WikiLeaks trials

2012-04-21 #WikiLeaks news update: WikiLeaks lawyer on "inhibited" list; Bradley Manning support events; Other news




WikiLeaks has been financially blockaded without process for 504 days.
Julian Assange has been detained without charge for 501 days.
Bradley Manning has been imprisoned without trial for 698 days.
A secret Grand Jury has been active in the U.S. without transparency for 584 days.


WikiLeaks News:

  • WikiLeaks lawyer Jennifer Robinson was delayed at Heathrow Airport, being told she had been put on an "inhibited" list for apparently doing "something controversial." Australian Attorney-Genreal Nicola Roxon denied involvement with her placement on the list and said she is investigating the matter. Meanwhile, Australian citizens protested outside a law conference which both Roxon and Robinson were attending. Crikey has also put out a rather amusing comic about the incident. Watch an interview with Robinson on the matter below:

2012-04-20 Common Misconceptions of the Assange Case

Julian Assange has now been detained for 500 days without charge. This includes the 10 days he spent in solitary confinement on top of the 490 days he's spent electronically tagged under house arrest. After all this time the media is still spreading the same falsities about his case and people continue to attack him with the same misconceptions as they were a year and a half ago.

2012-03-22 WikiLeaks Truck artist Clark Stoeckley sketches #Manning Motion Hearing #FreeBrad

Below is a series of drawings sketched by artist, Clark Stoeckley, at the Motion Hearing for U.S. v. PFC Bradley Manning on March 15 and 16, 2012 at Fort Meade, MD.

Stoeckley was situated either in the courtroom gallery or in the media operations center, where a live video feed of the proceedings was broadcast.

Bradley Manning has been held without trial since May 29, 2010. Former State Department spokesperson, P.J. Crowley, described Manning's treatment by the U.S. as "ridiculous and counterproductive and stupid." Crowley also said, the "exercise of power in today's challenging times and relentless media environment must be prudent and consistent with our laws and values."

The same week that Crowley was forced to resign for his remarks, Stoeckley adorned a former U-Haul box-truck with the WikiLeaks hourglass logo and signage reading: "Release Bradley Manning" and "WikiLeaks Top Secret Mobile Information Collection Unit".

Stoeckley drove the now world famous WikiLeaks Truck around the White House, and was subsequently arrested and interrogated by Secret Service, despite his never having been charged with a crime.

Stoeckley WikiLeaks Truck has been a staple of Occupy Wall Street since September 17, delivering food and supplies to the revolution in New York, D.C., Boston, Philadelphia, and Newark.

2012-03-16 Full Transcript #Manning Motion Hearing Fort Meade, MD March 16, 2012 Day Two

Full Transcript March 16, 2012

This transcript was typed from the press pool at Bradley Manning's motion hearing on March 16, 2012 at Fort Meade, MD.

This transcript may have errors and is incomplete in that there was no way for me to capture every word, or every sentence.

Please send corrections to carwinb@hushmail.com.

Bradley Manning's motion hearing is held in same court room as his Article 32 Pretrial Hearing.

You can also read:

Names:

  • General Court Martial Convening Authority: Maj. Gen. Michael S. Linnington
  • Commander of the U.S. Army Garrison, joint Base Myer-Henderson Hall: Col. Carl R. Coffman
  • Commander of U.S. Army Headquarters Command Battalion: Lt. Col. Eric Fleming
  • Military Judge: Col. Denise R. Lind
  • Prosecution: Captain Ashden Fein, Captain Joe Morrow, Captain Angel Overgaard, Capt. Hunter Whyte
  • Defense: Mr. David Coombs, Major Matthew Kemkes and Captain Paul Bouchard

Proceedings were delayed until 13:00 because Defense and Prosecution were in Chambers with Judge Denise Lind hashing out a Court Protective Order.

All Rise.

Court is called to order.

Judge Lind We are starting late today, because the parties and Court were going over a Protective Order regarding the handling of classified information. Both parties had filed orders marked as Appellate Exhibits...

...

2012-03-18 Interview with Kevin Gozstola, Is media coverage of #Manning timid & recent demands for access?

I recently spoke with Kevin Gosztola, journalist and blogger at The Dissenter at FDL. We spoke about media coverage of Bradley Manning's legal proceedings, as well as the recent demand by a coalition of 46 media organizations for access to Court records. You can find Kevin on twitter @kgosztola.

2012-03-18 Interview w Naomi Colvin on UN Rpt on Torture & Euro advocacy for US political prisoner #Manning

I recently spoke with Naomi Colvin of the UK Friends of Bradley Manning and Occupy London about the UN Special Rapporteur Report on Torture as it concerns Bradley Manning, as well as European sentiment and advocacy for the U.S. political prisoner and alleged whistleblower. You can find Naomi on twitter at @auerfeld

2012-03-15 Full Transcript #Manning Motion Hearing Fort Meade, MD March 15, 2012 Day One

Full Transcript March 15, 2012

This transcript was typed from the press pool at Bradley Manning's motion hearing on March 15, 2012 at Fort Meade, MD.

This transcript may have errors and is incomplete in that there was no way for me to capture every word, or every sentence.

Please send corrections to carwinb@hushmail.com.

Bradley Manning's Motion Hearing is held in same court room as his Article 32 Pretrial Hearing. You can read transcripts from the first three days of that proceeding, as well as transcript of his Arraignment here.

An AFP reporter informed me that the room where the press pool views the legal proceedings, Smallwood Hall, at Fort Meade, MD is also the location where Press views Guantanamo (GTMO) military tribunals via satellite.

Names:

  • General Court Martial Convening Authority: Maj. Gen. Michael S. Linnington
  • Commander of the U.S. Army Garrison, joint Base Myer-Henderson Hall: Col. Carl R. Coffman
  • Commander of U.S. Army Headquarters Command Battalion: Lt. Col. Eric Fleming
  • Military Judge: Col. Denise R. Lind
  • Prosecution: Captain Ashden Fein, Captain Joe Morrow, Captain Angel Overgaard, Capt. Hunter Whyte
  • Defense: Mr. David Coombs, Major Matthew Kemkes and Captain Paul Bouchard

9:38 a.m. proceedings begin.

All Rise.

Judge Lind: Please be seated. Court is called to order. It appears that all parties are present with the exception of Major Matthew Kemkes [Defense]. Is that correct?

2012-03-15 Denver Nicks about his upcoming #Manning book, entitled Private, with undisclosed chat logs.

I recently spoke with journalist and author, Denver Nicks, about his upcoming book, Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History. Nicks says that he has an agreement with one of his sources to publish the book after the verdict, and that it contains previously undisclosed chat logs. You can find Denver Nicks on Twitter @DenverNicks

2012-03-10 Interview with Chase Madar, journalist and author of The Passion of Bradley #Manning

Chase Madar is the author of the recently published book, The Passion of Bradley Manning. Madar is a civil rights attorney, who also writes for the London Review of Books, Le Monde diplomatique, The American Conservative (where he is a contributing editor), CounterPunch and TomDispatch. He can be found on twitter at @ChMadar.

2012-03-07 Press Release for Motion Hearing at Fort Meade, March 15, US vs PFC Bradley #Manning

Below is a March 1, 2012 United States Department of Defense Press Release for an upcoming Motion Hearing in the legal proceedings for U.S. Government vs. PFC Bradley Manning:

Classification: UNCLASSIFIED
Caveats: NONE

NEWS RELEASE

The U.S. Army Military District of Washington
Guardians of the Nation’s Capital

FOR IMMEDIATE RELEASE#12-06
DATE: March 1, 2012

U.S. GOVERNMENT VS. PFC BRADLEY MANNING MOTION HEARING SCHEDULED

FORT LESLEY J. MCNAIR, D.C. – The military judge has scheduled a motion hearing in the case of United States vs. Pfc. Bradley E. Manning, beginning on Thursday, March 15 at 10 a.m., at Fort George G. Meade, Md.

Pfc. Manning is charged with aiding the enemy; wrongfully causing intelligence to be published on the internet knowing that it is accessible to the enemy; theft of public property or records; transmitting defense information; fraud and related activity in connection with computers; and for violating Army Regulations 25-2 “Information Assurance” and 380-5 “Department of the Army Information Security Program.”

If convicted of all charges, Manning would face a maximum punishment of reduction to the lowest enlisted pay grade, E-1; total forfeiture of all pay and allowances; confinement for life; and a dishonorable discharge.

Media queries and information on credentialing for the arraignment may be emailed to the U.S. Army Military District of Washington Public Affairs Office at mediadesk@jfhqncr.northcom.mil.

-30-

Classification: UNCLASSIFIED
Caveats: NONE

2012-02-23 Transcript of Bradley Manning's Arraignment at Fort Meade, MD 1 p.m. February 23, 2012

This transcript was taken by hand at Bradley Manning's arraignment on February 23, 2012 at 1:00 p.m., Fort Meade, MD.

Please send corrections to carwinb@hushmail.com.

Bradley Manning's arraignment was held in same court room as his Article 32 Pretrial Hearing. You can read transcripts from the first three days of that proceeding.

The courtroom for Bradley Manning's arraignment is lit dramatically with incandescent parabolic reflectors, and not fluorescent lights as was his Article 32 Pretrial Hearing.

Military personnel are dressed in full armed service uniforms. They had worn camos during the Article 32 Pretrial Hearing.

Many of the same individuals from the Article 32 Pretrial Hearing, like Lt. Hughes, are guarding the arraignment proceeding.

I went as a member of the public, even though WL Central was considered a credential media organization by the Pentagon "for this hearing." I did so, because I wanted to be in the courtroom.

Image

Captain John Haberland, a spokesman for the Military District of Washington (MDW), sat behind me taking notes and coughing. He had also been at the Article 32 Pretrial Hearing. (I would have brought a hearing aid, but, alas, they don't allow electronic devices in courtroom.)

Military judge Col. Denise R. Lind is presiding. She is middle aged, with blondish coiffed hair, spectacles, and a long black robe.

Prosecution is Captain Ashden Fein, Captain Joe Morrow and Captain Angel Overgaard.

Defense is Mr. David Coombs, Major Matthew Kemkes and Captain Paul Bouchard.

2012-02-01 The Assange Extradition Hearing: Day 1

ImageAt Day 1 of the Julian Assange extradition hearing

On the night before the hearing began, one dedicated Assange supporter in London told me that she planned to arrive at Court by 6 a.m., ahead of the throngs that she expected based on the turnout at Assange's hearing last November. No doubt the freezing February temperatures kept large crowds at home this morning; instead of the masses anticipated, there were only a few orderly lines segregated into cameramen, sign-wielding protesters, and the courtroom audience -- a mix of media representatives, Assange faithfuls, and the curious. I was in the latter line, which was also peppered with a few Occupy London luminaries. During the next hour of collective shivering, I met journalists from all over Europe and the U.S., who now braved frigid weather to witness this historic proceeding. Arriving at around 8:30, one hour before the Court opened to the public, I witnessed the expectant crowd devolve into a chorus of complaints as the early-morning, late-winter wind chill robbed our fingers of almost all feeling.

But, mercifully, 9:30 at last arrived -- as did Assange, soon after. The white-haired WikiLeaks founder offered a spirited hello to the crowd and preceded us into the Court.

At the entry, Court staff had handed out a media briefing, which included the following details:
"Issue: Whether a European Arrest Warrant ('EAW') issued by a public prosecutor is a valid Part I EAW issued by a 'judicial authority' for the purpose and within the meaning of sections 2 and 66 of the Extradition Act 2003.

2012-01-22 Chronology of charges the US government alleges against #Manning

This is a chronological list of charges against Bradley Manning alleged by the US government. They are derived from the July 5, 2010 original charge sheet and the March 1, 2011 charge sheet.

The charges from the original charge sheet are below in italics, and grouped beneath corresponding charges from the latest March 1, 2010 charge sheet.

2012-01-19 Almanza #Manning Article 32 Investigating Officer is friends w Dep Gen Counsel for Contracting at Defense Intel Agency

PaulAlmanzaFBFriends2.jpg

Lt. Col. Paul Almanza, the Investigating Officer at Manning's Article 32 Pretrial Hearing is an "impartial fact finder".

Please disregard the rumor that he is a career prosecutor at the Department of Justice (since 2002, the year he received his license); or that the Department of Justice has an ongoing criminal investigation into WikiLeaks and Julian Assange.

Paul AlmanzaLinkedInCareerProsecutor.jpg

Any "reasonable person given the facts would never doubt Almanza's impartiality" given that his work address as Chief of Staff for the Office of Legal Policy at the Department of Justice is publicly listed as US Dept. Of Justice, 950 Pennsylvania Ave., Nw Washington, DC 20530; or that he sent correspondence to Manning's counsel using his DOJ email.

2012-01-19 US Command 'Clinton, Gates too expensive to produce' despite possible death penalty for #Manning

Manning's defense lawyer, David Coombs reports that Colonel Carl R. Coffman Jr., the Commander of Joint Base Myer and the Special Court Martial Convening Authority, [*pictured to the left] denied the defense's request to conduct oral depositions of nine essential witnesses including former Secretary of Defense, Robert Gates, and current Secretary of State, Hillary Clinton.

Coffman determined that the "difficulty, expense, and/or effect on military operations outweighed the significance of the expected testimony," despite the possibility of the death penalty for Manning.

These same witnesses were requested by the defense for Manning's Article 32 Pretrial Hearing, and were denied by Lt. Col. Paul Almanza, a civilian career prosecutor at the Department of Justice. Almanza deemed that the "significance [of their testimony] does not outweigh military and governmental operations," and the witnesss were "not reasonably available given the importance of their respective position."

David Coombs responded to Coffman's denial on his blog yesterday. Coffman's decision, he said, "is yet another example of the government improperly impeding the defense's access to essential witnesses."

2012-01-17 Poetry of Master Sgt. Adkins, highest rank in T-SCIF invoked Article 31 at #Manning Pre Trial

paul_david_adkins.jpg

Ucityreview.com says "Paul David Adkins grew up in Fort Lauderdale, Florida. He attended Mercer and Washington University. He lives in New York." 

Borderlinepoetry.com says, "Paul David Adkins grew up in Fort Lauderdale, Fla. He entered the Army in 1991 and has served in Iraq three times and Afghanistan once since 2002. He has poems published or pending in Crab Creek Review, Rattle, Artful Dodge and Chattahoochee Review, among others." The unclassified defense witnesses list calls him, "▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓▓", but you can find him on twitter @pdadkins29, where he describes himself as, "Husband dad *poet* conneisseur [sic] of Mountain Dew"

Indeed, "2nd BCT intelligence noncommissioned officer in charge Master Sgt. Paul David Adkins, of Fort Lauderdale, Fla." was the highest ranking officer and responsible for data security in Bradley Manning's TSCIF.  According to a report in Politico, Adkins "was reduced to a sergeant first class recently due to 'being derelict in his duties,' according to a defense filing. Coombs suggested that Adkins is appealing that reduction."

2012-01-15 #WikiLeaks News: Calls for Julian #Assange to be tried as terrorist under #NDAA-like law in 2010; Other News





This is a "WikiLeaks News Update", a daily news update of stories relating directly to WikiLeaks and also freedom of information, transparency, cybersecurity, and freedom of expression.

News

  • Suggestions made to the US House of Representatives for Julian Assange and WikiLeaks to be tried in a military court, under a style of law similar to the National Defense Authorization Act 2012 (NDAA), pre-date the NDAA by approximately one year.
    On the 30th November 2010, Representatives Franks, Lamborn and King urged the creation of new legislation in order to prosecute Julian Assange as a terrorist, and hinted at his detention in Guantanamo Bay:

    "I wish and I hope that there’s a way that we can find a way to prosecute a man like that, that we can protect ourselves. And if we fail to do that, or even if we’re successful in that and it exposes some other vulnerabilities, I suggest, Mr. Speaker, that this Congress take a look at some new legislation, a new structure of law, that’s really not brought about because of the actions of Mr. Assange but brought about because of the actions of our enemies, our terrorist enemies.", a transcript of their speeches reads.

2012-01-13 #Assange Extradition Fact Sheet: 15 Overlooked Facts

15 Overlooked Facts About the Assange Extradition Case


1) Julian Assange is not charged with anything in Sweden or any other country.
[Source: @wikileaks]


2) Julian Assange did not flee Sweden to avoid questioning. He was given permission to leave the country on the 15th September 2010, after remaining 5 weeks in Sweden for the purpose of answering the allegations made against him.
[Source: Undue delay for Julian Assange's interrogation]


3) The case against Julian Assange was initially dropped, and deemed so weak it could not warrant investigation. After the intervention of a Swedish politician close to American diplomats, it was revived by a different prosecutor. [Source: Why is Julian Assange in jail?]


4) In all instances, the 2 plaintiffs consented to sexual intercourse, which they did not take the initiative to stop: they never expressed non-consent and afterwards declared to not have felt threatened by Julian Assange.
[Sources: Swedish Police Report and The offences described in the EAW are not extradition offences]

2011-12-22 Summary: PFC Bradley Manning Pre-Trial Hearing Day 6

Image (PFC Bradley Manning stepping out of a security vehicle outside a courthouse in Fort Meade, MD. Photo: AP/Patrick Semansky)

Bradley Manning’s pre-trial hearing began at 9:00 AM on Friday, December 16. It must be noted that this is not a trial but a hearing to decide whether or not there are reasonable grounds to charge PFC Manning and continue with a court-martial hearing. That being said, there will be no “guilty” or “not guilty” verdict at the end of these hearings. Journalists who were allowed to sit in on the hearings were warned of “regular blackouts” while the court went in to private session.

There are a total of 34 counts against PFC Manning, the most serious of which is UCMJ Article 104, “Aiding the Enemy.”

Defense: Mr David Coombs, Major Matthew Kemkes, Captain Paul Bouchard
Prosecution: Captain Ashden Fein, Captain Joe Morrow, Captain Angel Overgaard
Investigative Officer: Lieutenant Colonel Paul Almanza



Day 6:

Today was the first day the defense got to call witnesses. The first day was spent debating whether the IO was suited for the hearing, and the following four days consisted of the prosecution calling their witnesses.

Defense Witness Testimony: Sergeant Daniel Padgett

SGT Daniel Padgett worked in the SCIF with PFC Manning. He was tasked to be the Non-Commissioned Officer in Charge (NCIOC), even though he had no formal training and was not an NCO at the time.

2011-12-21 Summary: PFC Bradley Manning Pre-Trial Hearing Day 5

Bradley Manning's pre-trial hearing began at 9:00 AM Friday, December 16. It must be noted this is not a trial but a hearing to decide whether there are reasonable grounds to charge Manning and continue with a court-martial hearing. That being said, there will be no "guilty" or "not guilty" verdict at the end of these hearings. Journalists allowed to sit in on the hearings were warned of "regular blackouts" while the court went in to private session.

There are a total of 34 counts against PFC Manning, the most serious of which is UCMJ Article 104, "Aiding the Enemy."

Defense: Mr David Coombs, Major Matthew Kemkes, Captain Paul Bouchard
Prosecution: Captain Ashden Fein, Captain Joe Morrow, Captain Angel Overgaard
Investigative Officer: Lieutenant Colonel Paul Almanza

Day 5:

Today was the prosecution's final day to call witnesses.

Prosecution Witness Testimony: Jirhleah Showman

Jirhleah Showman was a fellow intelligence analyst of PFC Manning's, but has been out of the Army since July 2011. She testified over the telephone.

Showman testified about FSE Milliman having to fix PFC Maning's computer at least twice a week. When asked about her and PFC Manning's training, she said they 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."

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