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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.'"

61 of 381 comments (clear)

  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.

    --
    Distributed Denial of APK: It takes 15 seconds to reply to him anonymously, but wastes tons of his time if we all do it.
    1. 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.
    2. 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?

    3. 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.

    4. 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.

    5. 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...

    6. 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.

    7. 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.

    8. 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
    9. 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.

    10. 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.
    11. 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?

    12. 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.
    13. 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.

    14. 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)

    15. 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.
    16. 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.

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

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

  3. 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!

  4. 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.

  5. 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.

  6. 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.

  7. 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?

  8. 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 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.
    2. 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.

    3. 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.

  9. 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 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.
    2. 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>

  10. 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.

  11. 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.

  12. Re:Whats Greenwald's angle? by peteinok · · Score: 4, Informative
  13. 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
  14. 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 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!
    2. 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.
    3. 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.
  15. 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.

  16. 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?

  17. 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.

  18. 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
  19. 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 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.

    2. 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.

    3. 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).

  20. 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
  21. 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
  22. 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.

  23. 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.
  24. 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.

  25. 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

  26. 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.

  27. 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.
  28. 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.

  29. 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.

  30. 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.}}

  31. 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.
  32. 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.

  33. 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
  34. 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/