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Witness In Secret WikiLeaks Grand Jury Hearing Posts Transcript of Questioning

Sparrowvsrevolution writes "A year ago, free information advocate and Bradley Manning supporter David House was subpoenaed to testify in the grand jury investigation of WikiLeaks that's taking place in Alexandria, Virginia. Now he's released a transcript of his interrogation that he produced by taking handwritten notes on a legal pad and handing pages to his lawyer during their consultations. Though House pled the fifth and didn't tell the prosecutors much, the notes show the prosecution attorneys focusing their questions on Boston-area hackers as well as Tor developer and WikiLeaks supporter Jacob Appelbaum."

19 of 184 comments (clear)

  1. Contempt of Court? by eldavojohn · · Score: 5, Interesting
    I'm not a lawyer but from this part of the transcript on pastebin:

    Bob Wiechering: Mr. House, I notice you are taking notes. Attempting to create your own transcript is a violation of rule 6(e) of this grand jury. We have brought this to the attention of your counsel, and although he feels differently on the matter, we assert that you must stop taking notes at this time.
    David House: Let me consult with my attorney.
    [House leaves the grand jury room and returns one minute later]
    David House: My lawyer asks that you refer all questions about notes to him.

    It would seem that the rule in question now puts him in contempt of court? It appears to explicitly mention what is happening here. I wonder what his lawyer told him about taking these notes and then releasing them.

    --
    My work here is dung.
    1. Re:Contempt of Court? by Anonymous Coward · · Score: 5, Informative

      My reading of that doesn't seem to include the person actually being questioned.

    2. Re:Contempt of Court? by EasyTarget · · Score: 5, Insightful

      I wonder what his lawyer told him about taking these notes and then releasing them.

      I'm sure the lawyer told him what the law is.. So that he can then make his own decision as to whether to comply with a restriction on his freedom.

      I, for one, am glad that he followed what the constitution, and the basic principles of any truly free society, tells him instead.

      --
      "Oops, I always forget the purpose of competition is to divide people into winners and losers." - Hobbes
    3. Re:Contempt of Court? by Sycraft-fu · · Score: 4, Informative

      I'm sure his lawyer told him not to.

      Now as to if he'll get in trouble, well I don't know. Witnesses aren't part of the grand jury secrecy rule. The jurors themselves, the court recorder, the prosecution, they all have to keep their mouths shut (until after it is all done). However the witnesses, not so much.

      However, he created a transcript, which may well put hi in violation. Though he wasn't the official recorder/transcriber, he was recording the proceedings. So that may have put him, or at least his notes, under the secrecy ruling.

      I don't know if there is any case law on this. They probably could try and get him in trouble for this. If they'd be successful, who knows?

    4. Re:Contempt of Court? by HungryHobo · · Score: 5, Informative

      IANAL but that seems to fail to name witnesses and defendents.

      (A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).

        Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:

      (i) a grand juror;

      (ii) an interpreter;

      (iii) a court reporter;

      (iv) an operator of a recording device;

      (v) a person who transcribes recorded testimony;

      (vi) an attorney for the government; or

      (vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).

      (ii) any government personnelâ"including those of a state, state subdivision, Indian tribe, or foreign governmentâ"that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal criminal law; or

      (iii) a person authorized by 18 U.S.C. Â3322.

      is he fall into any of those catagories?

    5. Re:Contempt of Court? by Anonymous Coward · · Score: 5, Insightful

      Why despise Manning. Sure, he didn't do as he was told and leave all the things in secrecy, but if somebody requests something bad of you, sometimes you really shouldn't do as told. Requesting you keep your mouth shut when you find a whole lot of things that are wrong is wrong. Ignoring something bad is nearly as bad as doing something bad. If we all ignore the wrong things because its our job we are doomed.

    6. Re:Contempt of Court? by gl4ss · · Score: 4, Insightful

      Well, I think that reads like "we disagree with your lawyer on your right to make notes of the proceedings".

      because his lawyer(counsel) feels differently on the matter. that means his lawyer was advising that he could take notes. notice how the court didn't actually stop him from making notes, they just made an empty threat - which makes it a pretty fucked up court proceeding worth transcribing. it just means that they weren't comfortable with anyone outside the court actually knowing what's going on and how the tax dollars are at work(tm).

      --
      world was created 5 seconds before this post as it is.
    7. Re:Contempt of Court? by cpu6502 · · Score: 4, Interesting

      >>>Attempting to create your own transcript is a violation of rule 6(e) of this grand jury

      They also claim we're not allowed to camera-record, audio-record, or pen-and-paper record our conversations with police/government officials. (And have arrested people for doing it and/or taking their property and erased them.) But the 1st Circuit Court of Appeals ruled in August 2011 that the Constitution is a higher law, and it clearly states the People have the inalienable right to freedom of speech and freedom of the press to record/discuss what the cops & government officials are doing to them.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    8. Re:Contempt of Court? by cpu6502 · · Score: 4, Insightful

      You're probably right, but on the flipside if it wasn't for Manning various families would still think their fathers/husbands were "missing" somewhere in Iraq. They would never have known that the U.S. military was covering-up the fact they killed those journalists and were hiding the evidence. I think any person who exposes a coverup of that magnitude deserves to be thanked. Just as we thank the people who exposed Watergate, Irangate, and the government guns being shipped to druglords in Mexico.

      --
      My AC stalker: " I personally agree with your posts most of the time, but that won't keep me from modding you troll"
    9. Re:Contempt of Court? by __aajgon4133 · · Score: 4, Informative

      This is correct. I used to be a court reporter. The section regarding "a person who transcribes recorded testimony" exists to cover the independent contractors who take audio recordings from the court reporter and do all the boring typing stuff for us. We have to proofread it against the audio again when we get it back before it can be certified as an official transcript.

      The contention that a witness can't take notes or can't share them afterwards is pretty remarkable.

    10. Re:Contempt of Court? by Khith · · Score: 4, Informative

      Did not reveal anything? Only a diplomatic embarrassment? At least check Google or something before making a statement like that.

      You apparently haven't seen http://www.iraqwarlogs.com/, which is a good place to start. Also check out http://www.collateralmurder.com/.

      There's evidence of many war crimes committed by the US, not merely something embarrassing. Things like this NEED to be exposed, not hidden away with the reasoning of "You took an oath to keep it secret." Sometimes you have to break an oath if the ones who told you to keep quiet are doing evil things.

  2. Re:This is just... boring by Lumpy · · Score: 4, Interesting

    You have to play by their rules or you get the worst possible outcome.

    Rule #1 - If they can do nasty things to you, NEVER EVER attach your name to things you do.
    Rule #2 - Never EVER talk about what you have done to anyone that can attach it to you. Talk anonomously via a secure and untraceable comms channel and for very BRIEF moments. I.E. you are trying to get the information to WikiLeaks, you spend less than 60 seconds asking questions and then go OFFLINE and do not use that path or even made up handle again.
    Rule #3 - Your computer is spying on you, Paranoia is key here even silly levels of paranoia. Better safe than sorry. USE a live CD on a laptop and spoof a MAC address just in case.

    Rule #4 - I don't care what anyone else calls it, It's espionage in their eyes. The people running the game have guns, they can point them at you and scream traitor. Keep this in mine every single second of the day.

    Bradley Manning was incredibly stupid. He was trying to get street cred in the Hax0r scene by bragging to a known Government Informant. Stupid him, epic stupid him.

    I don't care what others tell you, the guys that don't get caught use the above formula. The ones that get lazy or sloppy get caught. Ask Mitnick how he got caught.... he became complacent and lazy.

    If you cant live the lifestyle or walk the walk for the REST OF YOUR LIFE, then just dont do it.

    --
    Do not look at laser with remaining good eye.
  3. Re:A right way and a wrong way by drinkypoo · · Score: 5, Insightful

    Investigative journalism is the right way to make public information that you think the should be known.

    Nobody invited a journalist to visit and record the proceedings, so this is the only way for the public's interest to be served. Another way would be to eliminate secret courts, and secret court proceedings, which is an absolute requirement if we want people to believe we're a democracy.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  4. Re:A right way and a wrong way by JoshuaZ · · Score: 5, Insightful

    Actually, grand juries are on circumstance where secrecy makes sense. Grand juries don't convict people, they are responsible for deciding if there's sufficient evidence of a crime to go ahead with the prosecution. Keeping such hearing secret means that people are more willing to give information they might not want to give in open court if it is personally embarrassing or if it has a negative aspect to people they don't want to piss off. It also means that a prosecutor can't just use the threat of bringing someone in front of a jury where they'll air all the person's dirty laundry. Overall, the secrecy of grand juries helps the little guy.

  5. Re:A right way and a wrong way by drinkypoo · · Score: 4, Insightful

    Be careful here. If, say, you are in a divorce with your wife, do you want the world to know the gory details?

    Marriage is a legal institution and the details aren't a secret in some states. Why should the details of the divorce be? If there is no public interest in marriage, why does it even exist as a legal institution at all?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  6. Re:This is just... boring by Tastecicles · · Score: 4, Interesting

    If they (the State, in this case acting as Prosecutor) want to fuck you up the arse, there is NOTHING you can do to prevent it.

    What you CAN do is not make their job easy. What you CAN do is make them spend money, because THAT is the limiting factor in their activities. What you CAN do is tell them to fuck off and that you will record what they say and obeying the maxim that for justice to be done it must be seen to be done, publish and be damned.

    --
    Operation Guillotine is in effect.
  7. Re:A right way and a wrong way by garett_spencley · · Score: 5, Informative

    Be careful here. If, say, you are in a divorce with your wife, do you want the world to know the gory details?

    You're missing the difference between a civil suit and a criminal one.

    In a civil suit, two civilian (hence "civil") parties are in dispute and require the court's assistance in reaching a resolution. A divorce is a good example. (I will add as a footnote that, at least here in Canada, ALL court proceedings are a matter of public record, divorces included. Therefore if you seek the court's assistance in resolving your divorce it will become a matter of public record. Whether or not that ought to be the case is something I won't get into since it would take me into a long editorializing rant full of my personal opinions and that's quite OT).

    In a criminal suit it's the government (presumably the "public") against a citizen who has committed a crime.

    In a free and open society all criminal suits ought to be a matter of public record and be open because it's one of the best tools we have for keeping the government honest and fair. That's why we have jury trials and public records and transcriptions etc. It's also a powerful tool to aid in proving someone's innocence after they were falsely convicted (by proving mistrials etc.)

  8. Very one-sided transcript by Arancaytar · · Score: 4, Interesting

    Since he didn't answer anything.

    When I asked House how he might be incriminated by testifying, as he claims by invoking the fifth amendment, he gave me a predictable response: “I invoke.”

    Which is awesome, needless to say - here is clearly someone who doesn't take crap from anyone, and gives not an inch more to authority than he is legally obligated.

  9. Re:This is just... boring by Shinobi · · Score: 4, Insightful

    And by following those rules, you have given them exactly what they want. You have given in to fear and oppression.

    As history teaches us, successful resistance comes not from anonymous cowards, it comes from people who stand up and say "I will not tolerate this anymore".

    Arab spring, Gandhi, workers rights fights, USA independence... All of them would have failed if the people involved had been anonymous cowards.