Sentencing begins in the Bradley Manning trial. Pic by C. Stoeckley.

6:15 PM EST Now court is going into closed session with IRTF deputy chief. Court resumes with open session at 10 am tomorrow.

6:01 PM EST The Internet Research Task Force (IRTF) included internal Defense Intelligence Agency organizations, US Central command, the Undersecretary of Defense for Intelligence, Office for Administration of Detention of Enemy Combatants, US Special Operations Command, Defense Threat Reduction Agency, Defense Security Service and each branch of the military.

5:50 PM EST The defense has requested a meeting with the government and the judge in judge’s chambers. The defense heavily objects to the fact that the current government witness is being allowed to testify.

5:44 PM EST NATO partners got “chesty” with the deputy chief of IRTF, but wouldn’t name what countries they represented in open court.

5:40 PM EST Media Center side-notes today: The home of XKeyScore is also the site of the Bradley Manning trial. And yet they want the press to believe that the military is not monitoring us? Or that the court can’t provide consistent internet connectivity? The press pool devolves into civil war as it has discovered a few journalists have been using another stable working internet connection without telling the others.

Earlier, the press covering the trial was told that they remain on notice to stop the “shenanigans.”  As the proceedings wear on today, the press is becoming more and more fatigued. A CNN reporter left after being woken up twice by a military public affairs officer.

4:55 PM EST The government is trying to qualify John Kirchhofer as expert in the field of strategic planning for DoD Counterintelligence and human intelligence (HUMINT). Kirchhofer was the deputy chief involved in daily operations of the Information Review Task Force that reviewed the impact of the leaks on the Department of Defense.

The defense contests why the government has to make him an expert to testify on the IRTF response to Manning’s disclosures, and they object.

4:12 PM EST The next witness will be John Kirchhofer.

4:01 PM EST Brig. Gen. Carr has now testified (as a qualified ‘expert’) that the Afghan war logs had 900-plus Afghan names in them, but that no one was killed as result of the logs’ disclosure.

Over a long period, many of the Afghan names in war logs were already dead before the war logs were released.

Judge Lind told both the government and the defense that she would disregard any testimony on the Taliban killing of an individual when that particular individual’s name was not in the leaked material.

3:55 PM EST Maj. Ashden Fein cross-examined Brig. Gen. Robert Carr (Ret.) on the impacts of Bradley Manning’s disclosures to WikiLeaks. He asked Carr if anyone was actually harmed by result of Afghan logs. Carr responded, “As result of Afghan logs, I only know of one individual killed.”

The defense objected to Carr saying that Taliban came out publicly and said they killed man for being associated with information in the Afghan war logs. Defense asked if this person was even in the information that Manning is convicted of releasing.

Judge Lind: “Is what you’re testifying to tied to these disclosures?” She asked Brig. Gen. Robert Carr about Afghan war logs. Carr answered judge saying “Taliban killed him and tied him to the disclosures”—the Afghan national. Carr said the name of the Afghan national killed was not in the Afghan War logs. A “terrorist act on behalf of the Taliban threatening all others” had killed him. So no person whose name was in the war logs was ever killed as a result.

3:49 PM EST Carr has been qualified as an expert.

He described forming IRTF to respond to WikiLeaks and talked about the released Afghan and Iraq War Logs and their contents in an open session.

12:03 PM EST Carr states that there was no ‘play book’ for responding to Manning’s disclosures. “There was nothing normal about WikiLeaks.”

My interview with The Real News Network is now up here.

11:32 AM EST Defense is going to cross-examine Carr to contest his expertise and ability to give opinions on the “impact of PFC Manning’s criminal conduct and the “impact to information sharing within the US government.”

11:30 AM EST The government is seeking to qualify its first sentencing witness, retired Brigadier General Robert Carr, as an expert in DoD intelligence operations and intelligence sharing within the United States government with foreign partners and coalition forces.

10:10 AM EST Manning will be credited with 1,162 days of pretrial confinement credit and 112 days of credit for unlawful pretrial punishment. That means he faces a maximum punishment of 136 years minus 1,274 days.

Original Post

The sentencing phase in the trial of Pfc. Bradley Manning is beginning a day after the military judge issued a verdict finding Manning not guilty of “aiding the enemy” but guilty of six counts of violating the Espionage Act.

Military prosecutors will call witnesses first. Two witnesses will be called today – one will testify in an open session and the other will testify in a closed session.

The defense will put on its sentencing case and call witnesses after the government, and each side has more than twenty witnesses on their lists.

Unlike civilian courts, sentencing begins immediately after the verdict. Evidence that will be heard by the judge will include the impact of the crime on victims or the unit’s morale, Manning’s history as a trained intelligence analyst and any other extenuating or mitigating circumstances that might be relevant to the offenses he was convicted of committing.

There will be a presentation of sentencing instructions by the government and the defense, urging military judge, Army Col. Denise Lind, on how to ultimately determine the length of his sentence.

Based on the verdict yesterday, Manning faces a maximum punishment of 136 years in prison. There also is the possibility that he could serve out some of the sentences for offenses concurrently. That will be one of the many issues addressed in the sentencing phase.

Kevin Gosztola

Kevin Gosztola

Kevin Gosztola is managing editor of Shadowproof. He also produces and co-hosts the weekly podcast, "Unauthorized Disclosure."