Is Wikileaks the "enemy" Bradley Manning is charged with "aiding"
In light of the implicit allegation that Manning transmitted this material to WikiLeaks, it is quite possible that WikiLeaks is the "enemy" referenced by Article 104, i.e., that the U.S. military now openly decrees (as opposed to secretly declaring) that the whistle-blowing group is an "enemy" of the U.S. More likely, the Army will contend that by transmitting classified documents to WikiLeaks for intended publication, Manning "indirectly" furnished those documents to Al Qaeda and the Taliban by enabling those groups to learn their contents.
The dangers of such a theory are obvious. Indeed, even the military itself recognizes those dangers, as the Military Judges' Handbook specifically requires that if this theory is used -- that one has "aided the enemy" through "indirect" transmission via leaks to a newspaper -- then it must be proven that the "communication was intended to reach the enemy." None of the other ways of violating this provision contain an intent element; recognizing how extreme it is to prosecute someone for "aiding the enemy" who does nothing more than leak to a media outlet, this is the only means of violating Article 104 that imposes an intent requirement.But does anyone actually believe that Manning's intent was to ensure receipt of this material by the Taliban, as opposed to exposing for the public what he believed to be serious American wrongdoing and to trigger reforms?
and as if to underscore the horrors that manning's charges demonstrate, glenn posted this late-breaking update...
Lt. Col. David Coombs, Manning's counsel, just posted the following:
Last night, PFC Manning was inexplicably stripped of all clothing by the Quantico Brig. He remained in his cell, naked, for the next seven hours. At 5:00 a.m., the Brig sounded the wake-up call for the detainees. At this point, PFC Manning was forced to stand naked at the front of his cell.
The Duty Brig Supervisor (DBS) arrived shortly after 5:00 a.m. When he arrived, PFC Manning was called to attention. The DBS walked through the facility to conduct his detainee count. Afterwards, PFC Manning was told to sit on his bed. About ten minutes later, a guard came to his cell to return his clothing.
This type of degrading treatment is inexcusable and without justification. It is an embarrassment to our military justice system and should not be tolerated. PFC Manning has been told that the same thing will happen to him again tonight. No other detainee at the Brig is forced to endure this type of isolation and humiliation.
we are SO far off the track... Submit To Propeller