Amnesty International: Bradley Manning: US ‘aiding the enemy’ charge a travesty of justice

[Luminous Animal]

http://www.amnesty.org/en/news/bradley-manning-us-aiding-enemy-charge-travesty-justice-2013-07-18

The decision by the US military judge not to drop the charge accusing Private Bradley Manning of “aiding the enemy” is a travesty of justice, Amnesty International said today. If he is found guilty of the charge, he faces a possible life sentence in military custody with no chance of parole.

“The charge of ‘aiding the enemy’ is ludicrous. What’s surprising is that the prosecutors in this case, who have a duty to act in the interest of justice, have pushed a theory that making information available on the internet – whether through Wikileaks, in a personal blog posting, or on the website of The New York Times – can amount to ‘aiding the enemy’,” said Widney Brown, Senior Director of International Law and Policy at Amnesty International.

[Catherina]

1. Explaining once again why our media is full of nothing. A terrorist might read the NYT. Shameful n/t

[msanthrope]

4. A terrorist might read the NYT. Which would make the NYT not guilty at all, but whoever leaked them

classified material, guilty.

I think you misunderstand the charge. 'Aiding the enemy' doesn't require a direct hand over to Al Qaeda.

[Luminous Animal]

2. bin Laden said to celebrate 9/11 by reading Woodward's book "Obama's Wars"

http://www.theatlanticwire.com/global/2011/09/bin-laden-celebrate-911-reading-bob-woodward/42413/

He recommended that Americans read the book "Obama's War" by Bob Woodward which details wrangles over US military decision-making, and told them that US President Barack Obama's campaign slogan "Yes, we can" is untrue.

[msanthrope]

5. I think you misunderstand the charge---Woodward is not subject to the UCMJ. Manning is. Manning

could leak to any newspaper--the newspaper would not be liable, but Manning would.

[melm00se]

14. 100% correct

see http://en.wikipedia.org/wiki/New_York_Times_Co._v._United_States

[msanthrope]

3. It's poor legal strategy to assert that a charge is a 'travesty of justice' when the person who

has just sustained the charge is also going to be deciding guilt.

What your source lacks is refutation of the charge.

[sabrina 1]

10. The charge is ludicrous, and was confirmed as such by Gates, who stated that Manning's leaks

caused the US 'no harm' that the worst result of them was 'some embarrassment'. Let's hope he is called as a witness, although I doubt it matters since this trial was already decided long ago.

[msanthrope]

15. As the defense has rested, I seriously doubt Mr. Gates will be called. nt

[sabrina 1]

17. The defense can request a new hearing considering these developments.

But that would be IF there was any interest in actual justice, so most people won't be holding their breath, not for what goes on here. Snowden was very wise to seek asylum until some day this country will investigate REAL CRIMINALS, such as a few of those exposed by Manning, until then all Whistle Blowers need to be out of this country before releasing the information they have.

[msanthrope]

19. I truly think you would be an asset to the defense. You should contact them, posthaste. nt

[Luminous Animal]

6. Negative Manning Decision and the Future of Investigative Journalism

http://www.emptywheel.net/2013/07/18/negative-manning-decision-and-the-future-of-investigative-journalism/

Yet another journalist who has tirelessly, and superbly, covered the Manning prosecution, Alexis O’Brien, has written at the Daily Beast, the stakes for investigative journalism are also life and/or death in the face of the security/surveillance state. Citing the in court, and on the trial record, compelling testimony of Professor Yochai Benkler of Harvard Law School, Alexis related:

In a historic elocution in court last week, Prof. Yochai Benkler, co-director of the Berkman Center for Internet and Society at Harvard Law School, told Lind that “the cost of finding Pfc. Manning guilty of aiding the enemy would impose” too great a burden on the “willingness of people of good conscience but not infinite courage to come forward,” and “would severely undermine the way in which leak-based investigative journalism has worked in the tradition of [the] free press in the United States.”

“If handing materials over to an organization that can be read by anyone with an internet connection, means that you are handing [it] over to the enemy—that essentially means that any leak to a media organization that can be read by any enemy anywhere in the world, becomes automatically aiding the enemy,” said Benkler. “That can’t possibly be the claim,” he added.

Benkler testified that WikiLeaks was a new mode of digital journalism that fit into a distributed model of emergent newsgathering and dissemination in the Internet age, what he termed the “networked Fourth Estate.” When asked by the prosecution if “mass document leaking is somewhat inconsistent with journalism,” Benkler responded that analysis of large data sets like the Iraq War Logs provides insight not found in one or two documents containing a “smoking gun.” The Iraq War Logs, he said, provided an alternative, independent count of casualties “based on formal documents that allowed for an analysis that was uncorrelated with the analysis that already came with an understanding of its political consequences.”

Those really are the stakes in the, now, not all that new age of digital journalism. When the prosecutors in the Manning trial, upon direct questioning by Judge Lind as to whether they would still prosecute Manning if his leaks had been delivered straight to the New York Times or Washington Post, it had to be a wake up call for traditional media. Or so you would think. But, really, the outrage has been far greater over the James Rosen/Fox subpoena that could, and arguably should, be considered relative peanuts.

- See more at: http://www.emptywheel.net/2013/07/18/negative-manning-decision-and-the-future-of-investigative-journalism/#sthash.WuEuhVIB.DBivEpDs.dpuf

[msanthrope]

8. You've proved the point I made upthread--and proved that this wasn't about Wikileaks.

Manning, regardless of who he leaked to, would have been prosecuted for the leak, and its consequences under the UCMJ.

The who (WaPo, NYT, or Wikileaks) hasn't been prosecuted because they are media.

The upshot? Leak-based investigative journalism remains profitable for the media, not so much for the leakers.

[sabrina 1]

11. He, according to Defense Sec. Gates, who I presume knows about these things, did not aid

'the enemy'. This charge is ridiculous and only proves what everyone has said about what is going on in this country, and why NO WHISTLE BLOWER is safe in terms of finding any justice here.

Now that this has been proven beyond a doubt, from now on US Whistle Blowers will be seeking political asylum rather than subject themselves to such injustice, not to mention torture.

[msanthrope]

16. Then I wonder why the defense did not call Secretary Gates? Perhaps you should let them know. nt

[sabrina 1]

18. How do you know they did not?

[msanthrope]

20. I truly think you would be an asset to the defense. You should contact them, posthaste. nt

[sabrina 1]

21. A lot of people would be assets to the Defense, but the current system the Defense is trying

to operate under ensures that the Defense has as difficult a time defending their clients as possible. Guantanamo style justice is what we are talking about, it's become infamous around the globe.

[msanthrope]

22. Just because it is difficult, Sabrina, doesn't mean you should give up. I would contact the Defense

team, and let them know your strategy.

[KittyWampus]

7. It's going overboard, IMO. Hopefully his lawyer can mount a good defense.

[msanthrope]

9. No--it's not overboard, but Manning may skate the charge on the technical argument of the

intent standard. It's really the only chance he has.

I wonder if his lawyer wants to reopen and have Manning testify. I wonder if he can do that.

[sabrina 1]

13. Tell it to Gates. It isn't just 'overboard' it's way, way overboard.

Just as it took a member of the State Dept. to speak out against the torture of Manning and finally end it, though he did have to resign himself, in a country where no one can speak the truth without severe consequences anymore, hopefully someone else will have the courage Manning had himself, and speak out once again about this draconian system that is in place in this country today.

[byeya]

12. Military justice is to justice as military music is to music. (an oldie but goodie)