All charges in WikiLeaks case stand

LSN80

King Of The Ring
In a case that has intrigued me greatly for some time, Army Intelligence Analyst Bradley Manning faces the same charges he initially faced- Aiding the enemy, Wrongfully causing intelligence to be published on the Internet, Transmitting national defense information and Theft of public property or records- when he was charged in December. Personally, I've yet to see a case where the reaction by both government and civilian alike has been so vastly different. But more on that later.

http://www.cnn.com/2012/04/26/justice/manning-wikileaks-case/index.html?hpt=ju_c2

Manning was arrested in May 2010 after it was discovered in online chats that Manning had passed sensitive material to WikiLeaks. It was the largest amount of sensitive material ever leaked to the public, and included videos of a July 2007 Baghdad airstrike and a May 2009 Granai airstrike in Afghanistan, and also included 500,000 army reports about the wars in Iraq and Afghanistan. Supporters of Manning claim that what he leaked were intense cover-ups.

The first item Manning supposedly uncovered and released was an "official" policy to ignore torture in Iraq. Medical evidence detailed how prisoners had been whipped with heavy cables across the feet, hung from ceiling hooks, suffered holes being bored into their legs with electric drills, urinated upon, and sexually assaulted. In the leaks Manning sent, there was discovered an order implemented in 2004 not to investigate allegations of abuse against the Iraqi government., which is in direct violation of the UN Convention Against Torture.

The second item uncovered is that U.S. officials were told to cover up evidence of child abuse by contractors in Afghanistan. DynCorp — a powerful defense contracting firm that claims almost $2 billion per year in revenue from U.S. tax dollars — threw a party for Afghan security recruits featuring boys purchased from child traffickers for entertainment. DynCorp had previously faced human trafficking charges before this incident took place.

Other supposed conspiracies that were supposedly leaked by Manning to WikiLeaks include "evidence" that Guantanamo prison is used primarily to imprison mostly innocent people and low-level operatives, the fact that there is an official tally of civilian deaths in Iraq and Afghanistan, and that President Obama has authorized a secret drone bombing campaign in Yemen. Manning has been lauded for uncovering so mucb "corruption" that he's been nominated for Nobel Peace Prizes in 2011 and 2012.

However, the judge in the case isn't buying into Manning as a hero, at least not in his ruling on Thursday. The major criticism of Manning is that he placed the lives of American soldiers and Afghan informants in danger. Col. Denise Lind, the judge in the case, said the following in denying Manning's request that some of the charges against him be consolidated, as they were duplicates, and that the most serious charge Aiding The Enemy, be thrown out:

"He knowingly (gave) intelligence to the enemy, through indirect means. Aiding the enemy has been a violation of every military code since 1775. Yhe charge is not unconstitutionally vague and is not unconstitutionally broad, as defense council has argued"

This has been the lynchpin of the prosecutions argument against Manning. Intentions and damage aside, the possibility did exist that the information leaked could have put lives in danger due to Manning giving information to the enemy. The fact that little to no danger- which the defense has argued- occurred is irrelevant to the charges at hand. Manning has been painted as a profoundly unhappy Army soldier due to "Dont Ask, Dont Tell"(Manning is openly gay), and abuse he supposedly suffered during training due to his size, both physical and emotional. Manning faces life in prison if convicted.

For two reasons, Manning's lawyer David Coombs had requested that the "aiding the enemy" charge be dropped.

First, the prosecution failed to show intent in the way the charge is worded. The charge is alarming in its scope. If the judge is to accept the prosecution's argument accepted the government's argument, no soldier would ever be comfortable saying anything to any news reporter. If accepted, they could even be charged after posting something on a family member's Facebook page.

Second,the charge is so vague and broad that it's unconstitutional.

As previously noted, the judge has rejected the motions, stating that aiding the enemy has been a violation of military code for 200 years, and that the charges are specific. She also denied the motion that some of the specifications of the second charge,(sixteen in all) wrongfully causing intelligence to be published on the Internet, which carry ten years apiece, be thrown out due to being similar. She ruled that they were seperate specifications, and all charges would stand.

Manning's trial is scheduled to start on September 21st. He has yet to enter a plea, nor has he decided on whether his trial will be by jury, or by judge.

I've rarely seen a case where people are so divided on him. Personally, he broke the law, and he deserves to do time and be discharged dishonorably for it. He was in a position of power, somewhat, and he used that positon to leak sensitive material. Regardless of his intention, or what was included inside, he broke the law, and potentially put lives in danger. But life in prison? Just going too far.

However, if what he leaked is true, there's something to be said for that. I DO think motivation is important here, although it appears as if it wont be a factor. I don't think he's a traitor, nor do I think he was trying to endanger lives. He was simply a guy who got in over his head, and possibly thought he was doing the right thing. His mental status needs to be considered as well, IMO.


Free Manning, send him away for life, or something in between?

All other thoughts on this case are welcomed and encouraged.
 
The stated mission of Wikileaks is: "We are of assistance to peoples of all countries who wish to reveal unethical behavior in their governments and institutions. We aim for maximum political impact."

Okay, terrific. When people talk about freedom of speech, they often miss an important point; they mistake the term "free speech" with "speech free of consequences." They figure they can journalistically hit whomever they want but not get hit in return.......figuring they're protected from retribution by their constitutional right to free speech. Wrong!

The fact that you can say what you want doesn't provide protection against return fire from your target.....and when your target is the U.S. government ....and in particular the U.S. Army...... you should understand that your constitutional right to free speech isn't enough to shield you from retribution. If you have a right to your opinion (and especially if you choose to express that opinion in a vehicle that can be viewed worldwide) then the other side has rights, too......and if they choose to exercise those rights, you might find yourself in the position Manning is in now.

I'm not even addressing whether what Manning posted is harmful to the country or not; that's going to be the province of lawyers and the courts. I'm just saying that if Manning expected to air something like this and have no one hit him back, he's either delusional or stupid.

In the meantime, the OP asks what kind of sentence Manning should get if the system finds against him. Again, that's in the legal arena now and when one fights the entity he's chosen to go against, no one should be surprised if he spends the rest of his life behind bars.
 
Regardless of whether the information was harmful or not, according to the law, Daniel Manning committed treason against the United States of America by stealing classified information and handing it over to a private citizen of another country. I think life in prison would be Manning being let off easy, when you consider that being found guilty of treason is a capital offense. Manning is damn lucky that the prosecution decided not to pursue the death penalty, although they would have been perfectly within their legal rights to do so. If he gets life in prison, he should be thankful.

There is simply no way to explain away a US Army Private stealing classified information from the US Army and then distributing that stolen classified information to a foreign national as being anything other than espionage.

It might be a little different, and I might have a slightly softer tone, had Private Manning given the information to an American journalist of some sort instead of Julian Assange. It would still have been the outright theft of classified military documents, but by giving that data to an American journalist, and not a foreign national, it might not be considered treason/espionage like it is. The biggest problem for Manning is not what he stole, it's who he gave that stolen data to. The fact that Assange is not American is a BIG problem for Manning's defense as a so-called whistleblower. Whistleblowers don't give the data to foreign nationals, spies do.
 
There is simply no way to explain away a US Army Private stealing classified information from the US Army and then distributing that stolen classified information to a foreign national as being anything other than espionage.

I may be wrong here and feel free to correct me but if by doing so he's exposing criminal behaviour or war crimes international law is on his side.
I've said it from the start of this but I take his side, especially after the way he's been treated since being detained. A man's loyalty should firstly be to doing the right thing, not to one nation looking after it's own self interests.
If you (not you personally) want to execute a guy for telling the truth and exposing moral hypocrisy, you're no better than China, Russia or any other despot country.
 

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