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Case 2:04-cv-08425 Trial Day 5 Vol 2

1074

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

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HONORABLE VIRGINIA A. PHILLIPS, JUDGE PRESIDING

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LOG CABIN REPUBLICANS,


a nonprofit corporation,

)
)
)
Plaintiff,
)
)
vs.
)
)
UNITED STATES OF AMERICA and
)
ROBERT M. GATES, SECRETARY OF
)
DEFENSE, in his official capacity, )
)
Defendants. )
___________________________________)

No. CV 04-8425-VAP(Ex)

Trial Day 5
Volume II
Pages 1074-1198

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REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS

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Riverside, California

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Tuesday, July 20, 2010

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1:24 P.M.

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THERESA A. LANZA, RPR, CSR


Federal Official Court Reporter
3470 12th Street, Rm. 134
Riverside, California 92501
(951) 274-0844
WWW.THERESALANZA.COM

Tuesday, July 20, 2010

Trial Day 5, Volume II

1075

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APPEARANCES:
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3

On Behalf of Plaintiff:

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WHITE & CASE
BY: Dan Woods
BY: Earle Miller
BY: Aaron A. Kahn
BY: Mr. Aenlle-Rocha
633 West Fifth Street,
Suite 1900
Los Angeles, California
213-620-7772

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90071-2007

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On Behalf of Defendants:
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UNITED STATES DEPARTMENT OF JUSTICE


Civil Division, Federal Programs Branch
BY: Paul G. Freeborne
BY: Joshua E. Gardner
BY: Ryan Bradley Parker
BY: W. Scott Simpson
20 Massachusetts Avenue, NW
Room 6108
Washington, DC 20001
202-353-0543

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-AND18
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UNITED STATES ARMY


Litigation Division
BY: Major Patrick Grant
Litigation Attorney
901 N. Stuart, Suite 400
Arlington, Virginia 22203

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Tuesday, July 20, 2010

Trial Day 5, Volume II

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I N D E X

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Page
Plaintiff Case (Cont'd).......................

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PLAINTIFF
WITNESS
DIRECT
LAWRENCE KORB (cont'd)
By Mr. Gardner
By Mr. Aenlle-Rocha

CROSS

REDIRECT

RECROSS

1077
1109

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PLAINTIFF
WITNESS
DIRECT
JOHN ALEXANDER NICHOLSON III

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By Mr. Aenlle-Rocha

CROSS

REDIRECT

RECROSS

1126

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EXHIBITS

RECEIVED

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40
110-A

1177
1179
1186

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Tuesday, July 20, 2010

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Riverside, California; Tuesday, July 20, 2010; 1:24 P.M.

-oOo-

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4

THE COURT:

I can't remember where we were, but you

may resume.

MR. GARDNER:

Thank you.

Just so Your Honor is aware, I provided both the

01:24

witness and plaintiff's counsel with a complete copy of the

transcript.

It's 400 pages of goodness.

10

I'm working to get two more full copies made.

copies, I will bring them up to Your Honor.

11

THE COURT:

12

MR. GARDNER:

13

THE COURT:

My copy is complete.
Oh.

Super.

Okay.

Good.

It should be

I think mine goes to -- it had the page

you were referring to, which was 398.

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17

01:24

roughly 400 pages.

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15

And as soon as I get the other two

MR. GARDNER:

Yeah.

01:25

The last page of the transcript

is 408.

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THE COURT:

19

MR. GARDNER:

20

THE COURT:

21

MR. GARDNER:

22

Mine is complete.
Okay.

Super.

That's what we lodged.

You may continue.

01:25

Thank you.

CROSS-EXAMINATION (cont'd)

23

BY MR. GARDNER:

24

25

talking about before the break, which is joint Exhibit 344, the

Dr. Korb, I want to put up on the screen what we were

Tuesday, July 20, 2010

Trial Day 5, Volume II

01:25

1078

legislative history in this case.

I'll put it up on the

screen, and you should again have it in front of you.

On Page 256, you say, Dr. Korb, "All my research and

experience on this issue tells me that the question of whether

the presence of openly gay men and women in the arms services

would undermine fighting effectiveness cannot be answered

definitively until the policy is actually changed."

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9

Now, you stand by that statement; correct?


A

Basically, social science is not like physical science,

10

and you cannot answer questions definitively until you actually

11

do something.

12

So you stand by that statement.

13

I would say that I don't feel as strongly as I did back

14

then, because we have had experience with the British military,

15

the Canadian military, the Australian military, as well as the

16

experience we've had in fighting alongside them in Iraq and

17

Afghanistan for long periods of time.

18

in my view, it's more definitive that you would say it will not

19

undermine fighting effectiveness.

20

So you don't agree with that statement.

21

I don't agree wholeheartedly with that statement.

22
23

01:25

MR. GARDNER:

01:26

01:26

So I think we already --

01:26

Your Honor, plaintiff's counsel, I'm

going to refer the witness to Page 339, Lines 1 through 11.

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THE COURT:

25

THE WITNESS:

Tuesday, July 20, 2010

Any objection?
To what page?

01:27

Trial Day 5, Volume II

1079

MR. GARDNER:

MR. AENLLE-ROCHA:

(Brief pause.)

MR. AENLLE-ROCHA:

THE COURT:

Go ahead.

BY MR. GARDNER:

Page 339.

Page 339, Lines 1 through 11.


I need a moment, Your Honor.

No objection.

Thank you.

Dr. Korb, I want to direct your attention to Line 1 on

10

Uh-huh.

11

The following question was asked:

12

01:27

01:27

"QUESTION:

Okay.

Now, you also testified before the

13

Senate committee in 1993 that 'all my research and experience

14

on this issue tells me that the question of whether the

15

presence of openly gay men and women in the armed services

16

would undermine fighting effectiveness cannot be answered

17

definitively until the policy is actually changed.'

18

Do you recall that?

19

ANSWER:

20

QUESTION:

21

ANSWER:

22

THE WITNESS:

Yes, I do.
Do you stand by that statement?

01:28

I do."
And as I just explained to you, not as

23

definitively, but I stand by that statement.

24

BY MR. GARDNER:

25

Now, others also testified before the Senate Armed

Tuesday, July 20, 2010

01:28

Trial Day 5, Volume II

01:28

1080

Services Committee on the issue of unit cohesion; correct?

Pardon me?

Others also testified before the Senate Armed Services

Committee on the issue of unit cohesion; correct?

As far as I can recall, yes.

For example, you were on a panel with Dr. William Darryl

Henderson on the issue of unit cohesion back in 1993.

I was.

Okay.

10

01:28

Dr. Henderson was the former commander of the Army

11

Research Institute.

12

That's correct.

13

He wrote a book entitled Cohesion: The Human Element in

14

Combat; correct?

15

As far as I can recall.

16

The Senate Armed Services Committee also heard testimony

17

on the issue of unit cohesion from Dr. David Marlowe; correct?

18

That's correct.

19

He was also on the panel that you were on.

20

That's right; it was two against one.

21

Now, Dr. Marlowe was the Chief of the Department of

22

Military Psychiatry at Walter Reed Army Institute of Research.

23

As far as I can recall.

24

Okay.

25

01:29

And in terms of the impact of open homosexuality on

Tuesday, July 20, 2010

01:28

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01:29

01:29

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unit cohesion, Drs. Henderson and Marlowe expressly disagreed

with some of your conclusions; correct?

As far as I can recall.

As we've previously discussed, in addition to social

scientists, the Senate Armed Services Committee also heard

testimony from military leaders on the issue of unit cohesion;

correct?

That's correct.

For example, General Norman Schwarzkopf testified on the

10

issue of unit cohesion.

11

As far as I can recall.

12

As did General Gordon Sullivan; correct?

13

As far as I can recall.

14

Colin Powell also testified with respect to unit cohesion;

15

correct?

16

17

testified on.

18

19

cohesion; correct?

20

I have no feeling either way.

21

Uh-huh.

22

01:29

01:29

01:30

I recall him testifying.

I don't remember exactly what he

You have no reason to think he didn't testify about unit

01:30

General Calvin Waller also testified about unit

23

cohesion; correct?

24

I don't remember.

25

General Waller was your Senior Military Assistant when you

Tuesday, July 20, 2010

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01:30

1082

served as the Assistant Secretary of Defense; correct?

He was.

I want to pull up JX-3.

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5

JX-3 is the Senate Armed Services Committee report.


I'd like to draw your attention to Page 280.

You'll see here that Lieutenant General Calvin

Waller, U.S. Army, testified before the committee on April 29,

1993.

Do you see that?

10

I do.

11

And I'm not going to read into the record his paragraph.

12

It's in the record.

13

the issue of unit cohesion; correct?

14

From this statement, it looks like he did.

15

Now, Command Master Chief David Borne also testified about

16

the issue of unit cohesion back during the Senate Armed

17

Services Committee; correct?

18

I have no idea.

19

Why don't we look at JX-3, at 280, once again.

20
21

01:30

01:30

But it's fair to say he testified about

You'll see Command Master Chief David Borne, U.S.

01:31

01:31

Navy, testified on May 11, 1993.

22

Do you see that?

23

I do.

24

He says, "One of the most compelling arguments against

25

allowing openly gay men and women to serve in the military is

Tuesday, July 20, 2010

Trial Day 5, Volume II

01:31

1083

privacy.

However, there are others.

an eight-hour-a-day job; it's 24 hours a day, seven days a

week, for as long as six months at a time; and that is if you

are lucky.

close quarters together.

facilities.

from your co-workers.

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9

Some of us have done more.

Like aboard a ship is not

We sleep in extremely

We use the same head or bathroom

01:31

And you have nowhere you can go to just get away


In other words, you live together."

Now, it's fair to say that each of those military


leaders that we just talked about also testified that allowing

10

open homosexuals to serve would negatively impact unit

11

cohesion; correct?

12

I don't recall.

13

01:32

I don't recall all of the people.

There was a lot of people that testified during those

14

hearings, and I know there were people who testified on all

15

sides of the issue, as I can recall.

16

01:32

Okay.

17

Congress heard testimony on both sides with respect

18

to the issue of unit cohesion.

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20

made those decisions.

21

I wasn't asking you that.

22

Okay.

23

You're aware that the Senate Armed Services Committee

24

specifically considered and rejected the views you expressed

25

during the hearing; correct?

And I don't know how they decided who would testify, who

Tuesday, July 20, 2010

01:32

01:32

Trial Day 5, Volume II

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Some members did.

The committee itself did; correct?

I don't recall the vote.

and Senate 11 told me that they agreed with me.

last paragraph.

I do know that Senator Kennedy

Why don't we look at JX-3, at Page 280, the second to the

01:33

It says here, "The committee carefully considered the

testimony of other witnesses, including current and former

members of the armed forces and former Assistant Secretary of

10

Defense Lawrence Korb, who testified on March 31, 1993, that

11

these problems could be overcome through training and

12

education."

13

01:33

Do you see that?

14

I see that, yes.

15

And you have no reason to think the committee didn't

16

carefully consider your testimony?

17

18

mean the majority?

Do you mean every member?

19

what the vote was.

Do you?

20

I can't answer questions on the stand.

21

But you're asking me questions, so I would assume that you

22

know before you ask.

23

THE COURT:

24

THE WITNESS:

25

a scholarly dialogue here, so...

01:33

I would say, again, when you say "the committee," do you

Tuesday, July 20, 2010

I'm sorry, Sir.


All right.

I don't know

01:33

You just --

Sorry.

I'm trying to have


01:34

Trial Day 5, Volume II

1085

BY MR. GARDNER:

Let's look at the next page of joint Exhibit 3.


And the committee goes on to say, "The issue,

however, is not whether military personnel can be trained to

accept gays and lesbians as co-workers.

noted elsewhere in this report, military personnel may be

required to work with gays and lesbians who are DOD civilian

employees or contractor employees.

right to refuse to work with a gay or lesbian or to abuse or

As the committee has

No servicemember has the

10

harass such a person.

11

requiring military personnel to share their personal living

12

spaces with individuals who, by their acts or statements,

13

demonstrate a propensity or intent to engage in sexual conduct

14

with persons of the same sex."

15

This is not the same, however, as

And the committee responded further to your

16

testimony, if you go to the bottom of Page 281.

17

said, "It's one thing to use military training and education to

18

ensure that military personnel treat all persons, including DOD

19

civilians and contractors who happen to be gay or lesbian, with

20

dignity and respect.

21

however, to direct that military training and education be used

22

to require military personnel to accept shared living

23

arrangements with persons who, by their acts or statements,

24

demonstrate a propensity or intent to engage in sexual conduct

25

with persons of the same sex."

Tuesday, July 20, 2010

01:34

01:34

01:35

The committee

It would be something very different,

01:35

01:35

Trial Day 5, Volume II

1086

Now, it's fair to say, Dr. Korb, you disagree with

the Senate Armed Services Committee's judgment in this regard.

I disagree with the majority, yes.

Now, you're aware that the Senate heard testimony that

allowing open homosexuals to serve in the military would impact

unit cohesion with respect to privacy and sexual tension;

correct?

I don't know.

I want to see if I can refresh your recollection with your

10

deposition.

11

deposition, Lines 17 through 21.

12

(Complies.)

13

Were you able to read that, Dr. Korb, Lines 17 through 21?

14

Yeah.

15

And having read that, does that refresh your recollection,

16

Dr. Korb, that the Senate heard testimony that allowing open

17

homosexuals to serve in the military would impact unit cohesion

18

with respect to privacy and sexual tension?

19

Yes.

20

Okay.

21

Sir, if I can refer you to Page 348 of your

01:36

01:37

I said I'm aware of it.


01:37

Now, Dr. Korb, you're aware that the military has

22

begun to allow women on submarines; correct?

23

They have not.

24

Thank you.

25

01:36

They have said that they are going to.

They're going to.

And one of the things the Navy is looking at is

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01:37

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separate living accommodations for women on submarines;

correct?

on all their ships.

Including submarines; right?

Well, they're not on submarines.

They're going to be on submarines; right?

That's the stated policy, yes.

And you understand that the reason that the Navy is

Well, they have separate living accommodations for women

01:38

10

looking at the issue of separate accommodations is based on a

11

privacy concern.

12

I assume so.

13

And you think it's legitimate to have separate

14

accommodations for men and women on submarines based upon those

15

privacy concerns.

16

17

all -- we do it in all of our -- every place in society,

18

including over here.

19

20

attraction between men and women.

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22

like they have a separate women's room and a separate men's

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room.

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correct?

01:38

01:38

I think it's appropriate for men and women to have, in

And you believe it's legitimate based upon the sexual


01:38

I think it's based upon the way society does things, just

As well as the sexual attraction between men and women;

Tuesday, July 20, 2010

01:38

Trial Day 5, Volume II

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I'm not quite sure what you mean.

All right.

again from 1993.

Why don't we take a look at your testimony

MR. GARDNER:

If we can bring up JX-344 again, at

286.

BY MR. GARDNER:

find no basis whatsoever for separating the sexes in small

quarters in a military capacity.

01:39

And Senator Cohen asks you this question:

"So you can

Let me just ask you, should

10

there be separate facilities for women on board submarines or

11

aircraft carriers?"

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13

You answer Senator Cohen by saying, "I think there


already are separate facilities."

14

He asks you, "Should there be?"

15

And you say, "I think there should be."

16

He asks you, "Why?"

17

You say, "Well, because of the way in which society

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21
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25

01:39

01:39

expects us to separate people."


He then asks, "But why?

What would be the rational

basis for a society demanding separation of the sexes?"

01:39

You say, "I think it's based upon the moral values
that we have."
Senator Cohen then asks, "Does it have to do with
sexual attraction of males and females?"
And you answer, "Certainly.

Tuesday, July 20, 2010

That's one component of

Trial Day 5, Volume II

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it."

THE WITNESS:

That's just what I just said.

BY MR. GARDNER:

women, as to why they have separate living arrangements.

As far as I understand, yeah.

Uh-huh.

So one component is the sexual attraction between men and


01:40

Now, you're aware that Dr. Henderson and Dr. Marlowe

testified during the 1993 hearings that sexual tension between

10

male and female servicemembers had the potential to undermine

11

unit cohesion?

12

I don't recall.

13

All right.

14

recollection.

15

Well, let's see if I can refresh your

MR. GARDNER:

16

Page 296 through 297.

17

BY MR. GARDNER:

18

19

here.

20

01:40

If we can put up joint Exhibit 344, at

It's highlighted here in yellow.


We'll do one page at a time.

We'll just bring it up

How about that?

Senator Coats asks, "And you used the same term that

21

General Schwarzkopf used when asked a similar question.

He

22

said it would 'destroy.'

But

23

General Schwarzkopf said 'destroy.'

24

studied the issue, you are saying it would destroy that

25

cohesiveness which you describe as the key critical element of

Tuesday, July 20, 2010

01:40

Others have said 'undermine.'

01:40

As a psychiatrist who

Trial Day 5, Volume II

01:41

1090

success?"

And then Dr. Marlowe says, "I think it would go a

long way towards it.

By the way, I'm not a psychiatrist,

Senator; I'm a social anthropologist.

record."

I want that on the


01:41

Then Senator Coats questions Dr. Henderson.

Dr. Henderson says, "In answer to your generic

question 'What is the effect of sex on unit effectiveness,' it

is interesting to note that the Roper Poll surveyed soldiers

10

who returned from Desert Storm.

11

had mixed gender units, men and women in the same unit,

12

45 percent of those soldiers said that sexual activity was a

13

significant degrading factor in military effectiveness.

14

sex does have a negative effect."

15

Those soldiers in units that

basis for segregating men and women in closed living

17

situations?"

18
19

And so

Senator Coats then asks, "Is that essentially the

16

01:42

01:42

Dr. Henderson answers, "You have other issues too.


You have the privacy issue."

20

Senator Coats then asks, "But is it the sexual

21

attraction tension that could either undermine or destroy the

22

unit that is the basis for separate living quarters?"

23

Dr. Henderson says, "I would say that is a major

24

basis, yes."

25

Tuesday, July 20, 2010

Trial Day 5, Volume II

01:42

1091

BY MR. GARDNER:

refresh your recollection that, in fact, Dr. Henderson and

Dr. Marlowe did testify about the role of sexual tension and

privacy in connection with unit cohesion?

Yeah.

Okay.

Dr. Korb, having lived through these hearings, does that

01:43

Now, you're also aware, Dr. Korb, that Drs. Marlowe

and Henderson testified that sexual tension would also impact

10

unit cohesion if open homosexuals were allowed to serve;

11

correct?

12

Again, I'll take your word for it.

13

You have no reason to disagree with that.

14

I do not.

15

And at the end of the day, Dr. Korb, it's fair to say that

16

you disagree with the opinions expressed by these various

17

individuals with respect to unit cohesion.

18

As far as I can recall, yes.

19

Now, Dr. Korb, you mentioned on direct examination several

20

documents, and I want to ask you a few questions about each of

21

these documents.

22

01:43

That was 17 years ago.

01:43

01:43

You testified about the Crittenden Report; correct?

23

That's correct.

24

And the Crittenden Report considered the issue of whether

25

homosexual servicemembers pose a security risk; correct?

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1092

That's correct.

It didn't analyze issues associated with unit cohesion.

But at that time, one of the reasons for excluding openly

gay people was the fear that they could be blackmailed.

military -- you couldn't get a security clearance back then.

And that was the basis, rather than the other issues you just

raised, for excluding them.

issues.

So no

They didn't get into those other

Uh-huh.

10

My question to you was much more basic.

11

The Crittenden Report did not analyze issues

12

associated with unit cohesion; correct?

13

No, it did not.

14

And "Don't Ask, Don't Tell" was not based upon the concern

15

that homosexuals are a security risk; correct?

16

The policy before "Don't Ask, Don't Tell" --

17

I'm not asking you about that.

18

01:44

01:44

"Don't Ask, Don't Tell" is not based upon a concern

19

that homosexuals are a security risk.

20

That's correct.

21

And Congress received a copy of the Crittenden Report

22

during the 1993 hearings; correct?

23

That's correct.

24

Okay.

25

01:44

01:45

Now, you also mentioned on direct examination the

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1093

PERSEREC studies; right?

That's correct.

You actually addressed the PERSEREC studies in your 1993

testimony to the Senate Armed Services Committee.

As I can recall, yes.

In fact, you attached the PERSEREC report to your 1993

testimony.

Yes.

So Congress had before it the PERSEREC report when it

01:45

10

enacted "Don't Ask, Don't Tell."

11

12

it should not be considered definitive.

13

They did.

01:45

But Senator McCain said that it was a draft, so

Uh-huh.

14

Now, as an initial matter, you agree that the

15

December 1988 PERSEREC study was a draft.

16

17

they did not like the conclusions.

18

19

No.

01:45

I said that the Pentagon stamped it a draft after

Uh-huh.
And just so I understand your testimony, the

20

December 1988 PERSEREC study has on its title "Draft"; correct?

21

22

people who were concerned that if it came out, it would

23

undermine the basis for excluding openly gay and lesbian people

24

from service.

25

01:46

It was put on there after the study was completed by

Now, you don't know whether Congress actually considered

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1094

the conclusions in the PERSEREC report in enacting "Don't Ask,

Don't Tell"; correct?

I don't know whether the majority did or not.

Yeah.

And you're aware that shortly after the PERSEREC

draft was prepared, Under Secretary of Defense Craig Alderman,

Jr., sent a letter to the authors of the PERSEREC report;

correct?

That's correct.

10

You've actually seen that letter before.

11

Some 20 years ago, yes, I did.

12

And at your deposition.

13

Yes.

14

Which wasn't 20 years ago.

15

And you're aware that in that letter, Under Secretary

16

Alderman told the authors of the PERSEREC draft that they

17

lacked the authority to conduct research into the military

18

suitability area; correct?

19

I am.

20

In fact, it's your understanding that the PERSEREC report

21

did exceed the scope of the contract.

22

23

report, they felt that given where they were, it was important

24

for them to make the conclusions that they did.

25

01:46

01:46

01:46

01:47

It's my understanding that when the authors did the

And just so I'm clear, you don't dispute the fact that the

Tuesday, July 20, 2010

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1095

PERSEREC report exceeded the scope of the contract?

was not in the Manpower business.

got involved.

First of all, Craig Alderman is not a Manpower person.

He

So I don't know why he even

I was gone by then.

What's the answer to my question, Dr. Korb?

01:47

You don't dispute the fact that the PERSEREC report

exceeded the scope of the contract?

I don't dispute the fact that people there felt that way.

Uh-huh.

10

It's your understanding that it did exceed the scope

11

of the contract.

12

13

interpretation.

14

01:48

It's my understanding that you could make that narrow

Uh-huh.

15

Now, the letter from Craig Alderman, Jr., also noted

16

that the PERSEREC study was technically flawed; correct?

17

As I can recall, he put that in his letter, yes.

18

And you don't have the expertise to determine whether

19

there are, in fact, technical flaws in the draft PERSEREC.

20

21

Craig Alderman, who is not a Manpower person.

22

Well, I would put my expertise above that of

01:48

01:48

I need you to listen to my question, Dr. Korb.

23

You don't have the expertise to determine whether

24

there are technical flaws in the draft PERSEREC report;

25

correct?

Tuesday, July 20, 2010

01:48

Trial Day 5, Volume II

1096

I would say I have as much expertise as anyone else

looking at it.

All right.

4
5

Let's turn to Page 182 of your deposition, Lines 7


through 11.

01:49

MR. AENLLE-ROCHA:

MR. GARDNER:

THE COURT:

MR. AENLLE-ROCHA:

10

THE COURT:

11

Go ahead.

Counsel, what was the page?

182, Lines 7 through 11.

Any objection?
No, Your Honor.

Thank you.

12

BY MR. GARDNER:

13

14

deposition, beginning at Line 7.

01:50

Dr. Korb, I direct your attention to Page 182 of your

15

"QUESTION:

And, again, based upon your previous

16

answer, is it fair to say you don't really have the expertise

17

to determine whether or not there are technical flaws in the

18

PERSEREC?

19

ANSWER:

20

THE WITNESS:

I don't believe I do."


But that's not the question you asked

21

me, Counselor.

You asked me about Craig Alderman.

22

had as much expertise as he did.

23

BY MR. GARDNER:

24

That wasn't my question.

25

In the deposition, that's not what you asked me.

Tuesday, July 20, 2010

01:50

01:50

I said I

Trial Day 5, Volume II

01:50

1097

You're taking things out of context here.

Now, the letter from Under Secretary Alderman also stated

that the draft PERSEREC report contained significant omissions;

correct?

As far as I can recall.

And you don't know whether the draft PERSEREC report

reflects significant omissions.

I don't know what you mean by "significant omissions."

Well, you understand that Under Secretary Alderman stated

01:51

10

that the draft PERSEREC report contained significant omissions;

11

correct?

12

I understand that's what he says, yes.

13

And you don't know whether, in fact, the draft PERSEREC

14

does contain significant omissions?

15

All I know is that was his opinion.

16

Uh-huh.

17

whether he's correct.

19

In my opinion, he wasn't correct.

20

Uh-huh.

21

01:51

Let's look at Page 182 of your deposition, Lines 12


through 16.

23

MR. AENLLE-ROCHA:

24

THE COURT:

25

01:51

And, again, you don't know one way or the other

18

22

01:51

No objection, Your Honor.

Go ahead.

Tuesday, July 20, 2010

Trial Day 5, Volume II

1098

BY MR. GARDNER:

Line 12.

Dr. Korb, I draw your attention to Page 182, beginning at

"QUESTION:

Okay.

Do you know whether or not the

PERSEREC report reflects significant omissions with respect to

relevant court decisions concerning personnel security?

ANSWER:

THE WITNESS:

No, I don't."
Well, why don't you read the rest,

where I say I basically --

10

THE COURT:

11

THE WITNESS:

12

But, I mean, Your Honor, he keeps not putting all of

13

There's no question pending.

01:53

Oh, okay.

what I said in context, because I elaborated later on.

14
15

01:53

THE COURT:

And I'm aware of that.

But I think your

counsel is going to bring that up.

16

THE WITNESS:

01:53

Oh, okay.

17

BY MR. GARDNER:

18

19

PERSEREC report explicitly states that it did not engage in an

20

empirical analysis.

21

As far as I can recall.

22

And you have no reason to disagree with the PERSEREC

23

report's own view that it did not engage in an empirical

24

analysis.

25

By the way, you're aware that the December 1988 draft

01:53

No, I don't.

Tuesday, July 20, 2010

01:53

Trial Day 5, Volume II

1099

study was subject to peer review; correct?

distinguished scholars.

And by the way, you don't know whether the draft PERSEREC

I do know that the people who did it were very

That wasn't my question.

01:54

You don't know whether it was subject --

I do not know.

-- to peer review?

THE COURT:

You both need to wait until the other

10

person has finished speaking before you begin.

11

court reporter won't be able to make an accurate record.

12

BY MR. GARDNER:

13

14

the PERSEREC report to determine whether its results are valid.

15

I have not.

16

In fact, you don't possess the expertise to conduct such

17

an analysis.

18

I don't know what you mean by "the expertise."

19

You don't possess the expertise -- the skills, training,

20

and experience -- to conduct such an analysis.

21

22

out if the conclusions were true, or the methodology?

23

Otherwise, the

01:54

Now, you've never conducted any independent analysis of

But what do you mean?

01:54

01:54

That I would not know how to find

I think I have expertise in this area based on, as I

24

said before, my own experience and my own research.

25

Uh-huh.

Tuesday, July 20, 2010

01:54

Trial Day 5, Volume II

1100

MR. GARDNER:

I want to turn the Court's attention

and opposing counsel's attention to Page 180, beginning at

Lines 3 through 15.

THE COURT:

Any objection?

MR. AENLLE-ROCHA:

THE COURT:

Improper impeachment.

01:55

The objection is sustained.

BY MR. GARDNER:

the PERSEREC study with an open mind and disagreed with it,

At the end of the day, Dr. Korb, if Congress considered

10

that would not be irrational, in your opinion.

11

If they went into it with an open mind, no.

12

And sitting here, Dr. Korb, you don't know whether the

13

senators who voted for "Don't Ask, Don't Tell" in 1993 gave the

14

PERSEREC report the attention it was due.

15

I don't know.

16

Now, another document you mentioned on direct examination

17

was a study by the RAND Corporation in 1993; correct?

18

That's correct.

19

Now, as an initial matter, Dr. Korb, you agree that the

20

Senate Armed Services Committee was provided a copy of the RAND

21

report; correct?

22

As far as I can recall.

23

Now, for some context, the RAND report was based upon a

24

draft executive order that President Clinton intended to

25

promulgate to lift the previous ban on homosexuals in the

Tuesday, July 20, 2010

01:56

01:56

Trial Day 5, Volume II

01:56

01:56

1101

military; correct?

As far as I can recall.

The purpose of the RAND study was to look at how best to

implement that draft executive order.

yes.

alternatives to lifting the former ban on homosexuals in the

military.

They wanted to follow the commander-in-chief's guidance,

01:57

And the RAND report was not looking at various

10

Not in 1993, no.

11

Now, let's take a look at that RAND study.

12

up on the screen joint Exhibit 8, Bates 496.

13

01:57

And we'll put

Dr. Korb, according to the RAND report, it states

14

that "a series of congressional hearings held during the spring

15

of 1993 revealed a broad range of opinion on the subject.

16

senior military officials, such as retired Army General

17

Norman Schwarzkopf, stated that they believed current policy

18

banning homosexuals should remain unchanged.

19

former members of the military supported permitting homosexuals

20

to serve.

21

divided opinions on the issue."

22

Many

01:57

Other current and

Expert witnesses and social scientists voiced

01:58

Dr. Korb, do you agree with the RAND Corporation's

23

characterization of the congressional hearings in the spring of

24

the 1993?

25

Yes, I do.

Tuesday, July 20, 2010

01:58

Trial Day 5, Volume II

1102

In fact, Dr. Korb, you agreed that Congress was provided

with a range of opinions on the issue of gays in the military

during the 1993 debates.

I said there were different opinions, yes.

And if you, or really anyone, for that matter, wanted to

know the extent to which Congress considered certain opinions,

you'd have to poll those congressmen; right?

That's correct.

And sitting here today, you can't say what opinions

10

certain congressmen found more persuasive than others.

11

I cannot.

12

Now, let's turn to the Bates ending in 778 of the RAND

13

report, which is joint Exhibit 8.

14

01:58

01:58

This says, "During the Senate Armed Services

15

Committee hearings on the topic in March through June of 1993,

16

there was a division of opinion among military social

17

scientists as to the likely effect of lifting the ban."

18

01:59

As we discussed earlier, Dr. Korb, you agree that

19

there was a difference of opinion expressed on this issue

20

during the 1993 hearings; correct?

21

Correct.

22

And the RAND report goes on to say, on that same page,

23

"Retired Colonel William Darryl Henderson, former Commander of

24

the Army Research Institute; Dr. David Marlowe, Chief of

25

Military Psychiatry at Walter Reed Army Institute of Research;

Tuesday, July 20, 2010

01:59

Trial Day 5, Volume II

01:59

1103

and Professor Charles Moskos, Department of Sociology,

Northwestern University, predicted that the presence of

acknowledged homosexuals would significantly disrupt unit

cohesion."

Dr. Korb, that's consistent with your recollection of

their testimony.

It is.

And the RAND report goes on to state, "Others, including

Dr. Lawrence Korb, Brookings Institution; Professor

10

David Segal, Department of Sociology, University of Maryland;

11

Professor Judith Stiehm, Department of Political Science,

12

Florida International University, disagreed."

13

02:00

02:00

That's also consistent with your recollection.

14

It is.

15

Okay.

16

02:00

And, ultimately, Dr. Korb, after being presented with

17

these competing views, Congress concluded that allowing open

18

homosexuals to serve in the armed forces would create an

19

unacceptable risk to the high standards of morale, good order

20

and discipline, and unit cohesion; correct?

21

The majority of Congress voted that way, yes.

22

Uh-huh.

23

02:01

Now, Dr. Korb, you testified on direct examination

24

about enlistment waivers; right?

25

"Moral waivers," I think, was the term I used.

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:01

1104

Uh-huh.

The technical term is "enlistment waivers"; right?

Well, the Pentagon's term is "moral waivers."

I'll use your vocab.

It's your opinion that the increased use of moral

waivers for those with felony convictions decreases military

readiness.

Decreases military readiness.

That's what I said.

10

Yes.

11

Okay.

12

02:01

You can't say how much standards have dropped solely

13

as a result of "Don't Ask, Don't Tell."

14

15

problems that have been created, the number of divorces,

16

suicides, spousal abuse, as one indication.

17

Well, I think that one can take a look at the mental

I'll try it one more time.

19

You can't say how much standards have dropped solely

20

as a result of "Don't Ask, Don't Tell"; correct?

21

I think I can.

22

All right.

24
25

02:01

Uh-huh.

18

23

02:01

MR. GARDNER:

02:02

Your Honor, plaintiff's counsel, I'd

like to refer the witness to Page 310, Lines 18 through 21.


THE COURT:

Tuesday, July 20, 2010

What page and line again, please?

Trial Day 5, Volume II

02:02

1105

MR. GARDNER:

Page 310, Lines 18 through 21.

MR. AENLLE-ROCHA:

THE COURT:

Objection.

Improper impeachment.

Sustained.

BY MR. GARDNER:

those standards have dropped solely as a result of "Don't Ask,

Don't Tell."

Dr. Korb, you can't tell me, sitting here today, how much

MR. AENLLE-ROCHA:

THE COURT:

Objection.

02:03

Asked and answered.

Sustained.

10

BY MR. GARDNER:

11

12

enlistment waivers in the mid-2000s increased; correct?

13

14

guess.

15

02:04

Dr. Korb, it's your understanding that the number of

Yes, that's my understanding; starting about 2004, I

Yeah.

16

02:04

About 2003 through 2006, there was an uptick in the

17

number of moral waivers; correct?

18

Yes, there was.

19

And the number of discharges under "Don't Ask, Don't Tell"

20

actually trended downward during that same time period;

21

correct?

22

Slightly downward, yes.

23

In fact, it's your understanding that the military is not

24

currently giving moral waivers; correct?

25

At this particular time, because we're getting out of Iraq

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:04

02:04

1106

and because of the high unemployment, they do not have to lower

their standards and give these waivers, that's correct.

discharges under "Don't Ask, Don't Tell" is less than 1 percent

of all military discharges.

the number of people who don't reenlist because they are, as

Admiral Marlowe said, tired of living a lie.

I'm asking about discharges, the number of discharges.

10

That's correct.

11

In fact, discharges for "Don't Ask, Don't Tell" are

12

roughly .3 percent of all military discharges; correct?

13

Direct discharges, yes.

14

Uh-huh.

Now, percentagewise, you agree that the number of

The discharges.

15

02:04

But you also have to take into account

02:05

And you can't quantify the impact on military

16

readiness based upon the less than 1 percent of servicemembers

17

discharged under "Don't Ask, Don't Tell."

18

19

at them.

20

21

waivers tend to stay in the service longer than those that

22

don't need waivers.

23

I don't know if we have enough data on that yet.

24

You don't know whether those that receive moral waivers

25

tend to reenlist at rates higher than those that do not need

02:05

The readiness statistics are classified, so I can't look

Now, you don't know whether those that receive moral

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:05

02:05

1107

waivers.

usually enlist for four years, so you're just beginning to see

what it turns out.

The answer is, you don't know.

We don't know.

You don't know whether those that receive moral waivers

win more valor awards than those that don't need waivers.

I don't have the statistics on that.

10

You don't know whether those that receive moral waivers

11

get promoted faster than those that do not need moral waivers.

12

I don't have the data on that.

13

Now, Dr. Korb, you testified that the number of discharges

14

under "Don't Ask, Don't Tell" decreases during war time;

15

correct?

16

It has, yes.

17

Now, one possibility for this is that homosexuals in the

18

military may decide to elevate their desire to serve during war

19

time above their desire to disclose their sexual identities;

20

correct?

21

22

else.

23

24
25

I think we would have to look at the data, because people

02:06

02:06

02:06

02:06

Most of the people who are discharged are outed by someone

Uh-huh.
What's your basis for saying that?

Basically, if you look at the ones who have been

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:07

1108

discharged and the cases.

Uh-huh.

And just so I'm clear, what percentage of discharges

under "Don't Ask, Don't Tell" are the result of third-party

outings, Doctor?

policy and no longer allows third-party outings, basically it's

at least half.

when he changed the policy, that's the indication that he gave.

02:07

Well, according to Secretary Gates, who has changed the

But I have not seen the data.

I just know that

10

Now, to be clear, you understood that half the discharges

11

are based upon a statement; correct?

12

Correct.

13

And the statement could come from the servicemember or a

14

third party; correct?

15

That's correct.

16

In fact, I believe it's, what, 83 percent of discharges

17

under "Don't Ask, Don't Tell" were because of a statement;

18

correct?

19

As far as I know.

20

And sitting here today, can you tell me what percentage of

21

that 83 percent are based upon a third-party statement?

22

23

statements because they are asked, based on third-party

24

reports, based upon other indications.

25

Secretary Gates has changed the policy because he was so

02:07

02:07

02:08

Well, I think it's hard to say, because people make

Tuesday, July 20, 2010

All I know is that

Trial Day 5, Volume II

02:08

1109

concerned about the number of people being forced out.

Okay.

No, I can't.

But sitting here today, you can't tell me the --

MR. GARDNER:

THE COURT:

MR. AENLLE-ROCHA:

No further questions, Your Honor.

Redirect examination.

02:08

Thank you, Your Honor.

REDIRECT EXAMINATION

BY MR. AENLLE-ROCHA:

10

Dr. Korb, good afternoon.


Why are you an advocate for the repeal of "Don't Ask,

11

Don't Tell"?

12

13

own experience, that this is a policy that should be changed,

14

just as the policy on integrating African Americans, opening up

15

combat opportunities for women.

16
17

02:09

Because, basically, I feel, based upon my own research, my

02:09

So when you say "advocate," I would use a different


term:

18

Support.
And I think it would make the country safer.

And as

19

I pointed out before, it would widen the pool of people from

20

whom you could recruit.

21

people out, some of whom have skills that we need, like

22

translators or weapons officers.

23

24

deposition testimony.

25

regarding your use of Google.

It would also not force us to put

02:09

I'd like to direct your attention to Page 125 of your

Tuesday, July 20, 2010

The government asked you a question


02:10

Trial Day 5, Volume II

1110

Yes.

Do you have that before you, towards the bottom of the

page?

Yes.

Is Google a source of information or a tool to gather?

It's a tool.

card catalogue.

bottom of 125 and 126, is there anything further you'd wish to

We used to go to the library, look in the

Now you don't have to do that.

And giving you now an opportunity to look at both the

10

amplify with respect to your answer on the use of that tool?

11

12

out what people have said, what the research is.

13

if you go on Google, you'll find out that General Powell has

14

changed his mind about, you know, whether the law makes sense.

16

THE COURT:

17

BY MR. AENLLE-ROCHA:

18

Had you finished your answer?

19

And, for example, General Shalikashvili, who was the

20

Chairman of the Joint Chiefs of Staff when this bill was

21

passed, basically he's also changed his mind on this.

22

Objection.

For example,

MR. GARDNER:

Nonresponsive, Your Honor.

Same objection, Your Honor.

Nonresponsive.
THE COURT:
/

Overruled.

Tuesday, July 20, 2010

02:11

Overruled.

MR. GARDNER:

24
25

02:10

Well, basically, you use that tool, among others, to find

15

23

02:10

Trial Day 5, Volume II

02:11

1111

BY MR. AENLLE-ROCHA:

Volume III.

Yes, I have it.

Your June 2009 monograph.

Exhibit 52?

Exhibit 58.

58.

Then I'm going to ask you also to look at Page 38 of your

I'd like to direct your attention to Exhibit 58,


I don't know if you have that available or nearby.

Okay.

02:12

Got it.

10

deposition.

11

Okay.

12

You were asked by the government about, if you will, the

13

vetting process or the peer-review process in connection with

14

your monograph.

15

02:12

And I also want to give you the opportunity to read

16

through your answer on that page.

17

Okay.

18

Could you explain what you meant at Lines 7 through 9 of

19

Page 38 of your deposition transcript.

20

21

This goes back to the discussion we had this morning.

02:13

02:13

In the academy, you have peer-reviewed journals, like

22

the Public Administration Review, the American Political

23

Science Review; and if you submit an article, they send it out

24

to be reviewed by your peers; or if you publish a book, like I

25

have for University Press, it's sent out to be reviewed by

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:14

1112

people there.

We did not do that.

But what we did was to send this

to people who have studied in this area and got their comments,

did we miss something, did we -- for example, Bernie Rostker,

who did the 1993 RAND report, reviewed this.

called me with a couple of suggestions for changes, which I

incorporated.

8
9

In fact, he

02:14

And then, when the report is done, we have an open


session.

We invite people from all points of view to come.

We

10

discuss the report; we critique the report.

We have people on

11

all sides of the issue who come up and, you know, discuss it;

12

so it's out in the public domain with as many points of view as

13

we can get.

14

American Enterprise Institute to come and critique our studies.

15

16

June 2009 monograph entitled Ending "Don't Ask, Don't Tell"?

17

18

authors of the report, who went on to become Under Secretary

19

for Personnel and Readiness, called me about it.

20

21

deposition.

22

Okay.

23

You were asked a question by the government in connection

24

with the sources of information that you relied upon in

25

reaching the conclusion that "Don't Ask, Don't Tell" has a

I regularly invite people from Heritage and

And did that happen in connection with Exhibit 58, your

Yes.

02:14

02:14

As I mentioned, Bernie Rostker from RAND, one of the

I'd like to direct your attention now to Page 121 of your

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:15

02:15

1113

substantial economic or financial impact on the military.

Could you please describe what sources you relied

upon in reaching that conclusion.

Office study.

former Secretary of Defense, William Perry.

report that those are two different sources, and we basically

said probably, you know, somewhere in the middle is correct.

But as I explained before, it's hard to quantify a

Well, basically, we looked at the General Accountability


We also looked at the study that was done by
And we put in our

10

lot of these costs.

11

would lose a pilot, that would cost you a million dollars to

12

get that man or woman up there.

13

that you count.

14

02:16

We estimated back in the '80s that if you

02:16

So it depends on the costs

We used to estimate, given what we spent on

15

recruiting, to get that man or woman through the door was

16

$10,000.

17

adding very much after that.

18

was, Here are two reports; somewhere roughly in the middle is

19

our estimate.

20

21

your own personal experience in managing 70 percent of the

22

Pentagon budget?

23

24

upon my own experience, because part of the problem in the

25

defense budget is where costs are.

And if you put that into the GAO report, they're not
So I think basically what we said

And in reaching your conclusion, did you also consider

Yes.

02:16

02:17

Obviously, whenever I deal with these issues, I draw

Tuesday, July 20, 2010

For example, military

Trial Day 5, Volume II

02:17

1114

health care costs are not in personnel; they're in the

operations and maintenance budget.

you're just looking at personnel costs, you would not know

that.

Page 51 and the top of Page 52 of your deposition testimony.

Specifically, I'm referring to your answer.

Okay.

You'll recall that you were asked by the government about

So unless you know that, if

I'd like to direct your attention now to the bottom of

10

your reliance or nonreliance on testimony presented before the

11

Armed Services Committee.

12

In connection with your answer, "It is not a document

13

I considered because several of the people quoted in there have

14

changed their mind on this; for example, Charlie Moskos," what

15

did you mean by that?

16

17

changed his mind; General Shalikashvili has changed his mind.

18

And even Charlie, shortly before he died, when we spoke about

19

that, basically, you know, his feeling was that a lot of these

20

concerns were no longer true, given the way society has changed

21

in the period.

22

And what feelings or concerns are you referring to?

23

Well, people were concerned, as the government said, about

24

the impact on unit cohesion and military readiness.

25

now had experience under "Don't Ask, Don't Tell" where we have

02:17

02:18

02:18

Well, basically, as I pointed out, General Powell has

Tuesday, July 20, 2010

02:18

But we've

Trial Day 5, Volume II

02:18

1115

gay people there, who the polls tell us, men and women, serving

with them know.

And that's something that General Powell relied on back in '93,

because the British did not want to change their policy.

said their military was a lot like ours.

deploys; it has nuclear weapons.

We also have the experience of the British.

He

It has submarines it

02:19

But after they were forced by the European Court of

Human Rights to change the policy, none of the dire predictions

that they had came true.

10

And when you say that General Powell and others changed

11

their mind about that, what did you mean by that?

12

13

to serve would undermine unit cohesion.

14

15

testimony before the Senate Armed Services Committee.

16

Okay.

17

Go over to Page 258.

18

Got it.

19

That's correct.

02:19

Basically, their feeling that allowing openly gay people

I'd like to direct your attention now to Exhibit 344, your

20

02:20

258?

I believe you were asked by the government concerning

21

your view at the time in connection with morale and unit

22

cohesion.

23

That's correct.

24

Is your view any different today?

25

Basically, I feel that the preponderance of evidence is

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:20

02:21

1116

moving in the direction that shows it has no impact, based upon

polls of men and women who served in Iraq and Afghanistan

alongside units that allow openly gay people to serve.

fact, as I pointed out in the most recent report, you've

actually even had blood transfusions among the troops of the

different nations, some of whom allow openly gay people to

serve.

of your statement before Congress.

And, in

I'd like to direct your attention to the top of Page 259

10

Okay.

11

Specifically, the first full sentence at the top of that

12

page.

13

02:22

"Therefore, the short-term costs of maintaining unit

14

cohesion caused by changes in the policy, are likely to be

15

minimal."

16

02:22

Was that your view then?

17

18

given the experience of the Israelis, the British, the

19

Canadians, and the Australians, countries that have values

20

similar to ours and cultures similar to ours, and who have

21

militaries that engage in the same type of operations.

22

23

the next paragraph of your statement, the second sentence.

24
25

02:21

That was my view then.

And it's even more reinforced now,

02:22

I'd like to direct your attention a little further down in

"However, based upon my own military service, policy


research, and Pentagon experience, I find no convincing

Tuesday, July 20, 2010

Trial Day 5, Volume II

02:22

1117

evidence that changing the current policy would undermine unit

cohesion any more than the other social changes that society

has asked the armed forces to make over the past 50 years."

Was that your view then?

That was my view then.

And is it still today?

Actually, I think it would be less, based upon the

experiences of other countries who have done it.

02:23

You were asked on cross-examination in connection with

10

your statement to Congress that you thought there could be a

11

temporary effect on morale and cohesion.

12

What did you mean by that?

13

14

uncertainty, particularly depending upon how you do it.

15

02:23

Well, whenever you have any change, there's going to be

For example, the Navy simply ignored President Truman

16

from 1948 to 1970.

17

in teaching at the Navy War College, we ended up on two

18

carriers in the Tonkin Gulf with race riots on the ship.

19

think, given back then, if the commander-in-chief

20

President Clinton had been able to do what commander-in-chief

21

President Truman did, and was able to change that policy,

22

knowing that people -- for example, people like General Powell

23

and General Mundy were, actually even before the hearings

24

started, giving speeches saying they wouldn't do that.

25

that could have caused some problems.

Tuesday, July 20, 2010

That caused problems.

02:23

And as I mentioned,

So I

02:24

But
02:24

Trial Day 5, Volume II

1118

I'd like to direct your attention to Exhibit 59, your

expert report in this case.

Okay.

I think it's Volume III again.

All right.

Is any of the wording in that report not yours?

No.

And they are all your words.

They are my words exactly.

10

Sorry to keep making you flip back and forth, but I'd like

11

to take you back to your testimony before Congress,

12

Exhibit 344, Page 256, the top paragraph.

13
14

Where is that?

Okay.

02:24

I read that report and signed off on it.

You were asked a question in connection with this


paragraph.

15

My question to you is, what did you mean by the word

16

"definitively" in the context of this paragraph?

17

18

know exactly.

19

predictions.

20

whether it's an economist or a political scientist or a

21

sociologist -- so I said you couldn't definitively answer it,

22

because you can't disprove a negative.

23

02:25

02:26

Basically, any type of social science research, you cannot


You take all of the data; you can make
Sometimes, as we see, social scientists, myself,
02:26

But I tried to, in my answer, say that given the

24

events of the last 17 years, I am less concerned about that

25

than I was back then.

Tuesday, July 20, 2010

02:26

Trial Day 5, Volume II

1119

You mean less concerned today.

Less concerned today, yes.

You were also shown a series of excerpts of testimony

regarding some of your fellow panelists at the time of your

congressional testimony in 1993.

02:27

Do you disagree with Dr. Henderson's view on unit

cohesion?

I do.

Why?

10

Well, basically, because I think the better term is task

11

cohesion, because what task cohesion does is basically say, can

12

we get the men and women in this group to carry out the

13

assignment that they are given?

14

02:27

And it doesn't really matter what you think about the

15

other people, as long as you're willing to work with them to

16

carry out your assignment.

17

18

shown some excerpts regarding his testimony before Congress at

19

the same hearing.

20

On unit cohesion?

21

Yes.

22

I do.

23

the British who fought bravely with us in Iraq and Afghanistan;

24

had 40,000 troops in Iraq; had no problems at all.

25

Americans were actually serving with them, sharing bases and

How about in connection with Dr. Marlowe?

02:27

You were also

Do you disagree with Dr. Marlowe's view?


02:27

And, again, because we now have the experience of

Tuesday, July 20, 2010

The

Trial Day 5, Volume II

02:28

1120

everything, and there was no problem.

largest contributor in Afghanistan other than us, and we don't

say to them, Don't send your openly gay people; we say, Send

your troops.

The British are the

And if you look at Iraq and Afghanistan, virtually

every other nation that came to help us allows openly gay

people to serve.

and circumstances have changed since Congress considered this

10

Is it fair to say that additional facts have come to light

issue in 1993?

02:28

11

MR. GARDNER:

12

THE COURT:

13

THE WITNESS:

14

THE COURT:

15

answer the question.

16

BY MR. AENLLE-ROCHA:

17

18

congressional hearings in 1993?

19
20
21

02:28

Objection.

Leading.

Sustained.
I would say --

When I sustain the objection, you don't


02:28

Have there been changed circumstances since the

MR. GARDNER:

Beyond the scope of the

cross-examination.

02:29

MR. AENLLE-ROCHA:

The cross-examination focused

22

extensively on the circumstances that were in effect in 1993

23

and asked him to acknowledge, affirm testimony that was

24

presented before Congress in connection with the circumstances

25

that were in effect.

Tuesday, July 20, 2010

I think that it's a fair area of --

Trial Day 5, Volume II

02:29

1121

THE COURT:

The objection is overruled.

Do you remember the question?

THE WITNESS:

MR. AENLLE-ROCHA:

Could the court reporter...

THE COURT:

THE WITNESS:

Please repeat it.


I'm not sure I can.
02:29

Do your best.
I think your question was, in light of

the changed circumstances since then, would I disagree with

those people?

10

Yes.

Even more today than I did back then, as I

11

mentioned, given the people that were serving within these very

12

prolonged wars, given the polls taken by veterans coming back

13

from Iraq and Afghanistan, in terms of, did they know gay

14

people were there and did it impact on the morale?

15

If you look at all of that data, it shows that the

16

dire predictions made by people like Drs. Marlowe and Henderson

17

had no basis.

18

BY MR. AENLLE-ROCHA:

19

20

the views of Generals Schwarzkopf and Powell in connection with

21

the 1993 congressional hearings.

22

02:29

02:30

You were also shown a series of quotes or references to


02:30

As far as you know, was there empirical research that

23

had been done to support their views?

24

25

commanders.

As I can recall, it was based on their experiences as

Tuesday, July 20, 2010

02:30

Trial Day 5, Volume II

1122

Have gays historically been segregated in society the way

men and women have been?

Not to my knowledge.

How about in the military?

Not to my knowledge.

02:31

As I mentioned, I knew at least two people when I was

there, and that was a long time ago.

And, in fact, I mentioned

I shared a room and, you know, facilities with someone who

admitted to me while we were there that he was gay.

10

With respect to those who hold the view that the exclusion

11

of gays from the military is appropriate, in your opinion,

12

Dr. Korb, have the rationales for excluding gays changed over

13

time?

14
15

MR. GARDNER:

Objection.

Beyond the scope of

cross-examination.

02:31

16

THE COURT:

17

MR. AENLLE-ROCHA:

Sustained.
Your Honor, if I may be heard, I

18

would add that during the cross-examination, the witness was

19

asked about the Crittenden Report and the rationales for

20

excluding gays at that point in time, as well as additional

21

grounds that --

22

THE COURT:

Then you may ask another question that is

23

tied specifically to the Crittenden Report or his testimony

24

about the Crittenden Report.

25

Tuesday, July 20, 2010

02:31

Trial Day 5, Volume II

02:32

1123

BY MR. AENLLE-ROCHA:

grounds for excluding gays as articulated in the Crittenden

Report.

Dr. Korb, you were asked on cross-examination about the

What are your views with respect to those grounds?

from serving in the military because they could be a security

risk was without foundation.

take a look at what has happened in intelligence agencies, we

The Crittenden Report basically said that excluding gays

And, basically, I think if you

10

no longer exclude people on the basis of being a security risk.

11

And as I mentioned in my testimony at able, basically what

12

happened after we had spy scandals in the mid-'80s when I was

13

there -- 1985 was the year of the spy.

14

Lynne, who was a Navy man; we had Jonathan Pollard, who was a

15

civilian analyst; and we had Larry Wu-Tai Chin, another

16

government employee, who were accused of spying.

17

take a look and see what was the issue in terms of security

18

clearances.

19

we found out being gay was not the problem.

20

21

PERSEREC report of 1993 [sic].

22

02:33

02:33

We had John Walker

02:33

We decided to

And it turned out, again, when we did that study,

You were asked questions on cross-examination about the

02:34

What did you understand that report to address?

23

Basically, what that report said was there was no evidence

24

to support the conclusion that gays would not be effective

25

people in the military.

Tuesday, July 20, 2010

02:34

Trial Day 5, Volume II

1124

And were you referring to the PERSEREC report of 1988?

That's correct.

I believe I misspoke.

Okay.

And did you understand Congress to have considered that

report --

My understanding --

-- back in --

THE COURT:

I said 1993.

Wait.

Excuse me.

02:34

Why don't you start your question

10

again.

11

BY MR. AENLLE-ROCHA:

12

13

PERSEREC report at the time of the congressional hearings on

14

"Don't Ask, Don't Tell" in 1993?

15

02:35

Did you understand Congress to have considered the 1988

As far as I know, they did.

02:35

16

MR. AENLLE-ROCHA:

17

Nothing further, Your Honor.

18

THE COURT:

19

You're excused.

20

THE WITNESS:

21

THE COURT:

22

MR. GARDNER:

23

THE COURT:

24

THE WITNESS:

You can have it all here.

25

MR. GARDNER:

You don't want to take them as

Tuesday, July 20, 2010

If I may have one moment.


Thank you.

Thank you.
You may step down.

Thank you very much, Your Honor.

02:35

You're welcome.
Your Honor, can I retrieve our binders?

Yes.

Certainly.

Trial Day 5, Volume II

02:35

1125

souvenirs?

THE COURT:

You may call your next witness.

MR. WOODS:

We would now call Mr. John Alexander

THE COURT:

Actually, maybe we should take our

4
5
6

Nicholson.

afternoon recess now.

So we'll be in recess for 15 minutes.

Thank you.

(Whereupon, a brief recess was held.)

THE COURT:

Your next witness.

10

MR. AENLLE-ROCHA:

11

John Alexander Nicholson.

12

THE CLERK:

Thank you, Your Honor.

03:01

Do you solemnly state that the testimony

13

you may give in the cause now pending before this Court shall

14

be the truth, the whole truth, and nothing but the truth, so

15

help you God?

16

THE WITNESS:

17

THE CLERK:

18
19

02:37

Yes, I do.

Please state your full name and spell it

for the record.


THE WITNESS:

John Alexander Nicholson, III.

20

J-o-h-n; middle name, A-l-e-x-a-n-d-e-r; last name,

21

N-i-c-h-o-l-s-o-n, suffix III.

22

THE COURT:

23

MR. SIMPSON:

That's

Thank you.
Your Honor, if we could just say before

24

we start if we could have a standing objection based on the

25

contents of our motion in limine, Docket No. 180.

Tuesday, July 20, 2010

03:02

Trial Day 5, Volume II

03:02

1126

THE COURT:

Yes.

Do you want to state the grounds?

MR. SIMPSON:

Basically, Your Honor, that no

testimony -- well, first of all, of course no testimony at all

was appropriate in this facial challenge.

relation to Mr. Nicholson and the other former servicemembers,

that the particular circumstances of their service and

discharges are irrelevant, as well.

9
10

THE COURT:

Yes.

Thank you.

And particularly, in

03:02

You have a standing

objection.

03:03

11

MR. SIMPSON:

12

THE COURT:

13

You may inquire.

14

MR. AENLLE-ROCHA:

15

Thank you, Your Honor.

All right.

Thank you.

Thank you, Your Honor.

DIRECT EXAMINATION

03:03

16

BY MR. AENLLE-ROCHA:

17

Mr. Nicholson, what is your current occupation?

18

I'm the executive director of Servicemembers United and

19

the Servicemembers United Action Fund.

20

What is Servicemembers United?

21

It's the largest organization of gay and lesbian troops

22

and veterans and their supporters in the United States.

23

an advocacy organization that advocates on behalf of issues for

24

the gay military, veteran and defense community.

25

03:03

It's

Where is it headquartered?

Tuesday, July 20, 2010

03:03

Trial Day 5, Volume II

1127

It's headquartered in Washington, D.C.

Are you a former member of the United States Armed Forces?

Yes, I am.

Which branch?

United States Army.

Why did you separate from the Army?

I was discharged pursuant to the "Don't Ask, Don't Tell"

law.

Before joining the Army, did you graduate high school?

10

Yes, I did.

11

How old were you when you graduated high school?

12

I was 17 years old when I graduated high school.

13

What year was that?

14

That was 1999.

15

Which high school did you graduate from?

16

I graduated from Western Guilford High School in

17

Greensboro, North Carolina.

18

19

from high school?

20

Yes, I had.

21

What language?

22

I learned Spanish before graduating high school.

23

How did you come to learn Spanish?

24

I took approximately five years -- excuse me, I took

25

approximately four years of high school Spanish between the

03:03

03:03

03:04

Had you learned any foreign languages before graduating

Tuesday, July 20, 2010

03:04

Trial Day 5, Volume II

03:04

1128

time I was in the eighth grade and the time I graduated from

high school.

Why did you take up Spanish?

It was a language and a culture that I had been interested

in personally.

and languages, and it's just something that I decided to pursue

when presented with the opportunity when I was in the eighth

grade.

opportunities further presented themselves throughout high

I grew up with an interest in foreign cultures

03:04

And it's something that I decided to continue as

10

school.

11

12

high school Spanish in the eighth grade?

13

14

that allowed me to exempt certain classes in my eighth-grade

15

year and allowed me to take certain high school classes early

16

with a group of other accelerated students.

03:05

How is it that you came to be able to take essentially

I was given an aptitude test essentially in middle school

17

And so I took Spanish -- high school Spanish in the

18

eighth grade along with a couple of other high school classes

19

that same year.

20

21

outside the classroom?

22

23

semester when I was in the 11th grade, and we spoke Spanish in

24

the home a lot of the time.

25

practice it with that family, which included a mother who was

Did you have the opportunity to practice your Spanish

Yes.

03:05

03:05

I lived with a Hispanic family for approximately one

Tuesday, July 20, 2010

And I had an opportunity to

Trial Day 5, Volume II

03:06

1129

fluent in Spanish, a father who was native Hispanic, as well as

three children who spoke Spanish fluently.

graduated from high school?

the time I graduated from high school.

Did you find it easy to learn the language?

Yes, I did.

What did you do after you graduated from high school?

10

I enrolled in the University of North Carolina at

11

Greensboro to pursue a bachelor's degree.

12

Do you recall the year?

13

That was in the fall of 1999.

14

How long did you study at the University of North Carolina

15

at Greensboro?

16

I was there for two semesters.

17

Did you study any foreign languages while attending the

18

University of North Carolina?

19

Yes, I did.

20

What languages were those?

21

I studied both Spanish and Italian during that year.

22

began my freshman year of college in upper class -- upper-level

23

Spanish classes, because I took a placement exam during

24

orientation that exempted me from most of the lower-level -- or

25

from all of the lower-level college Spanish classes.

Describe your level of fluency in Spanish by the time you

I would consider myself fairly fluent in the language by

Tuesday, July 20, 2010

03:06

03:06

03:07

03:07

Trial Day 5, Volume II

03:07

1130

And so I began taking upper-level Spanish classes my

freshman year.

And I also enrolled in and took Italian my

freshman year.

took, how old were your contemporaries in class?

Spanish majors.

That was as a freshman for you; correct?

Correct.

10

Could you describe your proficiency in Italian after that

11

first year at the University of North Carolina?

12

With respect to the upper-level Spanish classes that you

They were some juniors and mostly seniors, a lot of

03:08

Sure.

13

I would say that I was fairly proficient at Italian,

14

because Italian was another romance language fairly similar to

15

Spanish, and once I learned sort of the rules of conversion for

16

Spanish to Italian, it was relatively easy to pick up the

17

linguistic structure for the language.

18

is very similar, the language structure is very similar, the

19

grammar is very similar.

20

03:08

03:08

A lot of the vocabulary

So I was a lot farther ahead than a lot of the other

21

students in that introductory Italian class.

22

the class, with the background I had, being fluent in another

23

romance language, I was fairly proficient in Italian, as well.

24

25

University of North Carolina?

03:09

And by the end of

Did you complete your first year of study at the

Tuesday, July 20, 2010

03:09

Trial Day 5, Volume II

1131

Yes.

Did you return for a second year?

No, I did not.

Why not?

I just wanted to take some time off from college, and I

decided not to enroll in that second year.

What did you do?

I just moved down to Miami and got a job down there, took

the year off.

10

You said you served in the armed forces.

11

your service at that point in time?

12

13

through a lot of the testing, the aptitude testing and things

14

of that nature that are rather common in the recruiting process

15

at that time, the time after I finished my first year at UNC

16

Greensboro, but before I moved to Miami.

No.

17

03:09

I did visit a recruiter at that point in time; went

03:10

But ultimately I decided not to go into the Army at

18

that time.

19

and live down there instead.

20
21

Did you begin

03:09

I chose to take the year off and move down to Miami

THE COURT:

I don't think you've established what

03:10

year this was.

22

MR. AENLLE-ROCHA:

23

BY MR. AENLLE-ROCHA:

24

25

high school?

You're correct, Your Honor.

To be clear, Mr. Nicholson, what year did you graduate

Tuesday, July 20, 2010

03:10

Trial Day 5, Volume II

1132

I graduated high school in 1999.

What year was it when you finished your first year at the

University of North Carolina?

at Greensboro after the spring of 2000.

How old were you at that time?

I was 18.

So you started at the University of North Carolina at the

age of 17?

I finished my first year at University of North Carolina


03:10

10

11

started in August of 1999.

12

13

armed services was that?

14

15

Corps and the Army, because I accidentally walked into the

16

wrong recruiting officer, first of all.

17

My birthday was over the summer, and so I was 18 when I

You said you met with a recruiter.

03:11

What branch of the

Well, technically, I met with a recruiter for the Marine


03:11

So after he spent about 20 minutes trying to convince

18

me to join the Marine Corps, I realized I had walked into the

19

wrong office and told him that I would consider it, but I still

20

had an obligation to make my appointment with the Army

21

recruiter that I had made.

22

recruiter's officer for the Army.

23

Why did you consider the Army at that time?

24

The Army is something that I had always been around

25

growing up.

So that's when I went over to the


But it was the Army.

My father had been career military.

Tuesday, July 20, 2010

03:11

He had been

Trial Day 5, Volume II

03:11

1133

in the first Gulf War.

Fort Benning.

life; he spent nearly 30 years in the Army.

He had been a drill instructor at

It's something that I had been around all my

So it's pretty much all I knew, and it's something

that I had always aspired to and that was held in very high

esteem within my family.

Where was your father stationed at that time?

At that time, my father had already retired.

Why did you decide to move to Miami, specifically?

10

Given my background, studying Spanish for a number of

11

years, and the fascination I had with Latin culture, given the

12

fact that I was multilingual, Miami seemed like an interesting

13

city to live in.

14

that I moved there, but it was a new experience that I wanted

15

to try.

16

particular city, I just decided that it would be an interesting

17

experience.

18

How much time did you end up spending in Miami?

19

I spent about one year there.

20

Did you have a job while you worked there?

21

Yes.

22

Or, excuse me, while you lived there?

23

Yes, I did.

24

What did you do?

25

I worked at a hotel.

03:12

03:12

I had never been there before at the time

And so given the multicultural aspects of that

Tuesday, July 20, 2010

03:13

03:13

03:13

Trial Day 5, Volume II

1134

Did you practice any of the foreign languages that you

knew, or any others, while you were living in Miami?

I mean, I would estimate roughly 50 percent of the time.

I first moved down there, I lived in a suburb of Miami,

Kendall, out to the west, which is a predominantly Hispanic

area in which Spanish is spoken the majority of the time.

had a Cuban roommate; and so I spoke Spanish a good 50 percent

of the time, I would estimate.

Yes, I did.

I spoke Spanish a good bit while I was there,


When
03:13

10

11

Miami?

12

13

when I lived there.

14

the time, and it was through him that I learned Portuguese

15

colloquially, began learning it in much the same manner in

16

which I learned Italian, although absent the formal classroom

17

training.

18

Did you learn any other language while you were living in

Yes.

03:14

I had an opportunity to begin learning Portuguese


I dated a man who was Brazilian there at

03:14

And given that this was the third romance language

19

that I was exposed to, it was even easier than Italian was to

20

pick up Portuguese.

21

earlier, learning and applying the rules of conversion from

22

Spanish to Portuguese, it allowed me to pick up that language

23

pretty quickly and become conversant in it.

24

What did you do after having lived in Miami for a year?

25

After about a year, I was ready to move on.

Tuesday, July 20, 2010

In much the same way that I've described

After taking

Trial Day 5, Volume II

03:14

03:15

1135

that time off from college, I sort of reevaluated my options.

I wasn't ready to -- I didn't feel that I was ready to go back

to college at the time; and so I reconsidered an option that I

had considered previously when I made the decision to move to

Miami, which was enlisting in the Army.

03:15

And so in roughly May of 2001, I went back to the

same recruiter who had done the work on me the previous year,

because I thought it important to give him the credit of the

work he had done on me already rather than going to someone

10

new, since much of the groundwork had already been laid for my

11

recruitment with him.

12

in Greensboro, North Carolina and enlisted in the Army.

13

When did you enlist in the Army?

14

My first date of active service was June 21st of 2001,

15

although the recruitment process began a couple of weeks prior

16

to that.

17

How old were you on that day?

18

I was 19.

19

How did your family react to your joining the Army?

03:16

And so I went back to the same recruiter

20

MR. SIMPSON:

Your Honor, objection; relevance.

21

THE COURT:

22

You may answer.

23

THE WITNESS:

03:16

03:16

Overruled.

My family was overwhelmed, extremely

24

proud.

Military service is something that my family held on

25

the same level as going to college and the same level as any

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:17

1136

honorable career path.

And so when I chose to end my time of

taking time off from college, although I didn't return to

college, you know, I enlisted in the Army, they were -- they

were overjoyed because they considered that an extremely

venerable occupation and career path.

BY MR. AENLLE-ROCHA:

Were you pleased by your family's reaction?

Absolutely.

was overjoyed by the fact that his son was following in his

03:17

It meant a lot to me that -- that my father

10

footsteps and, you know, the footsteps of our ancestors who had

11

all served -- most all had served in the military.

12

03:17

It was also, I think, overwhelming to see my mother

13

be so proud of me.

You know, they both had pushed me for years

14

prior to join the Army and to consider that.

15

they were exceedingly proud when I did.

16

certainly made me proud to see them being so proud of their

17

son.

18

Where did you start your military career?

19

Technically, it began at the military entrance processing

20

station in Charlotte, North Carolina; that's where new recruits

21

go to do a number of initial processing steps before they ship

22

out to boot camp.

23

24

processing station?

25

And so I think

It certainly was -- it

03:17

03:18

And is there an acronym for the military entrance

Yes.

It's commonly referred to as MEPS, M-e-p-s.

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:18

1137

Approximately how much time did you spend at MEPS in

Charlotte, North Carolina?

had spent a couple of days at MEPS prior to that doing a number

of exams and checkups and rounds of testing, things of that

nature.

Where did you go from MEPS?

From MEPS, I was transported down to Fort Benning, Georgia

to begin my basic combat training.

When I went to ship out, I spent two days there.

10

And is that known as anything in particular?

11

Well, it's commonly referred to as boot camp.

12

Okay.

13

But I

03:18

03:19

How long did boot camp last?

14

Army boot camp is nine weeks.

I was there for a total of

15

11 because new recruits have to wait for new boot camp training

16

cycles to begin; and so it's very common for new recruits to be

17

at their boot camp sight for a week or two extra as they wait

18

for their assigned boot camp cycle to begin.

19

for a total of 11 weeks for a nine-week basic combat training

20

course.

21

22

with it?

23

24

what I usually call it.

25

which I'm not aware.

03:19

So I was there

03:19

Did the additional two-week period have a name associated

It's generally referred to as a hold-over period; that's

Tuesday, July 20, 2010

It may have another name as well, of

I can't remember at the moment.

Trial Day 5, Volume II

03:20

1138

During the time that you spent at boot camp at

Fort Benning, did you experience any anti-gay rhetoric?

commonplace.

Fort Benning is the only all-male boot camp left, so it's an

environment in which a lot of things take place that don't take

place at the other Army boot camps.

I'd say anti-gay rhetoric at Fort Benning was rather

8
9

Of course, you have to keep in mind that


03:20

But yes, I would say that anti-gay rhetoric was


rather commonplace at Fort Benning during boot camp.

10

Could you describe the rhetoric?

11

Sure.

12

03:20

I would say it consisted of things like anti-gay

13

derogatory slurs.

You know, words like "fag," the full version

14

of that, which would be "faggot," that were used in a

15

derogatory manner.

16

soldiers.

17

derogatory ways; that was extremely common.

18

that were a little bit more colorful were also used.

19

references to sexual acts of a homosexual nature, I guess you

20

could say; things like that were rather common at Fort Benning.

21

22

statements?

23

setting, but if you could, please.

In general, directed at individual

03:21

You know, the word "gay" itself was used in


And other phrases
A lot of

03:22

Could you be more specific about some of the more colorful


I recognize that this probably isn't the right

24

MR. SIMPSON:

25

For one thing, relevance.

Tuesday, July 20, 2010

Your Honor, objection.


03:22

Trial Day 5, Volume II

1139

THE COURT:

I don't think it's irrelevant, but I

think I have the general -- I don't think it's -- I will

overrule the objection, but I think counsel and I have an

understanding of what the witness is referring to.

If you want him to go into more detail, I'll leave

that up to you.

It's your case.

would like.

BY MR. AENLLE-ROCHA:

Is it fair to say that they're graphic in nature?

10

Absolutely.

11

As far as you understood at that time, were such comments

12

permissible under Army policy?

13

No, they were not.

14

Why was that?

15

Well, it was my understanding that they were not because

16

we, as recruits, received a number of briefings on various Army

17

policy.

18

received briefings on many anti-harassment policies, including

19

a briefing that told us explicitly that such language and such

20

slurs were expressly prohibited by Army policy.

21

22

appear to you that the anti-gay slurs were acceptable?

23

24

commonplace.

25

recruits.

03:22

You can go further if you

03:22

03:23

This was obviously our introduction to the Army, so we

03:23

During the time that you were at Fort Benning, did it

It certainly did because they were -- they were


They were certainly accepted by the other

From time to time, if I remember correctly, they

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:24

1140

were uttered in the presence of superiors; persons in positions

of authority.

making slurs like that.

And rarely, if ever, was anyone admonished for

In fact, I can't think of a specific example, but I

have a general recollection of people in positions of

authority; for example, drill sergeants, using phrasing that

was anti-gay, I would consider, and offensive to someone who is

gay or lesbian.

Given your experience at Fort Benning, was it at all your

10

view that the anti-gay rhetoric was immutable?

11

12

would say that it was not, in my opinion, immutable because it

13

was always my impression that the reason it was commonplace and

14

the reason it was at times ubiquitous was because it was

15

condoned, if not explicitly by superiors, certainly implicitly.

16

And also, I mean, just the fact that we have an anti-gay policy

17

like "Don't Ask, Don't Tell," I believe condoned that sort of

18

behavior itself.

19

03:24

03:25

I would say that -- if I'm understanding the question, I

03:25

You know, you didn't see -- you didn't see that those

20

types of remarks, at least not to that degree, about women,

21

about racial and ethnic minorities.

22

of -- you did hear those types of remarks.

23

definitely an understanding that any sort of remark or slur

24

that was derogatory towards women or ethnic minorities was not

25

okay.

You did see those types


But there was

And, you know, we also received briefings on the fact

Tuesday, July 20, 2010

03:26

Trial Day 5, Volume II

03:26

1141

that it was not okay by Army policy, as well.

You know, if I could, one example that comes to mind

on this topic is, you know, in boot camp, in order to help

instill discipline, we do a lot of drill and ceremony-type

activities; marching together as a unit, and things of that

nature.

environments, to what are called cadences, which are, you know,

sort of almost like songs with a beat to which one marches.

And in an all-male boot camp environment, naturally, some of

03:27

And often units will march, especially in training

10

the cadences made references to woman that were less than

11

appropriate in any environment, you know, but like I said, we

12

happened to be an all-male environment.

13

03:27

But even still in this all-male environment, the

14

leaders of those cadences, who were drill instructors, would

15

bring the -- cadences are normally also yelled; they are not

16

just spoken or sung, they're usually yelled.

17

motivational tool, as well.

18

women in a derogatory nature, the leader of it would actually

19

bring the platoon's tone down to a hush, in case anyone was in

20

earshot of the cadence.

21

03:27

It's a

But when the cadences referred to

03:28

And so there was definitely a sense that those sort

22

of remarks and that attitude towards women, the same thing I

23

would say towards racial and ethnic minorities, was not

24

tolerated.

25

leadership climate that did not tolerate anti-women remarks or

It was certainly -- there was certainly a

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:28

1142

remarks against racial or ethnic minorities.

But that climate was not there when it came to the

issues of gays and lesbians.

And so that's why, you know, I

would say that sort of behavior and that sort of commentary was

rather commonplace.

slurs?

complaint, even privately, even going to one individual in a

03:28

Did you believe that you could protest the use of such

On a practical level, absolutely not.

I mean, making a

10

private office and making a complaint was something that I

11

would never have even considered, because it would, in my mind,

12

have drawn attention to the fact that I might be gay or that I

13

might be someone who supports gays.

14

be seen as taboo, as well.

15

And, you know, that could

How did the slurs affect you personally?

16

THE COURT:

questions, are you asking -- because the witness has testified

18

that -- well, I'm a little confused now.


Because the witness has testified -- it seemed to me

20

that there was more than one kind of epithet or slur that was

21

used, although some types more commonly than others.

22
23

03:29

Do you want to clarify which kind you're asking him


about?

Racial?

24
25

03:29

Counsel, when you're asking those

17

19

03:29

Gender-based?

MR. AENLLE-ROCHA:
/

Orientation-based?

Yes.

Thank you, Your Honor.

Tuesday, July 20, 2010

03:30

Trial Day 5, Volume II

1143

BY MR. AENLLE-ROCHA:

How did the anti-gay slurs affect you personally?

Well, first of all, I thought they were just patently

offensive, as I'm sure anyone would, whether you're gay or not.

I mean, I'm offended by comments that are derogatory towards

women or racial or ethnic minorities or any particular group or

class.

So first of all, I thought they were offensive.

8
9

03:30

Second of all, they definitely had -- I think they


definitely induced fear that I had to go out of my way to hide

10

who I was.

11

that I was gay, but I was fearful that I couldn't even behave

12

in a way that gave away my sexual orientation.

13

really induced a cloud of -- I mean, it created a cloud of fear

14

that hung over your head at all times.

15

And I don't mean even -- you know, I couldn't say

03:30

I mean, it

You had to constantly be aware of whether your

16

gestures, your mannerisms, your speech, anything was giving

17

away the fact that you're gay.

18

made for -- it made a stressful environment even more

19

stressful.

20

know, a psychological experience -- you know, boot camp, of

21

course, is meant to be a psychological experience that breaks

22

you down emotionally and builds you back up -- even more tense;

23

It exacerbated that, I think.

24

tough situation tougher.

25

03:31

And -- I mean, it was -- it

It made, you know, an emotional experience, you

Overall, it just really made a

What was your next assignment after completing boot camp?

Tuesday, July 20, 2010

03:31

Trial Day 5, Volume II

03:32

1144

to Fort Huachuca, Arizona to train as a human intelligence

collector there.

Could you spell the name of the fort.

Sure.

After I graduated from boot camp at Fort Benning, I went

03:32

Fort Huachuca is -- Huachuca is spelled

H-u-a-c-h-u-c-a.

become a human intelligence collector?

How did it come about that you went to Fort Huachuca to

10

11

station that was approximately two weeks prior my enlistment

12

date, I went through the series of steps that results in the

13

selection of a military occupational specialty or an MOS, a

14

military job.

15

the intelligence field, which is the field that I was

16

interested in within the Army.

17

On the trip to MEPS, the military entrance processing

And I was presented with a couple of options in


03:33

One of those options was that of a human intelligence

18

collector, which is also known as an interrogator.

19

like an interesting job, you know.

20

They described a couple of others to me as well, including

21

cryptologic linguist, intelligence analyst and, you know, a

22

couple of others in that field.

23

03:33

It seemed

They described it to me.


03:33

Human intelligence collector seemed the most

24

appealing to me at the time; and so I got an assignment as a

25

human intelligence collector written into my enlistment

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:34

1145

contract.

context of the Army?

collectors conduct interrogations of detainees, which consists

of questioning detainees, extracting information from human

sources, particularly detainees, prisoners, prisoners of war,

things of that nature.

What exactly is a human intelligence collector in the

It's basically an interrogator.

Human intelligence

It also consists of collecting or running what are

10

called source operations, which are sort of going out into the

11

field and collecting intelligence from human sources out in

12

communities in which you're deployed.

13

14

collector?

15

16

interrogated are often not speakers -- or at least native

17

speaks of English.

18

done on -- in areas that aren't English-speaking areas.

19

also, all interrogators or human intelligence collectors have

20

to cross-train as linguists.

21

of the requirements of being interrogators.

22

03:34

03:34

Are language skills of value to a human intelligence

They definitely are.

I mean, the detainees that are being

03:35

And source operations are also frequently


But

Being language qualified is one

03:35

So interrogators essentially have to train in two

23

military jobs; they train as a human intelligence collector,

24

and they go through the entire series of training as a

25

linguist, as well.

Tuesday, July 20, 2010

03:35

Trial Day 5, Volume II

1146

considered it.

context of the Army?

4
5

You just mentioned the occupation of linguist and that you


What are the duties of a linguist in the

MR. SIMPSON:

Objection, Your Honor.

Lack of

foundation.

03:36

THE COURT:

You may attempt to lay a foundation.

BY MR. AENLLE-ROCHA:

Sustained.

In connection with your enlistment and recruitment, did

10

you come to learn from the Army what a linguist did?

11

12

recruiters at MEPS was that it involved listening to audio

13

recordings in foreign languages and looking for what's commonly

14

referred to as priority intelligence requirements within those

15

audio recordings and generating reports about the content of

16

those recordings.

17

18

becoming a human intelligence collector?

19

20

exciting to me at the time.

21

thought of being an interrogator just seemed cool to everybody.

22

It still does to this day.

23

interrogator, eyes usually light up and they ask me all kinds

24

of questions that I don't have answers to.

25

an exciting job.

03:36

The way a linguist's job was explained to me by the

03:36

I would stop there.

Why did you opt against becoming a linguist and opt for

The job of human intelligence collector seemed more

Tuesday, July 20, 2010

I mean, I was 19 years old and the

03:37

When I tell people I was an

But it seemed like


03:37

Trial Day 5, Volume II

1147

I mean, my impression of what linguists did was that

they sat there and listened to audio recordings all day;

whereas interrogators, they got the benefit of being trained as

linguists or they had to be language qualified ahead of time,

but they were also able to do what I considered more exciting

things, like do work in the booth, you know, interrogations, do

source operations, you know.

other than sit in a room and listen to a headset.

Why did you go to Fort Huachuca in Arizona?

10

Fort Huachuca is where the Army trains most of its

11

intelligence specialists.

12

Intelligence Center and schools is located; and so all human

13

intelligence collectors are trained at Fort Huachuca.

14

When did you arrive at Fort Huachuca?

15

I arrived on September 7, 2001, and I believe that was a

16

Friday.

17

When did your training commence?

18

That was a holiday weekend, so we had four days off -- at

19

least three days off.

20

did not begin until that Tuesday, which happened to be

21

September 11, 2001.

22

23

and the 11th of September?

24

25

characterize as a holdover status.

Go out in the field.

03:37

Do things

03:38

That's where the U.S. Army

We had that Monday off.

03:38

So the training
03:38

Were you in any kind of a special status between the 7th

Technically, I was in what I would -- again, what I would

Tuesday, July 20, 2010

I had arrived there, but I

Trial Day 5, Volume II

03:39

1148

was waiting for my human intelligence collector course to

begin; and so I was -- I didn't officially begin my first day

of duty at Fort Huachuca until the first workday, which was

that Tuesday, September 11th.

collector last?

It was about 15 or 16 weeks.

Was it broken down into any segments?

Yes.

How long did the training to become a human intelligence

It was split into two primary segments.

03:39

The first

10

segment was detainee interrogation techniques, and the second

11

segment was source operations.

12

Did you complete the training?

13

No.

14

interrogator training, the detainee interrogation techniques

15

course, I requested to transfer over to counterintelligence,

16

and that request was approved before I completed the full

17

16 weeks of interrogator training.

18

19

intelligence collector training?

20

21

everything up until the end of the first segment of the 15-week

22

course, which would have probably been about eight weeks.

23

I was scheduled to repeat one of the modules at the end.

24

while I was waiting to do that, my request to transfer to

25

counterintelligence was approved, so I never had to go back and

03:40

I requested -- while I was still going through my

03:40

Did you complete any of the segments of the human

Yes.

I mean, I basically went almost to the -- completed

Tuesday, July 20, 2010

03:40

And
And

Trial Day 5, Volume II

03:41

1149

finish that.

counterintelligence?

was a job I didn't know about.

Huachuca, I found out more about it, because

counterintelligence agents trained in the same unit as human

intelligence collectors, because the jobs are very similar in a

lot of ways.

10

Why did you make the request to transfer to

It was a field that I had not been exposed to at MEPS.

It

And when I got to Fort

03:41

And the second half of the training for each of

those jobs is done together.

11

03:41

So human intelligence collectors complete a set of

12

modules on their own, and counterintelligence agents complete a

13

set of modules on their own.

14

come together for the second phase of the training, which is

15

source operations.

16

And then the two sets of trainees

03:42

And so I was in the same -- you know, physically

17

located in the same unit with counterintelligence agents who

18

were being trained there.

19

lot of them, found out about what the job was about, and it

20

sounded even better than a human intelligence collector, that

21

field.

22

So I met a lot of them, talked to a

03:42

So I put in a request to transfer over to

23

counterintelligence since I was already in the same unit.

24

it was not that big of a deal to transfer.

25

to be physically moved or anything like that; it was just a

Tuesday, July 20, 2010

And

It's not like I had

Trial Day 5, Volume II

03:42

1150

matter of paperwork.

But it still required approval by the Army.

Correct.

correct.

occupation did you find compelling?

in seeking out and investigating espionage against the Army

from -- usually from within -- or often from within, sometimes

10

It had to go up the chain and be approved,

And what features of the counterintelligence agent

03:42

Well, that was -- counterintelligence agents were involved

from without -- I found that quite intriguing.

11

03:43

They also did more source operations than did human

12

intelligence collectors.

13

counterintelligence agents, also, post 9-11 were beginning to

14

also take on aspects of the linguist job, as well.

15

allowed to go cross-train as linguist, some of them, just like

16

human intelligence collectors were required to do.

17

I found that quite exciting.

And

They were
03:43

So it seemed like a step up, honestly, to be a

18

counterintelligence agent; and so that was something that I

19

aspired to do and I put in the request.

20

21

your personal decision in this regard?

22

23

dominated everyone's mindset in the training environment after

24

9-11 was that everybody kind of wanted to get done with

25

training and get out there and be a part of the action and

And did the events of September 11, 2001, at all impact

I would say so.

Tuesday, July 20, 2010

03:44

I mean, one of the things that, I think,

Trial Day 5, Volume II

03:44

1151

contribute to the -- you know, contribute to the fight.

And counterintelligence agents, they weren't required

to go to the Defense Language Institute and spend two years

there learning a language.

wanted to become a human intelligence collector, because I

would be allowed to do that.

agent, I would be allowed to do that later on, if I so chose,

so it would still be an option.

weren't required to go to the Defense Language Institute.

10

That's one of the reasons that I

And as a counterintelligence

But counterintelligence agents

And so as soon as they finished their training at

11

Fort Huachuca, they were out in the field, a lot of the ones

12

that had graduated during the time I was at Huachuca were also

13

in Afghanistan on the ground helping with the war effort there,

14

in its infancy.

15

03:44

And, you know, I wanted to get out there and be --

16

and be doing the job immediately, be out in the field

17

contributing to that effort.

18

do that sooner rather than later.

19

20

believe that you would have been provided additional

21

opportunities by the Army to learn additional languages?

22

23

Language Institute to counterintelligence agents right after

24

9-11.

25

03:45

03:45

And that also offered a way to go

Had you become a counterintelligence agent, did you

Yes.

03:45

They opened up the option to go to the Defense

Did the Army ever assess your foreign language aptitude?

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:46

1152

Yes.

one of my trips to the military entrance processing station,

MEPS, before I officially shipped out.

That was one of the things that was tested during

The military has this test called the Defense

Language Aptitude Battery, the DLAB, d-l-a-b, that assesses the

foreign language learning aptitude of new recruits.

the fact that I was considering MOS's -- or military

occupational specialties that had language requirements, I was

given the Defense Language Aptitude Battery to make sure that I

So given

10

qualified for those jobs.

11

Can you describe the Defense Language Aptitude Battery?

12

Sure.

13

03:46

Yes.

03:46

The Defense Language Aptitude Battery, or DLAB, it's

14

a really unusual test.

15

before, and believe me I've taken a lot of them.

16

essentially a made-up language and made-up linguistic rules

17

that are sort of jumbled together and put into an exam and

18

thrown at you for the first time when you sit for that exam.

19

And they attempt to test your ability to be exposed to a new

20

language, to a new vocabulary, to new grammar, to new linguist

21

structure for the first time and quickly pick up on the rules

22

of that language and apply them there on the spot.

23

It's not like any test I've ever taken


It's

03:47

03:47

And so it's literally a made-up language they throw

24

at you.

And then you're given the rules, you're given some

25

vocabulary, and you're required to do a couple of things with

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:48

1153

that.

required to do some listening; you're required to -- I can't

remember everything that you have to do as part of the test,

but you have to kind of at times, I believe, guess as to some

of the other rules of what the language might be based on what

some of the rules you've been exposed to are and things of that

nature.

You're required to do some translation-type work; you're

And the test, as you go through it, gets

progressively harder as additional rules for the language's

10

grammar, the made-up language's grammar are thrown into the

11

mix.

12

almost as if you go from being given a test on a made-up, easy

13

language, to being given a test on a made-up, intermediate

14

language, to being given a test on a made-up, hard language.

15

And that test is supposed to -- it's not something

03:48

And so as you go through the test, it's sort of -- it's

16

you can study for at all.

17

worry about studying; you know, you're taking a test, yes, but

18

don't worry about studying for it because it's not possible to

19

study for this test.

20

And, I mean --

If I could just stop you for a minute.


How did you perform on the test?

22

MR. SIMPSON:

23

Relevance and improper character evidence.

24

THE COURT:
character evidence.

Tuesday, July 20, 2010

03:49

I mean, in fact, they tell you don't

21

25

03:48

03:49

Objection, Your Honor.

The objection is overruled as to


But I think you've spent a lot of time on

Trial Day 5, Volume II

03:49

1154

this subject, so I think you need to move on, but the witness

can answer this question.

THE WITNESS:

THE COURT:

THE WITNESS:

Okay.

How did you do?


I tested into the highest category for

linguistic aptitude, which is Category 4, which qualified me

for learning what the Army considers Category 4 languages, like

Arabic, Chinese, Korean, Persian, Farsi, things of that nature,

the hardest category of languages that the Army teaches.

10

THE COURT:

11

BY MR. AENLLE-ROCHA:

12

13

enroll in the counterintelligence training?

14

15

counterintelligence course, that's when I was outed by a fellow

16

servicemember who found out that I was gay.

17

process of me waiting to begin that course, was -- it came to a

18

halt.

19

20

your attention to the barracks and the bathroom arrangements

21

that you experienced in the Army.

03:50

What happened after the Army granted your request to

While I was waiting to start the next cycle of the


03:50

So that, the

It was halted.
Before discussing the outing process, I'd like to direct

22

03:50

Could you describe those arrangements with respect to

23

Fort Benning.

24

25

Thank you.

03:49

Sure.
At Fort Benning, we had what are called bays, open

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:50

1155

bays, in the barracks there.

It's essentially a large room on

one wing, the floor of the barracks, that contains

approximately 30 bunk beds; so approximately 60 beds in a large

open room in which the recruits sleep.

Okay.

03:51

What about the bathroom arrangements, what were those

like?

were in individual stalls, four walls, including a door.

The bathrooms in our barracks at Fort Benning, the toilets


The

10

showers were semiprivate, they had three walls and the back of

11

it sort of opened into sort of a center aisle.

12

of four shower heads along the two walls and each of those

13

shower heads was partitioned by a wall creating three walls

14

around each shower with the back opening up into the aisle in

15

the shower area.

16

Was there a drying-off area?

17

Yes.

18

shower room, and that was just open.

19

03:51

There were sort

03:52

There was a drying-off area before you went into the

Could you describe the shower ritual at Fort Benning?

20

MR. AENLLE-ROCHA:

21

THE COURT:

22

You may answer.

23

THE WITNESS:

Objection, Your Honor.

Vague.

Overruled.

The shower ritual essentially consisted

24

of being yelled at to line up with a towel around your waist.

25

I mean, essentially 60 of us would sort of line up from the

Tuesday, July 20, 2010

03:52

Trial Day 5, Volume II

03:52

1156

entrance to the shower room.

You know, you'd line -- because

of 60 people, you'd usually spilled out into the barracks --

you know, through the rest of the bathroom into the barracks.

And especially in the beginning, it was highly regimented and

structured.

one or two minutes under the water, during which time we had

to, you know, get wet, soap down, bathe, rinse off and get out.

The entire time we were being yelled at.

like a pressure cooker.

And we had, if I remember correctly, I want to say

And it was sort of

I mean, it was -- I mean, you

10

literally had to get in, try not to fumble and try to take a

11

shower as quickly as you can before the water got shut off or

12

before somebody, you know, yelled in your ear and scared the

13

crap out of you to tell you to get out of there.

14

high intensity, high pressure environment, in which you

15

literally could barely remember your own name.

16

03:53

It was very

03:54

I mean, the whole point of it was to simulate -- I

17

mean, the whole point of boot camp, obviously, is to simulate

18

the stress of a combat environment and create that environment

19

psychologically to help prepare you for that later on.

20

03:53

And so, I mean, everything from eating to showering

21

to tying your boots, to, you know, learning to shoot -- I mean,

22

everything was done in this manner.

23

So I just say that to illustrate the fact that the

24

showering ritual that you brought up was -- very much a high

25

intensity, get in quick, get in, get out, get yelled at the

Tuesday, July 20, 2010

Trial Day 5, Volume II

03:54

03:54

1157

whole time affair.

BY MR. AENLLE-ROCHA:

was it at all awkward for you to have men towel off or dress in

the same area?

I mean, the high-pressure pressure cooker-type environment

continued then and after then, and, I mean, you were just

trying to get semidry, so that when you put your clothes on

As for the post shower, drying off and dressing process,

03:55

It wasn't awkward for me.

I mean, I barely remember it.

10

next, they wouldn't be wet.

You know, but I mean, it's -- I

11

have to say to give it context, I mean, that -- I don't think

12

it's awkward, because I mean, in civilian society, you know,

13

before you went in, which was, you know, a couple of weeks

14

prior at that point, you know, men, gay or straight or

15

whatever, had dressed and undressed in front of each other in

16

gyms and high school locker rooms.

17

you know, whether you're gay or straight, I mean, it was just a

18

non-issue because that's the way it had always been.

03:55

And it was just -- I mean,

19

We didn't have women at Fort Benning, but it would

20

have been awkward, I think, to -- you know, even for me as a

21

gay male, to dress or undress in front of a female because

22

that's not done in civilian society.

23

taboo in civilian society, and so we're not used to it.

24

Whereas, we are very used to dressing and undressing in front

25

of other men.

03:56

We're sort of taught it's

It's just, you know, a non-issue.

Tuesday, July 20, 2010

03:55

Trial Day 5, Volume II

03:56

1158

What were the barracks and bathroom arrangements at

Fort Huachuca?

barracks and bathroom arrangements.

post-boot camp training environments -- that environment in the

Army is referred to as AIT, which stands for advanced

individual training.

step into the direction of privacy from boot camp.

At Fort Huachuca, there was a lot more privacy in the

I mean, as with all

As in all AIT environments, they are a

So on the spectrum of privacy, boot camp -- at least

10

at Fort Benning was the least private, and AIT had a greater

11

level of privacy.

12

the training to your permanent duty station, you have an even

13

greater level of privacy.

14

03:57

And then of course when you move on out of

But at Fort Huachuca, we had barracks that had --

15

most of the rooms had two people to a room; and so there was --

16

in mine, there was myself and one other soldier.

17

three in the room.

18

once for a brief period of time.

19

think most of the rooms were two-person rooms that had another

20

room joined by a semiprivate -- well, really a private

21

bathroom.

22

03:56

03:57

Once we had

We had a bunk bed and an individual bed


But most of the time, and I

03:58

The bathroom in between the two rooms, the two

23

two-person rooms, had two shower stalls in it that were

24

completely enclosed.

25

shower curtain, so it was completely private.

Tuesday, July 20, 2010

Three of the sides were walls, one was a


And then it

Trial Day 5, Volume II

03:58

1159

had -- so they had two showers installed there and then one

toilet.

bathroom locked for privacy when one's using the toilet.

Was the toilet private?

Well, the toilet wasn't private if you were in the

bathroom, but I mean, I think the expectation was, if one's

using the toilet, that you lock both of the doors, because it

was just shower stall, shower stall, toilet in the bathroom.

10

And then both of the doors on either side of the

Did women at Fort Huachuca have separate barracks and

bathroom facilities?

03:59

11

MR. SIMPSON:

12

THE COURT:

13

03:58

Objection; lack of foundation.

I'm sorry.

First of all, which fort are

you talking about?

14

MR. AENLLE-ROCHA:

15

THE COURT:

16

You can answer.

17

THE WITNESS:

Fort Huachuca.

The objection's overruled.

Can you repeat the question to make

18

sure I'm answering correctly.

19

BY MR. AENLLE-ROCHA:

20

21

at Fort Huachuca?

Did women have separate barracks and bathroom facilities

22

THE COURT:

23

MR. AENLLE-ROCHA:

24

Thank you, Your Honor.

25

THE WITNESS:

Tuesday, July 20, 2010

03:59

03:59

You mean separate from the men's?


Yes, separate from the men.

Women didn't have separate barracks,

Trial Day 5, Volume II

03:59

1160

but they had a separate wing and/or floor within the unit's

barracks.

the same large barracks building.

separate bathroom facilities because the bathrooms were in-

between each set of two-person rooms.

BY MR. AENLLE-ROCHA:

co-ed, as in men and women could use them?

So women were separated from men, but they were in


They did, of course, have

04:00

Were any of the bathroom facilities at Fort Huachuca

There may have been one unisex bathroom in the common area

10

on the first floor, but I don't remember exactly.

11

remember if it was an unisex bathroom, one or two unisex

12

bathrooms, or one male, one female bathroom.

13

recall.

14

I can't quite

THE COURT:

Before you move on, let me just ask a

When you say there may have been one unisex bathroom,

18

was that in the living quarters or was it in another area, like

19

a dining area or something?

20

THE WITNESS:

That would have been in the living

04:00

quarters in the barracks.

22

THE COURT:

So was it assigned to, like, one of the

23

suites?

24

assigned to a particular set of soldiers?

25

04:00

question about that last answer.

17

21

04:00

How did your sexual orientation come to light in the Army?

15
16

I can't

When you say it was in the living quarters, was it

THE WITNESS:

Tuesday, July 20, 2010

If I remember correctly, I believe --

Trial Day 5, Volume II

04:01

1161

and I only have a vague recollection of this, but I believe

that there may have been one bathroom in the common area of the

barracks that was not assigned to a certain set of rooms or to

the male wing or female wing.

THE COURT:

THE WITNESS:

THE COURT:

Go ahead.

So it was in the common area.

04:01

Correct.

Thank you.

BY MR. AENLLE-ROCHA:

10

How did your sexual orientation come to light in the Army?

11

Well, in about January of 2002, I was essentially outed by

12

a fellow servicemember who found out that I was gay because I

13

was -- I was essentially writing a multipage letter in

14

Portuguese to the guy I mentioned earlier that I used to date

15

in Miami through whom I learned Portuguese.

16

about a year later, and I was writing him this long extensive

17

letter in Portuguese.

18

Portuguese because I thought that it was sort of an added level

19

of security, and, you know, I thought it would be a nice

20

gesture since that was his native language.

I was -- this was

04:01

04:02

I actually intentionally did it in

21

But I was writing a letter in Portuguese, and I had a

22

draft -- several drafts, really, laid out on a table that I was

23

sitting at where I was writing out and revising and editing

24

this letter.

25

Huachuca came over and sat down.

04:02

And a girl that I worked with or trained with at

Tuesday, July 20, 2010

She saw me in the dining

Trial Day 5, Volume II

04:02

1162

facility and came over and sat down at my table.

wasn't that many people left in the dining facility, I was kind

of in there after -- sort of after our meal period, where most

people were done and they were just cleaning up.

And there

And she came over and sat down and just started

hanging out and talking.

engaged without sort of at first realizing the potential danger

there.

I, you know, I kind of stopped and

And it took me a couple of minutes to snap and

10

realize that I needed to kind of bring all of the papers back

11

together and try to hide them.

12

met in the Army did, but this girl happened to also speak

13

Portuguese; she spoke Spanish and Portuguese, actually.

14

one of the reasons we bonded and became friends, because there

15

were a lot of people who spoke Spanish in our unit, but very

16

few spoke Portuguese, and we became friends sort of over that.

17

So after a minute or two of her sitting there and me

04:03

Because the very few people I

That's

18

conversing with her, you know, I kind of had this 'oh, crap'

19

moment in my head where I realized I'm writing this letter to

20

someone I used to date, and, you know, there's references to it

21

that could potentially give away my sexual orientation

22

unintentionally.

23

04:03

04:03

04:04

And, you know, I sort of had this moment where I

24

noticed her looking down at the papers a couple of times and

25

then just sort of bunched them back together and shoved them to

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:04

1163

the side, not knowing at the time, you know, if she saw

anything and just sort of panicking, really.

So I mean, that's how she found out that I was gay,

because she happened to -- I mean, evidently she noticed some

reference in there to me being gay or to me dating another guy

before I had joined the military.

out.

to confirm that she had read your letter?

And that's how she found

Did there come a time when you believed that you were able

10

11

she made a comment to me that didn't say 'I know you're gay,'

12

but it was along the lines of -- she said something like

13

respect; like 'I still respect you' or 'don't worry' -- she

14

didn't say don't worry, but it was something like, 'you know

15

what, I still respect you,' or something along those lines that

16

gave me the impression unequivocally that she had seen

17

something in there about me having dated this guy before I was

18

even in the Army and that she knew, that she had seen enough.

Yeah.

19
20

In my head, I pretty much had it confirmed, because

MR. SIMPSON:

04:04

04:05

Your Honor, I move to strike the

testimony about what the other person said.

21

MR. AENLLE-ROCHA:

22

THE COURT:

Hearsay.

04:05

I believe it explains his conduct.

It will be allowed to remain in the

23

record for the limited purpose of explaining subsequent

24

conduct.

25

04:04

Which I take it you're going to ask him about next?


MR. AENLLE-ROCHA:

Tuesday, July 20, 2010

Yes, Your Honor.

Trial Day 5, Volume II

04:05

1164

THE COURT:

BY MR. AENLLE-ROCHA:

What happened after this incident with this person?

Over the --

5
6

THE COURT:

All right.

When you say "this person," you're

04:06

talking about the female soldier?

MR. AENLLE-ROCHA:

THE WITNESS:

Go ahead.

Yes, the female soldier.

Over the period of the next couple of

weeks, I had sort of an uptick in references to my sexual

10

orientation from other people within our unit.

I had a couple

11

of people come up to me -- well, I had a couple of people that

12

started making anti-gay slurs towards me, which was new to me

13

for the most part, and I had a -- I don't know at first if I

14

immediately associated that with her or realized that I had

15

been outed and she was spreading that information.

16

started having people coming up to me saying things like, 'You

17

need to be more careful with certain private information,' or

18

things of that nature.

But then I

19

And around that same time, I had it sort of

20

reconfirmed that it was her who was going around telling people

21

that she knew I was gay now, because I had someone specifically

22

say -- you know, they named her and said so-and-so is going

23

around saying something about something she read in a letter,

24

and I just want to let you know that you really need to watch

25

out now, because this information is starting to leak out and

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:06

04:06

04:07

04:07

1165

people are starting to talk.

MR. SIMPSON:

Your Honor, move to strike as hearsay.

THE COURT:

MR. AENLLE-ROCHA:

Sustained.
Again, Your Honor, it would be

offered for purposes of explaining his future conduct.

will be steps he will take that are as a result of things that

he hears from others.

8
9

THE COURT:

There

04:07

We'd offer it for that purpose.


Well, to the extent that he's testifying

that he is being told to be more careful, that testimony can

10

remain in.

11

BY MR. AENLLE-ROCHA:

12

How did these events impact you?

13

Well, it certainly sent me into a panic mode at the time,

14

because, I mean, here I was, I was 20 years old at that point,

15

but I was in the Army, I was making an effort to -- you know, I

16

wasn't out.

17

thought I was keeping it a secret.

18

"Don't Ask, Don't Tell."

19

04:07

I wasn't -- you know, I thought nobody knew.

04:08

I thought I was abiding by

All of a sudden I realized other people are starting

20

to find out; other people are starting to make remarks; this

21

information is spreading within the unit.

22

me into a panic mode, you know, where I didn't quite know what

23

to do.

24

problematic if the information got out.

25

people started either making remarks to me or coming up to me,

04:08

And it sort of sent

I mean, you know, I knew that it was potentially

Tuesday, July 20, 2010

And as more and more

Trial Day 5, Volume II

04:09

1166

saying that they knew I was gay now, or that I needed to watch

out, it really, I think, began to, you know, send me into a

depression.

that stressful environment, because it was still a training

environment, although it was not as stressful as the boot camp

environment, but it definitely just sort of -- I mean, the only

way I can think of to really describe it is a state of

perpetual panic from then on.

It made me a lot more anxious.

You were still in

And did you ultimately decide to do something as a result

10

of that emotional state that you found yourself in?

11

12

what might happen if the information leaked out more and more

13

and more and filtered up to the command, you know, because I

14

was afraid I'd get kicked out or get in trouble in some way.

15

didn't know what would happen at that point.

16

information couldn't leak out, and I needed to try to do

17

something to stop it.

18

04:09

04:09

Well, it got to the point where I was really afraid of

I just knew this

So I went to talk to -- the only thing I knew to do

19

was what you're told you're supposed to when you have a problem

20

in your unit, I went to talk to the platoon sergeant in my

21

unit.

22

04:10

04:10

And I told him that, you know, I'm starting to get

23

comments from people that they know I'm gay or they think I'm

24

gay, and it seems like this information is spreading.

25

mean, I don't remember the exact words I used, but I basically

Tuesday, July 20, 2010

And I

Trial Day 5, Volume II

04:10

1167

went to him and I was like, I need help with this situation,

you know, this is kind of getting out of control.

might have used that "out of control" term, it's kind of

getting out of control.

I think I

And, you know, I essentially asked for help to try to

contain that information.

first reaction was to try and figure out some way to contain

it, to prevent it from spreading further.

of based on the custom I knew at the time, going to the platoon

Because I mean, at that point, my

And, you know, sort

10

sergeant, who is high enough to be able to do something about

11

it to handle -- in the military, things are generally --

12

there's this culture of handling things within the unit a lot

13

of times; and so that was a person who was high enough to be

14

able to put a stop to it, but low enough -- you know, he wasn't

15

in the command; and so that was the big thing I was worried

16

about, was this information filtering up to the command.

17

04:10

04:11

04:11

So I went to the person that I knew or that I thought

18

was the person who would handle it within the unit and put a

19

stop to the spread of this information.

20

21

your understanding of "Don't Ask, Don't Tell"?

22

23

military, and up until that point actually, was that "Don't

24

Ask, Don't Tell" really meant the military won't ask you if

25

you're gay or lesbian; and as long as you don't throw it in

Before going to speak to the platoon sergeant, what was

04:11

Well, my understanding from the -- before I went into the

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:12

1168

anybody's face, as long as you're not talking about it, as long

as you're not living an out life, you won't have a problem.

And that's exactly what I tried to do.

I mean, I

wasn't talking about it, I didn't tell anybody, I wasn't, you

know, living that life.

knew.

Nobody else at that time in my unit

The way I understood it, I was abiding by "Don't Ask,

Don't Tell."

come across information written in another language about

And because someone else in my unit happened to

10

someone I dated before I even joined the military, that is what

11

started my discharge process.

12

04:12

Well, essentially.

I guess you'll get to that in a minute.

13

14

to him when you spoke to him?

What was the platoon sergeant's reaction to your statement

15

MR. SIMPSON:

16

THE COURT:

Objection, Your Honor.

It's overruled.

Hearsay.

for the limited purpose of explaining the witness's further

18

actions or future actions.

19

Go ahead.

20

THE WITNESS:

21

I mean, he basically conveyed to me that, okay,

He almost had a non-reaction.

22

thanks, I'll take care of it.

23

it, but he basically said, I'll see what I can do, or let me

24

see what I can do.

04:13

He didn't say I'll take care of

It was very quick, very brief.

Tuesday, July 20, 2010

04:13

The answer would come in

17

25

04:12

I mean, I would

Trial Day 5, Volume II

04:13

1169

almost characterize it as a sort of an acknowledgment of what I

had said, but more along the lines of a non-reaction, just an

acknowledgment.

BY MR. AENLLE-ROCHA:

Did the platoon sergeant ask you whether you were gay?
MR. SIMPSON:

Your Honor, can we have a standing

objection to the -- based on hearsay to the comments of the

platoon sergeant?

THE COURT:

You may have a standing objection.

10

Mr. Aenlle-Rocha, do you wish to be heard on that?

11

MR. AENLLE-ROCHA:
party statement, Your Honor.

13

position of authority, and I would submit that the statements

14

by him and his superiors are essentially being made on behalf

15

of the Army and the Government.

16

THE COURT:

A platoon sergeant is in a

04:14

Well, some of them may be.

I'd have to

17

take that -- some of them may be to the extent that they're

18

authorized.

19

know that his status as such would necessarily authorize all of

20

them.

I don't know that all of them would be.

Do you wish to be heard further?

22

MR. SIMPSON:

25

I don't

04:14

21

24

04:14

Well, I would also offer it as a

12

23

04:13

I think the Court has just said what I

was going to say, Your Honor.


It doesn't seem like the platoon sergeant is within
any kind of control group that these statements would

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:15

1170

constitute an admission of a party.

2
3

THE COURT:

I'd have to take that on

question-by-question basis.

But you may have a standing objection.

As to what the -- the pending question is, did he ask

04:15

you whether you were gay, so you may answer that question.

THE WITNESS:

No, he did not.

BY MR. AENLLE-ROCHA:

Did the platoon sergeant ultimately do as you had hoped?

10

No, he didn't.

11

And what I had hoped he would do was in some way -- and I

12

didn't know exactly how, but I assumed he would -- I'd hoped he

13

would keep it within the unit and quash it, essentially.

14

He took that information to the command.

04:15

Instead of doing that, he went outside of the unit

15

and took the information up to the command.

16

17

sergeant?

18

19

me that he had taken it to the command and talked to the

20

command about it, and that in response to receiving that

21

information, the first sergeant wanted to essentially

22

interrogate me about being gay.

23

conversation, that second conversation, but that was the gist

24

of it.

25

04:16

Did you have another conversation with the platoon

Yes.

He came back after that and told me that -- he told

It was a very limited

Do you know whether the platoon sergeant spoke to any of

Tuesday, July 20, 2010

04:16

Trial Day 5, Volume II

04:16

1171

the individuals who were making any of these comments, the

derogatory comments to you?

I don't know if he did or not, no.

What did you do after speaking to the platoon sergeant for

the second time?

that they wanted to bring me in and question me, I sort of had

this additional panic moment, it sort of exacerbated my panic

at the time, and I ended up speaking to another friend in my

04:16

Well, when I heard that he had talked to the command and

10

unit about the situation.

11

know, look, you know, I've got this situation.

12

know, I sort of explained it to her and, you know, said I don't

13

really know what to do; I mean, this has gotten out of hand,

14

and I sort of explained the situation.

15

I sort of went to her and said, you

04:17

I mean, you

And she put me in touch with a friend of hers who had

16

gone through a similar episode with the unit.

17

gay servicemember in the unit, and he had just gone through,

18

not long prior, what I was getting ready to go through, what I

19

was going through.

20

recommended that I contact Servicemembers Legal Defense

21

Network, or SLDN, in Washington, D.C. and he explained that the

22

SLDN provided free legal services to servicemembers who were

23

being investigated under "Don't Ask, Don't Tell."

24

25

individuals?

04:17

He was another

And she put me in touch with him, and he


04:17

What did you do as a result of speaking to these two

Tuesday, July 20, 2010

04:18

Trial Day 5, Volume II

1172

I called -- well, let me take that back.

I can't remember if I called or e-mailed, but I

contacted SLDN and ended up speaking with one of their

attorneys briefly who scheduled a subsequent conversation with

me.

my -- well, yeah, he essentially agreed to take on my case or

help me out.

connection with this matter?

And in that subsequent conversation, he agreed to take on

So did you formally hire counsel to represent you in

10

11

pro bono legal work; and so there was no charge for it, but I

12

retained counsel, I guess you could say.

13

14

you retained him or hired him?

15

16

I didn't hire; I'd say obtained.

But it was -- SLDN does

04:18

Did the attorney at SLDN do anything on your behalf after

Sure.

04:19

The first thing he did was send -- it was my

17

understanding, my recollection, the first thing he did was he

18

sent a letter of representation to the command, which

19

thankfully put a halt to what the command was trying to do that

20

had scared me to begin with, which was, you know, they said

21

that the first sergeant wanted to interrogate me after learning

22

that I was gay.

23

04:18

04:19

And one of the reasons -- I have to say one of the

24

reasons that I contacted SLDN to begin with was because the guy

25

who recommended that I contact SLDN told me about -- he didn't

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:19

1173

find out about SLDN until later in the process, his process,

and he told me about what they did with him when they called

him in and then the first sergeant interrogated him or

questioned him.

went far outside of the scope of what I understood them to be

able to inquire into.

And it was pretty grueling and extensive and

And so luckily for me at the time, my attorney with

SLDN sending the letter of representation to the command and

inserting himself into the middle of the process sort of put a

10

barrier between them and me, and it, I mean, directly resulted

11

in them reversing their decision to interrogate me about my

12

sexual orientation and whatever else they were going to

13

question me about.

14
15

MR. SIMPSON:

04:20

Your Honor, move to strike the

statements of the other gay servicemember as to his experience.

16

THE COURT:

Sustained.

17

I'm sorry.

The motion to strike is granted.

18

BY MR. AENLLE-ROCHA:

19

20

individual you just described with whom you had a conversation,

21

what happened next?

22

Are you referring to the attorney at SLDN?

23

No.

24

this conversation with.

25

04:20

04:20

What happened as a result of the information that the


04:21

I'm referring to the other servicemember that you had

THE COURT:

Tuesday, July 20, 2010

I think he had already testified -- I

Trial Day 5, Volume II

04:21

1174

think, if I understand the testimony correctly, one of the

reasons why he contacted the SLDN so early is because he heard

already what had happened to the other soldier.

moved to strike it because he already testified about what he

did, so that's why I granted the motion to strike.

MR. AENLLE-ROCHA:

BY MR. AENLLE-ROCHA:

conducted?

That's why I

Okay.

Was it important to you that an investigation not be

10

11

didn't want -- I didn't want to be discharged.

12

didn't want anything.

Well, I certainly didn't want it to happen because I

13

I mean, I just wanted it all to go away.

By that point, though, I started realizing that


things were -- I mean, you know, I already said they were out

15

of -- I felt they were out of control earlier.

16

were really out of control at this point.

17

I felt they

04:22

But, I mean, yeah, I was still trying to, at that

18

point, put the brakes on anything -- well, anything and

19

everything.

20

experience, unprecedented.

21

experience like this before.

22

trouble.

23

a way; in any way, really.

25

04:21

I mean, I

14

24

04:21

I mean, this was all very new to me and, in my


I had never, obviously, had an

04:22

I had never, you know, been in

I had never had to interact with the command in such

So yeah, I would say that it was -- yeah, I'd say


that it was important to me that the investigation not go

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:22

1175

forward, because I didn't want there to be an investigation.

been marked as Exhibit 41.

the right of you.

I'd like to direct your attention to a document that's

You have a set of notebooks just to

You'll find it at Volume III.

Have you located it?

04:23

Yes, I have.

Would you just take a moment to look at it.

Okay.

Do you recognize this document?

10

Yes, I do.

11

It appears to be two pages; correct?

12

That's correct.

13

Just tell us what each of the two pages is, starting with

14

the first one on the top page.

15

16

attorney with SLDN ended up sending to the command in my unit.

17

And it's accompanied by the second page, which is a privacy

18

waiver -- an authorization for the privacy waiver.

19

20

signature?

21

Yes, it does.

22

What is the date of the first page of the document?

23

The first page appears to be dated February 8, 2002.

24

What was your understanding at the time for having your

25

lawyer communicate with the Army in this fashion?

04:24

The first document in this exhibit is a letter that my

04:24

And the attached privacy waiver, does that bear your

Tuesday, July 20, 2010

04:24

Trial Day 5, Volume II

04:25

1176

When I first retained the attorney with SLDN, it was my

intent to have him essentially do damage control.

think the first thing I wanted him to do was try to head off

this line of inquiry that I seemed bound for from the first

sergeant.

I mean, I

04:25

So that was the primary purpose in my contacting them

was to try to get that impending interrogation essentially

stopped.

Is the letter that you have before you, Exhibit 41, is it

10

accurate, as far as you were concerned?

11

12

came towards the end of the process, but yeah, I mean, I think

13

it's accurate.

14

15

from the Government after your separation?

16

17

received from the Government.

Yeah.

Yes.

04:26

This was included in my personnel file, which I

MR. AENLLE-ROCHA:

I would move Exhibit 41 in

evidence, Your Honor.

20
21

I mean, I think this came -- this letter sort of

Was Exhibit 41 a part of any materials that you received

18
19

04:26

THE COURT:

Any objection other than the standing

04:26

objection?

22

MR. SIMPSON:

We do object based on relevance,

23

Your Honor.

I'm not sure what the relevance is of having this

24

come in to the constitutional issues before the Court; and also

25

hearsay.

Tuesday, July 20, 2010

04:27

Trial Day 5, Volume II

1177

1
2

MR. AENLLE-ROCHA:

It bears on his discharge; it

explains the process that was occurring at that time.

THE COURT:

Well, it's a letter from his lawyer

explaining his lawyer's understanding of what the process was.

So it's not an admission on the part of anyone affiliated with

the Department of Defense as to what the process was.

It doesn't really go to what the process was, except

as to what his lawyer's understanding or statement is to that.

It maybe sheds light on what his, Mr. Nicholson's, position

10

was.

11

04:27

04:28

I'll let it in for that limited purpose, but not for

12

the purpose of showing what the general process was as to

13

discharges, because it's not an admission or a statement as to

14

that.

So it's admitted for a limited purpose.

15

And that's Exhibit 41?

16

MR. AENLLE-ROCHA:

17

(Exhibit 41 is received.)

04:28

Yes, Your Honor.

18

BY MR. AENLLE-ROCHA:

19

20

of authority ever question you about your sexuality after you

21

retained counsel?

Mr. Nicholson, did any Army representative in a position

22

MR. SIMPSON:

23

THE COURT:

24

You may answer.

25

THE WITNESS:

Tuesday, July 20, 2010

04:28

Your Honor, objection; hearsay.

Overruled.

After I obtained counsel?

Trial Day 5, Volume II

04:28

1178

No, they did not.

BY MR. AENLLE-ROCHA:

that's been previously marked for identification as

Exhibit 41 -- excuse me, 40.

that you have before you.

Showing you now -- directing your attention to a document

I misspoke.

In the same volume

Mr. Nicholson, if you would take a moment to look at

this document and tell me if you recognize it.

Yes, I do.

10

What is it?

11

This is the letter that I was advised by my attorney to

12

submit to the command sort of toward the end of this process to

13

formally disclose my sexual orientation.

14

04:29

I had come to realize by this point, after all of the

15

things that had happened previously had happened and were out

16

there, that I had very few options left, and that since the

17

platoon sergeant had basically taken that information and the

18

information was out there, taken it to the command, that

19

discharge was inevitable at that point.

20

And so the attorney with SLDN helped me -- sort of

21

after I came to terms with that, which took some time -- helped

22

me, sort of held my hand through that process formally, and

23

this was one of the things that was -- my understanding was

24

part of that process.

25

04:28

And so this was the letter that I wrote as part of

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:30

04:30

04:30

1179

that formal process to explain at the end of the process why I

was doing what I was doing.

Is that your signature at the bottom of Exhibit 40?

Yes, it is.

Is Exhibit 40 a true and accurate copy of the original

letter that you signed and had submitted to the company

command?

Yes, it is.

9
10

MR. AENLLE-ROCHA:

Move Exhibit 40 into evidence,

Your Honor.

11
12

04:31

04:31

MR. SIMPSON:

Your Honor, just our objection on

relevance.

13

THE COURT:

Thank you.

14

The objection is overruled.

15

Exhibit 40 is ordered admitted.

16

(Exhibit 40 is received.)

04:31

17

BY MR. AENLLE-ROCHA:

18

19

all concerned that the Army could do anything else to you in

20

connection with the allegation that you were gay?

21

Now, other than discharging you for being gay, were you at

Yes.

04:31

But I didn't know exactly what.

22

At that point, you know, I had already heard that the

23

first sergeant had interrogated the previous servicemember that

24

I had spoken to about his sexual orientation, about his sexual

25

conduct, about his life before he went into the military.

Tuesday, July 20, 2010

And

Trial Day 5, Volume II

04:32

1180

it very much appeared that I was heading for a fishing

expedition.

And so, you know, knowing that, you know, homosexual

conduct was against the uniform code of military justice, or at

least homosexual acts were, which is a subcomponent of

homosexual conduct, and given the fact -- I mean, especially

given the fact that they were delving into conduct before

soldiers even went into the military, I mean, yes, I was

concerned about what they might be looking for, what they might

10

be trying to do, you know, whether they would try to bring up

11

any sort of charges, any -- I mean, at 20 years old, you know,

12

I certainly didn't know -- I didn't have the benefit of knowing

13

what I do now.

14

04:32

04:33

So at that time, you know, being a young kid who

15

doesn't know much about military legal system, about what they

16

can and can't do, you know, sort of being scared out of my mind

17

because I'd been outed and was going through this process of,

18

you know, potentially being fired and kicked out, yeah, I mean,

19

I was very concerned.

20

concerned about, I was just sort of generally scared.

21

22

of you, Exhibits 40 and 41, were submitted to the company

23

command?

24

25

don't remember how long after that, but the next major step

04:33

But I didn't really know what to be


04:33

What happened after the two letters that you have in front

After the company commander received these two letters, I

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:34

1181

that I remember is the company commander called, summoned me to

his office and formally told me that he was starting the

discharge process.

4
5

MR. SIMPSON:

hearsay as to what the commander said.

THE COURT:

BY MR. AENLLE-ROCHA:

this event.

10
11

Your Honor, motion to strike the

04:34

Motion to strike is denied.

You used the word "formally" told you.

Could you describe

Yes.

04:35

I used the word formally because it was -- I mean, it

12

was essentially a formal event, I mean, bordering on

13

ceremonial.

14

I had to stand at attention outside of the

15

commander's office.

16

opened for me.

17

a half turn, stand at attention.

18

the commander where I had to stand at ease while he read me the

19

contents of -- I believe it was a counseling statement

20

essentially, saying that he was initiating discharge

21

proceedings, and that -- if I remember correctly, he was

22

reading from some document that he had in front of him.

23

think it took the form of a counseling statement, which many

24

things do in the military.

25

If I remember correctly, the door was

04:35

I had to march into the commander's office, do


I had to be put at ease by

04:35

And I

But he essentially read me a document that said --

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:36

1182

I'm paraphrasing, but something along the lines of 'I'm

initiating separating proceedings against you.

that in a letter submitted to me on "X" date, you disclosed

that you are a homosexual,' and et cetera, et cetera.

informed me that he would be recommending discharge.

MR. SIMPSON:

I understand

And he
04:36

Your Honor, move to strike as to what

the statements said, the witness statement, and as to what the

commander said; hearsay.

THE COURT:

Motion to strike is denied.

10

BY MR. AENLLE-ROCHA:

11

12

company commander?

13

14

sergeant for the unit was there, as well as another staff

15

sergeant within the unit.

16

17

meeting?

18

04:36

Who was present at that event other than you and the

Other than me and the company commander, the first

04:36

Did there come a time when you were dismissed from that

Yeah.

19

Yes.

The dismissal was formal, also.

The company commander asked me if I had any

20

questions.

21

certainly didn't ask any because it wasn't -- I didn't seem

22

appropriate to do so, even if I did have questions.

23

I don't remember if I had any or not, but I

But the captain or the commander dismissed me.

04:37

And

24

as I started -- actually, as I started to go out of the office,

25

which was, you know, sort of a formal thing, as well, I mean, I

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:37

1183

had to come back to attention.

even might have had to salute the commander, although that

would have been indoors.

And if I remember correctly, I

I can't remember.

But as I was leaving -- actually, the first sergeant

-- before I exited the office, the first sergeant made this

comment to me -- so it wasn't a part of the formal proceeding

there where I was being told I was discharged, but as I was

leaving the office, the first sergeant actually stopped me on

the way out the door and said that he was ordering me to keep

10

my mouth shut about why I was being discharged.

11

04:38

And, I mean, I didn't realize -- you know, well, at

12

the time I just said "Yes, First Sergeant" and acknowledged it.

13

But he literally told me that he was ordering me to keep my

14

mouth shut and not tell anyone else why I was being separated

15

from the Army.

16
17

04:38

04:38

MR. SIMPSON:

Your Honor, I move to strike the

alleged statement by the first sergeant; hearsay.

18

THE COURT:

The motion to strike is denied.

19

BY MR. AENLLE-ROCHA:

20

Did the first sergeant explain his reason for the order?

21

No, he didn't explain it.

22

MR. SIMPSON:

23

THE COURT:

24

BY MR. AENLLE-ROCHA:

25

Objection; hearsay.

The objection is overruled.

Were you formally discharged from the Army?

Tuesday, July 20, 2010

04:38

Trial Day 5, Volume II

04:39

1184

Yes, I was.

When?

On March 22, 2002.

Approximately how much time had elapsed from the time you

first met with the platoon sergeant on this issue to the date

of your discharge?

Probably about two months.

Do you recall approximately when it is that you approached

the platoon sergeant for the first time on this issue?

10

It would have been about mid-January of 2002.

11

And what happened with respect to your status after you

12

made the -- after you had the initial conversation with the --

13

withdraw that.

14

04:39

04:39

What happened with respect to your status, you know,

15

during this interim two-month period before your discharge?

16

17

was essentially separated out physically from the rest of my

18

platoon.

19

barracks, same floor, same side of the floor, same hall, things

20

like that.

21

which our platoon resided, and I was put over in another part

22

of the barracks that was rather isolated because the floor was

23

pretty much uninhabited people.

24

unit than we had space for in the barracks, so there was one

25

wing on one floor that was mostly uninhabited except for people

04:39

Well, after the command began the discharge procedure, I

The platoons were generally housed together in the

And I was pulled out of the area in the barracks in

Tuesday, July 20, 2010

04:40

We had fewer people in our

Trial Day 5, Volume II

04:40

1185

who were being discharged.

So I was put over in a part of the barracks along

with people who were being discharged for drug use, for

criminal convictions that they did not disclose prior to

enlistment, other things in that category.

them and separated out.

I was put over with

04:41

So I was very much made to look like -- of course,

given the fact that I was ordered not to tell anyone why I was

being separated, made to look like I was one of those people

10

who had engaged in some sort of criminal behavior and were

11

being discharged as a result.

12

13

Exhibit 110-A, which should be in Volume V.

14

out Volume III for Volume V.

15

You said 110-A?

16

I did.

04:41

I'd like to show you now what's been marked as

17

If you could swap

04:42

Do you have that now before you?

18

Yes.

19

Do you recognize this document?

20

Yes.

21

What is it?

22

It's my Duty 214 or Department of Defense form 214.

23

the number four copy, which is Department of Defense lingo for

24

"the long form," which is essentially -- it's a certificate of

25

release from active duty, or your discharge certificate, which

Tuesday, July 20, 2010

04:42

It is

Trial Day 5, Volume II

04:43

1186

is given to every servicemember who's separated from the

military, both those who were discharged early and those who

complete their enlistment, those who retire, et cetera.

from the Army?

Yes.

Was the form accurate?

Yes, I think it was.

Did you sign the form?

10

Yes, I did.

11

Is that your signature in Box 21 of Exhibit 110-A?

12

Yes, it is.

13

Is Exhibit 110-A a true and accurate copy of the original

14

you signed?

15

Yes, it is.

16

And did the Army provide you with this form at the time of

17

your discharge?

18

Did you review that form at the time of your discharge

I was required to review it.

04:43

04:44

Yes, they did.

19
20

04:43

MR. AENLLE-ROCHA:

Move Exhibit 110-A into evidence,

Your Honor.

04:44

21

MR. SIMPSON:

22

THE COURT:

23

110-A is ordered admitted.

24

(Exhibit 110-A is received.)

25

Objection; relevance.

Objection is overruled.

Tuesday, July 20, 2010

04:44

Trial Day 5, Volume II

1187

BY MR. AENLLE-ROCHA:

same exhibit, what does the information in those boxes mean to

you?

honorable service characterization, so I was essentially given

an honorable discharge from the military.

Was that the case?

Yes, it was.

10

Directing your attention to Boxes 26 and 28 of the same

11

exhibit, what does the information in those boxes mean to you?

12

13

Ask, Don't Tell" for homosexuality.

14

15

the two-month period before your discharge.

16

17
18
19

Now directing your attention to Boxes 23 and 24 of the

Boxes 23 and 24 indicate that I was discharged with an

Could you please describe your state of mind throughout


04:45

Sure.
That was a very -- that was one of the roughest

periods of my life.
I mean, I generally describe that period as an
emotional roller coaster.

21

fired after having been outed and having my military career

22

terminated after a very -- you know, a rather short period of

23

time, a shorter period of time than I expected it to last.

25

04:44

Those boxes indicate that I was discharged under "Don't

20

24

04:44

I was in the process of getting

04:45

I didn't know what was going to happen next the


entire time at each step of the process.

Tuesday, July 20, 2010

You know, different

Trial Day 5, Volume II

04:46

1188

things, different steps in the process, especially early on,

induced what I would characterize as states of panic.

know, I certainly was scrambling in the beginning to try to

head off what inevitably became me being fired.

You

But as the process went on and I realized that I was

going to be discharged, and, you know, especially at midpoint

in the process when I realized that, you know, the command may

interrogate me about my personal life or that the -- well, just

generally not knowing what was going to happen, I mean, that

10

certainly induced extreme anxiety, and I went through

11

significant periods of deep depression because it was a very

12

emotional time.

13

I wasn't able to -- you know, I was realizing during


that time, I believe, that -- I think that's when I first

15

realized that "Don't Ask, Don't Tell" was much more profound

16

and far reaching than I had ever anticipated or understood it

17

to be previously.

04:47

I mean, you know, like I said earlier, when I was

19

discovered and outed within my unit, I thought I was abiding by

20

"Don't Ask, Don't Tell."

21

someone who was not in the military about a time in my life

22

before I joined the military.

23

04:47

It was a very emotional experience.

14

18

04:46

I was writing a personal letter to

04:47

And, you know, I mean, it was a -- that two months

24

was a period of depression, despair, anxiety, not knowing

25

what's coming next, not knowing what's going to happen after I

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:48

1189

get out.

You know, I mean, I knew at some point -- then the

whole family dynamic entered into it, and, you know, I knew I

was going to have to tell my parents at some point or they were

going to find out.

worms that was being opened up, or that I feared being opened

up.

You know, that was a whole other can of

I didn't even want to think about that at the time.

I didn't know where I was going to literally move; I

didn't know when the discharge was going to come; I didn't know

10

where I was going to go; where I was going to live; where I was

11

going to get income.

12

knowing what's next and just being completely and utterly

13

devastated and, you know, not being able to communicate with

14

anyone.

15

04:48

It was just this constant state of not

You know, I couldn't -- I mean, the first sergeant

16

literally said "I'm ordering you to shut your mouth."

17

not even tell anyone why I was over in this part of the

18

barracks with all these people who were being separated for

19

criminal behavior.

20

couldn't talk to anyone.

21

you know, wasn't allowed to talk about what I was going

22

through.

23

04:48

04:49

I could

I mean, you know, I couldn't -- I just


Even after I was being kicked out, I,

04:49

I mean, I think my peers were seeing me go through

24

something that was really disturbing.

25

some people, especially the one or two, you know, that I had

Tuesday, July 20, 2010

And, you know, I think

Trial Day 5, Volume II

04:49

1190

confided in after the process started, and some others who put

two and two together and figured it out, really felt for me and

really -- you know, they tried to reach out and I just

couldn't -- I mean, I just felt like I couldn't talk to anyone.

I mean, I had to internalize everything during this entire two

months.

7
8

MR. SIMPSON:

Your Honor, again, move to strike the

alleged statement by the first sergeant.

THE COURT:

10

BY MR. AENLLE-ROCHA:

11

How did your family come to learn of your discharge?

12

My family learned that I was discharged from the military

13

because, about a week after I was discharged, a piece of

14

paperwork -- a piece of my discharge paperwork was mailed to my

15

home of record address in South Carolina.

16

have the same name, I'm John Alexander Nicholson, III and he's

17

Junior.

18

he assumed that anything coming to their home from the Army

19

must be for him.

20

discharge paperwork, to my home of record address, which is my

21

parent's house.

22

04:50

Motion to strike is denied.


04:50

And my dad and I

And like I said earlier, he had been career Army.

04:50

And

And the Army had mailed a piece of my


04:51

And so my father opened up that envelope and found

23

the piece of discharge paperwork.

24

number one, that I was discharged, and number two, that I was

25

gay, because my father did not know that I was gay up to that

Tuesday, July 20, 2010

And that's how he found out,

Trial Day 5, Volume II

04:51

1191

point.

So my mother called me about a week after I got out

and bluntly asked me if I was still in the Army.

I didn't know that they knew.

It was sort of a shock because,

you know, I hadn't told them.

I figured there was no way they

could possibly know, and all of a sudden, you know, she calls

me up and asks if I'm still in the Army.

little bit and finally just said, well, why do you ask?

At that point

So I stuttered for a

And that's when she told me that my dad had

10

inadvertently opened a piece of mail for me because he thought

11

it was for him because it was from the Army and found a piece

12

of paper that said that I was no longer in the Army.

13

finally had to break down and tell them that I had been

14

discharged a week prior.

15

16

before your discharge persist after your discharge?

17

18

discharge.

19

the day I was discharged.

20

04:51

And so I

Did the emotions you describe during that two-month period

Yes.

04:52

04:52

They persisted for a number of years after my


The emotional roller coaster certainly did not stop

The day I left Fort Huachuca, luckily I had

21

arranged -- a friend of mine had volunteered to let me stay

22

with him for a while; so I moved north, to Phoenix.

23

with my friend for a little while.

24

weekend I was discharged, I shut everything out.

25

literally went off the grid.

Tuesday, July 20, 2010

04:52

I moved in

And literally that first


I mean, I

I mean, I turned my phone off.

Trial Day 5, Volume II

04:53

1192

People that I had told that I would, you know, call them when I

made it to Phoenix, people that I told I would see after I got

out, I literally shut myself off from.

That first weekend after I was discharged -- I want

to say I was discharged toward the end of the week, it may have

been a Thursday or a Friday -- I didn't call anybody for

probably four days.

grid and shut down and, you know, basically tried to digest

what had just happened.

I just sort of completely went off the

10

But even after that, you know, I began to pick up the

11

pieces and try to put my life together again, although it was a

12

rather abrupt end to a secure income, it was a rather abrupt

13

change of the direction of my life at the time.

14

with -- throughout the discharge and even after -- significant

15

what I felt was shame and embarrassment surrounding the fact

16

that I had been discharged from the Army.

17

04:53

04:53

I had to deal

04:54

It's not something that I wanted to, for years

18

afterwards, tell anybody about.

19

possible to avoid telling people I had been in the military,

20

because I didn't want them to ask follow-up questions, like

21

'How long were you in?'

22

would have to say that I was in for usually two years because

23

that's the minimum enlistment, and, therefore, would not prompt

24

further questions.

25

than that, then of course the next question was always, 'Well,

Tuesday, July 20, 2010

I mean, I would find every way

04:54

And if I did, and they did, then I

You know, if I told them I was in for less

Trial Day 5, Volume II

04:55

1193

why were you only in for that amount of time?'

lead to -- I found out pretty quickly that would lead to an

awkward scenario.

I would, you know, try to find other ways.

And that would

Sometimes I would have to explain, sometimes

But I lived with this, you know, sense of shame and

embarrassment and anxiety and depression surrounding that

experience for a couple of years after I was discharged.

mean, at the time I got out of the military, I was only 20

years old, still.

10

04:55

And so, you know, I didn't -- as I would assume most

11

20 year olds don't, I didn't have any sort of context

12

surrounding this issue, you know, certainly from a political or

13

social justice standpoint.

14

kicked out of the military.

15

had ever been kicked out of the military at that time.

16

was just something that caused a great deal of distress and

17

anguish and pain for a number of years after it took place.

18

19

boot camp as a result of your sexual orientation?

20

21

wasn't out.

22

suspected.

23

on anything at boot camp.

24

25

the Army intelligence school as a result of your sexual

04:55

All I knew was that I had been


And I didn't know anyone else who
And it

04:55

Did you ever notice any detrimental impact on your unit at

Well, at boot camp I didn't -- you know, I obviously

04:56

And even if, you know, maybe some people


But no, my sexual orientation never had any impact

Did you ever notice any detrimental impact on your unit at

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:56

1194

orientation?

out I was gay, the information started spreading.

number of people in my unit knew I was gay, and you know, most

of them -- you know, it was only a few bad apples in the bunch

that made problems that really caused the panic that I had.

Most people who found out considered it a nonissue.

8
9

No, I didn't.

And that includes after some people found


Obviously a

04:57

And some people even came up to me -- and I don't


think I mentioned this earlier, but that was another reaction I

10

got.

Some people came up to me and said they didn't have a

11

problem with it.

12

impact on anything at Fort Huachuca related to my sexual

13

orientation.

14

15

your performance?

16

No, it was not.

17

Did the policy itself known as "Don't Ask, Don't Tell"

18

affect you during your military service?

19

20

the military because of it or pursuant to it.

21

would say even beyond that, I mean, "Don't Ask, Don't Tell"

22

certainly prevented me from being able to be open with those I

23

perceived to be okay with it.

24

in boot camp, even more conversations like this at Fort

25

Huachuca, where the topic of sexual orientation came up, or the

04:57

But overall, at no point did I notice an

Was your discharge from the Army in any way related to


04:57

Well, it certainly affected me in that I was fired from

Tuesday, July 20, 2010

But yeah, I

04:58

There were conversations -- even

Trial Day 5, Volume II

04:58

1195

topic of "Don't Ask, Don't Tell" or gays in the military in

some way or another came up --

MR. SIMPSON:

MR. AENLLE-ROCHA:

Your Honor, we're getting lots of -Your Honor, he has not finished

his answer.

04:58

MR. SIMPSON:

We're getting lots of long narrative

answers; I think a lot of this is nonresponsive to the

questions that are being asked.

THE COURT:

Well, just as to the current question, it

10

is responsive to the question.

11

question which asked him what was the effect of the policy on

12

him.

You can continue.

14

THE WITNESS:

16

I can be verbose sometimes.

I can try

to be more succinct.

04:59

I mean, the point I was making was that the topic of

17

sexual orientation came up.

18

to me that they were okay with gays and lesbians; they didn't

19

have a problem with it, you know; that they knew other people

20

in their lives who were gay and lesbian.

21

those moments, I think it would have strengthened our

22

relationships to be able to be open with them.

23

04:58

So as to this question, the answer so far is responsive.

13

15

The answer is responsive to the

And there were people who conveyed

And, you know, in

04:59

I sensed from some people at certain times that they

24

liked gay people, and that, you know, I think at those

25

points -- but I had to bite my tongue, and I had to conceal the

Tuesday, July 20, 2010

Trial Day 5, Volume II

04:59

1196

fact that I was gay.

know, I had to really restrict that and keep it quiet.

I didn't know what would happen; so, you

So it certainly had this -- I mean, it had an impact

on me in the sense that I couldn't even be open with people who

explicitly gave me the impression that they were okay with gay

people and liked them and very much appreciated their company.

05:00

But it also had an impact on me I think in terms of

the fact that it just created a cloud of fear under which I

lived the entire time I was in.

You know, I didn't know

10

what -- whether my mannerisms were giving me away.

I didn't

11

know if I would slip up and say something or not change a

12

pronoun which might give me away.

13

had to -- I had to lie constantly in boot camp, for example,

14

and create girlfriends and ex-girlfriends as cover stories to

15

try to go out of my way to head off any suspicion that I might

16

be gay.

05:00

I didn't know -- you know, I

17

So yeah, throughout the entire time I was in, it just

18

constantly altered -- I felt like it required me to alter who I

19

was and what I said and what I did and how I communicated on an

20

ongoing basis.

21

BY MR. AENLLE-ROCHA:

22

23

to serve in the military?

24

Yes.

25

Did there come a time after your discharge from the Army

05:00

05:01

But for "Don't Ask, Don't Tell," would you have continued

Tuesday, July 20, 2010

Trial Day 5, Volume II

05:01

1197

when you decided to further your education?

that sort of allowed me to pick up the pieces and move on, was,

I used a partial GI Bill benefit that I had been entitled to

for my time in, in order to go back to the University of South

Carolina where I did my undergrad and later on went to grad

school there.

Did you graduate from the University of South Carolina?

Yes, I did.

10

When?

11

In December of 2004.

12

With what degree?

13

I earned a Bachelor's degree in international relations

14

then.

15

Did you concentrate on any language while you were there?

16

Yes.

Yes.

I went back to -- that's sort of one of the ways

05:02

THE COURT:

18

We're not going to finish with this witness today,

I'm sorry, excuse me.

and I'm sorry, I have a criminal matter I have to take up.

20
21

So let's adjourn the trial at this time, and we'll

You may step down.

23

How much longer do you think you have with this

25

05:02

start tomorrow at --

22

24

05:02

I did my minor in Spanish as an undergrad.

17

19

05:01

witness?
MR. AENLLE-ROCHA:

Tuesday, July 20, 2010

I'd say maybe another 15 minutes.

Trial Day 5, Volume II

05:03

1198

1
2

THE COURT:

I'm sorry we can't finish today.

forgotten this other matter.

Who's your next witness?

And I know you have cross-examination.

MR. WOODS:

After Mr. Nicholson, Your Honor, the next

THE COURT:

Then after that?

MR. WOODS:

After Dr. O'Krose, we have

Anthony Lavirde.

10

THE COURT:

That's a lay witness?

11

MR. WOODS:

Yes, Your Honor.

12

THE COURT:

All right.

It probably will take me a

13

half an hour in the morning for the 8:30 matter I have, so I'll

14

see you at 9:00 o'clock tomorrow.

15

MR. WOODS:

Very well.

16

THE COURT:

Thank you very much.

17

(Proceedings concluded.)

18

Thank you, Your Honor.

CERTIFICATE

19
20
21
22

I hereby certify that pursuant to section 753, title 28, United


States Code, the foregoing is a true and correct transcript of
the stenographically recorded proceedings held in the aboveentitled matter and that the transcript page format is in
conformance with the regulations of the Judicial Conference of
the United States.

23
24
25

05:03

witness would be Dr. O'Krose, who's coming from Canada.

I had

_/S/ Theresa A. Lanza


CSR, RPR
Federal Official Court Reporter

Tuesday, July 20, 2010

_________________
Date

Trial Day 5, Volume II

05:03

$
$10,000 [1] - 1113:16

'
'80s [1] - 1113:10
'93 [1] - 1115:3
'all [1] - 1079:13
'destroy [2] 1089:22, 1089:23
'How [1] - 1192:21
'oh [1] - 1162:18
'undermine [1] 1089:22
'Well [1] - 1192:25
'What [1] - 1090:8
'you [2] - 1163:14,
1164:16

1
1 [5] - 1078:23,
1079:1, 1079:8,
1106:4, 1106:16
1077 [2] - 1076:3,
1076:8
11 [10] - 1078:23,
1079:1, 1082:21,
1084:4, 1096:5,
1096:7, 1137:15,
1137:19, 1147:21,
1150:20
110-A [8] - 1076:18,
1185:13, 1185:15,
1186:11, 1186:13,
1186:19, 1186:23,
1186:24
1109 [1] - 1076:8
1126 [1] - 1076:13
1177 [1] - 1076:17
1179 [1] - 1076:18
1186 [1] - 1076:18
11th [3] - 1128:23,
1147:23, 1148:4
12 [2] - 1097:21,
1098:3
121 [1] - 1112:20
125 [2] - 1109:23,
1110:9
126 [1] - 1110:9
15 [4] - 1100:3,
1125:6, 1148:7,
1197:25
15-week [1] 1148:21
16 [3] - 1097:22,
1148:7, 1148:17

17 [6] - 1086:11,
1086:13, 1091:12,
1118:24, 1127:12,
1132:9
18 [4] - 1104:24,
1105:1, 1132:7,
1132:10
180 [2] - 1100:2,
1125:25
182 [5] - 1096:4,
1096:7, 1096:13,
1097:21, 1098:2
19 [2] - 1135:18,
1146:20
1900 [1] - 1075:7
1948 [1] - 1117:16
1970 [1] - 1117:16
1985 [1] - 1123:13
1988 [5] - 1093:15,
1093:20, 1098:18,
1124:1, 1124:12
1993 [27] - 1079:13,
1080:7, 1082:8,
1082:21, 1084:10,
1088:3, 1089:9,
1092:22, 1093:3,
1093:6, 1100:13,
1100:17, 1101:10,
1101:15, 1101:24,
1102:3, 1102:15,
1102:20, 1112:5,
1119:5, 1120:10,
1120:18, 1120:22,
1121:21, 1123:21,
1124:3, 1124:14
1999 [4] - 1127:14,
1129:13, 1132:1,
1132:11
1:24 [1] - 1077:1

2
20 [9] - 1075:14,
1077:1, 1094:11,
1094:14, 1132:17,
1165:14, 1180:11,
1193:8, 1193:11
2000 [1] - 1132:5
20001 [1] - 1075:15
2001 [5] - 1135:6,
1135:14, 1147:15,
1147:21, 1150:20
2002 [4] - 1161:11,
1175:23, 1184:3,
1184:10
2003 [1] - 1105:16
2004 [2] - 1105:13,
1197:11
2006 [1] - 1105:16

2009 [2] - 1111:5,


1112:16
2010 [1] - 1077:1
202-353-0543 [1] 1075:16
21 [5] - 1086:11,
1086:13, 1104:24,
1105:1, 1186:11
213-620-7772 [1] 1075:8
214 [2] - 1185:22
21st [1] - 1135:14
22 [1] - 1184:3
22203 [1] - 1075:20
23 [2] - 1187:2,
1187:5
24 [3] - 1083:2,
1187:2, 1187:5
256 [2] - 1078:3,
1118:12
258 [2] - 1115:17,
1115:18
259 [1] - 1116:8
26 [1] - 1187:10
28 [1] - 1187:10
280 [3] - 1082:5,
1082:19, 1084:5
281 [1] - 1085:16
286 [1] - 1088:5
29 [1] - 1082:7
296 [1] - 1089:16
297 [1] - 1089:16

3
3 [3] - 1085:2,
1100:3, 1106:12
30 [2] - 1133:3,
1155:3
31 [1] - 1084:10
310 [2] - 1104:24,
1105:1
339 [3] - 1078:23,
1079:1, 1079:9
344 [4] - 1077:25,
1089:15, 1115:14,
1118:12
348 [1] - 1086:10
38 [2] - 1111:9,
1111:19
398 [1] - 1077:15

1179:15, 1179:16,
1180:22
40,000 [1] - 1119:24
400 [3] - 1075:20,
1077:9, 1077:13
408 [1] - 1077:17
41 [9] - 1076:17,
1175:3, 1176:9,
1176:14, 1176:18,
1177:15, 1177:17,
1178:5, 1180:22
45 [1] - 1090:12
496 [1] - 1101:12

5
50 [3] - 1117:3,
1134:4, 1134:8
51 [1] - 1114:6
52 [2] - 1111:6,
1114:6
58 [4] - 1111:2,
1111:7, 1111:8,
1112:15
59 [1] - 1118:1

6
60 [3] - 1155:3,
1155:25, 1156:2
6108 [1] - 1075:15
633 [1] - 1075:6

7
7 [5] - 1096:4,
1096:7, 1096:14,
1111:18, 1147:15
70 [1] - 1113:21
778 [1] - 1102:12
7th [1] - 1147:22

8
8 [3] - 1101:12,
1102:13, 1175:23
83 [2] - 1108:16,
1108:21

4
4 [2] - 1154:6, 1154:7
40 [8] - 1076:18,
1178:5, 1179:3,
1179:5, 1179:9,

Case Name/number

9 [1] - 1111:18
9-11 [3] - 1150:13,
1150:24, 1151:24
90071-2007 [1] 1075:7
901 [1] - 1075:20

date

A
Aaron [1] - 1075:6
abiding [3] 1165:17, 1168:7,
1188:19
ability [1] - 1152:19
able [15] - 1086:13,
1099:11, 1117:20,
1117:21, 1123:11,
1128:11, 1147:5,
1163:8, 1167:10,
1167:14, 1173:6,
1188:13, 1189:13,
1194:22, 1195:22
aboard [1] - 1083:1
abrupt [2] - 1192:12
absent [1] - 1134:16
absolutely [3] 1136:8, 1139:10,
1142:8
abuse [2] - 1085:9,
1104:16
academy [1] 1111:21
accelerated [1] 1128:16
accept [2] - 1085:5,
1085:22
acceptable [1] 1139:22
accepted [1] 1139:24
accidentally [1] 1132:15
accommodations
[4] - 1087:1, 1087:3,
1087:10, 1087:14
accompanied [1] 1175:17
according [2] 1101:13, 1108:6
account [1] - 1106:6
Accountability [1] 1113:4
accurate [6] 1099:11, 1176:10,
1176:13, 1179:5,
1186:7, 1186:13
accused [1] 1123:16
acknowledge [1] 1120:23
acknowledged [2] 1103:3, 1183:12
acknowledgment [2]
- 1169:1, 1169:3
acronym [1] 1136:23

Action [1] - 1126:19


action [1] - 1150:25
actions [2] - 1168:18
active [2] - 1135:14,
1185:25
activities [1] 1141:5
activity [1] - 1090:12
acts [4] - 1085:12,
1085:23, 1138:19,
1180:5
add [1] - 1122:18
added [1] - 1161:18
adding [1] - 1113:17
addition [1] - 1081:4
additional [7] 1120:8, 1122:20,
1137:21, 1151:20,
1151:21, 1153:9,
1171:8
address [3] 1123:22, 1190:15,
1190:20
addressed [1] 1093:3
adjourn [1] - 1197:20
Administration [1] 1111:22
Admiral [1] - 1106:8
admission [3] 1170:1, 1177:5,
1177:13
admitted [4] 1122:9, 1177:14,
1179:15, 1186:23
admonished [1] 1140:2
advanced [1] 1158:6
advised [1] 1178:11
advocacy [1] 1126:23
advocate [2] 1109:10, 1109:16
advocates [1] 1126:23
Aenlle [3] - 1076:8,
1076:13, 1169:10
AENLLE [67] 1079:2, 1079:4,
1096:6, 1096:9,
1097:23, 1100:5,
1105:2, 1105:8,
1109:6, 1109:8,
1110:17, 1111:1,
1120:16, 1120:21,
1121:4, 1121:18,
1122:17, 1123:1,
1124:11, 1124:16,

1125:10, 1126:14,
1126:16, 1131:22,
1131:23, 1136:6,
1139:8, 1142:24,
1143:1, 1146:8,
1154:11, 1155:20,
1157:2, 1159:14,
1159:19, 1159:23,
1160:6, 1161:9,
1163:21, 1163:25,
1164:2, 1164:7,
1165:4, 1165:11,
1169:4, 1169:11,
1170:8, 1173:18,
1174:6, 1174:7,
1176:18, 1177:1,
1177:16, 1177:18,
1178:2, 1179:9,
1179:17, 1181:7,
1182:10, 1183:19,
1183:24, 1186:19,
1187:1, 1190:10,
1195:4, 1196:21,
1197:25
Aenlle-Rocha [3] 1076:8, 1076:13,
1169:10
AENLLE-ROCHA
[67] - 1079:2, 1079:4,
1096:6, 1096:9,
1097:23, 1100:5,
1105:2, 1105:8,
1109:6, 1109:8,
1110:17, 1111:1,
1120:16, 1120:21,
1121:4, 1121:18,
1122:17, 1123:1,
1124:11, 1124:16,
1125:10, 1126:14,
1126:16, 1131:22,
1131:23, 1136:6,
1139:8, 1142:24,
1143:1, 1146:8,
1154:11, 1155:20,
1157:2, 1159:14,
1159:19, 1159:23,
1160:6, 1161:9,
1163:21, 1163:25,
1164:2, 1164:7,
1165:4, 1165:11,
1169:4, 1169:11,
1170:8, 1173:18,
1174:6, 1174:7,
1176:18, 1177:1,
1177:16, 1177:18,
1178:2, 1179:9,
1179:17, 1181:7,
1182:10, 1183:19,
1183:24, 1186:19,
1187:1, 1190:10,
1195:4, 1196:21,

1197:25
affair [1] - 1157:1
affect [3] - 1142:15,
1143:2, 1194:18
affected [1] 1194:19
affiliated [1] - 1177:5
affirm [1] - 1120:23
Afghanistan [7] 1078:17, 1116:2,
1119:23, 1120:2,
1120:5, 1121:13,
1151:13
afraid [2] - 1166:11,
1166:14
African [1] - 1109:14
afternoon [2] 1109:9, 1125:6
afterwards [1] 1192:18
age [1] - 1132:9
agencies [1] 1123:9
agent [4] - 1150:5,
1150:18, 1151:7,
1151:19
agents [8] - 1149:7,
1149:12, 1149:17,
1150:7, 1150:13,
1151:2, 1151:8,
1151:23
ago [4] - 1091:12,
1094:11, 1094:14,
1122:7
agree [7] - 1078:20,
1078:21, 1093:14,
1100:19, 1101:22,
1102:18, 1106:3
agreed [4] - 1084:4,
1102:1, 1172:5,
1172:6
ahead [8] - 1079:6,
1096:11, 1097:24,
1130:20, 1147:4,
1161:8, 1164:1,
1168:19
aircraft [1] - 1088:11
aisle [2] - 1155:11,
1155:14
AIT [3] - 1158:6,
1158:7, 1158:10
Alderman [8] 1094:6, 1094:16,
1095:2, 1095:15,
1095:21, 1096:21,
1097:2, 1097:9
ALEXANDER [2] 1076:12, 1125:20
Alexander [4] 1125:3, 1125:11,

Case Name/number

1125:19, 1190:16
all-male [4] - 1138:5,
1141:9, 1141:12,
1141:13
allegation [1] 1179:20
alleged [2] 1183:17, 1190:8
allow [3] - 1086:22,
1116:3, 1116:6
allowed [10] 1091:10, 1128:14,
1128:15, 1134:22,
1150:15, 1151:6,
1151:7, 1163:22,
1189:21, 1197:3
allowing [6] 1082:25, 1083:9,
1086:5, 1086:16,
1103:17, 1115:12
allows [2] - 1108:7,
1120:6
almost [5] - 1141:8,
1148:20, 1153:12,
1168:20, 1169:1
alongside [2] 1078:16, 1116:3
alter [1] - 1196:18
altered [1] - 1196:18
alternatives [1] 1101:8
American [2] 1111:22, 1112:14
Americans [2] 1109:14, 1119:25
amount [1] - 1193:1
amplify [1] - 1110:10
analysis [5] 1098:20, 1098:24,
1099:13, 1099:17,
1099:20
analyst [2] - 1123:15,
1144:21
analyze [2] - 1092:2,
1092:11
ancestors [1] 1136:10
AND [1] - 1075:17
Angeles [1] - 1075:7
anguish [1] 1193:17
ANSWER [4] 1079:19, 1079:21,
1096:19, 1098:7
answer [27] 1078:10, 1084:20,
1088:12, 1088:25,
1090:7, 1095:5,
1096:16, 1107:5,
1110:10, 1110:18,

date

1111:16, 1114:7,
1114:12, 1118:21,
1118:23, 1120:15,
1135:22, 1154:2,
1155:22, 1159:16,
1160:16, 1168:16,
1170:6, 1177:24,
1195:5, 1195:10,
1195:12
answered [3] 1078:6, 1079:16,
1105:8
answering [1] 1159:18
answers [3] 1090:18, 1146:24,
1195:7
anthropologist [1] 1090:4
anti [12] - 1138:2,
1138:3, 1138:8,
1138:12, 1139:18,
1139:22, 1140:7,
1140:10, 1140:16,
1141:25, 1143:2,
1164:12
anti-gay [10] 1138:2, 1138:3,
1138:8, 1138:12,
1139:22, 1140:7,
1140:10, 1140:16,
1143:2, 1164:12
anti-harassment [1]
- 1139:18
anti-women [1] 1141:25
anticipated [1] 1188:16
anxiety [3] - 1188:10,
1188:24, 1193:6
anxious [1] - 1166:3
appealing [1] 1144:24
appear [1] - 1139:22
APPEARANCES [1] 1075:1
appeared [1] 1180:1
apples [1] - 1194:5
apply [1] - 1152:22
applying [1] 1134:21
appointment [1] 1132:20
appreciated [1] 1196:6
approached [1] 1184:8
appropriate [5] 1087:16, 1122:11,

1126:5, 1141:11,
1182:22
approval [1] - 1150:2
approved [3] 1148:16, 1148:25,
1150:3
April [1] - 1082:7
Aptitude [4] 1152:5, 1152:9,
1152:11, 1152:13
aptitude [5] 1128:13, 1131:13,
1151:25, 1152:6,
1154:6
Arabic [1] - 1154:8
area [15] - 1094:18,
1099:23, 1112:3,
1120:25, 1134:7,
1155:15, 1155:16,
1155:17, 1157:5,
1160:9, 1160:18,
1160:19, 1161:2,
1161:5, 1184:20
areas [2] - 1145:18
arguments [1] 1082:24
Arizona [2] - 1144:2,
1147:9
Arlington [1] 1075:20
armed [6] - 1079:15,
1084:9, 1103:18,
1117:3, 1131:10,
1132:13
Armed [14] 1079:25, 1080:3,
1080:16, 1081:5,
1082:4, 1082:16,
1083:23, 1086:2,
1093:4, 1100:20,
1102:14, 1114:11,
1115:15, 1127:2
arms [1] - 1078:5
ARMY [1] - 1075:18
Army [69] - 1080:10,
1080:22, 1082:7,
1101:16, 1102:24,
1102:25, 1127:5,
1127:6, 1127:9,
1131:17, 1132:15,
1132:20, 1132:22,
1132:23, 1132:24,
1133:3, 1135:5,
1135:12, 1135:13,
1135:19, 1136:3,
1136:14, 1137:14,
1138:7, 1139:12,
1139:16, 1139:17,
1139:20, 1141:1,
1144:16, 1145:3,

1146:3, 1146:10,
1147:10, 1147:11,
1150:2, 1150:8,
1151:21, 1151:25,
1154:7, 1154:9,
1154:12, 1154:21,
1158:6, 1160:14,
1161:10, 1162:12,
1163:18, 1165:15,
1169:15, 1175:25,
1177:19, 1179:19,
1183:15, 1183:25,
1186:5, 1186:16,
1190:17, 1190:18,
1190:19, 1191:3,
1191:7, 1191:11,
1191:12, 1192:16,
1193:25, 1194:14,
1196:25
arranged [1] 1191:21
arrangements [7] 1085:23, 1089:5,
1154:20, 1154:22,
1155:6, 1158:1,
1158:4
arrive [1] - 1147:14
arrived [2] - 1147:15,
1147:25
article [1] - 1111:23
articulated [1] 1123:3
aspects [2] 1133:15, 1150:14
aspired [2] - 1133:5,
1150:19
assess [1] - 1151:25
assesses [1] 1152:5
assigned [4] 1137:18, 1160:22,
1160:24, 1161:3
assignment [4] 1119:13, 1119:16,
1143:25, 1144:24
Assistant [3] 1081:25, 1082:1,
1084:9
associated [4] 1092:2, 1092:12,
1137:21, 1164:14
assume [3] 1084:21, 1087:12,
1193:10
assumed [2] 1170:12, 1190:18
attached [2] 1093:6, 1175:19
attempt [2] - 1146:7,
1152:19

attending [1] 1129:17


attention [24] 1079:8, 1082:5,
1096:13, 1098:2,
1100:1, 1100:2,
1100:14, 1109:23,
1111:2, 1112:20,
1114:5, 1115:14,
1116:8, 1116:22,
1118:1, 1142:12,
1154:20, 1175:2,
1178:3, 1181:14,
1181:17, 1183:1,
1187:2, 1187:10
attitude [1] - 1141:22
Attorney [1] 1075:19
attorney [7] 1172:13, 1173:7,
1173:22, 1175:16,
1176:1, 1178:11,
1178:20
attorneys [1] 1172:4
attraction [5] 1087:20, 1087:24,
1088:24, 1089:4,
1090:21
audio [3] - 1146:12,
1146:15, 1147:2
August [1] - 1132:11
Australian [1] 1078:15
Australians [1] 1116:19
authority [5] 1094:17, 1140:2,
1140:6, 1169:13,
1177:20
authorization [1] 1175:18
authorize [1] 1169:19
authorized [1] 1169:18
authors [4] - 1094:7,
1094:16, 1094:22,
1112:18
available [1] - 1111:3
Avenue [1] - 1075:14
avoid [1] - 1192:19
awards [1] - 1107:8
aware [13] - 1077:6,
1083:23, 1086:4,
1086:19, 1086:21,
1089:8, 1091:8,
1094:5, 1094:15,
1098:14, 1098:18,
1137:25, 1143:15

Case Name/number

awkward [5] 1157:4, 1157:6,


1157:12, 1157:20,
1193:3

B
Bachelor's [1] 1197:13
bachelor's [1] 1129:11
background [2] 1130:22, 1133:10
bad [1] - 1194:5
ban [3] - 1100:25,
1101:8, 1102:17
banning [1] 1101:18
barely [2] - 1156:15,
1157:6
barracks [22] 1154:20, 1155:1,
1155:2, 1155:8,
1156:2, 1156:3,
1158:1, 1158:4,
1158:14, 1159:9,
1159:20, 1159:25,
1160:2, 1160:3,
1160:21, 1161:3,
1184:19, 1184:20,
1184:22, 1184:24,
1185:2, 1189:18
barrier [1] - 1173:10
based [27] - 1087:10,
1087:14, 1087:19,
1087:21, 1088:21,
1092:14, 1092:18,
1096:15, 1099:23,
1100:23, 1106:16,
1108:11, 1108:21,
1108:23, 1108:24,
1109:12, 1116:1,
1116:24, 1117:7,
1121:24, 1125:24,
1142:23, 1153:5,
1167:9, 1169:7,
1176:22
bases [1] - 1119:25
basic [3] - 1092:10,
1137:9, 1137:19
basis [12] - 1088:8,
1088:20, 1090:16,
1090:22, 1090:24,
1092:6, 1093:23,
1107:24, 1121:17,
1123:10, 1170:3,
1196:20
Bates [2] - 1101:12,
1102:12
bathe [1] - 1156:7

date

bathroom [20] 1083:5, 1154:20,


1155:6, 1156:3,
1158:1, 1158:4,
1158:21, 1158:22,
1159:3, 1159:6,
1159:8, 1159:10,
1159:20, 1160:4,
1160:7, 1160:9,
1160:11, 1160:12,
1160:17, 1161:2
bathrooms [3] 1155:8, 1160:4,
1160:12
Battery [4] - 1152:5,
1152:9, 1152:11,
1152:13
bays [2] - 1154:25,
1155:1
bear [1] - 1175:19
bears [1] - 1177:1
beat [1] - 1141:8
became [3] 1162:14, 1162:16,
1188:4
become [6] 1112:18, 1134:23,
1144:9, 1148:5,
1151:5, 1151:19
becoming [2] 1146:17, 1146:18
bed [2] - 1158:17
beds [2] - 1155:3
began [8] - 1129:22,
1130:1, 1134:15,
1135:15, 1136:19,
1166:2, 1184:16,
1192:10
begin [12] - 1099:10,
1131:10, 1134:12,
1137:9, 1137:16,
1137:18, 1147:20,
1148:2, 1154:17,
1172:20, 1172:24
beginning [7] 1096:14, 1098:2,
1100:2, 1107:3,
1150:13, 1156:4,
1188:3
begun [1] - 1086:22
behalf [3] - 1126:23,
1169:14, 1172:13
Behalf [2] - 1075:3,
1075:10
behave [1] - 1143:11
behavior [4] 1140:18, 1142:4,
1185:10, 1189:19
benefit [3] - 1147:3,
1180:12, 1197:4

Benning [16] 1133:2, 1137:8,


1138:2, 1138:3,
1138:5, 1138:9,
1138:20, 1139:21,
1140:9, 1144:1,
1154:23, 1154:25,
1155:8, 1155:19,
1157:19, 1158:10
Bernie [2] - 1112:4,
1112:17
best [2] - 1101:3,
1121:6
better [2] - 1119:10,
1149:20
between [9] 1087:20, 1087:24,
1089:4, 1089:9,
1127:25, 1147:22,
1158:22, 1160:5,
1173:10
beyond [3] 1120:19, 1122:14,
1194:21
big [2] - 1149:24,
1167:15
Bill [1] - 1197:4
bill [1] - 1110:20
binders [1] - 1124:22
birthday [1] 1132:10
bit [3] - 1134:3,
1138:18, 1191:8
bite [1] - 1195:25
blackmailed [1] 1092:4
blood [1] - 1116:5
bluntly [1] - 1191:3
board [1] - 1088:10
bonded [1] - 1162:14
bono [1] - 1172:11
book [2] - 1080:13,
1111:24
boot [26] - 1136:22,
1137:11, 1137:13,
1137:14, 1137:15,
1137:17, 1137:18,
1138:1, 1138:5,
1138:7, 1138:9,
1141:3, 1141:9,
1143:20, 1143:25,
1144:1, 1156:17,
1158:5, 1158:8,
1158:9, 1166:5,
1193:19, 1193:20,
1193:23, 1194:24,
1196:13
booth [1] - 1147:6
boots [1] - 1156:21
bordering [1] -

1181:12
Borne [2] - 1082:15,
1082:20
bottom [5] - 1085:16,
1110:2, 1110:9,
1114:5, 1179:3
bound [1] - 1176:4
Box [1] - 1186:11
boxes [4] - 1187:3,
1187:5, 1187:11,
1187:12
Boxes [2] - 1187:2,
1187:10
Bradley [1] - 1075:13
brakes [1] - 1174:18
Branch [1] - 1075:12
branch [2] - 1127:4,
1132:12
bravely [1] - 1119:23
Brazilian [1] 1134:13
break [2] - 1077:25,
1191:13
breaks [1] - 1143:21
brief [4] - 1079:3,
1125:8, 1158:18,
1168:25
briefing [1] - 1139:19
briefings [3] 1139:16, 1139:18,
1140:25
briefly [1] - 1172:4
bring [9] - 1077:10,
1088:4, 1089:18,
1098:15, 1141:15,
1141:19, 1162:10,
1171:7, 1180:10
British [6] - 1078:14,
1115:2, 1115:4,
1116:18, 1119:23,
1120:1
broad [1] - 1101:15
broken [1] - 1148:8
Brookings [1] 1103:9
brought [1] 1156:24
budget [3] - 1113:22,
1113:25, 1114:2
building [1] - 1160:3
builds [1] - 1143:22
bunch [1] - 1194:5
bunched [1] 1162:25
bunk [2] - 1155:3,
1158:17
business [1] 1095:3
BY [57] - 1075:5,
1075:5, 1075:6,

1075:12, 1075:13,
1075:13, 1075:14,
1075:19, 1077:23,
1079:7, 1079:24,
1085:1, 1088:6,
1089:17, 1091:1,
1096:12, 1096:23,
1098:1, 1098:17,
1099:12, 1100:7,
1105:4, 1105:10,
1109:8, 1110:17,
1111:1, 1120:16,
1121:18, 1123:1,
1124:11, 1126:16,
1131:23, 1136:6,
1139:8, 1143:1,
1146:8, 1154:11,
1157:2, 1159:19,
1160:6, 1161:9,
1164:2, 1165:11,
1169:4, 1170:8,
1173:18, 1174:7,
1177:18, 1178:2,
1179:17, 1181:7,
1182:10, 1183:19,
1183:24, 1187:1,
1190:10, 1196:21

C
cadence [1] 1141:20
cadences [5] 1141:7, 1141:10,
1141:14, 1141:15,
1141:17
California [2] 1075:7, 1077:1
Calvin [2] - 1081:22,
1082:6
camp [25] - 1136:22,
1137:11, 1137:13,
1137:14, 1137:15,
1137:17, 1137:18,
1138:1, 1138:5,
1138:9, 1141:3,
1141:9, 1143:20,
1143:25, 1144:1,
1156:17, 1158:5,
1158:8, 1158:9,
1166:5, 1193:19,
1193:20, 1193:23,
1194:24, 1196:13
camps [1] - 1138:7
Canadian [1] 1078:15
Canadians [1] 1116:19
cannot [5] - 1078:6,
1078:10, 1079:16,

Case Name/number

1102:11, 1118:17
capacity [1] - 1088:9
captain [1] - 1182:23
card [1] - 1110:7
care [3] - 1114:1,
1168:22
career [6] - 1132:25,
1136:1, 1136:5,
1136:18, 1187:21,
1190:17
careful [2] - 1164:17,
1165:9
carefully [2] 1084:7, 1084:16
Carolina [15] 1127:17, 1129:10,
1129:14, 1129:18,
1130:11, 1130:25,
1132:3, 1132:4,
1132:8, 1135:12,
1136:20, 1137:2,
1190:15, 1197:6,
1197:8
carriers [2] 1088:11, 1117:18
carry [2] - 1119:12,
1119:16
case [6] - 1078:1,
1118:2, 1139:6,
1141:19, 1172:6,
1187:8
CASE [1] - 1075:4
Case [1] - 1076:3
cases [1] - 1108:1
catalogue [1] 1110:7
category [3] 1154:5, 1154:9,
1185:5
Category [2] 1154:6, 1154:7
caused [5] 1116:14, 1117:16,
1117:25, 1193:16,
1194:6
Center [1] - 1147:12
center [1] - 1155:11
ceremonial [1] 1181:13
ceremony [1] 1141:4
ceremony-type [1] 1141:4
certain [7] - 1102:6,
1102:10, 1128:14,
1128:15, 1161:3,
1164:17, 1195:23
Certainly [1] 1088:25
certainly [19] -

date

1124:23, 1136:15,
1136:16, 1139:23,
1139:24, 1140:15,
1141:24, 1165:13,
1174:10, 1180:12,
1182:21, 1188:3,
1188:10, 1191:18,
1193:12, 1194:19,
1194:22, 1196:3
certificate [2] 1185:24, 1185:25
cetera [3] - 1182:4,
1186:3
chain [1] - 1150:3
Chairman [1] 1110:20
challenge [1] 1126:5
change [6] - 1115:4,
1115:8, 1117:13,
1117:21, 1192:13,
1196:11
changed [17] 1078:7, 1079:17,
1108:6, 1108:9,
1108:25, 1109:13,
1110:14, 1110:21,
1114:14, 1114:17,
1114:20, 1115:10,
1120:9, 1120:17,
1121:8, 1122:12
changes [3] 1112:6, 1116:14,
1117:2
changing [1] 1117:1
character [2] 1153:23, 1153:25
characterization [2]
- 1101:23, 1187:6
characterize [3] 1147:25, 1169:1,
1188:2
charge [1] - 1172:11
charges [1] 1180:11
Charles [1] - 1103:1
Charlie [2] - 1114:14,
1114:18
Charlotte [2] 1136:20, 1137:2
checkups [1] 1137:5
chief [2] - 1117:19,
1117:20
Chief [4] - 1080:21,
1082:15, 1082:20,
1102:24
chief's [1] - 1101:5
Chiefs [1] - 1110:20

children [1] - 1129:2


Chin [1] - 1123:15
Chinese [1] - 1154:8
chose [3] - 1131:18,
1136:1, 1151:7
circumstances [6] 1120:9, 1120:17,
1120:22, 1120:24,
1121:8, 1126:7
city [2] - 1133:13,
1133:16
Civil [1] - 1075:12
civilian [5] - 1085:7,
1123:15, 1157:12,
1157:22, 1157:23
civilians [1] 1085:19
clarify [1] - 1142:22
class [5] - 1129:22,
1130:5, 1130:21,
1130:22, 1143:7
classes [7] 1128:14, 1128:15,
1128:18, 1129:23,
1129:25, 1130:1,
1130:4
classified [1] 1106:18
classroom [2] 1128:21, 1134:16
cleaning [1] - 1162:4
clear [4] - 1094:25,
1108:3, 1108:10,
1131:24
clearance [1] 1092:5
clearances [1] 1123:18
CLERK [2] 1125:12, 1125:17
climate [2] 1141:25, 1142:2
Clinton [2] 1100:24, 1117:20
close [1] - 1083:5
closed [1] - 1090:16
clothes [1] - 1157:9
cloud [3] - 1143:13,
1196:8
co [3] - 1083:7,
1085:5, 1160:8
co-ed [1] - 1160:8
co-workers [2] 1083:7, 1085:5
coaster [2] 1187:20, 1191:18
Coats [4] - 1089:20,
1090:6, 1090:15,
1090:20
code [1] - 1180:4

Cohen [3] - 1088:7,


1088:12, 1088:23
cohesion [34] 1080:1, 1080:4,
1080:7, 1080:17,
1081:1, 1081:6,
1081:10, 1081:14,
1081:19, 1081:23,
1082:13, 1082:16,
1083:11, 1083:18,
1086:6, 1086:17,
1089:11, 1091:5,
1091:10, 1091:17,
1092:2, 1092:12,
1103:4, 1103:20,
1114:24, 1115:13,
1115:22, 1116:14,
1117:2, 1117:11,
1119:7, 1119:11,
1119:20
Cohesion [1] 1080:13
cohesiveness [1] 1089:25
Colin [1] - 1081:14
collecting [2] 1145:9, 1145:11
collector [15] 1144:3, 1144:9,
1144:18, 1144:23,
1144:25, 1145:2,
1145:14, 1145:23,
1146:18, 1146:19,
1148:1, 1148:6,
1148:19, 1149:20,
1151:5
collectors [7] 1145:5, 1145:19,
1147:13, 1149:8,
1149:11, 1150:12,
1150:16
College [1] - 1117:17
college [8] 1129:22, 1129:25,
1131:5, 1135:1,
1135:3, 1135:25,
1136:2, 1136:3
colloquially [1] 1134:15
Colonel [1] - 1102:23
colorful [2] 1138:18, 1138:21
combat [4] 1109:15, 1137:9,
1137:19, 1156:18
Combat [1] 1080:14
coming [5] 1121:12, 1164:16,
1165:25, 1188:25,

1190:18
command [19] 1166:13, 1167:15,
1167:16, 1170:10,
1170:15, 1170:19,
1170:20, 1171:6,
1172:18, 1172:19,
1173:8, 1174:22,
1175:16, 1178:12,
1178:18, 1179:7,
1180:23, 1184:16,
1188:7
Command [2] 1082:15, 1082:20
Commander [1] 1102:23
commander [14] 1080:10, 1101:5,
1117:19, 1117:20,
1180:24, 1181:1,
1181:5, 1181:18,
1182:8, 1182:12,
1182:13, 1182:19,
1182:23, 1183:2
commander's [2] 1181:15, 1181:16
commander-inchief [2] - 1117:19,
1117:20
commander-inchief's [1] - 1101:5
commanders [1] 1121:25
commence [1] 1147:17
comment [2] 1163:11, 1183:6
commentary [1] 1142:4
comments [7] 1112:3, 1139:11,
1143:5, 1166:23,
1169:7, 1171:1,
1171:2
committee [10] 1079:13, 1082:7,
1084:2, 1084:7,
1084:15, 1084:17,
1085:3, 1085:5,
1085:15, 1085:16
Committee [12] 1080:1, 1080:4,
1080:16, 1081:5,
1082:4, 1082:17,
1083:23, 1093:4,
1100:20, 1102:15,
1114:11, 1115:15
Committee's [1] 1086:2
common [7] -

Case Name/number

1131:14, 1137:16,
1138:17, 1138:20,
1160:9, 1161:2,
1161:5
commonly [4] 1136:25, 1137:11,
1142:21, 1146:13
commonplace [5] 1138:4, 1138:9,
1139:24, 1140:13,
1142:5
communicate [2] 1175:25, 1189:13
communicated [1] 1196:19
communities [1] 1145:12
community [1] 1126:24
company [8] 1179:6, 1180:22,
1180:24, 1181:1,
1182:12, 1182:13,
1182:19, 1196:6
compelling [2] 1082:24, 1150:6
competing [1] 1103:17
complaint [2] 1142:9, 1142:10
complete [9] 1077:7, 1077:11,
1077:18, 1130:24,
1148:12, 1148:18,
1149:11, 1149:12,
1186:3
completed [3] 1093:21, 1148:16,
1148:20
completely [4] 1158:24, 1158:25,
1189:12, 1192:7
completing [1] 1143:25
complies [1] 1086:12
component [2] 1088:25, 1089:4
conceal [1] 1195:25
concentrate [1] 1197:15
concern [3] 1087:11, 1092:14,
1092:18
concerned [11] 1093:22, 1109:1,
1114:23, 1118:24,
1119:1, 1119:2,
1176:10, 1179:19,

date

1180:9, 1180:19,
1180:20
concerning [2] 1098:6, 1115:20
concerns [3] 1087:15, 1114:20,
1114:22
concluded [1] 1103:17
conclusion [4] 1112:25, 1113:3,
1113:20, 1123:24
conclusions [5] 1081:2, 1093:17,
1094:1, 1094:24,
1099:22
condoned [2] 1140:15, 1140:17
conduct [13] 1085:13, 1085:24,
1094:17, 1099:16,
1099:20, 1145:5,
1163:21, 1163:24,
1165:5, 1179:25,
1180:4, 1180:6,
1180:7
conducted [2] 1099:13, 1174:9
confided [1] - 1190:1
confirm [1] - 1163:9
confirmed [1] 1163:10
confused [1] 1142:18
congress [1] 1083:17
Congress [16] 1092:21, 1093:9,
1093:25, 1100:8,
1102:1, 1102:6,
1103:17, 1103:21,
1116:9, 1117:10,
1118:11, 1119:18,
1120:9, 1120:24,
1124:5, 1124:12
congressional [6] 1101:14, 1101:23,
1119:5, 1120:18,
1121:21, 1124:13
congressmen [2] 1102:7, 1102:10
connection [14] 1091:5, 1111:13,
1112:15, 1112:23,
1114:12, 1115:21,
1117:9, 1118:13,
1119:17, 1120:24,
1121:20, 1146:9,
1172:9, 1179:20
consider [7] -

1084:16, 1113:20,
1129:5, 1132:19,
1132:23, 1136:14,
1140:7
considered [17] 1083:24, 1084:7,
1091:24, 1093:12,
1093:25, 1100:8,
1102:6, 1114:13,
1120:9, 1124:5,
1124:12, 1135:4,
1136:4, 1142:11,
1146:2, 1147:5,
1194:7
considering [1] 1152:7
considers [1] 1154:7
consisted [2] 1138:12, 1155:23
consistent [2] 1103:5, 1103:13
consists [2] 1145:5, 1145:9
constant [1] 1189:11
constantly [3] 1143:15, 1196:13,
1196:18
constitute [1] 1170:1
constitutional [1] 1176:24
cont'd [2] - 1076:7,
1077:22
Cont'd)....................
.. [1] - 1076:3
contact [2] 1171:20, 1172:25
contacted [3] 1172:3, 1172:24,
1174:2
contacting [1] 1176:6
contain [3] 1097:14, 1167:6,
1167:7
contained [2] 1097:3, 1097:10
contains [1] - 1155:2
contemporaries [1] 1130:5
content [1] - 1146:15
contents [2] 1125:25, 1181:19
context [8] - 1097:1,
1098:13, 1100:23,
1118:16, 1145:3,
1146:3, 1157:11,
1193:11

continue [3] 1077:20, 1128:8,


1195:13
continued [2] 1157:8, 1196:22
contract [5] 1094:21, 1095:1,
1095:7, 1095:11,
1145:1
contractor [1] 1085:8
contractors [1] 1085:19
contribute [2] 1151:1
contributing [1] 1151:17
contributor [1] 1120:2
control [7] - 1167:2,
1167:3, 1167:4,
1169:25, 1174:15,
1174:16, 1176:2
conversant [1] 1134:23
conversation [8] 1170:16, 1170:23,
1172:4, 1172:5,
1173:20, 1173:24,
1184:12
conversations [2] 1194:23, 1194:24
conversing [1] 1162:18
conversion [2] 1130:15, 1134:21
conveyed [2] 1168:21, 1195:17
convictions [2] 1104:6, 1185:4
convince [1] 1132:17
convincing [1] 1116:25
cooker [2] - 1156:9,
1157:7
cooker-type [1] 1157:7
cool [1] - 1146:21
copies [2] - 1077:8,
1077:10
copy [7] - 1077:7,
1077:11, 1092:21,
1100:20, 1179:5,
1185:23, 1186:13
Corporation [1] 1100:17
Corporation's [1] 1101:22
Corps [2] - 1132:15,

1132:18
correct [82] - 1078:8,
1080:1, 1080:4,
1080:12, 1080:14,
1080:17, 1080:18,
1081:2, 1081:7,
1081:8, 1081:12,
1081:15, 1081:19,
1081:23, 1082:1,
1082:13, 1082:17,
1083:11, 1083:25,
1084:2, 1086:7,
1086:22, 1087:2,
1087:25, 1091:11,
1091:22, 1091:23,
1091:25, 1092:1,
1092:12, 1092:15,
1092:20, 1092:22,
1092:23, 1093:2,
1093:20, 1094:2,
1094:8, 1094:9,
1094:18, 1095:16,
1095:25, 1097:4,
1097:11, 1097:18,
1097:19, 1099:2,
1100:17, 1100:18,
1100:21, 1101:1,
1102:8, 1102:20,
1102:21, 1103:20,
1104:20, 1105:12,
1105:17, 1105:21,
1105:24, 1106:2,
1106:10, 1106:12,
1107:15, 1107:20,
1108:11, 1108:12,
1108:14, 1108:15,
1108:18, 1113:8,
1115:19, 1115:23,
1124:2, 1130:8,
1130:9, 1131:22,
1150:3, 1150:4,
1161:6, 1175:11,
1175:12
correctly [8] 1139:25, 1156:5,
1159:18, 1160:25,
1174:1, 1181:15,
1181:21, 1183:1
cost [1] - 1113:11
costs [6] - 1113:10,
1113:12, 1113:25,
1114:1, 1114:3,
1116:13
counsel [10] 1077:7, 1078:22,
1098:15, 1104:23,
1139:3, 1142:16,
1172:8, 1172:12,
1177:21, 1177:25
Counsel [1] - 1096:6

Case Name/number

counsel's [1] 1100:2


counseling [2] 1181:19, 1181:23
Counselor [1] 1096:21
count [1] - 1113:13
counterintelligence
[18] - 1148:15,
1148:25, 1149:3,
1149:7, 1149:12,
1149:17, 1149:23,
1150:5, 1150:7,
1150:13, 1150:18,
1151:2, 1151:6,
1151:8, 1151:19,
1151:23, 1154:13,
1154:15
countries [2] 1116:19, 1117:8
country [1] - 1109:18
couple [15] - 1112:6,
1128:18, 1135:15,
1137:4, 1144:14,
1144:20, 1144:22,
1152:25, 1157:13,
1162:9, 1162:24,
1164:8, 1164:10,
1164:11, 1193:7
course [13] - 1126:4,
1137:20, 1138:4,
1143:21, 1148:1,
1148:15, 1148:22,
1154:15, 1154:17,
1158:11, 1160:3,
1185:7, 1192:25
court [3] - 1098:6,
1099:11, 1121:5
Court [4] - 1115:7,
1125:13, 1169:22,
1176:24
COURT [78] - 1077:3,
1077:11, 1077:14,
1077:18, 1077:20,
1078:24, 1079:5,
1084:23, 1096:8,
1096:10, 1097:24,
1098:10, 1098:14,
1099:9, 1100:4,
1100:6, 1104:25,
1105:3, 1105:9,
1109:5, 1110:16,
1110:24, 1120:12,
1120:14, 1121:1,
1121:6, 1122:16,
1122:22, 1124:9,
1124:18, 1124:21,
1124:23, 1125:2,
1125:5, 1125:9,
1125:22, 1126:1,

date

1126:9, 1126:12,
1131:20, 1135:21,
1139:1, 1142:16,
1146:6, 1153:24,
1154:4, 1154:10,
1155:21, 1159:12,
1159:15, 1159:22,
1160:15, 1160:22,
1161:5, 1161:7,
1163:22, 1164:1,
1164:5, 1165:3,
1165:8, 1168:16,
1169:9, 1169:16,
1170:2, 1173:16,
1173:25, 1176:20,
1177:3, 1177:23,
1179:13, 1181:6,
1182:9, 1183:18,
1183:23, 1186:22,
1190:9, 1195:9,
1197:17
Court's [1] - 1100:1
cover [1] - 1196:14
Craig [5] - 1094:6,
1095:2, 1095:15,
1095:21, 1096:21
crap [1] - 1156:13
crap' [1] - 1162:18
create [3] - 1103:18,
1156:18, 1196:14
created [3] 1104:15, 1143:13,
1196:8
creating [1] 1155:13
credit [1] - 1135:8
criminal [4] - 1185:4,
1185:10, 1189:19,
1197:19
critical [1] - 1089:25
critique [2] 1112:10, 1112:14
Crittenden [9] 1091:22, 1091:24,
1092:11, 1092:21,
1122:19, 1122:23,
1122:24, 1123:3,
1123:6
CROSS [3] - 1076:6,
1076:11, 1077:22
cross [9] - 1117:9,
1120:20, 1120:21,
1122:15, 1122:18,
1123:2, 1123:20,
1145:20, 1150:15
CROSSEXAMINATION [1] 1077:22
cross-examination
[7] - 1117:9, 1120:20,

1120:21, 1122:15,
1122:18, 1123:2,
1123:20
cross-train [2] 1145:20, 1150:15
cryptologic [1] 1144:21
Cuban [1] - 1134:8
culture [3] - 1128:4,
1133:11, 1167:12
cultures [2] 1116:20, 1128:5
current [6] - 1084:8,
1101:17, 1101:18,
1117:1, 1126:17,
1195:9
curtain [1] - 1158:25
custom [1] - 1167:9
cycle [2] - 1137:18,
1154:14
cycles [1] - 1137:16

D
D.C [2] - 1127:1,
1171:21
dad [2] - 1190:15,
1191:9
damage [1] - 1176:2
Dan [1] - 1075:5
danger [1] - 1162:7
Darryl [2] - 1080:6,
1102:23
data [6] - 1106:23,
1107:2, 1107:12,
1108:8, 1118:18,
1121:15
date [7] - 1135:14,
1144:12, 1161:14,
1162:20, 1175:22,
1182:3, 1184:5
dated [4] - 1134:13,
1163:17, 1168:10,
1175:23
dating [1] - 1163:5
David [5] - 1080:17,
1082:15, 1082:20,
1102:24, 1103:10
days [6] - 1083:2,
1137:3, 1137:4,
1147:18, 1147:19,
1192:7
DC [1] - 1075:15
deal [4] - 1113:23,
1149:24, 1192:13,
1193:16
debates [1] - 1102:3
December [4] 1093:15, 1093:20,

1098:18, 1197:11
decide [3] - 1107:18,
1133:9, 1166:9
decided [8] 1083:19, 1123:16,
1128:6, 1128:8,
1131:6, 1131:17,
1133:16, 1197:1
decision [3] 1135:4, 1150:21,
1173:11
decisions [2] 1083:20, 1098:6
decreases [3] 1104:6, 1104:8,
1107:14
deep [1] - 1188:11
Defendants [1] 1075:10
defense [2] 1113:25, 1126:24
Defense [15] 1082:1, 1084:10,
1094:6, 1113:6,
1151:3, 1151:9,
1151:22, 1152:4,
1152:9, 1152:11,
1152:13, 1171:20,
1177:6, 1185:22,
1185:23
definitely [6] 1140:23, 1141:21,
1143:8, 1143:9,
1145:15, 1166:6
definitive [2] 1078:18, 1093:12
definitively [6] 1078:7, 1078:10,
1079:17, 1079:23,
1118:16, 1118:21
degrading [1] 1090:13
degree [4] - 1129:11,
1140:20, 1197:12,
1197:13
delving [1] - 1180:7
demanding [1] 1088:20
demonstrate [2] 1085:13, 1085:24
denied [4] - 1181:6,
1182:9, 1183:18,
1190:9
DEPARTMENT [1] 1075:11
Department [7] 1080:21, 1103:1,
1103:10, 1103:11,
1177:6, 1185:22,
1185:23

deployed [1] 1145:12


deploys [1] - 1115:6
deposition [12] 1086:10, 1086:11,
1094:12, 1096:4,
1096:14, 1096:25,
1097:21, 1109:24,
1111:10, 1111:19,
1112:21, 1114:6
depression [4] 1166:3, 1188:11,
1188:24, 1193:6
derogatory [7] 1138:13, 1138:15,
1138:17, 1140:24,
1141:18, 1143:5,
1171:2
describe [13] 1089:25, 1113:2,
1129:3, 1130:10,
1138:10, 1152:11,
1154:22, 1155:19,
1166:7, 1181:8,
1187:14, 1187:19,
1191:15
described [4] 1134:20, 1144:19,
1144:20, 1173:20
Desert [1] - 1090:10
desire [2] - 1107:18,
1107:19
despair [1] - 1188:24
destroy [2] 1089:24, 1090:21
detail [1] - 1139:5
detainee [2] 1148:10, 1148:14
detainees [4] 1145:5, 1145:6,
1145:7, 1145:15
determine [4] 1095:18, 1095:23,
1096:17, 1099:14
detrimental [2] 1193:18, 1193:24
devastated [1] 1189:13
dialogue [1] 1084:25
died [1] - 1114:18
difference [1] 1102:19
different [8] 1085:20, 1102:4,
1109:16, 1113:7,
1115:24, 1116:6,
1187:25, 1188:1
digest [1] - 1192:8
dignity [1] - 1085:20

Case Name/number

dining [3] - 1160:19,


1161:25, 1162:2
dire [2] - 1115:8,
1121:16
direct [18] - 1079:8,
1085:21, 1091:19,
1092:25, 1096:13,
1100:16, 1103:23,
1106:13, 1109:23,
1111:2, 1112:20,
1114:5, 1115:14,
1116:8, 1116:22,
1118:1, 1154:19,
1175:2
DIRECT [3] - 1076:6,
1076:11, 1126:15
directed [1] 1138:15
directing [3] 1178:3, 1187:2,
1187:10
direction [3] 1116:1, 1158:8,
1192:13
directly [1] - 1173:10
director [1] 1126:18
disagree [8] 1086:1, 1086:3,
1091:13, 1091:16,
1098:22, 1119:6,
1119:19, 1121:8
disagreed [3] 1081:1, 1100:9,
1103:12
discharge [25] 1168:11, 1177:1,
1178:19, 1181:3,
1181:20, 1182:5,
1184:6, 1184:15,
1184:16, 1185:25,
1186:4, 1186:17,
1187:7, 1187:15,
1189:9, 1190:11,
1190:14, 1190:20,
1190:23, 1191:16,
1191:18, 1192:14,
1194:14, 1196:25
discharged [25] 1106:17, 1107:21,
1108:1, 1127:7,
1174:11, 1183:7,
1183:10, 1183:25,
1185:1, 1185:3,
1185:11, 1186:2,
1187:5, 1187:12,
1188:6, 1190:12,
1190:13, 1190:24,
1191:14, 1191:19,
1191:24, 1192:4,

date

1192:5, 1192:16,
1193:7
discharges [15] 1105:19, 1106:4,
1106:5, 1106:6,
1106:9, 1106:11,
1106:12, 1106:13,
1107:13, 1108:3,
1108:10, 1108:16,
1126:8, 1177:13
discharging [1] 1179:18
discipline [2] 1103:20, 1141:4
disclose [3] 1107:19, 1178:13,
1185:4
disclosed [1] 1182:3
discovered [1] 1188:19
discuss [2] 1112:10, 1112:11
discussed [2] 1081:4, 1102:18
discussing [1] 1154:19
discussion [1] 1111:20
dismissal [1] 1182:18
dismissed [2] 1182:16, 1182:23
disprove [1] 1118:22
dispute [3] 1094:25, 1095:6,
1095:8
disrupt [1] - 1103:3
distinguished [1] 1099:4
distress [1] 1193:16
disturbing [1] 1189:24
divided [1] - 1101:21
Division [2] 1075:12, 1075:18
division [1] 1102:16
divorces [1] 1104:15
DLAB [3] - 1152:5,
1152:13
Docket [1] - 1125:25
Doctor [1] - 1108:5
document [11] 1100:16, 1114:12,
1175:2, 1175:9,
1175:15, 1175:22,

1178:3, 1178:8,
1181:22, 1181:25,
1185:19
documents [2] 1091:20, 1091:21
DOD [2] - 1085:7,
1085:18
dollars [1] - 1113:11
domain [1] - 1112:12
dominated [1] 1150:23
done [13] - 1083:4,
1112:8, 1113:5,
1117:8, 1121:23,
1135:7, 1135:9,
1145:18, 1149:10,
1150:24, 1156:22,
1157:22, 1162:4
door [4] - 1113:15,
1155:9, 1181:15,
1183:9
doors [2] - 1159:2,
1159:7
down [19] - 1116:22,
1124:19, 1131:8,
1131:18, 1131:19,
1134:5, 1137:8,
1141:19, 1143:22,
1148:8, 1156:7,
1161:25, 1162:1,
1162:5, 1162:24,
1191:13, 1192:8,
1197:22
downward [2] 1105:20, 1105:22
Dr [49] - 1077:24,
1078:3, 1079:8,
1080:6, 1080:10,
1080:17, 1080:21,
1086:1, 1086:13,
1086:16, 1086:21,
1089:8, 1090:2,
1090:6, 1090:7,
1090:18, 1090:23,
1091:2, 1091:3,
1091:4, 1091:8,
1091:15, 1091:19,
1095:5, 1095:22,
1096:13, 1098:2,
1100:8, 1100:12,
1100:19, 1101:13,
1101:22, 1102:1,
1102:18, 1102:24,
1103:5, 1103:9,
1103:16, 1103:23,
1105:5, 1105:11,
1107:13, 1109:9,
1119:6, 1119:17,
1119:19, 1122:12,
1123:2

draft [16] - 1093:11,


1093:15, 1093:16,
1094:6, 1094:16,
1095:19, 1095:24,
1097:3, 1097:6,
1097:10, 1097:13,
1098:18, 1099:1,
1100:24, 1101:4,
1161:22
Draft [1] - 1093:20
drafts [1] - 1161:22
draw [3] - 1082:5,
1098:2, 1113:23
drawn [1] - 1142:12
dress [2] - 1157:4,
1157:21
dressed [1] 1157:15
dressing [2] 1157:3, 1157:24
drill [4] - 1133:1,
1140:6, 1141:4,
1141:14
dropped [3] 1104:12, 1104:19,
1105:6
Drs [3] - 1081:1,
1091:8, 1121:16
drug [1] - 1185:3
drying [3] - 1155:16,
1155:17, 1157:3
drying-off [2] 1155:16, 1155:17
due [1] - 1100:14
During [1] - 1102:14
during [25] 1082:16, 1083:13,
1083:25, 1089:9,
1092:22, 1101:14,
1102:3, 1102:20,
1105:20, 1107:14,
1107:18, 1122:18,
1129:21, 1129:23,
1138:1, 1138:9,
1139:21, 1151:12,
1152:1, 1156:6,
1184:15, 1188:13,
1190:5, 1191:15,
1194:18
duties [1] - 1146:2
duty [3] - 1148:3,
1158:12, 1185:25
Duty [1] - 1185:22
dynamic [1] - 1189:3

E
e-mailed [1] - 1172:2
ear [1] - 1156:12

Earle [1] - 1075:5


early [4] - 1128:15,
1174:2, 1186:2,
1188:1
earned [1] - 1197:13
earshot [1] - 1141:20
ease [2] - 1181:17,
1181:18
easier [1] - 1134:19
easy [3] - 1129:7,
1130:16, 1153:12
eating [1] - 1156:20
economic [1] 1113:1
economist [1] 1118:20
ed [1] - 1160:8
editing [1] - 1161:23
education [4] 1084:12, 1085:17,
1085:21, 1197:1
effect [7] - 1090:8,
1090:14, 1102:17,
1117:11, 1120:22,
1120:25, 1195:11
effective [1] 1123:24
effectiveness [5] 1078:6, 1078:19,
1079:16, 1090:8,
1090:13
effort [3] - 1151:13,
1151:17, 1165:15
eight [2] - 1083:2,
1148:22
eight-hour-a-day [1]
- 1083:2
eighth [5] - 1128:1,
1128:7, 1128:12,
1128:14, 1128:18
eighth-grade [1] 1128:14
either [4] - 1081:20,
1090:21, 1159:2,
1165:25
elaborated [1] 1098:13
elapsed [1] - 1184:4
element [1] 1089:25
Element [1] 1080:13
elevate [1] - 1107:18
elsewhere [1] 1085:6
embarrassment [2] 1192:15, 1193:6
emotional [6] 1143:19, 1166:10,
1187:20, 1188:12,

Case Name/number

1191:18
emotionally [1] 1143:22
emotions [1] 1191:15
empirical [3] 1098:20, 1098:23,
1121:22
employee [1] 1123:16
employees [2] 1085:8
enacted [1] 1093:10
enacting [1] - 1094:1
enclosed [1] 1158:24
end [12] - 1091:15,
1100:8, 1130:21,
1133:18, 1136:1,
1148:21, 1148:23,
1176:12, 1178:12,
1179:1, 1192:5,
1192:12
ended [4] - 1117:17,
1171:9, 1172:3,
1175:16
Ending [1] - 1112:16
ending [1] - 1102:12
engage [5] 1085:13, 1085:24,
1098:19, 1098:23,
1116:21
engaged [2] 1162:7, 1185:10
English [2] 1145:17, 1145:18
English-speaking
[1] - 1145:18
enlist [2] - 1107:3,
1135:13
enlisted [2] 1135:12, 1136:3
enlisting [1] - 1135:5
enlistment [9] 1103:24, 1104:2,
1105:12, 1144:11,
1144:25, 1146:9,
1185:5, 1186:3,
1192:23
enroll [2] - 1131:6,
1154:13
enrolled [2] 1129:10, 1130:2
ensure [1] - 1085:18
entered [1] - 1189:3
Enterprise [1] 1112:14
entire [6] - 1145:24,
1156:8, 1187:25,

date

1190:5, 1196:9,
1196:17
entitled [3] 1080:13, 1112:16,
1197:4
entrance [5] 1136:19, 1136:23,
1144:10, 1152:2,
1156:1
envelope [1] 1190:22
environment [15] 1138:6, 1141:9,
1141:11, 1141:12,
1141:13, 1143:18,
1150:23, 1156:14,
1156:18, 1157:7,
1158:5, 1166:4,
1166:5, 1166:6
environments [3] 1141:7, 1158:5,
1158:7
episode [1] 1171:16
epithet [1] - 1142:20
especially [6] 1141:6, 1156:4,
1180:6, 1188:1,
1188:6, 1189:25
espionage [1] 1150:8
essentially [24] 1090:15, 1128:11,
1128:13, 1145:22,
1152:16, 1155:1,
1155:23, 1155:25,
1161:11, 1161:13,
1167:5, 1168:11,
1169:14, 1170:13,
1170:21, 1172:6,
1176:2, 1176:7,
1181:12, 1181:20,
1181:25, 1184:17,
1185:24, 1187:6
established [1] 1131:20
esteem [1] - 1133:6
estimate [4] 1113:14, 1113:19,
1134:4, 1134:9
estimated [1] 1113:10
et [3] - 1182:4,
1186:3
ethnic [5] - 1140:21,
1140:24, 1141:23,
1142:1, 1143:6
European [1] 1115:7
event [3] - 1181:9,

1181:12, 1182:11
events [3] - 1118:24,
1150:20, 1165:12
evidence [8] 1115:25, 1117:1,
1123:23, 1153:23,
1153:25, 1176:19,
1179:9, 1186:19
evidently [1] 1163:4
ex [1] - 1196:14
ex-girlfriends [1] 1196:14
exacerbated [2] 1143:23, 1171:8
exact [1] - 1166:25
exactly [8] - 1081:16,
1118:9, 1118:18,
1145:2, 1160:10,
1168:3, 1170:12,
1179:21
exam [3] - 1129:23,
1152:17, 1152:18
examination [12] 1091:19, 1092:25,
1100:16, 1103:23,
1109:5, 1117:9,
1120:20, 1120:21,
1122:15, 1122:18,
1123:2, 1123:20
EXAMINATION [3] 1077:22, 1109:7,
1126:15
example [13] 1080:6, 1081:9,
1110:12, 1110:19,
1112:4, 1113:25,
1114:14, 1117:15,
1117:22, 1140:4,
1140:6, 1141:2,
1196:13
exams [1] - 1137:5
exceed [2] - 1094:21,
1095:10
exceeded [2] 1095:1, 1095:7
exceedingly [1] 1136:15
except [2] - 1177:7,
1184:25
excerpts [2] 1119:3, 1119:18
exciting [4] 1146:20, 1146:25,
1147:5, 1150:12
exclude [1] 1123:10
excluding [7] 1092:3, 1092:7,
1093:23, 1122:12,

1122:20, 1123:3,
1123:6
exclusion [1] 1122:10
excuse [5] - 1124:3,
1127:24, 1133:22,
1178:5, 1197:17
excused [1] 1124:19
executive [3] 1100:24, 1101:4,
1126:18
exempt [1] - 1128:14
exempted [1] 1129:24
Exhibit [29] 1077:25, 1085:2,
1089:15, 1101:12,
1102:13, 1111:2,
1111:6, 1111:7,
1112:15, 1115:14,
1118:1, 1118:12,
1175:3, 1176:9,
1176:14, 1176:18,
1177:15, 1177:17,
1178:5, 1179:3,
1179:5, 1179:9,
1179:15, 1179:16,
1185:13, 1186:11,
1186:13, 1186:19,
1186:24
exhibit [3] - 1175:15,
1187:3, 1187:11
EXHIBITS [1] 1076:16
Exhibits [1] 1180:22
exited [1] - 1183:5
expectation [1] 1159:6
expected [1] 1187:23
expects [1] 1088:18
expedition [1] 1180:2
experience [26] 1078:4, 1078:14,
1078:16, 1079:13,
1099:20, 1099:24,
1109:13, 1113:21,
1113:24, 1114:25,
1115:2, 1116:18,
1116:25, 1119:22,
1133:14, 1133:17,
1138:2, 1140:9,
1143:19, 1143:20,
1143:21, 1173:15,
1174:20, 1174:21,
1188:12, 1193:7

experienced [1] 1154:21


experiences [2] 1117:8, 1121:24
expert [2] - 1101:20,
1118:2
expertise [10] 1095:18, 1095:20,
1095:23, 1096:1,
1096:16, 1096:22,
1099:16, 1099:18,
1099:19, 1099:23
explain [5] 1111:18, 1179:1,
1183:20, 1183:21,
1193:3
explained [6] 1079:22, 1113:9,
1146:11, 1171:12,
1171:14, 1171:21
explaining [4] 1163:23, 1165:5,
1168:17, 1177:4
explains [2] 1163:21, 1177:2
explicitly [4] 1098:19, 1139:19,
1140:15, 1196:5
exposed [4] 1134:19, 1149:4,
1152:19, 1153:6
expressed [3] 1083:24, 1091:16,
1102:19
expressly [2] 1081:1, 1139:20
extensive [2] 1161:16, 1173:4
extensively [1] 1120:22
extent [3] - 1102:6,
1165:8, 1169:17
extra [1] - 1137:17
extracting [1] 1145:6
extreme [1] 1188:10
extremely [4] 1083:4, 1135:23,
1136:4, 1138:17
eyes [1] - 1146:23

F
face [1] - 1168:1
facial [1] - 1126:5
facilities [8] 1083:6, 1088:10,
1088:13, 1122:8,

Case Name/number

1159:10, 1159:20,
1160:4, 1160:7
facility [2] - 1162:1,
1162:2
fact [32] - 1091:3,
1093:6, 1094:20,
1094:25, 1095:6,
1095:8, 1095:19,
1097:13, 1099:16,
1102:1, 1105:23,
1106:11, 1108:16,
1112:5, 1116:4,
1122:7, 1133:12,
1136:9, 1140:4,
1140:16, 1140:25,
1142:12, 1143:17,
1152:7, 1153:16,
1156:23, 1180:6,
1180:7, 1185:8,
1192:15, 1196:1,
1196:8
factor [1] - 1090:13
facts [1] - 1120:8
fag [1] - 1138:13
faggot [1] - 1138:14
fair [8] - 1082:12,
1083:8, 1086:1,
1091:15, 1096:16,
1120:8, 1120:25,
1139:9
fairly [4] - 1129:5,
1130:13, 1130:14,
1130:23
fall [1] - 1129:13
family [9] - 1128:22,
1128:25, 1133:6,
1135:19, 1135:23,
1135:24, 1189:3,
1190:11, 1190:12
family's [1] - 1136:7
far [20] - 1080:5,
1080:15, 1080:23,
1081:3, 1081:11,
1081:13, 1089:6,
1091:18, 1097:5,
1098:21, 1100:22,
1101:2, 1108:19,
1121:22, 1124:15,
1139:11, 1173:5,
1176:10, 1188:16,
1195:12
Farsi [1] - 1154:8
fascination [1] 1133:11
fashion [1] - 1175:25
faster [1] - 1107:11
father [7] - 1129:1,
1132:25, 1133:7,
1133:8, 1136:8,
1190:22, 1190:25

date

fear [4] - 1092:4,


1143:9, 1143:13,
1196:8
feared [1] - 1189:6
fearful [1] - 1143:11
features [1] - 1150:5
February [1] 1175:23
Federal [1] - 1075:12
feelings [1] 1114:22
fellow [3] - 1119:4,
1154:15, 1161:12
felony [1] - 1104:6
felt [8] - 1094:23,
1095:8, 1174:15,
1190:2, 1190:4,
1192:15, 1196:18
female [6] - 1089:10,
1157:21, 1160:12,
1161:4, 1164:6,
1164:7
females [1] 1088:24
few [5] - 1091:20,
1162:11, 1162:16,
1178:16, 1194:5
fewer [1] - 1184:23
field [9] - 1144:15,
1144:22, 1145:11,
1147:7, 1149:4,
1149:21, 1151:11,
1151:16
Fifth [1] - 1075:6
fight [1] - 1151:1
fighting [4] - 1078:6,
1078:16, 1078:19,
1079:16
figure [1] - 1167:7
figured [2] - 1190:2,
1191:5
file [1] - 1176:16
filtered [1] - 1166:13
filtering [1] - 1167:16
finally [2] - 1191:8,
1191:13
financial [1] - 1113:1
finish [2] - 1149:1,
1197:18
finished [7] 1099:10, 1110:18,
1131:15, 1132:2,
1132:4, 1151:10,
1195:4
fired [4] - 1180:18,
1187:21, 1188:4,
1194:19
First [1] - 1183:12
first [51] - 1095:2,
1116:11, 1126:4,

10

1130:11, 1130:24,
1131:15, 1132:2,
1132:4, 1132:16,
1133:1, 1134:5,
1135:14, 1143:3,
1143:7, 1148:2,
1148:3, 1148:9,
1148:21, 1152:18,
1152:21, 1159:12,
1160:10, 1162:7,
1164:13, 1167:7,
1170:21, 1172:16,
1172:17, 1172:21,
1173:3, 1175:14,
1175:15, 1175:22,
1175:23, 1176:1,
1176:3, 1176:4,
1179:23, 1182:13,
1183:4, 1183:5,
1183:8, 1183:17,
1183:20, 1184:5,
1184:9, 1188:14,
1189:15, 1190:8,
1191:23, 1192:4
fishing [1] - 1180:1
five [1] - 1127:24
flawed [1] - 1095:16
flaws [3] - 1095:19,
1095:24, 1096:17
flip [1] - 1118:10
floor [7] - 1155:2,
1160:1, 1160:10,
1184:19, 1184:22,
1184:25
Florida [1] - 1103:12
fluency [1] - 1129:3
fluent [3] - 1129:1,
1129:5, 1130:22
fluently [1] - 1129:2
focused [1] 1120:21
follow [2] - 1101:5,
1192:20
follow-up [1] 1192:20
following [2] 1079:11, 1136:9
footsteps [2] 1136:10
force [1] - 1109:20
forced [2] - 1109:1,
1115:7
forces [4] - 1084:9,
1103:18, 1117:3,
1131:10
Forces [1] - 1127:2
foreign [7] - 1127:18,
1128:5, 1129:17,
1134:1, 1146:13,
1151:25, 1152:6

form [7] - 1181:23,


1185:22, 1185:24,
1186:4, 1186:7,
1186:9, 1186:16
formal [6] - 1134:16,
1179:1, 1181:12,
1182:18, 1182:25,
1183:6
formally [7] - 1172:8,
1178:13, 1178:22,
1181:2, 1181:8,
1181:11, 1183:25
former [9] - 1080:10,
1084:8, 1084:9,
1101:8, 1101:19,
1102:23, 1113:6,
1126:6, 1127:2
fort [2] - 1144:4,
1159:12
Fort [36] - 1133:2,
1137:8, 1138:2,
1138:3, 1138:5,
1138:9, 1138:20,
1139:21, 1140:9,
1144:1, 1144:2,
1144:6, 1144:8,
1147:9, 1147:10,
1147:13, 1147:14,
1148:3, 1149:5,
1151:11, 1154:23,
1154:25, 1155:8,
1155:19, 1157:19,
1158:2, 1158:3,
1158:10, 1158:14,
1159:9, 1159:14,
1159:21, 1160:7,
1191:20, 1194:12,
1194:24
forth [1] - 1118:10
forward [1] - 1175:1
fought [1] - 1119:23
foundation [4] 1123:8, 1146:5,
1146:7, 1159:11
four [7] - 1107:3,
1127:25, 1147:18,
1155:9, 1155:12,
1185:23, 1192:7
free [1] - 1171:22
Freeborne [1] 1075:12
frequently [1] 1145:17
freshman [4] 1129:22, 1130:2,
1130:3, 1130:8
Friday [2] - 1147:16,
1192:6
friend [4] - 1171:9,
1171:15, 1191:21,

1191:23
friends [2] - 1162:14,
1162:16
front [6] - 1078:2,
1157:15, 1157:21,
1157:24, 1180:21,
1181:22
full [5] - 1077:8,
1116:11, 1125:17,
1138:13, 1148:16
fumble [1] - 1156:10
Fund [1] - 1126:19
future [2] - 1165:5,
1168:18

G
GAO [1] - 1113:16
Gardner [2] 1075:13, 1076:8
gARDNER [1] 1077:23
GARDNER [36] 1077:5, 1077:12,
1077:16, 1077:19,
1077:21, 1078:22,
1079:1, 1079:7,
1079:24, 1085:1,
1088:4, 1088:6,
1089:3, 1089:15,
1089:17, 1091:1,
1096:7, 1096:12,
1096:23, 1098:1,
1098:17, 1099:12,
1100:1, 1100:7,
1104:23, 1105:1,
1105:4, 1105:10,
1109:4, 1110:15,
1110:22, 1120:11,
1120:19, 1122:14,
1124:22, 1124:25
Gates [2] - 1108:6,
1108:25
gather [1] - 1110:5
gay [64] - 1078:5,
1079:15, 1082:25,
1085:9, 1085:19,
1092:4, 1093:23,
1115:1, 1115:12,
1116:3, 1116:6,
1120:3, 1120:6,
1121:13, 1122:9,
1123:19, 1126:21,
1126:24, 1138:2,
1138:3, 1138:8,
1138:12, 1138:16,
1139:22, 1140:7,
1140:8, 1140:10,
1140:16, 1142:12,
1143:2, 1143:4,

Case Name/number

1143:11, 1143:17,
1154:16, 1157:14,
1157:17, 1157:21,
1161:12, 1163:3,
1163:5, 1163:11,
1164:12, 1164:21,
1166:1, 1166:23,
1166:24, 1167:25,
1169:5, 1170:6,
1170:22, 1171:17,
1172:22, 1173:15,
1179:18, 1179:20,
1190:25, 1194:3,
1194:4, 1195:20,
1195:24, 1196:1,
1196:5, 1196:16
gays [14] - 1085:5,
1085:7, 1102:2,
1122:1, 1122:11,
1122:12, 1122:20,
1123:3, 1123:6,
1123:24, 1142:3,
1142:13, 1195:1,
1195:18
gender [2] - 1090:11,
1142:23
gender-based [1] 1142:23
General [15] 1081:9, 1081:12,
1082:6, 1089:21,
1089:23, 1101:16,
1110:13, 1110:19,
1113:4, 1114:16,
1114:17, 1115:3,
1115:10, 1117:22,
1117:23
general [6] 1081:22, 1081:25,
1138:15, 1139:2,
1140:5, 1177:12
generally [6] 1137:23, 1167:11,
1180:20, 1184:18,
1187:19, 1188:9
Generals [1] 1121:20
generating [1] 1146:15
generic [1] - 1090:7
Georgia [1] - 1137:8
gesture [1] - 1161:20
gestures [1] 1143:16
GI [1] - 1197:4
girl [2] - 1161:24,
1162:12
girlfriends [2] 1196:14
gist [1] - 1170:23

date

given [27] - 1094:23,


1113:14, 1114:20,
1116:18, 1117:19,
1118:23, 1119:13,
1121:11, 1121:12,
1128:13, 1133:10,
1133:11, 1133:15,
1134:18, 1140:9,
1152:6, 1152:9,
1152:24, 1153:12,
1153:13, 1153:14,
1180:6, 1180:7,
1185:8, 1186:1,
1187:6
God [1] - 1125:15
goodness [1] 1077:9
Google [3] 1109:25, 1110:5,
1110:13
Gordon [1] - 1081:12
Government [3] 1169:15, 1176:15,
1176:17
government [7] 1109:24, 1111:12,
1112:23, 1114:9,
1114:23, 1115:20,
1123:16
grad [1] - 1197:6
grade [6] - 1128:1,
1128:8, 1128:12,
1128:14, 1128:18,
1128:23
graduate [4] 1127:9, 1127:15,
1131:24, 1197:8
graduated [10] 1127:11, 1127:12,
1127:16, 1128:1,
1129:4, 1129:6,
1129:9, 1132:1,
1144:1, 1151:12
graduating [2] 1127:18, 1127:22
grammar [4] 1130:19, 1152:20,
1153:10
Grant [1] - 1075:19
granted [3] 1154:12, 1173:17,
1174:5
graphic [1] - 1139:9
great [1] - 1193:16
greater [2] - 1158:10,
1158:13
Greensboro [6] 1127:17, 1129:11,
1129:15, 1131:16,
1132:5, 1135:12

11

grew [1] - 1128:5


grid [2] - 1191:25,
1192:8
ground [1] - 1151:13
grounds [4] 1122:21, 1123:3,
1123:5, 1126:2
groundwork [1] 1135:10
group [4] - 1119:12,
1128:16, 1143:6,
1169:25
growing [1] 1132:25
grueling [1] - 1173:4
guess [5] - 1105:14,
1138:19, 1153:4,
1168:12, 1172:12
guidance [1] 1101:5
Guilford [1] 1127:16
Gulf [2] - 1117:18,
1133:1
guy [4] - 1161:14,
1163:5, 1163:17,
1172:24
gyms [1] - 1157:16

H
H-u-a-c-h-u-c-a [1] 1144:7
half [4] - 1108:8,
1108:10, 1149:9,
1181:17
hall [1] - 1184:19
halt [2] - 1154:18,
1172:19
halted [1] - 1154:18
hand [2] - 1171:13,
1178:22
handle [2] - 1167:11,
1167:18
handling [1] 1167:12
hanging [1] - 1162:6
harass [1] - 1085:10
harassment [1] 1139:18
hard [3] - 1108:22,
1113:9, 1153:14
harder [1] - 1153:9
hardest [1] - 1154:9
head [7] - 1083:5,
1143:14, 1162:19,
1163:10, 1176:3,
1188:4, 1196:15
heading [1] - 1180:1

headquartered [2] 1126:25, 1127:1


heads [2] - 1155:12,
1155:13
headset [1] - 1147:8
health [1] - 1114:1
hear [1] - 1140:22
heard [11] - 1080:16,
1081:5, 1083:17,
1086:4, 1086:16,
1122:17, 1169:10,
1169:21, 1171:6,
1174:2, 1179:22
hearing [2] 1083:25, 1119:19
hearings [12] 1083:14, 1089:9,
1091:2, 1092:22,
1101:14, 1101:23,
1102:15, 1102:20,
1117:23, 1120:18,
1121:21, 1124:13
hears [1] - 1165:7
hearsay [10] 1163:20, 1165:2,
1168:15, 1169:7,
1176:25, 1177:22,
1181:5, 1182:8,
1183:17, 1183:22
held [5] - 1101:14,
1125:8, 1133:5,
1135:24, 1178:22
help [7] - 1120:6,
1125:15, 1141:3,
1156:19, 1167:1,
1167:5, 1172:7
helped [2] - 1178:20,
1178:21
helping [1] - 1151:13
Henderson [12] 1080:7, 1080:10,
1081:1, 1089:8,
1090:6, 1090:7,
1090:18, 1090:23,
1091:3, 1091:9,
1102:23, 1121:16
Henderson's [1] 1119:6
Heritage [1] 1112:13
hide [2] - 1143:9,
1162:11
High [1] - 1127:16
high [28] - 1103:19,
1106:1, 1127:9,
1127:11, 1127:12,
1127:15, 1127:19,
1127:22, 1127:25,
1128:2, 1128:9,
1128:12, 1128:15,

1128:17, 1128:18,
1129:4, 1129:6,
1129:9, 1131:25,
1132:1, 1133:5,
1156:14, 1156:24,
1157:7, 1157:16,
1167:10, 1167:13
high-pressure [1] 1157:7
higher [1] - 1106:25
highest [1] - 1154:5
highlighted [1] 1089:18
highly [1] - 1156:4
himself [1] - 1173:9
hire [2] - 1172:8,
1172:10
hired [1] - 1172:14
Hispanic [3] 1128:22, 1129:1,
1134:6
historically [1] 1122:1
history [1] - 1078:1
hold [2] - 1122:10,
1137:23
hold-over [1] 1137:23
holdover [1] 1147:25
holiday [1] - 1147:18
home [4] - 1128:24,
1190:15, 1190:18,
1190:20
homosexual [6] 1091:25, 1138:19,
1180:3, 1180:5,
1180:6, 1182:4
homosexuality [2] 1080:25, 1187:13
homosexuals [13] 1083:10, 1086:5,
1086:17, 1091:10,
1092:15, 1092:19,
1100:25, 1101:8,
1101:18, 1101:19,
1103:3, 1103:18,
1107:17
honestly [1] 1150:17
Honor [51] - 1077:6,
1077:10, 1078:22,
1079:2, 1096:9,
1097:23, 1098:12,
1104:23, 1109:4,
1109:6, 1110:15,
1110:22, 1122:17,
1124:17, 1124:20,
1124:22, 1125:10,
1125:23, 1126:3,

Case Name/number

1126:11, 1126:14,
1131:22, 1135:20,
1138:24, 1142:24,
1146:4, 1153:22,
1155:20, 1159:24,
1163:19, 1163:25,
1165:2, 1165:4,
1168:15, 1169:6,
1169:12, 1169:23,
1173:14, 1176:19,
1176:23, 1177:16,
1177:22, 1179:10,
1179:11, 1181:4,
1182:6, 1183:16,
1186:20, 1190:7,
1195:3, 1195:4
honorable [3] 1136:1, 1187:6,
1187:7
hoped [3] - 1170:9,
1170:11, 1170:12
hotel [1] - 1133:25
hour [1] - 1083:2
hours [1] - 1083:2
house [1] - 1190:21
housed [1] - 1184:18
Huachuca [23] 1144:2, 1144:6,
1144:8, 1147:9,
1147:10, 1147:13,
1147:14, 1148:3,
1149:6, 1151:11,
1151:12, 1158:2,
1158:3, 1158:14,
1159:9, 1159:14,
1159:21, 1160:7,
1161:25, 1191:20,
1194:12, 1194:25
Human [2] - 1080:13,
1115:8
human [24] - 1144:2,
1144:9, 1144:17,
1144:23, 1144:25,
1145:2, 1145:4,
1145:6, 1145:11,
1145:13, 1145:19,
1145:23, 1146:18,
1146:19, 1147:12,
1148:1, 1148:5,
1148:18, 1149:7,
1149:11, 1149:20,
1150:11, 1150:16,
1151:5
hung [1] - 1143:14
hush [1] - 1141:19

I
idea [1] - 1082:18
identification [1] -

date

1178:4
identities [1] 1107:19
ignored [1] - 1117:15
III [8] - 1076:12,
1111:3, 1118:4,
1125:19, 1125:21,
1175:4, 1185:14,
1190:16
illustrate [1] 1156:23
immediately [2] 1151:16, 1164:14
immutable [2] 1140:10, 1140:12
impact [18] 1080:25, 1083:10,
1086:5, 1086:17,
1091:9, 1106:15,
1113:1, 1114:24,
1116:1, 1121:14,
1150:20, 1165:12,
1193:18, 1193:22,
1193:24, 1194:12,
1196:3, 1196:7
impeachment [2] 1100:5, 1105:2
impending [1] 1176:7
implement [1] 1101:4
implicitly [1] 1140:15
important [4] 1094:23, 1135:8,
1174:8, 1174:25
impression [4] 1140:13, 1147:1,
1163:16, 1196:5
improper [3] 1100:5, 1105:2,
1153:23
inadvertently [1] 1191:10
incident [1] - 1164:3
included [2] 1128:25, 1176:16
includes [1] - 1194:2
including [8] 1084:8, 1085:18,
1087:5, 1087:18,
1103:8, 1139:18,
1144:20, 1155:9
income [2] 1189:11, 1192:12
incorporated [1] 1112:7
increased [2] 1104:5, 1105:12
independent [1] -

12

1099:13
indicate [2] - 1187:5,
1187:12
indication [2] 1104:16, 1108:9
indications [1] 1108:24
individual [6] 1138:15, 1142:9,
1155:9, 1158:7,
1158:17, 1173:20
individuals [4] 1085:12, 1091:17,
1171:1, 1171:25
indoors [1] - 1183:3
induced [4] - 1143:9,
1143:13, 1188:2,
1188:10
inevitable [1] 1178:19
inevitably [1] 1188:4
infancy [1] - 1151:14
information [24] 1110:5, 1112:24,
1145:6, 1164:15,
1164:17, 1164:25,
1165:21, 1165:24,
1166:12, 1166:16,
1166:24, 1167:6,
1167:16, 1167:19,
1168:9, 1170:10,
1170:15, 1170:21,
1173:19, 1178:17,
1178:18, 1187:3,
1187:11, 1194:3
informed [1] 1182:5
initial [4] - 1093:14,
1100:19, 1136:21,
1184:12
initiating [2] 1181:20, 1182:2
inquire [2] - 1126:13,
1173:6
inquiry [1] - 1176:4
inserting [1] - 1173:9
installed [1] - 1159:1
instead [2] 1131:19, 1170:14
instill [1] - 1141:4
Institute [8] 1080:11, 1080:22,
1102:24, 1102:25,
1112:14, 1151:3,
1151:9, 1151:23
Institution [1] 1103:9
instructor [1] 1133:1

instructors [1] 1141:14


integrating [1] 1109:14
Intelligence [1] 1147:12
intelligence [29] 1123:9, 1144:2,
1144:9, 1144:15,
1144:17, 1144:21,
1144:23, 1144:25,
1145:2, 1145:4,
1145:11, 1145:13,
1145:19, 1145:23,
1146:14, 1146:18,
1146:19, 1147:11,
1147:13, 1148:1,
1148:5, 1148:19,
1149:8, 1149:11,
1149:20, 1150:12,
1150:16, 1151:5,
1193:25
intended [1] 1100:24
intensity [2] 1156:14, 1156:25
intent [3] - 1085:13,
1085:24, 1176:2
intentionally [1] 1161:17
interact [1] - 1174:22
interest [1] - 1128:5
interested [2] 1128:4, 1144:16
interesting [4] 1090:9, 1133:12,
1133:16, 1144:19
interim [1] - 1184:15
intermediate [1] 1153:13
internalize [1] 1190:5
international [1] 1197:13
International [1] 1103:12
interpretation [1] 1095:13
interrogate [4] 1170:22, 1172:21,
1173:11, 1188:8
interrogated [3] 1145:16, 1173:3,
1179:23
interrogation [3] 1148:10, 1148:14,
1176:7
interrogations [2] 1145:5, 1147:6
interrogator [6] -

1144:18, 1145:4,
1146:21, 1146:23,
1148:14, 1148:17
interrogators [4] 1145:19, 1145:21,
1145:22, 1147:3
intriguing [1] 1150:10
introduction [1] 1139:17
introductory [1] 1130:21
investigated [1] 1171:23
investigating [1] 1150:8
investigation [3] 1174:8, 1174:25,
1175:1
invite [2] - 1112:9,
1112:13
involved [3] 1095:4, 1146:12,
1150:7
Iraq [7] - 1078:16,
1105:25, 1116:2,
1119:23, 1119:24,
1120:5, 1121:13
irrational [1] 1100:10
irrelevant [2] 1126:8, 1139:1
isolated [1] 1184:22
Israelis [1] - 1116:18
issue [28] - 1078:4,
1079:14, 1080:1,
1080:4, 1080:7,
1080:17, 1081:6,
1081:10, 1082:13,
1082:16, 1083:15,
1083:18, 1085:3,
1087:10, 1089:24,
1090:19, 1091:24,
1101:21, 1102:2,
1102:19, 1112:11,
1120:10, 1123:17,
1157:18, 1157:25,
1184:5, 1184:9,
1193:12
issues [9] - 1090:18,
1092:2, 1092:6,
1092:8, 1092:11,
1113:23, 1126:23,
1142:3, 1176:24
Italian [10] - 1129:21,
1130:2, 1130:10,
1130:13, 1130:14,
1130:16, 1130:21,
1130:23, 1134:16,

Case Name/number

1134:19
itself [4] - 1084:2,
1138:16, 1140:18,
1194:17

J
January [2] 1161:11, 1184:10
job [12] - 1083:2,
1131:8, 1133:20,
1144:14, 1144:19,
1146:11, 1146:19,
1146:25, 1149:5,
1149:19, 1150:14,
1151:16
jobs [4] - 1145:23,
1149:8, 1149:10,
1152:10
John [5] - 1123:13,
1125:3, 1125:11,
1125:19, 1190:16
JOHN [2] - 1076:12,
1125:20
join [2] - 1132:18,
1136:14
joined [4] - 1158:20,
1163:6, 1168:10,
1188:22
joining [2] - 1127:9,
1135:19
Joint [1] - 1110:20
joint [5] - 1077:25,
1085:2, 1089:15,
1101:12, 1102:13
Jonathan [1] 1123:14
Joshua [1] - 1075:13
journals [1] 1111:21
Jr [2] - 1094:7,
1095:15
judgment [1] 1086:2
Judith [1] - 1103:11
July [1] - 1077:1
jumbled [1] 1152:17
June [4] - 1102:15,
1111:5, 1112:16,
1135:14
Junior [1] - 1190:17
juniors [1] - 1130:6
justice [2] - 1180:4,
1193:13
JUSTICE [1] 1075:11
JX-3 [4] - 1082:3,
1082:4, 1082:19,

date

1084:5
JX-344 [1] - 1088:4

K
Kahn [1] - 1075:6
keep [6] - 1118:10,
1138:4, 1170:13,
1183:9, 1183:13,
1196:2
keeping [1] 1165:17
keeps [1] - 1098:12
Kendall [1] - 1134:6
Kennedy [1] - 1084:3
key [1] - 1089:25
kicked [5] - 1166:14,
1180:18, 1189:20,
1193:14, 1193:15
kid [1] - 1180:14
kind [12] - 1142:20,
1142:22, 1147:22,
1150:24, 1153:4,
1162:2, 1162:6,
1162:10, 1162:18,
1167:2, 1167:3,
1169:25
kinds [1] - 1146:23
knowing [8] 1117:22, 1163:1,
1180:3, 1180:12,
1188:9, 1188:24,
1188:25, 1189:12
knowledge [2] 1122:3, 1122:5
known [3] - 1137:10,
1144:18, 1194:17
KORB [1] - 1076:7
Korb [33] - 1077:24,
1078:3, 1079:8,
1084:10, 1086:1,
1086:13, 1086:16,
1086:21, 1091:2,
1091:8, 1091:15,
1091:19, 1095:5,
1095:22, 1096:13,
1098:2, 1100:8,
1100:12, 1100:19,
1101:13, 1101:22,
1102:1, 1102:18,
1103:5, 1103:9,
1103:16, 1103:23,
1105:5, 1105:11,
1107:13, 1109:9,
1122:12, 1123:2
Korean [1] - 1154:8

13

L
lack [2] - 1146:4,
1159:11
lacked [1] - 1094:17
laid [2] - 1135:10,
1161:22
language [30] 1127:21, 1128:4,
1129:5, 1129:7,
1130:14, 1130:17,
1130:18, 1130:23,
1134:10, 1134:18,
1134:22, 1139:19,
1145:13, 1145:20,
1147:4, 1151:4,
1151:25, 1152:6,
1152:8, 1152:16,
1152:20, 1152:22,
1152:23, 1153:5,
1153:13, 1153:14,
1161:20, 1168:9,
1197:15
Language [7] 1151:3, 1151:9,
1151:23, 1152:5,
1152:9, 1152:11,
1152:13
language's [2] 1153:9, 1153:10
languages [9] 1127:18, 1128:6,
1129:17, 1129:20,
1134:1, 1146:13,
1151:21, 1154:7,
1154:9
large [3] - 1155:1,
1155:3, 1160:3
largest [2] - 1120:2,
1126:21
Larry [1] - 1123:15
last [8] - 1077:16,
1084:6, 1118:24,
1125:20, 1137:13,
1148:6, 1160:16,
1187:23
Latin [1] - 1133:11
law [2] - 1110:14,
1127:8
Lawrence [2] 1084:10, 1103:9
LAWRENCE [1] 1076:7
lawyer [2] - 1175:25,
1177:3
lawyer's [2] - 1177:4,
1177:8
lay [1] - 1146:7
lead [2] - 1193:2

leader [1] - 1141:18


leaders [3] - 1081:6,
1083:9, 1141:14
leadership [1] 1141:25
leading [1] - 1120:11
leak [2] - 1164:25,
1166:16
leaked [1] - 1166:12
learn [6] - 1127:23,
1129:7, 1134:10,
1146:10, 1151:21,
1190:11
learned [7] 1127:18, 1127:22,
1130:15, 1134:14,
1134:16, 1161:15,
1190:12
learning [8] 1134:12, 1134:15,
1134:21, 1151:4,
1152:6, 1154:7,
1156:21, 1172:21
least [8] - 1108:8,
1122:6, 1140:20,
1145:16, 1147:19,
1158:9, 1158:10,
1180:5
leave [1] - 1139:5
leaving [2] - 1183:4,
1183:8
left [4] - 1138:5,
1162:2, 1178:16,
1191:20
Legal [1] - 1171:20
legal [3] - 1171:22,
1172:11, 1180:15
legislative [1] 1078:1
legitimate [2] 1087:13, 1087:19
lesbian [7] - 1085:9,
1085:19, 1093:23,
1126:21, 1140:8,
1167:25, 1195:20
lesbians [4] 1085:5, 1085:7,
1142:3, 1195:18
less [8] - 1106:4,
1106:16, 1117:7,
1118:24, 1119:1,
1119:2, 1141:10,
1192:24
letter [24] - 1094:7,
1094:10, 1094:15,
1095:15, 1095:17,
1097:2, 1161:13,
1161:17, 1161:21,
1161:24, 1162:19,
1163:9, 1164:23,

1172:18, 1173:8,
1175:15, 1176:9,
1176:11, 1177:3,
1178:11, 1178:25,
1179:6, 1182:3,
1188:20
letters [2] - 1180:21,
1180:24
level [12] - 1129:3,
1129:22, 1129:24,
1129:25, 1130:1,
1130:4, 1135:25,
1142:8, 1158:11,
1158:13, 1161:18
library [1] - 1110:6
lie [2] - 1106:8,
1196:13
Lieutenant [1] 1082:6
life [9] - 1133:3,
1168:2, 1168:5,
1179:25, 1187:18,
1188:8, 1188:21,
1192:11, 1192:13
lift [1] - 1100:25
lifting [2] - 1101:8,
1102:17
light [6] - 1120:8,
1121:7, 1146:23,
1160:14, 1161:10,
1177:9
likely [2] - 1102:17,
1116:14
limine [1] - 1125:25
limited [5] - 1163:23,
1168:17, 1170:22,
1177:11, 1177:14
Line [3] - 1079:8,
1096:14, 1098:3
line [5] - 1104:25,
1155:24, 1155:25,
1156:1, 1176:4
lines [4] - 1163:12,
1163:15, 1169:2,
1182:1
Lines [11] - 1078:23,
1079:1, 1086:11,
1086:13, 1096:4,
1096:7, 1097:21,
1100:3, 1104:24,
1105:1, 1111:18
lingo [1] - 1185:23
linguist [9] 1144:21, 1145:25,
1146:1, 1146:2,
1146:10, 1146:17,
1150:14, 1150:15,
1152:20
linguist's [1] 1146:11

Case Name/number

linguistic [3] 1130:17, 1152:16,


1154:6
linguists [3] 1145:20, 1147:1,
1147:4
listen [2] - 1095:22,
1147:8
listened [1] - 1147:2
listening [2] 1146:12, 1153:2
literally [9] 1152:23, 1156:10,
1156:15, 1183:13,
1189:8, 1189:16,
1191:23, 1191:25,
1192:3
Litigation [2] 1075:18, 1075:19
live [4] - 1083:7,
1131:19, 1133:13,
1189:10
lived [8] - 1091:2,
1128:22, 1133:22,
1134:5, 1134:13,
1134:24, 1193:5,
1196:9
lives [1] - 1195:20
living [15] - 1085:11,
1085:22, 1087:1,
1087:3, 1089:5,
1090:16, 1090:22,
1106:8, 1134:2,
1134:10, 1160:18,
1160:20, 1160:23,
1168:2, 1168:5
located [3] 1147:12, 1149:17,
1175:5
lock [1] - 1159:7
locked [1] - 1159:3
locker [1] - 1157:16
lodged [1] - 1077:19
look [23] - 1082:19,
1084:5, 1085:2,
1088:2, 1097:21,
1101:3, 1101:11,
1104:14, 1106:18,
1107:2, 1107:25,
1110:6, 1110:8,
1111:9, 1120:5,
1121:15, 1123:9,
1123:17, 1171:11,
1175:7, 1178:7,
1185:7, 1185:9
looked [2] - 1113:4,
1113:5
looking [8] 1086:25, 1087:10,
1096:2, 1101:7,

date

1114:3, 1146:13,
1162:24, 1180:9
looks [1] - 1082:14
Los [1] - 1075:7
lose [1] - 1113:11
low [1] - 1167:14
lower [3] - 1106:1,
1129:24, 1129:25
lower-level [2] 1129:24, 1129:25
luckily [2] - 1173:7,
1191:20
lucky [1] - 1083:4
Lynne [1] - 1123:14

M
M-e-p-s [1] - 1136:25
made-up [7] 1152:16, 1152:23,
1153:10, 1153:12,
1153:13, 1153:14
mail [1] - 1191:10
mailed [3] - 1172:2,
1190:14, 1190:19
maintaining [1] 1116:13
maintenance [1] 1114:2
Major [1] - 1075:19
major [2] - 1090:23,
1180:25
majority [5] 1084:18, 1086:3,
1094:3, 1103:21,
1134:7
majors [1] - 1130:7
male [8] - 1089:10,
1138:5, 1141:9,
1141:12, 1141:13,
1157:21, 1160:12,
1161:4
males [1] - 1088:24
man [4] - 1113:12,
1113:15, 1123:14,
1134:13
managing [1] 1113:21
manner [3] 1134:15, 1138:15,
1156:22
mannerisms [2] 1143:16, 1196:10
Manpower [3] 1095:2, 1095:3,
1095:21
march [2] - 1141:6,
1181:16
March [3] - 1084:10,

14

1102:15, 1184:3
marches [1] - 1141:8
marching [1] 1141:5
Marine [2] - 1132:14,
1132:18
marked [3] - 1175:3,
1178:4, 1185:12
Marlowe [11] 1080:17, 1080:21,
1081:1, 1089:8,
1090:2, 1091:4,
1091:8, 1102:24,
1106:8, 1119:17,
1121:16
Marlowe's [1] 1119:19
Maryland [1] 1103:10
Massachusetts [1] 1075:14
Master [2] - 1082:15,
1082:20
materials [1] 1176:14
matter [7] - 1093:14,
1100:19, 1102:5,
1119:14, 1150:1,
1172:9, 1197:19
McCain [1] - 1093:11
meal [1] - 1162:3
mean [93] - 1084:18,
1088:1, 1097:8,
1098:12, 1099:18,
1099:21, 1114:15,
1115:11, 1117:12,
1118:15, 1119:1,
1134:4, 1140:16,
1142:8, 1143:5,
1143:10, 1143:12,
1143:13, 1143:17,
1145:15, 1146:20,
1147:1, 1148:20,
1150:22, 1153:16,
1153:19, 1155:25,
1156:9, 1156:16,
1156:17, 1156:20,
1156:21, 1157:6,
1157:7, 1157:8,
1157:10, 1157:11,
1157:12, 1157:16,
1157:17, 1158:4,
1159:6, 1159:22,
1163:3, 1163:4,
1165:14, 1165:23,
1166:6, 1166:25,
1167:6, 1168:3,
1168:21, 1168:25,
1171:11, 1171:13,
1173:10, 1174:11,

1174:12, 1174:14,
1174:17, 1174:19,
1176:2, 1176:11,
1176:12, 1180:6,
1180:8, 1180:11,
1180:18, 1181:11,
1181:12, 1182:25,
1183:11, 1187:3,
1187:11, 1187:19,
1188:9, 1188:18,
1188:23, 1189:2,
1189:15, 1189:19,
1189:23, 1190:4,
1190:5, 1191:24,
1191:25, 1192:18,
1193:8, 1194:21,
1195:16, 1196:3
meant [4] - 1111:18,
1136:8, 1143:21,
1167:24
meeting [1] 1182:17
member [2] 1084:18, 1127:2
members [3] 1084:1, 1084:9,
1101:19
men [20] - 1078:5,
1079:15, 1082:25,
1087:14, 1087:16,
1087:20, 1087:24,
1089:4, 1090:11,
1090:16, 1115:1,
1116:2, 1119:12,
1122:2, 1157:4,
1157:14, 1157:25,
1159:23, 1160:2,
1160:8
men's [2] - 1087:22,
1159:22
mental [1] - 1104:14
mentioned [12] 1091:19, 1092:25,
1100:16, 1112:17,
1117:16, 1121:11,
1122:6, 1122:7,
1123:11, 1146:1,
1161:14, 1194:9
MEPS [9] - 1136:25,
1137:1, 1137:4,
1137:7, 1137:8,
1144:10, 1146:12,
1149:4, 1152:3
met [5] - 1132:12,
1132:14, 1149:18,
1162:12, 1184:5
methodology [1] 1099:22
Miami [12] - 1131:8,
1131:16, 1131:18,

1133:9, 1133:12,
1133:18, 1134:2,
1134:5, 1134:11,
1134:24, 1135:5,
1161:15
mid [1] - 1184:10
mid-'80s [1] 1123:12
mid-2000s [1] 1105:12
mid-January [1] 1184:10
middle [5] - 1113:8,
1113:18, 1125:20,
1128:13, 1173:9
midpoint [1] - 1188:6
might [10] - 1142:12,
1142:13, 1153:5,
1166:12, 1167:3,
1180:9, 1183:2,
1196:12, 1196:15
militaries [1] 1116:21
Military [3] 1080:22, 1081:25,
1102:25
military [80] 1078:14, 1078:15,
1081:6, 1082:25,
1083:8, 1085:4,
1085:6, 1085:11,
1085:17, 1085:18,
1085:21, 1085:22,
1086:5, 1086:17,
1086:21, 1088:9,
1090:13, 1092:5,
1094:17, 1101:1,
1101:9, 1101:16,
1101:19, 1102:2,
1102:16, 1104:6,
1104:8, 1105:23,
1106:5, 1106:12,
1106:15, 1107:18,
1113:1, 1113:25,
1114:24, 1115:5,
1116:24, 1122:4,
1122:11, 1123:7,
1123:25, 1126:24,
1132:25, 1135:24,
1136:11, 1136:18,
1136:19, 1136:23,
1144:10, 1144:13,
1144:14, 1145:23,
1152:2, 1152:4,
1152:7, 1163:6,
1167:11, 1167:23,
1167:24, 1168:10,
1179:25, 1180:4,
1180:8, 1180:15,
1181:24, 1186:2,

Case Name/number

1187:7, 1187:21,
1188:21, 1188:22,
1190:12, 1192:19,
1193:8, 1193:14,
1193:15, 1194:18,
1194:20, 1195:1,
1196:23
Miller [1] - 1075:5
million [1] - 1113:11
mind [13] - 1100:9,
1100:11, 1110:14,
1110:21, 1114:14,
1114:17, 1115:11,
1138:4, 1141:2,
1142:11, 1180:16,
1187:14
mindset [1] 1150:23
mine [4] - 1077:14,
1077:18, 1158:16,
1191:21
minimal [1] 1116:15
minimum [1] 1192:23
minor [1] - 1197:16
minorities [5] 1140:21, 1140:24,
1141:23, 1142:1,
1143:6
minute [3] - 1153:20,
1162:17, 1168:12
minutes [5] - 1125:6,
1132:17, 1156:6,
1162:9, 1197:25
miss [1] - 1112:4
misspoke [2] 1124:3, 1178:5
mix [1] - 1153:11
mixed [1] - 1090:11
mode [2] - 1165:13,
1165:22
modules [3] 1148:23, 1149:12,
1149:13
moment [8] - 1079:2,
1124:16, 1137:25,
1162:19, 1162:23,
1171:8, 1175:7,
1178:7
moments [1] 1195:21
Monday [1] 1147:19
monograph [3] 1111:5, 1111:14,
1112:16
month [3] - 1184:15,
1187:15, 1191:15
months [4] - 1083:3,

date

1184:7, 1188:23,
1190:6
moral [11] - 1088:21,
1103:25, 1104:3,
1104:5, 1105:17,
1105:24, 1106:20,
1106:24, 1107:7,
1107:10, 1107:11
morale [4] - 1103:19,
1115:21, 1117:11,
1121:14
morning [1] 1111:20
MOS [1] - 1144:13
MOS's [1] - 1152:7
Moskos [2] - 1103:1,
1114:14
most [15] - 1082:24,
1107:21, 1116:4,
1129:24, 1136:11,
1144:23, 1147:10,
1158:15, 1158:18,
1158:19, 1162:3,
1164:13, 1193:10,
1194:4, 1194:7
mostly [2] - 1130:6,
1184:25
mother [3] - 1128:25,
1136:12, 1191:2
motion [8] - 1125:25,
1173:17, 1174:5,
1181:4, 1181:6,
1182:9, 1183:18,
1190:9
motivational [1] 1141:17
mouth [3] - 1183:10,
1183:14, 1189:16
move [18] - 1131:18,
1133:9, 1134:25,
1135:4, 1154:1,
1158:11, 1160:15,
1163:19, 1165:2,
1173:14, 1176:18,
1179:9, 1182:6,
1183:16, 1186:19,
1189:8, 1190:7,
1197:3
moved [8] - 1131:8,
1131:16, 1133:14,
1134:5, 1149:25,
1174:4, 1191:22
moving [1] - 1116:1
MR [130] - 1077:5,
1077:12, 1077:16,
1077:19, 1077:21,
1077:23, 1078:22,
1079:1, 1079:2,
1079:4, 1079:7,
1079:24, 1085:1,

15

1088:4, 1088:6,
1089:3, 1089:15,
1089:17, 1091:1,
1096:6, 1096:7,
1096:9, 1096:12,
1096:23, 1097:23,
1098:1, 1098:17,
1099:12, 1100:1,
1100:5, 1100:7,
1104:23, 1105:1,
1105:2, 1105:4,
1105:8, 1105:10,
1109:4, 1109:6,
1109:8, 1110:15,
1110:17, 1110:22,
1111:1, 1120:11,
1120:16, 1120:19,
1120:21, 1121:4,
1121:18, 1122:14,
1122:17, 1123:1,
1124:11, 1124:16,
1124:22, 1124:25,
1125:3, 1125:10,
1125:23, 1126:3,
1126:11, 1126:14,
1126:16, 1131:22,
1131:23, 1135:20,
1136:6, 1138:24,
1139:8, 1142:24,
1143:1, 1146:4,
1146:8, 1153:22,
1154:11, 1155:20,
1157:2, 1159:11,
1159:14, 1159:19,
1159:23, 1160:6,
1161:9, 1163:19,
1163:21, 1163:25,
1164:2, 1164:7,
1165:2, 1165:4,
1165:11, 1168:15,
1169:4, 1169:6,
1169:11, 1169:22,
1170:8, 1173:14,
1173:18, 1174:6,
1174:7, 1176:18,
1176:22, 1177:1,
1177:16, 1177:18,
1177:22, 1178:2,
1179:9, 1179:11,
1179:17, 1181:4,
1181:7, 1182:6,
1182:10, 1183:16,
1183:19, 1183:22,
1183:24, 1186:19,
1186:21, 1187:1,
1190:7, 1190:10,
1195:3, 1195:4,
1195:6, 1196:21,
1197:25
multicultural [1] 1133:15

multilingual [1] 1133:12


multipage [1] 1161:13
Mundy [1] - 1117:23
must [1] - 1190:19

N
name [8] - 1125:17,
1125:20, 1137:21,
1137:24, 1144:4,
1156:15, 1190:16
named [1] - 1164:22
narrative [1] - 1195:6
narrow [1] - 1095:12
nation [1] - 1120:6
nations [1] - 1116:6
native [3] - 1129:1,
1145:16, 1161:20
naturally [1] - 1141:9
nature [10] 1131:14, 1137:6,
1138:19, 1139:9,
1141:6, 1141:18,
1145:8, 1153:7,
1154:8, 1164:18
Navy [6] - 1082:21,
1086:25, 1087:9,
1117:15, 1117:17,
1123:14
nearby [1] - 1111:3
nearly [1] - 1133:3
necessarily [1] 1169:19
need [12] - 1079:2,
1095:22, 1099:9,
1106:22, 1106:25,
1107:8, 1107:11,
1109:21, 1154:1,
1164:17, 1164:24,
1167:1
needed [3] 1162:10, 1166:1,
1166:16
negative [2] 1090:14, 1118:22
negatively [1] 1083:10
Network [1] 1171:21
never [8] - 1099:13,
1133:13, 1142:11,
1148:25, 1174:20,
1174:21, 1174:22,
1193:22
new [13] - 1133:14,
1135:10, 1136:20,
1137:15, 1137:16,

1152:6, 1152:19,
1152:20, 1164:12,
1174:19
next [15] - 1085:2,
1116:23, 1125:2,
1125:9, 1143:25,
1154:14, 1157:10,
1163:24, 1164:8,
1173:21, 1180:25,
1187:24, 1188:25,
1189:12, 1192:25
nice [1] - 1161:19
NICHOLSON [2] 1076:12, 1125:21
Nicholson [9] 1125:4, 1125:11,
1125:19, 1126:6,
1126:17, 1131:24,
1177:19, 1178:7,
1190:16
Nicholson's [1] 1177:9
nine [2] - 1137:14,
1137:19
nine-week [1] 1137:19
nobody [2] 1165:16, 1168:5
non [4] - 1157:18,
1157:25, 1168:20,
1169:2
non-issue [2] 1157:18, 1157:25
non-reaction [2] 1168:20, 1169:2
none [1] - 1115:8
nonissue [1] 1194:7
nonreliance [1] 1114:10
nonresponsive [3] 1110:15, 1110:23,
1195:7
normally [1] 1141:15
Norman [2] - 1081:9,
1101:17
north [1] - 1191:22
North [12] - 1127:17,
1129:10, 1129:14,
1129:18, 1130:11,
1130:25, 1132:3,
1132:4, 1132:8,
1135:12, 1136:20,
1137:2
Northwestern [1] 1103:2
note [1] - 1090:9
notebooks [1] 1175:3

Case Name/number

noted [2] - 1085:6,


1095:15
nothing [2] 1124:17, 1125:14
notice [3] - 1193:18,
1193:24, 1194:11
noticed [2] 1162:24, 1163:4
nowhere [1] - 1083:6
nuclear [1] - 1115:6
number [19] 1104:15, 1105:11,
1105:17, 1105:19,
1106:3, 1106:7,
1106:9, 1107:13,
1109:1, 1133:10,
1136:21, 1137:4,
1139:16, 1185:23,
1190:24, 1191:17,
1193:17, 1194:4
NW [1] - 1075:14

O
object [1] - 1176:22
objection [37] 1078:24, 1079:4,
1096:8, 1097:23,
1100:4, 1100:6,
1105:2, 1105:8,
1110:15, 1110:22,
1120:11, 1120:14,
1121:1, 1122:14,
1125:24, 1126:10,
1135:20, 1138:24,
1139:3, 1146:4,
1153:22, 1153:24,
1155:20, 1159:11,
1168:15, 1169:7,
1169:9, 1170:4,
1176:20, 1176:21,
1177:22, 1179:11,
1179:14, 1183:22,
1183:23, 1186:21,
1186:22
objection's [1] 1159:15
obligation [1] 1132:20
obtained [2] 1172:10, 1177:25
obviously [6] 1113:23, 1139:17,
1156:17, 1174:20,
1193:20, 1194:3
occupation [4] 1126:17, 1136:5,
1146:1, 1150:6
occupational [2] 1144:13, 1152:8

date

occurring [1] 1177:2


OF [1] - 1075:11
offended [1] - 1143:5
offensive [3] 1140:7, 1143:4,
1143:7
offer [2] - 1165:7,
1169:11
offered [2] - 1151:17,
1165:5
office [8] - 1132:19,
1142:10, 1181:2,
1181:15, 1181:16,
1182:24, 1183:5,
1183:8
Office [1] - 1113:5
officer [2] - 1132:16,
1132:22
officers [1] - 1109:22
officially [2] 1148:2, 1152:3
officials [1] 1101:16
often [3] - 1141:6,
1145:16, 1150:9
old [9] - 1127:11,
1127:12, 1130:5,
1132:6, 1135:17,
1146:20, 1165:14,
1180:11, 1193:9
olds [1] - 1193:11
omissions [6] 1097:3, 1097:7,
1097:8, 1097:10,
1097:14, 1098:5
once [4] - 1082:19,
1130:15, 1158:16,
1158:18
one [54] - 1080:20,
1085:17, 1086:25,
1088:25, 1089:4,
1089:19, 1092:3,
1097:17, 1104:14,
1104:16, 1104:18,
1107:17, 1112:17,
1124:16, 1128:22,
1133:19, 1138:25,
1141:2, 1141:8,
1142:9, 1142:20,
1144:17, 1145:20,
1148:23, 1150:22,
1151:4, 1152:1,
1152:2, 1155:2,
1156:6, 1158:16,
1158:24, 1159:1,
1160:9, 1160:11,
1160:12, 1160:17,
1160:22, 1161:2,
1162:14, 1172:3,

16

1172:23, 1174:1,
1175:14, 1178:23,
1184:24, 1184:25,
1185:9, 1187:17,
1189:25, 1190:24,
1197:2
One [1] - 1082:24
one's [2] - 1159:3,
1159:6
ones [2] - 1107:25,
1151:11
ongoing [1] 1196:20
oOo [1] - 1077:2
open [15] - 1080:25,
1083:10, 1086:5,
1086:16, 1091:10,
1100:9, 1100:11,
1103:17, 1112:8,
1154:25, 1155:4,
1155:18, 1194:22,
1195:22, 1196:4
opened [7] 1151:22, 1155:11,
1181:16, 1189:6,
1190:22, 1191:10
opening [2] 1109:14, 1155:14
openly [10] - 1078:5,
1079:15, 1082:25,
1092:3, 1093:23,
1115:12, 1116:3,
1116:6, 1120:3,
1120:6
operations [8] 1114:2, 1116:21,
1145:10, 1145:17,
1147:7, 1148:11,
1149:15, 1150:11
opinion [9] 1097:15, 1097:19,
1100:10, 1101:15,
1102:16, 1102:19,
1104:5, 1122:11,
1140:12
opinions [6] 1091:16, 1101:21,
1102:2, 1102:4,
1102:6, 1102:9
opportunities [3] 1109:15, 1128:9,
1151:21
opportunity [6] 1110:8, 1111:15,
1128:7, 1128:20,
1128:24, 1134:12
opposing [1] 1100:2
opt [2] - 1146:17
option [3] - 1135:3,

1151:8, 1151:22
options [4] - 1135:1,
1144:14, 1144:17,
1178:16
order [6] - 1100:24,
1101:4, 1103:19,
1141:3, 1183:20,
1197:5
ordered [3] 1179:15, 1185:8,
1186:23
ordering [3] 1183:9, 1183:13,
1189:16
organization [2] 1126:21, 1126:23
orientation [16] 1129:24, 1142:23,
1143:12, 1160:14,
1161:10, 1162:21,
1164:10, 1173:12,
1178:13, 1179:24,
1193:19, 1193:22,
1194:1, 1194:13,
1194:25, 1195:17
orientation-based
[1] - 1142:23
original [2] - 1179:5,
1186:13
otherwise [1] 1099:10
outed [7] - 1107:21,
1154:15, 1161:11,
1164:15, 1180:17,
1187:21, 1188:19
outing [1] - 1154:19
outings [2] - 1108:5,
1108:7
outside [4] 1128:21, 1170:14,
1173:5, 1181:14
overall [2] - 1143:23,
1194:11
overcome [1] 1084:11
overjoyed [2] 1136:4, 1136:9
overrule [1] - 1139:3
overruled [12] 1110:16, 1110:24,
1121:1, 1135:21,
1153:24, 1155:21,
1159:15, 1168:16,
1177:23, 1179:14,
1183:23, 1186:22
overwhelmed [1] 1135:23
overwhelming [1] 1136:12
own [11] - 1098:23,

1099:24, 1109:12,
1109:13, 1113:21,
1113:24, 1116:24,
1149:12, 1149:13,
1156:15

P
P.M [1] - 1077:1
page [15] - 1077:14,
1077:16, 1078:25,
1085:2, 1089:19,
1096:6, 1102:22,
1104:25, 1110:3,
1111:16, 1116:12,
1175:14, 1175:17,
1175:22, 1175:23
Page [26] - 1076:2,
1078:3, 1078:23,
1079:1, 1079:9,
1082:5, 1084:5,
1085:16, 1086:10,
1089:16, 1096:4,
1096:13, 1097:21,
1098:2, 1100:2,
1104:24, 1105:1,
1109:23, 1111:9,
1111:19, 1112:20,
1114:6, 1115:17,
1116:8, 1118:12
pages [4] - 1077:9,
1077:13, 1175:11,
1175:13
pain [1] - 1193:17
panel [2] - 1080:6,
1080:19
panelists [1] 1119:4
panic [7] - 1165:13,
1165:22, 1166:8,
1171:8, 1188:2,
1194:6
panicking [1] 1163:2
paper [1] - 1191:12
papers [2] - 1162:10,
1162:24
paperwork [5] 1150:1, 1190:14,
1190:20, 1190:23
paragraph [6] 1082:11, 1084:6,
1116:23, 1118:12,
1118:14, 1118:16
paraphrasing [1] 1182:1
pardon [1] - 1080:2
parent's [1] 1190:21

Case Name/number

parents [1] - 1189:4


Parker [1] - 1075:13
part [12] - 1113:24,
1150:25, 1153:3,
1164:13, 1176:14,
1177:5, 1178:24,
1178:25, 1183:6,
1184:21, 1185:2,
1189:17
partial [1] - 1197:4
particular [6] 1105:25, 1126:7,
1133:16, 1137:10,
1143:6, 1160:24
particularly [3] 1117:14, 1126:5,
1145:7
partitioned [1] 1155:13
party [7] - 1108:4,
1108:7, 1108:14,
1108:21, 1108:23,
1169:12, 1170:1
passed [1] - 1110:21
past [1] - 1117:3
patently [1] - 1143:3
path [2] - 1136:1,
1136:5
Patrick [1] - 1075:19
paul [1] - 1075:12
pause [1] - 1079:3
peer [4] - 1099:2,
1099:8, 1111:13,
1111:21
peer-review [1] 1111:13
peer-reviewed [1] 1111:21
peers [2] - 1111:24,
1189:23
pending [3] 1098:10, 1125:13,
1170:5
Pentagon [3] 1093:16, 1113:22,
1116:25
Pentagon's [1] 1104:3
people [80] 1083:12, 1083:13,
1083:14, 1088:18,
1092:4, 1093:22,
1093:23, 1095:8,
1099:3, 1106:7,
1107:2, 1107:21,
1108:22, 1109:1,
1109:19, 1109:21,
1110:12, 1112:1,
1112:3, 1112:9,
1112:10, 1112:13,

date

1114:13, 1114:23,
1115:1, 1115:12,
1116:3, 1116:6,
1117:22, 1119:15,
1120:3, 1120:7,
1121:9, 1121:11,
1121:14, 1121:16,
1122:6, 1123:10,
1123:25, 1140:5,
1146:22, 1156:2,
1158:15, 1162:2,
1162:4, 1162:11,
1162:15, 1164:10,
1164:11, 1164:16,
1164:20, 1165:1,
1165:19, 1165:20,
1165:25, 1166:23,
1184:23, 1184:25,
1185:3, 1185:9,
1189:18, 1189:25,
1192:1, 1192:2,
1192:19, 1193:21,
1194:2, 1194:4,
1194:7, 1194:8,
1194:10, 1195:17,
1195:19, 1195:23,
1195:24, 1196:4,
1196:6
perceived [1] 1194:23
percent [9] 1090:12, 1106:4,
1106:12, 1106:16,
1108:16, 1108:21,
1113:21, 1134:4,
1134:8
percentage [2] 1108:3, 1108:20
percentagewise [1] 1106:3
perform [1] 1153:21
performance [1] 1194:15
period [14] 1105:20, 1114:21,
1137:21, 1137:23,
1158:18, 1162:3,
1164:8, 1184:15,
1187:15, 1187:19,
1187:22, 1187:23,
1188:24, 1191:15
periods [3] 1078:17, 1187:18,
1188:11
permanent [1] 1158:12
permissible [1] 1139:12
permitting [1] -

17

1101:19
perpetual [1] 1166:8
Perry [1] - 1113:6
PERSEREC [31] 1093:1, 1093:3,
1093:6, 1093:9,
1093:15, 1093:20,
1094:1, 1094:5,
1094:7, 1094:16,
1094:20, 1095:1,
1095:6, 1095:16,
1095:19, 1095:24,
1096:18, 1097:3,
1097:6, 1097:10,
1097:13, 1098:5,
1098:19, 1098:22,
1099:1, 1099:14,
1100:9, 1100:14,
1123:21, 1124:1,
1124:13
Persian [1] - 1154:8
persist [1] - 1191:16
persisted [1] 1191:17
person [13] 1085:10, 1095:2,
1095:21, 1099:10,
1158:19, 1158:23,
1160:5, 1163:20,
1164:3, 1164:5,
1167:13, 1167:17,
1167:18
personal [5] 1085:11, 1113:21,
1150:21, 1188:8,
1188:20
personally [3] 1128:5, 1142:15,
1143:2
Personnel [1] 1112:19
personnel [9] 1085:4, 1085:6,
1085:11, 1085:18,
1085:22, 1098:6,
1114:1, 1114:3,
1176:16
persons [5] 1085:14, 1085:18,
1085:23, 1085:25,
1140:1
persuasive [1] 1102:10
phase [1] - 1149:14
Phoenix [2] 1191:22, 1192:2
phone [1] - 1191:25
phrases [1] 1138:17

phrasing [1] - 1140:6


physical [1] - 1078:9
physically [3] 1149:16, 1149:25,
1184:17
pick [6] - 1130:16,
1134:20, 1134:22,
1152:21, 1192:10,
1197:3
piece [6] - 1190:13,
1190:14, 1190:19,
1190:23, 1191:10,
1191:11
pieces [2] - 1192:11,
1197:3
pilot [1] - 1113:11
place [4] - 1087:17,
1138:6, 1138:7,
1193:17
placement [1] 1129:23
Plaintiff [2] - 1075:3,
1076:3
PLAINTIFF [2] 1076:6, 1076:11
plaintiff's [3] 1077:7, 1078:22,
1104:23
platoon [17] 1166:20, 1167:9,
1167:20, 1168:13,
1169:5, 1169:8,
1169:12, 1169:24,
1170:9, 1170:16,
1170:25, 1171:4,
1178:17, 1184:5,
1184:9, 1184:18,
1184:21
platoon's [1] 1141:19
platoons [1] 1184:18
pleased [1] - 1136:7
point [23] - 1122:20,
1131:11, 1131:12,
1156:16, 1156:17,
1157:14, 1165:14,
1166:11, 1166:15,
1167:6, 1167:23,
1174:13, 1174:16,
1174:18, 1178:14,
1178:19, 1179:22,
1189:2, 1189:4,
1191:1, 1191:3,
1194:11, 1195:16
pointed [3] 1109:19, 1114:16,
1116:4
points [3] - 1112:9,
1112:12, 1195:25

policies [1] 1139:18


policy [23] - 1078:7,
1079:17, 1087:8,
1092:16, 1101:17,
1108:7, 1108:9,
1108:25, 1109:13,
1109:14, 1115:4,
1115:8, 1116:14,
1116:24, 1117:1,
1117:21, 1139:12,
1139:17, 1139:20,
1140:16, 1141:1,
1194:17, 1195:11
Political [2] 1103:11, 1111:22
political [2] 1118:20, 1193:12
poll [1] - 1102:7
Poll [1] - 1090:9
Pollard [1] - 1123:14
polls [3] - 1115:1,
1116:2, 1121:12
pool [1] - 1109:19
Portuguese [12] 1134:12, 1134:14,
1134:20, 1134:22,
1161:14, 1161:15,
1161:17, 1161:18,
1161:21, 1162:13,
1162:16
pose [1] - 1091:25
position [3] 1169:13, 1177:9,
1177:19
positions [2] 1140:1, 1140:5
possess [2] 1099:16, 1099:19
possibility [1] 1107:17
possible [2] 1153:18, 1192:19
possibly [1] - 1191:6
post [3] - 1150:13,
1157:3, 1158:5
post-boot [1] 1158:5
potential [2] 1089:10, 1162:7
potentially [3] 1162:21, 1165:23,
1180:18
Powell [7] - 1081:14,
1110:13, 1114:16,
1115:3, 1115:10,
1117:22, 1121:20
practical [1] - 1142:8
practice [3] 1128:20, 1128:25,

Case Name/number

1134:1
predicted [1] 1103:2
predictions [3] 1115:8, 1118:19,
1121:16
predominantly [1] 1134:6
prepare [1] - 1156:19
prepared [1] 1094:6
preponderance [1] 1115:25
presence [4] 1078:5, 1079:15,
1103:2, 1140:1
present [1] - 1182:11
presented [6] 1103:16, 1114:10,
1120:24, 1128:7,
1128:9, 1144:14
President [4] 1100:24, 1117:15,
1117:20, 1117:21
Press [1] - 1111:25
pressure [4] 1156:9, 1156:14,
1157:7
pretty [6] - 1133:4,
1134:23, 1163:10,
1173:4, 1184:23,
1193:2
prevent [1] - 1167:8
prevented [1] 1194:22
previous [4] 1096:15, 1100:25,
1135:7, 1179:23
previously [5] 1081:4, 1135:4,
1178:4, 1178:15,
1188:17
primary [2] - 1148:9,
1176:6
priority [1] - 1146:14
prisoners [2] 1145:7
privacy [16] - 1083:1,
1086:6, 1086:18,
1087:11, 1087:15,
1090:19, 1091:5,
1158:3, 1158:8,
1158:9, 1158:11,
1158:13, 1159:3,
1175:17, 1175:18,
1175:19
private [7] - 1142:10,
1158:10, 1158:20,
1158:25, 1159:4,
1159:5, 1164:17

date

privately [1] - 1142:9


pro [1] - 1172:11
problem [7] 1113:24, 1120:1,
1123:19, 1166:19,
1168:2, 1194:11,
1195:19
problematic [1] 1165:24
problems [6] 1084:11, 1104:15,
1117:16, 1117:25,
1119:24, 1194:6
procedure [1] 1184:16
proceeding [1] 1183:6
proceedings [2] 1181:21, 1182:2
process [30] 1111:13, 1131:14,
1135:15, 1154:17,
1154:19, 1157:3,
1168:11, 1173:1,
1173:9, 1176:12,
1177:2, 1177:4,
1177:6, 1177:7,
1177:12, 1178:12,
1178:22, 1178:24,
1179:1, 1180:17,
1181:3, 1187:20,
1187:25, 1188:1,
1188:5, 1188:7,
1190:1
processing [5] 1136:19, 1136:21,
1136:24, 1144:10,
1152:2
Professor [3] 1103:1, 1103:9,
1103:11
proficiency [1] 1130:10
proficient [2] 1130:13, 1130:23
profound [1] 1188:15
Programs [1] 1075:12
progressively [1] 1153:9
prohibited [1] 1139:20
prolonged [1] 1121:12
promoted [1] 1107:11
prompt [1] - 1192:23
promulgate [1] 1100:25

18

pronoun [1] 1196:12


propensity [2] 1085:13, 1085:24
protest [1] - 1142:6
proud [5] - 1135:24,
1136:13, 1136:15,
1136:16
provide [1] - 1186:16
provided [5] 1077:6, 1100:20,
1102:1, 1151:20,
1171:22
psychiatrist [2] 1089:23, 1090:3
Psychiatry [2] 1080:22, 1102:25
psychological [2] 1143:20, 1143:21
psychologically [1] 1156:19
Public [1] - 1111:22
public [1] - 1112:12
publish [1] - 1111:24
pull [1] - 1082:3
pulled [1] - 1184:20
purpose [8] - 1101:3,
1163:23, 1165:7,
1168:17, 1176:6,
1177:11, 1177:12,
1177:14
purposes [1] 1165:5
pursuant [2] 1127:7, 1194:20
pursue [2] - 1128:6,
1129:11
pushed [1] - 1136:13
put [27] - 1077:24,
1078:1, 1089:15,
1093:21, 1095:17,
1095:20, 1101:11,
1109:20, 1113:6,
1113:16, 1149:22,
1150:19, 1152:17,
1157:9, 1167:14,
1167:18, 1171:15,
1171:19, 1172:19,
1173:9, 1174:18,
1181:17, 1184:21,
1185:2, 1185:5,
1190:1, 1192:11
putting [1] - 1098:12

Q
qualified [4] 1145:20, 1147:4,
1152:10, 1154:6

quantify [2] 1106:15, 1113:9


quarters [6] 1083:5, 1088:9,
1090:22, 1160:18,
1160:21, 1160:23
quash [1] - 1170:13
QUESTION [4] 1079:12, 1079:20,
1096:15, 1098:4
question-byquestion [1] - 1170:3
questioned [1] 1173:4
questioning [1] 1145:6
questions [14] 1078:10, 1084:20,
1084:21, 1090:6,
1091:20, 1109:4,
1123:20, 1142:17,
1146:24, 1182:20,
1182:22, 1192:20,
1192:24, 1195:8
quick [2] - 1156:25,
1168:25
quickly [4] 1134:23, 1152:21,
1156:11, 1193:2
quiet [1] - 1196:2
quite [5] - 1088:1,
1150:10, 1150:12,
1160:12, 1165:22
quoted [1] - 1114:13
quotes [1] - 1121:19

R
race [1] - 1117:18
racial [5] - 1140:21,
1141:23, 1142:1,
1142:23, 1143:6
raised [1] - 1092:7
RAND [13] - 1100:17,
1100:20, 1100:23,
1101:3, 1101:7,
1101:11, 1101:13,
1101:22, 1102:12,
1102:22, 1103:8,
1112:5, 1112:17
range [2] - 1101:15,
1102:2
rarely [1] - 1140:2
rates [1] - 1106:25
rather [12] - 1092:6,
1131:14, 1135:9,
1138:3, 1138:9,
1138:20, 1142:5,
1151:18, 1184:22,

1187:22, 1192:12
rational [1] - 1088:19
rationales [2] 1122:12, 1122:19
reach [1] - 1190:3
reaching [4] 1112:25, 1113:3,
1113:20, 1188:16
react [1] - 1135:19
reaction [6] - 1136:7,
1167:7, 1168:13,
1168:20, 1169:2,
1194:9
read [10] - 1082:11,
1086:13, 1086:15,
1098:8, 1111:15,
1118:7, 1163:9,
1164:23, 1181:18,
1181:25
readiness [5] 1104:7, 1104:8,
1106:16, 1106:18,
1114:24
Readiness [1] 1112:19
reading [1] - 1181:22
ready [4] - 1134:25,
1135:2, 1171:18
realize [3] - 1162:10,
1178:14, 1183:11
realized [7] 1132:18, 1162:19,
1164:14, 1165:19,
1188:5, 1188:7,
1188:15
realizing [3] 1162:7, 1174:13,
1188:13
really [24] - 1096:16,
1102:5, 1119:14,
1143:13, 1143:23,
1152:14, 1158:20,
1161:22, 1163:2,
1164:24, 1166:2,
1166:7, 1166:11,
1167:24, 1171:13,
1174:16, 1174:23,
1177:7, 1180:19,
1189:24, 1190:2,
1190:3, 1194:6,
1196:2
reason [8] - 1081:18,
1084:15, 1087:9,
1091:13, 1098:22,
1140:13, 1140:14,
1183:20
reasons [6] - 1092:3,
1151:4, 1162:14,
1172:23, 1172:24,
1174:2

Case Name/number

receive [4] - 1106:20,


1106:24, 1107:7,
1107:10
received [10] 1092:21, 1139:16,
1139:18, 1140:25,
1176:14, 1176:17,
1177:17, 1179:16,
1180:24, 1186:24
RECEIVED [1] 1076:16
receiving [1] 1170:20
recent [1] - 1116:4
recess [3] - 1125:6,
1125:8
recognize [4] 1138:22, 1175:9,
1178:8, 1185:19
recollection [9] 1086:9, 1086:15,
1089:14, 1091:3,
1103:5, 1103:13,
1140:5, 1161:1,
1172:17
recommended [2] 1171:20, 1172:25
recommending [1] 1182:5
reconfirmed [1] 1164:20
reconsidered [1] 1135:3
record [8] - 1082:11,
1082:12, 1090:5,
1099:11, 1125:18,
1163:23, 1190:15,
1190:20
recordings [4] 1146:13, 1146:15,
1146:16, 1147:2
RECROSS [2] 1076:6, 1076:11
recruit [1] - 1109:20
recruiter [6] 1131:12, 1132:12,
1132:14, 1132:21,
1135:7, 1135:11
recruiter's [1] 1132:22
recruiters [1] 1146:12
recruiting [3] 1113:15, 1131:14,
1132:16
recruitment [3] 1135:11, 1135:15,
1146:9
recruits [7] 1136:20, 1137:15,

date

1137:16, 1139:16,
1139:25, 1152:6,
1155:4
REDIRECT [3] 1076:6, 1076:11,
1109:7
redirect [1] - 1109:5
Reed [2] - 1080:22,
1102:25
reenlist [2] - 1106:7,
1106:25
reevaluated [1] 1135:1
refer [3] - 1078:23,
1086:10, 1104:24
reference [1] 1163:5
references [5] 1121:19, 1138:19,
1141:10, 1162:20,
1164:9
referred [6] 1136:25, 1137:11,
1137:23, 1141:17,
1146:14, 1158:6
referring [7] 1077:15, 1114:7,
1114:22, 1124:1,
1139:4, 1173:22,
1173:23
reflects [2] - 1097:7,
1098:5
refresh [4] - 1086:9,
1086:15, 1089:13,
1091:3
refuse [1] - 1085:9
regard [2] - 1086:2,
1150:21
regarding [3] 1109:25, 1119:4,
1119:18
regimented [1] 1156:4
regularly [1] 1112:13
reinforced [1] 1116:17
rejected [1] 1083:24
related [2] - 1194:12,
1194:14
relation [1] - 1126:6
relations [1] 1197:13
relationships [1] 1195:22
relatively [1] 1130:16
release [1] - 1185:25
relevance [7] -

19

1135:20, 1138:25,
1153:23, 1176:22,
1176:23, 1179:12,
1186:21
relevant [1] - 1098:6
reliance [1] 1114:10
relied [3] - 1112:24,
1113:2, 1115:3
remain [3] - 1101:18,
1163:22, 1165:10
remark [1] - 1140:23
remarks [7] 1140:20, 1140:22,
1141:22, 1141:25,
1142:1, 1165:20,
1165:25
remember [22] 1077:3, 1081:16,
1081:24, 1121:2,
1137:25, 1139:25,
1153:3, 1156:5,
1156:15, 1157:6,
1160:10, 1160:11,
1160:25, 1166:25,
1172:2, 1180:25,
1181:1, 1181:15,
1181:21, 1182:20,
1183:1, 1183:3
repeal [1] - 1109:10
repeat [3] - 1121:3,
1148:23, 1159:17
Report [9] - 1091:22,
1091:24, 1092:11,
1092:21, 1122:19,
1122:23, 1122:24,
1123:4, 1123:6
report [42] - 1082:4,
1085:6, 1093:6,
1093:9, 1094:1,
1094:7, 1094:20,
1094:23, 1095:1,
1095:6, 1095:24,
1097:3, 1097:6,
1097:10, 1098:5,
1098:19, 1099:14,
1100:14, 1100:21,
1100:23, 1101:7,
1101:13, 1102:13,
1102:22, 1103:8,
1112:5, 1112:8,
1112:10, 1112:18,
1113:7, 1113:16,
1116:4, 1118:2,
1118:6, 1118:7,
1123:21, 1123:22,
1123:23, 1124:1,
1124:6, 1124:13
report's [1] - 1098:23
reporter [1] -

1099:11
reporter.. [1] 1121:5
reports [3] 1108:24, 1113:18,
1146:15
represent [1] 1172:8
representation [2] 1172:18, 1173:8
representative [1] 1177:19
request [6] 1148:16, 1148:24,
1149:2, 1149:22,
1150:19, 1154:12
requested [2] 1148:13, 1148:15
require [1] - 1085:22
required [11] 1085:7, 1150:2,
1150:16, 1151:2,
1151:9, 1152:25,
1153:1, 1153:2,
1186:6, 1196:18
requirements [3] 1145:21, 1146:14,
1152:8
requiring [1] 1085:11
research [9] 1078:3, 1079:13,
1094:17, 1099:24,
1109:12, 1110:12,
1116:25, 1118:17,
1121:22
Research [4] 1080:11, 1080:22,
1102:24, 1102:25
resided [1] - 1184:21
respect [17] 1081:14, 1083:17,
1085:20, 1086:6,
1086:18, 1091:17,
1098:5, 1110:10,
1122:10, 1123:5,
1130:4, 1154:22,
1163:13, 1163:15,
1184:11, 1184:14
responded [1] 1085:15
response [1] 1170:20
responsive [3] 1195:10, 1195:12
rest [3] - 1098:8,
1156:3, 1184:17
restrict [1] - 1196:2
result [11] - 1104:13,
1104:20, 1105:6,

1108:4, 1165:6,
1166:9, 1171:24,
1173:19, 1185:11,
1193:19, 1193:25
resulted [1] 1173:10
results [2] - 1099:14,
1144:12
resume [1] - 1077:4
retained [4] 1172:12, 1172:14,
1176:1, 1177:21
retire [1] - 1186:3
retired [2] - 1101:16,
1133:8
Retired [1] - 1102:23
retrieve [1] - 1124:22
return [2] - 1131:2,
1136:2
returned [1] 1090:10
revealed [1] 1101:15
reversing [1] 1173:11
Review [2] 1111:22, 1111:23
review [5] - 1099:2,
1099:8, 1111:13,
1186:4, 1186:6
reviewed [4] 1111:21, 1111:24,
1111:25, 1112:5
revising [1] 1161:23
rhetoric [5] - 1138:2,
1138:3, 1138:8,
1138:10, 1140:10
Rights [1] - 1115:8
rinse [1] - 1156:7
riots [1] - 1117:18
risk [6] - 1091:25,
1092:15, 1092:19,
1103:19, 1123:8,
1123:10
ritual [3] - 1155:19,
1155:23, 1156:24
Riverside [1] 1077:1
ROCHA [67] 1079:2, 1079:4,
1096:6, 1096:9,
1097:23, 1100:5,
1105:2, 1105:8,
1109:6, 1109:8,
1110:17, 1111:1,
1120:16, 1120:21,
1121:4, 1121:18,
1122:17, 1123:1,
1124:11, 1124:16,

Case Name/number

1125:10, 1126:14,
1126:16, 1131:22,
1131:23, 1136:6,
1139:8, 1142:24,
1143:1, 1146:8,
1154:11, 1155:20,
1157:2, 1159:14,
1159:19, 1159:23,
1160:6, 1161:9,
1163:21, 1163:25,
1164:2, 1164:7,
1165:4, 1165:11,
1169:4, 1169:11,
1170:8, 1173:18,
1174:6, 1174:7,
1176:18, 1177:1,
1177:16, 1177:18,
1178:2, 1179:9,
1179:17, 1181:7,
1182:10, 1183:19,
1183:24, 1186:19,
1187:1, 1190:10,
1195:4, 1196:21,
1197:25
Rocha [3] - 1076:8,
1076:13, 1169:10
role [1] - 1091:4
roller [2] - 1187:20,
1191:18
romance [3] 1130:14, 1130:23,
1134:18
room [12] - 1075:15,
1087:22, 1087:23,
1122:8, 1147:8,
1155:1, 1155:4,
1155:18, 1156:1,
1158:15, 1158:17,
1158:20
roommate [1] 1134:8
rooms [8] - 1157:16,
1158:15, 1158:19,
1158:22, 1158:23,
1160:5, 1161:3
Roper [1] - 1090:9
Rostker [2] - 1112:4,
1112:17
roughest [1] 1187:17
roughly [5] 1077:13, 1106:12,
1113:18, 1134:4,
1135:6
rounds [1] - 1137:5
rules [8] - 1130:15,
1134:21, 1152:16,
1152:21, 1152:24,
1153:5, 1153:6,
1153:9

date

running [1] - 1145:9


Ryan [1] - 1075:13

S
safer [1] - 1109:18
salute [1] - 1183:2
sat [4] - 1147:2,
1161:25, 1162:1,
1162:5
saw [2] - 1161:25,
1163:1
scandals [1] 1123:12
scared [4] - 1156:12,
1172:20, 1180:16,
1180:20
scenario [1] - 1193:3
scheduled [2] 1148:23, 1172:4
scholarly [1] 1084:25
scholars [1] - 1099:4
school [22] - 1127:9,
1127:11, 1127:12,
1127:15, 1127:19,
1127:22, 1127:25,
1128:2, 1128:10,
1128:12, 1128:13,
1128:15, 1128:17,
1128:18, 1129:4,
1129:6, 1129:9,
1131:25, 1132:1,
1157:16, 1193:25,
1197:7
School [1] - 1127:16
schools [1] 1147:12
Schwarzkopf [5] 1081:9, 1089:21,
1089:23, 1101:17,
1121:20
science [3] - 1078:9,
1118:17
Science [2] 1103:11, 1111:23
scientist [1] 1118:20
scientists [4] 1081:5, 1101:20,
1102:17, 1118:19
scope [7] - 1094:21,
1095:1, 1095:7,
1095:10, 1120:19,
1122:14, 1173:5
Scott [1] - 1075:14
scrambling [1] 1188:3
screen [3] - 1077:24,

20

1078:2, 1101:12
second [11] - 1084:5,
1116:23, 1131:2,
1131:6, 1143:8,
1148:10, 1149:9,
1149:14, 1170:23,
1171:5, 1175:17
secret [1] - 1165:17
Secretary [10] 1082:1, 1084:9,
1094:6, 1094:15,
1097:2, 1097:9,
1108:6, 1108:25,
1112:18, 1113:6
secure [1] - 1192:12
security [9] 1091:25, 1092:5,
1092:15, 1092:19,
1098:6, 1123:7,
1123:10, 1123:17,
1161:19
see [19] - 1082:6,
1082:9, 1082:20,
1082:22, 1084:13,
1084:14, 1086:9,
1089:13, 1107:3,
1118:19, 1123:17,
1136:12, 1136:16,
1140:19, 1140:21,
1168:23, 1168:24,
1192:2
seeing [1] - 1189:23
seeking [1] - 1150:8
seem [2] - 1169:24,
1182:21
Segal [1] - 1103:10
segment [3] 1148:10, 1148:11,
1148:21
segments [3] 1148:8, 1148:9,
1148:18
segregated [1] 1122:1
segregating [1] 1090:16
selection [1] 1144:13
semester [1] 1128:23
semesters [1] 1129:16
semidry [1] - 1157:9
semiprivate [2] 1155:10, 1158:20
Senate [16] 1079:13, 1079:25,
1080:3, 1080:16,
1081:5, 1082:4,
1082:16, 1083:23,

1084:4, 1086:2,
1086:4, 1086:16,
1093:4, 1100:20,
1102:14, 1115:15
Senator [10] 1084:3, 1088:7,
1088:12, 1088:23,
1089:20, 1090:4,
1090:6, 1090:15,
1090:20, 1093:11
senators [1] 1100:13
send [5] - 1111:23,
1112:2, 1120:3,
1166:2, 1172:16
Send [1] - 1120:3
sending [2] - 1173:8,
1175:16
Senior [1] - 1081:25
senior [1] - 1101:16
seniors [1] - 1130:6
sense [4] - 1110:14,
1141:21, 1193:5,
1196:4
sensed [1] - 1195:23
sent [5] - 1094:7,
1111:25, 1165:13,
1165:21, 1172:18
sentence [2] 1116:11, 1116:23
separate [19] 1087:1, 1087:3,
1087:10, 1087:13,
1087:22, 1088:10,
1088:13, 1088:18,
1089:5, 1090:22,
1127:6, 1159:9,
1159:20, 1159:22,
1159:23, 1159:25,
1160:1, 1160:4
separated [7] 1160:2, 1183:14,
1184:17, 1185:6,
1185:9, 1186:1,
1189:18
separating [2] 1088:8, 1182:2
separation [2] 1088:20, 1176:15
September [5] 1147:15, 1147:21,
1147:23, 1148:4,
1150:20
Sergeant [1] 1183:12
sergeant [28] 1166:20, 1167:10,
1167:20, 1169:5,
1169:8, 1169:12,
1169:24, 1170:9,

1170:17, 1170:21,
1170:25, 1171:4,
1172:21, 1173:3,
1176:5, 1178:17,
1179:23, 1182:14,
1182:15, 1183:4,
1183:5, 1183:8,
1183:17, 1183:20,
1184:5, 1184:9,
1189:15, 1190:8
sergeant's [1] 1168:13
sergeants [1] 1140:6
series [5] - 1101:14,
1119:3, 1121:19,
1144:12, 1145:24
serve [13] - 1082:25,
1083:10, 1086:5,
1086:17, 1091:10,
1101:20, 1103:18,
1107:18, 1115:13,
1116:3, 1116:7,
1120:7, 1196:23
served [5] - 1082:1,
1116:2, 1131:10,
1136:11
service [9] - 1093:24,
1106:21, 1116:24,
1126:7, 1131:11,
1135:14, 1135:24,
1187:6, 1194:18
servicemember [9] 1085:8, 1108:13,
1154:16, 1161:12,
1171:17, 1173:15,
1173:23, 1179:23,
1186:1
Servicemembers [4]
- 1126:18, 1126:19,
1126:20, 1171:20
servicemembers [5]
- 1089:10, 1091:25,
1106:16, 1126:6,
1171:22
Services [13] 1080:1, 1080:3,
1080:16, 1081:5,
1082:4, 1082:17,
1083:23, 1086:2,
1093:4, 1100:20,
1102:14, 1114:11,
1115:15
services [4] - 1078:5,
1079:15, 1132:13,
1171:22
serving [4] - 1115:1,
1119:25, 1121:11,
1123:7
session [1] - 1112:9

Case Name/number

set [6] - 1149:11,


1149:13, 1160:5,
1160:24, 1161:3,
1175:3
sets [1] - 1149:13
setting [1] - 1138:23
seven [1] - 1083:2
several [3] - 1091:19,
1114:13, 1161:22
sex [4] - 1085:14,
1085:25, 1090:8,
1090:14
sexes [2] - 1088:8,
1088:20
sexual [30] 1085:13, 1085:24,
1086:6, 1086:18,
1087:19, 1087:24,
1088:24, 1089:4,
1089:9, 1090:12,
1090:20, 1091:4,
1091:9, 1107:19,
1138:19, 1143:12,
1160:14, 1161:10,
1162:21, 1164:9,
1173:12, 1178:13,
1179:24, 1193:19,
1193:22, 1193:25,
1194:12, 1194:25,
1195:17
sexuality [1] 1177:20
Shalikashvili [2] 1110:19, 1114:17
shall [1] - 1125:13
shame [2] - 1192:15,
1193:5
share [1] - 1085:11
shared [2] - 1085:22,
1122:8
sharing [1] - 1119:25
sheds [1] - 1177:9
ship [4] - 1083:1,
1117:18, 1136:21,
1137:3
shipped [1] - 1152:3
ships [1] - 1087:4
shock [1] - 1191:4
shoot [1] - 1156:21
short [2] - 1116:13,
1187:22
short-term [1] 1116:13
shorter [1] - 1187:23
shortly [2] - 1094:5,
1114:18
shoved [1] - 1162:25
show [1] - 1185:12
shower [14] 1155:12, 1155:13,

date

1155:14, 1155:15,
1155:18, 1155:19,
1155:23, 1156:1,
1156:11, 1157:3,
1158:23, 1158:25,
1159:8
showering [2] 1156:20, 1156:24
showers [2] 1155:10, 1159:1
showing [2] 1177:12, 1178:3
shown [3] - 1119:3,
1119:18, 1121:19
shows [2] - 1116:1,
1121:15
shut [7] - 1156:11,
1183:10, 1183:14,
1189:16, 1191:24,
1192:3, 1192:8
sic] [1] - 1123:21
side [3] - 1159:2,
1163:1, 1184:19
sides [4] - 1083:15,
1083:17, 1112:11,
1158:24
sight [1] - 1137:17
sign [1] - 1186:9
signature [3] 1175:20, 1179:3,
1186:11
signed [3] - 1118:7,
1179:6, 1186:14
significant [9] 1090:13, 1097:3,
1097:7, 1097:8,
1097:10, 1097:14,
1098:5, 1188:11,
1192:14
significantly [1] 1103:3
similar [9] - 1089:21,
1116:20, 1130:14,
1130:18, 1130:19,
1149:8, 1171:16
simply [1] - 1117:15
Simpson [1] 1075:14
SIMPSON [25] 1125:23, 1126:3,
1126:11, 1135:20,
1138:24, 1146:4,
1153:22, 1159:11,
1163:19, 1165:2,
1168:15, 1169:6,
1169:22, 1173:14,
1176:22, 1177:22,
1179:11, 1181:4,
1182:6, 1183:16,
1183:22, 1186:21,

21

1190:7, 1195:3,
1195:6
simulate [2] 1156:16, 1156:17
sit [2] - 1147:8,
1152:18
sitting [7] - 1100:12,
1102:9, 1105:5,
1108:20, 1109:2,
1161:23, 1162:17
situation [5] 1143:24, 1167:1,
1171:10, 1171:11,
1171:14
situations [1] 1090:17
six [1] - 1083:3
skills [3] - 1099:19,
1109:21, 1145:13
SLDN [14] - 1171:21,
1171:22, 1172:3,
1172:10, 1172:13,
1172:24, 1172:25,
1173:1, 1173:8,
1173:22, 1174:2,
1175:16, 1176:1,
1178:20
sleep [2] - 1083:4,
1155:4
slightly [1] - 1105:22
slip [1] - 1196:11
slur [2] - 1140:23,
1142:20
slurs [8] - 1138:13,
1139:20, 1139:22,
1140:3, 1142:7,
1142:15, 1143:2,
1164:12
small [1] - 1088:8
snap [1] - 1162:9
so-and-so [1] 1164:22
so.. [1] - 1084:25
soap [1] - 1156:7
social [9] - 1078:9,
1081:4, 1090:4,
1101:20, 1102:16,
1117:2, 1118:17,
1118:19, 1193:13
society [10] 1087:17, 1087:21,
1088:17, 1088:20,
1114:20, 1117:2,
1122:1, 1157:12,
1157:22, 1157:23
sociologist [1] 1118:21
Sociology [2] 1103:1, 1103:10
soldier [4] - 1158:16,

1164:6, 1164:7,
1174:3
soldiers [6] - 1090:9,
1090:10, 1090:12,
1138:16, 1160:24,
1180:8
solely [3] - 1104:12,
1104:19, 1105:6
solemnly [1] 1125:12
someone [10] 1107:21, 1122:8,
1135:9, 1140:7,
1142:13, 1162:20,
1164:21, 1168:8,
1168:10, 1188:21
sometimes [5] 1118:19, 1150:9,
1193:3, 1195:14
somewhere [2] 1113:8, 1113:18
son [2] - 1136:9,
1136:17
songs [1] - 1141:8
soon [2] - 1077:9,
1151:10
sooner [1] - 1151:18
sorry [7] - 1084:23,
1084:24, 1118:10,
1159:12, 1173:17,
1197:17, 1197:19
sort [50] - 1130:15,
1135:1, 1140:17,
1140:23, 1141:8,
1141:21, 1142:4,
1145:10, 1152:17,
1153:11, 1155:11,
1155:25, 1156:8,
1157:22, 1161:18,
1162:3, 1162:7,
1162:16, 1162:23,
1162:25, 1163:2,
1164:9, 1164:19,
1165:21, 1166:6,
1167:8, 1169:1,
1171:7, 1171:8,
1171:10, 1171:12,
1171:14, 1173:9,
1176:11, 1178:12,
1178:20, 1178:22,
1180:11, 1180:16,
1180:20, 1182:25,
1185:10, 1191:4,
1192:7, 1193:11,
1197:2, 1197:3
sounded [1] 1149:20
source [7] - 1110:5,
1145:10, 1145:17,
1147:7, 1148:11,

1149:15, 1150:11
sources [5] 1112:24, 1113:2,
1113:7, 1145:7,
1145:11
South [3] - 1190:15,
1197:5, 1197:8
souvenirs [1] 1125:1
space [1] - 1184:24
spaces [1] - 1085:12
Spanish [28] 1127:22, 1127:23,
1127:25, 1128:3,
1128:12, 1128:17,
1128:20, 1128:23,
1129:1, 1129:2,
1129:3, 1129:21,
1129:23, 1129:25,
1130:1, 1130:4,
1130:7, 1130:15,
1130:16, 1133:10,
1134:3, 1134:7,
1134:8, 1134:22,
1162:13, 1162:15,
1197:16
speakers [1] 1145:16
speaking [6] 1099:10, 1145:18,
1171:4, 1171:9,
1171:24, 1172:3
speaks [1] - 1145:17
special [1] - 1147:22
specialists [1] 1147:11
specialties [1] 1152:8
specialty [1] 1144:13
specific [2] 1138:21, 1140:4
specifically [6] 1083:24, 1114:7,
1116:11, 1122:23,
1133:9, 1164:21
spectrum [1] 1158:9
speech [1] - 1143:16
speeches [1] 1117:24
spell [2] - 1125:17,
1144:4
spelled [1] - 1144:6
spend [2] - 1137:1,
1151:3
spending [1] 1133:18
spent [8] - 1113:14,
1132:17, 1133:3,

Case Name/number

1133:19, 1137:3,
1137:4, 1138:1,
1153:25
spilled [1] - 1156:2
split [1] - 1148:9
spoken [3] - 1134:7,
1141:16, 1179:24
spot [1] - 1152:22
spousal [1] 1104:16
spread [1] - 1167:19
spreading [5] 1164:15, 1165:21,
1166:24, 1167:8,
1194:3
spring [3] - 1101:14,
1101:23, 1132:5
spy [2] - 1123:12,
1123:13
spying [1] - 1123:16
Staff [1] - 1110:20
staff [1] - 1182:14
stall [2] - 1159:8
stalls [2] - 1155:9,
1158:23
stamped [1] 1093:16
stand [8] - 1078:8,
1078:12, 1079:20,
1079:23, 1084:20,
1181:14, 1181:17,
1181:18
standards [5] 1103:19, 1104:12,
1104:19, 1105:6,
1106:2
standing [6] 1125:24, 1126:9,
1169:6, 1169:9,
1170:4, 1176:20
standpoint [1] 1193:13
stands [1] - 1158:6
start [5] - 1124:9,
1125:24, 1136:18,
1154:14, 1197:21
started [13] 1117:24, 1132:8,
1132:11, 1162:5,
1164:12, 1164:16,
1165:25, 1168:11,
1174:13, 1182:24,
1190:1, 1194:3
starting [8] 1105:13, 1164:25,
1165:1, 1165:19,
1165:20, 1166:22,
1175:13, 1181:2
state [8] - 1103:8,
1125:12, 1125:17,

date

1126:2, 1166:7,
1166:10, 1187:14,
1189:11
statement [23] 1078:8, 1078:12,
1078:20, 1078:21,
1079:20, 1079:23,
1082:14, 1108:11,
1108:13, 1108:17,
1108:21, 1116:9,
1116:23, 1117:10,
1168:13, 1169:12,
1177:8, 1177:13,
1181:19, 1181:23,
1182:7, 1183:17,
1190:8
statements [8] 1085:12, 1085:23,
1108:23, 1138:22,
1169:13, 1169:25,
1173:15, 1182:7
States [3] - 1126:22,
1127:2, 1127:5
STATES [2] 1075:11, 1075:18
states [3] - 1098:19,
1101:13, 1188:2
station [5] - 1136:20,
1136:24, 1144:11,
1152:2, 1158:12
stationed [1] 1133:7
statistics [2] 1106:18, 1107:9
status [5] - 1147:22,
1147:25, 1169:19,
1184:11, 1184:14
stay [2] - 1106:21,
1191:21
step [6] - 1124:19,
1150:17, 1158:8,
1180:25, 1187:25,
1197:22
steps [4] - 1136:21,
1144:12, 1165:6,
1188:1
Stiehm [1] - 1103:11
still [15] - 1117:6,
1132:19, 1141:13,
1146:22, 1148:13,
1150:2, 1151:8,
1163:13, 1163:15,
1166:3, 1166:4,
1174:17, 1191:3,
1191:7, 1193:9
stop [6] - 1146:16,
1153:20, 1166:17,
1167:14, 1167:19,
1191:18
stopped [3] - 1162:6,

22

1176:8, 1183:8
stories [1] - 1196:14
Storm [1] - 1090:10
straight [2] 1157:14, 1157:17
Street [1] - 1075:6
strengthened [1] 1195:21
stress [1] - 1156:18
stressful [4] 1143:18, 1143:19,
1166:4, 1166:5
strike [14] - 1163:19,
1165:2, 1173:14,
1173:17, 1174:4,
1174:5, 1181:4,
1181:6, 1182:6,
1182:9, 1183:16,
1183:18, 1190:7,
1190:9
strongly [1] 1078:13
structure [3] 1130:17, 1130:18,
1152:21
structured [1] 1156:5
Stuart [1] - 1075:20
students [2] 1128:16, 1130:21
studied [3] 1089:24, 1112:3,
1129:21
studies [3] - 1093:1,
1093:3, 1112:14
study [17] - 1093:15,
1093:20, 1093:21,
1095:16, 1099:2,
1100:9, 1100:17,
1101:3, 1101:11,
1113:5, 1123:18,
1129:14, 1129:17,
1130:24, 1153:16,
1153:19
studying [3] 1133:10, 1153:17,
1153:18
stuttered [1] 1191:7
subcomponent [1] 1180:5
subject [4] - 1099:2,
1099:6, 1101:15,
1154:1
submarines [8] 1086:22, 1087:1,
1087:5, 1087:6,
1087:7, 1087:14,
1088:10, 1115:5
submit [3] - 1111:23,

1169:13, 1178:12
submitted [3] 1179:6, 1180:22,
1182:3
subsequent [3] 1163:23, 1172:4,
1172:5
substantial [1] 1113:1
suburb [1] - 1134:5
success [1] - 1090:1
succinct [1] 1195:15
sudden [2] 1165:19, 1191:6
suffix [1] - 1125:21
suggestions [1] 1112:6
suicides [1] 1104:16
suitability [1] 1094:18
Suite [2] - 1075:7,
1075:20
suites [1] - 1160:23
Sullivan [1] 1081:12
summer [1] 1132:10
summoned [1] 1181:1
sung [1] - 1141:16
super [2] - 1077:12,
1077:19
superiors [3] 1140:1, 1140:15,
1169:14
support [3] 1109:17, 1121:23,
1123:24
supported [1] 1101:19
supporters [1] 1126:22
supports [1] 1142:13
supposed [2] 1153:15, 1166:19
surrounding [3] 1192:15, 1193:6,
1193:12
surveyed [1] 1090:9
suspected [1] 1193:22
suspicion [1] 1196:15
sustain [1] - 1120:14
sustained [8] 1100:6, 1105:3,

1105:9, 1120:12,
1122:16, 1146:6,
1165:3, 1173:16
swap [1] - 1185:13
system [1] - 1180:15

T
table [2] - 1161:22,
1162:1
taboo [2] - 1142:14,
1157:23
Tai [1] - 1123:15
task [2] - 1119:10,
1119:11
taught [1] - 1157:22
teaches [1] - 1154:9
teaching [1] 1117:17
technical [4] 1095:19, 1095:24,
1096:17, 1104:2
technically [4] 1095:16, 1132:14,
1136:19, 1147:24
techniques [2] 1148:10, 1148:14
temporary [1] 1117:11
tend [2] - 1106:21,
1106:25
tense [1] - 1143:22
tension [6] - 1086:6,
1086:18, 1089:9,
1090:21, 1091:4,
1091:9
term [8] - 1089:20,
1103:25, 1104:2,
1104:3, 1109:17,
1116:13, 1119:10,
1167:3
terminated [1] 1187:22
terms [5] - 1080:25,
1121:13, 1123:17,
1178:21, 1196:7
test [15] - 1128:13,
1152:4, 1152:14,
1152:19, 1153:3,
1153:8, 1153:11,
1153:12, 1153:13,
1153:14, 1153:15,
1153:17, 1153:19,
1153:21
tested [2] - 1152:1,
1154:5
testified [24] 1079:12, 1079:25,
1080:3, 1081:9,

Case Name/number

1081:14, 1081:17,
1081:22, 1082:7,
1082:12, 1082:15,
1082:21, 1083:9,
1083:13, 1083:14,
1084:10, 1089:9,
1091:9, 1091:22,
1103:23, 1107:13,
1142:17, 1142:19,
1173:25, 1174:4
testify [3] - 1081:18,
1083:19, 1091:4
testifying [2] 1081:16, 1165:8
testimony [30] 1080:16, 1081:6,
1083:17, 1084:8,
1084:16, 1085:16,
1086:4, 1086:16,
1088:2, 1093:4,
1093:7, 1093:19,
1103:6, 1109:24,
1114:6, 1114:10,
1115:15, 1118:11,
1119:3, 1119:5,
1119:18, 1120:23,
1122:23, 1123:11,
1125:12, 1126:4,
1163:20, 1165:9,
1174:1
testing [3] - 1131:13,
1137:5
thankfully [1] 1172:19
THE [109] - 1077:3,
1077:11, 1077:14,
1077:18, 1077:20,
1078:24, 1078:25,
1079:5, 1079:22,
1084:23, 1084:24,
1089:2, 1096:8,
1096:10, 1096:20,
1097:24, 1098:8,
1098:10, 1098:11,
1098:14, 1098:16,
1099:9, 1100:4,
1100:6, 1104:25,
1105:3, 1105:9,
1109:5, 1110:16,
1110:24, 1120:12,
1120:13, 1120:14,
1121:1, 1121:3,
1121:6, 1121:7,
1122:16, 1122:22,
1124:9, 1124:18,
1124:20, 1124:21,
1124:23, 1124:24,
1125:2, 1125:5,
1125:9, 1125:12,
1125:16, 1125:17,

date

1125:19, 1125:22,
1126:1, 1126:9,
1126:12, 1131:20,
1135:21, 1135:23,
1139:1, 1142:16,
1146:6, 1153:24,
1154:3, 1154:4,
1154:5, 1154:10,
1155:21, 1155:23,
1159:12, 1159:15,
1159:17, 1159:22,
1159:25, 1160:15,
1160:20, 1160:22,
1160:25, 1161:5,
1161:6, 1161:7,
1163:22, 1164:1,
1164:5, 1164:8,
1165:3, 1165:8,
1168:16, 1168:20,
1169:9, 1169:16,
1170:2, 1170:7,
1173:16, 1173:25,
1176:20, 1177:3,
1177:23, 1177:25,
1179:13, 1181:6,
1182:9, 1183:18,
1183:23, 1186:22,
1190:9, 1195:9,
1195:14, 1197:17
themselves [1] 1128:9
therefore [2] 1116:13, 1192:23
third [6] - 1108:4,
1108:7, 1108:14,
1108:21, 1108:23,
1134:18
third-party [4] 1108:4, 1108:7,
1108:21, 1108:23
three [6] - 1129:2,
1147:19, 1155:10,
1155:13, 1158:17,
1158:24
throughout [4] 1128:9, 1187:14,
1192:14, 1196:17
throw [2] - 1152:23,
1167:25
thrown [2] - 1152:18,
1153:10
Thursday [1] 1192:6
tied [1] - 1122:23
tired [1] - 1106:8
title [1] - 1093:20
today [10] - 1102:9,
1105:5, 1108:20,
1109:2, 1115:24,
1117:6, 1119:1,

23

1119:2, 1121:10,
1197:18
together [11] 1083:5, 1083:7,
1141:5, 1149:10,
1149:14, 1152:17,
1162:11, 1162:25,
1184:18, 1190:2,
1192:11
toilet [6] - 1159:2,
1159:3, 1159:4,
1159:5, 1159:7,
1159:8
toilets [1] - 1155:8
tolerate [1] - 1141:25
tolerated [1] 1141:24
tomorrow [1] 1197:21
tone [1] - 1141:19
tongue [1] - 1195:25
Tonkin [1] - 1117:18
took [13] - 1127:24,
1128:17, 1129:23,
1130:2, 1130:5,
1131:8, 1162:9,
1170:10, 1170:15,
1178:21, 1181:23,
1193:17
tool [5] - 1110:5,
1110:6, 1110:10,
1110:11, 1141:17
top [5] - 1114:6,
1116:8, 1116:11,
1118:12, 1175:14
topic [5] - 1102:15,
1141:3, 1194:25,
1195:1, 1195:16
total [2] - 1137:14,
1137:19
touch [2] - 1171:15,
1171:19
tough [1] - 1143:24
tougher [1] 1143:24
toward [2] - 1178:12,
1192:5
towards [8] - 1090:3,
1110:2, 1140:24,
1141:22, 1141:23,
1143:5, 1164:12,
1176:12
towel [2] - 1155:24,
1157:4
train [5] - 1144:2,
1145:20, 1145:22,
1145:23, 1150:15
trained [6] - 1085:4,
1147:3, 1147:13,
1149:7, 1149:18,

1161:24
trainees [1] 1149:13
training [27] 1084:11, 1085:17,
1085:21, 1099:19,
1134:17, 1137:9,
1137:15, 1137:19,
1141:6, 1145:24,
1147:17, 1147:19,
1148:5, 1148:12,
1148:14, 1148:17,
1148:19, 1149:9,
1149:14, 1150:23,
1150:25, 1151:10,
1154:13, 1158:5,
1158:7, 1158:12,
1166:4
trains [1] - 1147:10
transcript [3] 1077:8, 1077:16,
1111:19
transfer [5] 1148:15, 1148:24,
1149:2, 1149:22,
1149:24
transfusions [1] 1116:5
translation [1] 1153:1
translation-type [1] 1153:1
translators [1] 1109:22
transported [1] 1137:8
treat [1] - 1085:18
trended [1] - 1105:20
trial [1] - 1197:20
tried [4] - 1118:23,
1168:3, 1190:3,
1192:8
trip [1] - 1144:10
trips [1] - 1152:2
troops [4] - 1116:5,
1119:24, 1120:4,
1126:21
trouble [2] - 1166:14,
1174:22
true [5] - 1099:22,
1114:20, 1115:9,
1179:5, 1186:13
Truman [2] 1117:15, 1117:21
truth [3] - 1125:14
try [16] - 1104:18,
1133:15, 1156:10,
1162:11, 1166:16,
1167:5, 1167:7,
1176:3, 1176:7,

1180:10, 1188:3,
1192:11, 1193:4,
1195:14, 1196:15
trying [6] - 1084:24,
1132:17, 1157:9,
1172:19, 1174:17,
1180:10
Tuesday [3] 1077:1, 1147:20,
1148:4
turn [4] - 1096:4,
1100:1, 1102:12,
1181:17
turned [2] - 1123:18,
1191:25
turns [1] - 1107:4
two [44] - 1077:8,
1077:9, 1080:20,
1113:7, 1113:18,
1117:17, 1122:6,
1129:16, 1137:3,
1137:17, 1137:21,
1144:11, 1145:22,
1148:9, 1149:13,
1151:3, 1155:12,
1156:6, 1158:15,
1158:19, 1158:22,
1158:23, 1159:1,
1160:5, 1160:11,
1162:17, 1171:24,
1175:11, 1175:13,
1180:21, 1180:24,
1184:7, 1184:15,
1187:15, 1188:23,
1189:25, 1190:2,
1190:5, 1190:24,
1191:15, 1192:22
two-month [3] 1184:15, 1187:15,
1191:15
two-person [3] 1158:19, 1158:23,
1160:5
two-week [1] 1137:21
tying [1] - 1156:21
type [5] - 1116:21,
1118:17, 1141:4,
1153:1, 1157:7
types [4] - 1140:20,
1140:21, 1140:22,
1142:21

U
U.S [3] - 1082:7,
1082:20, 1147:11
ubiquitous [1] 1140:14
ultimately [4] -

Case Name/number

1103:16, 1131:17,
1166:9, 1170:9
unacceptable [1] 1103:19
UNC [1] - 1131:15
uncertainty [1] 1117:14
unchanged [1] 1101:18
Under [5] - 1094:6,
1094:15, 1097:2,
1097:9, 1112:18
under [12] - 1105:19,
1106:4, 1106:17,
1107:14, 1108:4,
1108:17, 1114:25,
1139:12, 1156:6,
1171:23, 1187:12,
1196:8
undergrad [2] 1197:6, 1197:16
undermine [8] 1078:6, 1078:19,
1079:16, 1089:10,
1090:21, 1093:23,
1115:13, 1117:1
understood [5] 1108:10, 1139:11,
1168:7, 1173:5,
1188:16
undress [1] 1157:21
undressed [1] 1157:15
undressing [1] 1157:24
unemployment [1] 1106:1
unequivocally [1] 1163:16
uniform [1] - 1180:4
uninhabited [2] 1184:23, 1184:25
unintentionally [1] 1162:22
unisex [4] - 1160:9,
1160:11, 1160:17
unit [60] - 1080:1,
1080:4, 1080:7,
1080:17, 1081:1,
1081:6, 1081:10,
1081:14, 1081:18,
1081:22, 1082:13,
1082:16, 1083:10,
1083:18, 1086:6,
1086:17, 1089:11,
1090:8, 1090:11,
1090:22, 1091:5,
1091:10, 1091:17,
1092:2, 1092:12,

date

1103:3, 1103:20,
1114:24, 1115:13,
1115:21, 1116:13,
1117:1, 1119:6,
1119:20, 1141:5,
1149:7, 1149:17,
1149:23, 1162:15,
1164:10, 1165:21,
1166:20, 1166:21,
1167:12, 1167:18,
1168:5, 1168:8,
1170:13, 1170:14,
1171:10, 1171:16,
1171:17, 1175:16,
1182:14, 1182:15,
1184:24, 1188:19,
1193:18, 1193:24,
1194:4
unit's [1] - 1160:1
uNITED [1] - 1075:11
United [6] - 1126:18,
1126:19, 1126:20,
1126:22, 1127:2,
1127:5
UNITED [1] 1075:18
units [4] - 1090:10,
1090:11, 1116:3,
1141:6
University [14] 1103:2, 1103:10,
1103:12, 1111:25,
1129:10, 1129:14,
1129:18, 1130:11,
1130:25, 1132:3,
1132:4, 1132:8,
1197:5, 1197:8
unless [1] - 1114:2
unprecedented [1] 1174:20
unusual [1] 1152:14
up [66] - 1077:10,
1077:24, 1078:1,
1082:3, 1088:4,
1089:15, 1089:18,
1098:15, 1101:12,
1109:14, 1112:11,
1113:12, 1117:17,
1128:3, 1128:5,
1130:16, 1132:25,
1133:18, 1134:20,
1134:22, 1139:6,
1143:22, 1146:23,
1148:21, 1150:3,
1150:17, 1151:22,
1152:16, 1152:21,
1152:23, 1153:10,
1153:12, 1153:13,
1153:14, 1155:14,

24

1155:24, 1155:25,
1156:24, 1162:4,
1164:11, 1164:16,
1165:25, 1166:13,
1167:16, 1167:23,
1170:15, 1171:9,
1172:3, 1175:16,
1180:10, 1189:6,
1189:7, 1190:22,
1190:25, 1191:7,
1192:10, 1192:20,
1194:8, 1194:10,
1194:25, 1195:2,
1195:17, 1196:11,
1197:3, 1197:19
upper [4] - 1129:22,
1130:1, 1130:4
upper-level [3] 1129:22, 1130:1,
1130:4
uptick [2] - 1105:16,
1164:9
uttered [1] - 1140:1
utterly [1] - 1189:12

V
vague [2] - 1155:20,
1161:1
valid [1] - 1099:14
valor [1] - 1107:8
value [1] - 1145:13
values [2] - 1088:21,
1116:19
various [3] 1091:16, 1101:7,
1139:16
venerable [1] 1136:5
verbose [1] 1195:14
version [1] - 1138:13
veteran [1] - 1126:24
veterans [2] 1121:12, 1126:22
vetting [1] - 1111:13
view [14] - 1078:18,
1098:23, 1112:9,
1112:12, 1115:21,
1115:24, 1116:16,
1116:17, 1117:4,
1117:5, 1119:6,
1119:19, 1122:10,
1140:10
views [5] - 1083:24,
1103:17, 1121:20,
1121:23, 1123:5
Virginia [1] - 1075:20
virtually [1] - 1120:5

visit [1] - 1131:12


vocab [1] - 1104:4
vocabulary [3] 1130:17, 1152:20,
1152:25
voiced [1] - 1101:20
Volume [6] - 1111:3,
1118:4, 1175:4,
1185:13, 1185:14
volume [1] - 1178:5
volunteered [1] 1191:21
vote [2] - 1084:3,
1084:19
voted [2] - 1100:13,
1103:21

W
waist [1] - 1155:24
wait [4] - 1099:9,
1124:9, 1137:15,
1137:17
waiting [4] - 1148:1,
1148:24, 1154:14,
1154:17
waiver [3] - 1175:18,
1175:19
waivers [17] 1103:24, 1103:25,
1104:2, 1104:3,
1104:6, 1105:12,
1105:17, 1105:24,
1106:2, 1106:21,
1106:22, 1106:24,
1107:1, 1107:7,
1107:8, 1107:10,
1107:11
walked [2] - 1132:15,
1132:18
Walker [1] - 1123:13
wall [1] - 1155:13
Waller [3] - 1081:22,
1081:25, 1082:7
walls [5] - 1155:9,
1155:10, 1155:12,
1155:13, 1158:24
Walter [2] - 1080:22,
1102:25
War [2] - 1117:17,
1133:1
war [4] - 1107:14,
1107:18, 1145:7,
1151:13
wars [1] - 1121:12
Washington [3] 1075:15, 1127:1,
1171:21
watch [2] - 1164:24,

1166:1
water [2] - 1156:6,
1156:11
ways [4] - 1138:17,
1149:9, 1193:4,
1197:2
weapons [2] 1109:22, 1115:6
week [8] - 1083:3,
1137:17, 1137:19,
1137:21, 1190:13,
1191:2, 1191:14,
1192:5
weekend [3] 1147:18, 1191:24,
1192:4
weeks [9] - 1135:15,
1137:14, 1137:19,
1144:11, 1148:7,
1148:17, 1148:22,
1157:13, 1164:9
welcome [1] 1124:21
West [1] - 1075:6
west [1] - 1134:6
Western [1] 1127:16
wet [2] - 1156:7,
1157:10
whatsoever [1] 1088:8
whereas [2] 1147:3, 1157:24
WHITE [1] - 1075:4
whole [6] - 1125:14,
1156:16, 1156:17,
1157:1, 1189:3,
1189:5
wholeheartedly [1] 1078:21
widen [1] - 1109:19
William [3] - 1080:6,
1102:23, 1113:6
willing [1] - 1119:15
win [1] - 1107:8
wing [5] - 1155:2,
1160:1, 1161:4,
1184:25
wish [3] - 1110:9,
1169:10, 1169:21
withdraw [1] 1184:13
WITNESS [31] 1076:6, 1076:11,
1078:25, 1079:22,
1084:24, 1089:2,
1096:20, 1098:8,
1098:11, 1098:16,
1120:13, 1121:3,
1121:7, 1124:20,

Case Name/number

1124:24, 1125:16,
1125:19, 1135:23,
1154:3, 1154:5,
1155:23, 1159:17,
1159:25, 1160:20,
1160:25, 1161:6,
1164:8, 1168:20,
1170:7, 1177:25,
1195:14
witness [13] 1077:7, 1078:23,
1104:24, 1122:18,
1125:2, 1125:9,
1139:4, 1142:17,
1142:19, 1154:1,
1182:7, 1197:18,
1197:24
witness's [1] 1168:17
witnesses [2] 1084:8, 1101:20
woman [3] 1113:12, 1113:15,
1141:10
women [31] - 1078:5,
1079:15, 1082:25,
1086:22, 1087:1,
1087:3, 1087:14,
1087:16, 1087:20,
1087:24, 1088:10,
1089:5, 1090:11,
1090:16, 1109:15,
1115:1, 1116:2,
1119:12, 1122:2,
1140:20, 1140:24,
1141:18, 1141:22,
1141:25, 1143:6,
1157:19, 1159:9,
1159:20, 1159:25,
1160:2, 1160:8
women's [1] 1087:22
Woods [1] - 1075:5
WOODS [1] - 1125:3
word [5] - 1091:12,
1118:15, 1138:16,
1181:8, 1181:11
wording [1] - 1118:6
words [5] - 1083:7,
1118:8, 1118:9,
1138:13, 1166:25
workday [1] - 1148:3
workers [2] - 1083:7,
1085:5
worms [1] - 1189:6
worried [1] - 1167:15
worry [3] - 1153:17,
1153:18, 1163:14
worry' [1] - 1163:13
writing [6] - 1161:13,

date

1161:16, 1161:21,
1161:23, 1162:19,
1188:20
written [2] - 1144:25,
1168:9
wrote [2] - 1080:13,
1178:25
Wu [1] - 1123:15
Wu-Tai [1] - 1123:15

Y
year [27] - 1123:13,
1127:13, 1128:15,
1128:19, 1129:12,
1129:21, 1129:22,
1130:2, 1130:3,
1130:11, 1130:24,
1131:2, 1131:6,
1131:9, 1131:15,
1131:18, 1131:21,
1131:24, 1132:2,
1132:4, 1133:19,
1134:24, 1134:25,
1135:7, 1161:16,
1193:11
years [22] - 1091:12,
1094:11, 1094:14,
1107:3, 1117:3,
1118:24, 1127:12,
1127:24, 1127:25,
1133:3, 1133:11,
1136:13, 1146:20,
1151:3, 1165:14,
1180:11, 1191:17,
1192:17, 1192:22,
1193:7, 1193:9,
1193:17
yelled [6] - 1141:15,
1141:16, 1155:24,
1156:8, 1156:12,
1156:25
yellow [1] - 1089:18
you' [1] - 1163:13
young [1] - 1180:14
yourself [1] 1166:10