Defense Motions for June 25th Hearing

The Defense has filed the following additional motions:

1)  Defense Reply to Prosecution Response to Supplement to Defense Motion to Compel Discovery #2;
2)  Defense Response to Prosecution Notice to Court of ONCIX Damage Assessment;
3)  Defense Motion to Record and Transcribe All R.C.M. 802 Conferences.

The Defense has also filed several motions that we do not yet have authority to publish:

1)  Addendum #2 to Defense Motion to Compel Discovery #2: Request for Witnesses:  This motion requests authority to call witnesses.  The Defense requested that the Court require the Government to produce a witness from the Office of the National Counterintelligence Executive (ONCIX), the Federal Bureau of Investigation (FBI); and the Department of Homeland Security (DHS) to verify when the trial counsel had knowledge of relevant facts mentioned in our Compel Discovery #2 motion above.

2)  Request for Reconsideration of Addendum #2 to Defense Motion to Compel Discovery #2: Request for Witnesses:  This motion requested a reconsideration of the denial of the Defense’s request for ONCIX, FBI, and DHS witnesses.

3)  Defense Targeted Brief on Absence of Harm:  On March 29, 2012, the Government filed a motion to preclude the Defense from mentioning the lack of actual damage from the charged leaks during the merits portion of the trial.  The Defense filed a brief opposing the Government’s motion on April 12, 2012.  The Court heard oral argument on the issue during the April 24-26 Article 39(a) session, and took the matter under advisement.  On June 6, 2012, the Court requested the parties provide more targeted briefs on the following:  a)  The potential uses of the “actual damage” information on the merits as indicated by the Defense in its Response Motion; b)  Additional research on the example provided by the Defense regarding assault with a means likely to cause death or grievous bodily harm.  The Court requested case law on the issue of “what actually happened” being relevant to “what could happen.”