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Is Wired Hiding Key Evidence On Bradley Manning?

Hugh Pickens writes "Glenn Greenwald writes in Salon that for more than six months, Wired's Senior Editor Kevin Poulsen has possessed but refuses to publish the key evidence in the arrest of US Army PFC Bradley Manning for allegedly acting as WikiLeaks' source. 'In late May, Adrian Lamo — at the same time he was working with the FBI as a government informant against Manning — gave Poulsen what he purported to be the full chat logs between Manning and Lamo in which the Army Private allegedly confessed to having been the source for the various cables, documents and video which WikiLeaks released throughout this year,' writes Greenwald. Wired has only published about 25% of the logs writes Greenwald and Poulsen's concealment of the chat logs is actively blinding journalists who have been attempting to learn what Manning did and did not do. 'Whether by design or effect, Kevin Poulsen and Wired have played a critical role in concealing the truth from the public about the Manning arrest,' concludes Greenwald. 'This has long ago left the realm of mere journalistic failure and stands as one of the most egregious examples of active truth-hiding by a "journalist" I've ever seen.'"

381 comments

  1. Fallout... by clone52431 · · Score: 2

    Publishing evidence is what got Wikileaks in trouble in the first place. I doubt Wired will reveal anything without a subpoena.

    --
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    1. Re:Fallout... by chemicaldave · · Score: 1

      But they already have revealed sections of the logs with incriminating evidence. What's the point?

    2. Re:Fallout... by Enderandrew · · Score: 4, Insightful

      The remaining chat logs can contain details deemed to be national secrets. Releasing them publicly could get them in legal trouble.

      They could also contain information about their other informants/sources, which journalists typically try to protect. Withholding that info would actually be the height of journalistic integrity.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    3. Re:Fallout... by Tackhead · · Score: 0

      Publishing evidence is what got Wikileaks in trouble in the first place. I doubt Wired will reveal anything without a subpoena.

      If only there were some sort of site, maybe like a website whose pages were editable by anybody, through which material could be leaked...

    4. Re:Fallout... by toastar · · Score: 0, Redundant

      Withholding that info would actually be the height of journalistic integrity.

      War is peace.

    5. Re:Fallout... by Desler · · Score: 2, Insightful

      This has to be one of the worst uses of a 1984 quote ever. How is it not the height of journalistic integrity to protect the identity of your sources that wish to remain anonymous? Are you saying that they should be giving up this material and thus compromising their source?

    6. Re:Fallout... by Toe,+The · · Score: 1

      The remaining chat logs can contain details deemed to be national secrets. Releasing them publicly could get them in legal trouble.

      They could also contain information about their other informants/sources, which journalists typically try to protect. Withholding that info would actually be the height of journalistic integrity.

      ...which is precisely what makes a meta-news-organization like wikileaks so different. They're not trying to protect anyone: they reveal everything and let the consequences be responsible for themselves.

    7. Re:Fallout... by Anonymous Coward · · Score: 0

      Releasing them publicly could get them in legal trouble.
      I don't think they fear this; it certainly didn't prevent The New York Times from publishing material during the Bush (43) administration.

    8. Re:Fallout... by flaming+error · · Score: 2, Interesting

      > Withholding that info would actually be the height of journalistic integrity.

      Exactly.

      Plus, If Wired got the info from a government informant (Adrian Lamo), presumably Lamo should have the info. And the FBI should have the info.

      I don't see why this article is coming down on Kevin Poulsen - compared to Manning, Lamo, and the FBI, Poulsen is an innocent bystander, making editorial and ethical decisions that seem to be pretty much by the journalistic integrity book.

    9. Re:Fallout... by BobMcD · · Score: 5, Insightful

      Compromising which source, exactly? Lamo? Manning? Or the DOJ?

      None of these seem to be anonymous at this point.

    10. Re:Fallout... by BobMcD · · Score: 5, Interesting

      I don't see why this article is coming down on Kevin Poulsen - compared to Manning, Lamo, and the FBI, Poulsen is an innocent bystander, making editorial and ethical decisions that seem to be pretty much by the journalistic integrity book.

      Because it appears that Poulsen is on the job as well. In fact, I've never believed that the May trip to visit Lamo was legit. I've always suspected that this particular non-article was to cover Poulsen's visit to Lamo in which they collaborated on the Manning story. Likely, even, while Lamo was still chatting with Manning.

      Unclean hands...

    11. Re:Fallout... by Desler · · Score: 1

      Compromising which source, exactly?

      In case you didn't actually bother to read the parent quote that started this thread:

      They could also contain information about their other informants/sources, which journalists typically try to protect. Withholding that info would actually be the height of journalistic integrity.

      This isn't saying that for sure there is some other unnamed sources they are trying to protect, but if there is and they are withholding this evidence to protect their identities than it very much is the height of journalistic integrity. Now it is also likely there are no other sources. We can't really say and Greenfield is mostly just blubbering.

    12. Re:Fallout... by Peach+Rings · · Score: 2

      Wired doesn't need to make excuses until they're legally compelled to release the information with a subpoena or a court order.

    13. Re:Fallout... by BobMcD · · Score: 2

      Well, actually, we can really say. How many have been arrested and placed into 23-hour-a-day confinement? Exactly one. Mystery solved.

    14. Re:Fallout... by LinEagle · · Score: 1

      According to Glen Greenwald in this statement, Poulsen chose to voluntarily withhold the full logs. Nowhere is any mention of national security or other sources mentioned by Poulsen or Greenwald. We should not have to guess at Poulsen's reasons for not disclosing the full logs when he could state right out why.

      --
      All posts released under the GNU Free Documentation License
    15. Re:Fallout... by amRadioHed · · Score: 3, Interesting

      That's not true. Wikileaks protects their sources as much as any journalist does, and for the exact same reason. If you don't protect your sources, you won't have any sources to protect.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    16. Re:Fallout... by YrWrstNtmr · · Score: 1

      They're not trying to protect anyone: they reveal everything and let the consequences be responsible for themselves.

      On their terms and their timetable. They most definitely have not 'released everything'.
      Also, Wired releasing this supposed info could influence an eventual jury (one way or the other).

    17. Re:Fallout... by flaming+error · · Score: 1

      "It appears"? "I've never believed"? "I've always suspected"?

      Maybe whatever you believe is correct. But is there some sort of evidence Poulsen participated in ... whatever you allege he did?

    18. Re:Fallout... by _Sprocket_ · · Score: 2

      ...which is precisely what makes a meta-news-organization like wikileaks so different. They're not trying to protect anyone: they reveal everything and let the consequences be responsible for themselves.

      Except that they are now vetting their releases through news organizations in the attempt to avoid criticism over providing names of informants like they did their last release. They are certainly protecting people now. They are certainly revealing less than "everything". And they seem to be much more interested in consequences than originally stated.

    19. Re:Fallout... by BobMcD · · Score: 1

      Wired doesn't need to make excuses until they're legally compelled to release the information with a subpoena or a court order.

      Indeed. And even then, they could likely refuse to testify against themselves. But then again we're discussing the court of public opinion at this point, not a court of law.

    20. Re:Fallout... by Cwix · · Score: 1

      Just because one person has been arrested, doesnt mean there are no other "sources".

      --
      You are entitled to your own opinions, not your own facts.
    21. Re:Fallout... by ChikMag777 · · Score: 1

      Is it that difficult to just redact the names of any other informants/sources?

    22. Re:Fallout... by Anonymous Coward · · Score: 0

      toastar, you are a moron.

    23. Re:Fallout... by Anonymous Coward · · Score: 0

      Yes, which is why they don't want to tatttle on the ones that haven't been arrested yet, if any.

    24. Re:Fallout... by BobMcD · · Score: 1

      Since I'm not an active participant in any part of this process, my freedom to draw my own conclusions is completely unimpugned. I can speculate wildly and you can either agree or disagree as you see fit.

      Now were I bringing charges, or stating that I know such and such to be a fact then I'd be expected to present some evidence. As I'm doing neither, I'm using the appropriate labels throughout all my conversations, as you have clearly noticed.

      Seeing the full logs would settle it, I'd think.

    25. Re:Fallout... by BobMcD · · Score: 1

      Just because I don't think jam will kill me doesn't mean it isn't poisoned either.

      There exists a notion of 'likelihood'.

    26. Re:Fallout... by Rotworm · · Score: 1

      I think toastar was referring to doublethink. That something that's the height of journalist integrity is being criticised as being so bad it is beyond "journalistic failure."

    27. Re:Fallout... by MyFirstNameIsPaul · · Score: 0

      This is the U.S. We no longer have rule of law.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    28. Re:Fallout... by Anonymous Coward · · Score: 0

      There's evidence that the government put pressure on Lamo beforehand as well, and we won't know what that was. According to Wired, Lamo was arrested prior to Bradley being arrested.
      Wired shrugged it off as the police officer noticing strange behavior, and that Lamo wasn't on his meds. However, if you read between the lines, it seems that they were after Wikileaks then, and must have made threats. At that point, Lamo would have felt pressure to come up with a scapegoat, or to give up actual informants, we don't know. In any case, Lamo could have forged those chat logs.

    29. Re:Fallout... by FroBugg · · Score: 1

      Here's something to call into question Poulsen's integrity: Lamo has continued to make claims about what Manning told him and how Manning first contacted him. Some of these claims seem to be contradictory. Not only has Poulsen not released the remainder of the logs, he has so far refused to use them to fact-check Lamo's more recent accusations.

    30. Re:Fallout... by flaming+error · · Score: 1

      > you can either agree or disagree as you see fit.
      I'm not interested in agreeing or disagreeing, just interested in what happened.

      You may indeed be free to draw your own conclusions, but I consider it unethical to impugn a person's honor based solely on "wild speculation."

      If you don't have any basis for your beliefs, you have no right to assassinate his character, and you can take your baseless conclusions to that heaven reserved for all those who have unshakable faith in the imaginary.

    31. Re:Fallout... by squiggleslash · · Score: 2

      How is it not the height of journalistic integrity to protect the identity of your sources that wish to remain anonymous?

      That ship sailed when Lamo and Poulson shopped Manning to the feds. Besides, nobody at Wired is coming up with this argument. It's safe to say that if the issue was "protecting sources", we'd have heard that excuse from the horse's mouth by now.

      Some on-topic stuff from Wikipedia, just to fill time because four minutes is not enough time to write a Slashdot reply, according to that idiot CmdrTaco.

      Chats with Adrian Lamo
      Adrian Lamo passed Manning's chat logs to the authorities because he feared lives were at risk.[10]

      On May 21, Manning went online to chat with Adrian Lamo, a former hacker. The Washington Post writes that Lamo had recently been profiled by Wired magazine, and Manning had e-mailed Lamo, introducing himself as "an army intelligence analyst, deployed to eastern baghdad, pending discharge for 'adjustment disorder.'" In a series of chats over a period of a week, he told Lamo what he had done. He asked Lamo: "If you had unprecedented access to classified networks 14 hours a day 7 days a week for 8+ months, what would you do?" He told Lamo that he felt isolated and ignored at work, and was angered by some of the classified material he had read. He said he was a "wreck": "Ive been isolated so long ... i just wanted to figure out ways to survive ... smart enough to know whats going on, but helpless to do anything ... no-one took any notice of me," he wrote. He said he had been leaking files to a "white haired aussie," Julian Assange of Wikileaks. He said: "i'm exhausted ... in desperation to get somewhere in life ... i joined the army ... and that's proven to be a disaster now ... and now i'm quite possibly on the verge of being the most notorious 'hacktivist' or whatever you want to call it ... its all a big mess i've created."[10]

      On May 25, he told Lamo he had taken CD-RWs containing music to work, erased them and rewrote them with the downloaded documents. According to Wired, he wrote that he "listened and lip-synced to Lady Gaga's 'Telephone' while exfiltrating possibly the largest data spillage in American history ... pretty simple, and unglamorous ..." Of the security he wrote: "it was vulnerable as fuck ... no-one suspected a thing ... =L kind of sad ... weak servers, weak logging, weak physical security, weak counter-intelligence, inattentive signal analysis... a perfect storm ". He asked Lamo "i mean what if i were someone more malicious," writing that he could have sold the material to Russia or China. When asked why he had not done that, he wrote: "it belongs in the public domain ... information should be free."[13]

      He said he had leaked the Baghdad airstrike video, a video of the Granai airstrike, and 260,000 diplomatic cables, and hoped the release of the material would lead to "worldwide discussion, debates, and reforms ... if not ... than [sic] we're doomed ... as a species ... i will officially give up on the society we have if nothing happens." He told Lamo he felt encouraged by the response to the Baghdad airstrike video: "the reaction to the video gave me immense hope ... CNN's iReport was overwhelmed ... Twitter exploded ..."[13] He said Secretary of State Hillary Rodham Clinton and several thousand diplomats were "going to have a heart attack" when they discovered that an "entire repository of classified foreign policy is available, in searchable format to the public ... everywhere there's a US post ... there's a diplomatic scandal that will be revealed."[10] He wrote: "I want people to se

      --
      You are not alone. This is not normal. None of this is normal.
    32. Re:Fallout... by chrb · · Score: 4, Informative

      The remaining chat logs can contain details deemed to be national secrets. Releasing them publicly could get them in legal trouble.

      The problem is that Lamo has spent the last few months revealing information from the chat logs. Journalists are repeating what he says as fact without being able to check them against the chat logs. Lamo has been making contradictory statements and changing his statements to apparently support the needs of the DOJ - he said that there was no explicit evidence of anyone helping Manning in the logs, the DOJ said it needed evidence of Assange directly helping Manning, and suddenly Lamo claims the logs contain explicit statements that Assange instructed Manning in how to upload files to Wikileaks. Convenient!

      Lamo was involuntarily committed to a mental hospital three weeks before Manning's arrest. Now he is talking to the press about these supposed confidential chat logs that they are unwilling to release. They are unwilling to release even the portion of chat statements that would directly confirm or deny Lamo's public statements. There are rumours that Poulsen and Lamo are both informants, and that both are somehow linked to Project Vigilant - a group that tracks internet users and hands the data over to the Federal Government ("what they essentially are is some sort of vigilante group that collects vast amount of private data about the Internet activities of millions of citizens, processes that data into usable form, and then literally turns it over to the U.S. Government, claiming its motive is to help the Government detect Terrorists and other criminals..")

      The article has been updated saying that Wired has promised a response, and Greenwald says "What they ought to do, at the absolute minimum, is post the portions of the chat logs about which Lamo had made public statements or make clear that they do not exist." Is that so unreasonable? Or is the world expected to believe verbatim the contradictory statements of a mentally ill man who refuses to show anyone the evidence behind those statements?

    33. Re:Fallout... by icebike · · Score: 2

      Well it rather depends on when they got the Cease and Desist order from the Judge doesn't it?

      Poulsen man not be authorized to have the logs, which themselves may carry a secret designation. After all he got them from a person working for the government at the time.

      Or those logs may be harmful to the prosecution or defense case, in which case one or both lawyers may have sought protection in the form of a court order.

      --
      Sig Battery depleted. Reverting to safe mode.
    34. Re:Fallout... by BobMcD · · Score: 1

      I'm not impugning anyone's honor, per se. I have no evidence to do so. Nor should my opinion be capable of damaging such a person as would have use for such honor.

      I'm merely pointing out that my chain of events makes more sense than theirs does - with what information we have at hand.

      There's no veracity to this, and it could easily be proven false. These are the limits of armchair speculation. Rather as I predict what the weather will actually be like tomorrow, I'm going with my gut here.

      And I'm completely open to opinions to the contrary. Got any?

    35. Re:Fallout... by Anonymous Coward · · Score: 0

      "journalistic integrity" horse pucky, that is and always has been an oxymoron.

      Comon ignorance is not knowing that "journalist" is a euphamism for "reporter" the lowest form of life on the planet.

    36. Re:Fallout... by Cwix · · Score: 1

      Well youve gone from the position to he was the only one, to the position he was probably the only one.

      Just cause you deem it likely he was the only one, doesnt mean your right.

      Your premise of likelihood relies on your implication that the government has completed their investigations, I mean he was the only one arrested right? That fails the logic test, we dont know the government has all the pertinent info, in fact they havnt even said they have all the info. If the investigation is ongoing, which it certainly seems as manning hasnt been charged yet, then they could always find other sources, or even info that exonerates manning (I believe this to be unlikely).

      --
      You are entitled to your own opinions, not your own facts.
    37. Re:Fallout... by 7-Vodka · · Score: 1

      The remaining chat logs can contain details deemed to be national secrets.

      What the fuck are we in Britain now? There is no official secrets act here. Wired is not bound in any way shape or form from publishing anything that is of public interest by the wishes of the people in power. Doesn't matter what you call it, be it "national secrets", top secret, classified, eyes only... Wired has the right to publish it.

      I know your perception must be the 3 key documents of this country, the declaration, the constitution and the bill of rights are dry legal documents. They are not, they are miraculous documents which deliver power and freedom to all they were intended for and read simply and clearly. The first amendment is just that, the FIRST. I mean god damn, it's first because of importance. Read it.

      --

      Liberty.

    38. Re:Fallout... by Anonymous Coward · · Score: 0

      ...which is precisely what makes a meta-news-organization like wikileaks so different. They're not trying to protect anyone: they reveal everything and let the consequences be responsible for themselves.

      TOTAL LIE

      Wikileaks has a full assessment and redaction cycle like any other news organization.

      I think you owe us an explanation. Are you just ignorant or are you intentionally trying to decieve?

    39. Re:Fallout... by Tumbleweed · · Score: 1

      Also, Wired releasing this supposed info could influence an eventual jury (one way or the other).

      What jury? Manning is in military jail. Military trials don't work anywhere near the same way as civilian ones do. They're actually rather barbaric, rather like the conditions he's being kept in. :(

    40. Re:Fallout... by CharlyFoxtrot · · Score: 1

      It looks like Assange is trying to set up Wikileaks as a Reuters-like news agency for leaks. That does seem like the best way to guarantee global coverage but it's also pretty far from the original concept which might explain the recent disillusionment of Some of Wikileaks' collaborators

      --
      If all else fails, immortality can always be assured by spectacular error.
    41. Re:Fallout... by flaming+error · · Score: 1

      > I'm not impugning anyone's honor, per se

      Of course you are. "Unclean hands" are dishonorable.

      Definition of IMPUGN
      transitive verb
      1
      : to assail by words or arguments : oppose or attack as false or lacking integrity

      Definition of PER SE
      : by, of, or in itself or oneself or themselves : as such : intrinsically

    42. Re:Fallout... by harlows_monkeys · · Score: 1

      How is it not the height of journalistic integrity to protect the identity of your sources that wish to remain anonymous?

      That ship sailed when Lamo and Poulson shopped Manning to the feds.

      Lamo, who is the one who contacted the feds, is not a journalist.

    43. Re:Fallout... by dr2chase · · Score: 1

      Yes, but ... that sets up Assange as a relatively sane person within the organization, which is contrary to the spin I've been hearing -- that the other collaborators thought he was unstable or a big ego or some such.

    44. Re:Fallout... by grcumb · · Score: 1

      They could also contain information about their other informants/sources, which journalists typically try to protect. Withholding that info would actually be the height of journalistic integrity.

      They could also contain information that shows that Manning was led to believe that he was being offered confidentiality by 'journalist' Lamo, who, in contravention of California law, had no intention of offering said protection. They could also explain how it was that Manning decided to confide in Lamo (with whom he had no prior association) in the first place. One of the points that Greenwald's column makes is that there's strong circumstantial evidence that Manning might have been led by Rasch or even Poulsen himself to believe that Lamo could be trusted, though they knew all the while that he was being informed upon.

      I'm not a legal expert of any kind, so it's possible that this behaviour is not illegal, but it most certainly runs afoul of the basic tenets of journalism.

      So the issue here is whether Poulsen and/or Rasch deliberately used the cover of journalism to trick Manning into revealing himself. If that's the case, then one or both of them quite rightly face being cast out of the journalistic establishment.

      The problem here is that the only direct evidence of such a conflict is in Poulsen's hands. So he/we can't establish his integrity (or lack thereof) without releasing these documents.

      So what Greenwald has suggested is that Poulsen either confirm or deny Lamo's public statements (made in the pages of the New York Times, no less). Poulsen has to date declined to do so. This doesn't reflect well on him as a journalist, because his stated reasons for withholding the transcripts are no longer valid. This leads to suspicion that there might be other reasons for him to hide them.

      If you accept this line of reasoning, you can still argue that Poulsen and Rasch are patriots. You cannot, however, suggest that they are acting according to the dictates of journalistic ethics.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    45. Re:Fallout... by YrWrstNtmr · · Score: 2

      What jury? Manning is in military jail. Military trials don't work anywhere near the same way as civilian ones do.

      And it is quite clear you have zero clue. Yes, they are different. And quite often there is a 'panel' (consisting of officer and/or enlisted members), which is equivalent to a civilian jury. And if by 'barbaric' you mean an automatic appeal process in serious cases, well then go with that.

    46. Re:Fallout... by Enderandrew · · Score: 1

      I'm going to hazard a guess that they handed everything over to the Feds, but not to the public. His defense attorney would be throwing a fit if he was entrapped and there was evidence to prove it.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    47. Re:Fallout... by BobMcD · · Score: 1

      I believe it all to be incredibly unlikely. So at least in that way we agree.

      I feel the likelihood that the chat logs would expose any as-yet unknown sources is far, far, far less than the likelihood that they would not. In so much that I do not believe that this tiny possibility would mean that they should remain undisclosed.

    48. Re:Fallout... by HiThere · · Score: 1

      Yes, because you don't just need to delete the names, you need to hide the events that would allow the sources to be identified. Figuring out just which events those are can be quite difficult.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    49. Re:Fallout... by Tumbleweed · · Score: 0

      Don't you have to prove your innocence in military trials? No presumption of innocence? That's my understanding, anyway. An automatic appeals process hardly makes up for that. And the conditions Manning is being held in are considered torture by many - even John McCain (though he won't admit it now). The military doesn't hold the moral high ground on this case.

    50. Re:Fallout... by _Sprocket_ · · Score: 1

      It looks like Assange is trying to set up Wikileaks as a Reuters-like news agency for leaks. That does seem like the best way to guarantee global coverage but it's also pretty far from the original concept which might explain the recent disillusionment of Some of Wikileaks' collaborators

      The documentary I saw (which is often re-posted by Wikileaks supporters without this part) has those disillusioned individuals first complaining about Assange's focus of resources on the US cable leaks / "collateral murder" guncamera footage and then Assange's handling of that criticism (I believe the quote was "piss off").

    51. Re:Fallout... by BobMcD · · Score: 1

      Again, all clearly labeled as suspicion rather than fact. Or at least this was my intent.

    52. Re:Fallout... by Anonymous Coward · · Score: 0

      Grow up. You're a jackass. Your rantings on your homepage and your prior Slashdot postings show you are a child with pretensions of intellectual and political grandeur who is unable to string together any kind of cogent argument. This is just plain silly.

    53. Re:Fallout... by geminidomino · · Score: 1

      Actually, that's all we have. Said law just happens to be made-to-order these days.

    54. Re:Fallout... by Anonymous Coward · · Score: 0

      I believe it all to be incredibly unlikely. So at least in that way we agree.

      I feel the likelihood that the chat logs would expose any as-yet unknown sources is far, far, far less than the likelihood that they would not. In so much that I do not believe that this tiny possibility would mean that they should remain undisclosed.

      ...except if that tiny likelihood is proved true and then they should not?

      Nobody is flipping over random cards here, with one that says "other sources" and all the others that say " it was only him." There exists a truth that we do not know, but others do. The likelihood of other sources given your lack of full knowledge is not relevant to the truth.

      The potential for other sources which should be protected is one reason for us to accept the lack of disclosure. The unlikelihood of other sources is not a good enough reason to demand total disclosure unless you believe that protecting sources is not a good enough reason, in which case you would call for disclosure.

      If you agree that protecting source is a worthy reason to withhold the information, you must qualify any request for disclosure with the exception of the existence of other sources which should be protected.

      If you would, please make your position clear?

    55. Re:Fallout... by YrWrstNtmr · · Score: 4, Informative

      Don't you have to prove your innocence in military trials? No presumption of innocence? That's my understanding, anyway.

      Your understanding is quite wrong.

      You could read it for yourself. But I'll enlighten you a little
      Manual for Courts Martial 2008 (PDF and .mil warning)
      p. 461

      851. Atr 51. Votings and ruling

      (c) Before a vote is taken on the findings, the military judge or the president of a court-martial without a military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them---

      (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
      (2) that in the case being considered, if there is reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
      (IANAML - emphasis mine)

    56. Re:Fallout... by Anonymous Coward · · Score: 0

      Just because I don't think jam will kill me doesn't mean it isn't poisoned either.

      There exists a notion of 'likelihood'.

      There exists a man who knows the jam is poisoned. He knows this because he poisoned it himself. You offer him the jam, extolling its jammly virtues, but he refuses and tells you that it is poisoned. You tell this man "that's unlikely" and then proceed to eat the jam yourself. You die. It was a very unlikely death.

    57. Re:Fallout... by coerciblegerm · · Score: 1

      Wired doesn't need to make excuses until they're legally compelled to release the information with a subpoena or a court order.

      In that case, Wired doesn't need to publish information they are unable or unwilling to back up with evidence.

    58. Re:Fallout... by grcumb · · Score: 1

      I'm going to hazard a guess that they handed everything over to the Feds, but not to the public.

      That's almost certainly true. Lamo pretty much said that in numerous interviews.

      The question at hand is what Poulsen intends to do with the 75% of the logs that he has not yet published.

      His defense attorney would be throwing a fit if he was entrapped and there was evidence to prove it.

      It's possible that the discovery process hasn't yielded the logs (yet).

      I suspect that this is one of the reasons why there's a concerted move afoot to shake these logs loose from Poulsen's grip. This kind of trial is pretty much open and shut. Did PFC Manning view, extract and release materials illegally? If the confession is true, then it's a slam-dunk, legally speaking.

      Given the long odds against exoneration or even leniency, it makes sense for the lawyer to argue at least some of the case in the court of public opinion:

      • Expose the conditions of Manning's confinement as a way of bringing scrutiny on the Army's behaviour;
      • Begin to cast doubt about the means by which Manning's confession was obtained. This might not materially affect the case, as UCMJ is not very pliant where a suspect's privacy or rights of the accused are concerned. It might just make the public more sympathetic to Manning, though, and that's worth a lot because of the political nature of the case.
      • Put some heat on Poulsen, Rash and especially Lamo; try to destroy their character and credibility.
      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    59. Re:Fallout... by BobMcD · · Score: 1

      Well, it certainly is enough to demand full disclosure. To COMPELL it, no. But we've met the standard to insist on either disclosure or at least some relevant detail.

      He hasn't even gone so far as to claim there are other sources at risk...

    60. Re:Fallout... by Xaositecte · · Score: 1, Interesting

      The Article specifically cites:

      "numerous individuals in the Boston area, including MIT students who (due at least in part to Lamo's prior accusations) have been the subject of WikiLeaks-related probes by the FBI."

      So yes, we can pretty unambiguously state that there ARE other sources, or at best accessories, that need to be protected by not releasing the chat logs.

      Considering what has happened to the one source that DID get implicated, Bradly Manning is being held in the most inhumane and unconstitutional conditions imaginable, it's not just a fine show of journalistic integrity they're showing by not releasing the chat logs, it's a fine show of basic human dignity.

    61. Re:Fallout... by pacergh · · Score: 1

      Hogwash.

      News organizations have a right to publish information. The government cannot chill free speech by declaring some things 'publishable' and other 'non-publishable.' The Supreme Court dealt with this in the Pentagon Papers case.

      And how much legal trouble is Wikileaks in? No one with Wikileaks has been charged with a crime related to the disclosure of top secret information. Julian Assange's only charge is under some Swedish law for sexual misconduct of some kind. It has no legal relation to the Wikileaks disclosures. (Now, political relations are quite different than legal. Those charges may be a legal tool to reach a political end, but that's different than they being a legal tool based on the disclosures themselves.)

      Compare with Bradley Manning. He is charged with espionage because he violated his oaths as a soldier and someone who deals with confidential, top-secret information. He cannot, legally, disclose this information. This is because of his relationship with the U.S. government — a relationship most U.S. citizens do not have. (I certainly don't have top secret clearance of any kind; I also don't have a duty to not disclose top secret information.)

      Finally, how much trouble have these leaks really caused? Has anyone really learned anything they didn't know?

      The saddest thing is the reaction from the U.S., the world champion of free speech, to someone's exercise of free speech.

    62. Re:Fallout... by Anonymous Coward · · Score: 0

      If Manning could get this information out, then actual intelligence agencies world wide have had access to all the information for years now, by placing informants at even high levels than Manning was at. With the informants names not redacted out. China, Israel, Russia, India, Pakistan, Venezuela, Japan, and so on have had full access to all our "secrets."

      The only secret is that is being kept is from the American people by their own government.

    63. Re:Fallout... by Xaositecte · · Score: 1

      Lamo has been diagnosed Aspergers disorder, which makes the article, and yourself, consistently describing him as "Mentally ill" pretty dishonest, intellectually.

      The phrase mentally ill tends to carry a lot more negative connotations than Aspergers, especially here on /.

    64. Re:Fallout... by NoSig · · Score: 1

      Batman has requested that his involvement be kept out of the press.

    65. Re:Fallout... by chrb · · Score: 1

      Lamo has been diagnosed Aspergers disorder,

      Given that he has (apparently) been on anti-depressants for years, there is likely more than just Aspergers at work there. I know people with Aspergers - none of them have ever been involuntarily committed to a mental hospital. His Aspergers diagnosis is relatively recent, and given how Aspergers is apparently viewed as some kind of awesome hacker trait, I would question whether it is really what Lamo suffers from, or a convenient diagnosis... the people who I know with the Aspergers traits and severe depression issues are diagnosed Aspergers and bipolar. Of course, Wired is going to write articles about super-leet Aspergers hackers, not bipolar hackers...

      The phrase mentally ill tends to carry a lot more negative connotations than Aspergers, especially here on /.

      It may be true that people on /. equate Aspergers with superhuman computer skills, and look less favourably on other mental issues, but that's not really my fault... if it turns out that Lamo is bipolar, would your opinion change? If so, then that is your bias at work, not mine.

      I don't have any issue with Aspergers, bipolar people - with medication and time they can be great contributors to society. But being involved in such a high-profile case during a severe breakdown, it is legitimate to question his mental state. Maybe he was fine; having known several bipolar people (but not pure Aspergers people) who have had similar involuntary hospitalisations, I doubt this to be the case.

    66. Re:Fallout... by MyFirstNameIsPaul · · Score: 1

      What we have is martial law.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    67. Re:Fallout... by cold+fjord · · Score: 1

      Wikileaks protects their sources as much as any journalist does, and for the exact same reason. If you don't protect your sources, you won't have any sources to protect.

      Is WikiLeaks Reneging on its Financial Promise to Bradley Manning?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    68. Re:Fallout... by Hutz · · Score: 1

      Rule 1, you don't publish things that get your sources arrested.

      Dumping data blindly is not journalism. Analysis and context make it so

    69. Re:Fallout... by Xaositecte · · Score: 1

      It's Mr. Greenwald's fault, though perhaps not yours if you honestly don't see the difference. The way you say things does make an impact upon how people perceive them, especially if they're not curious enough to find out the whole story for themselves.

      TFA is pretty clearly attempting to cast Lamo in the worst light possible. I, personally, leap to the conclusion of schizophrenia when I hear someone described as mentally ill, especially when combined with the words "involuntarily committed." The diagnosis of Aspergers was actually something of a shock.

      And that's just it, it's not just my biases, it's intentionally writing the article to trigger those biases that is intellectual dishonest.

    70. Re:Fallout... by CharlyFoxtrot · · Score: 2

      I don't get how people, especially geeks, are surprised by that. It's a story we've seen with a thousand projects out there:

      - guy starts project
      - geeks of all kinds, exited by the projects' potential, pile in
      - project leader moves project in one direction
      - when some geeks complain project leader tells them where they can stick their complaints
      - a fork is started without any of the leadership, momentum or funding

      Nothing different about Wikileaks, just geeks doing their normal rituals.

      --
      If all else fails, immortality can always be assured by spectacular error.
    71. Re:Fallout... by Anonymous Coward · · Score: 0

      Apparently this A.C. poster has no interest in historic U.S. documents or letting people immigrate here legally, so get off his lawn.

    72. Re:Fallout... by tchdab1 · · Score: 1

      If Wired wants to practice journalism and the details of Manning's arrest warrant disclosure, they should do so. The US constitution is behind them.
      Of course, we don't get to decide for ourselves if the details warrant disclosure unless Wired publishes them, or at least implies what they are ("Wired has learned that Manning was arrested.....").

      Go for it Wired. Be something besides a graphic advertisement drafting table, or a tech-porn site.

    73. Re:Fallout... by cold+fjord · · Score: 1

      .... that sets up Assange as a relatively sane person within the organization, which is contrary to the spin I've been hearing -- that the other collaborators thought he was unstable or a big ego or some such.

      “I am the heart and soul of this organization, its founder, philosopher, spokesperson, original coder, organizer, financier and all the rest,” ... “If you have a problem with me, piss off.” --- Julian Assange writing to Herbert Snorrason

      Julian Assange paid two thirds of WikiLeaks salary budget

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    74. Re:Fallout... by tchdab1 · · Score: 1

      Looks like many with more background into the Lamo-Manning relationship have posted more relevant stuff below. Still think they should publish what they have.

    75. Re:Fallout... by Anonymous Coward · · Score: 0

      So, if I'm reading this right, he felt unnoticed and useless, and wanted the world to pay attention to him.
      No, really.

      Anonymous Coward because of the chilling effect of Anonymous on rational discussion.

    76. Re:Fallout... by Leafheart · · Score: 1

      He is in solitary confinement 23 hours a day; is not allowed to exercise in his cell; has been denied a pillow and sheets;

      WTF?!?!?!?!!? Is there any way to corroborate these facts. Because this is fucking ridiculous.

      --
      --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
    77. Re:Fallout... by Anonymous Coward · · Score: 0

      ...aaaaand cue response by Wired in 3..2..1....:
      http://feeds.wired.com/~r/wired/index/~3/rQSqPtqvZM4/

    78. Re:Fallout... by _Sprocket_ · · Score: 1

      I'm not surprised. But what I do see is this cult of personality around Assange and Wikileaks that ignores any possibilities outside the narrow scope of people's ideal in what both of those are or represent. What's interesting is watching how those ideals fail to match reality to such an extent that even Wikileaks itself no longer conforms to those ideals. Yet we're going to still hear very emotional, well-worded appeals about a Wikileaks that no longer exists (and denials that Assange can do any wrong).

    79. Re:Fallout... by Anonymous Coward · · Score: 0

      That's not true. Wikileaks protects their sources as much as any journalist does, and for the exact same reason. If you don't protect your sources, you won't have any sources to protect.

      So you're saying it's ok for Wikileaks to have secrets because without their own secrets they can't expose the secrets of others?

    80. Re:Fallout... by unitron · · Score: 1

      I'm beginning to wonder if this isn't all just Lamo, Manning, and Assange having a crazy-off.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    81. Re:Fallout... by Weezul · · Score: 1

      Or more likely they'll damage the government's case against Manning.

      Did you know the Rosenberg's were executed based upon falsified evidence? We don't know if Julius Rosenburg was actually spying, but Ethel almost surely wasn't involved

      It wouldn't surprise me if all the evidence against Manning was falsified. They might've deduced his guilt through counter intelligence tools they don't want revealed. Or maybe they're aware of which base accessed the cables, and Manning was just disliked by the wrong general there.

      --
      The Christian religion has been and still is the principal enemy of moral progress in the world. -- Bertrand Russell
    82. Re:Fallout... by Anonymous Coward · · Score: 1

      both are somehow linked to Project Vigilant - a group that tracks internet users and hands the data over to the Federal Government ("what they essentially are is some sort of vigilante group that collects vast amount of private data about the Internet activities of millions of citizens, processes that data into usable form, and then literally turns it over to the U.S. Government, claiming its motive is to help the Government detect Terrorists and other criminals..")

      You correctly quoted from the link. Not your fault that information is incorrect, all though I have to ask myself why Mr Greenwald investigator and journalist is so quick to swallow and endorse their press release as an accurate description. A separate and larger "patriots" group does "collect" data, but mainly it "profiles" and "assesses" individuals and groups, Vigilant(e) is a smaller "active" group. I'd encourage people to form their own conclusions.

      Warning:- these are muddied waters, the larger activities represented by this group are far from passive and reactive. At best their targets are the "perceived" enemies of a "stable" US economy, which rightly or wrongly involves the recruitment of players within government (cough DOJ cough) and private industry (cough ISPs cough) - often "coercively".

      A couple of links to start:-

      Now I'm worried that a tin-foil hat *might* be a sensible precaution... ;-p

    83. Re:Fallout... by Xaositecte · · Score: 2

      Disregard this, I spoke only reading that single article. From this:

      http://utdocuments.blogspot.com/2010/06/email-exchange-with-wireds-kevin.html

      It seems he's already passed on the whole of the logs to the Army and FBI, he's not protecting jack.

    84. Re:Fallout... by Anonymous Coward · · Score: 0

      Since there is no "-1, Factually incorrect" option, I'll post this:

      http://en.wikipedia.org/wiki/Julius_and_Ethel_Rosenberg

      http://en.wikipedia.org/wiki/VENONA#Julius_and_Ethel_Rosenberg

      In summary: Ethel was probably only an accomplice, but Julius was most certainly a spy and a traitor. The nuclear secrets he leaked were not as crucial as once believed, but he leaked them (along with a ton of other sensitive information) to a hostile nation. I'll leave the question of punishment open, but those are the facts.

      I know left-wingers like to imagine that the "commie threat" was all Joseph McCarthy's fever-dream, but there actually were communist agents acting to undermine and weaken the USA to the benefit of the USSR. The extent of the infiltration appears to be quite large judging by newly revealed information. Was McCarthy's reaction appropriate? Again, I'll leave that open to debate, but I'm tired of the Pollyanna denials.

    85. Re:Fallout... by Anonymous Coward · · Score: 0

      You fit your own description.

    86. Re:Fallout... by _Sprocket_ · · Score: 1

      Another pithy quip with no actual argument. How surprising.

    87. Re:Fallout... by nstlgc · · Score: 1

      Manning is being held in the most inhumane and unconstitutional conditions imaginable, because Lamo and Poulsen, both convicted felons and both not known for their trustworthyness [citation needed] ratted him out to the government.

      You implying that they're keeping the logs secret to protect Manning's or Assange's cohorts is ridiculous at the very least.

      --
      I'm Rocco. I'm the +5 Funny man.
    88. Re:Fallout... by Apatharch · · Score: 1

      If journalists were in the habit of providing legal support to their sources once outed, and Manning had also been confirmed as Wikileaks' source (which they have consistently denied), then you might have had an argument there.

    89. Re:Fallout... by Anonymous Coward · · Score: 0

      Because the public needs to know the whole truth about the case in order to have their own individual opinion about it. Leaving out information changes the viewers opinion on the case or the subject, and without pressure from voters (both political and with your wallet) someone with an agenda in this case are able to manipulate public opinion.

      I don't see why this article is coming down on Kevin Poulsen - compared to Manning, Lamo, and the FBI, Poulsen is an innocent bystander, making editorial and ethical decisions that seem to be pretty much by the journalistic integrity book.

      Who is the easiest target if you want the information open?

    90. Re:Fallout... by morgandelra · · Score: 1

      People seem to forget that Manning is not covered by the US Justice System, he is covered under the Uniform Code of Military Justice, and that he is VOLUNTEERED to be under this code justice. The UCMJ is nowhere near as cuddly as the US civilian courts.

    91. Re:Fallout... by dr2chase · · Score: 1

      Problem is, your source is Wired, and if what's at question is their journalistic integrity, that could be spin, it could be news. If he is in fact all the things that he claims, in particular founder, financier, and original spokeperson, his management style would not be that unusual, either.

      And when I click the link, I find that the amount Assange is paid, is $86,000/year. That's not exactly scandalous -- the headline, while mathematically accurate, is nonetheless misleading.

    92. Re:Fallout... by cold+fjord · · Score: 1

      An yet, oddly enough, Wikileaks is providing funds for Mannings defense.... it just happens to fall far short of what was expected, or needed.

      So far, Paterson said Manning's American supporters have raised about $50,000, and they had reached an earlier verbal agreement with WikiLeaks to cover the rest after WikiLeaks began publicly soliciting funds on Manning's behalf in July.

      However, WikiLeaks spokesman Kristinn Hrafnsson said last week they would be donating only $20,000 to the funds. Late Tuesday, Hrafnsson said in an e-mail to The Washington Post that there had been a misunderstanding about the status of the payment had been "rectified" and the "payment is being processed now." Is WikiLeaks Reneging on its Financial Promise to Bradley Manning?

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    93. Re:Fallout... by kevinNCSU · · Score: 1

      When you join the military you voluntarily give up a lot of your rights. For example, you could be legally required to be in a fox hole without blankets or sheets 24 hours a day unable to exercise in the dead of winter with inadequate clothing and food while German artillery pounds the hell out of your position. And that's if you're doing your job correctly. Manning betrayed his country and oath in a time of war disseminating classified information to the enemy. And they won't give him a pillow? Cry me a fucking river.

    94. Re:Fallout... by Duradin · · Score: 1

      If you think solitary is the most inhumane treatment imaginable you don't have much of an imagination.

      The Inquisition was hundred of years ago and since then we've learned a lot about how nerves and pain in general work.

    95. Re:Fallout... by LordLimecat · · Score: 1

      and unconstitutional conditions imaginable

      Im not sure that means what you think it means.

    96. Re:Fallout... by LordLimecat · · Score: 1

      considered torture by many - even John McCain (though he won't admit it now)

      I havent followed the post-leak situation much, so cant comment to much on THAT, but if John McCain is "not admitting" that it is torture, who are you to put words in his mouth?

    97. Re:Fallout... by Enderandrew · · Score: 1

      The denial of pillow and sheets is common for anyone that might be considered a suicide risk.

      I guarantee you he isn't the only prisoner in the United States who sits in solitary confinement for 23 hours a day. In fact, I believe that is the common form of solitary confinement.

      The fact that he can't exercise in his cell is odd.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    98. Re:Fallout... by Enderandrew · · Score: 1

      In time of war, if you refuse one direct order from a commanding officer, you can be shot on the spot without a trial.

      Manning will likely be convicted of treason and executed. And while some will find this barbaric, Manning wasn't forced to join the military. He volunteered to join the military and in doing so he fell under the perview of the UCMJ.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    99. Re:Fallout... by Enderandrew · · Score: 1

      Section 793 of the Espionage Act. Do some reading.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    100. Re:Fallout... by Anonymous Coward · · Score: 0

      [citation needed]

      They can publish what the hell they want. Free speech, private citizens, all that rot?

    101. Re:Fallout... by mcvos · · Score: 1

      There's no rule of law when the rule doesn't follow the law, but instead follows daily convenience and whims of those in power.

    102. Re:Fallout... by mcvos · · Score: 1

      Manning betrayed his country and oath in a time of war

      Was it really a time of war? Has war been declared? I'm not a lawyer, but if war hasn't legally been declared, then I don't think it could legally be a time of war, now could it?

    103. Re:Fallout... by kevinNCSU · · Score: 1

      Was it really a time of war? Has war been declared? I'm not a lawyer, but if war hasn't legally been declared, then I don't think it could legally be a time of war, now could it?

      Since you want to play the pedant game yes, it could. Welcome to the second half of the 20th century. For example, in the Korean War congress never officially declared war. However, the president issued a finding saying a "state of war" existed for the purposes of the Uniform Code of Military Justice. This changes the maximum punishment for things like disobeying an order, misconduct by a sentry, and spying. There hasn't been an official finding from the president or other authority whether a state of war exists but I believe if the prosecution wanted to push for something that would be effected by the change a ruling would have to be made as to whether such a state does exist. (IANAML)

      That said I wasn't referring to the legal state of war. I was more referring to how both the officials and "jury" will view him for committing these crimes due to the current situation: harshly

    104. Re:Fallout... by MyFirstNameIsPaul · · Score: 1

      I don't recall that the UCMJ authorizes what is being done to him right now.

      --

      I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    105. Re:Fallout... by budgenator · · Score: 1

      Manning is being held in the most inhumane and unconstitutional conditions imaginable ...

      1. Why do you think being in a Marine Red Line Brig is unconstitutional, atypical maybe but certainly not unusual.
      2. inhumane, he gets his one hr in the exercise yard, 3 meals and a bunk. He's even protected from having the other prisoners pounding the piss out of him.
      3. If he's convicted, this will give him a valuable warm-up for the rest of his life.
      4. Obviously you don't have much of an imagination, the Navy can put you on bread and water for 3 days. The worst thing the could do to him now is place him in general population; a Gay Soldier who dishonored the service in general population surrounded by Marine prisoners, now that doesn't take any imagination to figure out, dead man walking.
      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    106. Re:Fallout... by geminidomino · · Score: 1

      Oh come now, that's not fair.

      They're very good about following the law. They just first change it to suit what they want to do.

      After all, the Constitution isn't really "the law." It's just a list of suggestions. Kind of like all those "Hardening Linux" tutorials on the web...

    107. Re:Fallout... by budgenator · · Score: 1

      A1) Pfc. Manning, as well as every other maximum custody detainee, is allotted approximately one hour of television per day. ...
      A2) Pfc. Manning, as well as all other maximum custody detainees, is allowed to correspond and visit with only those HE has personally identified as whom he would like to correspond and visit with.
      A3) Pfc. Manning is allowed to converse with other detainees as long as the conversation does not interfere with good order and discipline.
      A4) Pfc. Manning is allotted one hour of recreation time per day, as is every other maximum custody detainee. Depending on the weather, his recreation time may be spend indoors or outdoors. Activities may include calisthenics, running, basketball, etc.
      A5) No detainees are allowed to exercise in their cell. As a matter of safety, all exercise must be supervised.
      A6) Pfc. Manning, as well as all other detainees, is issued adequate bedding.
      A maximum custody detainee also receives daily television, hygiene call, reading and outside physical activity without restraint. He receives the same approved daily meals from the base food service master menu as any other service member would receive. Quantico Information

      I know these conditions may seem a bit harsh to people who have never been in jail or prison, but they really aren't outrageous. I'd guess that the no sheets or pillow thing is a suicide prevention measure.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    108. Re:Fallout... by Anonymous Coward · · Score: 0

      So we need another Nuremberg. I see where you folks are going with this line of reasoning, and I agree. When any sanctioned strategy threatens the future of the nation you man up and cut the poisoned limb. I would like to add, though, that a philosophy is the enemy, not the practitioners, so let's do truth and reconciliation instead of civil war, k?

    109. Re:Fallout... by Aighearach · · Score: 1

      Just cause you deem it likely he was the only one, doesnt mean your[sic] right.

      No, it means he's likely right. And you're likely wrong.

    110. Re:Fallout... by Aighearach · · Score: 1

      Nobody in that prison how pillows or sheets, so while it can be verified that he doesn't have them, the word "denied" is seriously and intentionally misleading.

    111. Re:Fallout... by Aighearach · · Score: 1

      Having looked at the relevant UCMJ (no cite, read it yourself :o) I would say the only thing he could be executed for would be espionage. That charge is quite possible here. He's not going to get a Treason charge because while he was violating the trust of the nation, he was not intentionally helping the enemy. His intention was more in the area of a civilian whistle-blower. Espionage is quite a bit broader in definition than Treason.

      But he won't be executed, there are too many civilians making a silly fuss about his detention as it is. Life in prison isn't exactly a weak sentence, I don't see the military minding that.

      Normally in military courts they only use the death sentence for murder or rape.

    112. Re:Fallout... by 7-Vodka · · Score: 1

      The espionage act? seriously? You are nuts.

      The espionage act is completely unconstitutional and has been gutted to shit by the supreme court over the years.

      Maybe you should do some reading.

      --

      Liberty.

    113. Re:Fallout... by Aighearach · · Score: 1

      This is an urban myth that has been smacked down by the Supreme Court of the United States multiple times. There is not some special "Declaration of War" that the congress has to fill out to meet wartime requirements. The SCOTUS has found that when the congress has allocated monies for a military action, that proves they supported it and serves as the congressional requirement for declaring a state of war. Really the court has been broader than that; if there is combat on the ground, and that fact is publicly known, and congress has had a chance to take up the matter, and hasn't expressed any complaint, then it is implicitly both a state of war, and an approved one.

      You don't have to like it; you don't have to think it's a good reading of the original rules. It's the Law, because the SCOTUS said so.

    114. Re:Fallout... by fluffy99 · · Score: 1

      He is in solitary confinement 23 hours a day; is not allowed to exercise in his cell; has been denied a pillow and sheets;

      WTF?!?!?!?!!? Is there any way to corroborate these facts. Because this is fucking ridiculous.

      He is also considered a suicide threat, hence not giving sheets with which to hang himself.

    115. Re:Fallout... by Enderandrew · · Score: 1

      When was section 793 thrown out? Wait, it never has been.

      And in 1971 a federal judge ruled that Daniel Ellsberg and Anthony Russo could be tried for releasing the Pentagon Papers under the same Espionage Act.

      And Wikipedia mentions that the constitutionality of the law has been questioned in the courts "although none of these decisions directly overruled it".

      The law is largely unconstitutional and should be thrown out, but it hasn't.

      The point of the parent article is that Wikileaks could force the government to start enforcing the law that they've largely ignored in the past 80 years.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    116. Re:Fallout... by Enderandrew · · Score: 1

      Treason and espionage are both possible becuase the leaked documents did include troop movements, strategies, etc.

      Wikileaks did thankfully redact some of that.

      And the Taliban has threatened to hunt down and murder familiies of civilians assisting NATO that were named in the Afghan documents.

      It is a stretch, but you can argue that he aided the Taliban with the leak.

      I was in the Marine Corp 10 years ago, so policies and training could have changed. But I was taught quite clearly that wars are won and lost when the opponent no longer has the will to fight. Wars are fought with propoganda as much as they are with bullets.

      I believe he will be executed because the military can't afford the precedent to allow Manning to get off light. And again, while this seems extremely harsh to others, Manning never was forced to sign up for the military.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    117. Re:Fallout... by Enderandrew · · Score: 1

      There is a double-standard here.

      Lives depend on military members immediately and willfully obeying orders. But Nuremberg did determine that obeying illegal orders is itself illegal.

      Individual military members aren't really afforded the freedom to make that distinction, but can be held accountable regardless.

      When I was in the Marine Corps, we watched films like this one:

      http://www.imdb.com/title/tt0074695/plotsummary

      The moral of the movie seemed to encourage enlisted men to think for themselves and stand up for what they felt was right, regardless of an order by a commanding officer, while at the same time I was trained to immediately and willfully obey all orders.

      --
      http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    118. Re:Fallout... by coerciblegerm · · Score: 1

      [citation needed]

      They can publish what the hell they want. Free speech, private citizens, all that rot?

      I never said they couldn't. It just comes down to basic journalistic ethics and integrity, you know... all that rot.

    119. Re:Fallout... by CharlyFoxtrot · · Score: 1

      Reality does seem to become disconnected from fact whenever there is an issue which is as polarizing as this one with each side setting up a straw-man version of the other side and an idealised version of themselves. I would argue that it is to early to judge Assange and Wikileaks. Currently it is an organization under siege, the necessity of fending off attacks is the main factor shaping how it is operating and the personality cult I think also springs mostly out of the romanticism of the circumstance. Of course that doesn't mean that Wikileaks should be exempt from criticism or shouldn't be closely scrutinized but they do deserve some leeway.

      --
      If all else fails, immortality can always be assured by spectacular error.
    120. Re:Fallout... by Aighearach · · Score: 1

      You're not going to get a conviction, much less a death sentence, on what is obviously as you say, a "stretch."

    121. Re:Fallout... by _Sprocket_ · · Score: 1

      I would argue that it is to early to judge Assange and Wikileaks. Currently it is an organization under siege, the necessity of fending off attacks is the main factor shaping how it is operating and the personality cult I think also springs mostly out of the romanticism of the circumstance. Of course that doesn't mean that Wikileaks should be exempt from criticism or shouldn't be closely scrutinized but they do deserve some leeway.

      I don't see why they deserve any leeway. Wikileaks has been around for 4 years now. It has had plenty of time to establish itself to include their mode of operation. During that time, Wikileaks has sought after the kind of attention that they are now getting. The romanticism that seems to attract the most fervent support is very much cultivated by Assange himself. That doesn't mean that any and all criticism is valid in it's own right; I despise the comparisons to terrorist organizations, for example. But I do see an established organization and a project leader who are worth a close look - especially when we see such emotional support thrown behind it.

    122. Re:Fallout... by 7-Vodka · · Score: 1

      Maybe you should watch this

      Judge Napolitano knows way more about this kind of law than either of us and he says the supreme court has already ruled on this very issue.

      --

      Liberty.

  2. Irony by mortalmatt · · Score: 5, Funny

    So, if someone decides to leak the chat logs will Wikileaks publish them?

    1. Re:Irony by Anonymous Coward · · Score: 0

      So, if someone decides to leak the chat logs will Wikileaks publish them?

      I would hope so... after all Wikileaks did published the list of Wikileaks donors when it was leaked.

    2. Re:Irony by betterunixthanunix · · Score: 1

      Probably not, since doing so would endanger the welfare of a former American soldier...

      --
      Palm trees and 8
    3. Re:Irony by Anonymous Coward · · Score: 0

      So, if someone decides to leak the chat logs will Wikileaks publish them?

      I realize that you were trying to be funny, but the answer is "yes" they probably would publish them. Especially if they provide evidence that could help exonerate Bradley Manning.

    4. Re:Irony by Arancaytar · · Score: 1

      Yes, but whoever leaks them should be careful not to brag about it in a chatroom.

  3. So...? by mark72005 · · Score: 1

    So what exactly is /. intimating is in these logs that Wired and the shadowy conspiracy in which they are complicit wants withheld from the public?

  4. Is Wired protecting a source? by Garth+Smith · · Score: 2

    I don't know enough details to decide if Wired is protecting a source (my first instinct) or if they are really holding back the press. I firmly believe that citizens deserve more privacy while governments need to be more open, and Manning sure has the deck stacked against him!

    1. Re:Is Wired protecting a source? by dunng808 · · Score: 1

      Wired's duty to protect their sources is more important to the nation -- the people -- than helping the government to prosecute those sources. Democracy demands freedom of the press.

      --

      Gary Dunn
      Open Slate Project

    2. Re:Is Wired protecting a source? by BobMcD · · Score: 1

      Wired's duty to protect their sources is more important to the nation -- the people -- than helping the government to prosecute those sources. Democracy demands freedom of the press.

      Unless those sources are the government, due to Wired's being employed by the DOJ to solicit Manning's confession.

    3. Re:Is Wired protecting a source? by Anonymous Coward · · Score: 0

      WTF are you talking about? How did Wired "solicit Manning's confession" if they never once spoke to him? How were they employed by the government? I strongly suspect you're massively confusing Lamo and Paulson, and I suggest you learn the facts before posting.

    4. Re:Is Wired protecting a source? by BobMcD · · Score: 1

      Oh, I'm not confusing them. I'm recognizing how entities farm things out to one another in order to obfuscate the true actors in their crimes.

      Lamo was a puppet of Wired and Wired was a puppet of the DOJ.

      This explains the non-story they printed back in May about Lamo. Not that anyone would have noticed or cared that Poulson spent the weekend with him in San Diego. But they ran a cover story anyway...

    5. Re:Is Wired protecting a source? by Anonymous Coward · · Score: 0

      Wired is running by liberals. They didn't want to reveal during the cramming through of the repeal of Don't-Ask-Don't-Tell that an angry faggot had committed treason out of spite.

  5. Secret Identity! by drakonandor · · Score: 2

    From TFA: (1) For the last six months, Adrian Lamo has been allowed to run around making increasingly sensationalistic claims about what Manning told him; journalists then prominently print Lamo's assertions, but Poulsen's refusal to release the logs or even verify Lamo's statements prevents anyone from knowing whether Lamo's claims about what Manning said are actually true. (2) There are new, previously undisclosed facts about the long relationship between Wired/Poulsen and a key figure in Manning's arrest -- facts that Poulsen inexcusably concealed. (3) Subsequent events gut Poulsen's rationale for concealing the logs and, in some cases, prove that his claims are false. Sounds kinda like Assange has a lot in common with #2, and #3.

  6. Whats Greenwald's angle? by vlm · · Score: 1

    Glenn Greenwald writes

    Whats Greenwald's angle? Anyone know?

    I read what he's writing, all very good agitprop, but the unreleased info could be used for many different purposes depending on what it is, maybe Greenwald already knows. Or his buddy told him to support it. If it happens to match a pre-existing agenda of his. So in that scenario, if we know his agenda, we know what the unreleased contents are..

    --
    "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    1. Re:Whats Greenwald's angle? by FroBugg · · Score: 2

      Greenwald's agenda is that Bradley Manning has been held in solitary confinement for seven months without yet being charged with a crime. The chat logs (which the federal government has copies of) may contain evidence that helps to exonerate Manning or to prove his guilt. Outside of Lamo, Poulsen, Manning, and the government, nobody knows.

      However, Lamo has continued to make (sometimes conflicting) statements about what Manning has told him, and Poulsen refuses to so much as confirm or deny whether the logs support any of these statements.

    2. Re:Whats Greenwald's angle? by peteinok · · Score: 4, Informative
    3. Re:Whats Greenwald's angle? by vlm · · Score: 2

      Greenwald's agenda is that Bradley Manning has been held in solitary confinement for seven months without yet being charged with a crime. The chat logs (which the federal government has copies of) may contain evidence that helps to exonerate Manning or to prove his guilt. Outside of Lamo, Poulsen, Manning, and the government, nobody knows.

      However, Lamo has continued to make (sometimes conflicting) statements about what Manning has told him, and Poulsen refuses to so much as confirm or deny whether the logs support any of these statements.

      That sounds like an accurate summary of the guys article, rather than his angle, or agenda or goal, or whatever.

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    4. Re:Whats Greenwald's angle? by squiggleslash · · Score: 1

      Journalistic integrity.

      One of Greenwald's many recurring themes is the lack of integrity by journalists who spout an establishment line and stick to it, in the face of overwhelming evidence the line contradicts reality. The media's handling of Wikileaks has been a topic of interest for the last few months because it demonstrates the extreme lack of integrity that Greenwald has been highlighting, notably:

      • The repeating of government talking points that are, in fact, counter-factual (such as the commonly repeated untruth that Wikipedia has published 250,000 leaked diplomatic cables.)
      • The refusal to address the actual scandals raised by the leaks (in part because many of them implicate the media as well - see the Dyncorp child rape scandal as an example of where press collusion using the "Lives will be lost" excuse is virtually an aside by the diplomats involved.)
      • The side lining of government critics and concentration on talking heads that buttress the pro-government position
      • And in this case, an ex-con with a history of mental illness has his, contradictory, accounts of his role in the capture of the alleged leaker published, uncritically and with no health warning, as a lead New York Times story, with a refusal by those who have the logs that show what actually happened to publish that information.

      Those are the four that spring to mind just off the top of my head. Read Greenwald's blog for a more in depth analysis with appropriate links to articles discussing it.

      General background: Greenwald is a fairly respected anti-establishment left-wing constitutionalist media critic whose entries frequently result in upset amongst the media establishment. Reportedly, Barack Obama considers Greenwald his critic of conscience because of Greenwald's related attacks on Obama's continuation of many of Bush's executive-supremacy policies. Despite the subjective nature of many of his subjects, his articles tend to be well researched, linked to supporting evidence, albeit with a tone that puts many people off.

      --
      You are not alone. This is not normal. None of this is normal.
    5. Re:Whats Greenwald's angle? by FroBugg · · Score: 1

      I was mistaken then, my mistake. But although he has been charged, Manning still has yet to be convicted, and his incarceration certainly seems excessively harsh in a country where people are presumed innocent until proven otherwise.

    6. Re:Whats Greenwald's angle? by dr2chase · · Score: 1

      albeit with a tone that puts many people off

      Given who he offends, I view that as a feature, not a bug.

    7. Re:Whats Greenwald's angle? by Anonymous Coward · · Score: 0

      Don't forget the bit about cruel and unusual punishment either.

    8. Re:Whats Greenwald's angle? by IhateMonkeys · · Score: 0

      Cruel and unusual? This is a military brig, not Camp Cupcake that Martha Stuart vacationed at.
      I have actually seen the cells in the Quantico brig. They are about 10ftx10ft with a concrete "bed". You are confined to your cell for 23 hours a day and all meals are served in your cell. Although the bed is concrete you are provided a mattress, pillow, blanket and sheets. These must be rolled up and stored neatly during the day.
      You are not permitted to sleep during normal waking hours, you may not lay down. You are only permitted to read the Bible (or your choice of religious texts), the UCMJ or legal material related to your case.

      This is the same location and conditions that John Hinkley Jr was held under after his attempted assassination of President Reagan.

      Cruel? Hardly. Unusual? Maybe to John Q. Public, but certainly not the military. Excessively harsh? Not a chance. He is a U.S. soldier accused of treason. He is undoubtedly a flight risk considering he is face life in prison and potentially the death penalty.

    9. Re:Whats Greenwald's angle? by budgenator · · Score: 1

      "A maximum custody detainee also receives daily television, hygiene call, reading and outside physical activity without restraint. He receives the same approved daily meals from the base food service master menu as any other service member would receive." Quantico Information
      Also how can someone be cruelly and unusually punished when the aren't being punish only in pre-trial confinement?

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  7. here we go again. by sigterm9 · · Score: 0

    This is beginning to sound like a "domino effect" of anyone who has any info relating to those events...

  8. Journalists by Anonymous Coward · · Score: 0

    Damned if you do, damned if you don't. :)

  9. Ethics lecture from a sock puppet by Anonymous Coward · · Score: 0, Troll

    Greenwald has a sock puppet past, so it is a bit hard to take his great moral indignation too seriously. Google Greenwald sock puppet to see the posts on the topic.

    1. Re:Ethics lecture from a sock puppet by etymxris · · Score: 4, Informative

      Yup I googled what you said to and came up with this:

      http://glenngreenwald.blogspot.com/2006/07/response-to-right-wing-personal.html

      Doesn't exactly confirm your accusations.

    2. Re:Ethics lecture from a sock puppet by kismet666 · · Score: 5, Interesting

      You're right etymxris, AC is full of it. Claiming that Greenwald's 'sock puppetry' undermines his credibility, when the sources for those charges are suspect and Greenwald has convincingly repudiated them demonstrates the AC is a liar and quit possibly a sock puppet herself.

  10. Give it to Assange ... by hargrand · · Score: 2

    ... if he doesn't publish it, then we'll have proof of what many of us have strongly suspected: he's a hypocrite.

    1. Re:Give it to Assange ... by hedwards · · Score: 1

      No we won't. He's never claimed that he'd publish something that would out his source. Unless you've got a citation otherwise.

    2. Re:Give it to Assange ... by gambino21 · · Score: 1

      How would publishing the remaining chat logs "out his source"? Are you referring to Bradley Manning? He's already been outed by Lamo and Poulson. Greenwald in TFA seems to suspect that the remaining chat logs could provide information that would help Manning and possibly Wikileaks. This seems like something they would want to release.

  11. Greenwald must be bored by cartoonduck · · Score: 0, Troll

    with attacking all the other people who don't see his vast conspiracy theories and how everyone is against you. They're watching you right now! Pull the drapes! Maybe Wired just isn't following the new norm of shooting their mouth off without all the facts and are, you know, checking the sources and considering what the repercussions might be.

    1. Re:Greenwald must be bored by kismet666 · · Score: 1

      Apparently you don't actually read Greenwald before criticizing him. His posts are supported by verifiable facts. You might disagree with his conclusions, but he doesn't just make up stuff and start pandering it, he uses logic and facts to make his arguements. Some of his conclusions are quite scary: he sees that the US media has abandoned its critical role in our democracy and has become little more than a propaganda channel for the ruling class.

    2. Re:Greenwald must be bored by gambino21 · · Score: 1

      That's a nice ad hominem attack on Greenwald, but it's not really relevant to the discussion. He presents a pretty solid case that at least some of the unreleased chat logs should be released to either confirm or deny claims being made by Lamo.

      Maybe Wired just isn't following the new norm of shooting their mouth off without all the facts and are, you know, checking the sources and considering what the repercussions might be.

      Tell that to Bradley Manning.

    3. Re:Greenwald must be bored by unitron · · Score: 1

      ...They're watching you right now! Pull the drapes!...

      I don't have any drapes at the moment.*

      Is there any hope for me that doesn't involve Reynolds Wrap?

      *(poster board thumbtacked to the window frame, so, no, no free show for the neighbors)

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    4. Re:Greenwald must be bored by cartoonduck · · Score: 0

      I actually used to read Greenwald regularly and I think its a precarious position to call anything a pundit says a "fact". He's funded by the same media he claims to rail against or he wouldn't be linking his various appearances in that media. His conclusions are scary because he draws the lines to the dots he wants to make the picture he wants. This is what "outsiders" who are "against the system" (but funded by it)do. He's just another guy convinced that people are out to get Wikileaks in some vast conspiracy that only makes sense when you go hopping through all their hoops

  12. Pot meet kettle by Anonymous Coward · · Score: 1

    Wired not publishing all of the information it has? OH NOOOOOOOOOOOOOEZ! Wikileaks does the same shit, not to mention blackmail as well.

    1. Re:Pot meet kettle by hedwards · · Score: 1

      Blackmail? What blackmail? Blackmail implies that there was a point where if the US government had given into some demand by Wikileaks that they would've held it back from being released.

    2. Re:Pot meet kettle by Sparx139 · · Score: 1

      I think he was referring to the insurance file. But I agree with you - putting up a file and effectively saying "if we go down then this thing gets opened" isn't blackmail. It's simply a protective measure.

      --
      Our culture doesn't get smarter, it just finds new ways of being retarded.
  13. Anyone want to start a pool? by Duradin · · Score: 2

    Anyone want to start a pool on when Anonymous will DDoS Wired for not supporting Wikileaks?

    1. Re:Anyone want to start a pool? by peteinok · · Score: 1

      Anyone want to start a pool on when Anonymous will DDoS Wired for not supporting Wikileaks?

      one week.

    2. Re:Anyone want to start a pool? by Anonymous Coward · · Score: 0

      You want to illegally and financially harm a company because their journalistic ethics don't match your personal conspiracy theory?
      You're a fucking idiot.

  14. Incredible by Anonymous Coward · · Score: 0

    This is all hearsay and wouldn't be accepted in any reputable courtroom anyway.
    For all we know Lamo is guilty and could be just trying to shove the blame on someone else.

    Lamo: I did it. I met Manning on disgruntled-army-boys.net and thought he would be a good scapegoat.
    Poulsen: Interesting...

  15. What the fuck? by pclminion · · Score: 3, Interesting

    Ok, totally baffled here. We don't know what, if any, sort of information Poulsen has about a possible link between Manning and Wikileaks. If he does possess such information, then what he has is information about a confidential source relationship. Greenwald is suggesting that the failure to release this information somehow is a failure of journalistic integrity on the part of Poulsen? I don't know where the fuck Greenwald went to school, but the protection of source confidentiality is one of the tenets of journalism. Perhaps he's upset that Poulsen doesn't work for Wikipedia and should therefore divulge any information he has. I find it hard to believe that professional journalists would make it a habit of outing each other's sources in such a manner. What is this guy smoking?

    1. Re:What the fuck? by amliebsch · · Score: 1

      What source? There are basically only three people involved here: Manning, Lamo, and Poulsen. If third parties are mentioned in the chats between Manning and Lamo, Poulsen is under no journalistic obligation to protect those identities because they are not sources. At the very least he could at least verify the veracity of the public revelations of his compatriot, Lamos.

      --
      If you don't know where you are going, you will wind up somewhere else.
    2. Re:What the fuck? by Jah-Wren+Ryel · · Score: 4, Interesting

      Greenwald is suggesting that the failure to release this information somehow is a failure of journalistic integrity on the part of Poulsen? I don't know where the fuck Greenwald went to school, but the protection of source confidentiality is one of the tenets of journalism.

      You mean like how Lamo and by extension Poulsen promised Manning journalistic confidentiality as a source for a Wired article?

      --
      When information is power, privacy is freedom.
    3. Re:What the fuck? by chrb · · Score: 5, Interesting

      If he does possess such information, then what he has is information about a confidential source relationship... I don't know where the fuck Greenwald went to school, but the protection of source confidentiality is one of the tenets of journalism.

      You do realise that it was Lamo (Wired journalist) who turned his source over to the FBI? The evidence suggests that Wired and/or their journalist staff do not have an absolute policy of protecting their sources.

    4. Re:What the fuck? by Anonymous Coward · · Score: 0

      My translation of this article "Whaaa! He might have information that I don't and I don't think that is fair. Whaaa!"

    5. Re:What the fuck? by Isaac-1 · · Score: 1

      An absolute policy of protecting a source is an idiot concept. Afterall what do you do when your source tells you he is responsible for a criminal act, more importantly what do you do when they tell you they plan to do more criminal acts? Even in the current example, there is a fine blurry line here between whisle blower and releasing state secrets that could get people killed Now consider if the source was a member of some fringe group that thinks freedom of expression extends to blowing up things as a form of protest.

    6. Re:What the fuck? by hedwards · · Score: 1

      That's a part of protecting your source. You don't release that sort of information that could be used to verify the source unless you have to and with the approval of the source. Doing anything else could very easily result in you being informally blacklisted by people looking to leak things to the press.

    7. Re:What the fuck? by chrb · · Score: 4, Informative

      what do you do when your source tells you he is responsible for a criminal act, more importantly what do you do when they tell you they plan to do more criminal acts?... Now consider if the source was a member of some fringe group that thinks freedom of expression extends to blowing up things as a form of protest.

      I don't have to imagine this situation - it happened with terrorist groups in Northern Ireland: The moral reason never to tell (British Journalism Review 2005):

      In such scenarios, journalists need first to address the moral dilemma: are they investigative journalists first, or citizens of the State first? They cannot jump between the two. If they decide it is the latter, then they should not be giving confidential sources worthless guarantees that at some point in the future they will abandon. In the issue of collusion, for journalists to identity their confidential sources makes them no better than the agents of the State they are exposing.

      Let me state categorically where I stand on the issue of a journalist's confidential sources of information. For me, the fundamental ethical principle of journalism is that we have a moral imperative to give a guarantee of anonymity to genuine confidential sources providing bona fide information. There can be no transparency in the trust that our sources must have in us as professional journalists. If we sacrifice that trust, we betray our credibility as reporters of the truth. Likewise, if there is no trust between the confidential source and the journalist, it destroys the concept of honesty in the verification of the evidence given by that source.

    8. Re:What the fuck? by arnott · · Score: 0

      wtf are you talking about ? Greenwald is talking about chat logs and you are talking source confidentiality. And, you do know the difference between Wikipedia and Wikileaks, right ?

      You protect the source, after publishing the information the source revealed. For Wired, Lamo was the source and the chat logs were part of the information revealed by the source. Wired has neither released the full chat logs nor written an article revealing insights regarding the issue based on the chat logs.

    9. Re:What the fuck? by dr2chase · · Score: 1

      Except it's all bizarro. The FBI has the drives containing the logs; presumably, they have the logs (see TFA). Who's being protected from whom? The most plausible explanation I can come up with is that someone is an information, either Lamo, Poulsen, or some third party that we don't know about, and that is what's being kept secret. Or, Poulsen is himself involved (Manning could have contacted him, right? Makes a hell of a lot more sense than contacting Lamo) and it has been suggested that life will be better for him if he doesn't release the chat logs. Maybe the feds would really like to go after Assange (duh), and the logs undermine their case. And, further, if the chat logs are all released to the public now, it will be difficult to (ahem) edit them before any trial, or to "lose" parts that might be useful to Assange's defense. (Given events of the previous decade, none of this would surprise me much at this point.)

      It doesn't pass my smell test -- their treatment of Manning, the leisurely way in which they are proceeding to trial, and Poulsen's behavior.

      FURTHERMORE, this behavior doesn't achieve the desired outcome from "protecting the source". Having seen this, would YOU leak information to Poulsen, or trust him to protect you as a source? I wouldn't. This makes him look like he's in cahoots with the FBI.

    10. Re:What the fuck? by ScentCone · · Score: 1

      The evidence suggests that Wired and/or their journalist staff do not have an absolute policy of protecting their sources.

      Right. Because being journalists doesn't relieve them of the complications and obligations that with knowing things about a crime.

      --
      Don't disappoint your bird dog. Go to the range.
    11. Re:What the fuck? by LordLimecat · · Score: 1

      Adrian Lamo isnt a journalist, last time I checked.

    12. Re:What the fuck? by LordLimecat · · Score: 1

      Where are you getting the idea that Lamo is a Wired journalist?

    13. Re:What the fuck? by Jah-Wren+Ryel · · Score: 1

      Adrian Lamo isnt a journalist, last time I checked.

      Check Again
      Adrian Lamo is a journalist, threat analyst, and former hacker. His intrusions included Microsoft, The New York Times Co., and Salon.com. He is reachable via e-mail at adrian[at]adrian.org.

      --
      When information is power, privacy is freedom.
  16. Kevin Poulsen and Adrian Lamo are Informants by Anonymous Coward · · Score: 5, Interesting

    It's been an open secret for some time that Kevin Poulsen and Adrian Lamo are both federal informants and have been since they were released from prison. That was part of the deal that they made with the government when arrested to avoid the hell that Kevin Mitnick went through when arrested. Even if it weren't an open secret, their actions in regards to Bradley Manning and Wikileaks expose them.

    The chat log between Adrian Lamo and Bradley Manning will likely never see the light of day.

    1. Re:Kevin Poulsen and Adrian Lamo are Informants by yoyoq · · Score: 1

      mod parent up

    2. Re:Kevin Poulsen and Adrian Lamo are Informants by Anonymous Coward · · Score: 1

      To add to this a bit more, didn't Lamo break California law by misrepresenting himself as a journalist while being an informant for the Feds? That brings up Fed vs. State legal wranglings, but it still rubs me the wrong way that he committed what amounts to wire fraud for the Feds. I guess when you work for the other side you really do get a golden pass.

      Mannings only mistake was talking to the wrong person. Of course there is also the illusion that he was the only source, and leak. Yea, not buying that one personally.

    3. Re:Kevin Poulsen and Adrian Lamo are Informants by wordsnyc · · Score: 2

      ... and the assertion that Manning sought out an attention-whore loser like Lamo to "confess" to is absurd. Most likely he contacted Poulson who fobbed him off on Lamo as a sort of firewall.

      The chat logs are important because they contain the only evidence that Manning did anything at all. And Lamo got to play with them before anyone else saw them.

      --
      Sent from the iPad I found in your car.
    4. Re:Kevin Poulsen and Adrian Lamo are Informants by tnk1 · · Score: 2

      Okay, sure, they may well have something going on with the government. But why does them being informants mean that they have information that is going to be more or less damning than what was already released? How does it serve the government to keep that secret?

      <published>
      Lamo: So you felt you had the duty to release those classified documents, no matter what the consequences?
      Manning: Oh yeah, I so totally leaked that shit.... I could not stand by and watch as people got killed for nothing. Fuck those bastards.
      </published>

      <hidden>
      Manning: Disregard that, just joking. L-O-L
      Manning: You're not going to publish that, right?
      Lamo: Of course not. What do you think I am, an FBI informant?
      Manning: Haha, whew!
      Lamo: And that's uh, Bradley Manning right? Of 1204 First Street?
      Manning: Uh yeah, why?
      Lamo: For the autographed Wired mousepad, of course!
      Manning: RAD!
      </hidden>

    5. Re:Kevin Poulsen and Adrian Lamo are Informants by Anonymous Coward · · Score: 0

      i think this is the funniest thing i've read yet. Poulsen is a federal informant?? I suppose EFF is a CIA opp too. seriously folks....

    6. Re:Kevin Poulsen and Adrian Lamo are Informants by Anonymous Coward · · Score: 0

      Poulsen was in jail for 5 years before going to trial. Some deal he got.

  17. Re:wtf by Desler · · Score: 5, Insightful

    He also violated a contract he voluntarily signed with the government in which he said that in exchange for being given access to classified information that if he ever leaked it during his life that he would face criminal charges. Whether or not what he did was for good reasons or not, he has to live with the consequences of violating that contract he signed.

  18. Good journalism often edits out info ... by perpenso · · Score: 2

    Good journalism often edits out info. There are often details or info that does not add to an article. Redundant, off topic or tangential material can make an article worse and dilute or confuse the point of the article. Consider that a total dump of all info and data is what hostile parties due when they want to hide meaningful information in response to a court order to provide info or data. Journalism is often about sifting through this mess to find the meaningful info, not merely repeating the total dump.

  19. Re:wtf by Anonymous Coward · · Score: 0

    But all I want's a Pepsi.

  20. Except for sitting on the D-Day invasion story? by thepainguy · · Score: 1, Insightful

    Seriously, just because you can publish something, it doesn't mean you should. Sometimes it makes sense to sit on a story.

    Not that I'd expect the wikileaks crew to get that.

    1. Re:Except for sitting on the D-Day invasion story? by Chyeld · · Score: 3, Insightful

      If they were just sitting on it, you'd have a point. But what they actually did was release choice tidbits of the chat logs and then refuse to publish anymore or even answer questions such as "Did Manning actually say this in the logs?".

      Which only makes sense if you are trying to frame Manning or milk your 'exclusivity' to the detriment of Manning.

    2. Re:Except for sitting on the D-Day invasion story? by thepainguy · · Score: 1

      It's possible that they are milking this, but it's also possible that they have legitimate reasons for holding parts back (e.g. to protect a source). My core point is that the last line of the OP is a bit over the top IMO.

    3. Re:Except for sitting on the D-Day invasion story? by Chyeld · · Score: 1

      Answering questions like "Did Manning really claim to have physically dropped off a hard drive with Assange" doesn't require anything more than a yes or no or at worse, the relevant portion of the chat logs published.

      And obviously, they know how and are willing to do just that, or they'd have not published anything at all.

      Which leads us back to the argument I've made. This has squat to do with 'journalistic integrity' or 'protecting national secrets'. It's about either being part of a frame up or milking their limelight of being the only folk with access to the logs.

    4. Re:Except for sitting on the D-Day invasion story? by geekoid · · Score: 2

      what? wikileaks gets it better then most.

      They had the info, they sat io the info, they shared the info with other journalists, they told people they where going to release it.

      The did EXACTLY what any good journalist does. JA may be a douche bag, but wikileaks did exactly what a good news agency should do.

      Just like the Washington post did.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Except for sitting on the D-Day invasion story? by Lawrence_Bird · · Score: 1

      how about it being a good business decision? If they are the only ones with the info then they can pick and chose the moment at which it will be of maxium value. Journalism/publishing is not a philantropy..

    6. Re:Except for sitting on the D-Day invasion story? by Anonymous Coward · · Score: 0

      The leaks are from the past.

      A few days ago the New York Times published inormation about a forthcoming military operation in AfPak leaked by an anonymous US official.

      So it seems some leaks are more equal than others - or perhaps, it matters not what is leaked but who does the leaking.

    7. Re:Except for sitting on the D-Day invasion story? by squiggleslash · · Score: 1

      As others have pointed out, Wired is clearly not interested in "protecting sources": It was Lamo and Poulson who shopped their source, Manning, to the government.

      And now, let's waste some of Slashdot's bandwidth with some on-topic stuff about Lamo/Manning, from Wikipedia. I wouldn't post it, but apparently 3 minutes is just not long enough to write a comment, according to Tacoidiot.

      Chats with Adrian Lamo

      Adrian Lamo passed Manning's chat logs to the authorities because he feared lives were at risk.[10]

      On May 21, Manning went online to chat with Adrian Lamo, a former hacker. The Washington Post writes that Lamo had recently been profiled by Wired magazine, and Manning had e-mailed Lamo, introducing himself as "an army intelligence analyst, deployed to eastern baghdad, pending discharge for 'adjustment disorder.'" In a series of chats over a period of a week, he told Lamo what he had done. He asked Lamo: "If you had unprecedented access to classified networks 14 hours a day 7 days a week for 8+ months, what would you do?" He told Lamo that he felt isolated and ignored at work, and was angered by some of the classified material he had read. He said he was a "wreck": "Ive been isolated so long ... i just wanted to figure out ways to survive ... smart enough to know whats going on, but helpless to do anything ... no-one took any notice of me," he wrote. He said he had been leaking files to a "white haired aussie," Julian Assange of Wikileaks. He said: "i'm exhausted ... in desperation to get somewhere in life ... i joined the army ... and that's proven to be a disaster now ... and now i'm quite possibly on the verge of being the most notorious 'hacktivist' or whatever you want to call it ... its all a big mess i've created."[10]

      On May 25, he told Lamo he had taken CD-RWs containing music to work, erased them and rewrote them with the downloaded documents. According to Wired, he wrote that he "listened and lip-synced to Lady Gaga's 'Telephone' while exfiltrating possibly the largest data spillage in American history ... pretty simple, and unglamorous ..." Of the security he wrote: "it was vulnerable as fuck ... no-one suspected a thing ... =L kind of sad ... weak servers, weak logging, weak physical security, weak counter-intelligence, inattentive signal analysis... a perfect storm ". He asked Lamo "i mean what if i were someone more malicious," writing that he could have sold the material to Russia or China. When asked why he had not done that, he wrote: "it belongs in the public domain ... information should be free."[13]

      He said he had leaked the Baghdad airstrike video, a video of the Granai airstrike, and 260,000 diplomatic cables, and hoped the release of the material would lead to "worldwide discussion, debates, and reforms ... if not ... than [sic] we're doomed ... as a species ... i will officially give up on the society we have if nothing happens." He told Lamo he felt encouraged by the response to the Baghdad airstrike video: "the reaction to the video gave me immense hope ... CNN's iReport was overwhelmed ... Twitter exploded ..."[13] He said Secretary of State Hillary Rodham Clinton and several thousand diplomats were "going to have a heart attack" when they discovered that an "entire repository of classified foreign policy is available, in searchable format to the public ... everywhere there's a US post ... there's a diplomatic scandal that will be revealed."[10] He wrote: "I want people to see the truth regardless of who they are because without information, you cannot make informed decisions as a public."[14]

      --
      You are not alone. This is not normal. None of this is normal.
    8. Re:Except for sitting on the D-Day invasion story? by cheekyboy · · Score: 1

      Wikileaks did wait , and the havent released all 250,000 cables, as so many useless lamer moron dumb fucks think they did (dumbshits really)

      --
      Liberty freedom are no1, not dicks in suits.
  21. Re:wtf by LWATCDR · · Score: 1

    1. The Declaration of Independence isn't law.
    2. Manning was a solder and may have broken his oath.

    Members of the military are under CIVILAN command. The only right that applies is if he was given an illegal order. Keeping those cables secret violates no laws or in any way the UCMJ.

    If Manning is the source he committed criminal acts. Obeying orders is not an option for a member of the military of a free nation. They must be under the control of the civillian government.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  22. Re:wtf by spun · · Score: 2, Insightful

    Oh, hey, then all the government needs to do is uphold their part of the bargain is charge him with a crime, and give him a trial. I doubt he signed anything saying that if he was accused of leaking secrets, he could be held without trial and tortured. But, given who he works for and their previous history of torturing people they don't like, he should have known what they would do to him, eh?

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  23. The Manning logs were NOT about the leaks by Anonymous Coward · · Score: 0

    The discussions with Manning involved doing layout work for Wired.

  24. Poulsen, Lamo, Rasch, Wired - All on the job by BobMcD · · Score: 4, Interesting

    This is merely my suspicion, but I feel that the entirety of the content of those logs would reveal that Manning was caught in a sting by the DOJ. That the story of Manning finding someone, anyone to brag to was false and that Lamo sought direct contact to solicit the confession. This is the most-likely scenario, as I suspect it:

    1) DOJ contacts Wired via Rasch informing him of this 'lead' about one of the biggest cyber-crimes of all time. Chances are the military knows that Manning has leaked something, but they can't prove it. They need a confession before they can attempt to put the genie back in the bottle.

    2) Poulsen hires Lamo for the job. Note the non-story Poulsen wrote about Lamo in May. This was likely a cover to hide their extended contact at that time.

    3) Lamo contacts Manning using information given to him by the DOJ and violates his civil rights in order to solicit a confession that otherwise would not hold up in court.

    4) Manning is arrested and those logs are secured from the public's eyes under the guise of 'national security'.

    That's how I see it. It just makes more sense than the story we're being told. Please do poke holes in it if you can, because where I sit right now, Wired is a fairly disgusting entity deserving some charges being brought of their own.

    1. Re:Poulsen, Lamo, Rasch, Wired - All on the job by MichaelSmith · · Score: 1

      If Lamo is on being paid by the FBI it would seem reasonable that Wired would be cautious about using an account of the exchange with Manning which came only from Lamo. They may as well just get the version from the FBI.

    2. Re:Poulsen, Lamo, Rasch, Wired - All on the job by netsharc · · Score: 3, Interesting

      In the comments section of that Greenwald post (called "Letters"), many are also asking how authentic the chat logs are: aren't they just text files anybody with Notepad can generate?

      I'm also wondering if maybe Lamo and Poulsen, under the orders of Rasch, doctored a "chat conversation" up to get rid of Manning who has been seen as trouble (because of his independent thinking streak). I'm starting to wonder if Manning is the leaker at all, is there any proof of that other than an alleged chat that took place, based on the evidence of a text file?

      Maybe they knew they got a leak, and they needed to take down WikiLeaks, and they thought, "we can do this by taking a US soldier, put him in solitary until he loses his mind, and then he'll say whatever we want him to say (like 'Assange coerced me into doing it!'), do we have a monkey we can use for that?"

      "How about this troublesome Manning kid?".

      Hey, if they can change the story about that girl soldier who was taken peacefully from a hospital into a "we ambushed the enemy stronghold to get her!" piece of news.

      Posted not anonymously, hello CIA database! I guess I won't be visiting the US for a long time, maybe when a free country rises up from the ashes of the burnt-down empire.

      --
      What time is it/will be over there? Check with my iPhone app!
    3. Re:Poulsen, Lamo, Rasch, Wired - All on the job by Anonymous Coward · · Score: 0

      3) Lamo contacts Manning using information given to him by the DOJ and violates his civil rights in order to solicit a confession that otherwise would not hold up in court.

      How is confessing to a paid informant a violation of Manning's civil rights? This isn't an entrapment situation. You realize that using paid informants (who elicit confessions and then testify) has been standard police practice for 500 years? The American "check" on this process is that Lamo will testify at Manning's trial that Manning confessed to the crimes and then Manning's attorneys can impeach Lamo's testimony based on his status as a paid informant. The jury can then weigh Lamo's credibility. IAAL and this is the standard plot for most criminal trials, at least with respect to paid informants.

    4. Re:Poulsen, Lamo, Rasch, Wired - All on the job by BobMcD · · Score: 1

      Yeah, that's possible, but it doesn't seem quite as likely. Hard to say though. Very good point.

    5. Re:Poulsen, Lamo, Rasch, Wired - All on the job by Anonymous Coward · · Score: 0

      You forgot:

      5) Pressure Manning (by months of solitary confinement for 23 hours a day, and promised of a reduced sentence) into signing a 'confession' that fingers Assange (and Wikileaks) as co-conspirators.

      6) DOJ then have the legal tools to bring extradite Assange and begin the legal process to shut down Wikileaks.

      Wikileaks has been a thorn in the US's side for years (moreso now than ever before), but until now they have not had the direct evidence to charge Assange with anything. With Lamo telling reporters that there is a link between Manning and Assange, he is effectively leaking the DOJ's plan to boost his own ego. Problem is that everything released in chat logs so far seem to indicate there is no link between Manning and Assange. I'm willing to bet that there is nothing in the logs that show any link whatsoever. It is more likely that the link to Wikileaks was either Lamo or Poulsen (or both).

    6. Re:Poulsen, Lamo, Rasch, Wired - All on the job by wordsnyc · · Score: 3, Interesting

      I'm starting to wonder if Manning is the leaker at all, is there any proof of that other than an alleged chat that took place, based on the evidence of a text file?

      Bingo. None that anyone knows of.

      Incidentally, Lamo himself has said that he told Manning that (a) he (Lamo) is a journalist and source shield laws would protect Manning, and (b) he (Lamo) is an ordained minister and that priest/penitent laws would make Manning's "confession" inadmissible. Yes, Lamo himself has said he said these things. Are they in the chat logs? Good question, and it makes a lot of difference.

      --
      Sent from the iPad I found in your car.
    7. Re:Poulsen, Lamo, Rasch, Wired - All on the job by BobMcD · · Score: 1

      There's a further suspicion that Lamo presented himself as a journalist, and extended confidence under California's shield law.

    8. Re:Poulsen, Lamo, Rasch, Wired - All on the job by BobMcD · · Score: 1

      Yeah, and I highly doubt that such a link actually exists. Everything about Wikileaks and Assange's 'rubberhose' or whatnot absolutely SCREAMS anonymity. The odds of such a person, capable of such concepts to the point of actively enabling them through software and websites, actually being traced back to the leak is very nearly absurd.

    9. Re:Poulsen, Lamo, Rasch, Wired - All on the job by Anonymous Coward · · Score: 0

      Yeah, and I highly doubt that such a link actually exists. Everything about Wikileaks and Assange's 'rubberhose' or whatnot absolutely SCREAMS anonymity. The odds of such a person, capable of such concepts to the point of actively enabling them through software and websites, actually being traced back to the leak is very nearly absurd.

      But given the arrogance and narcissism of Julian Assange it isn't completely out of the question. Bigger men than Julian Assange have been brought down by their own arrogance and narcissism. And yes, he is arrogant and narcissistic, anyone not seeing that is being willfully ignorant.

    10. Re:Poulsen, Lamo, Rasch, Wired - All on the job by initialE · · Score: 1

      Given the number of people with access to the data, I would seriously doubt they would have found this particular needle in the haystack in such a short time. Nice try at a conspiracy theory though.

      --
      Starbucks, Harbuckle of Breath.
    11. Re:Poulsen, Lamo, Rasch, Wired - All on the job by BobMcD · · Score: 1

      I don't think it was a haystack, though. Just a small pile of needles. I don't genuinely believe that security on that intel is SO BAD that anyone can walk out with it...

    12. Re:Poulsen, Lamo, Rasch, Wired - All on the job by Khyber · · Score: 2

      "Posted not anonymously, hello CIA database!"

      You don't have to worry about the CIA. They're too busy shitting themselves over the fact Insurance (Thank you Sony and PS3 clusters and SHEER FUCKING LUCK) got brute-forced. They're too busy getting ready to play CYA, CIA, instead of worrying about peons like you and I.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  25. Re:wtf by hargrand · · Score: 4, Insightful

    Before being granted access to classified information an individual must meet three criteria:

    1) Hold a current security clearance
    2) Possess a valid need to know
    3) Have signed a non-disclosure agreement (NDA)

    Private Manning, if he's done what most suspect he's done, has violated the terms of the NDA he signed. He is therefore subject to the requisite prosecution under the Uniformed Code of Military Justice for violating the NDA.

    If he hasn't been to trial yet, it's only because the case is still being built against him. The military will not prosecute him if they are unable to make a convincing case of his guilt. As soon as they have that case, Manning will then have his day in court.

  26. Re:wtf by jafiwam · · Score: 1

    The Declaration of Independence is the spirit of the Constitution of the United States you fucking commie.

    Manning most certainly did break his oath, if not the law. However, it is not the job of the press to hand evidence to convict him of those things to the government.

    I have no doubt that most of the WikiLeaks stuff that got out was just ordinary security breech. SOME of it however, is probably illegal black ops stuff. That leaves some gray areas as far as Manning goes, it is NOT his duty to execute illegal orders, and it could be argued that it is his duty to expose illegal acts by diplomats and US Government officials even if he is ordered not to.

    Only a fucking commie would think otherwise.

  27. Re:wtf by bball99 · · Score: 1

    thanks for pointing this out... i suspect not too many /. readers understand military service, the UCMJ, and enlistment oaths...

    if Manning is guilty, he is in deep doo-doo and is looking at a long stretch in Leavenworth (i doubt he'll would get the death penalty)...

  28. They are gonna release it soon by santax · · Score: 0, Troll

    Together with pictures of the WMD's in iraq. They guy is being set up. Put in isolation for months and soon he will sign a 'confession' that Assange put him up to it. If there is one thing we can learn from wikileaks, than it is that the US government easily falls under the terrorists-label. They can not, and should not, be trusted. Ask that german guy who was kidnapped and tortured by the cia if you believe different.

    1. Re:They are gonna release it soon by geekoid · · Score: 1

      oh please. Have you not been reading the released docs? they show exactly the opposite.

      Fucking moron.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:They are gonna release it soon by santax · · Score: 1

      I am sure they do. Lol. The only documents stating there actually were some leftover unusable cans of musterdgas came from...... Yeps. The USA.

    3. Re:They are gonna release it soon by budgenator · · Score: 1

      Duh, we didn't invade Iraq because they had WMD, we invaded because the UN weapons inspectors didn't find and were interfered for looking for the WMD they should have had. People really seem to have a problem separating reasons from excuses.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  29. Re:wtf by Chyeld · · Score: 5, Insightful

    And until then, they are free to torture him to their hearts content in an effort to force compliance out of him? I think not.

    When did acting like the villains out of a WWII or Cold War spy flick become publicly acceptable for the country that prides itself on being the leader of the free world?

  30. Re:wtf by Anonymous Coward · · Score: 0

    For he's a wanker, he's a wanker, la la la la la lar. Fuck off yourself nazi cunt faggot.

  31. FDL's chart covering Manning, Lano, and wikileaks by LinEagle · · Score: 1

    This chart was compiled by FDL and readers. Covers the whole timeline of what happened when and by who.

    --
    All posts released under the GNU Free Documentation License
  32. Re:wtf by LWATCDR · · Score: 1

    It could be argued except that he isn't a judge.
    Also the vast majority of wikileaks are not illegal acts. So they can just convict on those.
    if he did it. He is still innocent until proven guilty.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  33. Re:wtf by LWATCDR · · Score: 1

    It will make little difference because they don't care, understand or want to understand.
    The danger of a military that feels it is above the civilian government is outside the understanding of most US citizens.
    Also thanks for also using the the wording if Manning is guilty as I have.
    They also don't understand that he still has to go to court.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  34. Can't anybody else ask Adrian Lamo? by Anonymous Coward · · Score: 0

    Hey reporter-dudes, track him down!

  35. Right idea, wrong argument by jd · · Score: 4, Interesting

    IANAL, so the below opinion represents a non-legal reading of the various treaties, obligations and rulings. A judge may well reach a different conclusion. In fact, were Judge Pickles involved (different country so he can't and he retired anyway), any judgement might be possible. The guy was living proof of the razor-edge between genius and utter insanity. However, I feel that even if my reading is legally incorrect, the cited texts should still be taken into consideration.

    The Supreme Court has long decided that the Declaration of Independence is just so much scrap paper with no legal backing whatsoever. The argument needs to be stronger.

    Now, under US law, all International Treaties that the US has signed up to have the weight of US law. Maybe that will offer some possibilities.

    Article 29 of the Second Hague Convention: An individual can only be considered a spy if, acting clandestinely, or on false pretences, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

    Well, there's no claim that he used false pretenses to access the material or that he did so clandestinely. Nor is there any claim that he communicated it to the hostile party.

    Article 31 states: A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.

    So if he, after giving the information to Wikileaks, acted correctly under the commanding officer and committed no offence at the time of his arrest would not qualify as a spy as he had "rejoined the army to which he belongs".

    Nurenberg Principle II states, "The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law."

    Nurenberg Principle IV states: "The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him".

    Taken together, this would mean that if Manning's silence would be a crime under international law, then it would be a criminal act even if it was (a) legal in the US and (b) ordered by his superiors. Thus, we now have to establish if his silence was a criminal act.

    Principle IV also states:
    (a) Crimes against peace:
    (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
    (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

    Under (ii), silence would be partitipation in a common plan or conspiracy, provided the acts he was aware of were indeed illegal.

    Article 5 of the Amelioration of the Condition of the Wounded on the Field of Battle (Red Cross Convention) states: Inhabitants of the country who may bring help to the wounded shall be respected, and shall remain free. The generals of the belligerent Powers shall make it their care to inform the inhabitants of the appeal addressed to their humanity, and of the neutrality which will be the consequence of it.

    Thus, bombing civilians rendering aid, regardless of who they are aiding, is an illegal act. Which would make Manning's silence an illegal act under Principle IV above.

    So, from this we can reasonably conclude that Manning (a) is not a spy or guilty of espionage (regardless of any US law to the contrary, since international law supercedes it), and (b) would have been guilty of a war crime had he not released the information.

    This does NOT make him innocent of any crime. It merely makes him innocent of the crime that is popularly attached to him. There may well be legal grounds for disciplining him for his method of non-silence, but legally he was obliged under international law to be non-silent.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Right idea, wrong argument by Anonymous Coward · · Score: 0

      He is a traitor. Perhaps he thought he was playing, but he will be made an example of and hopefully put up against a wall and shot. What the lawyers think should be in consequential. For me personally I think the leaks have been fun...but for PCF Manning they should be fatal.

    2. Re:Right idea, wrong argument by Sparx139 · · Score: 1

      I think someone's been listening to too many government press releases

      --
      Our culture doesn't get smarter, it just finds new ways of being retarded.
    3. Re:Right idea, wrong argument by divide+overflow · · Score: 2

      He is a traitor. Perhaps he thought he was playing, but he will be made an example of and hopefully put up against a wall and shot. What the lawyers think should be in consequential. For me personally I think the leaks have been fun...but for PCF Manning they should be fatal.

      Isn't it always the ANONYMOUS COWARD that yells "Off with his head!" the loudest?

      Until you have enough courage in your convictions to associate your name with your facile death sentence then I shall ignore your opinions as the inconsequential brutish yammerings of a disturbed mind.

    4. Re:Right idea, wrong argument by daemonenwind · · Score: 2

      Point by point....
      Second Hague Convention Article 29 (I assume you mean Article IV, you don't say and it is important):
      First off, these conventions are intended for warring States. There is no provision covering international movements or other extra-governmental organizations. So Wikileaks is not a protected or described participant here, and neither are groups which do not represent a territorial collective will, such as Al Qaeda. So this does not apply, as there is no State of Wikileaks.
      Even if it did apply, Manning was bound by restriction of his duty and the agreements he had signed to only pursue information he had a "legitimate need to know". Downloading every document you can possibly touch is not bound by any "need to know", and therefore was indeed done with false pretense.

      Article 31:
      This assumes the other State had captured Manning as a normal battlefield soldier, not as a spy. Since Wikileaks did not capture Manning on the field of battle and seek to execute him as a spy, this does not apply. Since Manning is not a part of the Wikileaks National Defense Force (lol) and captured by the US Army on the field of battle after having spied on the US and returning to uniformed military duty with the WNDF, this does not apply.

      The Nurenberg Trial principles and Red Cross Conventions you quote are just nonsense to try to create a strawman. This is not a battlefield, and Manning is not even an ersatz medic.

      Manning was a US Soldier, caught by his own country, under laws which are applicable to him by his citizenship. And in no case does international law supersede national laws in a matter such as this.

      Wikipedia puts it simply:
      United States Code at 18 U.S.C. 2381 states "whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United State

      There is no argument which can countermand this. International accords about the behaviour of States under a declaration of War do not apply, as there is no State involved in Manning's situation. But there are enemies.

      Manning is guilty of Treason under US laws, and deserves the associated penalty.

    5. Re:Right idea, wrong argument by MartinSchou · · Score: 1

      Until you have enough courage in your convictions to associate your name with your facile death sentence then I shall ignore your opinions as the inconsequential brutish yammerings of a disturbed mind.

      I'll second this, merely because it looks extremely hollow coming from someone hiding behind an anonymous nickname rather than their actual name.

    6. Re:Right idea, wrong argument by JasperHW · · Score: 2
      Article 29 - He pretended he was listening to music while burning data to a CD, correct? Is that not false pretenses or clandestine? He then transmitted it to a foreign national with an axe to grind against the US. What do you consider a hostile party?

      I believe you also read article 31 wrong. The context is a Spy in Army B who actually works for Army A. When he's returns to Army A, if he's captured by Army B he has to be treated as a regular POW and not a spy/traitor. Totally irrelevant in regards to Manning.

      Nuremberg - No one gave him any illegal orders. He chose to collect information himself. Additionally, no clearcut crime has been exposed because of his leaks, only minor scandals that cause the REMFs of this world to suddenly think they're armchair Apache pilots.

      Which brings us nicely to Article 5. If you're citing article 5 in reference to the apache crew (which, to be clear, even wikileaks grudgingly admits the targets were armed, as they state in the opening of their heavily edited version), it's really easy in warmth and safety to pretend you can tell those people were there to help the wounded. In reality, they had no red crescent, no red cross, didn't self-identify, and came storming onto a combat ground collecting up weapons and bodies - same thing the Viet Cong did to salvage weapons and hide the bodies (to prevent the US getting an accurate body count).

    7. Re:Right idea, wrong argument by jd · · Score: 1

      International laws ALWAYS supercede national laws, in the US I believe they have equal weight to the US Constitution.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:Right idea, wrong argument by jd · · Score: 1

      An axe to grind against the US? Wikileaks has shown no favoiritism towards anyone and has treated all leaks against any nation as being of equal merit.

      As for Article 5, it is immaterial as to whether the people came storming out. The laws are written such that you must POSITIVELY identify beligerants, you cannot merely asume.

      Oh, and hiding bodies is considered permissable under the Hague Conventions (which explicitly permits the control of information).

      True, I wasn't there, but neither were you. I made it clear that I was going by my reading of the text, you offer nothing but muddy waters in return. As bad as my reading may be, I hold it is superior through clarity.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    9. Re:Right idea, wrong argument by JasperHW · · Score: 1
      I'll assume your lack of response means you have no response to the Nuremberg or Article 29 points.

      I don't know if you've ever served in a combat zone (I'm guessing no), but I have, and while this does not make me a legal expert or the final authority on all things military, I can tell you that there are an awful lot of weirdly strict technicalities that you are taught. A .50 cal machine gun can't be aimed at personnel, but you sure as hell can aim it at the equipment the personnel are wearing/carrying. I had one instructor tell me that body armor was equipment enough for a .50 cal, though I believe there's a pretty strict US Army interpretation of it.

      So, can you cite the law that you are referring to that requires positive identification? I would like to read it for myself.

      I'd also like to see where the Hague convention permits body collection by unidentified people, if you have it. Does it also permit unidentified people to collect weapons as well?

      Julian Assange has made many statements in the past that can easily be interpreted an anti-US stance. I'm not completely certain myself whether he's anti-US or if he's just opposed to whoever is in charge, but the effect remains. And as the head of an organization goes, so goes the organization.

      Compliments generally need to be given by *other* people for them to mean anything.

    10. Re:Right idea, wrong argument by daemonenwind · · Score: 1

      It's not quite that simple, and there is virtually no ALWAYS in law.

      Read through this:
      http://law.onecle.com/constitution/article-2/18-treaties-as-law-of-the-land.html

      You'll feel vindicated in the first paragraph or so, but keep reading, at least through:

      What other treaty provisions need congressional implementation is subject to argument. In a 1907 memorandum approved by the Secretary of State, it is said, in summary of the practice and reasoning from the text of the Constitution, that the limitations on the treaty power which necessitate legislative implementation may “be found in the provisions of the Constitution which expressly confide in Congress or in other branches of the Federal Government the exercise of certain of the delegated powers....”304 The same thought has been expressed in Congress305 and by commentators.306 Resolution of the issue seems particularly one for the attention of the legislative and executive branches rather than for the courts

      Treason, the topic I was speaking to when I said that international law did not supercede, is a crime against a State by a citizen of that State. Therefore, it is not typically subject to international laws, as understood by the groundwork established in the Treaty of Westphalia as concerns sovereignty of States.

      Also, it is delegated to the US Congress to make laws in this area; therefore, a treaty executed by the Executive may not override it without specific approval by the Congress.
      Therefore, the specific US Code I quoted would have to be revoked if it conflicted with a treaty. As that Code does stand today, it cannot be in conflict with any international law applicable to the USA.

    11. Re:Right idea, wrong argument by jd · · Score: 1

      I'll assume by you continuing to muddy waters that you've no actual interest in discussing the case or International law, but are comfortable to just bitch about other people's understanding of it.

      The points not referring specifically to Manning referred specifically to incidents Manning revealed and which - upon knowing - would have had to conceal (a violation of the law) or expose.

      No, I've not been under fire. My father was, and was under fire from both Greek terrorists and Turks during his time running a SIGINT post there. My grandfather was, I have his medals now from the times he was bombed and shot at. My great uncle was in the unit holding the German army at bay at Dunkirk whilst everyone else fled. (His MI9 file is fascinating.) Another was a Spitfire pilot that was held at Stalag Luft III. My landlord at University was a tailgunner for the Dambusters. The guy across the street was a Wellington bomber pilot.

      Then, of course, there's the entire branch of the family wiped out in World War I - some at the Somme, others at Galipoli. They were evenly split - pilots and ground troops.

      So, no, I couldn't possibly have any information that might be pertinent to knowing what pilots can and cannot see, or what soldiers face in war.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    12. Re:Right idea, wrong argument by JasperHW · · Score: 1
      If you want to call it "muddy waters" you can, but most people would call it disagreeing with your claims. If *you* were interested in actually discussing the case, I would think you'd respond to the refutations, but instead you've gotten bitchy. Are you that sensitive to people disagreeing with you?

      Manning didn't read all the cables himself. He saw the apache video, and in his REMF viewpoint, finally learned that war was ugly. Have you watched the unedited video in its entirety? The army investigated and saw nothing wrong, but hey, 22 year-old, demoted PFCs know better than the Army.

      He then downloaded mass amounts of cables, unread, to leak (after supposedly bragging about his access level to Lamos). So what crime was he ignoring there? What illegal order was he defying?

      Damn, at the end I thought you were being hilariously sarcastic, but you sounded earnest and I half expected you to start citing war movies and books, as well as every relation in the last 100 years. I'm appreciative of your family and those who have served, and I make no judgement on the fact that you haven't. But hearing stories is a little different than living them.

      Not to mention, REMFs and fixed wing pilots don't exactly have the same military experience as gunships and ground troops.

  36. Re:wtf by Anonymous Coward · · Score: 1

    As soon as they have that case, Manning will then have his day in court.

    Many many, many many many years from now. Probably several presidents down the line, actually. But hey! No need to rush things.... This is a Democratic Republic, after all.

  37. Re:wtf by Nyder · · Score: 1

    He also violated a contract he voluntarily signed with the government in which he said that in exchange for being given access to classified information that if he ever leaked it during his life that he would face criminal charges. Whether or not what he did was for good reasons or not, he has to live with the consequences of violating that contract he signed.

    Well, shit, we should throw him in jail and throw away the key. he broke a contract!!!! That's worse then, maybe, killing civs and covering it up. I know I think that.

    Wake the fuck up. Dude did what his conscious had him do. And he did right. Now it's up to us to help him out.

    Where's my Free Bradley Manning tshirts at?

    --
    Be seeing you...
  38. Re:wtf by Anonymous Coward · · Score: 0, Informative

    And until then, they are free to torture him to their hearts content in an effort to force compliance out out of him?

    According to Manning's lawyer he isn't being tortured and the guards at the facility where he is being held are treating him professionally.
    Greenwald doesn't really say much about how Manning is being held and gets some of that wrong. Some of the stuff he complains about, like not being allowed to exercise in his cell, are standard rules in military prisons. Sure, I wouldn't want to be put in Manning's position, but Greenwald overstates the isolation Manning is subjected to and selectively quotes a couple of articles dealing with real isolation to prove how this is damaging to Manning.

  39. Working on 4chan by Anonymous Coward · · Score: 0

    Slashdot says they are working on 4chan now, so perhaps when they are done with that. Oh wait.

  40. Re:wtf by Anonymous Coward · · Score: 0

    Mm.. would be rather too ironic if the only verifiable 'blood on their hands' would be from the execution of the American boy.

  41. Have the rules of evidence changed? by Tangential · · Score: 1, Interesting

    "concealment of the chat logs is actively blinding journalists who have been attempting to learn what Manning did and did not do"

    Have the rules of evidence changed? Is there now a requirement on the judicial system that all evidence be turned over to journalists to investigate and report on their interpretation of what Manning did or did not do. This seems more like a requirement placed on them by their parent organizations who need such stories and speculation to generate income.

    If I were Manning, I would want evidence presented under the rules of evidence without prejudicial interpretations by the press.

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
    1. Re:Have the rules of evidence changed? by Anonymous Coward · · Score: 0

      The rules of journalism haven't. When you interview someone you make a recording and you keep the recording. You print the truth.

      You keep the recording so that when the interviewee claims you have misquoted him you can show you were accurate and truthful in your write-up. You keep the recording so the government doesn't prosecute your source in retaliation for their truth.

      Here wired has turned their source over to the government. When lawyers for the source ask wired and Lame-o to prove they are aren't misquoting Manning they get nothing.

      Journalistic failure and totally the opposite of old school journalism.

    2. Re:Have the rules of evidence changed? by TubeSteak · · Score: 1

      Have the rules of evidence changed? Is there now a requirement on the judicial system that all evidence be turned over to journalists to investigate and report on their interpretation of what Manning did or did not do.

      Your comment suggests you have no clue what the fuck we're talking about.

      Manning (military) had an IRC conversation with Lamo (former blackhat hacker) and bragged about disclosing classified documents.
      Lamo logged the convo, turned in Manning, then passed the chat logs to Paulson (journalist & senior editor)

      The problem with the situation is that Paulson wrote an article and published a small part of the chat log.
      Lamo has since been running around making statements about what he claims Manning said.
      Paulson (journalist & senior editor) has neither said nor published anything to refute or support Lamo's claims.

      I realize that modern journalism has turned into something of a stenographic enterprise,
      but any journalist worth his/her salt would be milking those chat logs for everything they are worth.

      If I were Manning, I would want evidence presented under the rules of evidence without prejudicial interpretations by the press.

      If I were Manning, I would want as much information out there as possible so that I can have a fucking trial instead of endless solitary confinement.

      Most likely Paulson (journalist) is following the time honored journalistic tradition of doing what the government wants and censoring himself.
      This is exactly the type of behavior Wikileaks prevents, by taking the choice of disclosure out of the journalists' hands.

      --
      [Fuck Beta]
      o0t!
    3. Re:Have the rules of evidence changed? by Anonymous Coward · · Score: 0

      Greenwald's claim which you quoted above simply says that journalists (and the public) are hindered by not having the full information. There is no court case at this point so how can there be rules of evidence? If I were Manning, I would prefer that the press (and the public) at least has a chance to review the full set of information.

  42. Re:wtf by Lawrence_Bird · · Score: 1

    you do realize the declaration of independence has no legal standing on anything at all?

  43. Or is Wired providing a valuable service? by clyde_cadiddlehopper · · Score: 1

    Wired has a copy of a transcript as provided to them. Evidence introduced at trial must be from an identical transcript, or the differences must be explained.

    --
    Obi-Wan: "I felt a great disturbance in the Force, as if millions of voices suddenly cried out in terror and were sudden
  44. Re:wtf by mikelieman · · Score: 5, Interesting

    Can that contract compel him to commit criminal acts? No. Unlawful contracts are unlawful.

    Consider that cable about US Treasury funds ultimately being used to buy children for sex. If you have knowledge of that crime, Nuremberg tells us that you damned well better NOT follow orders, and you better to the right thing...

    --
    Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
  45. Anonymous Coward by Anonymous Coward · · Score: 0

    Also, one can't unsubscribe Wired or comment negativly at their site as an error message i/o login occures when they don't like what you're saying... Nice!

  46. Re:wtf by Anonymous Coward · · Score: 0

    Would you rather him be fed bread & water only? That's also a punishment under the UCMJ. Perfectly legal too.

  47. Re:wtf by rickb928 · · Score: 2

    Uniform code of Military Justice, or UCMJ.

    Service members may be uniformed, but the UCMJ is 'uniform'.

    Sheesh.

    And it is not so much an NDA as it is a security clearance with the attendant lawful requirements. If Pvt. Manning did remove classified material from secure areas without clearance to do so, he's guilty of that crime. Disclosing it to unauthorized third parties is another offense. In fact, it's possible that his bringing storage media into a secure area is an offense, and if he himself views the material, well, pile on another offense.

    He'll probably get an Article 15 hearing for conduct unbecoming, and spend some time cleaning cells, but escape an article 133 hearing since he's not an officer, and presumed to not be responsible for acting as a gentleman. If nothing else, he could be tried under Article 134, but there are plenty of other alternatives in the UCMJ. You gotta love the UCMJ. No, I do not have the personal experience of a court-martial, I was just awake during that class.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  48. Is Kevin a journalist or celebrity? by Anonymous Coward · · Score: 0

    Hi, I'm Mark.

    It's been a few years since I read my books, but didn't Poulsen get busted as a hacker? So he's busted as any credbile source? If I were him I would stay so far away from Wikileaks or anything like it.

  49. Re:wtf by kismet666 · · Score: 1

    Actually, no, its not standard treatment. Its very unusual treatment, especially for someone who is not deemed to pose a physical threat to anyone.

  50. Re:wtf by Anonymous Coward · · Score: 0

    If the torture allegations are true, report them to the Inspector General.

    What do you have to lose? If the allegations are untrue you face being tried for making false allegations. Wonder why Glenn Greenwald doesn't do so?

  51. no due process for Pfc Bradley Manning... by SethJohnson · · Score: 2

    The jury can then weigh Lamo's credibility

    To what jury are you referring? Manning isn't going to see a typical court proceeding. The Fifth Ammendment to the Constitution negates his right to due process, trial by jury, etc. I certainly would like to see his case go to a public trial, but that's not in the cards here.

    Seth

    1. Re:no due process for Pfc Bradley Manning... by Marcika · · Score: 1

      The jury can then weigh Lamo's credibility

      To what jury are you referring? Manning isn't going to see a typical court proceeding. The Fifth Ammendment to the Constitution negates his right to due process, trial by jury, etc. I certainly would like to see his case go to a public trial, but that's not in the cards here. Seth

      Correct me if I am wrong, but I thought the 5th Amendment only abolishes the right to a grand jury trial for military members, but not the right to due process, against double jeopardy and all the rest.

    2. Re:no due process for Pfc Bradley Manning... by Anonymous Coward · · Score: 0

      Manning will be tried according to the Uniform Military Code of Justice, which includes the right to a jury trial. It will be a jury of his military peers (as opposed to the general population), but a jury nevertheless.

  52. Re:wtf by Anonymous Coward · · Score: 0

    I still give Manning my praise, and will fight for his freedom since he is obviously willing to fight for mine. And I'm not talking about his stint in the Middle East or wherever he was stationed... thats fighting for big business. I'm talking about fighting his own employer and government in order to bring crimes to light and justice to those who would otherwise never obtain it. All the while his people chastise and disown him and side with the Man like the good Orwellian puppets they were educated to be. It really does sicken me that the general population of the US is so willing to give up everything they've ever achieved, but thus is life in America and as long as I have booze and something warm to stick my dick in, why should I care?

    Illegal != Evil, Legal != Good, and for Fuck's sake think for yourself.

  53. Re:wtf by fermion · · Score: 1
    Agreed. The US now has a completely volunteer military force. Everyone in the military is well compensated for they do. High school graduates get more than minimum wage plus health benefits that would be unheard of in a civilian job. It is the duty of anyone, just like on any other job, to understand the requirements and consequences. There is really no excuse in today's military for anyone to not follow orders. If they do they are just stealing tax payer money.

    That said it is incumbent on every human to "not just follow orders". If something is immoral in one's opinion, then something has to be done. What is done is up to each person, and the consequences one is willing to endure. At the time when this happened, he could have just had a homosexual relationship if he no longer wanted to follow orders. I have no understanding of what this guy did given the consequences that are necessary for his action. Because the situation involves national secrets, I can't see how the US can let him go. He, after all, is not the POTUS or one of the agents who can get away with treason. This is just not one of the things one does in a time of war.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  54. Re:wtf by Chyeld · · Score: 5, Informative

    From your link:

    PFC Manning is held in his cell for approximately 23 hours a day.

    The guards are required to check on PFC Manning every five minutes by asking him if he is okay. PFC Manning is required to respond in some affirmative manner. At night, if the guards cannot see PFC Manning clearly, because he has a blanket over his head or is curled up towards the wall, they will wake him in order to ensure he is okay.

    <snip>

    He is prevented from exercising in his cell. If he attempts to do push-ups, sit-ups, or any other form of exercise he will be forced to stop.

    He does receive one hour of “exercise” outside of his cell daily. He is taken to an empty room and only allowed to walk. PFC Manning normally just walks figure eights in the room for the entire hour. If he indicates that he no long feels like walking, he is immediately returned to his cell.

    When PFC Manning goes to sleep, he is required to strip down to his boxer shorts and surrender his clothing to the guards. His clothing is returned to him the next morning.

    Son, he's been held in that condition for about seven months now and hasn't yet even had a pre-trial hearing. I don't care if you are fucking John Yoo behind that Anonymous mask of yours. There's no way you can effectively argue that isn't psychological torture being performed there.

  55. Re:wtf by Anonymous Coward · · Score: 0

    When armchair generals decided that a field reports that gave them deniable status outweighed the Constitution.

  56. Re:wtf by Arker · · Score: 1

    A contract which mandates criminal behaviour is unenforceable, and the oath of office each and every soldier takes trumps any and all obligations to the CoC as well. Under the Nuremberg protocols Pvt. Manning did not have the option to simply look away and follow orders, either. In a fair trial these defenses would be quite powerful. Which is why he is very unlikely to ever receive one.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  57. Re:wtf by DrugCheese · · Score: 1

    OH KNOCK IT OFF, What Manning did was uphold the Declaration of Independence.... the part that says its the right and duty of Americans to keep their government in check. We need information to do that.

    Great point! Manning took an oath to protect the constitution from enemies both foreign and domestic.

    --
    *DrugCheese rants*
  58. Re:wtf by Arker · · Score: 2, Informative

    There is really no excuse in today's military for anyone to not follow orders.

    There are a couple of good excuses, actually, both of which are squarely on point to his case. One is the oath of office, the other is the Nuremberg principles.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  59. Re:wtf by Anonymous Coward · · Score: 0

    That's right. Fly that flag. You are so different. So special. So much a free-thinker and an individual. Just like all the other "rebels."

  60. Re:wtf by PhxBlue · · Score: 1

    3) Have signed a non-disclosure agreement (NDA)

    This may be true for SCI, but to my knowledge, it's not a requirement for anything classified TS or below.

    --
    !#@%*)anks for hanging up the phone, dear.
  61. Re:wtf by Chyeld · · Score: 5, Insightful

    If you can't get worked up over being put in solitary for seven months, being forced to answer every five minutes if you are ok, being woken up every five minutes if your guards decide they can't tell if you are alright on their own, or being denied the ability to exercise outside of pacing for an hour a day for seven months straight, then you either are young enough to be anyone's naive neo-con's child or you really are John Yoo and have no fucking clue what torture is about.

    That, or I really did need to link to the article for you, as you obviously hadn't read it and apparently still haven't.

  62. Re:wtf by Anonymous Coward · · Score: 0

    He also violated a contract he voluntarily signed with the government in which he said that in exchange for being given access to classified information that if he ever leaked it during his life that he would face criminal charges. Whether or not what he did was for good reasons or not, he has to live with the consequences of violating that contract he signed.

    The same can be said for the officers bound by the military code of conduct who supervised Bradley Manning (and apparently gave him illegal orders to look for innocent Iraqi opposition party members to be tortured), and to the very many politicians under the Bush regime who broke the law (in regards to the "War on Terror"). So far only the people who have exposed wrong-doing by the American government have been punished.

    Here are just two examples of (many, many, many...) people how got exempted for punishment for their immoral and unethical conduct:
    Richard Armitage
    Oliver North
    etcetera and so on....

    In America (and just about everywhere), it is (almost) always the good guys who are punished by The Law, and the evil-doers who are allowed to break the law without punishment.

  63. Boing boing and the Wash Post have them by swestcott · · Score: 1

    this is more than 25% am I missing something here

    http://firedoglake.com/merged-manning-lamo-chat-logs/

  64. Exactly! by Arker · · Score: 1

    Thank you, a very insightful and educational post. Wish I had mod points today.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  65. Am I missing something? by Squeeself · · Score: 1

    Am I missing something? Because from the little about this I know, if the government wants whatever Wired may or may not have, there's a handy legal device called a subpoena. Wired isn't required by any law to publish any information about anything, and the government can obtain that evidence if it so desires. It just seems like a lot of jumping to conclusions just because some journalist says "No Comment." Sure, not publishing means something may be hidden, but it's not like they're out of line by withholding information from your curious eyes. Condemn them all you want based on your conspiracy theories, but don't condemn them for exercising their rights as free press, citizens, etc. in deciding what they will or will not publish.

  66. Re:wtf by _Sprocket_ · · Score: 2

    Consider that cable about US Treasury funds ultimately being used to buy children for sex. If you have knowledge of that crime, Nuremberg tells us that you damned well better NOT follow orders, and you better to the right thing...

    Yes, never mind that Manning was not ordered to commit that crime. Never mind that manning had no first-hand knowledge of the crime. Never mind that the crime happened outside US jurisdiction and was being handled by the country in question. Lets invoke Nuremberg and raise Manning up on a pedestal as a hero.

  67. Re:wtf by Anonymous Coward · · Score: 0

    When did acting like the villains out of a WWII or Cold War spy flick become publicly acceptable for the country that prides itself on being the leader of the free world?

    9/11

  68. Re:wtf by BitZtream · · Score: 0, Troll

    Shrug, probably shouldn't have violated a military agreement then eh? He was made fully aware of the possible consequences of his actions before he was given access to the information.

    He either accepted his fate and expected this and thought he was doing the right thing anyway, or, he didn't expect this in which case he will serve to show others that the military is indeed not joking about its enforcement of the rules regarding classified information. Either way, he violated a few laws and voluntary agreements he made. Now had he released information that was truly Earth shattering or world changing the public might give a shit about his plight. But he didn't release anything we didn't already know and did release things that the public DIDN'T need to know, basically all that came of it was a bunch of arguing and bickering on the Internet about if the US is Chaotic Good or Lawful Evil, or maybe even Chaotic Neutral if your a moderate. Really, no one cared enough to cause any change because of it.

    And to be honest, I frankly don't give a fuck if 'psychological torture' is being performed. Yes, he's being annoyed, its like he lives with a 4-6 year old sister and is confined to his bed like a handicapped person, get some fucking perspective his life isn't that bad considering he's in prison. For someone like him, where he is now is far better off than being put in the general population where he will most certainly experience REAL torture.

    --
    Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  69. Re:wtf by Anonymous Coward · · Score: 0

    Why do you think this is isn't torture?

  70. Re:wtf by Chyeld · · Score: 1

    Thank you for reminding me again why I have a red dot next to your name. I hope to hell you never have to experience what he's going through simply for doing what you think is right, regardless of whatever your misshapen idea of right is.

  71. Why is Lamo still alive? by Anonymous Coward · · Score: 0

    Anyone with any knowledge of Lamo knows he is a mewling little fraud undeserving of any positive attention.
    Why darker elements of society allow him to keep running his suckhole and breathe air is beyond me. Then again,
    maybe that is why he turned rat. For protection against all the people he has pissed off.

  72. Re: wtf by Black+Parrot · · Score: 1

    When did acting like the villains out of a WWII or Cold War spy flick become publicly acceptable for the country that prides itself on being the leader of the free world?

    09/11/01

    Not that we never misbehaved before. That's just when it became acceptable.

    Of course, the War on Drugs already had us primed for it. Politicians like to spin some problems as so severe that normal rules of good behavior don't apply.

    --
    Sheesh, evil *and* a jerk. -- Jade
  73. Re:wtf by Anonymous Coward · · Score: 0

    Except that he hasn't actually been convicted of anything yet. Shouldn't we at least go through the motions of trial before we subject a citizen of the US, and a VOLUNTARY soldier in the US armed forces to such treatment?

    Personally, I have no problem with a public hanging should he properly tried and convicted.
    I believe that torture after trial and conviction is both unnecessary and unproductive, but it is not without precedent.

    But extended torture for months before trial and conviction is EVIL. The people holding him in such conditions should be ashamed of themselves. It'd be more "just and honorable" to simply put a bullet in him and be done with it.

  74. Time's up by amightywind · · Score: 1

    Bradley Manning? When is his execution? Treason is a capital crime of course.

    --
    an ill wind that blows no good
    1. Re:Time's up by radio4fan · · Score: 1

      Bradley Manning? When is his execution?

      Presumably not before his trial.

      Or are you one of those America-haters who don't respect the constitution?

    2. Re:Time's up by Sparrow1492 · · Score: 1

      Yes, but has not been enforced as such in some time in the US.

  75. Re:wtf by Anonymous Coward · · Score: 0

    I wonder if they took his tuna.

  76. Re:wtf by initialE · · Score: 1

    Aren't NDAs limited in scope? Even in the private sector, an NDA can not be used as a deterrent in whistle blowing, especially when you know the law has been willfully violated and done in bad faith.

    --
    Starbucks, Harbuckle of Breath.
  77. Re:wtf by Khyber · · Score: 1

    "Everyone in the military is well compensated for they do"

    Um, let me tell you that is unequivocal BULLSHIT.

    I've been to the VA not only with my grandfather but with several other military friends.

    The treatment half of these people receive would NEVER be accepted in any other civilized country.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  78. Toro Fecundian by Mana+Mana · · Score: 2

    > Kevin Poulsen and Adrian Lamo are both federal informants

    {{Citation needed|reason=I thought he was an ethical concerned citizen.}}

  79. A criminal always remains one. by faedle · · Score: 1

    Imagine that. A man who was convicted of several felonies, one of them obstruction of justice, is... obstructing justice.

  80. Re:wtf by Dr.+Evil · · Score: 1

    Long term sleep deprivation is torture.

  81. Re:wtf by Khyber · · Score: 1

    It has standing if we enforce it by armed insurgence.

    But you're too cowardly to do that, so...

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  82. Not cruel or unreasonable by DaveAtFraud · · Score: 1

    The traitorous bastard should be given a fair and speedy trial and then taken out and shot.

    It should be noted that treason is the one crime specifically called out in the U.S. Constitution and it carries the death penalty. By the Constitution's definition that means taking him out and shooting him is not cruel nor unreasonable.

    Cheers,
    Dave

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
    1. Re:Not cruel or unreasonable by Anonymous Coward · · Score: 0

      In your haste perhaps you forgot to read the first amendment.

      I will forgive you, just this once.

      Cheers,
      A Concerned American

    2. Re:Not cruel or unreasonable by Walkingshark · · Score: 1

      Treason is aid and comfort to the enemy. Which enemy did he aid and comfort?

      --
      The world you experience is only a close approximation of reality.
    3. Re:Not cruel or unreasonable by DaveAtFraud · · Score: 1

      My guess is that, before this thing wraps up, there will be multiple incidents such as the Taliban killing Afghan villagers who are friendly to us that can be traced to information disclosed by B.M. You will note that the section of the Constitution that describes treason does not mention that "the enemy" must be another country and that there be a declaration of war. Thus, him providing information that eventually reaches and helps "enemy combatants" (I think that's the term that's also used for the folks down at Gitmo) would constitute providing "aid and comfort" to the enemy.

      Again, shoot the traitorous bastard.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    4. Re:Not cruel or unreasonable by DaveAtFraud · · Score: 1

      I think you will find that the unauthorised disclosure of classified information does not constitute free speech as protected by the first amendment. He can say whatever he wants about the government so long as he doesn't disclose classified information. He agreed that, as a condition of getting access to such data, he would not disclose such data and that unauthorised disclosure could result in criminal prosecution.

      Nice try but what B.M. did is NOT protected by the first amendment. Julian Assange may be able to use the first amendment as a defence if he were ever to be prosecuted for publishing this material. I'm guessing that the government wouldn't attempt to prosecute him for publishing it just that reason. They may come up with something like "unauthorised possession of classified material" instead. I have no idea if there is such a law but the government can be very clever when it comes to finding something to pin on someone they don't like.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    5. Re:Not cruel or unreasonable by Cederic · · Score: 1

      Nice to know you'll assure he gets a fair and impartial trial, based on the facts of the case and not a predetermined outcome involving his death.

      Organised many lynch mobs recently?

    6. Re:Not cruel or unreasonable by joss · · Score: 1

      I am pretty much certain that the framers of the US constitution would have a hell of a lot more sympathy for Bradley Manning than they would for you. When an individual notices their government behaving in a way that makes them ashamed to be part of it then exposing that information to the public in order to try and encourage better behaviour is the action of a true patriot. I agree that he will probably lose his life or his liberty as a consequence of this, what he did was illegal just as what the framers of the constitution did was illegal according to the laws of George III, but then again, a lot of the behaviour he exposed was illegal too. America was created by people who defied the law of the time to fight for what they thought was right. People like you would certainly have sided with the 'powers that be' of the time and would have been on the other side.

      --
      http://rareformnewmedia.com/
    7. Re:Not cruel or unreasonable by DaveAtFraud · · Score: 1

      What seems to have come out since B.M. exposed this material is that there were a handful of questionable events and that the great majority of the activities he exposed in the operational reports were simply people doing their best in the fog of war to defeat the Islamists. Sometimes people make mistakes and sometimes it is in the interest of all concerned to not disclose those mistakes.

      His exposure of the diplomatic cables was highly destructive and will cause significant impact to relations between several countries, not just between the U.S. and other countries. It is absolutely critical to the functioning of the diplomatic system that the participants be able to exchange information and opinions with candor. B.M.'s stunt means this traffic will be much more circumspect with countries acting unilaterally rather than risk publication.

      B.M. has made the world LESS safe. He has made it LESS likely that other countries will work with the U.S. to find solutions to issues. He has endangered the lives of U.S. troops and those of our allies. It is very likely that his disclosures have cost the lives of those friendly to us. All because he took it upon himself from his lofty position as a PFC to deem that certain acts documented in what he leaked were inappropriate. Hardly the acts of a patriot.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    8. Re:Not cruel or unreasonable by joss · · Score: 1

      I agree there didn't seem to be anything earth shattering in his revelations, it was after all only sensitive material, nothing top-secret. The stuff showing the US would routinely ignore evidence of war crimes is embarrassing. The day to day realities of occupying a hostile country mean there's a lot of day to day nastiness, but in many ways the only surprise were that the revelations weren't more embarrassing than they are.

      The notion that it put our troops at danger is dubious at best. The pentagon was offered the chance to redact anything that would have endangered personnel and refused, which means either scoring political points by refusing to cooperate was more important than the lives of a few troops/allies or that there was nothing that endangered them in there.

      From http://www.thedailymash.co.uk/news/international/unmanned-wikileaks-drone-destroys-afghan-village-201011293295/

      He added: "Nevertheless, the point about Wikileaks undermining the safety of soldiers in Iraq and Afghanistan would have some validity, if only it wasn't such a humongous vat of liquidised monkey-shit from start to finish.

      "Because - and you might want to write this down and keep it somewhere safe - the key thing that has undermined the safety of soldiers in Iraq and Afghanistan is them firing their big fucking guns at Iraqis and Afghans.

      --
      http://rareformnewmedia.com/
    9. Re:Not cruel or unreasonable by budgenator · · Score: 1

      That or 52 years at hard labor. Getting executed almost looks like getting let off easy.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    10. Re:Not cruel or unreasonable by DaveAtFraud · · Score: 1

      Random responses:

      1) The Pentagon and/or State Department CANNOT redact material such as this without giving tacit approval to it's release. J.A.'s offer is really hollow when you understand that it was made knowing that it was impossible for the U.S. government to take him up on the offer. Ditto for any news media making the same offer.

      2) Guerrilla wars all always messy. Insurgents don't wear uniforms and there are no "front lines." Insurgents seek to blend into the population and count on that tactic resulting in innocent civilian casualties that will sway the population to their side. Of course, B.M., J.A. and their apologists ignore this and place the blame for any civilian casualties on the U.S. military or other coalition forces. We accidentally kill civilians and it's a huge wrong; the Taliban or Al-qaeda kill civilians and neither bat an eye. It's still our fault for even being there. Sounds like the idiot at The Daily Mash fits into the same mind set.

      Wars are messy. Sometimes the wrong people are on the receiving end. Sometimes that means dead civilians and sometimes that means a "friendly fire" incident. Shit happens. Compared to previous wars the current actions in Iraq and Afghanistan are surgically precise. It's sad that the wrong people are sometimes killed but put a little blame on the other guys for making that part of their tactics.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
  83. Article III; Section 3 by DaveAtFraud · · Score: 1

    I'd rather see him tried under Article III; Section 3 of the U.S. Constitution for committing treason. Once he's convicted the traitorous little bastard should be taken out and shot.

    Cheers,
    Dave

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
    1. Re:Article III; Section 3 by tophermeyer · · Score: 1

      Treason has historically been a very very difficult charge to prove in a court of law. It requires either making open war against the US, or in providing assistance to a specific enemy. A confusing bit is that a person cannot be convicted of treason without the testimony of at least two direct witnesses to the act or a full confession in court (I presume because it is pretty much an automatic death sentence).

      I'm not sure if I think what Manning did qualifies as treason. I think he might have a defense in that his actions did not provide direct assistance to an enemy. I certainly think this was a huge violation of his oath and obligations as a US serviceman, and there are certainly UCMJ codes that he violated.

      Remember though, American Rebels in the 1700's were considered traitors. I am curios to see how History treats Bradley Manning.

    2. Re:Article III; Section 3 by DaveAtFraud · · Score: 1

      The Constitution does not specify that "the enemy" must be a country nor that there be a declaration of war. It does include giving "aid and comfort" to the enemy as an act of treason. An aggressive prosecutor could put forward the position that each unauthorised publication of the cables and communications constitutes an act of treason for which there are literally millions of witnesses.

      As to who is or isn't a traitor, besides being a judgement of history, that initially comes down to who wins; at least initially. As an example, we consider the people who attempted to blow up Hitler in the July 20th bomb plot to be righteous even though they were committing treason. On the other hand, most people in the U.S. consider John Wilkes Booth to be a traitor. As the saying goes, history is written by the victors.

      I'm guessing that diplomacy will return to essentially exactly what it was before Wikileaks released the U.S. diplomatic cables. There will be changes in the U.S. to restrict access that will hopefully not harm our ability to "put the pieces together" and thwart terrorists and other people who wish to harm the U.S. Other countries may follow suit to avoid a similar disclosure. If there isn't a significant, successful terrorist act or diplomatic rift, B.M. will probably become just another footnote of history. At best, he'll be lumped with all of the other misguided idealists who took it upon themselves to change the world betraying their country.

      The goofy thing to me is that a large number of the cables have revealed that the U.S. is "taking the heat" for things that other countries either don't have the technical capability or political chops to carry out (air strikes in Yemen, bugging narcotics traffickers in South America, several middle east countries wanting us to "take out" Iran, etc.). It seems that a lot of the world is quite happy hiding behind us while maintaining "plausible deniability."

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    3. Re:Article III; Section 3 by rickb928 · · Score: 1

      Perhaps the most damning cables that have been released are those that show various U.S. allies nearly begging us to take an action that they repudiate publicly. Such hypocrisy is very embarassing. Darn.

      But Pvt. Manning will probably be tried for at least espionage. A long prison term is likely if the case is proven, and he will have no sponsor to bargain for his release.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    4. Re:Article III; Section 3 by Anonymous Coward · · Score: 0

      Hey look! Another Ayn Rand douche-nozzle is acting up again! Where's the fucking plumber when you need him?!

    5. Re:Article III; Section 3 by DaveAtFraud · · Score: 1

      The plumber quit. He said something about, "Who is John Galt?" when he quit.

      Cheers,
      Dave

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
  84. Scoop by DaveAtFraud · · Score: 1

    Along with all the high-minded gobbledy-gook about journalistic responsibility everyone seems to be forgetting the principle of a "scoop." Wired has what no one else has. That's a journalist's dream. Get used to it.

    Cheers,
    Dave

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  85. Re:wtf by tophermeyer · · Score: 1

    In a fair trial he would have had a defense if he had simply refused to follow an order he viewed as unlawful. He might have even had a defense against leaking information about ongoing unlawful activity. But not everything he leaked related to unlawful activity.

    Manning was pissed off because he was demoted and one of his co-workers called him gay. He leaked a shit-ton of documents in an act of revenge. His defense that he was serving some kind of greater good went out the window when he leaked a whole bunch of other stuff that had no business being public.

  86. Re:wtf by Xaositecte · · Score: 1

    While I wouldn't describe it as "standard treatment" it's definitely something the military does.

    While I was in the Air Force it was called "Corrective Custody" and was something of a boogy-man NCO's told stories about to frighten the younger troops into behaving, and represents the most extreme non-judicial punishment a commander is allowed to give to his troops.

    Any time I ever heard of it actually being implemented it only lasted around a week to a month, and it got rolled out when a base commander wanted to make an example out of someone. I.E. if someone is such a discipline problem they're getting administratively discharged, and they want to make the dude's last month hell so no-one else gets any bright ideas about getting out of their contract early.

  87. Re:wtf by Anonymous Coward · · Score: 0

    The US military isn't subject to civilian limits.

    I'm not sure if it's specifically called a Non-Disclosure Agreement, but back when I had a clearance I had to sign about a dozen documents indicating that yes, I was aware that revealing any classified information to anyone not authorized to possess it was going to land me in jail for quite a long time.

    There was another memorable training session that involved initialing every page of a pretty thick training manual.

  88. Jounalists? by Anonymous Coward · · Score: 0

    Wired?

    Not since Conde Naste bought them.

    Ad men and graphic artistes who have been whiffing too much paint....

  89. protect another's sources? by garyebickford · · Score: 1

    this does raise an interesting question - does a journalist have a responsibility to protect _another_ journalist's confidential source? i would say it depends on the situation - there might even be circumstances where there is a responsibility to publish, not protect.

    --
    It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  90. What is wrong with "active truth-hiding"? by Anonymous Coward · · Score: 0

    There is no ethical or legal rule that forces journalists to reveal everything they know. All the contrary, they need to protect their sources. Does a prosecutor, a military leader, a president reveal everything they know? Does anybody? Every truth is selective. There's nothing wrong with that.

  91. Re:wtf by NoSig · · Score: 1

    And to be honest, I frankly don't give a fuck if 'psychological torture' is being performed. Yes, he's being annoyed, its like he lives with a 4-6 year old sister and is confined to his bed like a handicapped person, get some fucking perspective his life isn't that bad considering he's in prison. For someone like him, where he is now is far better off than being put in the general population where he will most certainly experience REAL torture.

    Every part of this quote just makes me sad.

  92. Re:wtf by NoSig · · Score: 1

    OK, if you insist.

  93. Re:wtf by ScentCone · · Score: 2

    Except that the article linked to is a debunked distortion that deliberately mis-interprets the military's use of the word "exercise," deliberately ignores the fact that Manning is allowed to interact with others, and that the scope of his case (involving a quarter million stolen documents) makes it impossible to have already prepped a prosecution and defense - hence the time elapsed. That article's characterization of his detention is a highly politicized, agenda-driven bit of axe grinding.

    --
    Don't disappoint your bird dog. Go to the range.
  94. Re:wtf by divide+overflow · · Score: 2

    Would you rather him be fed bread & water only? That's also a punishment under the UCMJ. Perfectly legal too.

    Punishment comes AFTER you are found guilty and convicted. Remember that silly "presumption of innocence" thing? Look up Coffin v. United States and In re Winship.

  95. Re:wtf by jimmyswimmy · · Score: 1

    The NDA is definitely required as one of the three components necessary for access to classified information.

    http://www.archives.gov/isoo/training/standard-form-312.html

    This particular reference led me to an interesting section of US law I was unaware existed - Title 18, Section 793(e):

    Whoever, having unauthorized possession of, access to, or control over any document... relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates... or causes to be communicated... the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it... [s]hall be fined not more than $10,000 or imprisoned not more than ten years, or both.
    (take the widest possible definition of "communicate" because I deleted all the other similar words for clarity)

    It's something of a corollary to the UK Official Secrets Act. I've no idea whether this is applicable to anyone subject to US law or just clearance holders (as I am too lazy to read the entire section of code). It would seem to me that all of the US newspaper editors collaborating with Wikileaks are in violation of this section. I'll reserve my personal opinions on that particular idea.

    --

    Just my $0.55 (US inflation, 1774-2008, for $0.02)
  96. Re:wtf by Anonymous Coward · · Score: 0

    First Amendment, friend. There is a reason for it.

  97. Which team? by Anonymous Coward · · Score: 0

    Shouldn't he be a quarterback?

  98. Re:wtf by Anonymous Coward · · Score: 0

    For what it is worth, I agree. As a result of this I hope that some day I can make this same post without the need to be an AC.

  99. Adrian Lamo is a douchebag by Anonymous Coward · · Score: 0

    And Wired is a giant douchebag, too--which is why I stopped reading it years ago after they published a number of stories that made me think they were sociopathic douchebags.

    Just sayin'.

  100. Re:wtf by _Sprocket_ · · Score: 1

    OK, if you insist.

    And this is the problem right here. This isn't about reasoned consideration of the issues or a thoughtful movement towards justice. It is an emotional thrashing about that rivals mindless patriotism and religious zealotry; cheer on anything that aligns with your position and demonize anything that does not.

  101. Re:wtf by cold+fjord · · Score: 2

    Consider that cable about US Treasury funds ultimately being used to buy children for sex.

    Not quite.

    In the Afghanistan case, both DynCorp and the State Department say what occurred was far less sinister than portrayed in such reports.

    According to a detailed statement provided by DynCorp spokeswoman Ashley Burke, a going-away party for a departing Afghan employee was held at the regional police training center in Kunduz. The party organizer, a local employee, hired "a 17-year-old local dancer who performed at ... weddings and other celebrations, to perform a traditional Afghan dance."

    Shortly after the dancing began, a DynCorp manager "recognizing that the situation was culturally insensitive ... stopped the performance," according to the statement.

    The company conducted its own investigation of the matter, "determined that the leadership of the team exhibited poor judgment and were subsequently terminated. That is the whole story; no alcohol or drugs were involved, or other illegal behaviors occurred."

    The State Department concurred, saying there were no drugs, no alcohol and no boys procured for sex.

    "There was no evidence of any of that," said Susan Pittman, spokeswoman for the State Department's Bureau of International Narcotics and Law Enforcement.

    Both the bureau and the Office of the Inspector General investigated the matter, Pittman said, including reviewing videos of the party.

    For several days after the leaked memo was published, DynCorp's Burke said, none of the online media writing about it bothered to contact the company or the State Department. Eventually, one blog, TalkingPointsMemo, did and reported the company and State Department side of the story.

    The leaked memo says the Afghanistan government was prosecuting two Afghan police officers and nine other persons for "the crime of purchasing a service from a child."

    Publication of the leaked memo didn't actually break any news. The Washington Post reported on the party in a July 2009 article about DynCorp. The Post said the company was taking steps to strengthen its ethics and employee behavior standards in response to U.S. government criticisms and, in part, because of the party with the boy dancer DynCorp disputes WikiLeaks allegations

    And the matter of 'Collateral Murder'?

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  102. Re:wtf by Anonymous Coward · · Score: 0

    those 2 articles seem both seem to contradict each other. One says he's in solitary for 5 months, the other says constant interruptions is torture (which is by no means solitary). The link to the lawyers website says he is under suicide watch, while the salon link says he has never been on a suicide watch and is allowed to do nothing but eat, walk and sleep, which the lawyers site completely says otherwise, including access to books and has a designated correspondence time.

  103. Re:wtf by NoSig · · Score: 1

    Of which you were certainly not partaking, oh no.

  104. Re:wtf by cold+fjord · · Score: 1

    There are a couple of good excuses, actually, both of which are squarely on point to his case. One is the oath of office, the other is the Nuremberg principles.

    He violated his oath, betrayed his country, and Nuremberg never came into it.

    He got the so called 'Collateral Murder' thing wrong.

    The United States will be paying the price for his hissy fit for years to come.

    American diplomacy is in shambles. (Hopefully the Wikileaks revelation that China was willing to see North Korea go under doesn't push them into war, which is where they may be heading now.)

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  105. Re:wtf by _Sprocket_ · · Score: 1

    Snarky quips do not make an argument. I have pointed out that the issue of an unlawful order has little to do with this situation. Granted - I did do it in a snarky way myself. But at least my point was a bit more involved than your equivalent of "I know you are, but what am I."

  106. Re:wtf by Anonymous Coward · · Score: 0
  107. Re:wtf by Wrath0fb0b · · Score: 1

    Thank you for reminding me again why I have a red dot next to your name. I hope to hell you never have to experience what he's going through simply for doing what you think is right, regardless of whatever your misshapen idea of right is.

    The problem isn't doing what you think is right, it's about the honesty of saying one thing and then doing another. PFC Manning swore to the world that he would obey the orders of the President of the United States, the officers appointed above him, and the UCMJ. He then turned around and broke that oath.

    To contrast, I have no beef with Assange and Wikileaks for doing what they think is right. Assange is an Australian and owes no loyalty to the US at any rate. Their moral convictions, right or wrong, are plain for all to see and judge. They have committed no perfidy, nor gained any trust by virtue of a lie. Whether or not anyone likes them, no one can accuse them of disloyalty because they never claimed to be loyal to anyone but themselves.

  108. National secrets? Facts? by Gla'funk · · Score: 1

    The chat logs can be complete forgeries. Look at this chat log please (slightly modified to display on Slashdot):

    T 1293136794 18 EndYandY> lalala!
    T 1293136799 18 Globulism> c access tot he accnt using the inductive splice
    T 1293136801 18 Sinter8> so all you need is a shovel?
    T 1293136804 18 Globulism> line access yes
    T 1293136805 18 zpill> stfu
    T 1293136806 18 Sinter8> and a drop?
    T 1293136809 18 EndYandY> WHAT?
    T 1293136811 18 Sinter8> do you have proof?
    T 1293136811 18 Globulism> wait I'll post
    T 1293136814 18 EndYandY> what are you talking about?
    T 1293136816 18 2xic> SIPR hardhack
    T 1293136819 18 EndYandY> ur going to jail :D
    T 1293136821 18 2xic> lol'
    T 1293136824 18 2xic> US death camp
    T 1293136825 18 Globulism> snd344bgu.i2p
    T 1293136842 18 zpill> jesus

    Now that is a completely fake chat log, any normal chat log is only text and anyone can make anything. The easiest of course would be to create two accounts, go to a room, and log a private conversation with yourself...

    No, SIPRNET is not hardhacked.
    No, the US does not have to check every inch of their network cable in situ.
    No, the US does not have death camps.

    All fake, promise!

    Whose lies are you going to believe anyways? :P

    --
    One cannot sustain freedom without responsibility nor can one sustain responsibility without freedom.
  109. Re:wtf by unitron · · Score: 1

    Who the hell thought this private had a "need to know" all of these hundreds of thousands of documents?

    As has been pointed out elsewhere, if some low-level guy like this could access all of that material, then the real spies (of practically every country on the planet) already had it all, and more.

    Isn't the real scandal the extraodinary lack of security that allowed this in the first place (assuming it ever really happened anything nearly like the way they say it did, and that Manning was actually involved)?

    Somebody please tell me that stuff like this is protected better than "Hey, we made sure he signed something, no one could possibly have foreseen that anyone who had done so would break their word".

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  110. Re:wtf by unitron · · Score: 1

    The Constitution of The United States of America is the spirit of The Constitution of The United States of America.

    The Declaration of Independence and the success of the ensuing revolution got us the unworkable Articles of Confederation.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  111. Re:wtf by unitron · · Score: 1

    At which point you will be in violation of The Constitution of The United States of America, which does have legal standing.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  112. Wired == CIA by Anonymous Coward · · Score: 0

    Wired is owned by Condé Nast publishing, a long-suspected CIA front company.

  113. Wired's rebuttal to Greenwald's smears by The+Dodger · · Score: 2

    Wired have posted a fairly robust rebuttal to Greenwald's accusations which don't paint him in a very god light: http://www.wired.com/threatlevel/2010/12/greenwald/

    1. Re:Wired's rebuttal to Greenwald's smears by Arker · · Score: 1

      Robust? Hardly.

      Greenwald has directly rebutted it already. In addition, for anyone that is confused about why Wireds behaviour here is so objectionable, he has posted a follow-up that is quite clear and informative.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  114. Re:wtf by Cederic · · Score: 1

    You may not give a fuck, but I personally think torturing someone that hasn't been found guilty of any crime unacceptable.

    being put in the general population where he will most certainly experience REAL torture.

    Ah, not pre-judging anything at all there then.

    Whether he violated the law, whether he broke a contract, he should not be getting tortured. There is no legitimate outcome from that, it is merely spiteful immature behaviour from his captors that reflects very badly on them and on their superiors.

    That you support it merely makes you a cunt too.

  115. Re:wtf by radio4fan · · Score: 1

    And to be honest, I frankly don't give a fuck if 'psychological torture' is being performed.

    And what of the eighth amendment?

    Why do you hate America so much?

  116. Re:wtf by Sparrow1492 · · Score: 1
    It's not correctional custody. With manpower cuts that has become a dead program since there is no overhead to watch those prisoners.

    What Manning is in is called pre-trial confinement . This is, for all intents and purposes, the same a being arrested in the civilian world for a crime and denied bail, which happens all the time. A number of reviews are mandatory for this to happen, and a lot of people have to agree to it.

  117. MOD PARENT UP by cyclomedia · · Score: 1

    Really good merge of various sources into an almost complete set of chat sessions

    --
    If you don't risk failure you don't risk success.
  118. Re:wtf by Cederic · · Score: 1

    The problem isn't doing what you think is right, it's about the honesty of saying one thing and then doing another. PFC Manning swore to the world that he would obey the orders of the President of the United States, the officers appointed above him, and the UCMJ. He then turned around and broke that oath.

    I haven't seen anybody attempt to suggest that Manning shouldn't stand trial and, if found guilty, receive an appropriate and proportionate punishment.

    The issue people have is the treatment of the man prior to trial. A fair trial is increasingly unlikely as Manning has a strong likelihood of suffering mental illness as a result of his treatment, and/or may agree to any crime just to get an end to this, quite apart from the lack of justification for treating him as they are doing.

  119. Re:wtf by Cederic · · Score: 1

    Sorry, what's a "fucking commie" and why wouldn't one recognise, acknowledge and live life in accordance with the Declaration of Independence?

    You'll have to forgive me, I come from a country where people aren't explicitly labelled in a black and white manner.

  120. Re:wtf by Anonymous Coward · · Score: 0

    No - there is a little thing called Nuremburg an its consequences, relating to war crimes. That clearly established that following orders is no defence.

  121. Treason within Government. by 3seas · · Score: 1

    But will you feel the same way upon the exposure of those within the government past and present who have committed treason and hide it using the machinery of classification?

    There is already evidence out of such acts going on within government.

    http://www.c-span.org/Events/Lawmakers-Discuss-Constitutional-Issues-Raised-by-WikiLeaks/10737418252-1/

      About 1:46:45 in... consider what is being said with the following in mind:

    "United States Code at 18 U.S.C. 2381 states "whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States." The requirement of testimony of two witnesses was inherited from the British Treason Act 1695."

    I'm sure there is more acts of treason within our government to uncover. For it is common of deceivers to claim of another what they themselves are guilty of. Julian is not American and as such he cannot be charged with treason, yet there are several politician who don't seem to know this including Joe Liberman. Why is that? Simply because they are themselves are guilty of what they are projecting upon Julian.

    Its not a crime to expose treason within the government. Next thing to happen is effort to claim Manning did not pass such information to wikileaks. Otherwise he'll be seen as a hero while those committing treason are tried and shot. And that will be a hard thing on government top do.

    We already see act of espionage being exposed within government... so why are those obviously guilty still free?

     

    1. Re:Treason within Government. by 3seas · · Score: 1

      BTW, the release of such information exposing acts of treason within our government will happen when it will have the strongest impact.

  122. Re:wtf by NoSig · · Score: 1

    I think the world would be a sadder place for no snarky quips.

  123. You've got your reading backwards by Anonymous Coward · · Score: 0

    Article 31 states: A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.

    So if he, after giving the information to Wikileaks, acted correctly under the commanding officer and committed no offence at the time of his arrest would not qualify as a spy as he had "rejoined the army to which he belongs".

    You read that backwards. That means that if a spy of country A spies against country B, then puts his uniform for country A back on (or rejoins the army of country A), he is no longer to be considered a spy by country B. If you've ever seen the movie "the Great Escape", that is the reason all the recaptured POWs were insisting that they were actually wearing their service uniforms when caught.

    However, if a soldier of country B decides to spy for country A, never taking his uniform off, he is still a spy as far as country B is concerned regardless of when he is caught.

    Indeed, YANAL.

  124. Re:wtf by JasperHW · · Score: 1
    Anyone allegedly committing treason in a combat zone, particularly of the scope and indiscriminate nature of Manning's alleged leak, would be held as a threat to national security.

    Anyone who's ever served would know the consequences of that act and the fact that the death penalty can be applied. Anyone who's ever served knows the military does *nothing* quickly, to include processing a highly visible, highly sensitive treason case where the suspect would be held in solitary until his court-martial.

    Assuming he is indeed guilty (which sounds pretty likely), he chose his fate.

  125. Re:wtf by JasperHW · · Score: 1
    What order was he given that was illegal? And what crime has he revealed?

    Or are we talking about the single translation he cited where he realized that the US Army tries to follow middle-eastern countries wishes within the context of those nations laws (including not having a free press)? Amazing crimes uncovered by a 22-year old demoted PFC awaiting a less-than-honorable discharge; no way he was just retaliating, is there?

  126. Re:wtf by TheTurtlesMoves · · Score: 1

    US courts have ruled that such isolation is torture.

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  127. Re:wtf by TheTurtlesMoves · · Score: 1

    Unfortunately the "Nuremberg defense" does often work, historically at least. Also you don't need the defense if no one pushes the charges, which is often up to someones discretion. Selective enforcement of the "rule of law" has always been the way.....

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  128. Re:wtf by TheTurtlesMoves · · Score: 1

    American diplomacy is in shambles, because we now know its full of people like you. You really think what you are doing is OK.

    --
    The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
  129. Re:wtf by LWATCDR · · Score: 1

    Oh I bet you do they are everywhere.
    It is foolish to judge an entire nation by a single post or even the posts you see on Slashdot. I am from the US and I am not a communist at all no matter what that jafiwam says. This person just has more passion then education or understanding.
    Hopefully that will be corrected over time.
     

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  130. Re:wtf by hargrand · · Score: 1

    After 9/11/01 the U.S. Federal Government was strongly criticized for not sharing information that could have alerted the proper agencies of that plot. There was some directive (either the Patriot Act or some executive order, I don't recall which) requiring agencies to share information so analysts could better "connect the dots". The notion of "Need to Know" was never really retracted, but augmented with the notion of "Need to Share". The thought was that everybody in the national security apparatus needed to know information that could somehow prevent another 9/11 type of attack. As result, SIPRNET became somewhat more open to those with access to it.

    In light of the Manning case, the wisdom of this policy is now being seriously questioned and will likely be amended.

  131. clone the troll runs away? by Anonymous Coward · · Score: 0

    http://slashdot.org/comments.pl?sid=1755714&cid=33353946

    How come you couldn't disprove the points in favor of hosts files there, clone???

  132. Re:wtf by Chyeld · · Score: 1

    That article's characterization of his detention is a highly politicized, agenda-driven bit of axe grinding.

    And so was Guantanamo Bay, when it finally came out. Didn't make it any more righteous either.

  133. Re:wtf by Chyeld · · Score: 1

    Following orders has never been a valid defense for doing the wrong thing. Especially when keeping your oath conflicts with the other oath you took to protect our nation and uphold the Constitution.

    Especially when keeping your oath means turning a blind eye to your government breaking it's oaths.

    What's the old line? "For evil to triumph, all that is necessary is for good men to do nothing."

    Manning may have indeed violated his oath. But as the leaked wires have already shown in as least some cases what he leaked was evidence of wrongdoing on the part of our own government.

  134. Re:wtf by _Sprocket_ · · Score: 1

    Well, yes. We all like to be entertained.

  135. Shocked... SHOCKED!!! by Baldrson · · Score: 1

    I just can't believe the digerati over at Wired magazine would be slaves to fashion cliques like those that bailed out Goldman Sachs and decided it was in the US national interest to Invade the World, Invite the World and be In Hock to the World.

    I'm shocked... SHOCKED! I tell you!!!

  136. Re:wtf by ScentCone · · Score: 1

    And so was Guantanamo Bay, when it finally came out

    When what finally came out? That we're using that established facility to detain and interrogate fine people like KSM? That (until Obama scuttled them, in favor of civilian trials that he can't organize in states that want nothing to do with them) we were using the facility to hold military hearings and tribunals? This didn't "come out," this was basic information, widely known, and routinely discussed.

    --
    Don't disappoint your bird dog. Go to the range.
  137. Re:wtf by unitron · · Score: 1

    Yeah, but a PFC? Really?

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  138. Re:wtf by budgenator · · Score: 1

    "Due to a potential of either high probability of escape, those likely to be dangerous or violent, and those whose escape would cause concern of a threat to life, property, or national security; maximum custody detainees are under constant supervision and have regular interaction with authorized supervisory personnel assigned to the facility to include physicians. Quantico Information"

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  139. Re:wtf by budgenator · · Score: 1

    Why would people think that, if he confesses, he'll go to The United States Disciplinary Barracks, Leavenworth, and would be unlikely to see much improvement.

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    Apocalypse Cancelled, Sorry, No Ticket Refunds
  140. Re:wtf by budgenator · · Score: 1

    "The notion that the Marines posted at Quantico's brig are anything but professional is absurd. Not only are they responsible and accountable for the detainee's security, they are also responsible and accountable for the detainee's safety. ANYONE attempting to harm a detainee in their charge would find themselves in a very difficult situation." Quantico Information
    I assume that that would include Manning harming Manning as well as anyone else. That letter to the editor goes into considerable detail about what Manning is and isn't allowed.

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    Apocalypse Cancelled, Sorry, No Ticket Refunds
  141. Re:wtf by Cederic · · Score: 1

    Ironic, I thought you had laws against cruel punishments?

    It's like British Army justice in the 30s..

  142. Re:wtf by budgenator · · Score: 1

    After the 9/11 attack it was decided that Analysts need more transparent and open access to Military, Law Enforcement and Intelligence intelligence so that they had all of the dots to connect.

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    Apocalypse Cancelled, Sorry, No Ticket Refunds
  143. Re:wtf by budgenator · · Score: 1

    Well you can go to Wikileaks and make a donation to his defense fund that he will not get.

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    Apocalypse Cancelled, Sorry, No Ticket Refunds
  144. Re:wtf by Khyber · · Score: 1

    In reality, what has legal standing and what has no standing at all is 100% dependent upon who's willing to take up arms to enforce it.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  145. Re:wtf by budgenator · · Score: 1

    No it's "Cruel and Unusual", many traditional punishments are OK even if a bit cruel. Trained Military are also expected to be more tolerant of hardships than wussie civilians are too.
    Typically the confinement conditions required for temporary confinement like Manning is in or a civilian jail is quite a bit more spartan than what you would find in a prison which is a more permanent confinement typically for felons; Military prisons like Leavenworth never had been described as a federal country-club prison, nor has rehabilitation been a priority for them.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  146. Re:wtf by AmericanInKiev · · Score: 1

    It isn't voluntary if it is coerced as a condition of employment.

    I'm very opposed to the notion of the Government negotiating away individual liberties. The government has no business asking people to give up their rights and they do it to often. That said, I could narrowly agree that yes, it does have a need to keep secrets; however, if it asks him to conspiring in covering up a warcrime - the government has overstepped, and I say Free Speech overrides. The video is most definitely a war crime - case closed if I'm on the jury.