Manning hit with new charges; could face death penalty 'Aiding the enemy' is most serious of 22 new

[kpete]

Source: MSNBC

Manning hit with new charges; could face death penalty
'Aiding the enemy' is most serious of 22 new counts filed against private in WikiLeaks case


WASHINGTON — Following an intensive seven-month investigation, the Army on Wednesday filed 22 additional charges against Pfc. Bradley Manning, accused of illegally downloading tens of thousands of classified U.S. military and State Department documents that were then publicly released by WikiLeaks, military officials tell NBC News.

The most serious of the new charges is "aiding the enemy," a capital offense which carries a potential death sentence.

Pentagon and military officials say some of the classified information released by WikiLeaks contained the names of informants and others who had cooperated with U.S military forces in Afghanistan, endangering their lives. According to the officials, the U.S. military rounded up many of those named and brought them into their bases for their own protection. But, according to one military official, "We didn't get them all." Military officials tell NBC News, a small number of them have still have not been found.

Manning, 23, was first charged on July 6, 2010, with illegally downloading and transferring defense information to an "unauthorized source," when he worked as a military intelligence analyst in Baghdad. He was also charged with obtaining 150,000 classified State Department cables, many of which were also eventually released by WikiLeaks.

Read more: http://www.msnbc.msn.com/id/41876046/ns/us_news-security/

[hlthe2b]

1. sigh....

I don't know what else to say.

[efhmc]

2. This is ridiculous and wrong.

[pasto76]

15. um not really

If there were indeed names of confidential informants in stuff he released. It's along the same lines as when Valerie Plame was put up in the news. Ive put the bodies of cooperative Iraqis in bags after they were murdered.

In the broad stroke, I support PFC Manning. I support the whistleblowing that has shed light on a lot of stuff. But the devil is in the details. Look for his sentencing to be severe.

sgt p

[frylock]

19. and what happened to the person who leaked the identity of plame?

[Kurmudgeon]

63. Not enough...

[EFerrari]

42. Gates has already said no one has been harmed.

This is ridiculous and wrong.

And if he is sentenced, it will be because the rule of law in this country is a joke any more. He's been in punitive pre=trial detention for what, six months now? A joke.

[Robb]

59. Wrong. Gates said they weren't *aware* of anyone harmed.

Specifically, "The review to date has not revealed any sensitive intelligence sources and methods compromised by this disclosure.”

This article expands on that notion, in noting some of the people named in the original leaks are missing.

Yes, they could be on vacation. :eyes:

The rule of law in this country is working fine in this case. If he did it, Manning may have had a moral component that guided his actions. But those actions were still against the law.

[EFerrari]

70. No, Robb, that's wrong. Punitive pre-trial detention is illegal. n/t

[Robb]

71. I disagree. Whales should be protected by international law, no matter what Japan says.

Also, you were incorrect about what Gates actually said. :hi:

[EFerrari]

76. Gates nor anyone else can produce a single name

of any US collaborator that has been harmed.

:)

[MikeW]

81. the wont in public but that doesnt mean they dont exist.

The names of intelligence agents are never released even after death, they just get blank stars.

Just because the government doesn't release the names to you (LOL) doesn't mean they dont exist.

Most likely any discussions will occur during a closed trial.

Those names if they exist would still be classified material and their release even if deceased might put others in jeopardy.

Manning knew what he was getting himself into when he took the information EVERY soldier knows the consequences of

releasing that info, they are trained on it.

Truth is that no one in the general public will EVER know the true gravity of what Manning did.

[xchrom]

3. our government is taking LSD. nt

[timtom]

54. The people of America should be so lucky.

We would then, most certainly, get a more moral and responsible government.

[glinda]

77. I keep calling for outside party drug testing for POTUS and others. People think I am kidding.

[plumbob]

83. I know! I've done the same and people just smile at me.

I mean it! I want outside party drug testing for every elected official in the US government and every staff member above the bottom 8 grades of GS ratings.

[DirkGently]

4. All this creative effort to destroy Manning, who harmed no one. None for HBGary, plotting to defame

and smear enemies of BOA and the Chamber of Commerce.

Nice set of priorities, there, Mr. Holder.

[Dogmudgeon]

41. This isn't Holder's case

It's entirely the Army's jurisdiction.

--d!

[DirkGently]

43. Uh huh. And Holder has made DOJ's position on Manning crystal clear.

[slay]

5. Another proud moment in current American history

do i really need to put in the :sarcasm: tag? guess so. seriously though - the USA sucks right now - nobody cares about the people, those in power only care about acquiring MORE power and wealth - fuck the rest of us. People who try to expose the bullshit in up in prison - or worse (Dr. David Kelly). I hope the revolution occurs sooner than later. Sigh.. :(

[Gregorian]

6. The military is prehistoric. "Enemy"? Get out of here. And we're paying for this shit.

Fuck the military.

edit- I guess I should be more realistic and less histrionic. I seriously doubt they are going to actually execute Manning. But they may end up with him dead. He is a hero to many many Americans. I guess more tragic things have happened under military law.

edit 2- This may actually help his case get publicity. So maybe this news isn't all bad.

[Dawson Leery]

51. I have never advocated anyone to join the military.

It's not worth it to be used for cannon fodder for imperial ventures.

[Gregorian]

52. My great uncles were the first CO's in WW2

I even find it a little odd, given we were supposedly fighting fascism. But that's how it works. Not that I'm saying Hitler was part of a plan. It's like seat belt laws. Gee, you'd be crazy not to.

I just won't go to a war. Even if they come to me.

I don't know. I feel like I'm just typing blather. It just seems like a human trait to kill. I want to do better.

[mwrguy]

7. He should get a medal, not charges

This is how America treat her real heroes.

[Ikonoklast]

11. These charges were brought because intelligence assets are NOW DEAD.

Because of Manning.

DEAD.

[DCKit]

18. Who is dead? I need names.

And what's the penalty for killing civilians? The nine boys killed while gathering firewood? The other 100K in Iraq and other casualties in Afghanistan?

[frylock]

21. you have irrefutable proof of that?

links?

[Bragi]

50. Or ANY sources or citations at all? /nt

[frylock]

still waiting on that list of DEAD people that manning killed..

take your time. i'll be checking back periodically.

[tblue37]

45. Nice try. Def. Sec. Gates said no real harm came from the leaks. nt

[Nihil]

56. Well, all he needs to do - according to his commander's example - is apologise.

Kill random civilians? Just dodge, bleat & whinge for a while then, grudgingly,
say a half-hearted "Sorry, sh*t happens".

(Note that this took your blatant lies of "NOW DEAD" & "DEAD" at face value.)

[fittosurvive]

60. A Private does not have the authority to determine whether or not to release

classified information.

One of the conditions for receiving his security clearance was to give his word that he would not do what did. He is in breach of that agreement and accordingly, he will bear the consequences of his actions. These are not the actions of a hero.

Fortunately, the US Army will determine the outcome of this matter.

[WingDinger]

8. He has but one defense. It was war crimes, and I was scared to be allied. So I acted.

Other than that, he is toast. But, it is true. So, go for it.

[firehorse]

9. Wall Street crooks like Madoff don't face the death penalties

even though they ruin more americans lives.

[jwirr]

10. How exactly did he aid the enemy? From what I have read there have

been few if any repercussions from what has been released so far. Unless they are calling us the enemy?

[DRex]

12. Well, I can't see them being able to prove anything....

on the "aiding the enemy" charge, because leaking documents to a journalist is no such thing, and could only be construed as such through a great stretch of unreason.

I once would have thought to find an ally in Obama on an issue like this. He continues to tread very lightly on the issues that matter to the people who elected him. Let's be honest, he continues to backpedal on what he purported to be. Maybe he'll step in, just before Abraham's knife descends, to spare Manning's life just in time to earn the cheers of progressives, while making sure that every serviceman and servicewoman sees the months of solitary confinement and closeness to death Manning experienced, lest they get any ideas themselves...

sigh...

[Smarmie Doofus]

13. +1. Yet we are awash in it. ( i.e. unreason) n/t

>>>>n the "aiding the enemy" charge, because leaking documents to a journalist is no such thing, and could only be construed as such through a great stretch of unreason. >>>>

[bongbong]

14. We're in full Banana Republic mode now

We always heard the reports that dissidents in other countries were jailed and/or executed for trumped up charges. Usually something like "threatening the Motherland's security". Now we've reached that wonderful stage here.

USA! USA! USA!

[krabigirl]

74. Yep.

[msongs]

16. without a congessional declaration of war there is NO "enemy" nt

[Crabby Appleton]

46. UCMJ Manual for Courts-Martial

definition of "enemy" under Article 104:

23(b) Enemy. “Enemy” includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or a band of renegades, and includes civilians as well as members of military organizations. “Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and all the citizens of the other.

[mike_c]

17. Manning is a hero and I stand with him....

The U.S. military neither represents nor defends MY interests.

[krabigirl]

73. Me too. +1

[somone]

20. Daniel Ellsberg never spent a day in jail for leaking the Pentagon Papers

and this administration is trying so hard to ensure Manning will never walk a free man again

[bluevoter4life]

22. Manning hit with new charges; could face death penalty

Source: MSNBC

WASHINGTON — Following an intensive seven-month investigation, the Army on Wednesday filed 22 additional charges against Pfc. Bradley Manning, accused of illegally downloading tens of thousands of classified U.S. military and State Department documents that were then publicly released by WikiLeaks, military officials tell NBC News.

The most serious of the new charges is "aiding the enemy," a capital offense which carries a potential death sentence.

Pentagon and military officials say some of the classified information released by WikiLeaks contained the names of informants and others who had cooperated with U.S. military forces in Afghanistan, endangering their lives. According to the officials, the U.S. military rounded up many of those named and brought them into their bases for their own protection. But, according to one military official, "We didn't get them all." Military officials tell NBC News, a small number of them have still have not been found.

Manning's lawyer, David. E. Coombs, did not immediately return a call from msnbc.com for comment.

Read more: http://www.msnbc.msn.com/id/41876046/ns/us_news-security/

---

W.T.F.??????? I've never worn a uniform, and I may be wrong, but isn't a core principle of the military is the ability to know right from wrong, and to let good triumph over evil??? Even if that means defying orders from a superior?

[Moondog]

23. Ummm. No.

And I have worn a uniform.

[KansDem]

24. Yet, Bush and Cheney can "aid the enemy" by outing a covert CIA agent

...working on searching out intelligence on Iraq's weapon's of mass destruction (which we know he didn't have--Hey! You think that's why she was exposed?).

And they walk free...

[Kennah]

25. Before defying an unlawful order ...

... one had better damned well be ready to testify it was an unlawful order, since one likely will be testifying at one's own court martial.

[villager]

26. he should take comfort knowing it will a hopeful, change-filled kind of death

...under this commander-in-chief.

Entirely different than the outrageous kind of murder it would have been, under the previous administration.

[elias49]

27. It's all about Obama then?

Jeez.

[villager]

28. it's all about what's indistinguishable between the previous administration and this one.

"Jeez" doesn't even begin to describe it.

[Kelvin Mace]

31. Agreed

Obama is after whistle-blowers, and now has raised the ante to execution.

Way to stand up for "hope and change".

Same song, different tune.

[girl gone mad]

30. Yes, it is.

Right now Obama's Justice Department is ignoring widespread, rampant crimes on Wall Street and in the Pentagon, while Holder scours the law books for some arcane provision for which they can charge Julian Assange.

This country is beyond fucked and Obama's extreme corporatist views and oligarchical collectivist policies are taking us down.

[Kelvin Mace]

32. This is yet another nail in his political coffin

I guess he has reached the conclusion that those of us on the Left who take civil rights seriously can only "not vote for him" once.

[Kurmudgeon]

78. I'm sure you'll enjoy President Palin or President Jeb.

It sucks voting for the lesser of 2 evils some times, but it does prevent the greater evil.
You go ahead and punish Obama though, I expect the next GOP administration will be as appreciative as you as the last one was.
I don't blame you for being upset, but don't shoot yourself or the Democrats in the foot to make a point. There's a bunch of people dead now in the Middle East and elsewhere that would have probably been alive today if Gore had been president.

[Rageneau]

29. Who's the enemy he aided? Germany? Japan? Vietnam?

[Kelvin Mace]

33. That would be "The Truth"

Apparently, as big an enemy to this administration as it was to the last.

[frylock]

34. home run

[EFerrari]

48. Us. Apparently we're the enemy in this scenario.

[hack89]

65. Taliban, al Queda, anyone else actively trying to kill American soldiers. nt

[struggle4progress]

38. I doubt he'll face a death sentence. But I expect he'll be face a long prison term.

Nobody in the military or national security world is going to turn a blind eye to a document release of the size that he allegedly engineered: if he's found guilty, they'll make an example of him

Unfortunately, there's no coherent "man driven by conscience" story here. If he'd released a hundred carefully-chosen documents to expose a particular wrong, and had done so to put that wrong before the public, prosecutors would still throw the book at him, but one could organize a support movement for "the man driven by conscience." But he's apparently suspected of releasing something like 250000 documents -- more than he could possibly have assessed or carefully selected. If he admits that gigantic release, the "man driven by conscience" narrative is untenable: the best one can do is "troubled youth tormented by inner demons"

[glinda]

35. Bush, Cheney, Rummie, Rove, BP, Kochs, Bankers, Big Pharma.........

[inwiththenew]

36. It appears that they are going to do everything in their power

to make an example of this guy. Sad but true.

[Poll_Blind]

37. They are doing a Padilla on him. It is part of their plan to drive him insane and then get...

...him to sign whatever they put in front of him.

PB

[timtom]

39. Complete and utter bullshit on the part of those calling it treason!

Actually, the man is a hero of the first order!

[Crabby Appleton]

40. Here's the new charge sheet

http://www.politico.com/static/PPM156_pfc_manning_additional_charge_sheet.html

[soryang]

44. The government screws up the pressure

This case is more potential embarrassment for the United States. Therefore, the additional charges are an attempt to intimidate the defendant and his counsel into a plea deal. Generally, the more charges and specifications referred to trial the more difficult the prosecution. The prosecution is forgetting the old Army saying, "keep it simple, stupid!" Stupid prefers to complicate matters when it is intimidated by political pressures. In any case, the article is wrong as the judge won't decide the sentence, the courts martial panel does after a finding of guilt and a sentencing hearing. An aiding the enemy charge would as all the others need to be first referred to courts-martial.

I think the aiding the enemy charge is wrong headed legally because "the enemy" as defined in my old manual don't exist in the Manning case. Who did he knowingly communicate with that meets the definition of enemy in the rules? Where is the specific intent?

The speedy trial issue is the technicality putting all the pressure on the US government. Manning has a substantial chance of getting the charges dismissed for a speedy trial violation by the government. The delay by the government at this point is unconscionable.

The Additional Charge III specifications, the relatively benign Art. 92 violations look like the ticket or hook for a plea deal.

[EFerrari]

49. To me, it looks like they've vitiated their case with pre-trial punitive detention

which is grounds for a dismissal.

This is dick swinging. And it's gross.

[siligut]

47. This is what happens when you mess with the powers that be

Let this be a lesson to you, keep your mouth shut and obey. Sad, disgusting, petty and ugly, but true.

[24601]

53. Unrec for poor reporting - neither UCMJ Articles 92 nor 134 allow

for the death penalty.

http://usmilitary.about.com/od/punitivearticles/a/mcm.htm

[Crabby Appleton]

57. Article 104 does, the most serious charge he faces

although the Army says they are not seeking the death penalty.

[soryang]

58. They've got a problem with 104

It's a specific intent crime and it looks to me like they've deviated from the standard recommended language in the charge with respect to specific intent.

The other versions of of the 18 USC 793 (espionage), 18 USC 641 (embezzlement?), and 18 USC 1030 (accessing a computer to commit espionage) have elemental problems for the prosecution.

I think this is what Coombs meant when he said he didn't think the charges would stick.

[Crabby Appleton]

61. I think the 104 charge will stick

I haven't heard what Coombs has to say about the newest charges, but

(5) Giving intelligence to the enemy.

(a) Nature of offense. Giving intelligence to the enemy is a particular case of corresponding with the enemy made more serious by the fact that the communication contains intelligence that may be useful to the enemy for any of the many reasons that make information valuable to belligerents. This intelligence may be conveyed by direct or indirect means.


(6) Communicating with the enemy.

(a) Nature of the offense. No unauthorized communication, correspondence, or intercourse with the enemy is permissible. The intent, content, and method of the communication, correspondence, or intercourse are immaterial. No response or receipt by the enemy is required. The offense is complete the moment the communication, correspondence, or intercourse issues from the accused. The communication, correspondence, or intercourse may be conveyed directly or indirectly.

[CJvR]

79. Just out of curiosity?

Wouldn't no6 make any blogging, posting or otherwise accessible internet activity by any member of the US military a crime? The enemy can read it afterall so it is communication, unintentional but still gossip is a treassure of intel for a pro.

[24601]

80. It's not as intuitive as is seems on its face. For legal proceedings,

it's not certain we have a legally-defined enemy absent a declaration of war. We technically are at "Authorized use of military force" which is not as encompassing as being at war. We haven't been at way since April 1952 when Congress officially ended our involvement in WWII. Yes, I know that hurts the feelings of those who claim Afghanistan has been our longest war - but facts are stubborn things and words have precise meanings.

In any case, it would have to be tested in the courts and that won't happen since the death penalty apparently isn't on the table.

[msanthrope]

62. Could you be more specific? Which element of 104 do you think requires

specific intent? Which unproven element, therefore, would work a failure on the charge and get a pretrial dismiss?

[soryang]

84. There is a requirement for specific intent in the model spec

They left it out on the actual 104 charge. I am however using an old manual. I'm dating myself. I don't know of any basis for a pretrial dismissal, except for the multiplicious nature of many of the charges. I'd type it out verbatim but I don't have my manual with me here at work.

Of course, the whole case should be dismissed with prejudice for the speedy trial delay and the unlawful imposition of punishment without trial. This will be "the" issue on appeal because it is dispositive and no one at the trial level will say the government is stalling but they are.

Believe me there are problems of proof with all the new charges. The Art 92 charges are an invitation to plea bargain. The other charges are a minefield for the prosecution. Lots of appellate issues will arise from the so called proof.

[lunatica]

55. I'm sure they're looking into those war crimes against humanity too

fuck!

[dpbrown]

64. So that makes the U.S. public knowing what their government is doing in their name "the enemy"?

The craziness overwhelms me.

[krabigirl]

75. The America public is " the enemy" to them.

[Roland99]

66. What enemy???

[GodlessBiker]

82. The truth.

[laylah]

67. This is wrong

on SO many levels! :mad:

Jenn

[Blue_Tires]

68. In few more weeks, the Army will have linked him to the 9-11 plot...

[white_wolf]

69. And yet Wall Street and Bush get off without so much as a slap on the wrist.

[Amonester]

85. they either sell books they didn't write or cash bonuses they never

deserved, but all is fine since they prolly send BIG check$ to pols.

all banana republics do it, this one's no different, only with more zeros on the checks.

[krabigirl]

72. Horrific. If he gets the death penalty, and no one protests (they won't)..that is scary.

I do think, for someone who committed an act of civil disobedience, that he should be prepared for some punishment..that's the way things go. But death? What is this, medieval England?

Culture of death.

[Rex]

86. I said way back when they would end up killing this kid. One way or another.

They will make an example out of Manning and publicly prove the MIC still is in control. Even if he was considered an 'enemy of the state', we wouldn't torture him...er...we shouldn't torture him.