30 March 2012

Filed Motions

The Defense has filed four additional motions on behalf of PFC Manning. It is the Defense's hope that these filings will be available publicly prior to the upcoming Article 39(a) hearing. However, if the redacted motions are not available, the following will provide a general understanding of what Defense motions are being addressed on April 24th through 26th:

1) Motion to Dismiss the Article 104 Offense: This is the offense alleging that PFC Manning indirectly gave intelligence information to the enemy. The Defense is requesting the Court to either dismiss the Article 104 offense for failing to state an offense or determine that the term "indirectly," as used in Article 104, is unconstitutionally vague in violation of the First and Fifth Amendments and renders Article 104 substantially overbroad in violation of the First Amendment to the United States Constitution;

2) Motion to Dismiss Specification 1 of Charge II: This is an offense where the Government has alleged PFC Manning "wrongfully and wantonly caused to be published on the Internet intelligence belonging to the United States government, having knowledge that intelligence published on the Internet is accessible to the enemy." The Defense is requesting the Court to dismiss the offense for failure to state a cognizable offense under Article 134 because as currently drafted, the offense is preempted by Article 104. In the alternative, the Defense is requesting the Court to dismiss the offense since that alleged conduct must be charged under Article 92 (a violation of a general regulation) and not Article 134.

3) Motion to Dismiss Based Upon Unreasonable Multiplication of Charges: The Defense is requesting the Court to dismiss and/or consolidate several specifications because, as charged by the Government, they constitute an unreasonable multiplication of charges. The Defense submits that the Government has unreasonably multiplied the charges against PFC Manning by charging violations of multiple provisions of Title 18 of the United States Code for conduct that should only be charged, if at all, as a violation of one provision of Title 18. Additionally, the Defense argues that the Government has unreasonably multiplied the charges against PFC Manning by breaking down single transactions into multiple specifications each.

4) Defense Renewal of Motion to Compel Discovery of Computers: The Defense is requesting the Court to amend its order requiring the Government to conduct searches on specifically identified computers for unauthorized software.

*5) Defense Motion to Dismiss all Charges With Prejudice: The Defense is requesting the Court to dismiss all Charges in the case with prejudice due to discovery violations by the Government. The Defense filed this motion with the Court on March 15th.

Access to Court Filings

Our office has received several inquires regarding access to court filings by the parties. The Reporters Committee for Freedom of the Press and the Center for Constitutional Rights have both submitted letters indicating that the public is not adequately being informed of the proceedings. Each organization has stated that the lack of accessibility to court filings promotes the perception that issues are being decided behind closed doors. The organizations also believe the lack of transparency undercuts the public's confidence in the fairness of the military justice system.

The Defense, in an effort to address the above concern, has requested authority to publish its motions and the Government's responses on our website. The Government has opposed this request. The Court has issued an Interim Order that the Defense may publish appropriately redacted versions of its motions, but only after the Government is provided with an opportunity to review the redacted filings and raise any objection with the Court.

The Defense is currently in the process of redacting the various motions filed at our last hearing on March 16, 2012:

a) Defense Motion to Compel Discovery;
b) Defense Reply Motion to Compel Discovery;
c) Defense Motion to Compel Depositions;
d) Defense Motion for Bill of Particulars; and
e) Defense Motion to Dismiss All Charges and Specifications with Prejudice

The Defense is also redacting its filings submitted on 29 and 30 March 2012:

a) Defense Motion to Dismiss the Aiding the Enemy Offense;
b) Defense Motion to Dismiss Specification 1 of Charge II;
c) Defense Motion to Dismiss Based Upon Unreasonable Multiplication of Charges; and
d) Defense Renewal of Motion to Compel Discovery of Computers

In accordance with the Court's guidance, the Defense will submit the redacted motions to the Court and Government on April 2nd. The Government will have until April 17th to state any objection that it has to the redacted filings. If the Government does not have any objections, or if any objection can be easily resolved, the Defense will be permitted to publicly release its filings. If the Government's objection cannot be resolved, the Defense will not be permitted to publicly release its filings and the issue will be addressed during our next hearing on April 24th through the 26th.

26 March 2012

Confinement Location

I have had several inquires regarding the current confinement conditions and location for PFC Manning. PFC Manning will be confined at Fort Leavenworth until the next Article 39 hearing. He is doing well and wishes to thank his supporters for their continued interest in his case.

To avoid switching the mailing address every few weeks, mail should continue to be sent to him at the unit address:

Commander,
HHC USAG Attn: PFC Manning
239 Sheridan Ave, Bldg 417
JBM-HH, VA 22211

All mail sent to this address will be routed to PFC Manning.

02 March 2012

Mailing Address

The new mailing address for PFC Manning is the following:

Commander, HHC USAG
Attn: PFC Manning
239 Sheridan Ave, Bldg 417
JBM-HH, VA 22211

As previously noted, PFC Manning is eligible to receive mail from anyone who wishes to write to him. However, the confinement facility does place certain restrictions on what can be sent to PFC Manning. The facility will reject any mail that violates postal regulations or contains obscenity, blackmail, contraband or threats. In addition, the facility has the following restrictions:

a) PFC Bradley Manning cannot receive any cash, checks, or money orders. Due to this additional restriction, our office will ensure that PFC Manning has sufficient funds in his detainee account to purchase items.

b) Photographs are only accepted if printed on copy paper. A maximum of six (6) pages are allowed. Pictures on photograph weight paper are not allowed.

c) Incoming mail will be returned to the sender if, in the opinion of the facility, such mail falls into any of the following categories: 1) Contains inflammatory material or advocates escape, violence, disorder or assault; 2) Directly or indirectly threatens the security, safety or order of the facility; 3) Contains coded or otherwise undecipherable language that prevents adequate review of the material; 4) Is received with "Postage Due"; or 5) Contains items of contraband.