Transcripts of US v Pfc. Manning, Apr 10 2013 to Aug 21 2013

Alexa O'Brien filed this request with the US Army, Office of the Judge Advocate General of the United States of America.
Status
Completed

Communications

From: Alexa O'Brien

To whom it may concern,

This letter constitutes a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and is submitted on behalf of journalist Alexa O’Brien.

I seek all transcripts for the court-martial of Pfc. Bradley Manning (US v. Private First Class Bradley Manning) between the dates of April 10, 2013 and August 21, 2013.

Pretrial:

Transcript of US v Pfc. Manning, Article 39(a) Motion Hearing, 04/10/13
Transcript of US v Pfc. Manning, Article 39(a) Motion Hearing, 05/07/13
Transcript of US v Pfc. Manning, Article 39(a) Motion Hearing, 05/21/13

Trial:

June 3, 2013 to August 21, 2013

To include expedited closed session transcripts. The military judge ruled that military prosecutors must provide expedited transcripts of any closed session witnesses.

https://www.documentcloud.org/documents/712624-20130521-ae-550-order-to-closed-certain.html

May 8, 2013

Ambassador Don Yamamoto, Department of State. (Noted in my personal transcript for the May 7, 2013 Article 39(a) Session.)

July 31, 2013

Mr. John Kirchhofer, Defense Intelligence Agency

August 1, 2013

Elizabeth Dibble, Department of State, Principal Deputy Assistant Secretary, Bureau of Near Eastern Affairs

John Feeley, Principal Deputy Assistant Secretary, Bureau of Western Hemisphere Affairs, Department of State

August 2, 2013

Ambassador Michael Kozak, Department of State

August 6, 2013

Major General Michael Nagata, Joint Staff, Pentagon

Colonel Julian Chestnut, Defense Intelliegence Agency

August 7, 2013

James McCarl, JIEDDO

Adam Pearson, JIEDDO

August 9, 2013

Rear Admiral Kevin Donegan, Naval Warfare Integration, Pentagon

Major General Kenneth McKenzie, USMC Headquarters Staff

On April 1, 2013 I filed a Freedom of Information Act Request FA-13-0022 for transcripts between December 16 2011 to March 1, 2013. This Freedom of Information Act is for dates between April 10, 2013 to August 21, 2013.

I am a “representative of the news media” for fee waiver purposes. See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362, 363, 365 (D.C.D. 1989). My work has been published in The Cairo Review of Global Affairs, Guardian UK, Salon, and featured by PBS Frontline, On The Media and Public Radio International. Based on my status as a “news media” requester, I am entitled to receive the requested record with only duplication fees asserted. Further, because disclosure of this information will “contribute greatly to the public understanding of the operation or activities of the government,” duplication fees should be waived.

There is a compelling need for the requested documents such that expedited processing is appropriate. I am engaged in disseminating information. There exists an urgent need to inform the public concerning actual or alleged Federal Government activity. As 5 U.S.C. § 552(a)(6)(E)(ii)(I) provides, I will anticipate your determination on our request within ten (10) calendar days.

I requests that in the event that access to any of the requested records is denied pursuant to 5 U.S.C. § 552(b), I be provided with all non-exempt portions which are reasonably segregable. I further request that you describe the deleted material in detail and specify the statutory basis for the denial as well as your reasons for believing that the alleged statutory justification applies in this instance. Please separately state your reasons for not invoking your discretionary powers to release the requested documents. Such statements will be helpful in deciding whether to appeal an adverse determination, and in formulating arguments in case an appeal is taken. I reserve my right to appeal the withholding or deletion of any information and expect that you will list the office and address were such an appeal can be sent.

I requests that documents responsive to this request be provided to me in electronic format on a CD-ROM.

Thank you in advance for your prompt attention to this request.

Sincerely,

Alexa O’Brien

From: Cosgrove, Charles A CIV (US)

Classification: UNCLASSIFIED
Caveats: NONE

Ms. O’Brien,

The record of trial in US v. Manning is being processed, but is not yet complete. Once it is completed the trial transcript will be posted to the DA FOIA site with the other Manning materials. The posted transcript will not contain classified matters, and may have other redactions once posted to the DA FOIA site. I cannot predict when the trial transcript will be posted.

Your request for the transcripts for certain named individuals seems to be repeat request. We responded to that request on January 8, 2014. Please see the attached email.

V/R

Charlie Cosgrove
Charles A. Cosgrove
Chief, Programs Branch
Department of the Army
Office of The Judge Advocate General
Criminal Law Division, Room 3B548
2200 Army Pentagon
Washington DC 20310-2200
571-256-8137 (voice)
charles.a.cosgrove.civ@mail.mil

ATTORNEY CONFIDENTIALITY NOTICE - FOR OFFICIAL USE ONLY

CAUTION: The information contained in this email and any accompanying attachments may contain Freedom of Information Act protected information, including attorney-client or attorney work product privileged information. This information may not be released outside of the Department of Defense without prior authorization from the Office of The Judge Advocate General, Department of the Army. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is prohibited. If you receive this email in error, please notify this office immediately by return email (see 5 U.S.C. Section 552 and Army Regulations 25-55 and 27-26).

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Pike, Deborah E LTC USARMY HQDA OTJAG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Ms. O'Brien,

As we have stated in the responses to both FA-12-0022 and FA-14-0013, all prosecution exhibits, defense exhibits, and appellate exhibits have been posted on the United States Army Freedom of Information Act Electronic Reading Room, at https://www.rmda.army.mil/foia/FOIA_ReadingRoom/index.aspx. Information has been withheld in accordance with FOIA exemptions (b)(1) classified national security information, (b)(6) information about individuals, the disclosure of which would constitute a clearly unwarranted invasions of personal privacy, and (b)(7)(c) information compiled for law enforcement purposes.

All closed sessions transcripts ordered by the military judge to be expeditiously released have been redacted in accordance with FOIA exemption (b)(1) classified national security information and have been posted to the reading room. Ambassador Yamamoto did not testify during the trial. The transcript of the May 7, 2013, Article 39(a) session concerning Ambassador Yamamoto does not fall under the military judge’s for release of unclassified and redacted versions of transcripts. The Article 39(a) session is classified, and has been sealed by the court; therefore, we must deny your request for transcripts pertaining to Ambassador Yamamoto.

The remaining transcript from the court-martial is being reviewed by the military judge and may not be released until it has been authenticated. Once we receive that it will be posted on the reading room as well. We anticipate that we will have all documents posted by the end of March.

Please call me if you would like to discuss this further.

Sincerely,

LTC Pike

v/r
LTC Deborah E. Pike
Policy Branch Attorney
Criminal Law Division, OTJAG
Pentagon Room 3B548
(571) 256-7870, DSN 260

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 9, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Cipriano, Marc David LTC USARMY HQDA OTJAG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Ms. O'Brien:

Please take me off of all of your email correspondence.

Thank you.

M. Cipriano

From: Kiel, John L Jr LTC USARMY HQDA OTJAG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Ms. O'Brien,
Please delete me from your distro list. I have nothing to do with FOIA requests. Thank you much.

V/r,
LTC K

LTC John L. Kiel, Jr.
Policy Branch Chief, Criminal Law Division
Office of the Judge Advocate General
Pentagon Room 3B548
571-256-8136
DSN 260-8136

From: Cosgrove, Charles A CIV USARMY HQDA OTJAG (US)

Classification: UNCLASSIFIED
Caveats: NONE

Ma'am,

This is an apparent automated request - as you can see we did respond - the response is in the email that you sent to us.. Also please see the attached email.

Charlie Cosgrove
Charles A. Cosgrove
Department of the Army
Office of The Judge Advocate General
Criminal Law Division, Room 3B548
2200 Army Pentagon
Washington, DC 20310-2200
charles.a.cosgrove.civ@mail.mil
571-256-8137 (voice)

ATTORNEY CONFIDENTIALITY NOTICE - FOR OFFICIAL USE ONLY

CAUTION: The information contained in this email and any accompanying attachments may contain Freedom of Information Act protected information, including attorney-client or attorney work product privileged information.
This information may not be released outside of the Department of Defense without prior authorization from the Office of The Judge Advocate General, Department of the Army. If you are not the intended recipient of this information, any disclosure, copying, distribution, or the taking of any action in reliance on this information is prohibited. If you receive this email in error, please notify this office immediately by return email (see 5 U.S.C. Section 552 and Army Regulations 25-55 and 27-26).

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