wikileaks Tag Archives — Court-Martial Trial Practice Blog

Pretrial and trial publicity

October 18, 2010 | The Law Office of Philip D. Cave

Federal Evidence Review references:

In conspiracy and arson trial, reversing and remanding when trial court failed "to make adequate inquiries regarding news stories" that appeared during deliberations and their impact on juror’s deliberations; the judge erroneously failed to explore "whether any juror heard any of the information" and its impact on the jury, in United States v. Waters, __ F.3d __ (9th Cir. Sept. 15, 2010) (No. 08-30222)

The Ninth Circuit recently considered the trial court’s responsibilities to make specific inquiry of jurors when "adverse publicity occurs during deliberations" of the jury. The case can help clear up confusion about the role of the trial court, particularly in light of FRE 606(b) limiting inquiry into a verdict.

Wikileaks-Manning update 14

August 28, 2010 | The Law Office of Philip D. Cave

USNavySEALS.com reports a possible widening of the Wikileaks – Manning investigation:

Former computer hacker Adrian Lamo (who pointed federal authorities to the Army Intelligence analyst who allegedly leaked the documents, Bradley Manning), has implicated two men in the Boston area in the controversy. Lamo shared that these two men have told him through phone conversations that they provided Manning with assistance, in the form of encryption software. They also allegedly taught Manning how to use the software.

Up periscope

August 22, 2010 | The Law Office of Philip D. Cave

Coast Guard Report reports that:

Commander, Naval Network Warfare Command, Rear Adm. Edward H. Deets III, relieved Cmdr. Mary Ann L. Giese, commanding officer of U.S. Naval Computer and Telecommunications Station (NCTS) Bahrain Aug. 21 due to loss of confidence in her ability to command.

The decision to relieve Giese comes after a preliminary investigation into allegations that she had been involved in inappropriate relationships with other Navy personnel.

Wiki[shush]-Manning update

June 18, 2010 | The Law Office of Philip D. Cave

An Army intelligence analyst suspected of leaking classified information to Wikileaks has still not been charged with any crime, three weeks after being arrested and put in pre-trial confinement.

This is not an unusual time. Under Article 10, UCMJ, the government has a 120 window. However, that does not mean that the charges can or will be dismissed if the government takes longer than the 120 days.

However, in the meantime here is some of the back-story which may have some relevance to SPC Manning currently in pretrial confinement at Camp Arifjan.