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Bradley Manning Hearing: Notes from the Courtroom 10 December

WISE Up | 10.12.2012 23:39 | Anti-militarism | Repression | Terror War | World

CWO2 Denise Barnes, who made the decision to remove Manning's underwear, returned to the witness stand on Monday 10 December in Bradley Manning's unlawful pretrial punishment hearing (see Tweets below and this report from Kevin Gosztola).

For other court reports from this hearing, see notes from the courtroom: 7 Dec | 6 Dec | 5 Dec | 1-2 Dec | 30 Nov | 27-29 Nov | Bradley Manning's Testimony.

Sketch by Clark Stoeckley: Coombs x-examines CWO Barnes... back for more today
Sketch by Clark Stoeckley: Coombs x-examines CWO Barnes... back for more today

Order of witnesses for Monday 10 December: Defence cross examination of CWO Denise Barnes will conclude. Then, further government witnesses will be called:

(1) Major Zelek, Marine Corps Base Quantico former Inspector General
(2) 1st SGT Brian Williams HHQ Joint Base Meyer, Henderson Hall Senior Enlisted Officer (Manning current command)
(3) CPT Kasamada (sp.?) [correction: Casamatta] HHQ Joint Base Meyer, Henderson Hall Company Commander (Manning current command).
(4) The government decided in the end not to call Col. Carl Coffman, who was special court-martial convening authority, possibly after their previous witness, Kasamada [correction: Casamatta] not only turned out to be a helpful witness for the defence, but stopped to shake Brad's hand as he left the courtroom.



10 Dec: Bradley Manning's 'unlawful pretrial punishment' hearing – day 10

10 Dec: Key details on Bradley Manning's confinement were kept from Army Commander who visited regularly

7 Dec: Bradley Manning’s Defense Grills Former Brig Commanding Officer on Decision to Take Underwear (background on Denise Barnes' testimony on Friday 7 Dec)


10 Dec: Quantico staff denied outsiders facts on Bradley Manning's treatment

DAVID DISHNEAU (Associated Press)

David Dishneau has been attending the hearing.

10 Dec: Brig boss: Manning's treatment closely watched

8 Dec: (AP) Jailer: Bradley Manning needed to tell me he wanted out of solitary


Tweets are in roughly chronological order, earliest tweets first. The majority (those not preceded by initials) belong to Alexa O'Brien @carwinb. Others are marked as follows - NF: Nathan Fuller @nathanLfuller, KG: Kevin Gosztola @kgosztola, JR: Jesselyn Radack @JesselynRadack, AK: Adam Klasfeld @onearmedmaninc, MM: Mike McKee @ReallyMikeMcKee.
AS: Art Superheroes (Clark Stoeckley) @WikileaksTruck not present at court today.


NF: Back in Ft. Meade for Bradley Manning's Article 13 motion hearing. Quantico's second brig commander Denise Barnes will continue testifying.

JR: At Ft. Meade 4 Manning torture hearing Day 10. Glad 2 hear it mentnd on @NPR during drive thru dense fog (metaphor 4 Quantico confinement)

KG: Here at Ft. Meade for another day of Bradley Manning's "unlawful pretrial punishment hearing." (Still going? Yes, yes it is)

Remaining Govt witnesses: CWO2 Barnes (Brig Commander Jan 24 to when Manning moved to Fort Leavenworth) (con't)

Govt witnesses remaining: Major Zelek, Marine Corps Base Quantico former Inspector General (con't)

Govt remaining witnesses: 1st SGT Williams HHQ Joint Base Meyer, Henderson Hall Senior Enlisted Officer (Manning current command) (con't)

Govt remaining witnesses: CPT Kasamada (sp.?) [correction: Casamatta] HHQ Joint Base Meyer, Henderson Hall Company Commander (Manning current command) (con't)

Govt remaining witnesses: Col. Carl Coffman (former Special Convening Authority, to testify telephonically fr Afghanistan) (con't)

AK: Good morning from Ft. Meade, Md.

About to go into session.

KG: Bradley Manning's 'unlawful pretrial punishment' hearing, Day 10

AS: I don't think @nytkeIIer will be back to Ft. Meade. His account got suspended.

Defence cross-examination of CWO2 Denise Barnes continues from Friday

Breaking: General Flynn sent an email to Oltman, Choike, and others entitled, 'Hardly Water-boarding' re Manning

Breaking: Barnes admits that decision re Manning had to be run up the chain of command to General Flynn.

CWO2 Barnes: 'Normally Base Commander [Oltman] does not call the Brig OIC [her]'

Oltman passed to Barnes 'personal' instructions from Flynn by telephone' re Manning

The most defensive and evasive witness on the stand to date, CWO2 Barnes, crumbles with cross and Quantico emails.

CWO2 Barnes: 'At the end of the day in the military, you follow orders.' CWO2 Barnes told prosecution (and former MDW legal expert) in email she took Manning underwear, but did not put him on Suicide Risk.

CWO2 Barnes said CPT Haberland (former prosec & later MDW legal expert) wasn't concerned about her decision to take Manning underwear.

In Sec Battalion Commander Oltman email to Choike says that 'Barnes not alone and afraid' in her decision to take Manning underwear.

Barnes admitted on witness stand that she called Oltman before executing removing Manning underwear.

Manning so called 'advocate' counselor called his weekly reports re Manning that went up chain of command, the "Manning Times"

Barnes was aware that highest ranking lawyer in the Marine Corps approvd of her decisions re Manning 'underwear removal no Suicide Risk'

Barnes sent email to her subordinates that said, "Major General Arri (sp) things we are doing business the right way"

Barnes to Coombs: Let me tell you, Sir, I don't take this crap lightly. (re 'Blenis 'dicks' email)

Defense: What is the longest you had someone on POI...while at Quantico [other than Manning]? Barnes: 'few days or a couple weeks'

Re: 'dicks" email. Barnes: If 1 comment is not professional, not gonna get me to say [roughly GYSGT Blenis not fit as Manning counselor ]

AK: Coombs probed Barnes' tricky memory about key Jan. 14, 2011 incident about how high Manning's confinement orders came.

AK: Barnes claimed she couldn't remember the details, acknowledged that she knew there was an argument between Col Oltman and Capt Hocter

AK: Reminder: Oltman = security battalion commander; Hocter = Manning's brig psychologist.

AK: Oltman = "Nothing's going to happen to Pfc. Manning under my watch." Key to defense argument. See convo here.

AK: Barnes said she could not remember/hear the details. Acknowledged heard something like it. Remembered dimensions of room. (cont'd)

AK: Now about hearing: Defense says Quantico staff calling Manning's underwear "panties" in emails shows homophobia and transphobia at brig.

AK: Two Marines, both men, have said they commonly describe their own and other peoples' underwear as panties.

AK: To clarify, their testimony minimizing "panties" remark. They claimed it was routine. CW-2 Barnes testimony disputed that.

AK: Coombs building an argument that it was homophobia at brig. The male Marines said that this was routine, not biased.

AK: Current witness, CW-2 Denise Barnes called it unprofessional and says she prefers saying "underwear."

KG: CWO2 Barnes said this NY Daily News story on Manning's torture being exaggerated affirmed Brig's actions

KG: "Hardly waterboarding. Hardly electrodes on genitals. Hardly beatings. Hardly burns." Hardly anything for Barnes to worry about

KG: CWO2 Barnes weighed in on issue of whether Marines might call underwear "panties." She said drill instructors make jokes

KG: Defense finishes cross-examining CWO2 Barnes. She seems to be under impression she's being prosecuted here. Very defensive

Government re-examination of CWO2 Denise Barnes

Winning! Govt's first question after Coombs: Does CORMUS have spell check?

"Did CORMIS have spell check?" govt asked. Inane ? seemingly broke court equipment, as court went to recess to fix recording issue

JR: Much more belligerent Barnes today. On indefinite recess b/c court reporter device not recording.

JR: Barnes: Finds "Give Manning his panties back" (Papakie) & "We felt like bring dicks" (Blenis) comments unprofessional but not significant

JR: If US military tortured an American, you'd think ppl wud care--even those who ignore non-citizen torture. 5 spectators at Manning hrg.

JR: Manning recessed until 1:00pm b/c of broken recorder.

Coombs re Flynn's email re 'Hardly Water boarding' article about my 'masterminding a scheme to portray my client as a victim..'

Blenis email (Manning 'counselor') 'Attached is the latest Manning Times' (re weekly report)

Court Reporter machine is fixed...but parties called lunch. We are on break until 1pm.

Alexa O'Brien summarises

Manning was watched 100% of the time on POI and SR, on SR he had someone outside his cell where he could see, taking notes.

Guards observed Manning showering and taking a shit on both SR and POI, and kept a log book just for him.

Barnes removed Manning's underwear but didn't classify him as SR. Previously testified did not think he was suicidal/made suicidal gesture.

From 29 July to December Manning go twenty minutes of 'sunshine call' in full restraints when on POI. When on SR, he didn't get that.

Manning: I would stand up to the front of the door...standing at parade rest, and I would...and I would announce through to the escorts in the observation room...I would announce, "Lance Corporal, detainee Manning requests permission to use toilet paper" (Nov 29)

Coombs: So, other than that, your estimation is that it is roughly the same [Prevention of Injury and Suicide Risk]?

Manning: ...I mean the distinction is so low that I wouldn't really...I mean it's a is sort of a big difference in terms of from my perspective I didn't have to have somebody sit right outside of my cell all the time...directly outside of my cell. There was at least, the appearance of them not being there, but they were still sitting there. So, it was roughly the same... I would say ninty per cent the same. (Nov. 29)

NEEDS CONFIRMATION Checking my notes for exact witness (early on in hearing) official said apparently DOD does not use word 'detainee'

DoD uses term pre and post trial 'prisoner' Question as to Why? NDAA? Indefinite detention?

More on this later when I have time to get exact witness statement

Kevin Gosztola's notes from the morning session

KG: Updates from morning's proceedings at Bradley Manning's "unlawful pretrial punishment" hearing here.

KG: To CWO2 Barnes, solitary confinement is Brig locking detainee up & no officers/staff ever coming back to check on that person

KG: Basically, Brig let's you rot & die in your cell. So that's how CWO2 Barnes can say doesn't exist in military brigs

A note from Nathan Fuller

NF: Maj Gen Ary, highest-ranking Marine lawyer, who made rare visit to Quantico to review (& condone) Manning's conditions

Afternoon session

We are about to go back into session. Scheduled 1pm. EST. No filing, tweeting allowed during Court. See you on the flip side.

KG: Coming back from lunch recess now. Brig OIC who took Bradley Manning's underwear is still on the witness stand.

AS: I hope they keep her there all day so I don't miss the next witness.

Breaking: Barnes says to Judge 'nothing in SEC NAV [instruction]' gave her authority to remove clothing, since Manning not on SR.

Oh boy! Government re-examination of Barnes. #Total #FAIL.

Barnes testifies that her cited rule in SEC NAV giving her authorization to remove Manning a mistake on her part.

Barnes testified staff advised her later on 2 Mar since she didnt place Manning on SR, & did not consider him suicidal rule didnt apply

KG: CWO2 Barnes: nothing in instructions Quantico was following for removal of underwear from detainee if not placed on suicide risk

Yes, Barnes took Manning underwear away from him every night till he left Quantico April 20, 2011.

Re SECNAV Barnes to Judge: To be honest...there is nothing...that says clothing may be removed... (She continues)

Govt: How does CORMUS and Word doc compare? Barnes: [This document] Not verbatim. (Yikes. Beginning of Govt re-examination.)

Barnes: CORMUS… [documents are] very different, [CORMUS] listed recommendation up front… (in response to Govt questions)

Judge: Captain Van Elten, what are you trying to get at? (Judge interrupts Government's re-examination)

KG: CWO2 Barnes suggests MAX custody would be to protect a detainee or prisoner but that's not protective custody

Spell check question from Govt is re defense questioning credibility of this doc. (fixed, no question mark)

Barnes: 'I friggin take it personal when ppl say I have something personal against Manning or any other detainee' (part of 5 min rant)

KG: CWO2 Barnes said she was "pissed" when transfer date to Leavenworth was leaked

Barnes admits had seen Quantico vid of 18 Jan 2011 incident b/f testimony on transcript; but not all of it (CD broken)

KG: CWO2 Barnes: "Don’t have problem w/ people reporting things up chain or whatever, whether they call it whistleblowing or whatever"

Barnes testified her impression was underwear comment on 2 Mar came after Manning received additional charges & Choike response re Art 138

JR: Barnes unhinged aft Judge's qu's, re-direct & re-cross: Went on tirade abt being a wife, mom, work wkd B/c this is all abt HER, not Manning

Barnes testifies received email early 2Mar (same day she later removed underwear after she says Manning comment) re add charges for that day

Barnes 2 Coombs: "No Incident Report on naked Manning episode, not a big deal. Barnes 2 Judge: "There should've been an Inc't Rep."

JR: Barnes: Some of the prisoners N general population R "patriotic" & could've threatened Manning--another reason kept him N solitary.

More government witnesses take the stand

(1) Major Zelek, Marine Corps Base Quantico former Inspector General
(2) 1st SGT Brian Williams HHQ Joint Base Meyer, Henderson Hall Senior Enlisted Officer (Manning current command)
(3) CPT Kasamada (sp.?) [correction: Casamatta] HHQ Joint Base Meyer, Henderson Hall Company Commander (Manning current command)

KG: Officials in higher ranks of Marine Corps Headquarters had no interest in launching investigation into Quantico

KG: Maj. Zelek decided to launch his own investigation into Quantico because he believed reports in media were unfair

AK: 1st Sgt. Brian Williams said that Manning did not seem reluctant to talk, contradicting prior testimony

KG: 15 Dec to 27 Dec '11 - Maj. Zelek said 500-1000 phone calls came into Quantico regarding PFC Manning

Two witnesses have testified Quantico former Inspector General and on Senior Enlisted Officer in Manning current command.

Breaking: Manning own commanding officer thought he was placed on 'increased status' vis SR in March re removal of underwear. He was not.

Captain Kasamada (sp) was in short the Govt witness who was really a defense witness.

Army Captain Kasamada (sp) Manning current commanding officer shook Manning hand on exit from Court.

Army CPT Kasamada (sp) Manning current commanding officer said Manning 'intelligence & articulate'

CPT Kasamada (sp) said w/' luxury of looking from outside' he thought if you knew Manning could tell underwear comment 'tongue and [in] cheek'

CPT Kasamada (sp) said 'He is intelligence [intelligent] and articulate....He wouldn't have such thought of killing himself with underwear.'

KG: Army chain of command officers visiting Manning at Quantico were never notified psychs were recommending he be taken off POI status

On cross CPT Kasamada (sp) said Brig did not tell him that the forensic psych's were recommending Manning come of POI.

KG: Casamatta, from Manning's Army chain of command: “Believe he just wouldn’t have such thoughts of killing himself w/ his underwear”

CPT Haberland frm prosecution, former MDW 'legal expert' spokesperson for press gave Manning current command check list they used on visits

JR: I sit N courtroom 4 moments like this: Kasamata, who learned he'd totally been totally duped by Quantico, shaking Manning's hand upon exit.

In the Manning trial pretrial judge was DoJ prosecutor, and pretrial MDW spokesperson is former Military prosecutors (same investigation)

But, hey! Take heart. NY Times thinks Barnes was a credible witness, after showing up for three hours.

JR: We lawyers call that "signaling"-- a big f*ck you 2 the prosecution when govt witness comes over & shakes Manning's hand apologetically.

NF: Army captain, who believed Quantico when Manning's conditions were explained, was never told that psychiatrists recommended normal treatment

We are going back in. Manning had testified his current company commander was 'awesome'

KG: Govt wraps its case on why it believes Bradley Manning wasn't subjected to "unlawful pretrial punishment"

Court is now in recess. Press report 8:30 to 9am Visitor Control Center. Public should know begins at 10am.

NF: Army captains Williams & Cassamata (sp?) done. Government will not call Col. Coffman. Court is recessed until 10 AM tomorrow.

The other witness to shake Manning hand was apparently CPT Hocter forensic psychiatrist at Quantico (a defense witness)

Oral Arguments begin tomorrow. Govt decided not to call Col. Coffman, former Special Convening Authority.

Good night. Working on transcripts.

MM: There was a borderline Mommy Dearest moment for one witness today.


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Illustrations from the court room by Clark Stoeckley of WikiLeaks Mobile Information Collection Unit: Photos on

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