitimate purpose for searching through the CIA retention of interrogation videos.””
???
Manning’s crime is that he broke ranks by violating the cardinal rule of violent, undemocratic control addicts: “Don’t let them see us. Don’t tell them what we are doing.”
“What a country!” –Yakov Smirnoff
The soldiers in Iraq were never told that Osama was in that country, so the mission there was not to “get Osama.” They all knew that Osama was in a cave in Afghanistan connected to a dialysis unit.
Shorter Coons – “People tell me I suck ALL the time. It’s not surprising to me anymore. I spend all day sucking.”
The military attempts to put the kibosh on moral concerns trumping following orders: “Fein characterized the Apache helicopter video and described it as depicting “an air weapons team providing” aerial support and the way such a team engages “suspected actors.””
Nice appearance on democracynow this morning, Kevin. Permalink not yet up.
Good post. This information will be useful at The Hague.
The threat to America exposed by this phoney baloney trial is the arbitrary abuse of power by our government and the government’s attempt to mystify the whole retaliatory punishment of this young man by calling it “observing the legal code”.
When the Russians did this shit we called it running a kangaroo court. Welcome to Soviet America!
Hear-Hear!
If they had killed actual terror suspects of the Bin Laden type they would be showing the world. Otherwise, it was classified secret because as you said it IS A CRIME!
Kevin’s the man.
You are referring to the Carlyle Group, correct?
“Is Fein admitting that war crimes were US government policy?”
I think Fein is atempting suggest that what was in the video does not amount to a war crime and therefore an argument that Manning might have been putting moral considerations over his responsibility to follow orders is invalid.
Yes, and Halliburton and Oil Corps, and Raytheon, and Northrup G, and, and, and…
You know it!
I am going to post my appearance in a separate post when they send me the embed code or link.
It certainly appears that way. That’s why I asked the reasons there were no explainations on what was released not being related to the Terror of Bin Laden!
What did the Jack Nicholson guy say ” You can’t handle the Truth”
I guess that’s why we let them hide it.
For who ,for what do we ,as a country, do this for ?
The torture, the murder and the Treason WHY ?
Indeed.
And if “Capt. Ashden Fein stated in the prosecution’s closing argument that Manning had actual knowledge that what he gave to WikiLeaks would end up in the hands of the enemy and that enemy was Al Qaeda, Al Qaeda in the Arabian Peninsula (AQAP) and similar enemies,” then why–at least as far as we can tell from what Gosztola has related here–is the military’s best proof of this an after-the-fact AQ propaganda video? This hardly demonstrates what they are suggesting and in no way establishes a cause and effect relationship. However, it does push emotional buttons by hauling out the boogeyman (the audience recoils in fear and hatred at the visage of Emmanual Goldstein).
There is no malice aforethought by Manning in attempting to aid the enemy, unless one considers the enemy to public opinion and democracy. There is a real issue of moral considerations here, and the military needs to get around that so they insist that Manning deliberately helped kill Americans. In other words, the immorality of killing Americans trumps the immorality of US war crimes. This has been the US modus operandi since 9/11.
It i snot who you kill, it is who is doing the killing that decides if it is a crime.:)
Democracy Now! segment this morning
FYI – The Occupy live blog will be returning Monday after Christmas. I will be switching gears away from Bradley Manning/WikiLeaks and back to Occupy.
Fein’s weasel words and maneuverings are not a way to my heart. Here’s today’s package delivery of a portion of the financial back story to which this whole bunch of folks is responding as they know they are up above their eyeballs in kimchee:
“Trustee to Seize and Liquidate Even the Stored Customer Gold and Silver Bullion From MF Global” (Jesse’s Café Américain, Dec. 17, 2011)
“Guess Where a Big Chunk of MF Global Customer Money Just Turned Up? At JPM London” (Jesse’s Café Américain, Dec. 20, 2011)
“‘Occupy London’ occupies 4th site” (PressTV.Com, Dec. 20, 2011)
“JP Morgan’s ‘Suspicious Involvement’ in the Collapse of MF Global” (Business Insider, Dec. 21, 2011)
Note the Twitter hashtag, #BoycottJPM.
“[KR226] Keiser Report: Capitalism Without Capital?” (MaxKeiser.Com, Dec. 23, 2011)
#OLSX just held their “The Complete Bankers Minifest at Occupy London” and right now the live stream is dissecting the public policy side of the state-sponsored narco-trafficking business.
Has there been previous groundwork to support this:
“…when the information on those CDs were transferred to Manning’s personal MacBook, and chat logs between Manning and an account associated with Julian Assange that include discussion of classified material and uploads to WikiLeaks.”?
They have 300,000 pages of evidence against him…yet it took 19 months to bring him to (pre)trial?
This government and it’s corporate owners are pathetic. They deserve what is coming for them.
Ghost has been sharing certain videos with us for quiet some time. He is right on the money, er policy, um war, uh all of that. I’d like to add another one in regards to war/money/banks/politicians, and the current North Korea happenings. It is especially close to me as my father was in the Navy during the Korean war and spent the largest part of his life afterwards in pain for killing innocent people.
http://www.youtube.com/watch?NR=1&v=-tOHP4BoflI&feature=endscreen
Criminal behavior by the US military is SOP, from the top down. I had intended to work with returning vets in a rehabilitative setting (I’m in mental health rehabilitation), at a large VA hospital (TOGUS-Maine) and in community settings. Once I saw that video I was so disgusted, that I shelved that intention. Those “professional volunteer soldiers” are sick bastards, living out their blood lust. They have lost my respect and support until the US military admits its crimes and starts rehabilitating, and/or imprisoning its criminals–from the top down.
Good one, Wendy.
Is that not about the time that Assange’s partner left and decided to take some stuff with him?
Awesome but the pre-trial hearing was very important to cover and everybody team tagged that quite well. Meanwhile, I like the #Occupy Archive button that is now on the website front page so one can get to the immense amount of material amassed with the click of a single button.
Please, I beg of you! Don’t give up on them. I’m telling you they are brainwashed when they are prepared for war. They do not know and have no ability to clear their minds enough to focus because they are dropped into fire zones!
I’m serious. This is not something that young boys joining the military are prone to. It is done by strict conditioning!
Also, I’d like to add that Occupy has been helping vets to keep their homes from being foreclosed on, and helping vets that are now homeless.
And again, the reason those newly home Iraq war vets are being sent right back out to Afghanistan is due to not having to “condition” other recruits immediately.
“the video was closely held on SIPRnet”
I guess it was classified as Official War Porn for viewing by the elites in the White House and Pentagon along with the Abu Ghraib and Gitmo videos. Which they all probably jacked off to. Closely held indeed.
WHOOP!
You got it going! SCOOP ZOOM, MzChief! Scoop Zoom!
No,no. It was kept so that MIC, Carlyle, Halliburton, Raytheon, Northrup, GE, and others can watch and crow over.
Bankers and spies are two sides of the same One Percent Coin. Bin Laden (the rogue Bin Laden) banked at BCCI. That was also the CIA’s bank and that is where Robert Gates transferred money for drugs and weapons during Iran-Contra.
Of course the “Hedge Fund” managers of the Carlyle group included Bushies and Bin Ladens.
And the CIA also shared the Riggs Bank with other members of the Bin Ladens and the Allbrittons. The Allbrittons also assisted the “enemy Al Qaeda”.
The Thirty or Forty US Government Spy Agencies are now at war against the American people. It is a massive COINTELPRO Operation to suppress freedom and the Constitution. The secrets keep increasing as does the power of this criminal US Stasi. The Manning Trial potentially could rip apart the secrecy curtain protecting the many war criminals. There will be bankers among them.
They don’t see humans, they see copters, guns, bombs, and all kinds of military hardware. That is how they make their money and investments.
So now you know why the big Corporations no longer operate in the US! They are in their little safety zone for the minute and know that they will still profit as long as we keep buying their crap. You have to go Pioneer and Transition Town and completely get off their consumer train to death.
Wish I knew, PeasantParty. DumbShit-Berg has shown his colors, though.
All the chats held by Wired…it’s just so malicious and intentionally damning, IMO.
The prosecution presented forensic evidence to support this. Not sure if Julian Assange was on the other end but it looks like an account belonging to Assange had information transferred to it.
How do you know the prosecution didn’t make up the forensic evidence. I’m a computer moron but I hear it’s pretty easy to fake up accounts, transfers and links. Was Manning team able to cross examine prosecution’s forensic experts; does Manning team have computer experts of their own who could independently examine the evidence; were they allowed to do so.
Great Question!
I’m still thinking that the guy that was partners with Assange and left with some documents is involved somehow in this.
Kangaroo court. And this is exactly how Julian Assange would be treated if ever extradited to the U.S., as well as what charge would be leveled against him, that he provided assistance to al Qaeda.
Provided assistance to al Qaeda?
No, the Bush administration provided assistance to al Qaeda by diverting our military from Afghanistan and launching an illegal war on Iraq, a war based on lies, a war ill-conceived and ill-executed, a war that opened up Iraq to al Qaeda (and Iranian Hezbollah agents), a war costing hundreds of thousands of lives and displacing millions of Iraqis, a war eventually costing the United States trillions of dollars, a war that has left 1.3 million Iraqi children orphaned (making them a prime recruitment target by al Qaeda).
Furthermore, Republicans in the Bush administration provided assistance to our enemies, not just al Qaeda, by blowing the cover of covert CIA agent Valerie Plame Wilson (during a time of war!!!). She was a career CIA officer who specialized in counter-proliferation of WMD, including keeping nuclear weapons out of the hands of our nation’s enemies, like al Qaeda. This is probably why the Republicans in the Bush administration buried the CIA’s after-incident damage assessment report, a report required anytime there has been a breach of national security, one conducted to assess the damage done. The report was too damning, thus it became MIA.
So, when are all the Republicans in the previous Bush administration going to be charged with providing assistance to our enemies? They compromised our national security over and over again. They leaked highly-classified information to the press. And they are still running loose, still plotting against America.
Re Sascha Meinrath and Occupy DC (my bold):
(excerpt from “U.S.-Funded Internet Liberation Project Finds Perfect Test Site: Occupy D.C.,” by Ryan Singel, Dec. 15, 2011)
Read the comments on the post as well. Commenter K5KTF is right.
Also,
{ snip }
(excerpt from “New America Foundation,” SourceWatch.Org, accessed Dec. 23, 2011)
eCHAN,
I’m sure they’ll have whatever experts they need when the trial begins.
Would someone with more brain power than me please write a summary of the whole Atr 32?
The New America Foundation is the edgy, hip war monger Dee Cee Shill Think Tank. These neo-cons are sponsored by the Usual Suspects, the .01 Percent.
Thanks, Kevin. It seemed there must have been prior evidence since the mention was almost casual.
Are you familiar with the Manning team, then?
I ask bc it seems difficult to get much information on them.
OT– On eviction watch right now:
The live stream and Twitter thread can be accessed here.
I especially liked this comment:
However, they are placing that hope into the wrong hands. There is another man I read about that is working on a new internet WITHOUT government money and support.
Geeze! That looks like the run-down on the new and improved PBS contributors.
It seems like the defense is conceding that Manning was responsible for the leak, although we won’t know for sure unless or until the trial begins. That said, DDB is a snake and it wouldn’t surprise me at all if evidence was manipulated through him for the USG and his CIA-tied wife.
Thanks, mzchief! I’m pretty much of a Luddite, but the man who set up the site at which I cross-post is brilliant. I’d asked him recently if he might think about a diary explaining the ways to get around internet shutdowns.
He seems to be in the wind just now, but I’ll send that to him to see whan he gets back.
You will be proud of me when you hear that I’ve almost learned what a SmartPhone is. ;o)
Yep.
Which is another issue that I am trying to keep up with, that seeayeA one. Lots of them are ready to dissent as well.
dawG, it continues to be whack-a-mole. The “audit control fraud” is really old.
As an Engineer, you could imagine some things that would help with the people that are working outside of government support, right?
707!
http://www.youtube.com/watch?v=jVlvBGWGUzU
YW and he’ll love it. There’s a bit of irony in the re-emergence of the importance of that radio frequency technology but I am pretty sure I posted the link for how to do it with cat toys called lasers (it could also be an RF-laser hybrid MESH). Hmmm … more research.
I said that wrong!
What I meant to say is:
Would an Engineer not be able to see these things and work to help bring connections to the people that is not under supervision of the PBS contributors and such?
LOL! YaWeh? Meshuggenah? Laser cats like the snl sketch?
Seriously, he just surfaced at the site and I done give it to him. Thanks.
eChan, I am not familiar with the Pfc Manning team
My take on the Article 32 is that the prosecution must present all the evidence they want use in the coming Court Marshal in the Article 32. Coombs did not. I suspect he has the right to bring in more witnesses in to the court marshal.
This just came in from some newsletter called ‘Nation of Change’. Wonder if
Emptywheel’s seen ? I am so jammed; can’t even look now. It deserves a major diary.
Shoot; if I have time. I’ll try to throw something together later. Fuck Barack Obama (Just joshin’, Mister. FBI…don’t have time to disappear…)
http://www.nationofchange.org/president-obama-requested-removal-indefinite-military-detention-exemptions-us-citizens-1324653317
Ecahn,
Here is the wiki link for Article 32. There is also a Court of Appeal for the Military.
http://en.wikipedia.org/wiki/Article_32_hearing
I didn’t see anywhere that it said that Defense could not bring witnesses to pre-trial or other witnesses to C.M. I think the current IO has made some huge mistakes, but my thoughts don’t count in the scheme of things.
Awesome! LOL.
Admission of Guilt:
http://www.guardian.co.uk/commentisfree/2011/dec/22/fallujah-us-marine-iraq