Earlier today, the Defense filed its 110-page Article 13 motion. The Defense is requesting the Court to dismiss all charges with prejudice owing to the illegal pretrial punishment PFC Manning was subjected to in violation of Article 13, UCMJ and the Fifth and Eighth Amendments to the United States Constitution.
The motion was originally scheduled to be argued on 27 through 31 August 2012. However, the motion was delayed due to the Defense just receiving additional information that impacts the Article 13 issue. The new information will require additional witnesses to be called and for the Defense to file a supplement to its motion. The rescheduled dates for the unlawful pretrial punishment motion will be 1 through 5 October 2012.
The Defense has received authorization to release the following two filings regarding the Article 13 motion:
1) Defense Requested Witnesses: Article 13 Motion; and
2) Defense Motion to Compel Production of Witnesses and Evidence for Article 13 Motion.
As soon as the Defense receives authorization, it will post its Article 13 motion and its supplemental motion.