Record of proceedings

As recorded by David House

Grand Jury, Alexandria VA

15 June 2011, 4:10pm to 5pm

Inside the Grand Jury:

DOJ Counterespionage Section: Attorney Patrick Murphy *

DOJ Counterespionage Section: Attorney Deborah Curtis *

Eastern District of Virginia: AUSA Bob Wiechering

Eastern District of Virginia: AUSA Tracy McCormick

Eastern District of Virginia: AUSA Karen Dunn

Unspecified number of Grand Jurors

Court Steganographer

David House

Directly outside the Grand Jury:

Mike Condon, FBI Agent from Washington, D.C. field office

James Farmer, Chief of Anti-Terrorism and National Security Unit at the U.S. Attorney’s Office in D. Mass

Peter Krupp, David House’s attorney

Record begins: 4:10pm

[David House is sworn in and informed of his rights]

Patrick Murphy: Would you please state your full name for the record?

David House: My name is David House.

PM: Did you meet Bradley Manning in January 2010?

DH: On the advice of counsel, I invoke my right to remain silent under the Fifth Amendment to the United States Constitution. I am concerned that this grand jury is seeking information designed to infringe or chill my associational privacy, and that of others, guaranteed by the First Amendment to the United States Constitution, and that it is using information obtained without a search warrant in violation of the Fourth Amendment to the United States Constitution. I define the preceding statement as “invoke”, and when I say “I invoke” in the future I am referring to this statement.

Deborah Curtis: Exhibit 1-A?

PM: Mr. House, please direct your attention to the screen behind you, exhibit 1-A.

DC: I can’t make it bigger.

PM: Try… here, remove that bar on the side.

DC: That didn’t work.

DH: Do you guys need help?

DC: We just need to make it bigger. Can everyone see this okay?

PM: Ok… we’re going to continue.

[A still image from the Frontline PBS special is displayed on the screen. Four figures are standing in front of the BUILDS logo, one figure has her back turned.]

PM: Mr. House, can you identify the man on the right?

DH: I invoke.

PM: Can you identify the man standing second from right?

DH: I invoke.

PM: Ok, can you identify the person with bright-colored hair, standing here?

DH: I invoke.

PM: Are we to believe that identifying that individual would somehow incriminate you?

DH: On the advice of counsel, I invoke my right to remain silent under the Fifth Amendment to the United States Constitution. I am concerned that this grand jury is seeking information designed to infringe or chill my associational privacy, and that of others, guaranteed by the First Amendment to the United States Constitution, and that it is using information obtained without a search warrant in violation of the Fourth Amendment to the United States Constitution.

PM: Ok, can you identify the man on the left?

PM: I would like to observe for the record that Mr. House is taking notes.

DH: As to the previous question, I invoke.

PM: Why are you taking notes?

DH: Invoke.

Bob Wiechering: I’d like to recommend, at this point, that we take a break and talk to your counsel.

[AUSAs and House leave the grand jury]

[Peter Krupp, House’s attorney, asserts House’s right to invoke]

[AUSAs and House return to the grand jury]

PM: What is your birthdate?

DH: March 14, 1987

PM: Where do you live?

DH: Can you restate the question?

PM: What is your address?

DH: I invoke.

PM: What is your current occupation?

DH: I invoke.

PM: Were you a senior in computer science at Boston University in January 2010?

DH: I invoke.

PM: Isn’t it true that you told PBS Frontline that you were a senior at Boston University in January 2010?

DH: I invoke.

PM: Do you know what a hackerspace is?

DH: I invoke.

PM: Do you know what BUILDS is, the acronym?

DH: I invoke.

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.

DH: Let me consult with my attorney.

[House leaves the grand jury room and returns one minute later]

DH: My lawyer asks that you refer all questions about notes to him.

BW: Let’s continue.

PM: Mr. House, are you involved with the Bradley Manning Support Network?

DH: I invoke.

PM: Did you respond in the affirmative when asked by the FBI if you had heard of known WikiLeaks associate Jacob Appelbaum?

PM: I would like to state for the record that Mr. House is not answering the question and is instead taking notes.

DH: I invoke.

PM: Do you intend to answer any of my questions, aside from your date of birth and your name?

DH: I invoke.

PM: Is that because of the phalanx of attorneys present here today?

Court Stenographer: I’m sorry, the what of attorneys?

PM: Phalanx… the phalanx of attorneys.

DH: As to the phalanx of attorneys, I invoke.

PM: At this time, I will let Deborah Curtis ask a few questions.

DC: Mr. House, have you ever been to the Oxford Spa restaurant in Cambridge, MA?

DH: Allow me to consult with my attorney.

[House leaves the grand jury and returns one minute later.]

DH: As to the previous question, I invoke.

DC: You admitted to federal agents in Boston that you had met Bradley Manning in January 2010, is that correct?

DH: I invoke.

DC: Isn’t it true that you spent the night of January 27 2010 with Daniel Clark and Bradley Manning?

DH: Can you repeat the question?

DC: Isn’t it true that you spent the night of January 27 2010 with Daniel Clark and Bradley Manning?

DH: One more time.

DC: Isn’t it true that you spent the night of January 27 2010 with Daniel Clark and Bradley Manning?

PM: He’s writing it down.

DC: Are you getting this, are you writing it all down?

DH: Was the last question a question to be answered?

DC: Yes.

DH: I invoke.

DC: And the question before?

DH: I also invoke.

DC: Where did Danny Clark have breakfast on the morning of January 28, 2010?

DH: Allow me to consult with my attorney.

[House leaves the grand jury and returns one minute later.]

DH: As to the previous question, I invoke.

DC: Do you intend to answer any questions about Daniel Clark?

DH: Invoke.

DC: Do you intend to answer any questions about Bradley Manning?

DH: [Writing] Could you please repeat the question?

DC: Do you intend to answer any questions about Jacob Appelbaum?

DH: I invoke.

DC: At this time, we’d like to stop the proceedings. You are free to leave.