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Legal Commentary

: TalkLeft

Government Adds 22 Charges Against Bradley Manning

By Jeralyn

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Private Bradley Manning's criminal case just got a lot more difficult. The Government has added 22 new charges, including one, aiding the enemy, that provides for a life sentence (Actually, it also could result in a death sentence, but the Government has said it won't seek the death penalty. How gracious of them.)

He was charged in May with 12 counts of illegally downloading and sharing classified material, including a secret video and military and diplomatic documents.

The new charges include allegations he used "unauthorized software on government computers to download classified information and to make intelligence available to "the enemy". [More...]

Here's what he's accused of leaking, according to the BBC:

  • More than 380,000 records from a database of military records from the Iraq war
    *90,000 records from a database of Afghan war files
  • 250,000 records from a US state department diplomatic database
  • 75 classified US state department cables, including one titled "Reykjavik-13"
  • A video file named "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC"

Here's the military press release on the charges:

These charges allege that as a Military Intelligence Analyst, Manning introduced unauthorized software onto government computers to extract classified information, unlawfully downloaded it, improperly stored it, and transmitted the data for public release and use by the enemy.

The press release lists the charges as:

  • Aiding the enemy in violation of Article 104, Uniformed Code of Military Justice (UCMJ)
  • 16 Specifications under Article 134, UCMJ:
  • Wrongfully causing intelligence to be published on the internet knowing that it will be accessed by the enemy (One Specification)
  • Theft of Public Property or Records, in violation of 18 United States Code (U.S.C.) 641 (Five Specifications)
  • Transmitting Defense Information, in violation of 18 U.S.C. 793(e) (Eight Specifications)
  • Fraud and Related Activity in Connection with Computers in violation of 18 U.S.C. 1030(a)(1) (Two Specifications)
  • Five specifications in violation of Article 92, UCMJ, for violating Army Regulations 25-2 “Information Assurance” and 380-5 “Department of the Army Information Security Program.”

As to the penalties:

If convicted of all charges, Pvt. 1st Class Manning would face a maximum punishment of reduction to the lowest enlisted pay grade, E-1; total forfeiture of all pay and allowances; confinement for life; and a dishonorable discharge.

The actual charge sheet is here.

Who is the "enemy" they are referring to? The Guardian reports that according to Manning's lawyer:

"Enemy" is defined as including "any other 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 organisations.

MSNBC reports:

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 protection. But, according to one military official, "We didn't get them all." Military officials tell NBC News a small number of them still have not been found.

Manning's lawyer says he remains in solitary and under an "injury watch." The government has not yet responded to the Article 138 Complaint he filed in January.


Full post as published by TalkLeft on March 02, 2011 (boomark / email).

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