Manning, 23, could face the death penalty or life in prison if he goes to trial and is found guilty of all charges related to the alleged leaking of hundreds of thousands of secret U.S. documents.
His attorney said Army Lt. Col. Paul Almanza, a reservist who also works for the Justice Department, could not be unbiased, citing that department’s ongoing investigation of WikiLeaks co-founder Julian Assange.
“That simple fact alone, without anything else, would cause a reasonable person to say, ‘I question your impartiality,’ ” the attorney, David E. Coombs, told Almanza, who works in the child exploitation unit of the Justice Department.
Almanza, formally known as the investigating officer in the hearing, rejected a request for recusal after considering it during a recess. He said his unit has no involvement in the case or in national security issues.
“I do not believe a reasonable person, knowing all the circumstances, would be led to the conclusion that my impartiality would be reasonably questioned,” he said. “I thus deny the defense request to recuse myself.”
Coombs then moved to file a writ with the Army Court of Criminal Appeals to stay the proceedings until a decision can be made on whether Almanza should continue to preside. The hearing can proceed while the appeals court weighs the request, military law experts said.
During the hearing, in a military courtroom at Fort Meade, Manning sat calmly at the defense table, watching his attorney intently and occasionally taking notes. Sporting close-cropped hair, Army fatigues and prison-issue, dark-rimmed glasses, he spoke only to answer brief questions regarding his rights and the charges.
Just minutes into the hearing, his civilian defense lawyer David E Coombs asked the investigating officer, Lt. Col Paul Almanza, to recuse himself from the proceedings as he was "biased." The session went into recess soon after.
FOX News said Mr Coombs claimed Col Almanza had bias due to his role as a prosecutor with the Department of Justice, which wants to prosecute WikiLeaks founder Julian Assange.
He also said Col Almanza unfairly denied all but two of the 38 witnesses the defense requested that were not in common with the government. Thirdly, Mr Coombs said that the defense was at a disadvantage because the trial was made open to the media.
Finally, Mr Coombs claimed the prosecution delayed the trial in the hope that damage resulting from the leaked documents would become apparent to the public. But, Mr Coombs said, that never happened. "Where's the damage?" Mr Coombs said. "Where's the harm?"
The hearing, which will assess whether the case should go to a general court martial, is expected to run through the weekend and potentially into next week.
Private Manning was charged in March with multiple criminal charges, including aiding the enemy. If convicted, he could be sentenced to life imprisonment. The US Government has said it would not seek the death penalty.
Supporters of Private Manning rallied behind a fighting fund that raised close to half a million dollars to pay for his defense. They are planning to hold a vigil Friday and a rally Saturday outside the military court.
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