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Bradley Manning Hearing: Notes from the courtroom 5 December

WISE Up | 06.12.2012 22:55 | Anti-militarism | Repression | Terror War | World

5 December: Bradley Manning's unlawful pretrial punishment hearing continues with testimony from MSG Papakie (see Tweets below) and Chief Warrant Officer Abel Galaviz - see Tweets below and reports from Nathan Fuller and Kevin Gosztola [ 1 | 2 ].

For other court reports from this 'unlawful pretrial punishment' hearing, see: Bradley Manning's Testimony and these articles: 1-2 Dec, 30 Nov and 27-29 Nov.

Defence shows another video from inside brig - Illustration by Clark Stoeckley
Defence shows another video from inside brig - Illustration by Clark Stoeckley

Articles below, followed by Tweets direct from the courtroom.



5 Dec: Bradley Manning's brig staff violated navy rules


5 Dec: Bradley Manning's 'Unlawful pretrial punishment' hearing – day 7

5 Dec: Reviews of Bradley Manning's Confinement Status May Have Suffered from 'Unnecessary Command Influence'


6 Dec: How the defense department inspectors failed Bradley Manning


All dates:


5 Dec: Hearings resume today in pfc Manning's court martial (summary of earlier part of hearing)


5 Dec: Huffington Post Live: Daniel Ellsberg, Michael Ratner and Jesselyn Radack discuss Bradley Manning Trial

MIKE McKEE, Counterpunch

6 Dec: Extraordinary Confinement: Military knew Quantico inadequate to house PFC Manning


These are in roughly chronological order (earliest at top). 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
AS: Art Superheroes (Clark Stoeckley) @WikileaksTruck
JR: Jesselyn Radack @JesselynRadack
AK: Adam Klasfeld @onearmedmaninc.


Witnesses expected at some point, although not nec today, psychiatrists from Kuwait, commanders of Quantico Brig, & more.

At conclusion of witness testimony, resting of Govt case, any rebuttal by def or Govt, oral arguments by middle of next week.

More on Quantico Brig Commander CW4 James Averhart (Jan incident) here

More on Quantico Brig Commander CW2 Denise Barnes (March incident) here.

We should expect to hear more about the secret high level meeting in Jan 2011 regarding Manning on cross of Quantico command by defense.

The Command Judge Advocate at Quantico was also present in the Jan 13 2011 secret high level meeting about PFC Manning's confinement status

CW2 Barnes refused to change the decision to require Manning to surrender his clothing & wear smock at night after 13 March 2011 incident

CW4 Averhart former Quantico Brig Commander told Manning "I am the commander" & "no one could tell him what to do" (Jan 2011 incident)

CW4 Averhart also told Manning during Jan 2011 incident that he was for all practical purposes "God"

We don't know whether Lt. Gen George Flynn, 3 Star General whose revealed involvement in Manning MAX POI in Quantico emails will testify.

Re Article 13, def must prove intention/conditions tantamount to torture Govt must prove preponderance of evidence legit objective.

CW5 Galaviz investigation of Manning confinement found failure to remove Manning fr Suicide Risk on psych rec in violation of Navy rules

Govt turned over to def, Quantico vid of #Manning 18 Jan 2011 stripping by 4 guards, but not interrogation by Averhart. See here

TODAY CW5 Abel Galaviz Sr Corrections Officer in Marines Corp found failure to remove Manning fr SR immediat violated Navy rules

TODAY MSG Papakie Quantico Brig Operations Officer who told Manning his underwear would be removed. See Article 13 for exchange transcript

NF: MSGT Brian Papakie & CW5 Abel Galaviz to testify today. Marines assigned Galaviz to investigate Bradley's treatment after his 138 complaint

MSG Papakie exchange with Manning. See No. 39, page 29.

The 'legal expert' organized by MDW says two anticipated witnesses today below.

This came up with 'legal expert' from MDW, so tweeting. Secretary of the Army 15-6 Investigation

Article 39(a) Session, 06/06/12 transcript. List investigations made public in open Court re Manning

We are in session.

MSG PAPAKIE GIVES EVIDENCE: Government examination of witness

MSG Papakie says he could tell with his open ended questions, Manning did not want to talk to him.

MSG Papakie couldnt think of 1 meeting w Quantico Brig Command he didnt express concern Manning was not gonna hurt himself.

MSG Papakie talked to GYSGT Blenis everyday. Blenis explained to Papakie every counseling session.

MSG Papakie talked to GYSGT Blenis after half of the C&A board reviews.

MSG Papakie says in dec/jan timeframe, "We started documenting everything." Manning - fyi around 138 complaint

MSG Papakie said Manning got skylight from three windows/skylights.

MSG Papakie only recalls two individuals being near him. He says Manning spoke to one individual, who was them moved.

MSG Papakie said in SECNAV Brig Commanding Officer has to give only 20 min sunshine b/c concerns re Suicide Risk

KG: Quantico Brig officers have all got their story straight. Bradley Manning "chose" to stand naked at count on March 4, 2011

MSG Papakie said by end of 2010 Manning had never complained about treatment.

MSG Papakie said detainees used Quantico Brig 'chit' system with their concerns.

MSG Papakie recounted Jan 18 2010 incident.

MSG Papakie said he wanted incident reports immediately from removed guards after 18 Jan incident.

MSG Papakie said he asked Manning about 18 Jan incident. Said Manning was calm at first when he responded to Papakie questions, then...

MSG Papakie said Manning started getting 'wound up'…'like he was gonna have a panic attack'. Said he told Manning to 'calm down'

MSG Papakie said Manning asked Averhart later, 'Why are you yelling at me?' (There is no video of this incident.)

MSG Papakie said Averhart told Manning to sit down.

FYI Video of Government exchange by Averhart and Manning is nowhere to be found. See here

MSG Papakie said Manning hit his own head during exchange with Averhart.

MSG Papakie said his and Averhart's purpose talking to Manning after 18 Jan incident to 'de-escalate'

MSG Papakie said "but Manning 'felt analyzed'"

MSG Papakie said Manning did not understand why his clothing was being taken away.

MSG Papakie said he went through it with Manning 3 or 4 times. See also No. 39 Page 29. See here

MSG Papakie said that he told Manning he had to follow orders and surrender his underwear.

MSG Papakie recounts how Manning got clothes back in feed tray in morning.

MSG Papakie recounted March incident

MSG Papakie 'To make a comments like that to me, you are gonna put a lot of weight into that.'

MSG Papakie 'In a confinement jail, you don't use words like escape or suicide.'

MSG Papakie told guard staff there would probably be changes coming down that evening.

MSG Papakie said, 'If he was gonna make a point regarding his underwear, we were gonna have to take away his underwear.'

MSG Papakie said that SSG Terry (sp.) told Manning to cover up at count. (Incident is in dispute w Manning testimony)


MSG Papakie 'If I didn't spend a lot of time with him, it was on his part.'

MSG Papakie 'I stated earlier that after Jan 18 he had a drastic change'

Def to Papakie 'In other wrds [contrary to when u spoke to def] u dont recall ever saying he never talkd more or less'

Def to MSG Papakie, 'Is it your testimony he would never talk to you more or never talk to you less [at other times]?'

MSG Papakie Manning was never threatening or disrespectful.

MSG Papakie said the did not remember if until Dec Manning only 20 minutes sunshine in full hand and leg restraints.

Defense said he would refresh MSG Papakie memory. Hands witnesses appellate exhibit document.

MSG Papakie admits only 20 min of sunshine call until Dec in full restraints outside (inside leg & hand restraints off)

MSG Papakie admits Manning could use bike but not treadmill for 20 minutes.

MSG Papakie admits that a guard would have to walk with him, so Manning would not fall.

MSG Papakie admits the area for sunshine call had razor fence and cameras, in addition to two guards walking with him.

MSG Papakie admits Duty Brig Sup was also required to be with Manning on six months of 20 minute full restraint sunshine call.

MSG Papakie admits total no. of 3 staff were with Manning for 20 min of sunshine call razor fence video cam & full restraints.

MSG Papakie says GYSGT Blenis asked Manning re 'always planning never acting' contradicts Blenis testimony.

MSG Papakie said it surprised him that Blenis testified he never asked Manning about it.

MSG Papakie said he recalls Blenis tell Papakie that Manning response did not make Blenis feel better.

MSG Papakie told def previously was 'his devious way of letting us know there was something going on in his head.'

NF: Papakie still on the stand, saying Brad's limited communication & poor family ties were cause for concern, reason for POI. Recess ending...

MSG Papakie said he does not feel any different today.

KG: MSGT. Papakie says Bradley Manning never explained "erratic behavior" but he never asked him about such behavior

AS: Marine MSGT Brian Papakie testified that he wears panties. Illustration here.

MSG Papakie presented with email from defense.

MSG Papakie email to CW4 Barnes about other detainees downgraded.

Defense goes thru email with MSG Papakie in re other detainees downgraded then compared to Manning also named in email.

MSG Papakie had similar report from psych as other detainees in email, but unlike others, Manning not taken off MAX POI.

MSG Papakie said he could not compare Manning to others.

MSG Papakie said other detainee had strong family ties, no depression, or psych stressors resolved. Manning

MSG Papakie said Manning stressor were not resolved: 'length court martial, longer sentence'

Papakie said Manning was on POI MAX He was uncomfortable w his 'interaction w/ staff' 'how he removed himself fr everything'

Defense deconstructs elements and factors of MSG Papakie statements.

KG: MSGT. Papakie: "Had concerns w/ anybody being [housed] next to [Manning] & trying to get info out of him about his alleged offenses"

MSG Papakie, 'More so after Jan 18 [incident]….'

MSG Papakie admits knew reports done wkly, and out of norm, no other detainees had reports going up chain.

MSG Papakie admits knew reports going to Oltman, then Choike.

MSG Papakie admits there was a lot of media attention on Quantico.

MSG Papakie admits media had questions re Quantico Brig and PAO sent ?'s to Brig.

MSG Papakie admits email in question from PAO to Brig in re media questions.

MSG Papakie admits people calling Brig about Manning treatment.

MSG Papakie admits people writing letters to Brig re Manning treatment.

MSG Papakie recalls two protests outside Brig.

MSG Papakie recently reviewed docs…never realized Brig incidents & protests were around each other until recently.

MSG Papakie said Oltman as Sec Batt Commander was aware of protests.

MSG Papakie admits base not use to high profile detainee.

MSG Papakie admits Base Commander Choike came over on 2 occasions to Brig which was not usual in re Manning

MSG Papakie says he forgot Lt. Gen. Flynn was involved in matter.

Papakie says does not recall Sec Batt Commander Oltman saying 'not to be influenced' by Lt Gen Flynn, involvement.

MSG Papakie questioned by defense re incident report he signed compared to testimony on Govt examination on stand.

MSG Papakie said in incident report 18 Jan Manning said he did not understand why being analyzed.

MSG Papakie admitted that questioning of Manning by Papakie happened hours after incident.

Papakie admitted Manning didn't punch wall as he just said on stand by Govt examination when compared with incident report.

Papakie admitted Manning only looked like he was going to punch wall when Papakie asked Manning, 'Why he felt analyzed.'

MSG Papakie admitted in his report Averhart asked Manning again what happened soon after Papakie.

MSG Papakie admitted he told Manning to calm down. Then stepped out. 18 Jan incident.

MSG Papakie admitted he does not know what or how Averhart spoke to Manning after 18 Jan incident.

MSG Papakie said in incident rpt Manning said he didnt know why he was being looked at all the time or understand POI status.

MSG Papakie admitted in his 18 Jan incident report he noted Manning said he though Averhart was yelling at him.

MSG Papakie said that Papakie himself was probably more quiet that Averhart in tone with Manning.

MSG Papakie said Averhart was there, 'To find out what was going on with him.' Manning

Papakie said in incident report noted Manning slapped both palms against head (not fists as just testified to Govt on stand)

MSG Papakie said in his incident report Manning said, 'This [meaning what was happening then] is what I am talking about.'

MSG Papakie said in incident report Averhart stood up and ordered Manning on Suicide Watch.

MSG Papakie said in 18 Jan incident report Manning then said 'What did I do?'

MSG Papakie said that is when Avehart left.

MSG Papakie then said he started talking to Manning.

MSG Papakie said Manning was 'punching with fists' on stand, defense deconstructs & challenges his testimony w/ incident rpt.

MSG Papakie admits was not fists, but palm… but that the incident report is actually accurate. Manning

MSG Papakie admits his testimony on stand was not accurate.

JR: Master Sgt Papakie: lost count of how many times Coombs masterfully impeached his testimony.

JR: Odd thing abt Papakie's testimony: sed other prisoners made 2 stand naked 4 revelry *knew* 2 cover selves w/ suicide blanket (1/2)

JR: As if there were OTHER prisoners stripped naked & standing revelry (2/2)

JR: Video of Papakie telling unclothed Manning that psychologists who recommended he B removed f/ solitary "are not the only decider." (1/2)

JR: Turns out that psychiatrists weren't part of custody decision at all 4 Manning b/c other Brig personnel didn't trust them (2/2).

JR: At least the Brig staff were dumb enough 2 tape their mistreatment of Manning--especially since they "don't recall" so often.

JR: Nobody phased that a 3-star general (Flynn) watching the Manning sitch...but were worried about the media.

JR: Papakie sed Manning "punched himself hard N head w/ closed fist & left red mark." Really: slapped both palms over ears when being yelled at.

MSG Papakie admits that his testimony on stand of Manning bashing head into wall was also not accurate.

MSG Papakie said "I guess it probably did not happen...' Manning

Papakie said whatever happened is in his own voluntary statement, not what he said on Govt examination on stand today.

MSG Papakie admits he did not call medical help after the incident.

MSG Papakie admits that the video camera comes in a 'few seconds' after Averhart left. See also here.

Where is the video of Pfc. Manning interrogation by CW4 Averhart at Quantico? See here.

MSG Papakie admits that Averhart called CODE BLUE for cell extraction right after he left Manning cell.

MSG Papakie said Averhart called a CODE BLUE 'in case Manning wanted to hurt himself, and we needed to restrain himself'

MSG Papakie testified CODE BLUE by Averhart not warranted. Manning

We now watch a video of Papakie yelling at Manning about Quantico staff not being outside rules and regs.

In the video Manning strips. hands Papakie his clothing. See No. 29 page 39

Manning questioned MSG Papakie on rules and regulations in video.

MSG Papakie admits then ordering Manning removal of skivvies.

Papakie admits saying in vid to Manning that 'he had outburst' but admits on stand, Manning did not punch/hit anything in vid

MSG Papakie admits Manning says he is not suicide risk, that he does not understand why on POI in video.

Papakie said what he meant by 'we have documentation saying otherwise' in vid is medical records from Kuwait and logs.

MSG Papakie says 'we had received docs' re Kuwait, and logs.

MSG Papakie admits documents from Kuwait were from 6 month or even later.

Papakie admits behaviors cited on direct: Peekaboo Dancing Lifting imaginary weights Sitting Indian style to him 'erratic behavior'

Papakie admits those behavior what he meant in VID re 'documentation' when he told Manning & on direct re 'erratic behavior'

MSG Papakie admit he never saw any of those behaviors himself, got from guard's log book.

MSG Papakie says was written in log, we would ask guards about it, 'but the statements spoke for themselves'

MSG Papakie admits never addressed so called 'erratic behavoirs' with Manning

MSG Papakie says he addressed behaviors with Brig commander.

MSG Papakie says would surprise him if doctors testified was normal. [They did.]

MSG Papakie re dancing, sitting Indian style, lifting imaginary weights: "Not normal. I have never seen it.'

MSG Papakie admits Brig Commander made a special log book only for Manning

Defense deconstructs Papakie admission he did not 'respond' to behaviors he regards 'not normal' used as basis of POI.

KG: Quantico Brig officers seem to have their story straight on word "panties." MSGT. Papakie claims he'd sometimes use word

KG: MSGT. Papakie said he'd say, "Get my panties in bunch." Or, "Don’t get my panties in bunch." Not sure he understands this phrase

Def: You're basing MAX POI on docs from 6 mnths or more & logs? Did u respond to them even in terms of security?

MSG Papakie: No.

Def: You said in video things Manning said and done (ie 'erratic behaviors') as reason Manning not normal detainee?

MSG Papakie: Yes.

Def: You said in video things Manning said and done things gave you caution? MSG Papakie: Yes.

Def: You said in re Manning saying, 'Doctors saying I should go off'? You say, doctors are not here everyday?

Papakie: Thorough review process....not just psych or medical opinions. It's everything considered together not just 1 factor

Defense continues to break down and nail down Papakie answers of what factors were considered and how...

Def: So you have recommendations from counselor, and if that counselor is part of C&A board that carries over...

...Defense: Are you saying recommendations of staff carried more weight than psych you only saw 'going out door'?

MSG Papakie: Wouldn't say that. Everything was considered...

Defense continues to deconstructs how Brig evaluated recommendation. 'Did Brig staff have more weight?'

MSG Papakie: Depended…

MSG Papakie: For certain psychiatrists there was a lack of communication. Others wasn't…

Defense: Others have said Hocter was not available...?

Papakie testifies he didn't trust Hocter.

Papakie says Hocter was Same Dr. who recommended Webb come off POI then Webb committed suicide.

MSG Papakie: 'I was not confident in his recommendation.'

MSG Papakie said that in re Webb who committed suicide, investigation found that staff was not at fault.

Defense: Was CPT Hocter (forensic psych) included in investigation finding re, 'We were not at fault'?

MSG Papakie basically said Investigating Officer said to him that it was not Brig.

MSG Papakie: 'Can't tell you if it applied to Hocter.'

Def: When IO says Brig, does that included Hocter? MSG Papakie says he doesn't know.

MSG Papakie says doesn't recall who did investigation. 'Want to say Col. Smith'

MSG Papakie says Brig received copy of investigation and admits Dr. Hocter was not removed, no reprimand, punishment.

Def: Did you trust recommendations of Col. Malone?

MSG Papakie: His recommends had weight. Never had convos with him. Wouldn't say anything discounted.

Def: Was Col. Malone also not accessible to staff?

MSG Papakie: He was more personable with staff.

Then MSG Papakie says, 'I didn't have any interactions with him.'

Defense: Do you know how long [CPT and Dr.] Hocter was in Brig? Manning (Def cross) MSG Papakie: Can't put a time [on it].

AS: David Coombs cross examines Marine MSGT Brian Papakie and shows another video from inside the Quantico brig. See illustration

Def: What about [Dr.] Malone?

MSG Papakie: [Malone] was pretty good about letting us know when he arrived and MSG Blenis got paperwork.

MSG Papakie said he had conversations with Hocter about a stamp. (See Hocter and Blenis testimony.)

MSG Papakie: 'He basically refused. His words, 'When the Brig pays for one, I'll get one.'

There is more but about to go back in.

KG: Updates from Bradley Manning's 'unlawful pretrial punishment' hearing this morning: Report here

AK: My most recent updates from the Manning Quantico hearings, published early this morning. See Courthouse News Report

JR: No one ever reported Manning's "erratic behavior" & "peculiar antics,"used 2 justify his solitary confinement, 2 psychologists

JR: In a tacit admission of sorts, Papalie said Cpt. Havelin asked 4 custody records "in order 2 avoid any Art. 13 (torture) issues."

JR: Turns out that psychiatrists weren't part of custody decision at all 4 Manning b/c other Brig personnel didn't trust them (2/2).

JR: At least the Brig staff were dumb enough 2 tape their mistreatment of Manning--especially since they "don't recall" so often.

JR: Nobody phased that a 3-star general (Flynn) watching the Manning sitch...but were worried about the media.

JR: Papakie sed Manning "punched himself hard N head w/ closed fist & left red mark." Really:slapped both palms over ears when being yelled at.

JR: No one ever reported Manning's "erratic behavior" & "peculiar antics,"used 2 justify his solitary confinement, 2 psychologists

JR: In a tacit admission of sorts, Papalie said Cpt. Havelin asked 4 custody records "in order 2 avoid any Art. 13 (torture) issues."


This is Coombs in action on Galaviz. The dominoes are falling. YouTube video

NF: CWO Galaviz testifies that the way MSG Blenis conducted the classification reviews board constitutes unnecessary command influence

KG: Dominoes start to fall. CWO5 Galaviz admits there could've been "unnecessary command influence" in process reviewing Manning's POI status

AS: CW5 Abel Galaviz testifies that Blenis did not follow C and A board protocol and maybe unlawful command influence.

NF: Galaviz: not only should Blenis not have been making recs before C&A board met, he shouldn't have been on it if he's the one making the rec

KG: High-ranking Marine officer suggests process for reviewing Manning's confinement status may have been corrupt: See report.

JR: JR: Manning hrg - Galaviz sounded pretty vanilla until Coombs' cross examination takedown

JR: Galaviz tasked with investigation of Quantico, but 4 different generals schemed to fix IG report before investigation was done.

JR: Reverse drip at Manning hrg -culpability for Manning's torture creeps higher and higher up chain of command - 4 generals plotted to fix rpt

NF: Galaviz, head of Marine corrections, said Quantico violated Navy rules by failing to remove B. Manning from Suicide Risk on January 18, 2011

AS: Court has recessed for the day. It will reconvene tomorrow at 9am.

JR: 6 spectators N courtroom most of the day 4 Manning hearing....One of the most amazing & important hrgs I've ever seen

AS: Just found out that our former military legal expert was originally part of the prosecution team. Fellow journalists were surprised by this.

KG: Military expert briefing press at Meade during Bradley Manning proceedings from Dec '10 - Jul '11 worked for period for prosecution

JR: Marine Corps IG & Army IG inspections not b/c worried abt Manning's treatment but rather the optics of international attention

JR: IGs r supposed 2 B independent, but Generals Casey, Amos , Flynn & Aree conspire w/ Averhart, Oltman & Choike that "if mistreatment 1/2


Follow Bradley Manning's case at:

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

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