David Coombs, Bradley Manning’s attorney, released a statement regarding the government’s new charges against Manning:
Over the past few weeks, the defense has been preparing for the possibility of additional charges in this case. The decision to prefer charges is an individual one by PFC Manning’s commander. The nature of the charges and the number of specifications under each reflects his determination, in consultation with his Staff Judge Advocate’s office, of the possible offenses in this case. Ultimately, the Article 32 Investigating Officer will determine which, if any, of these additional charges and specifications should be referred to a court-martial.
Manning is being charged with “aiding the enemy,” which is an Article 4 offense:
AIDING THE ENEMY—GIVING INTELLIGENCE TO THE ENEMY (ARTICLE 104)
ELEMENTS:
(1) That (state the time and place alleged), the accused, without proper authority, knowingly gave intelligence information to (a) certain person(s), namely: (state the name or description of the enemy alleged to have received the intelligence information);
(2) That the accused did so by (state the manner alleged);
(3) That (state the name or description of the enemy alleged to have received the intelligence information) was an enemy; and
(4) That this intelligence information was true, at least in part.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Intelligence” means any helpful information, given to and received by the enemy, which is true, at least in part.
“Enemy” includes (not only) organized opposing forces in time of war, (but also 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 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 the citizens of the other.)
Eight months after Bradley Manning was originally charged, the government suddenly claims that he “knowingly gave intelligence information” to “the enemy alleged to have received the intelligence information.”
The government is alleging Manning “knowingly gave intelligence information” and that WikiLeaks “received” it. Does that make”WikiLeaks” the “enemy” in question?
Update: From Manning’s new charge sheet (PDF):
10. ADDITIONAL CHARGE I: VIOLATION OF THE UCMJ, ARTICLE 104.
THE SPECIFICATION:
In that Private First Class Bradley E. Manning, U.S. Army, did, at or near Contingency Operating Station Hammer, Iraq, between on or about 1 November 2009 and on or about 27 May 2010, without proper authority, knowingly give intelligence to the enemy, through indirect means.ADDITIONAL CHARGE II:
SPECIFICATION 1:
In that Private First Class Bradley E. Manning, U.S. Army, did, at or near Contingency Operating Station Hammer, Iraq, between on or about 1 November 2009 and on or about 27 May 2010, wrongfully and wantonly cause to be published on the internet intelligence belonging to the United States government, having knowledge that intelligence published on the internet is accessible to the enemy, such conduct being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed forces.
So let me get this straight. The Vice President of the United States, Joe Biden, says that the “leaked cables created no substantive damage — only embarrassment.” So they’re going to charge Manning with “aiding the enemy” because they claim he knew WikiLeaks would publish them on the internet, the “enemy” can see the internet, and the cables “bring discredit upon the armed forces.”
They want to lock a 23 year-old up for the rest of his life, using a charge designed for terrorists and spies, because he embarrassed them in front of the bad guys?
Seriously?




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“All the citizens of one belligerent are enemies of the government and the citizens of the other.”
Talk about Orwellian.
I prefer to decide on my own who my enemies are.
The whole thing is pretty creepy. Talk about overreach.
It’s appalling. Can’t think of any other word for it on the fly.
They are going to draw and quarter him to make sure nobody else does it in the future. That is why they are going to all this trouble.
Remember this is a USMJ court martial affair, the bar is significantly lowered, it’ll probably stick with the ‘Jury of Peers’…! 8-(
So who did he aid? Who is this enemy that benefited from the leaks?
I wonder if somebody will ask him about ordering a code red :- |
Yep. He didn’t really do anything wrong. Illegal, maybe (if convicted). But at the most he only revealed some embarassing documents. And the horrible video of the helicopter shootings.
The USG is just making an example out of him.
You betcha, Red Ryder. They’re as serious as a heart attack. The enemy they’re referring to isn’t Wikileaks or Al Queda or the Muslim Brotherhood, it’s the American people.
Absolutely.
Why are Mannings supporters “aiding the enemy” PayPal?
Xipwire.
Isn’t that the fault of the armed forces? If there actions weren’t deplorable, they wouldn’t need to keep them secret, right?
They’re hoping to pull the same thing they’ve done with all the others starting with John Walker Lynch: force Manning into a plea bargain so it looks like a “conviction,” while sending a hard ball chilling message to other whistleblower wannabes.
Do you own stock in Xipwire?
Some cliche about killing the messenger comes to mind.
Aiding the enemy is potentially a capital offense. No comment yet from Adrian Lamo.
““Enemy” includes (not only) organized opposing forces in time of war, (but also 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 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 the citizens of the other.)”
If I read the above correctly (always an if as English is my “second” language) citizens who are “hostile” to the US Governments actions are the “enemy”.
I would like to say any good judge would throw that crap wording out – but post Reagan and the 5 conservatives on the USSC, I really don’t know if we have any liberty left in the US – indeed yet another reason to move to Canada
Of course they’re going to…! They have to blame somebody…! Why not a mere private…? 8-(
I think the best reason to move to Canada is that Justin Bieber moved to Los Angeles.
No. I learned about it from TomThumb at the Early Morning Swim. My only affiliation with Xipwire is as a contributor to Wikileaks.
K. Just asking, since I noticed you promoting them in this thread and the last.
The U.S. is devolving into a Fascist state at breakneck speed, with Obama’s foot on the gas.
…as a contributor to Wikileaks…
*heh* Rawk On, Bro…! *fistbump*
I believe I’m asking a reasonable question. I hope to receive a reasonable response.
I agree that it’s a reasonable question. The reasonable answer would be that paypal is the most accessible form of secured payment service online. To reach the widest amount of people, you want to use the most popular service.
But I’ll let Jane answer for herself.
I cancelled my PayPal account, as did many others, as soon as they cut off Wikileaks. If I wish to contribute to the Manning fund again, I don’t believe any cut should go to PayPal.
These charges are not as unprecedented as one might think. You might remember my writing on the Daniel King case (which was big, even a 60 Minutes story in 2000). King could have been executed for espionage, too, and they only had an inconclusive polygraph response on him, but pushed the charges and scare-mongering hard publicly.
More recently, Matthew Diaz was prosecuted by the military under the Espionage Act and spent a 6 month prison sentence. It was Diaz who in 2005 gave the names of the Guantanamo prisoners, hitherto unknown, to Barbara Olshansky at CCR. He did a brave thing and paid for it. I don’t remember what the press was on it at the time, i.e., what obloquy Diaz had to face.
Of course, this is all about Wikileaks, and their main object appears to be to intimidate any other whistleblowers out there. Whether or not they wish to get Manning to finger Assange or not is speculative, but I think highly likely. They would like to write out the confession and have Manning sign it (as they did with King). What strength that young man must have!
I think Marcy made a great point re Brian’s motivations, and I’m sure that they are just as he stated it, as Marcy says, i.e., that when he saw critics of the Iraqi government arrested. I only wonder whether or not he had an inkling that the people arrested for “academic dissent” were, a la FRAGO 242, going to be tortured. He didn’t say that in the Lamo log, but that doesn’t mean that wasn’t part of it. Perhaps someday we’ll know.
The fact that he continues under POI orders is infuriating, but then, when you consider what they do at Bagram, Guantanamo, etc., not surprising.
I am so grateful for everything FDL is doing to help Brian Manning. Thanks, Jane.
Word about the Manning petition got out quickly to a large number of people when PayPal gave Courage to Resist the shaft. Word about giving PayPal the shaft could be delivered just as easily.
It is hypocritical to the Nth degree to partner with the company (PayPal) that has deliberately acted to harm the organization (Wikileaks) that Manning put himself at great risk to assist.
Jane, maximum penalty is death, not locked up for life. Don’t be surprised if this is the outcome. Savages.
Have these “enemies” been aided by this Secret/NoForeign cable released by wikileaks?
(S/NF) Mubarak is 81 years old and in reasonably good health; his most notable problem is a hearing deficit in his left ear. He responds well to respect for Egypt and for his position, but is not swayed by personal flattery. Mubarak peppers his observations with anecdotes that demonstrate both his long experience and his sense of humor. . .
Which is why Clinton said (extracts of a press conference):
“not much news”
December 3, 2010
“In fact, some of the analysis that has been done of the information that has been made available through these leaks has basically concluded that there’s not much news, there’s not very much to comment on, there’s no big revelation. It’s the day-to-day work of what diplomats all around the world do. And we need to be sure we can continue to have candid and open conversations.”
“And as one of my counterparts jokingly said to me, ‘Don’t worry about it. You should see what we say about you.’ Diplomatic cables are not policy. They are meant to inform. They are not always accurate. They are passing on information for whatever it’s worth.
[In response to a question about quoting foreign leaders]“Well, of course, it’s not their words. It’s what somebody said somebody said about them. And oftentimes it’s not secondhand; it’s third and fourth-hand. And I have personally expressed my regret to individual leaders as well as publicly to anyone who has been offended or affected. But this is a tough business we’re in, and it’s a challenging world and most leaders get it. They may not appreciate it, because who wants to be – have something that some person somewhere said about you put in the public domain.
“But we’re rethinking how we share information. It’s kind of a constant balancing act.”
http://spanish.nicaragua.usembassy.gov/wk_declaracion2_clinton.html
Having retired from an Air Force career I find it difficult to believe that a Pfc in the Army (or for that matter, an Airman in USAF)could possibly have had access to all this stuff on a need to know basis.
It simply isn’t plausible. Go figure.
So the US approach has been twofold:
1. Downplay the importance of these cables
–which seems to be okay with other world leaders — there have been no complaints of any substance
2. Come down hard on Assange (difficult) and Manning (easy).
–not because of any real damages, except to the authority of those in power
YES, SERIOUSLY. And lest anyone forget, that’s the same Joe Biden who led the skewering of Anita Hill. My only remaining question is, what will it take before Denocratic voters stand united to demand a 2012 alternative to Obama?
So when is Kucinich going to visit Manning? He’s facing at least another 45 days in POI/Solitary without some intervention. According to Lt Col Coombs the preliminary (Art 32) hearing may not happen until June or later. What happened to a speedy trial?
I’d asked the same a couple hours ago; apparently the comment didn’t take. Plus I’d hoped that Dennis would bring a psychiatric physician with him.
That’s what it appears. The thing that he should be answering for is releasing classified information without authorization. He didn’t give it to an enemy of the United States, even given the rather broad definition of “enemies” we’ve had lately. Even the charge he should be on the hook for is a serious one, but calling this aiding the enemy brings up the rhetorical questions we’ve all been asking.
Of course, IANAL, it’s just my opinion, and I could be wrong …
I’m not sure there’s anything that will cause that to happen. If there were, I think we’d be seeing it already.
This is so assinine. Wikileaks is not the enemy. They are trying to do this to one young man and we can’t even put a single bankster in jail for bringing down the economies of the entire world!
DING! Give this Beach Populist a cigar!
Please no one say “it can’t get any worse”. Every day our country’s decline accelerates as we debate debt instead of employment, fight an obviously unwinnable war, and violate the rule of law ever so casually when our oligarchs need protecting.
Jane, your post is spot on. As usual, you articulate like now one else can how nonsensical our administration is. You are to be particularly commended for what you have done to champion simple justice for Bradley Manning.
To any to which it is not yet clear, let me spell it out. The enemy is anyone who threatens the oligarchy that is our country’s wealthiest and the government tools that work for them. (That would include you and me.)
Bradley Manning gave the information to Wikileaks, Wikileaks gave it to the people; therefore the people are the enemy.
How can a government sustain this level of corruption if the people who finance them find out about the illegal and immoral conduct that goes on behind the scenes?
When such conduct is exposed, it’s not the fault of the individual that pulled back the facade or the journalist that published it.
Obama is our second “unitary executive”. It really does change things. For example, while lawyers can still parse the meaning of “enemy”, if Obama chooses to intervene then an enemy will be whoever Obama says is an enemy. It is a pretty big deal to be above the law AND chief executive of the American Empire. His capacity to serve his owners is greatly enhanced.
Manning will eventually confess to something. He is only a man.
And to think, top Republican officials in the previous Bush/Cheney administration actually got away with aiding and abetting enemies of the United States of America when: 1) these Republicans outed covert CIA agent Valerie Plame Wilson, a top non-official-cover CIA counter-proliferation officer whose specialty was protecting U.S. citizens from rogue individuals or states getting their hands on WMD, including nuclear weapons, and 2) when these same Republicans started a war in Iraq based on lies and cherry-picked intelligence, a war that gave Iran (Iraq’s next door neighbor) a chance to rush Hezbollah agents into Iraq after the invasion started and once Saddam Hussein was on the run, but especially after L. Paul Bremer, former head of the Coalition Provisional Authority, fired all the Sunni Baathists in the Iraqi government and military, creating a political vacuum in Iraq that Iran rushed to fill, to help their fellow Shiite Iraqi friends, like Ahmad Chalabi, who exiled in Iran.
What PFC Bradley Manning is accused of doesn’t even come close to the actual national security damage done to our nation by these top Republican officials from the previous Bush/Cheney administration. Which makes President Obama’s crack-down on Bradley Manning that much more of a glaring injustice, especially when one takes into account how President Obama has turned a blind eye to all the crimes committed by his Republican predecessors.
Wouldn’t it be great to see Biden and Gates called as witnesses in the court marshal?
My thoughts exactly. What happened in the past 20 years (since I got out) that would allow a PVT to have access to that much classified information. I had way more stripes than that and there was just no way. Check everything you were carrying in–check everything out. Everything checked on the way out of the secure areas and you had to have a damn good reason, in writing, to be copying anything. This whole incident is Twilight Zone material and whoever was administrating this system should be standing at court martial, too.
And yes, they are going to jail Manning for the rest of his life. They are not playing around and there is nothing anyone can do about it, short of a Presidential pardon, which is not going to happen.
If this charge can be used against someone who leaked to WikiLeaks, how long before it is used against a US newspaper or other news source?
The path is absolutely clear to that.
If the leaker is in the military–yes.
But how does this make sure nobody does it in the future?
They’re assuming nobody will desire to make himself a martyr, especially if it comes with lots of publicity.
The enemy is the American people, whom Manning wanted to enlighten.
I had access to all kinds of stuff as an E-4 in the Air Force.
It comes with having a TS/SCI clearance.
That’s not the problem. The problem is that he embarrassed them in front of the good guys, the American people.
It’s all about the whistleblowers in every government department, angered over eight years of CheneyBush lies, excesses and crimes, and their rising frustration over Obama’s failure not only to correct those excesses and illegalities, but by his adoption of them.
They have a lot of stories to tell and the public is hungry to hear them. It ought to hear them. These new charges are Mr. Obama putting his finger in the dike, hoping an angry, pent up sea of potential whistleblowers will be unable to force their way through owing to the pressure of their sheer numbers and the importance of what they have to tell.
Thank you, but I don’t smoke.
If Scooter Libby outs a CIA agent to Judy Miller and the NYT publishes the information where the enemy can find it, then Scooter aided the enemy. Of course Cheney authorized the leak, so I guess it’s okay./s