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In reply to the discussion: Are Troops Talking to Assange ‘Communicating With the Enemy’? [View all]struggle4progress
(118,282 posts)You claim: The complaint regarding the 11 January 2011 memorandum is based on an allegation that she accessed the Wikileaks website. Which is not what the 11 January 2011 memorandum forbids, the memorandum simply notifies members of the military of their obligations with respect to protecting classified information EVEN IF they come across such classified information on websites such as wikileaks.org
But your claim is incorrect
Thomas A. Ferguson, Principal Deputy Under Secretary of Defense for Intelligence, wrote the 11 Feb 2011 memorandum, directing DoD personnel to "follow established procedures for accessing classified information only through authorized means." The beginning page of the actual FOIA release (after the two page FOIA cover letter) states clearly:
... SUBJECT allegedly visited the website Wikileaks in violation of a Memorandum From the Undersecretary of Defense, dated 11 Jan 11, which violated Article 92, Failure to Obey, UCMJ ...This is simply because: accessing the website Wikileaks is not an established procedure for accessing classified information through authorized means. Such access would contradict the lawful general order or regulation embodied in Ferguson's 11 January 2011
Thomas A. Ferguson
Principal Deputy Under Secretary of Defense for Intelligence
http://www.defense.gov/bios/biographydetail.aspx?biographyid=230
Ferguson's 11 Feb 2011 memorandum is available as pdf from the FAS site:
... It is the responsibility of every DoD employee and contractor to protect classified information and to follow established procedures for accessing classified information only through authorized means ...
http://www.fas.org/sgp/othergov/dod/wl-notice.pdf
From beginning page of the actual FOIA release (after the two page FOIA cover letter):
... SUBJECT allegedly visited the website Wikileaks in violation of a Memorandum From the Undersecretary of Defense, dated 11 Jan 11, which violated Article 92, Failure to Obey, UCMJ ...
Any person subject to this chapter who
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
10 USC § 892 - Art. 92. Failure to obey order or regulation
http://www.law.cornell.edu/uscode/text/10/892