FacebookTwitterGoogle+RedditEmail

The Programs Manning Used Weren’t Prohibited

by NATHAN FULLER

The second week of Bradley Manning’s court martial began with forensics experts returning, testimony from someone who shared Bradley’s computer, and updates on stipulations of expected testimony, but that all came after more questions about media access.

Stenographers deserve trial access

Judge Denise Lind received a motion from a third-party to allow for the Freedom of the Press Foundation’s crowd-funded stenographers to be credentialed for the media center at Ft. Meade, to provide an unofficial transcript of the proceedings. Judge Lind wouldn’t rule on the motion since it didn’t come from the defense or government, but defense lawyer David Coombs stood briefly to support it. He said the motion assists Bradley’s Sixth Amendment right to a public trial and the First Amendment right to a free press.

Forensic expert: Wget not explicitly prohibited

David Shaver, head of forensic investigations for the Army Criminal Investigations Unit, has been called a few times and will likely be called back frequently to discuss the investigation of Bradley’s computer. He testified today about his review of Bradley’s searches on Intelink, the military’s secure version of Google.

Shaver testified about Bradley’s searches for ‘WikiLeaks,’ which started on December 1, 2009, and for ‘Julian Assange’ and ‘Iceland.’ A few times, his searches for WikiLeaks brought him to the Army’s 2008 Counterintelligence Special Report, but Shaver could only confirm that he successfully reached that report once.

He also talked about the program Wget, which automates downloading from the internet. Shaver said the program wasn’t specifically authorized with a Certificate of Net Worthiness (CON), but that it wasn’t prohibited either, and not having a CON didn’t mean it wasn’t allowed.

Fellow analyst: mIRC chat, other programs not prohibited

Chad Madaras was in the 2nd Brigrade 10th Mountain division along with Bradley Manning, so they were together in Ft. Drum before deploying and then together in FOB Hammer in Iraq. In Baghdad, they worked in the same unit and used the same computer but on opposite shifts: Bradley worked at night, Chad during the day.

Their shared computer was frequently slow and required ‘reimaging’ – wiping the computer fully and starting over new – multiple times. Therefore, analysts were expected to save files to CDs or to a shared drive to prevent losing any data.

Madaras testified that everyone else in their Sensitive Compartmented Information Facility (SCIF) used mIRC, a chat program Bradley said he used. Madaras also confirmed that music, movies, and video games were on the shared drive that all analysts could access. They weren’t explicitly allowed, but they weren’t banned either. This lends itself to the question of whether Bradley “exceeded authorized access” – the government contends he added programs that he wasn’t allowed to have.

He also confirmed that it wasn’t prohibited to explore the SIPRNet, the Secret-level, military-wide internet, for other regions of the world beyond mission scope. Bradley perused the State Department diplomatic database, and while others may not have done so, it hasn’t been established that this was a violation.

Stipulations continue 

We also heard the stipulations of expected testimony of Steve Buchanan, an NSA contractor who confirmed some basic facts about Intelink, which Shaver delved into further.

The defense and government took a two-hour lunch break to continue working on more stipulations. The military’s subject matter expert tells us that twelve stipulations have been agreed to, eight more are under negotiation, and several more may be on the way.

Tweets on trial 

After nearly a three-and-a-half hour lunch break, Army CID Special Agent Mark Mander testified about his contribution in the investigation of Bradley Manning, which he called “probably one of the largest and most complicated investigations we’ve ever had.”

Mander said he used Archive.org to find a 2009 version of WikiLeaks.org that allegedly shows a ‘Most Wanted Leaks’ list of desired documents, and used Google Cache to retrieve WikiLeaks’ 2010 tweets asking for ‘.mil addresses’ and for ‘super computer time’ upon receipt of an encrypted video. The prosecution wants to authenticate these documents as relevant to Bradley’s mindset at the time of the 2010 disclosures.

But the defense established that Mander has no personal knowledge of how Archive.org or Google Cache works, whether either had been hacked, whether tweets can be deleted, or whether Bradley had viewed those pages and tweets at that time.

The defense also presented an alternate version of the ‘Most Wanted Leaks’ page, which was similar but which introduced the list as the concealed documents most sought after by journalists, lawyers, police, and human rights investigators. Judge Lind accepted both versions as evidentiary exhibits.

Sheila Glenn: Army Counterintel couldn’t confirm that enemies used WikiLeaks

Ft. Meade’s Sheila Glenn works on Army cyber counterintelligence, and she testified about the 2008 Army Counterintelligence Special Report, which she reviewed and which speculated whether foreign intelligence services or terrorist groups used or could use WikiLeaks.org to gather U.S. defense information.

She mostly confirmed important elements of the report. She read aloud,

some argue, Wikileaks.org is knowingly encouraging criminal activities such as the theft of data, documents, proprietary information, and intellectual property, possible violation of national security laws regarding sedition and espionage, and possible violation of civil laws. Within the United States and foreign countries the alleged ―whistleblowers‖ are, in effect, wittingly violating laws and conditions of employment and thus may not qualify as ―whistleblowers protected from disciplinary action or retaliation for reporting wrongdoing in countries that have such laws.

She confirmed,

Wikileaks.org supports the US Supreme Court ruling regarding the unauthorized release of the Pentagon Papers by Daniel Ellsberg, which stated that ―only a free and unrestrained press can effectively expose deception in government.

A primary point of contention regarded ‘intelligence gaps,’ a subsection of the report under which it’s asked,

Will the Wikileaks.org Web site be used by FISS, foreign military services, foreign insurgents, or terrorist groups to collect sensitive or classified US Army information posted to the Wikileaks.org Web site?

Glenn testified that intelligence gaps could fall within a range of certainty, from points of knowledge that the Army wanted to confirm, to subjects about which it knows very little. At the time, she said, Army Counterintelligence could not confirm that foreign intelligence services, adversaries, or terrorist groups did collect information from WikiLeaks.org.

Nathan Fuller, a writer for the Bradley Manning Support Network, where this dispatch also appeared. He can be reached at Nathan@bradleymanning.org

More articles by:
May 30, 2016
Ron Jacobs
The State of the Left: Many Movements, Too Many Goals?
James Abourezk
The Intricacies of Language
Porfirio Quintano
Hillary, Honduras, and the Murder of My Friend Berta
Patrick Cockburn
Airstrikes on ISIS are Reducing Their Cities to Ruins
Uri Avnery
The Center Doesn’t Hold
Raouf Halaby
The Sailors of the USS Liberty: They, Too, Deserve to Be Honored
Rodrigue Tremblay
Barack Obama’s Legacy: What Happened?
Matt Peppe
Just the Facts: The Speech Obama Should Have Given at Hiroshima
Deborah James
Trade Pacts and Deregulation: Latest Leaks Reveal Core Problem with TISA
Michael Donnelly
Still Wavy After All These Years: Flower Geezer Turns 80
Ralph Nader
The Funny Business of Farm Credit
Paul Craig Roberts
Memorial Day and the Glorification of Past Wars
Colin Todhunter
From Albrecht to Monsanto: A System Not Run for the Public Good Can Never Serve the Public Good
Rivera Sun
White Rose Begins Leaflet Campaigns June 1942
Tom H. Hastings
Field Report from the Dick Cheney Hunting Instruction Manual
Weekend Edition
May 27, 2016
Friday - Sunday
John Pilger
Silencing America as It Prepares for War
Rob Urie
By the Numbers: Hillary Clinton and Donald Trump are Fringe Candidates
Paul Street
Feel the Hate
Daniel Raventós - Julie Wark
Basic Income Gathers Steam Across Europe
Andrew Levine
Hillary’s Gun Gambit
Jeffrey St. Clair
Hand Jobs: Heidegger, Hitler and Trump
S. Brian Willson
Remembering All the Deaths From All of Our Wars
Dave Lindorff
With Clinton’s Nixonian Email Scandal Deepening, Sanders Must Demand Answers
Pete Dolack
Millions for the Boss, Cuts for You!
Gunnar Westberg
Close Calls: We Were Much Closer to Nuclear Annihilation Than We Ever Knew
Peter Lee
To Hell and Back: Hiroshima and Nagasaki
Karl Grossman
Long Island as a Nuclear Park
Binoy Kampmark
Sweden’s Assange Problem: The District Court Ruling
Robert Fisk
Why the US Dropped Its Demand That Assad Must Go
Martha Rosenberg – Ronnie Cummins
Bayer and Monsanto: a Marriage Made in Hell
Brian Cloughley
Pivoting to War
Stavros Mavroudeas
Blatant Hypocrisy: the Latest Late-Night Bailout of Greece
Arun Gupta
A War of All Against All
Dan Kovalik
NPR, Yemen & the Downplaying of U.S. War Crimes
Randy Blazak
Thugs, Bullies, and Donald J. Trump: The Perils of Wounded Masculinity
Murray Dobbin
Are We Witnessing the Beginning of the End of Globalization?
Daniel Falcone
Urban Injustice: How Ghettos Happen, an Interview with David Hilfiker
Gloria Jimenez
In Honduras, USAID Was in Bed with Berta Cáceres’ Accused Killers
Kent Paterson
The Old Braceros Fight On
Lawrence Reichard
The Seemingly Endless Indignities of Air Travel: Report from the Losing Side of Class Warfare
Peter Berllios
Bernie and Utopia
Stan Cox – Paul Cox
Indonesia’s Unnatural Mud Disaster Turns Ten
Linda Pentz Gunter
Obama in Hiroshima: Time to Say “Sorry” and “Ban the Bomb”
George Souvlis
How the West Came to Rule: an Interview with Alexander Anievas
Julian Vigo
The Government and Your i-Phone: the Latest Threat to Privacy
FacebookTwitterGoogle+RedditEmail