Bradley Manning’s Article 32 hearing or, as it is more generally called, pre-trial hearing resumes today. The government is not done with presenting evidence yet, though it has called 14 witnesses. it thinks it has to support the prosecution of Bradley Manning for allegedly leaking classified information to WikiLeaks.
Members of the prosecution include Captain Ashden Fein, Captain Joe Morrow and Captain Angel Overgaard and Captain Hunter Whyte. Members of the defense include Mr. David Coombs, Major Matthew Kemkes and Captain Paul Bouchard.
A quick recap of what happened on Day 4:
—The cover letter Manning is believed to have sent when he allegedly sent classified information to WikiLeaks: Yesterday the prosecution put a slide on screen from a “ReadMe” text file that a CCIU agent says he found on Manning’s aunt’s SD card. There were files on the SD card that included copies of CDNE Afghanistan and CDNE Iraq reports, reports similar to the war logs WikiLeaks released. This cover letter explained, “Items of historical significance for two wars, Iraq and Afghanistan, significant activities (SIGACTS) happening” in between January 1, 2004 to December 31, 2009.” Manning’s letter stated, “These items have already been sanitized of any source identity information,” and added, “You might need to sit on this information 90-100 days to figure out how best to send and distribute such a large amount of data to a large audience.” And the letter concluded, “This is perhaps one of the most significant documents of our time, removing the fog of war and revealing the true nature of 21st Century asymmetric warfare.”
—Communications with an account affiliated with a “Julian Assange” were found on Manning’s computer. A Jabber account that showed up as being associated with Assange was found on Manning’s buddy list for bradass87. The name was “pressassociation.” There was another entry found with the “pressassociation” account but this time it was affiliated with Nathaniel Frank.
—Chat logs are found between Nathaniel Frank, possibly of WikiLeaks, and Manning. Fourteen to fifteen pages of logs affiliated with the ”pressassociation” account associated with Frank were found in .XML format. The chats involved a discussion of government information and sending and receiving the information. In a part of the chats, Frank was accessed, “Did you receive information?” WikiLeaks, the State Department cables and JTF GTMO detainee assessment reports were discussed.
—Two closed portions took place yesterday. The hearing featured two portions closed off to the public and press. The prosecution was eliciting classified information from witness David Shaver, a CCIU agent and forensic expert.
—Both Lt. Dan Choi and Daniel Ellsberg were removed from the court room. Choi was removed after upsetting military officers and—to use official military jargon—offending the “decorum” of the proceedings. They were upset because he was wearing his uniform. Ellsberg attended the hearing for the first time yesterday. He wanted to introduce himself to Bradley. He walked over to the defense and put his hand on someone and said, “Hello, Bradley Manning.” Military police removed him but he was allowed back into the court room later.
The proceedings for Monday, December 19, are to begin at 9:00 AM EST. It is unknown how long the proceedings will run today.
I am in the Media Operations Center (MOC) at Ft. Meade. I am unable to post live updates while court is in session but check back here for updates throughout the morning and afternoon. I will be posting during breaks and when classified information is being reviewed (because press and the public are not allowed to follow these portions of the hearing). Also, follow me at @kgosztola for quick updates.
11:30 PM—The rest of Adrian Lamo’s testimony, along with other witnesses who testified on Lamo’s computer and his role as a confidential informant. Read the report here.
8:17 PM – Proceedings wrapped hours ago around 4:30 PM EST. The prosecution finished presenting evidence and said to the court they had no more witnesses.
The press had to be off the base by 5:15 PM EST. In the time that I was there, I put up a report on about 70% of Lamo’s testimony. I did everything I could to keep up and transcribe the words Lamo was saying. Much of what I have in my report are accurate quotes word-for-word. Here it is: “‘A Curious Individual’ Who ‘Takes Odd Jobs’ named Adrian Lamo Takes the Stand.”
3:25 PM – Adrian Lamo took the stand. Here is a portion of the proceedings I transcribed (for now). [There, of course, will be other quotes/details on Twitter and reported by media that are calling dispatches in from the media operations center.
Coombs especially grilled Lamo over the distinct possibility he continued to chat with bradass87 on behalf of law enforcement.
“All these questions that you are asking here are because of curiosity?” Coombs asked
Lamo denied it was because of working with law enforcement.”
“Context is necessary to establish,“ Lamo begins. Coombs interrupts. He is not giving him a yes or no answer. He eventually does say he was working with law enforcement.
Asked if he is a reporter, Lamo says: “I have worked in journalism and when I see stories I pursue them.”
Do you consider yourself to be a reporter?, asks Coombs. “Yes I do,” replies Lamo. He says he has written articles that would qualify as journalism.
Isn’t there a requirement to protect confidential sources? Lamo replies: “There is a requirement to protect confidential sources. Sources that do not elect to become confidential sources appear in the newspaper.”
Cited is a section of the chat logs:
Page 2 – “I am a journalist and a minister you can pick either and treat this — enjoy a modicum of legal protection.”
All these questions that you are asking here are because of curiosity? (Coombs)
Not because of working with law enforcement
“Context is necessary to establish— “
I was working with law enforcement
“I have worked in journalism and when I see stories I pursue them.”
Yes I do (consider myself a reporter)
Written articles that would qualify as journalism
“There is a requirement to protect confidentials sources. Sources that do not elect to become condiential sources appear in the newspaper”
That is correct.
Page 2 – “I am a journalist and a minister you can pick either and treat this — enjoy a modicum of legal protection.”
Moments later, this conversation is still ongoing. Lamo is asserting that because bradass87 declined to “affirmatively accept” the offer for confidentiality. He said in the chats there is an offer to go to press and refusal. Coombs asked, “Nowhere in that chat is there an affirmative statement where the person declines offer for journalistic privilege?” “The offer is never declined or accepted,” Lamo stated.”
Coombs repeated his question. Lamo still didn’t answer. The prosecution interrupted and said clearly the witness does not understand the question. IO Almanza interrupted: “Please answer the counsel’s questions.”
Finally, he plainly answered, “That is correct.”
1:39 PM — The hearing is about to resume for the afternoon. Earlier, I tweeted about testimony David Shaver gave, a forensic expert who returned to the witness stand again. Shaver had been tasked with finding a file containing the Granai air strike video on Jason Katz’s work computer.
1:37 PM — During lunch break, I managed to get together this report on Showman’s testimony revealing more evidence that Sgt. Paul Adkins was derelict in his duty Read the report here.
1:36 PM — Adrian Lamo is said to be at the court house now.
12:30 PM — We are on recess and lunch break.
CCIU David Shaver returned to the stand earlier. He described his search for a file containing the Granai air strike on Jason Katz’s computer.
Prior to Shaver, SSG Peter Bigelow testified telephonically. Manning worked under him in the supply room. Manning was transferred to work here after he was removed from his intel analyst job in the SCIF. He is believed to have used Bigelow’s computer. He also used a NIPRnet computer in the supply room.
12:00 PM — Showman had the “Collateral Murder” video on her computer and she talks about why she went and searched for the video in the first place. She went through folders that belong to the “Fire” section. A chief was with her looking at different videos. She was being groomed for a position as a target analyst. There was no specific reason to view the “Collateral Murder” video. She looked at a few other videos, including this video.
This is why Manning would have seen the video. Showman put it on her computer and others in the work facility with her watched it.
11:06 AM — Showman’s testimony just given during her cross-examination by David Coombs of the defense is favorable to the defense’s case. Generally, she describes her time as “team supervisor” of Manning and how multiple times she went to Adkins and suggested he was not fit to deploy, should not have a security clearance, needed more counseling/discipline, etc. Manning talked to her and, in an incident I will further describe later, Manning told her he constantly felt paranoid. He felt people were listening to his conversation. He felt he could not trust anyone around him in the unit.
Emotional outbursts that have been mentioned in the proceedings were described again by Showman, particularly the one involving Specialist Padgett. On December 20, 2009, she was at a desk near the conference room. She heard Manning scream. She got up and walked up to the door to see what was going on and saw Manning sitting on one side of the table and on other side was Padgett. She saw Manning flip the table and, when he flipped it hit the ground, he broke the computer.
11:03 AM — Hearing appears to have been closed per the request of the defense. When the hearing resumed and proceedings were declared re-opened, IO Paul Almanza stated the proceedings were closed so that Showman could give testimony and “accused’s rights” could be protected. A 5-minute portion of testimony was taken during the closed session.
10:08 AM — Closed portion to determine whether the proceedings should be closed to elicit information that could be sensitive or classified from a witness is held and completed. We await the outcome of this closed portion. We do not know if there will now be a closed portion to discuss the information. Also, there is some confusion. Prosecution said the hearing needed to be closed for unclassified information. That should not happen.
10:00 AM — Jirhleah Showman, who was a fellow intelligence analyst in Manning’s unit, testifies over the telephone. She states Manning had recurring computer issues at least on a bi-weekly basis and field software engineer Jason Allen Milliman would have to fix his computer. She says he left the Brigade SCIF on May 9 after assaulting her and was “removed because he had punched me in the face unprovoked and displayed an uncontrollable behavior that was deemed untrustworthy at the time.”
Showman from Syracuse, NY, left the Army in June 25, 2011. She was in the Army for 4 years and 2 months, a specialist when she left. She first met Manning in March 2008. They were both trained to be all-source analysts.
Some of the work Showman did involved data mining on the Distributed Common Ground System (DCGS) system, where files on individuals or groups being targeted in the field of operations were stored. These reports from HUMINT teams were searched by keywords. Products were built from the information to advise commanders on ground operations.
Also, it appears Showman got in a quick jab at Manning, it appeared. She stated when asked about training, that she and Manning learned “how to be an all-source analyst, how to handle, disseminate. and destroy classified information and what impact improper dissemination of classified information would have on the country.”
9:11 AM — As we who have been following the hearing have learned to expect, it is past 9 am and the proceedings have yet to begin. For the military that would value punctuality, they really don’t seem to care about starting on time. And while we are waiting, more backroom dealings are happening between the defense, prosecution and the IO that you and I will never know about.
In any case, the first witness will likely be a witness testifying telephonically from Italy.
8:37 AM — Here is my appearance on “The Young Turks” hosted by Cenk Uygur yesterday.
8:36 AM — A legal expert with the military tells us there are 6 witnesses remaining on the prosecution’s list. The prosecution could possibly rest today. He also says the defense could begin cross-examining their three witnesses that have been approved by the investigative officer. These are the only witnesses approved. But, it is true that ten of the prosecution’s witnesses were on the defense’s list of witnesses requested too.