Government rests its case against Bradley Manning: trial report, day 14
Bradley Manning’s trial is in a long closed session for the testimony of DIA counterintel agent Daniel Lewis. The judge ruled on the government’s motion for judicial notice, and partially qualified Lewis as a CI expert. We’ll update this post later today.
By Nathan Fuller, Bradley Manning Support Network. July 2, 2013.
Update 4:15pm ET
The government rests its case against PFC Bradley Manning. Prosecutor Maj. Ashden Fein announced that the government had submitted all of its evidence, and that it no longer intends to present evidence regarding the “classified enemy” that it referenced in its bill of particulars.
The defense will begin presenting its case on Monday, July 8, at 9:30am ET.
The announcement came directly after a two-and-a-half-hour classified session, closed off to the press and public, in which DIA’s Daniel Lewis testified about counterintelligence and his knowledge regarding the value of classified information to foreign intelligence services.
Not much to report yet on the 14th day of Bradley Manning’s court martial. Court opened at 11am for two rulings and promptly recessed for a lunch break followed by a closed session to elicit classified information.
First, Judge Denise Lind granted the government’s motion to admit three items for judicial notice: that Julian Assange was in Iceland in 2010 and working on the Icelandic Modern Media Initiative, that Lt. Col. Lee Packnett was quoted in the New York Times regarding WikiLeaks, and that a New Yorker profile of Assange (titled ‘No Secrets’) was published in June 2010.
DIA agent expert in CI, but not value of classified docs
The government has offered DIA counterintelligence and counterespionage agent Daniel Lewis as an expert in counterintelligence (CI) and valuing classified information. The defense stipulates that Lewis is an expert in CI generally, but contends that he’s not an expert in offensive CI operations or in valuing classified documents.
Lewis’ testimony, particularly if qualified as on expert on evaluating information, would be useful for the government’s 18 USC 641 (federal larceny) charges (see our day 13 report for more on Lewis and those arguments).
After brief questioning yesterday in open court, the parties moved to a classified session, closed off to the press and public, which lasted approximately two hours.
Judge Lind ruled on Lewis’s testimony in open court, but said that she also filed a classified supplement that won’t be read to the press and public. She ruled that she will consider Lewis an expert in CI generally (incorporating “all facets,” meaning including offensive operations, of CI), but that she won’t qualify him as an expert on valuing classified information. She said Lewis “may testify and offer an opinion with regard to the value of certain charged documents upon laying a proper foundation within the parameters of the oral classified supplement to this ruling.”
The court is in recess until 1:30pm, and then will be in a closed session until 3:30pm, at which point the parties expect to return to open court.
I’ll update this post later today.