Author Topic: USvManning,PatrickF.Kennedy,UnderSecretary,Management,Department ofState  (Read 1320 times)

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Witness |US v PFC Manning, Patrick F. Kennedy, Under Secretary, Management, Department of State

By Alexa O'Brien ( #FF https://twitter.com/#!/carwinb ) on June 5, 2012

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This is a working in progress and is incomplete.
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General Description:

-In July, the US State Department, according to Patrick Kennedy, Under Secretary for Management and Witness No. 44 on the Defense's Article 32 Witness List, worked with the Department of Defense on the Information Review Task Force "to review any purported State material in the release and provide an assessment, as well as a summary of the overall effect the WikiLeaks release could have on relations with the host country." That work, according to Kennedy, was concluded in August 2010.

    "When DoD material was leaked in July 2010, we worked with DoD to identify any alleged State Department material that was in WikiLeaks' possession. We immediately asked Chiefs of Mission at affected posts to review any purported State material in the release and provide an assessment, as well as a summary of the overall effect the WikiLeaks release could have on relations with the host country." (Source: Testimony of Patrick F. Kennedy, Under Secretary for Management, Statement Before the Senate Committee on Homeland Security and Governmental Affairs, March 10, 2011)

-Jul thru Aug 2010, State Dept works with DOD Information Review Task Force to identify State Dept material in WikiLeaks possession. Chiefs of Mission reviewed any material in the release and provided assessment and summary of overall effect in their host country. This review was completed in August 2010.

    "When DoD material was leaked in July 2010, we worked with DoD to identify any alleged State Department material that was in WikiLeaks' possession. We immediately asked Chiefs of Mission at affected posts to review any purported State material in the release and provide an assessment, as well as a summary of the overall effect the WikiLeaks release could have on relations with the host country." (Source: Testimony of Patrick F. Kennedy, Under Secretary for Management, Statement Before the Senate Committee on Homeland Security and Governmental Affairs, March 10, 2011)

-Aug 2010, State Dept completes work with DOD Information Review Task Force, to identify State Dept material in WikiLeaks possession. Chiefs of Mission reviewed any material in the release and provided assessment and summary of overall effect in their host country. This review was started in July. State Department instructs all Chiefs of Missions to familiarize themselves with content in the Net Centric Diplomacy (NCD) database.

    "Following the completion of the review in August, when it was believed that purported State cables might be released, the State Department instructed all Chiefs of Missions to familiarize themselves with the content in the Net Centric Diplomacy (NCD) database should a release actually occur." (Source: Testimony of Patrick F. Kennedy, Under Secretary for Management, Statement Before the Senate Committee on Homeland Security and Governmental Affairs, March 10, 2011)

-October 22, 2010, Department of Defense Press Services says that DOD [Information Review] task force has been combing through the Iraq data base to assess the damage that the WikiLeaks publication of the activity reports could pose to the U.S. military, Iraqi allies and on-going operations.

    "A DOD task force has been combing through the Iraq data base to assess the damage that the WikiLeaks publication of the activity reports could pose to the U.S. military, Iraqi allies and on-going operations." (Source: Press Secretary Calls WikiLeaks Release Shameful, American Forces Press Service, October 22, 2010)

-On January 18, 2012, Col. Carl R Coffman, Commander of Joint Base Myer and Special Court Martial Convening Authority, denies Manning defense's request to conduct oral depositions of "essential witnesses" including Robert Gates, Former Secretary of Defense, and Patrick F. Kennedy, Under Secretary of Management, State Department, concerning the Information Review Task Force damage assessments. Coffman determined that the "difficulty, expense, and/or effect on military operations outweighed the significance of the expected testimony," despite the possibility of the death penalty for Manning.

Colonel Coffman determined that the difficulty, expense, and/or effect on military operations outweighed the significance of the expected testimony. This determination is difficult to comprehend given the nature of the charges against PFC Manning. Today's decision is yet another example of the government improperly impeding the defense's access to essential witnesses.

Based upon Colonel Coffman's decision, the defense intends to renew its request to depose these witnesses with the General Court-Martial Convening Authority, Major General Michael S. Linnington, and, if necessary, with the military judge. (Source: Government Continues to Deny Access to Key Witnesses , David Coombs, January 16, 2012)

-On 10 May 2012, Defense filed Motion to Compel Discovery No. 2.

Further, that the HQDA [Headquarters, Department of the Army is the executive part of the Department of the Army at the seat of Government] file related to the 17 April 2012 request be produced under R.C.M. 701(a)(2) and 701(a)(6).

...

3. The Defense does not request any witnesses be produced for this motion. [FOOTNOTE 1 The Defense requests the testimony of Ambassador Patrick Kennedy for the purposes of this motion if the Government maintains that the damage assessment items listed for the DOS within paragraph 16, infra, do not exist.] The Defense requests that this Court consider the following evidence in support of this motion:

a. Appellate Exhibits VIII [8], XXVI [26] XXXI [31], XXXVI [36], XLIX [49], XLVIII [49], and LXVIII [68] b. Unofficial Transcript, 23 February 2012 c. Attachment A (Department of the Army Memorandum dated 17 April 2012) d. Attachment B (Email from Ashden Fein, 17 April 2012)(Source: Defense Discovery Request No. 2 of May 10 2012)

Other Information
:

    -Official Biography of Patrick F. Kennedy, Under Secretary, Management, Department of State
    -Testimony of Patrick F. Kennedy, Under Secretary for Management, Statement Before the Senate Committee on Homeland Security and Governmental Affairs Hearing on Information Sharing in the Era of Wikileaks, March 10, 2011

links--> http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/witness_profiles_us_v_pfc_bradley_manning/official_classi/witness_us_v_pfc_patrick_f_kennedy_under_secretary_management_department_of_state.html

Article 32 Witness List Number 44


*XXXXXXXXXXXXXXXXXXXX [PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE] will testify concerning his review of the disclosure of Department of State Diplomatic Cables stored within Net_Centric Diplomacy server and part of SIPDIS. XXXXXXXXXXXXXXXXXXXX [XXXXXXXXXX [PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE WILL TESTIFY CONCERNING HIS CLASSIFICATION DETERMINATION AND THE IMPACT OF THE INFORMATION ON NATIONAL SECURITY. ]. (Source: Defense Request for Article 32 Witnesses, December 2, 2011)

*See March 16, 2011 Motion Hearing Transcript for name disclosure. "Mr. Patrick F. Kennedy, Under Secretary, MANAGEMENT, Department of State."

*Defense Deposition Request, January 12, 2012 for the redacted phrase "PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE will testify concerning his classification determination and the impact of the release of the information on national security"

Defense Deposition Request, January 12, 2012


    *f. XXXXXXXXXXXXXXXXXXXX [WHAT IS THIS?]. XXXXXXXXXX [PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE] will testify concerning his review of the disclosure of Department of State Diplomatic Cables stored within the Net_Centric Diplomacy server and part of SIPDIS. XXXXXXXXXX [PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE] will testify concerning his classification determination and the impact of the release of the information on national security. The requested deposition is needed due to the Article 32 Investigating Officer's improper determination that XXXXXXXXXX [ PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE ] was not reasonably available at the Article 32 hearing.XXXXXXXXXX [PATRICK F. KENNEDY, UNDER SECRETARY, MANAGEMENT, DEPARTMENT OF STATE ] was an essential witness and should have been produced in person at the Article 32 hearing. Additionally, given the classified nature of his testimony, the government needs to arrange for a proper location for the deposition. The defense request that an oral deposition be conducted.

    *See March 16, 2011 Motion Hearing Transcript for name disclosure. "Mr. Patrick F. Kennedy, Under Secretary, MANAGEMENT, Department of State."
--->http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/witness_profiles_us_v_pfc_bradley_manning/official_classi/witness_us_v_pfc_patrick_f_kennedy_under_secretary_management_department_of_state.html

Motion Hearing Transcript, March 16, 2012

Full Transcript : http://wlcentral.org/node/2514

Judge Lind: Defense Moves to Compel Deposition...

Judge Lind reads her ruling which is broken down into sections that explain the motion, the defense argument, and her ruling. Judge Lind reads very quickly and so I could not type out every word or sentence that she said. Here is what I captured:

Defense has asked for the oral deposition of the following individuals:

...
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Read more in the Original link here: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/witness_profiles_us_v_pfc_bradley_manning/official_classi/witness_us_v_pfc_patrick_f_kennedy_under_secretary_management_department_of_state.html