12:50 PM EST Leaving Ft. Meade base. More updates soon. Also, have an upcoming TV appearance on RT America at 4 pm EST.

12:45 PM EST Judge granted government motion to take “judicial notice” of AUMF as fact that Al Qaeda is an enemy of the United States. Judge granted defense motion to take judicial notice of David Finkel’s book, The Good Soldiers, and that it was published before the leak of the “Collateral Murder” video. She would not, however, allow the defense to enter as fact that the content was a “verbatim transcript” of the audio/video from “Collateral Murder.” That was a legal theory or argument they needed to wait to make in court before a panel of jurors.

12:32 PM EST Judge ruled posting of YouTube video & “corrective training admissible. Act 2 (code for an incident that was not detailed further) admissible. Act 3 (see previous) not admissible. This means these prior instances of misconduct can be used by government to argue Manning had intent or knowledge when he committed the alleged offenses.

12:30 PM EST Redactions or substitutions to WikiLeaks Task Force report from CIA and Defense Intelligence Agency report granted by the judge.

12:00 PM EST The motion hearing has concluded. There are new changes to the case calendar. The judge read them in court and here are upcoming dates in the court martial:

  • October 17-18: speedy trial witness list to be argued for defense’s speedy trial motion
  • October 29 – November 2: speedy trial motion hearing; production motion for witnesses at “unlawful pretrial punishment” motion hearing
  • November 27 – December 2: litigation/argument on the “unlawful pretrial punishment” motion
  • December 10 – 14: pretrial witnesses and evidentiary issues argued
  • January 14 – 18: handling of classified information during the trial
  • January 28 – 29: last minute motions before trial
  • January 30: voir dire (or screening of potential jurors)
  • February 4 – March 15: trial

9:20 AM EST Proceedings begin this morning at 10:00 AM EST.

Original Post

Military prosecutor Cpt. Joe Morrow (Courtroom sketch by Clark Stoeckley)

Pfc. Bradley Manning’s latest motion hearing is due to wrap today at Fort Meade in Maryland. The proceedings have been going for the last couple days. There should be a decision today on whether the defense will have access to all 1,374 emails between commanding officers at the Quantico Marine brig, where Manning was confined for about nine months.

There will also be deliberation on witnesses who are going to be produced for the “unlawful pretrial punishment” hearing now scheduled for October. The witnesses being requested are individuals that came to the attention of the defense when the emails were provided to them from the government.

In the proceedings yesterday, the judge heard an argument on a government motion to admit evidence on prior instances of uncharged misconduct Manning committed before he committed the alleged charged acts. Two were discussed in code to protect Manning’s right to a fair trial but one was openly referenced and had been raised during the Article 32 pretrial hearing in December. That incident involved the posting of a YouTube video including buzzwords on classified information the military doesn’t want soldiers to use. It led to “corrective training” where he was made to produce a PowerPoint presentation on why it was wrong to leak information to “the enemy.”

The government moved for army regulations, US legal codes (such as 18 USC 793e) and the Authorized Use of Military Force (AUMF) to be admitted into evidence. The defense objected to the AUMF being introduced. The government wants to have this admitted as fact to show the recipient of the information—Al Qaeda—was in fact an enemy. The defense did not think it w

The defense moved for judicial notice so certain information would be considered fact in the upcoming trial. The defense moved for excerpts of David Finkel’s book, The Good Soldiers, to be admitted. Particularly, the defense wanted portions containing what they said was a “verbatim transcript” of audio/video contained in the “Collateral Murder” video Manning allegedly released to WikiLeaks.

The judge asked if the defense would provide a copy of the book. She sought to confirm that the defense was, in fact, claiming the book contains a word-for-word representation of remarks by soldiers made in the video, etc.  She also asked the govt to provide a copy of the video to her so she could examine the book against the video and decide whether to admit the excerpts into the record as “verbatim transcript.”

The defense further explained the reason they wanted to admit this into the court record was because having knowledge or a copy of the content of the video would negate any argument that the information was “closely held.”

I am back at Fort Meade covering the court martial proceedings. There are a handful of people here in the media pool.

The media pool is not in the media center. There was a conflict with previously scheduled but canceled Guantanamo trial proceedings. Therefore, there will be less updates here than during prior hearings. Updates will appear at the top. Follow @kgosztola for updates during any long breaks or just after any court recesses.

I have been traveling to Fort Meade to cover these proceedings since December 2011, when Manning had his Article 32 hearing. You can view previous coverage of the court martial process and the Article 32 hearing here. I also co-authored a book with The Nation‘s Greg Mitchell on Manning and the court martial up through March of this year. The book is available here.

Following this hearing, I am headed to Charlotte to cover the scene at the Democratic National Convention.