07 December 2011

Defense Response to Government Denial of Witnesses

On December 2, 2011, the defense filed a request for the production of 48 witnesses for the Article 32 hearing. The government responded to the defense's request on December 7, 2011. In the government's response, it opposed the presence of all defense requested witness (with the exception of ten witnesses who were also on the government's witness list).

The defense filed a request to compel the production of the witnesses on December 8, 2011. The Investigating Officer will consider the government and defense requests, and make a ruling sometime later this week.


  1. What I thought happens... USGov really shows itself at its best by wanting to make sure that Bradley Manning gets convicted AT ALL COSTS, like the end justifies the means, and prevent him from getting a fair trial. USGov, you guys have really finally hit rock-bottom and are certainly NOT an asset to the world anymore. If that was your goal, GREAT JOB. Congrats!

    One can just hope that the gov does NOT own the Investigating Officer etc. and these guys actually have the balls to do their job instead of just doing what the gov orders them to do!!!

    David, I wish you all the best and DO hope you will be able to represent your client in a way that is granted by your constitution/laws, finally. So far it doesn't look that way, though. Never give up! Time to kick some asses!!!! GOOD LUCK!

  2. I don't know why we are bothering. We know our government isn't going to observe his rights. They've already been torturing him. He is going to die, no matter what. This country doesn't need to fight within the system. It needs to pick up the responsibility laid upon us by Thomas Jefferson and throw down this tyrannical regime and start anew.

    1. We are bothering because a True American Hero put his life on the line for us,the American people

  3. I didn't know they had the power to just slap down a defendant's case assets at will. Screwed up.

  4. doesn't sound like he will get a fair trial. but then that's to be expected.

  5. They are stacking the cards as hard as they can against that young man - there's almost not even a pretence of justice about it now.

    For a number of years, the behaviour of the powerful in the United States has displayed a crass disdain for the rule of law and the values they trumpet as a 'god-fearing' society.

    I stopped visiting the US after Bush was elected and stopped buying American products soon after that as a one-person boycott against American bullying. Many people have joined me since and they will continue to do so.

    Democracy - my ass!

  6. Got a bad feeling that number of witnesses is not going to change anything, pretty sure that resolution is already formed. This theater is present just to make an "official" announcement. Something else have to be done, when lawful methods fail. Blackmailing should be considered as a solution.
    We do not forgive.
    We do not forget.
    We are anonymous/legion!

  7. So, please confirm for me in layman terms: the US Government is blocking the legal right for Bradley Manning to call witnesses - is this correct?

  8. I view Bradley Manning as Right, Honest, Just, and Necessary in his actions. A True American Hero. As for the rest of us, we have lost our country. Thank You Mr. Coombs. A Bigger Thank You to Mr. Bradley Manning.

  9. Dear Mr Coombs
    I have lived in the US and I respect it in so many ways, it has brought to the world so many great things.
    However I cannot accept governments keeping secrets. I feel Mr Manning did the right thing, he objected to the secrecy of his government. He did the right thing, he is not a villain, he is someone with guts to stand up and say "this is wrong" and I am sure he loves his country.Normally when people object to their government is because they love the country probably too much.
    You probably cannot fathom how many people in the world respects Mr Manning for what he did!
    With all my respect for the United States, I hope US will set the example of human rights and freedom of speech (It´s in your declaration of Independence), please start acting like you care about it, because it certainly does not feel like it to the rest of the world.
    Hope you find this well
    Egill Larusson

  10. Not surprising, unfortunately. I think this one will be rigged. Fight on!

  11. Hello,

    No form of justice can be had if these witnesses at a minimum are not heard.

    Seems to me this Article 32 hearing will be a dog and pony show and over before it has even started.

    ~~~ Very Concerned

  12. Kangaroo court, kangaroo country.

  13. That's pathetic. Our Military Minds at work and it's not truth they are after, it's revenge.

  14. Not a dog and pony show... Literally a Kangaroo Court. I thought maybe they would do this to him in Kuwait and never thought they had the balls to do it in U.S.A. Put Obama on the stand to answer for his predisposed comments on the case. The CinC's comments and actions should have this case thrown out. This is a mockery of law and the Military Code of Justice. A KANGAROO COURT!

  15. For Heaven's sake, where on Earth is the Justice?

  16. Please publically name the 48 witnesses you called.

  17. I thought there were only kangaroos in Australia -this suggests they inhabit American courts too. Might have to send a couple of wombats to help in his defence they will chew the up lawyers!

  18. I don't understand why Bradley Manning is even imprisoned. He's only provided the truthful evidence of what we already suspected.

    The reaction of the US military and government only highlights their guilt. It's time for them to face their collective ego and admit their own wrongdoing.

    Let him go or this will go down as one of the most corrupt and abominable acts in history.

  19. You want the Truth?
    Bradley Manning gave us the Truth.
    But the Military and their Political Masters can't handle the Truth!
    So the trial has a foregone conclusion.
    But Mr. Manning will be a far more powerful symbol as a political prisoner than if he were freed. Nelson Mandela was "just another prisoner" once.

  20. Thank God I'm not an American.

  21. After Manning revealed the government corruption, the US decided to flaunt it in his face. It is highly likely Manning will receive the death penalty.

  22. SIXTH AMENDMENT: "...in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Someone in "government" has violated thier oath to uphold the U.S. Constitution.

  23. I don't know why the military doesn't just shoot Manning in the head, it's not because he deserves it - far from it, but just because there is little point in running some kangaroo court and pretend to have a justice system when there is no intention or interest in having an unbiased or unprejudiced justice system.

    Manning would have had received better treatment had he murdered children instead of only airing what the US government did. Most of the material released was only classified because it was embarrassing or government employees were ashamed of what they did.

    The US has joined the ranks of other dictators and despot nations since 9/11, supposedly in the name of freedom and the moral high ground.


  24. Public interest is what the free,democractic,so called rule of law is afraid of.There will be no trust in the Superpower if it cannot act,the way it preaches to all other countries.Wanting to lead the Western world while it is tainted! Paints us all in the colour of power abuse.Never will America be able to be righteous again.You have to DO what you say,not just say it.The world is watching.....

  25. Looks like the Department of Injustice is actively engaging in "Conviction Shopping". Way to go there, President Aceveda! You're doing a heckava jawb ... just like Drownie ...

  26. Thank you for trying Mr Coombs..

  27. Beyond any doubt, Bradly Manning will go down in history as a hero. One, who at great personal risk decided to take a stand against the abuse of power resulting from a lack of governmental transperancy necessary in a true democracy. Manning did nothing other than stand for the values he had vowed to protect, at all cost. Isin't that what a true soldier is expected to do?

  28. The American government has finally proved to the rest of the world that the Muslim distrust of USA is perfectly legitimate.
    The US seems to be perfecting it's own version of Sharia law.

  29. Only you Americans can help Bradley, by ceasing to vote for the criminal politicians that laugh at your ignorance, and shit on your constitution!

  30. None of the anti-American ANONYMOUS cowards that are posting here are obviously familiar with the oath to the Constitution and laws ruling the institutions of government, but I am. These are pansies writing here who love to stir the pot, but are basement-dwelling cowards in all reality. You'd never see one of them ever don a uniform, much less a job.

    First and foremost, you're either pro-American or anti-American. These people posting here are anti-American frauds. You can read them encouraging haters to post to this thread, which is exactly how I found it.

    Secondly, it's quite clear that Manning had entertained the idea of selling official documents to the Russians with a total disregard for the oath he took and exhibits a definite propensity towards greed above his sacred duty which he whined about relentlessly.

    This wasn't a draft. This was volunteer service. If Manning didn't like the orders in the field that he was privy to, he should have left the service. Instead, he decided to be judge, juror and executioner of what he deemed was target shooting instead of strategic military targets for reasons not even known to him.

    I am disgusted by Manning as a former Marine. I have two sons who also served. None of the haters posting here know a thing about what it means to serve your country or others. They're takers.

    Luckily, they are the minority cowards who haven't seen daylight since Woodstock. Unfortunately, they only have the internet because they refuse to get off the government dole.

    Manning should have the book thrown at him at maximum penalty and Assange will be extradicted.

    It's time to get tough America and back to what we once were. War is not a social media playground for dictatorships to get over on others with lies. And that's exactly what I'm reading. You know who you are and you're not Americans.

    Michael Thompson

  31. Councilor Combs - thank you for keeping up the good fight to defend B Manning. Also, thank you very much for allowing for anonymous posting on this site. Too many sites force you to ID in some way in order to post.

    I hope to be at the rally for Manning.

  32. @ Michael, or whatever your real name is.

    Signing a post doesn't mean anything cos it might be your real name but it can't be verified and everyone can sign with any name that comes to mind pretending its his real name. So much for ANONYMOUS cowards.

    Also, calling a person anti-American simply because he does not agree with the governments actions and/or dares to criticize them is a) old hat *yawn and b) also just the well-known and typical stance of those very popular right-wingers who are trapped in black-and-white thinking, "you're either with us, or against us" (you named it). Thanks so much for that! Long time ago that I read or heard this nonsense, though.

    As for "it's quite clear that Manning had entertained the idea of selling official documents to the Russians with a total disregard for the oath he took and exhibits a definite propensity towards greed above his sacred duty which he whined about relentlessly." just assumptions on your part!

    Btw, when you take an oath to enlist or be commissioned as an officer in the United States Armed Forces, you do NOT swear to defend the United States or support covering up wrongdoings/blunders commited by your own government/military, you swear "to support and defend the CONSTITUTION of the United States against all enemies, foreign and domestic". Got that, chief? Quite easy, actually. Nvm, though.

    While I agree that this wasn't a draft but volunteer service I'm suprised to read that a guy like you, who doesn't get tired telling us what he all knows and highlighting that the rest of us peeps know nothing, says "if Manning didn't like the orders in the field that he was privy to, he should have left the service" cos its well-known that you do not leave the service just so. Not before your time is up.

    Aaaaah anyways, ... K.I.S.S. method ... the rest are just assumptions, nothing else, even though quite entertaining.

    Besides, no matter what your personal opinion about Bradley Manning and his alleged deeds are – like it or not – but everyone has the right for a fair trial. Also, are you familiar with this concept which is called "Presumption of Innocence?" One can only hope so cos you're advocating maximum punishment without a conviction. What is it based on? Insecurity. Desperation. And a thousand other tadpole deep emotions.

    Let me tell you this, Bradley Manning has several Rights and the UCMJ is not universally alien to the Constitution!

    But enough of it cos I can't believe I wasted my time and responded to such a garbage post, even though it was entertaining... *chuckles

    Andy Cox

  33. Michael Thompson - Thank you for your service. Regardless of whether Manning is guilty or innocent, he has a constitutional right to a fair trial. If the government has evidence against him, let them present it, but they should not be blocking witnesses called by the defense, that is the issue here.

  34. there is not a single government action in this entire story that does anything but demean america. the kinds of mind attracted to government or military are not the kinds of minds that can feel which way the winds are blowing.

    true strength behaves differently.

  35. Bradley Manning represents the only type of military that should exist ; transparent, independent and genuine.

    The United States is a country that I for one am ashamed to be apart of, in addition to being the number one culprit of mass genocide world wide.

  36. Considering how badly Bradley Manning has been treated and the unlikelihood of a fair trial, I'm glad I'm not an American. Freedom, Justice and the American Way?

  37. What is his statement of defense anyway? Didn't he quite openly state what he did, how he did it and wasn't it clear from the beginning that he is breaking some serious laws?

    I AM in favour of what he did, but I don't see how you can blame the prosecution for remorselessly crushing down on him now after he was pretty open and smug about it.

  38. Considering the LACK of any meaningful response to the whole Collateral Murder video --- which CLEARLY documents WAR CRIMES --- it can hardly come as any sort of surprise that the whole Bradley Manning proceeding will run roughshod over elementary concepts of "justice".
    But the thing is, people need to recognize that this whole fiasco is being conducted in such a way as to be intimidating to OTHER potential decent and honorable Whistle Blowers. That, after all, IS THE WHOLE OBJECTIVE of the sort of yaa-hoos exemplified by the affair captured in that video. They are covering their posteriors --- lest they might conceivably end up being THEMSELVES hauled before the International Court of Justice in The Hague (which they certainly SHOULD be). Outrageous intransigence to anything like a fair trial IS IN ALL LIKELIHOOD QUITE DELIBERATE.

    Check out the whole general legal analysis being offered by former attorney Glen Greenwood on the LINK TV channel and website.

  39. I heard of and saw this sort of justus action in "non-political" political trials in the present economic posterboy country of Canada.It appears to be a widespread cancer.The guilty verdict has been passed.Only the number of lashes shall now be decided upon the annoying infidal.

  40. Just wanted to say thank you to Mr. Coombs. I'm not going to waste everyone's time explaining my views on the subject. EVERYONE is entitled to an opinion. However, EVERYONE is also entitled to a fair trial. I am very glad to know he's being competently defended. Whether or not he will even get a fair trial is another question, though. The government is taking away our rights and there is almost nothing we can do about it. We can't even protest anymore. Occupy wall street is now listed as a domestic terrorist group. Basically, there is no way for ordinary citizens to voice their dissent anymore. Just being "anti-government" leaves one on shaky grounds, considering that just last week the Senate passed the National Defense Authorization Act which, pending full approval, would essentially declare the U.S. homeland a battleground, allowing the military to arrest and detain American citizens defined as “enemy combatants” indefinitely without due process. The bill specifically states that the military has the right to detain anyone engaged in “anti-government acts.” It does not define those acts any further, which allows them a very broad interpretation. God help us all.

  41. Good luck for tomorrow!!!

  42. A real soldier is a protector. A real warrior respects and loves the truth. I believe Manning is a real soldier, a warrior. I have some experience with military courts. A lot depends on the character of the base commanding officer. He, more than the judge really, sets the tone of this proceeding. Under an honest chain of command, we may yet see some resolution more favorable to Manning. Certainly all the eyes on this case may help in this hope. The UCMJ has tools to help this soldier. I wish you every good fortune in finding them and using them.

  43. Extraordinary for people in the UK to be reading about this half-Welsh young man who is apparently being scapegoated for following his conscience and blowing the whistle on government malpractice.

    Mr Coombs will be aware that the British courts have increasingly taxed our government on its misdeeds in Iraq and Afghanistan. But perhaps the most relevant UK precedent, that interested readers might look to research, is that of Clive Ponting. He was charged with breaching the Official Secrets Act regarding the sinking of the General Belgrano, claimed public interest, and despite a judge's adverse direction was aquitted by a civilian jury.

    Pvt Manning may have less chances before a court martial, but it is good to see how Mr Coombs is approaching his task.

    BobM Hertfordshire UK

  44. IO is a joke and couldn't be less biased. At least the gov will be proud of him cos the tool (IO) is perfectly funtioning.

    Please David, don't give up! Even though it's frustrating as hell if one gets prevented from defending one's client. But that this thing will be a farce was clear from the get-go and gets confirmed now.

  45. I am at a loss as to how to improve the day and the prospects of Bradley Manning. Perhaps just by paying attention we can affect the outcome of his case.

    They tell us that the truth,
    Is more than we can handle.
    But we'll keep on asking questions,
    Keep on lighting candles.

    So thank you Bradley Manning,
    For the secrets that you told.
    The simple truth our government,
    Did not want us to know.

    It was rated "confidential",
    We found it non-essential.
    It did not blow a single mind,
    Nor mystify a soul.

    GC Baumberger,

  46. I am 4000 miles away from this case and so am guessing that not all of the information is getting through and when it is, it is spun for political posturing purposes.

    I realise that this is only a pre trial review, but I would just like to thank David Coombs for the blinding job that he appears to be doing under what must be immense pressure from the left that want to stuff a pole up his bottom so that they can parade him around in front of a marching band.

    I truly feared that Brad was going to be a martyr and try and go down the "blowing the whistle is not a crime" route; Which would no doubt have resulted in the full 52year sentence. I now feel a bit more confident that this isn't going to happen and am genuinely thankful for this.

    I have my ideas, but only you will know how and when to get Brad off this or get him the shortest sentence possible. So go to it David and Thank you and please send Brad my very best wishes.

  47. I am a civilian, and I even see this CO who is overseeing the trial, needs to step down... If a mans life hangs in the balance, then every right or subject should be made available to defend ones life.. This CO needs to step down, and this needs to be a civilian jury trial.... Not allowing witnesses to defend ones life, should be illegal.. Every chance needs to be given to prove ALL facts Publicly RIGHT OR WRONG....


The Law Office of David E. Coombs invites you to express your opinions and engage in discussions with one another by leaving comments on our blogs. While we encourage an open forum, please refrain from posting offensive, obscene, threatening or abusive comments. Our office reviews all comments prior to posting and reserves the right to moderate or remove any comment.