Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

WillyT

(72,631 posts)
11. I Disagree...
Sat Jun 23, 2012, 07:56 PM
Jun 2012

First of all:

Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer. Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be "willful" under this article).

In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.

Seems like pretty good motivation to obey any order you're given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal.

"I was only following orders," has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn't work for them, nor has it worked in hundreds of cases since.


Link: http://usmilitary.about.com/cs/militarylaw1/a/obeyingorders.htm

Secondly... Bradley Manning disclosed the MURDER of Journalists and Iraqi Civilians by the Armed Forces of the United States of America.

If it weren't for Bradley Manning, we would never have known the CRIME that was committed in all of our names.



Let me guess. The various agencies will use the "National Security" defense to hide the files. Tierra_y_Libertad Jun 2012 #1
He can't get a proper defense without the evidence being fully presented. Go for it, attorneys! freshwest Jun 2012 #2
It's Gets A Tad Murky Any Way You Cut It, But Basically... WillyT Jun 2012 #4
My udnerstanding of the UCMJ is, National Security trumps everything. GarroHorus Jun 2012 #5
That May Or May Not Be True... Yet If There Is To Be ANY Defense At All For The Defendant... WillyT Jun 2012 #7
Without meaning to offend our DU military familes, I don't trust the higher ups in the military... freshwest Jun 2012 #8
Well, what Manning did is a pretty open and shut case under the UCMJ GarroHorus Jun 2012 #10
I Disagree... WillyT Jun 2012 #11
If that was all he disclosed, you'd be right GarroHorus Jun 2012 #12
Are You Aware That This "Secure" "Top Secret Site" Had The Passwords To Classified Info... WillyT Jun 2012 #13
Irrelevent GarroHorus Jun 2012 #17
What Crimes ??? WillyT Jun 2012 #18
He released every classified document he had access to. GarroHorus Jun 2012 #19
Well... Now We Know That You Are No Liberal... We Also Know You Are No Progressive... Question Is... WillyT Jun 2012 #20
No true liberal would ever support a traitor like Mainning GarroHorus Jun 2012 #21
So YOU... Are An American Liberal ??? WillyT Jun 2012 #22
Yes, I am an American Liberal GarroHorus Jun 2012 #25
Hogwash n/t clang1 Jun 2012 #26
Ellsberg was also branded a traitor but not by any Democrat or liberal or lefty that I knew. Luminous Animal Jun 2012 #32
Military Justice: "Lead the guilty man in for a fair trial and sentencing." Tierra_y_Libertad Jun 2012 #15
Pretty much. GarroHorus Jun 2012 #16
Funny how the "rules" apply to whistleblowers but not the bosses. Tierra_y_Libertad Jun 2012 #23
The Only Good Thing, Is The Amount Of Eyes That Have Been Opened... WillyT Jun 2012 #24
Du rec. Nt xchrom Jun 2012 #3
Empty suits conducting a Soviet style show trial n/t clang1 Jun 2012 #6
kick rhett o rick Jun 2012 #9
Manning is a whistle blower who committed the horrible crime of embarrassing his betters. Tierra_y_Libertad Jun 2012 #14
Releasing classified documents is not whistleblowing n/t SickOfTheOnePct Jun 2012 #27
Says who? You? n/t clang1 Jun 2012 #28
Says the law SickOfTheOnePct Jun 2012 #29
I see a higher authority here clang1 Jun 2012 #30
That's nice SickOfTheOnePct Jun 2012 #31
Funny how that sentiment generally only applies to the 99% Luminous Animal Jun 2012 #33
Latest Discussions»General Discussion»Bradley Manning’s Defense...»Reply #11