PFC Manning to face charge of aiding the enemy

[Cylinder]

Bradley Manning, WikiLeaks' alleged source, faces 22 new charges

The Army has brought new charges - including one that carries the death penalty - against Pfc. Bradley E. Manning, a former intelligence analyst accused of leaking hundreds of thousands of classified military and diplomatic documents to the anti-secrecy Web site WikiLeaks.

But prosecutors would not seek Manning's execution if he were convicted of the capital offense of "aiding the enemy," officials said Wednesday in a statement that outlined the 22 charges.

Though the statement did not specify the enemy, Manning, 23, is accused of giving documents to WikiLeaks that related to the wars in Afghanistan and Iraq and that U.S. officials have asserted could put soldiers and civilians at risk.

As an intelligence analyst, Manning would be well aware of the penalties of this behavior and his legal recourse for reporting perceived wrongdoing by the government. I just hope that moving forward the poor SOB is also aware that after the two years or so that it will take for his cause celebre to wear thin, he'll still be left with the reality of Leavenworth.

 

[Thunder]

what was/is Manning's gripe against the USA?

 

[Darth Rotor]

what was/is Manning's gripe against the USA?

Perhaps his ***** hurt.

Edited by jhunter1163: 

Edited for Rule 10.

When you have a million or so people serving, you are going to get a few malcontents. (Hey, I served for 25 years ... )

His chain of command missed whatever signals he was sending off, and so didn't see him as a risk. He chose a particular way to exercise his frustration.

Same thing happened with Walker, sort of.

Ain't no zero defects, and of course, Manning got caught doing a no-no.

Sucks to be him about now.

 

[Aoidoi]

what was/is Manning's gripe against the USA?

I haven't seen any comments from him on his motivations, though I certainly could have missed any.

As Darth Rotor so... eloquently... puts it, his motivation isn't particularly important. The important thing is that a PFC was able to take a huge chunk of information and hand it over without anybody noticing. That he gave it to wikileaks is the only reason he was even caught, as the military suddenly knew it had a leak and what was leaked (at least, my understanding is that he wasn't caught until they did an investigation based on that known leak). Had he simply sold it to a foreign government I doubt we'd even know about it.

Which is not a happy thought.

Information security inside the government and military seems lacking, to put it mildly.

 

[A Laughing Baby]

what was/is Manning's gripe against the USA?

As for the was, it hasn't been seen for certain. As for the is, I would say "10 months of solitary confinement without conviction" probably is a big one.

 

[dudalb]

As for the was, it hasn't been seen for certain. As for the is, I would say "10 months of solitary confinement without conviction" probably is a big one.

So you support Manning's actions??????

 

[A Laughing Baby]

So you support Manning's actions??????

I'm sorry, did I say that?

 

[Dr. Keith]

I haven't seen any comments from him on his motivations, though I certainly could have missed any.

As Darth Rotor so... eloquently... puts it, his motivation isn't particularly important. The important thing is that a PFC was able to take a huge chunk of information and hand it over without anybody noticing. That he gave it to wikileaks is the only reason he was even caught, as the military suddenly knew it had a leak and what was leaked (at least, my understanding is that he wasn't caught until they did an investigation based on that known leak). Had he simply sold it to a foreign government I doubt we'd even know about it.

Which is not a happy thought.

Information security inside the government and military seems lacking, to put it mildly.

This.

Very few commercial security systems would have allowed such a large file transfer, even to a known terminal, without setting off alarms. Either he was very familiar with the security systems or the systems are really quite horrid. Possibly both.

 

[sarge]

Information security inside the government and military seems lacking, to put it mildly.

Info sec is always lacking. It's the nature of the beast. We select Soldiers, vet them, train them, then let them do their job. There will always be Soldiers that have nothing in their background to indicate a vulnerability, but that commit intentional security violations anyway. So long as we store information and so long as that information is available to people, we will always have a risk that the information will be leaked.

As fornthe traitor - death. Because of him and a couple of others, I can no longer use removable storage media at work. Death seems to me to be an appropriate punishment for having so inconvenienced me.

 

[Sword_Of_Truth]

As for the was, it hasn't been seen for certain. As for the is, I would say "10 months of solitary confinement without conviction" probably is a big one.

'Tis the nature of the beast unfortunately (for Manning). Defendants who have been exposed to large quantities of classified material need to be isolated to prevent further breaches in security. It's not him in solitary confinement so much as what's in his brain.

If he was caught using the PX as a front to smuggle and distribute coccaine, he would probably be more accessible.

 

[A Laughing Baby]

'Tis the nature of the beast unfortunately (for Manning). Defendants who have been exposed to large quantities of classified material need to be isolated to prevent further breaches in security. It's not him in solitary confinement so much as what's in his brain.

If he was caught using the PX as a front to smuggle and distribute coccaine, he would probably be more accessible.

That seems weak, in my opinion. I would accept an argument that he's in danger from other prisoners much more easily than I'd accept this. The data he allegedly provided to Wikileaks is already out of his hands and feasibly in the public sphere. And besides, if he's in a prison, where is that information going to go?

That's why I don't agree with the official reasoning for Manning's state of captivity--namely, that he's a danger to himself. Is he in danger from other prisoners? I would say that most likely he is in far more danger from them than himself, and would have accepted that explanation at face value.

 

[Cylinder]

I'm guessing Manning's document custodian is looking for a job right now.

 

[Sword_Of_Truth]

I would accept an argument that he's in danger from other prisoners much more easily than I'd accept this.

Also a good reason. One does not charge a man with "aiding the enemy" and then dump him into a group of prisoners who likely have friends still in active service in harms way.

And besides, if he's in a prison, where is that information going to go?

Lawyers like Lynne Stewart, who was disbarred and and imprisoned for transmitting orders from her client, 1993 WTC bombing mastermind Sheik Abdel Rahman, to his terrorist cell in Egypt.

 

[theprestige]

The data he allegedly provided to Wikileaks is already out of his hands and feasibly in the public sphere.

And the data he didn't provide? The details of his methodology, for example. Or an extensive review of the security holes he was aware of and didn't exploit. Or an analysis of security countermeasures he might reasonably expect to be implemented, following his actions. Or descriptions of the other classified materials he's been exposed to during his career.

I've served, as an Intelligence Analyst in the US Army. I've had access to the same kinds of materials and ifnormation systems as Manning. So I hope you understand when I don't accept your authority on the subject of Manning's potential security threat.

And besides, if he's in a prison, where is that information going to go?

Because contraband and information never pass in and out of prisons, right?

 

[A Laughing Baby]

And the data he didn't provide? The details of his methodology, for example. Or an extensive review of the security holes he was aware of and didn't exploit. Or an analysis of security countermeasures he might reasonably expect to be implemented, following his actions. Or descriptions of the other classified materials he's been exposed to during his career.

I've served, as an Intelligence Analyst in the US Army. I've had access to the same kinds of materials and ifnormation systems as Manning. So I hope you understand when I don't accept your authority on the subject of Manning's potential security threat.


Because contraband and information never pass in and out of prisons, right?

Please understand that I do not and have not attempted to speak with authority on the matter. In fact, I imply and outright state several times that it was my opinion. Obviously, I can't personally change the state of his imprisonment. If your concern is his information leaking out, then they should restrict all access to him and leave him utterly in isolation, no? And yet, he is still granted access to his visitor that he gets every 2(?) weeks.

What I'm saying is that the justification being used in public does not seem as feasible to me as a justification of protecting him from other prisoners. And besides, the justification isn't to protect other prisoners from him. He's on a status that is there to prevent suicide. I'd be glad to walk this back, but I don't recall seeing any statements about him being a danger to other prisoners.

And, with your authority, you would also know the most common method of contraband getting in and out of prisons, correct? And yet, the conditions of his custody require him to interact with his guards at regular intervals. I'm sorry, but quite frankly, the "he's a danger to other prisoners" justification seems (to me, at least) to be quite post hoc, and from people not involved with the actual carrying out of the imprisonment. This is not to say that I can't see any argument from that point, because I do, but it seems weaker to me than others. However, I just don't see it as the driver of his status purely from the way his custody is being handled.

 

[BenBurch]

They took the death penalty off the table too fast.

I think they should have used that to get a confession and get him to roll on Assange.

 

[Taarkin]

Defendants who have been exposed to large quantities of classified material need to be isolated to prevent further breaches in security. It's not him in solitary confinement so much as what's in his brain.

If he was caught using the PX as a front to smuggle and distribute coccaine, he would probably be more accessible.

If Manning had access to classified information but was arrested for drug smuggling or prostitution or jaywalking or whatever, why would he be more accessible?

 

[Aoidoi]

They took the death penalty off the table too fast.

I think they should have used that to get a confession and get him to roll on Assange.

As far as I'm aware receiving classified documents is not a crime. Were it, the government could send them to anyone and arrest them as soon as the package arrived. In any case it would be difficult to prosecute a non-American for not following whatever American laws cover the dissemination of classified material.

So even if he hand delivered the files to Assange and recorded the whole thing (which seems is unlikely), I don't think that his testimony and evidence would be worth anything. Rolling on the big fish only works when what they're up to is illegal.

 

[egslim]

I could be wrong, but from what I remember:

I haven't seen any comments from him on his motivations, though I certainly could have missed any.

He told a friend there were schandals lurking in every embassy, and it would all be exposed now. My guess is the hypocracy of US foreign policy got to him.

That he gave it to wikileaks is the only reason he was even caught, as the military suddenly knew it had a leak and what was leaked (at least, my understanding is that he wasn't caught until they did an investigation based on that known leak).

Worse, I think. After leaking the information he told an online friend what he had done, and that he might be in real trouble now. The online "friend" then notified the authorities. If Manning had kept quiet, he might never have been found out.

The important thing is that a PFC was able to take a huge chunk of information and hand it over without anybody noticing.

Manning described his methodology. He went into the computerroom with a musicplayer and rewritable cd with Lady GaGa songs. Then he replaced the music with data.

Information security inside the government and military seems lacking, to put it mildly.

Frankly, the information he leaked seems to be the least of the problems this episode exposed.

ETA: Come to think of it, Manning probably deserves a reward for publicly exposing and therefore ending the means by which several other countries have undoubtedly been leaching US intelligence information for the past several years.

 

[Cylinder]

As far as I'm aware receiving classified documents is not a crime. Were it, the government could send them to anyone and arrest them as soon as the package arrived. In any case it would be difficult to prosecute a non-American for not following whatever American laws cover the dissemination of classified material.

It is most certainly a crime to possess classified information. There's a more complex question about what classified information is, but that really doesn't apply here.

In your example, the party would not have formed the necessary men's rea for criminal liability to attach - in the same way that if you randomly FedEx-ed a kilo of Bolivia's finest to my man cave (pm for address) I wouldn't have a legal issue in a technical sense.

I'll have to dig up the relevant statute.

As far as Assange is concerned, I'm fairly certain his activities broke US law but you have jurisdictional and diplomatic to deal with as well. Since Assange really doesn't have political cover from any of our allies and no bargaining power from an unfriendly power, it becomes more of a jurisdictional battle, IMHO. I guess it's hard to separate the two in this instance.