Revision as of 09:14, 22 August 2013 editThomas.W (talk | contribs)Extended confirmed users, Page movers, New page reviewers, Pending changes reviewers, Rollbackers60,972 edits Reverted 1 edit by 86.149.228.184 (talk): Rv test edit. (TW)← Previous edit | Revision as of 13:51, 22 August 2013 edit undoMe and (talk | contribs)Extended confirmed users, Pending changes reviewers6,155 edits MOS:IDENTITY, with occasional WP:SURNAME, and correcting the current rank in the infoboxNext edit → | ||
Line 6: | Line 6: | ||
|imagesize = 200 | |imagesize = 200 | ||
|imagealt = photograph | |imagealt = photograph | ||
|caption = Private |
|caption = Private ] | ||
|full name = United States of America v. Manning, Bradley E., PFC | |full name = United States of America v. Manning, Bradley E., PFC | ||
|date decided = <!-- {{Start date|YYY|MM|DD}} --> | |date decided = <!-- {{Start date|YYY|MM|DD}} --> | ||
Line 23: | Line 23: | ||
|italic title = yes | |italic title = yes | ||
}} | }} | ||
'''''United States v. Bradley Manning''''' is the ] of United States Army ] ].<ref name=Rizzo>Jennifer Rizzo, , CNN, February 23, 2012.</ref> | '''''United States v. Bradley Manning''''' is the ] of United States Army ] ].<ref name=Rizzo>Jennifer Rizzo, , CNN, February 23, 2012.</ref> (See ] for explanation of the differing name.) | ||
Manning was arrested in May 2010 in Iraq, where |
Manning was arrested in May 2010 in Iraq, where she had been stationed since October 2009, after ], a computer hacker in the United States, told the ] (FBI) that Manning had acknowledged passing classified material to the whistleblower website, ].<ref>Denver Nicks, , ''This Land'', September 23, 2010.</ref> Manning was ultimately charged with 22 specified offenses, including communicating national defense information to an unauthorized source, and the most serious of the charges, ].<ref name=Rizzo/> Other charges included violations of the ], stealing U.S. government property, charges under the Computer Fraud and Abuse Act and charges related to the failure to obey lawful general orders under Article 92 of the Uniform Code of Military Justice. He entered guilty pleas to 10 of 22 specified offenses in February 2013.<ref>, CBS News, February 28, 2013.</ref> | ||
The trial began on June 3, 2013.<ref name=TateJune32013>Julie Tate and Ellen Nakashima, , ''The Washington Post'', June 3, 2013.</ref> It went to the judge on July 26, 2013, and findings were rendered on July 30.<ref>{{cite news|title=Closing arguments conclude; Manning's fate now with judge|url=http://www.cnn.com/2013/07/25/justice/manning-court-martial/index.html|publisher=CNN|accessdate=July 26, 2013}}</ref><ref name="autogenerated1">{{cite news|title=Verdict in Manning trial to be read Tuesday|url=http://www.cnn.com/2013/07/29/justice/manning-court-martial/index.html|publisher=CNN|accessdate=July 29, 2013}}</ref> Manning was acquitted of the most serious charge, that of ], for giving secrets to WikiLeaks. In addition to five<ref>{{cite web| author=Matt Sledge|url=http://www.huffingtonpost.com/2013/07/30/bradley-manning-guilty_n_3677096.html |title=Bradley Manning Found Guilty of 19 Counts, Not Guilty of Aiding The Enemy |publisher=huffingtonpost.com |date=July 30, 2013 |accessdate=July 30, 2013}}</ref><ref name="atlanticverdict">{{cite web|url=http://www.theatlanticwire.com/global/2013/07/bradley-manning-verdict/67780/|title=Bradley Manning Found Not Guilty of Aiding the Enemy|author=Dashiell Bennett|date=July 30, 2013|publisher=theatlanticwire.com}}</ref><ref name="epochverdict">{{cite web|url=http://www.theepochtimes.com/n3/217167-bradley-manning-acquitted-of-aiding-the-enemy-found-guilty-of-violating-espionage-act/|title=Bradley Manning Acquitted of Aiding the Enemy, Found Guilty of Violating Espionage Act|author= Zachary Stieber|publisher=Epoch Times|date=July 30, 2013}}</ref> or six<ref name="nydailynews">{{cite web|title=Army Pfc. Bradley Manning acquitted of aiding the enemy, convicted of six counts of espionage|url=http://www.nydailynews.com/news/national/bradley-manning-acquitted-aiding-enemy-article-1.1412787|publisher=NY Daily News|accessdate=July 30, 2013}}</ref><ref name="nytimes">{{cite news|title=Manning Acquitted of Aiding the Enemy|url=http://www.nytimes.com/2013/07/31/us/bradley-manning-verdict.html|publisher=New York Times|accessdate=July 30, 2013}}</ref><ref name="cbsnews">{{cite web|title=Bradley Manning acquitted of aiding the enemy for giving secrets to WikiLeaks|url=http://www.cbsnews.com/8301-201_162-57596093/bradley-manning-acquitted-of-aiding-the-enemy-for-giving-secrets-to-wikileaks/|publisher=CBS News|accessdate=July 30, 2013}}</ref> espionage counts, |
The trial began on June 3, 2013.<ref name=TateJune32013>Julie Tate and Ellen Nakashima, , ''The Washington Post'', June 3, 2013.</ref> It went to the judge on July 26, 2013, and findings were rendered on July 30.<ref>{{cite news|title=Closing arguments conclude; Manning's fate now with judge|url=http://www.cnn.com/2013/07/25/justice/manning-court-martial/index.html|publisher=CNN|accessdate=July 26, 2013}}</ref><ref name="autogenerated1">{{cite news|title=Verdict in Manning trial to be read Tuesday|url=http://www.cnn.com/2013/07/29/justice/manning-court-martial/index.html|publisher=CNN|accessdate=July 29, 2013}}</ref> Manning was acquitted of the most serious charge, that of ], for giving secrets to WikiLeaks. In addition to five<ref>{{cite web| author=Matt Sledge|url=http://www.huffingtonpost.com/2013/07/30/bradley-manning-guilty_n_3677096.html |title=Bradley Manning Found Guilty of 19 Counts, Not Guilty of Aiding The Enemy |publisher=huffingtonpost.com |date=July 30, 2013 |accessdate=July 30, 2013}}</ref><ref name="atlanticverdict">{{cite web|url=http://www.theatlanticwire.com/global/2013/07/bradley-manning-verdict/67780/|title=Bradley Manning Found Not Guilty of Aiding the Enemy|author=Dashiell Bennett|date=July 30, 2013|publisher=theatlanticwire.com}}</ref><ref name="epochverdict">{{cite web|url=http://www.theepochtimes.com/n3/217167-bradley-manning-acquitted-of-aiding-the-enemy-found-guilty-of-violating-espionage-act/|title=Bradley Manning Acquitted of Aiding the Enemy, Found Guilty of Violating Espionage Act|author= Zachary Stieber|publisher=Epoch Times|date=July 30, 2013}}</ref> or six<ref name="nydailynews">{{cite web|title=Army Pfc. Bradley Manning acquitted of aiding the enemy, convicted of six counts of espionage|url=http://www.nydailynews.com/news/national/bradley-manning-acquitted-aiding-enemy-article-1.1412787|publisher=NY Daily News|accessdate=July 30, 2013}}</ref><ref name="nytimes">{{cite news|title=Manning Acquitted of Aiding the Enemy|url=http://www.nytimes.com/2013/07/31/us/bradley-manning-verdict.html|publisher=New York Times|accessdate=July 30, 2013}}</ref><ref name="cbsnews">{{cite web|title=Bradley Manning acquitted of aiding the enemy for giving secrets to WikiLeaks|url=http://www.cbsnews.com/8301-201_162-57596093/bradley-manning-acquitted-of-aiding-the-enemy-for-giving-secrets-to-wikileaks/|publisher=CBS News|accessdate=July 30, 2013}}</ref> espionage counts, she was also found guilty of five theft specifications, two computer fraud specifications and multiple military infractions. Manning had previously admitted guilt on some of the specified charges before the trial.<ref>{{cite web|url=http://www.bbc.co.uk/news/world-us-canada-23506213 |title=BBC News – Bradley Manning guilty of espionage in Wikileaks case |publisher=bbc.co.uk |date=July 30, 2013}}</ref> | ||
On August 21, 2013, Manning was sentenced to 35 years in prison. Additionally, |
On August 21, 2013, Manning was sentenced to 35 years in prison. Additionally, she was demoted to the rank of private before being dishonorably discharged from the United States Army, and her pay was forfeited.<ref>{{cite web|last=Dishneau|first=David|title=Manning Gets 35 years for wikileaks disclosures|url=http://news.msn.com/crime-justice/manning-gets-35-years-for-wikileaks-disclosures|work=MSN.com|publisher=Associated Press|accessdate=August 21, 2013}}</ref> She is expected to appeal, and may be eligible for parole after serving at least one third of the sentence.<ref name=GuardianLive35y>{{cite news|url=http://www.theguardian.com/world/2013/aug/21/bradley-manning-sentencing-wikileaks-live|title=Bradley Manning sentenced to 35 years in prison – live updates|accessdate=August 21, 2013|newspaper=The Guardian|date=August 21, 2013}}</ref><ref name=WaPo21Aug2013>{{cite news|title=Judge sentences Bradley Manning to 35 years|url=http://www.washingtonpost.com/world/national-security/judge-to-sentence-bradley-manning-today/2013/08/20/85bee184-09d0-11e3-b87c-476db8ac34cd_story.html|accessdate=August 21, 2013|newspaper=Washington Post|date=August 21, 2013}}</ref> | ||
==Background== | ==Background== | ||
Line 37: | Line 37: | ||
Manning was charged on July 5, 2010, with violations of Articles 92 and ] of the ], which were alleged to have taken place between November 19, 2009, and May 27, 2010.<ref>, CNN, August 31, 2010. | Manning was charged on July 5, 2010, with violations of Articles 92 and ] of the ], which were alleged to have taken place between November 19, 2009, and May 27, 2010.<ref>, CNN, August 31, 2010. | ||
* , courtesy of Cryptome, accessed May 4, 2012. | * , courtesy of Cryptome, accessed May 4, 2012. | ||
* , ''The Washington Post'', accessed April 7, 2012.</ref> These were replaced on March 1, 2011, with 22 specifications, including aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it was accessible to the enemy, theft of public property or records, and transmitting defense information. Manning was found not guilty for the most serious of the charges, aiding the enemy, for which Manning could have faced life in prison |
* , ''The Washington Post'', accessed April 7, 2012.</ref> These were replaced on March 1, 2011, with 22 specifications, including aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it was accessible to the enemy, theft of public property or records, and transmitting defense information. Manning was found not guilty for the most serious of the charges, aiding the enemy, for which Manning could have faced life in prison.<ref>, CBS News, March 2, 2011. | ||
* For figures from ABC, see Luis Martinez, , ABC News, March 2, 2011. | * For figures from ABC, see Luis Martinez, , ABC News, March 2, 2011. | ||
* Jim Miklaszewski and Courtney Kube, , msnbc.com, March 2, 2011.</ref> | * Jim Miklaszewski and Courtney Kube, , msnbc.com, March 2, 2011.</ref> | ||
Line 46: | Line 46: | ||
A panel of experts ruled in April 2011 that Manning was fit to stand trial.<ref>, Associated Press, April 29, 2011.</ref> An ], presided over by Lieutenant Colonel Paul Almanza, was convened on December 16, 2011, at ], Maryland, to determine whether to proceed to a court martial. The army was represented by Captain Ashden Fein, Captain Joe Morrow, and Captain Angel Overgaard. Manning was represented by military attorneys Major Matthew Kemkes and Captain Paul Bouchard, and by civilian attorney ]. | A panel of experts ruled in April 2011 that Manning was fit to stand trial.<ref>, Associated Press, April 29, 2011.</ref> An ], presided over by Lieutenant Colonel Paul Almanza, was convened on December 16, 2011, at ], Maryland, to determine whether to proceed to a court martial. The army was represented by Captain Ashden Fein, Captain Joe Morrow, and Captain Angel Overgaard. Manning was represented by military attorneys Major Matthew Kemkes and Captain Paul Bouchard, and by civilian attorney ]. | ||
The hearing resulted in Almanza recommending that Manning be referred to a general court-martial, and on February 3, 2012, Major General Michael Linnington – commanding general of the ], the court-martial convening authority – ordered |
The hearing resulted in Almanza recommending that Manning be referred to a general court-martial, and on February 3, 2012, Major General Michael Linnington – commanding general of the ], the court-martial convening authority – ordered her to stand trial on all 22 specified charges, including aiding the enemy. She was formally charged (]) on February 23, and declined to enter a plea.<ref>That she was deemed fit to stand trial, see , Associated Press, April 29, 2011. | ||
* For the lawyers' names, see , courtesy of politico.com, accessed May 9, 2012. | * For the lawyers' names, see , courtesy of politico.com, accessed May 9, 2012. | ||
* For WikiLeaks summaries of the hearings, see: | * For WikiLeaks summaries of the hearings, see: | ||
Line 56: | Line 56: | ||
:*, WikiLeaks, December 21, 2011. | :*, WikiLeaks, December 21, 2011. | ||
:*, WikiLeaks, December 22, 2011. | :*, WikiLeaks, December 22, 2011. | ||
* For the order that |
* For the order that she stand trial, see Kim Zetter, , ''Wired'', February 3, 2012. | ||
* For the formal charging (arraignment), see Jennifer Rizzo, , CNN, February 23, 2012.</ref> | * For the formal charging (arraignment), see Jennifer Rizzo, , CNN, February 23, 2012.</ref> | ||
Line 62: | Line 62: | ||
The lead prosecutor, Capt. Ashden Fein, argued that Manning had given enemies "unfettered access" to the material and had displayed an "absolute indifference" to classified information. He showed the court a video of ], an al-Qaeda spokesman, referencing the leaked material.<ref>Denver Nicks, ''Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History'', Chicago Review Press, 2012, p. 3.</ref> | The lead prosecutor, Capt. Ashden Fein, argued that Manning had given enemies "unfettered access" to the material and had displayed an "absolute indifference" to classified information. He showed the court a video of ], an al-Qaeda spokesman, referencing the leaked material.<ref>Denver Nicks, ''Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History'', Chicago Review Press, 2012, p. 3.</ref> | ||
The prosecution presented 300,000 pages of documents in evidence, including chat logs and classified material. Nicks writes that Manning appeared to have taken few security precautions. After |
The prosecution presented 300,000 pages of documents in evidence, including chat logs and classified material. Nicks writes that Manning appeared to have taken few security precautions. After her arrest, detectives searched her basement room in her aunt's house in Potomac, Maryland, and found an ] they say contained the Afghan and Iraq War logs, along with a message to WikiLeaks. Investigators said she had also left trails on her computers of Google and ] searches, and of using ] to download documents.<ref>Nicks 2012, p. 223.</ref> | ||
The court heard from two army investigators, Special Agent David Shaver, head of the digital forensics and research branch of the army's Computer Crime Investigative Unit (CCIU), and Mark Johnson, a digital forensics contractor from ], who works for the CCIU. They testified that they had found 100,000 State Department cables on a computer Manning had used between November 2009 and May 2010; 400,000 U.S. military reports from Iraq and 91,000 from Afghanistan on the SD card in |
The court heard from two army investigators, Special Agent David Shaver, head of the digital forensics and research branch of the army's Computer Crime Investigative Unit (CCIU), and Mark Johnson, a digital forensics contractor from ], who works for the CCIU. They testified that they had found 100,000 State Department cables on a computer Manning had used between November 2009 and May 2010; 400,000 U.S. military reports from Iraq and 91,000 from Afghanistan on the SD card in her aunt's home; and 10,000 cables on her personal MacBook Pro and storage devices that they said had not been passed to WikiLeaks because a file was corrupted. They also said they had recovered an exchange from May 2010 between Manning and Eric Schmiedl, a Boston mathematician, in which Manning said she was the source of the Baghdad helicopter attack ("Collateral Murder") video.<ref name=hearing/> | ||
Johnson said he found a text file called wl-press.txt on an external hard drive in Manning's room in Iraq. The file was created on November 30, 2009, and gave the contact detail in Iceland for WikiLeaks. He said he also recovered 14–15 pages of encrypted chats, in unallocated space on Manning's MacBook's hard drive, between Manning and someone believed to be Julian Assange, using the ] instant messaging client. The MacBook's log-in password was found to be the encryption key. Two of the chat handles, which used the Berlin ]'s domain (ccc.de), had names associated with them, Julian Assange and Nathaniel Frank. Johnson also said he found ] on the MacBook that showed an ], from an IP address that resolved to Manning's aunt's home, to a Swedish IP address with links to WikiLeaks.<ref name=hearing/> There was also a text file named "]" attached to the logs, apparently written by Manning: | Johnson said he found a text file called wl-press.txt on an external hard drive in Manning's room in Iraq. The file was created on November 30, 2009, and gave the contact detail in Iceland for WikiLeaks. He said he also recovered 14–15 pages of encrypted chats, in unallocated space on Manning's MacBook's hard drive, between Manning and someone believed to be Julian Assange, using the ] instant messaging client. The MacBook's log-in password was found to be the encryption key. Two of the chat handles, which used the Berlin ]'s domain (ccc.de), had names associated with them, Julian Assange and Nathaniel Frank. Johnson also said he found ] on the MacBook that showed an ], from an IP address that resolved to Manning's aunt's home, to a Swedish IP address with links to WikiLeaks.<ref name=hearing/> There was also a text file named "]" attached to the logs, apparently written by Manning: | ||
Line 80: | Line 80: | ||
====Defense arguments==== | ====Defense arguments==== | ||
] in September 2009]] | ] in September 2009]] | ||
Manning's lawyers argued that the government had overstated the harm the release of the documents had caused, and had overcharged Manning to force |
Manning's lawyers argued that the government had overstated the harm the release of the documents had caused, and had overcharged Manning to force her to give evidence against Assange. They suggested that other people had had access to Manning's workplace computer, and under cross-examination Shaver acknowledged that some of the 10,000 cables on Manning's personal computer did not match cables published by WikiLeaks. David Coombs asked for the dismissal of any charge related to the use of unauthorized software, arguing that Manning's unit had been "lawless ... when it comes to information assurance." | ||
The defense also raised the issue of whether Manning's ] had affected |
The defense also raised the issue of whether Manning's ] had affected her judgment. Manning had e-mailed her master sergeant, Paul Adkins, in April 2010 to say she was suffering from gender confusion and attaching a photograph of herself dressed as a woman. After Manning's arrest, the army found information about ] in her room, and her commander, Captain Steven Lim, learned that she had been calling himself Breanna. Her lawyers argued that her superiors had failed to provide adequate counseling, and had not taken disciplinary action or revoked her security clearance, and suggested that the "]" policy – which was repealed in September 2011 – had made it difficult for Manning to serve in the army as a gay man.<ref>For the prosecution argument about Manning's "absolute indifference," and for the defense argument about Manning's unit being "lawless," see Serena Marshall, , ABC News, December 22, 2011. | ||
* For the government overcharging Manning, see Kim Zetter, , ''Wired'', December 22, 2011. | * For the government overcharging Manning, see Kim Zetter, , ''Wired'', December 22, 2011. | ||
* For the gender issues, see Kirit Radia and Luis Martinez, , ABC News, December 17, 2011. | * For the gender issues, see Kirit Radia and Luis Martinez, , ABC News, December 17, 2011. | ||
Line 96: | Line 96: | ||
* , ABC News, April 26, 2012.</ref> | * , ABC News, April 26, 2012.</ref> | ||
At the start of the hearing, Manning replaced |
At the start of the hearing, Manning replaced her two military lawyers, Major Matthew Kemkes and Captain Paul Bouchard, with Captain Joshua Tooman. The next Article 39 hearing was set for June 6–8 and trial was set for September 2012.<ref name=Article39April/> | ||
===Petition to the Army Court of Criminal Appeals=== | ===Petition to the Army Court of Criminal Appeals=== | ||
Line 106: | Line 106: | ||
===Initial plea=== | ===Initial plea=== | ||
On February 28, 2013, Manning pleaded guilty to 10 of the 22 specified charges. Military judge Colonel Denise Lind accepted the guilty pleas, for which Manning could face up to 20 years in prison. Manning did not plead guilty to the most significant charge against |
On February 28, 2013, Manning pleaded guilty to 10 of the 22 specified charges. Military judge Colonel Denise Lind accepted the guilty pleas, for which Manning could face up to 20 years in prison. Manning did not plead guilty to the most significant charge against her, aiding the enemy.<ref>, BBC News, February 28, 2013.</ref> | ||
Manning acknowledged having provided archives of military and diplomatic files to WikiLeaks. |
Manning acknowledged having provided archives of military and diplomatic files to WikiLeaks. She pleaded guilty to 10 criminal counts in connection with the material she leaked, which included videos of airstrikes in Iraq and Afghanistan in which civilians were killed, logs of military incident reports, assessment files of detainees held at ], and a quarter-million cables from American diplomats stationed around the world. She read a statement recounting how he joined the military, became an intelligence analyst in Iraq, decided that certain files should become known to the American public to prompt a wider debate about foreign policy, downloaded them from a secure computer network and then ultimately uploaded them to WikiLeaks.<ref name="Confession to 10 crimes Manning">{{cite news|author=Charlie Savage and Scott Shane|title=Soldier Admits Providing Files To WikiLeaks|newspaper=The New York Times|date=March 1, 2013|page= A1}}</ref> | ||
When the judge asked Manning to explain how |
When the judge asked Manning to explain how she could admit that her actions were wrong, Manning replied, "Your Honor, regardless of my opinion or my assessment of documents such as these, it's beyond my pay grade – it's not my authority to make these decisions about releasing confidential files."<ref name="Confession to 10 crimes Manning" /> An audio recording of Manning's statement was released by journalist ] on March 12, 2013.<ref>Glenn Greenwald, , ''The Guardian'', March 12, 2013.</ref> | ||
Manning put the files on a digital storage card for |
Manning put the files on a digital storage card for her camera and took it home with her on a leave in early 2010. She then decided to give the files to a newspaper. She first called ''The Washington Post'', but the reporter was not interested. Then she tried to contact ''The New York Times'' by calling a phone number for the newspaper's public editor and leaving a voice mail message that was not returned. In January 2010, she called the public editor's line at ] but got no response. Later, she copied the files and uploaded them to WikiLeaks, through its website, and later used a directory the group designated for him on a "cloud drop box" server. Manning was frustrated that WikiLeaks did not publish files about 15 people who printed "anti-Iraqi" pamphlets. After uploading the files, she was increasingly engaged in online conversations with someone from WikiLeaks, who Manning said she assumed was a senior figure, like ], its founder, but, in retrospect, she said the relationship was "artificial."<ref name="Confession to 10 crimes Manning" /> | ||
==Trial== | ==Trial== | ||
The trial began on June 3, 2013, at ], Maryland, before Colonel Denise Lind, chief judge, U.S. Army Trial Judiciary, 1st Judicial Circuit.<ref>, last updated September 24, 2012, retrieved July 23, 2013.</ref> | The trial began on June 3, 2013, at ], Maryland, before Colonel Denise Lind, chief judge, U.S. Army Trial Judiciary, 1st Judicial Circuit.<ref>, last updated September 24, 2012, retrieved July 23, 2013.</ref> | ||
Opening for the prosecution, Capt. Joe Morrow accused Manning of having "harvested" hundreds of thousands of documents from secure networks, then making them available within hours to his country's enemies by dumping them on the Internet: "This is a case about what happens when arrogance meets access to classified information," he said.<ref name=McGeoughJune42013>Paul McGeough, , ''Sydney Morning Herald'', June 4, 2013.</ref> For the defense, David Coombs described Manning as "young, naïve and good intentioned." Coombs recounted an incident in which a convoy was hit by an ], which U.S. troops were relieved did not result in any American fatalities. Manning was reportedly disturbed by |
Opening for the prosecution, Capt. Joe Morrow accused Manning of having "harvested" hundreds of thousands of documents from secure networks, then making them available within hours to his country's enemies by dumping them on the Internet: "This is a case about what happens when arrogance meets access to classified information," he said.<ref name=McGeoughJune42013>Paul McGeough, , ''Sydney Morning Herald'', June 4, 2013.</ref> For the defense, David Coombs described Manning as "young, naïve and good intentioned." Coombs recounted an incident in which a convoy was hit by an ], which U.S. troops were relieved did not result in any American fatalities. Manning was reportedly disturbed by her comrades' lack of sympathy upon later learning that an Iraqi civilian had been killed in the incident. Coombs said that by releasing material she felt the public should see, Manning had hoped to make a difference. Manning additionally believed that much of the information she released was "already basically in the public domain," and that it was of historical importance.<ref name=TateJune32013/> | ||
On July 2, at the trial's 14th day of sessions, prosecutors rested their case, having presented testimony from 80 witnesses and evidence showing that Manning's training repeatedly instructed |
On July 2, at the trial's 14th day of sessions, prosecutors rested their case, having presented testimony from 80 witnesses and evidence showing that Manning's training repeatedly instructed her to not give classified information to unauthorized people. The government also presented evidence that ] asked for and received from an associate the Afghanistan battlefield reports WikiLeaks published,<ref>David Dishneau & Pauline Jelinek, , Associated Press, July 2, 2013.</ref> and that al-Qaeda leaders reveled in WikiLeaks' publication of reams of classified U.S. documents, urging members to study them before devising ways to attack the United States.<ref>{{Cite news | first= | last=Associated Press | title=Prosecution submits al-Qaida excerpts in Wikileaks trial | url=http://www.kbtx.com/home/headlines/Prosecution-Wrapping-up-in-WikiLeaks-Trial-213901581.html| work= | newspaper=] | location=] | pages= 5A | date=July 2, 2013 | id= | accessdate=July 2, 2013}}</ref><!---hard copy and soft copy sources are different but are the same article---> | ||
On July 10, the defense rested its case after presenting evidence from 10 witnesses. |
On July 10, the defense rested its case after presenting evidence from 10 witnesses. Manning did not take the stand. Attempting to undercut the most serious charge against Manning—aiding the enemy—defense lawyers called ] professor ], who testified that until WikiLeaks started publishing the material Manning leaked, even ] apparently viewed the anti-secrecy website as a legitimate journalistic enterprise. Thereafter, said Benkler, the public, the military and traditional news media perceived WikiLeaks as a group that supported terrorism.<ref>Associated Press, , ''Los Angeles Times'', July 10, 2013.</ref> | ||
On July 18, Judge Lind rejected a defense motion to dismiss the charge of aiding the enemy, citing Manning's extensive training as an intelligence analyst and the sheer volume of records that were leaked as reasons to allow the charge to proceed. In its rebuttal case, the prosecution entered three tweets from WikiLeaks that Manning may have viewed to show that the organization was not a legitimate journalistic enterprise. In surrebuttal, the defense entered articles into evidence depicting WikiLeaks as an important journalism outlet, a platform "just as important as" the ].<ref>Julie Tate, , ''The Washington Post'', July 18, 2013.</ref> | On July 18, Judge Lind rejected a defense motion to dismiss the charge of aiding the enemy, citing Manning's extensive training as an intelligence analyst and the sheer volume of records that were leaked as reasons to allow the charge to proceed. In its rebuttal case, the prosecution entered three tweets from WikiLeaks that Manning may have viewed to show that the organization was not a legitimate journalistic enterprise. In surrebuttal, the defense entered articles into evidence depicting WikiLeaks as an important journalism outlet, a platform "just as important as" the ].<ref>Julie Tate, , ''The Washington Post'', July 18, 2013.</ref> | ||
On July 25, chief prosecutor Maj. Ashden Fein delivered the government's closing argument, portraying |
On July 25, chief prosecutor Maj. Ashden Fein delivered the government's closing argument, portraying Manning as an "anarchist" who sought to "make a splash" by providing vast archives of secret documents to WikiLeaks. Arguing that Manning must be found guilty of aiding the enemy, Fein said, "He was not a whistleblower. He was a traitor, a traitor who understood the value of compromised information in the hands of the enemy and took deliberate steps to ensure that they, along with the world, received it." Fein contended that Manning's "wholesale and indiscriminate compromise of hundreds of thousands of classified documents" for release by the WikiLeaks staff, whom he called "essentially information anarchists," was not an ordinary journalistic disclosure but a bid for "notoriety, although in a clandestine form." Fein addressed the court for nearly six hours.<ref>Charlie Savage, , ''The New York Times'', July 25, 2013.</ref> | ||
The next day, lead defense attorney David Coombs countered with his own closing argument, portraying Manning as "a young, naïve, but good-intentioned soldier who had human life and his humanist beliefs center to his decisions, whose sole focus was, 'Maybe I just can make a difference, maybe make a change.'" Coombs said his client released only files |
The next day, lead defense attorney David Coombs countered with his own closing argument, portraying Manning as "a young, naïve, but good-intentioned soldier who had human life and his humanist beliefs center to his decisions, whose sole focus was, 'Maybe I just can make a difference, maybe make a change.'" Coombs said his client released only files she believed would cause no harm yet spark debate and prompt change, and that if Manning had not been selective, she would have leaked much more. Playing excerpts from the Baghdad helicopter attack ("Collateral Murder") video that Manning admitted supplying to WikiLeaks, Coombs told Judge Lind: "When the court looks at this, the defense requests that you not disengage, that you not look at this from the eyes of 'this happened on a battlefield.' Did they all deserve to die? That is what Private Manning is thinking as he is watching this video he is seeing, and he's questioning."<ref>Charlie Savage, , ''The New York Times'', July 26, 2013.</ref> | ||
With closing arguments concluded, Col. Lind began her deliberations. Manning chose to have |
With closing arguments concluded, Col. Lind began her deliberations. Manning chose to have her court-martial heard by the judge only instead of a jury.<ref>David Dishneau, , Associated Press, June 3, 2013.</ref> | ||
==Findings== | ==Findings== | ||
On July 30, 2013, Judge Lind issued her findings regarding the charges. Manning was acquitted of aiding the enemy by knowingly giving out intelligence through indirect means and convicted of 19 of the 21 or 22 specified charges, including theft and six counts of espionage.<ref name="nytimes" /><ref name="cbsnews" /><ref name="nydailynews" /> The hearing on sentencing began on July 31, 2013.<ref>{{cite web|title=Wikileaker PFC. Bradly Manning Found not Guilty of Most Serious Charge of Aiding the Enemy|url=http://www.theblaze.com/stories/2013/07/30/wikileaker-pfc-bradly-manning-found-not-guilty-of-most-serious-charge-of-aiding-the-enemy/?utm_source=twitter&utm_medium=story&utm_campaign=Share%20Buttons|publisher=The Blaze|accessdate=July 30, 2013}}</ref> |
On July 30, 2013, Judge Lind issued her findings regarding the charges. Manning was acquitted of aiding the enemy by knowingly giving out intelligence through indirect means and convicted of 19 of the 21 or 22 specified charges, including theft and six counts of espionage.<ref name="nytimes" /><ref name="cbsnews" /><ref name="nydailynews" /> The hearing on sentencing began on July 31, 2013.<ref>{{cite web|title=Wikileaker PFC. Bradly Manning Found not Guilty of Most Serious Charge of Aiding the Enemy|url=http://www.theblaze.com/stories/2013/07/30/wikileaker-pfc-bradly-manning-found-not-guilty-of-most-serious-charge-of-aiding-the-enemy/?utm_source=twitter&utm_medium=story&utm_campaign=Share%20Buttons|publisher=The Blaze|accessdate=July 30, 2013}}</ref> She initially faced a maximum sentence of as much as 136 years' imprisonment.<ref>{{cite web|url=http://rt.com/usa/manning-not-guilty-aiding-enemy-805/|quote= found guilty of 20 remaining charges, meaning that he still faces the possibility of up to 136 years behind bars.|publisher=Russia Today|date=July 30, 2013|title=Manning not guilty of aiding the enemy, faces 130+ yrs in jail on other charges}}</ref><ref name="atlanticverdict"/><ref name="epochverdict"/><ref>{{cite web|url=https://twitter.com/Edpilkington/status/362259148127223808 |title=Twitter / Edpilkington: #manning not guilty if aiding |publisher=Twitter.com |date= |accessdate=July 30, 2013}}</ref> This was subsequently reduced to 90 years after the defense successfully filed a motion to merge some of the 20 counts that Manning was being charged with on the grounds that they overlapped.<ref>http://www.theguardian.com/world/2013/aug/06/bradley-manning-sentence-reduced-90-years</ref> | ||
==Sentencing== | ==Sentencing== | ||
The judge ruled in January 2013 that Manning's sentence would be reduced by 112 days because of |
The judge ruled in January 2013 that Manning's sentence would be reduced by 112 days because of her treatment at Quantico.<ref>Tate, Julie and Nakashima, Ellen. , ''The Washington Post'', January 8, 2013.</ref> The sentencing phase of the trial began on July 31.<ref name=verdict>Tate, Julie and Londono, Ernesto. , ''The Washington Post'', July 30, 2013. | ||
* Londono, Ernesto; Rolfe, Rebecca; and Tate, Julie. , ''The Washington Post'', July 30, 2013. | * Londono, Ernesto; Rolfe, Rebecca; and Tate, Julie. , ''The Washington Post'', July 30, 2013. | ||
*Savage, Charlie. , ''The New York Times'', July 30, 2013. | *Savage, Charlie. , ''The New York Times'', July 30, 2013. | ||
*Pilkington, Ed. , ''The Guardian'', July 31, 2013: "the soldier was found guilty in their entirety of 17 out of the 22 counts against him, and of an amended version of four others."</ref> A military psychologist who had treated Manning, Capt. Michael Worsley, testified on |
*Pilkington, Ed. , ''The Guardian'', July 31, 2013: "the soldier was found guilty in their entirety of 17 out of the 22 counts against him, and of an amended version of four others."</ref> A military psychologist who had treated Manning, Capt. Michael Worsley, testified on her behalf that she had been left isolated in the army, trying to deal with gender-identity issues in a "hyper-masculine environment." On August 14 during her sentencing hearing, Manning apologized for her actions, telling the court: "I am sorry that my actions hurt people. I'm sorry that they hurt the United States. I am sorry for the unintended consequences of my actions. When I made these decisions I believed I was going to help people, not hurt people. ... At the time of my decisions I was dealing with a lot of issues."<ref>Kube, Courtney; DeLuca, Matthew; McClam, Erin. , NBC News, August 14, 2013. | ||
* Courson, Paul. , CNN, August 14, 2013.</ref> On August 21, 2013, Manning was sentenced to 35 years in prison and given a ]. |
* Courson, Paul. , CNN, August 14, 2013.</ref> On August 21, 2013, Manning was sentenced to 35 years in prison and given a ]. Her rank was reduced and she will forfeit all pay and benefits. She will be given credit of 1,293 days served, and may be eligible for parole after serving one-third of his sentence.<ref>{{cite web|title=Bradley Manning sentenced to 35 years in prison|url=http://www.cnn.com/2013/08/21/us/bradley-manning-sentencing/index.html|publisher=CNN|accessdate=August 21, 2013}}</ref><ref>{{cite web|title=Bradley Manning gets 35 years in prison for giving US secrets to WikiLeaks|url=http://www.wftv.com/ap/ap/manning-faces-sentencing-for-wikileaks-disclosures/nZT2H/|publisher=WFTV TV|accessdate=August 21, 2013}}</ref> | ||
==See also== | ==See also== |
Revision as of 13:51, 22 August 2013
United States v. Bradley Manning | |
---|---|
Private Chelsea Manning | |
Court | United States Army Military District of Washington |
Full case name | United States of America v. Manning, Bradley E., PFC |
Case history | |
Prior actions | Article 32 hearing, opened December 16, 2011 Formally charged, February 23, 2012 Article 39 (pre-trial) hearing, opened April 24, 2012 |
Court membership | |
Judge sitting | Colonel Denise Lind |
United States v. Bradley Manning is the court-martial of United States Army Private First Class Chelsea Manning. (See Chelsea Manning for explanation of the differing name.)
Manning was arrested in May 2010 in Iraq, where she had been stationed since October 2009, after Adrian Lamo, a computer hacker in the United States, told the Federal Bureau of Investigation (FBI) that Manning had acknowledged passing classified material to the whistleblower website, WikiLeaks. Manning was ultimately charged with 22 specified offenses, including communicating national defense information to an unauthorized source, and the most serious of the charges, aiding the enemy. Other charges included violations of the Espionage Act, stealing U.S. government property, charges under the Computer Fraud and Abuse Act and charges related to the failure to obey lawful general orders under Article 92 of the Uniform Code of Military Justice. He entered guilty pleas to 10 of 22 specified offenses in February 2013.
The trial began on June 3, 2013. It went to the judge on July 26, 2013, and findings were rendered on July 30. Manning was acquitted of the most serious charge, that of aiding the enemy, for giving secrets to WikiLeaks. In addition to five or six espionage counts, she was also found guilty of five theft specifications, two computer fraud specifications and multiple military infractions. Manning had previously admitted guilt on some of the specified charges before the trial.
On August 21, 2013, Manning was sentenced to 35 years in prison. Additionally, she was demoted to the rank of private before being dishonorably discharged from the United States Army, and her pay was forfeited. She is expected to appeal, and may be eligible for parole after serving at least one third of the sentence.
Background
Further information: List of charges against Bradley ManningThe material in question includes 251,287 United States diplomatic cables, over 400,000 classified 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 was of the July 12, 2007 Baghdad airstrike (dubbed the "Collateral Murder" video); the second, which was never published, was of the May 2009 Granai airstrike in Afghanistan.
Manning was charged on July 5, 2010, with violations of Articles 92 and 134 of the Uniform Code of Military Justice, which were alleged to have taken place between November 19, 2009, and May 27, 2010. These were replaced on March 1, 2011, with 22 specifications, including aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it was accessible to the enemy, theft of public property or records, and transmitting defense information. Manning was found not guilty for the most serious of the charges, aiding the enemy, for which Manning could have faced life in prison.
Pre-trial hearings
Article 32 hearing
A panel of experts ruled in April 2011 that Manning was fit to stand trial. An Article 32 hearing, presided over by Lieutenant Colonel Paul Almanza, was convened on December 16, 2011, at Fort Meade, Maryland, to determine whether to proceed to a court martial. The army was represented by Captain Ashden Fein, Captain Joe Morrow, and Captain Angel Overgaard. Manning was represented by military attorneys Major Matthew Kemkes and Captain Paul Bouchard, and by civilian attorney David Coombs.
The hearing resulted in Almanza recommending that Manning be referred to a general court-martial, and on February 3, 2012, Major General Michael Linnington – commanding general of the Military District of Washington, the court-martial convening authority – ordered her to stand trial on all 22 specified charges, including aiding the enemy. She was formally charged (arraigned) on February 23, and declined to enter a plea.
Prosecution evidence
The lead prosecutor, Capt. Ashden Fein, argued that Manning had given enemies "unfettered access" to the material and had displayed an "absolute indifference" to classified information. He showed the court a video of Adam Gadahn, an al-Qaeda spokesman, referencing the leaked material.
The prosecution presented 300,000 pages of documents in evidence, including chat logs and classified material. Nicks writes that Manning appeared to have taken few security precautions. After her arrest, detectives searched her basement room in her aunt's house in Potomac, Maryland, and found an SD card they say contained the Afghan and Iraq War logs, along with a message to WikiLeaks. Investigators said she had also left trails on her computers of Google and Intelink searches, and of using Wget to download documents.
The court heard from two army investigators, Special Agent David Shaver, head of the digital forensics and research branch of the army's Computer Crime Investigative Unit (CCIU), and Mark Johnson, a digital forensics contractor from ManTech International, who works for the CCIU. They testified that they had found 100,000 State Department cables on a computer Manning had used between November 2009 and May 2010; 400,000 U.S. military reports from Iraq and 91,000 from Afghanistan on the SD card in her aunt's home; and 10,000 cables on her personal MacBook Pro and storage devices that they said had not been passed to WikiLeaks because a file was corrupted. They also said they had recovered an exchange from May 2010 between Manning and Eric Schmiedl, a Boston mathematician, in which Manning said she was the source of the Baghdad helicopter attack ("Collateral Murder") video.
Johnson said he found a text file called wl-press.txt on an external hard drive in Manning's room in Iraq. The file was created on November 30, 2009, and gave the contact detail in Iceland for WikiLeaks. He said he also recovered 14–15 pages of encrypted chats, in unallocated space on Manning's MacBook's hard drive, between Manning and someone believed to be Julian Assange, using the Adium instant messaging client. The MacBook's log-in password was found to be the encryption key. Two of the chat handles, which used the Berlin Chaos Computer Club's domain (ccc.de), had names associated with them, Julian Assange and Nathaniel Frank. Johnson also said he found SSH logs on the MacBook that showed an SFTP connection, from an IP address that resolved to Manning's aunt's home, to a Swedish IP address with links to WikiLeaks. There was also a text file named "Readme" attached to the logs, apparently written by Manning:
Items of historical significance of two wars Iraq and Afghanistan Significant Activity, Sigacts, between 00001 January 2004 and 2359 31 December 2009 extracts from CSV documents from Department of Defense and CDNE database. These items have already been sanitized of any source identifying information.
You might need to sit on this information for 90 to 180 days to figure out how best to send and distribute such a large amount of data to a large audience and protect the source.
This is possibly one of the most significant documents of our time, removing the fog of war and revealing the true nature of 21st century assymmetric warfare.
Have a good day.
Johnson said there had been two attempts to delete material from the MacBook. The operating system was re-installed in January 2010, and on or around January 31 an attempt was made to erase the hard drive by doing a "zero-fill," which involves overwriting material with zeroes. This process was started, cancelled, then started again with a single pass. The material was recovered after the overwrite attempts from unallocated space.
Defense arguments
Manning's lawyers argued that the government had overstated the harm the release of the documents had caused, and had overcharged Manning to force her to give evidence against Assange. They suggested that other people had had access to Manning's workplace computer, and under cross-examination Shaver acknowledged that some of the 10,000 cables on Manning's personal computer did not match cables published by WikiLeaks. David Coombs asked for the dismissal of any charge related to the use of unauthorized software, arguing that Manning's unit had been "lawless ... when it comes to information assurance."
The defense also raised the issue of whether Manning's gender identity disorder had affected her judgment. Manning had e-mailed her master sergeant, Paul Adkins, in April 2010 to say she was suffering from gender confusion and attaching a photograph of herself dressed as a woman. After Manning's arrest, the army found information about hormone replacement therapy in her room, and her commander, Captain Steven Lim, learned that she had been calling himself Breanna. Her lawyers argued that her superiors had failed to provide adequate counseling, and had not taken disciplinary action or revoked her security clearance, and suggested that the "don't ask, don't tell" policy – which was repealed in September 2011 – had made it difficult for Manning to serve in the army as a gay man.
Defense request to depose six witnesses
After the hearing, in January 2012, David Coombs filed a request to depose six witnesses, whose names were redacted in the application, and who are believed to have been involved in classifying the leaked videos. Coombs argues that the videos were not classified at the time they were obtained by WikiLeaks.
Article 39 hearing
An Article 39 hearing was convened on April 24, 2012, during which the judge, Colonel Denise Lind, denied a defense motion to dismiss the charge of aiding the enemy, and ruled that the government must be able to show that Manning knew the enemy would be able to access information on the WikiLeaks site. She ordered the CIA, FBI, DIA, State Department, and Department of Justice to release documents showing their assessment of whether the leaked material had damaged the national interest of the United States. Lind said she would decide after reading the documents whether to make them available to Manning's lawyers. She also ordered forensic imaging of five computers removed from Manning's work station that had not yet been wiped clean.
At the start of the hearing, Manning replaced her two military lawyers, Major Matthew Kemkes and Captain Paul Bouchard, with Captain Joshua Tooman. The next Article 39 hearing was set for June 6–8 and trial was set for September 2012.
Petition to the Army Court of Criminal Appeals
The Center for Constitutional Rights filed a petition in May 2012 asking the Army Court of Criminal Appeals to order press and public access to motion papers, orders, and transcripts. Petitioners included Julian Assange, Amy Goodman of Democracy Now!, Chase Madar, author of The Passion of Bradley Manning (2011), and Glenn Greenwald of Salon.
Motion to dismiss
On September 19, 2012, Manning's attorneys filed a motion to dismiss all charges with prejudice, arguing that Manning has been unable to obtain a speedy trial. The motion claimed that the 845 days he has spent in pretrial confinement is much longer than periods that the Court of Appeals have found to be facially unreasonable. The U.S. military requires a trial within 120 days. Judge Lind ruled against the defense's motion and for the law allows for a delay past 120 days in this case because the prosecution needed more time to prepare its case.
Initial plea
On February 28, 2013, Manning pleaded guilty to 10 of the 22 specified charges. Military judge Colonel Denise Lind accepted the guilty pleas, for which Manning could face up to 20 years in prison. Manning did not plead guilty to the most significant charge against her, aiding the enemy.
Manning acknowledged having provided archives of military and diplomatic files to WikiLeaks. She pleaded guilty to 10 criminal counts in connection with the material she leaked, which included videos of airstrikes in Iraq and Afghanistan in which civilians were killed, logs of military incident reports, assessment files of detainees held at Guantánamo Bay, Cuba, and a quarter-million cables from American diplomats stationed around the world. She read a statement recounting how he joined the military, became an intelligence analyst in Iraq, decided that certain files should become known to the American public to prompt a wider debate about foreign policy, downloaded them from a secure computer network and then ultimately uploaded them to WikiLeaks.
When the judge asked Manning to explain how she could admit that her actions were wrong, Manning replied, "Your Honor, regardless of my opinion or my assessment of documents such as these, it's beyond my pay grade – it's not my authority to make these decisions about releasing confidential files." An audio recording of Manning's statement was released by journalist Glenn Greenwald on March 12, 2013.
Manning put the files on a digital storage card for her camera and took it home with her on a leave in early 2010. She then decided to give the files to a newspaper. She first called The Washington Post, but the reporter was not interested. Then she tried to contact The New York Times by calling a phone number for the newspaper's public editor and leaving a voice mail message that was not returned. In January 2010, she called the public editor's line at Bloomberg News but got no response. Later, she copied the files and uploaded them to WikiLeaks, through its website, and later used a directory the group designated for him on a "cloud drop box" server. Manning was frustrated that WikiLeaks did not publish files about 15 people who printed "anti-Iraqi" pamphlets. After uploading the files, she was increasingly engaged in online conversations with someone from WikiLeaks, who Manning said she assumed was a senior figure, like Julian Assange, its founder, but, in retrospect, she said the relationship was "artificial."
Trial
The trial began on June 3, 2013, at Fort Meade, Maryland, before Colonel Denise Lind, chief judge, U.S. Army Trial Judiciary, 1st Judicial Circuit.
Opening for the prosecution, Capt. Joe Morrow accused Manning of having "harvested" hundreds of thousands of documents from secure networks, then making them available within hours to his country's enemies by dumping them on the Internet: "This is a case about what happens when arrogance meets access to classified information," he said. For the defense, David Coombs described Manning as "young, naïve and good intentioned." Coombs recounted an incident in which a convoy was hit by an IED, which U.S. troops were relieved did not result in any American fatalities. Manning was reportedly disturbed by her comrades' lack of sympathy upon later learning that an Iraqi civilian had been killed in the incident. Coombs said that by releasing material she felt the public should see, Manning had hoped to make a difference. Manning additionally believed that much of the information she released was "already basically in the public domain," and that it was of historical importance.
On July 2, at the trial's 14th day of sessions, prosecutors rested their case, having presented testimony from 80 witnesses and evidence showing that Manning's training repeatedly instructed her to not give classified information to unauthorized people. The government also presented evidence that Osama bin Laden asked for and received from an associate the Afghanistan battlefield reports WikiLeaks published, and that al-Qaeda leaders reveled in WikiLeaks' publication of reams of classified U.S. documents, urging members to study them before devising ways to attack the United States.
On July 10, the defense rested its case after presenting evidence from 10 witnesses. Manning did not take the stand. Attempting to undercut the most serious charge against Manning—aiding the enemy—defense lawyers called Harvard Law School professor Yochai Benkler, who testified that until WikiLeaks started publishing the material Manning leaked, even The Pentagon apparently viewed the anti-secrecy website as a legitimate journalistic enterprise. Thereafter, said Benkler, the public, the military and traditional news media perceived WikiLeaks as a group that supported terrorism.
On July 18, Judge Lind rejected a defense motion to dismiss the charge of aiding the enemy, citing Manning's extensive training as an intelligence analyst and the sheer volume of records that were leaked as reasons to allow the charge to proceed. In its rebuttal case, the prosecution entered three tweets from WikiLeaks that Manning may have viewed to show that the organization was not a legitimate journalistic enterprise. In surrebuttal, the defense entered articles into evidence depicting WikiLeaks as an important journalism outlet, a platform "just as important as" the Freedom of Information Act (United States).
On July 25, chief prosecutor Maj. Ashden Fein delivered the government's closing argument, portraying Manning as an "anarchist" who sought to "make a splash" by providing vast archives of secret documents to WikiLeaks. Arguing that Manning must be found guilty of aiding the enemy, Fein said, "He was not a whistleblower. He was a traitor, a traitor who understood the value of compromised information in the hands of the enemy and took deliberate steps to ensure that they, along with the world, received it." Fein contended that Manning's "wholesale and indiscriminate compromise of hundreds of thousands of classified documents" for release by the WikiLeaks staff, whom he called "essentially information anarchists," was not an ordinary journalistic disclosure but a bid for "notoriety, although in a clandestine form." Fein addressed the court for nearly six hours.
The next day, lead defense attorney David Coombs countered with his own closing argument, portraying Manning as "a young, naïve, but good-intentioned soldier who had human life and his humanist beliefs center to his decisions, whose sole focus was, 'Maybe I just can make a difference, maybe make a change.'" Coombs said his client released only files she believed would cause no harm yet spark debate and prompt change, and that if Manning had not been selective, she would have leaked much more. Playing excerpts from the Baghdad helicopter attack ("Collateral Murder") video that Manning admitted supplying to WikiLeaks, Coombs told Judge Lind: "When the court looks at this, the defense requests that you not disengage, that you not look at this from the eyes of 'this happened on a battlefield.' Did they all deserve to die? That is what Private Manning is thinking as he is watching this video he is seeing, and he's questioning."
With closing arguments concluded, Col. Lind began her deliberations. Manning chose to have her court-martial heard by the judge only instead of a jury.
Findings
On July 30, 2013, Judge Lind issued her findings regarding the charges. Manning was acquitted of aiding the enemy by knowingly giving out intelligence through indirect means and convicted of 19 of the 21 or 22 specified charges, including theft and six counts of espionage. The hearing on sentencing began on July 31, 2013. She initially faced a maximum sentence of as much as 136 years' imprisonment. This was subsequently reduced to 90 years after the defense successfully filed a motion to merge some of the 20 counts that Manning was being charged with on the grounds that they overlapped.
Sentencing
The judge ruled in January 2013 that Manning's sentence would be reduced by 112 days because of her treatment at Quantico. The sentencing phase of the trial began on July 31. A military psychologist who had treated Manning, Capt. Michael Worsley, testified on her behalf that she had been left isolated in the army, trying to deal with gender-identity issues in a "hyper-masculine environment." On August 14 during her sentencing hearing, Manning apologized for her actions, telling the court: "I am sorry that my actions hurt people. I'm sorry that they hurt the United States. I am sorry for the unintended consequences of my actions. When I made these decisions I believed I was going to help people, not hurt people. ... At the time of my decisions I was dealing with a lot of issues." On August 21, 2013, Manning was sentenced to 35 years in prison and given a dishonorable discharge. Her rank was reduced and she will forfeit all pay and benefits. She will be given credit of 1,293 days served, and may be eligible for parole after serving one-third of his sentence.
See also
- Material alleged to have been leaked
- Afghan War logs
- Iraq War logs
- Guantanamo Bay files leak
- United States diplomatic cables leak
- "Collateral Murder" video
- Granai airstrike video
- Miscellaneous
- Courts-martial in the United States
- Equal Justice for United States Military Personnel legislation
- Information published by WikiLeaks
- United States Court of Appeals for the Armed Forces
Notes
- ^ Jennifer Rizzo, "Bradley Manning charged", CNN, February 23, 2012.
- Denver Nicks, "Private Manning and the Making of Wikileaks", This Land, September 23, 2010.
- "Bradley Manning enters guilty pleas in WikiLeaks case", CBS News, February 28, 2013.
- ^ Julie Tate and Ellen Nakashima, "Bradley Manning court-martial opens", The Washington Post, June 3, 2013.
- "Closing arguments conclude; Manning's fate now with judge". CNN. Retrieved July 26, 2013.
- "Verdict in Manning trial to be read Tuesday". CNN. Retrieved July 29, 2013.
- Matt Sledge (July 30, 2013). "Bradley Manning Found Guilty of 19 Counts, Not Guilty of Aiding The Enemy". huffingtonpost.com. Retrieved July 30, 2013.
- ^ Dashiell Bennett (July 30, 2013). "Bradley Manning Found Not Guilty of Aiding the Enemy". theatlanticwire.com.
- ^ Zachary Stieber (July 30, 2013). "Bradley Manning Acquitted of Aiding the Enemy, Found Guilty of Violating Espionage Act". Epoch Times.
- ^ "Army Pfc. Bradley Manning acquitted of aiding the enemy, convicted of six counts of espionage". NY Daily News. Retrieved July 30, 2013.
- ^ "Manning Acquitted of Aiding the Enemy". New York Times. Retrieved July 30, 2013.
- ^ "Bradley Manning acquitted of aiding the enemy for giving secrets to WikiLeaks". CBS News. Retrieved July 30, 2013.
- "BBC News – Bradley Manning guilty of espionage in Wikileaks case". bbc.co.uk. July 30, 2013.
- Dishneau, David. "Manning Gets 35 years for wikileaks disclosures". MSN.com. Associated Press. Retrieved August 21, 2013.
- "Bradley Manning sentenced to 35 years in prison – live updates". The Guardian. August 21, 2013. Retrieved August 21, 2013.
- "Judge sentences Bradley Manning to 35 years". Washington Post. August 21, 2013. Retrieved August 21, 2013.
- Kim Zetter, "Bradley Manning to Face All Charges in Court-Martial", Wired, February 3, 2012.
- "Attorney for WikiLeaks suspect says he's seen no evidence on documents", CNN, August 31, 2010.
- "Charge sheet", courtesy of Cryptome, accessed May 4, 2012.
- "Charge sheet", The Washington Post, accessed April 7, 2012.
- "WikiLeaks: Bradley Manning faces 22 new charges", CBS News, March 2, 2011.
- For figures from ABC, see Luis Martinez, "22 New Charges Against Pvt. Bradley Manning, Accused WikiLeaks Source", ABC News, March 2, 2011.
- Jim Miklaszewski and Courtney Kube, "Manning faces new charges, possible death penalty", msnbc.com, March 2, 2011.
- "Panel Says WikiLeaks Suspect Is Competent to Stand Trial", Associated Press, April 29, 2011.
- That she was deemed fit to stand trial, see "Panel Says WikiLeaks Suspect Is Competent to Stand Trial", Associated Press, April 29, 2011.
- For the lawyers' names, see "PFC Manning, Article 32 Script", courtesy of politico.com, accessed May 9, 2012.
- For WikiLeaks summaries of the hearings, see:
- "2011-12-16 Handwritten Transcript of Bradley #Manning's Pretrial Hearing Day 1 #WikiLeaks", WikiLeaks, December 16, 2011.
- "2011-12-17 Handwritten transcript of Bradley #Manning Pretrial Day 2 #WikiLeaks", WikiLeaks, December 17, 2011.
- "2011-12-18 Handwritten transcript of Bradley #Manning Pretrial Day 3 #WikiLeaks", WikiLeaks, December 18, 2011.
- "2011-12-19 Summary of PFC Bradley Manning’s Pre-Trial Hearing, Dec 16–18", WikiLeaks, December 19, 2011.
- "2011-12-20 Summary: PFC Bradley Manning Pre-Trial Hearing Day 4", WikiLeaks, December 20, 2011.
- "2011-12-21 Summary: PFC Bradley Manning Pre-Trial Hearing Day 5", WikiLeaks, December 21, 2011.
- "2011-12-22 Summary: PFC Bradley Manning Pre-Trial Hearing Day 6", WikiLeaks, December 22, 2011.
- For the order that she stand trial, see Kim Zetter, "Bradley Manning to Face All Charges in Court-Martial", Wired, February 3, 2012.
- For the formal charging (arraignment), see Jennifer Rizzo, "Bradley Manning charged", CNN, February 23, 2012.
- Denver Nicks, Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History, Chicago Review Press, 2012, p. 3.
- Nicks 2012, p. 223.
- ^ The army investigators' testimony Zetter, December 19, 2011
- Nicks 2012, pp. 137–138; also see Zetter, December 19, 2011.
- For the prosecution argument about Manning's "absolute indifference," and for the defense argument about Manning's unit being "lawless," see Serena Marshall, "Court Martial for Bradley Manning in Wikileaks Case?", ABC News, December 22, 2011.
- For the government overcharging Manning, see Kim Zetter, "Army Piles on Evidence in Final Arguments in WikiLeaks Hearing", Wired, December 22, 2011.
- For the gender issues, see Kirit Radia and Luis Martinez, "Bradley Manning Defense Reveals Alter Ego Named 'Breanna Manning'", ABC News, December 17, 2011.
- For Manning facing court martial, see Denver Nicks, "Bradley Manning Likely Faces Court Martial", The Daily Beast, January 13, 2012.
- David Coombs, "Request for oral depositions", United States v. PFC Bradley Manning, January 12, 2012.
- Kim Zetter, "Bradley Manning Attorney Wants to Depose Rejected Witnesses", Wired, January 12, 2012.
- § 839
- ^ "Bradley Manning Judge to Rule on Request to Drop Charges", ABC News, April 24, 2012.
- "Bradley Manning Defense Challenges Charge of ‘Aiding the Enemy’", ABC News, April 25, 2012.
- "No Luck for Bradley Manning: More Motions Denied in WikiLeaks Case", ABC News, April 26, 2012.
- David Dishneau, "GI Seeks Dismissal of 10 Counts in WikiLeaks Case", Associated Press, May 24, 2012.
- "Constitutional Rights Attorneys, Media Challenge Secrecy Of Manning Court Martial", Eurasia Review, May 24, 2012.
- Motion to Dismiss of September 19, 2012 as cited in Nathan Fuller (September 29, 2012) "The government has made an 'absolute mockery' of Bradley Manning’s right to a speedy trial" BradleyManning.org
- Adam Klasfeld, "Landmark Delays in Manning Court-Martial, Lawyer Says" Courthouse News Service, October 1, 2012.
- Adam Klasfeld, "Judges Doubt Need for Secrecy in Bradley Manning Court-Martial" Courthouse News Service, October 10, 2012.
- Ed Pilkington at Fort Meade, Maryland. "Bradley Manning judge rules length of soldier's detention 'reasonable' | World news". theguardian.com. Retrieved July 30, 2013.
- "Bradley Manning pleads guilty to some Wikileaks charges", BBC News, February 28, 2013.
- ^ Charlie Savage and Scott Shane (March 1, 2013). "Soldier Admits Providing Files To WikiLeaks". The New York Times. p. A1.
- Glenn Greenwald, “Finally: hear Bradley Manning in his own voice”, The Guardian, March 12, 2013.
- Judge Advocate General Corps website, last updated September 24, 2012, retrieved July 23, 2013.
- Paul McGeough, "WikiLeaks trial begins on a low-note", Sydney Morning Herald, June 4, 2013.
- David Dishneau & Pauline Jelinek, "Prosecution rests in Manning's WikiLeaks trial", Associated Press, July 2, 2013.
- Associated Press (July 2, 2013). "Prosecution submits al-Qaida excerpts in Wikileaks trial". The Burlington Free Press. Burlington, Vermont. pp. 5A. Retrieved July 2, 2013.
- Associated Press, "Bradley Manning's defense rests its case in WikiLeaks scandal", Los Angeles Times, July 10, 2013.
- Julie Tate, "Judge in Bradley Manning trial rejects motion to dismiss key charge", The Washington Post, July 18, 2013.
- Charlie Savage, "In Closing Argument, Prosecutor Casts Soldier as 'Anarchist' for Leaking Archives", The New York Times, July 25, 2013.
- Charlie Savage, "Defense Calls Manning's Intentions Good", The New York Times, July 26, 2013.
- David Dishneau, "Bradley Manning Trial Begins 3 Years After Arrest", Associated Press, June 3, 2013.
- "Wikileaker PFC. Bradly Manning Found not Guilty of Most Serious Charge of Aiding the Enemy". The Blaze. Retrieved July 30, 2013.
- "Manning not guilty of aiding the enemy, faces 130+ yrs in jail on other charges". Russia Today. July 30, 2013.
found guilty of 20 remaining charges, meaning that he still faces the possibility of up to 136 years behind bars.
- "Twitter / Edpilkington: #manning not guilty if aiding". Twitter.com. Retrieved July 30, 2013.
- http://www.theguardian.com/world/2013/aug/06/bradley-manning-sentence-reduced-90-years
- Tate, Julie and Nakashima, Ellen. "Judge refuses to dismiss charges against WikiLeaks suspect Bradley Manning", The Washington Post, January 8, 2013.
- Tate, Julie and Londono, Ernesto. "Bradley Manning found not guilty of aiding the enemy, convicted on other charges", The Washington Post, July 30, 2013.
- Londono, Ernesto; Rolfe, Rebecca; and Tate, Julie. "Verdict in Bradley Manning case", The Washington Post, July 30, 2013.
- Savage, Charlie. "Manning Acquitted of Aiding the Enemy", The New York Times, July 30, 2013.
- Pilkington, Ed. "Bradley Manning verdict: cleared of 'aiding the enemy' but guilty of other charges", The Guardian, July 31, 2013: "the soldier was found guilty in their entirety of 17 out of the 22 counts against him, and of an amended version of four others."
- Kube, Courtney; DeLuca, Matthew; McClam, Erin. "I'm sorry that I hurt the United States': Bradley Manning apologizes in court", NBC News, August 14, 2013.
- Courson, Paul. "Bradley Manning apologizes, tells court he must pay price", CNN, August 14, 2013.
- "Bradley Manning sentenced to 35 years in prison". CNN. Retrieved August 21, 2013.
- "Bradley Manning gets 35 years in prison for giving US secrets to WikiLeaks". WFTV TV. Retrieved August 21, 2013.
Further reading
- Articles
- Carbone, Christopher. "Have gay rights groups abandoned Bradley Manning?" The Guardian. Tuesday July 30, 2013.
- Gabbatt, Adam. "Bradley Manning not guilty of aiding the enemy – live updates." The Guardian. Tuesday July 30, 2013.
- Greenwald, Glenn. "The strange and consequential case of Bradley Manning, Adrian Lamo and WikiLeaks", Salon, June 18, 2010.
- Hansen, Evan. "Manning-Lamo Chat Logs Revealed", Wired magazine, July 13, 2011; archived from the original on March 28, 2012.
- Nakashima, Ellen. "Messages from alleged leaker Bradley Manning portray him as despondent soldier", The Washington Post, June 10, 2010.
- Nicks, Denver. "Private Manning and the Making of Wikileaks", This Land, September 23, 2010.
- Pilkington, Ed. "Bradley Manning defence rests after calling just 10 witnesses." The Guardian/ Wednesday July 10, 2013.
- Books
- Assange, Julian; 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; 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; Gosztola, Kevin. Truth and Consequences: The U.S. vs. Bradley Manning. Sinclair Books, 2012.
- Video
- Smith, Martin. "The Private Life of Bradley Manning", PBS Frontline, March 2011.
- Websites
- The Law Offices of David E. Coombs, Bradley Manning's lawyer, accessed April 7, 2012.
- Unofficial trial transcripts from the Freedom of the Press Foundation
- What Happened At Bradley Manning’s Hearing This Week? The 300,000 documents, Arun Rath,, PBS Frontline, December 22, 2011.
- "Witness: Manning said leak would lift 'fog of war'"Army investigators, including the reference to Eric Schmiedl, see David Dishneau and Pauline Jelinek, Associated Press, December 19, 2011
- "Investigators link WikiLeaks suspect to Assange", Agence France-Presse, December 20, 2011.
WikiLeaks | |
---|---|
Leaks | |
Cables leak | |
Related people | |
Legal | |
Related topics | |
Related websites | |
United States Military Judicial Authority | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Authority | |||||||||||
Standards | |||||||||||
Judge Advocate General's Corps (JAG) |
| ||||||||||
Non-judicial punishment | |||||||||||
Court systems |
|