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United States v. Manning

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United States v. Bradley Manning
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Case history
Prior actionsArticle 32 hearing, opened December 16, 2011
Court membership
Judge sittingColonel Denise Lind

The United States v. Bradley Manning involves the 2012 court-martial of United States Army Private First Class Bradley E. Manning. He was ordered to stand trial on February 3, 2012. No trial date has been set.

Manning was arrested in May 2010 in Iraq, where he had been stationed since October 2009, after Adrian Lamo, a computer hacker in the United States, told the FBI that Manning had acknowledged passing classified material to the whistleblower website, WikiLeaks. Manning was charged with a number of offenses, including communicating national defense information to an unauthorized source, and aiding the enemy.

Leaked material

Further information: Information published by WikiLeaks

The leaked material in question includes 250,000 United States diplomatic cables; over 400,000 United States Army reports from the Iraq War (the Iraq War logs), and 90,000 army reports from the war in Afghanistan (the Afghan War logs). WikiLeaks also received two videos, one of the July 12, 2007 Baghdad airstrike and the other of the May 2009 Granai airstrike in Afghanistan.

Charges

Further information: United States v. Bradley Manning (charges)

Manning was charged on July 5 2010, under the Uniform Code of Military Justice with violations of Articles 92 and 134 for "transferring classified data onto his personal computer and adding unauthorized software to a classified computer system in connection with the leaking of a video of a helicopter attack in Iraq in 2007," and "communicating, transmitting and delivering national defense information to an unauthorized source and disclosing classified information concerning the national defense with reason to believe that the information could cause injury to the United States." The offenses are alleged to have taken place between November 19, 2009, and May 27, 2010.

On March 1, 2011, an additional 22 charges were preferred, including wrongfully obtaining classified material for the purpose of posting it on the Internet, knowing that the information would be accessed by the enemy; and aiding the enemy.

Pre-trial hearings

photograph
Private First Class Bradley Manning in or around 2009

Manning was deemed fit to stand trial in April 2011. The most serious of the 22 charges is "aiding the enemy," for which he could face life imprisonment. An Article 32 hearing opened on December 16, 2011, at Fort Meade, Maryland, to determine whether there was sufficient evidence to proceed.

The prosecution argued that Manning had given enemies "unfettered access" to the documents by knowingly allowing them to be posted online, and that he had displayed "absolute indifference" to classified information. The prosecution's lead attorney, Captain Ashden Fein, showed the court a video of Adam Gadahn, an al-Qaeda spokesman, referencing the leaked material. The defense countered that the government had overstated the harm the leaked documents had caused. Manning's lawyer argued: "The government has overcharged in this case, and it appears they have done so in order to strong-arm a plea from my client." Denver Nicks writes that this appeared to be a reference to Julian Assange, the de facto editor-in-chief of WikiLeaks; the defense's implication was that the government had overcharged to persuade Manning to testify against Assange.

The presiding officer, Lt. Col. Paul Almanza, recommended that Manning be referred to a general court-martial. On January 18, 2012, Col. Carl Coffmam of Joint Base Myer-Henderson Hall concurred, and on February 3, Major General Michael Linnington, commanding general of the Military District of Washington, the court-martial convening authority, ordered him to stand trial on all 22 charges, including aiding the enemy. He was arraigned on February 23, and declined to enter a plea. No trial date was set.

See also

Notes

  1. ^ Rizzo, Jennifer "Bradley Manning charged", CNN, February 23, 2012.
  2. Nicks, Denver. "Private Manning and the Making of Wikileaks", This Land, September 23, 2010.
  3. "Charge sheet", The Washington Post, accessed April 7, 2012.
  4. Zetter, Kim. "Bradley Manning to Face All Charges in Court-Martial", Wired, February 3, 2012.
  5. "Attorney for WikiLeaks suspect says he's seen no evidence on documents", CNN, August 31, 2010.
  6. "WikiLeaks: Bradley Manning faces 22 new charges", CBS News, March 2, 2011.
  7. "Panel Says WikiLeaks Suspect Is Competent to Stand Trial", Associated Press, April 29, 2011.
  8. ^ Radia, Kirit and Martinez, Luis. "Bradley Manning Defense Reveals Alter Ego Named 'Breanna Manning'", ABC News, December 17, 2011.
  9. Marshall, Serena. "Court Martial for Bradley Manning in Wikileaks Case?", ABC News, December 22, 2011.
  10. Nicks 2012, p. 3.
  11. Nicks 2012, p. 1.
  12. For Coffman, see "2nd officer advises court-martial in Manning WikiLeaks case", Associated Press, January 19, 2012.

References

Books
  • Nicks, Denver. Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History. Chicago Review Press, 2012.

Further reading

Articles
Books
  • Assange, Julian and O'Hagan, Andrew. Julian Assange: The Unauthorised Autobiography. Canongate, 2011.
  • Brooke, Heather. The Revolution Will Be Digitised. William Heinemann, 2011.
  • Domscheit-Berg, Daniel. Inside WikiLeaks. Doubleday, 2011.
  • Fowler, Andrew. The Most Dangerous Man in the World. Skyhorse Publishing, 2011.
  • Leigh, David and Harding, Luke. WikiLeaks: Inside Julian Assange's War on Secrecy. Guardian Books, 2011.
  • Madar, Chase. The Passion of Bradley Manning. OR Books, 2012.
  • Mitchell, Greg and Gosztola, Kevin. Truth and Consequences: The U.S. vs. Bradley Manning. Sinclair Books, 2012.
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