27 July 2012

Unlawful Pretrial Punishment Motion

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.

11 July 2012

Defense Motions for July 16-20 Hearing

The Defense has received authorization to publish the following motions:
1)  Defense Motion for Specific Instructions: The Specification of Charge I;
2)  Renewed Motion to Dismiss for Failure to State an Offense Specifications 13 and 14 of Charge II; and
3)  Defense Targeted Brief on Absence of Harm.


The Defense has also filed, but not yet received authorization to publish, the following motions for the next hearing:
1)  Defense Request for Witnesses for Unlawful Pretrial Punishment;
2)  Defense Response to Government Motion for FBI Substitution;
3)  Defense Response to Government Motion to Amend Protective Order; and
4)  Defense Response to Government Motion to Pre-admit.


Finally, later today the Defense will file the following additional motions:
1)  Defense Reply to Government Response to Renewed Defense Motion to Dismiss for Failure to State and Offense: Specifications 13 and 14 of Charge II;
2)  Defense Reply to Government Supplemental Response to Defense Motion to Compel Discovery #2;
3)  Defense Reply to Government Response to Defense Motion for Specific Instructions: The Specification of Charge I;
4)  Defense Reply to Government Response to Defense Requested Instruction: Specification 1 of Charge II;
5)  Defense Reply to Government Response to Defense Requested Instruction: Specifications 4, 6, 8, 12, and 16 of Charge II;
6)  Defense Reply to Government Response to Defense Requested Instruction: Specifications 2, 3, 5, 7, 9, 10, 11, and 15 of Charge II; and
7)  Defense Reply to Government Response to Defense Requested Instruction: Specification 13 and 13 of Charge II.