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Bradley Manning Offers Partial Guilty Plea To Military Court

concealment writes "During a pre-trial hearing in military court today, [alleged Wikileaks source Bradley] Manning's attorney, David Coombs, proposed a partial guilty plea covering a subset of the slew of criminal charges that the U.S. Army has lodged against him. "Manning is attempting to accept responsibility for offenses that are encapsulated within, or are a subset of, the charged offenses," Coombs wrote on his blog this evening. "The court will consider whether this is a permissible plea.""

77 of 380 comments (clear)

  1. So does this include by santax · · Score: 3, Insightful

    him finally coming out how he started WO2 and the Spanish inquisition? By the way they have treated him I am sure he is ready to confess those too.

    1. Re:So does this include by 1s44c · · Score: 4, Funny

      him finally coming out how he started WO2 and the Spanish inquisition? By the way they have treated him I am sure he is ready to confess those too.

      I didn't expect some kind of Spanish inquisition.

    2. Re:So does this include by Dave+Whiteside · · Score: 5, Funny

      must not post
      must not post ...

      awe heck

      "Nobody expects the Spanish Inquisition"

      --
      who where what when now?
    3. Re:So does this include by ledow · · Score: 3, Insightful

      http://xkcd.com/16/

      (Although, to be honest, using that as humour to stop you posting 30-year-old Python quotes is almost beginning to suffer the same problem).

    4. Re:So does this include by mcgrew · · Score: 2, Funny

      NOBODY EXPECTS... xkcd!

    5. Re:So does this include by splatter · · Score: 3, Funny

      The Inquisition.... What a show... wait, shit wrong movie.

      --
      "(I) have this unfortunate condition that causes me not to believe a single thing any politician says when a mic's on.
    6. Re:So does this include by Spottywot · · Score: 2, Informative

      Our chief weapon is surprise...surprise and fear...fear and surprise.... Our two weapons are fear surprise, and ruthless efficiency.... Our *three* weapons are fear, surprise, and ruthless efficiency....

      Sorry, couldn't resist, besides I had to undo a moderation

      --
      In a cybernetic fit of rage she pissed off to another age...
  2. Fascist bloodlust by GameboyRMH · · Score: 3, Interesting

    All the hardcore authoritarian fascists want him dead, I wonder if they'll get their wish. If so, I wonder if Adrian Lamo will feel any guilt at all for ending this guy's life for no fucking reason (attention? "Remember me? I'm still around, everyone!")

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:Fascist bloodlust by Corbets · · Score: 3, Informative

      All the hardcore authoritarian fascists want him dead, I wonder if they'll get their wish. If so, I wonder if Adrian Lamo will feel any guilt at all for ending this guy's life for no fucking reason (attention? "Remember me? I'm still around, everyone!")

      Right. Because it's Adrian's fault that Manning chose to distribute documents which he was clearly not authorized to distribute. Whether you think it's right or wrong for him to have distributed them, it's not like anyone can be under the illusion that Manning's actions would have been considered legal. He alone is responsible for what happens to him.

    2. Re:Fascist bloodlust by h4rr4r · · Score: 4, Interesting

      I think to some degree what he revealed should be taken into consideration. The military not having to deal with whistleblower laws is a bad idea.

      If what he revealed was worth it than a BCD is probably all he should get.

    3. Re:Fascist bloodlust by HaZardman27 · · Score: 4, Insightful

      Allowing actions like this, even in the spirit of whistleblowing, would severely undermine the necessary order and discipline an effective military needs. It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

      --
      Apparently wizard is not a legitimate career path, so I chose programmer instead.
    4. Re:Fascist bloodlust by Anonymous Coward · · Score: 3, Insightful

      He alone is responsible for what happens to him.

      So he is also responsible for the cruel and inhumane treatment during his 900+ days incarceration. Also responsible for what people might call torture? And he is responsible for not getting the right to a speedy trial?

    5. Re:Fascist bloodlust by Anonymous Coward · · Score: 2, Insightful

      sez the good German...

    6. Re:Fascist bloodlust by Anonymous Coward · · Score: 5, Insightful

      On the other hand, corruption, incompetence and sheer lawlessness due to lack of oversight also severely undermine the necessary order and discipline an effective military needs. It is certainly not the business of the military to withhold information of that nature from their political masters.

    7. Re:Fascist bloodlust by h4rr4r · · Score: 5, Interesting

      So if some horrible atrocity occurs we should never find out because the few generals decided so?

      I would rather the military suffer some disturbance of order than there be no check at on them.

    8. Re:Fascist bloodlust by Anonymous Coward · · Score: 3, Insightful

      I dare say you would have a different opinion if he'd exposed rapes or murders perpetrated by soldiers but covered up. Or war crimes.

      I'd say that the release of the cables played a significant part in initiating the Arab Spring. Even if it was a "straw that broke the camel's back" situation. Unless we want to condemn the popular uprisings against corrupt and/or authoritation regimes then we have to take this into account.

      If other crimes have been exposed by the cables then again that should be taken into account.

      If it's a private's business to refuse an illegal order then it's a private's business to expose illegal acts being covered up by the military. To argue otherwise is to argue that the military is above the law.

    9. Re:Fascist bloodlust by cmdr_tofu · · Score: 4, Insightful

      What if he was exposing great illegality (which he probably was)? Let's say for instance Manning found hard evidence that George Bush planned 9/11? That's an extreme example of course, but would you say his duty to step in line as a soldier outweighed his duties as a US citizen and a human being to expose these hypothetical extreme crimes? If you believe a private should be an unthinking robot and allow his superiors to bury evidence of crimes they are commiting, I believe that you are taking an unreasonable stance.

    10. Re:Fascist bloodlust by liquidweaver · · Score: 4, Insightful

      What other feedback mechanism is in place to prevent secrecy being used to just cover up rather than protect legitimately secret documents?

      I'm of the opinion that if you give anyone the power to declare information secret if will be abused to some degree X. What can be done to keep X as small as possible while still protecting real secrets?

      I don't think there is a simple answer. While Bradley Manning's alleged actions are illegal and there should be punishment, the secrecy system has no practical safeguards right now - so in general I have a hard time saying that those actions had an overall negative effect for my country.

      --
      mov ah, 4ch
      int 21h
    11. Re:Fascist bloodlust by cdrguru · · Score: 4, Interesting

      Clearly the military isn't withholding much, if anything, if State department diplomatic cables are discussing things.

      Why would you ever believe that the military is taking things upon itself when there is ample evidence that the government is aware and directing things?

      Now, in the new spirit of there not being any more terrorism in the world, at least there isn't if we do not call it terrorism, I suspect the military may have some views on the matter of being told to leave people unsupported in battle. The repercussions of this can certainly lead to the military simply ignoring the civilian government which hasn't really happened since the founding of the country. Having an administration that believes they can direct the military to "stand down" in the face of an armed enemy can certainly bring that about. Now who's fault might that be?

      Bradley Manning's "revelations" might have surprised some people, but clearly it did not surprise most people in governments around the world. Had it really been a surprise there would have been diplomatic consequences at the very least. So while it got some people incensed about what they didn't know their government was doing, it did no good and did not lead to anything changing. Except the rest of Bradley's life.

    12. Re:Fascist bloodlust by h4rr4r · · Score: 5, Insightful

      It is the business of every soldier to protect this nation from threats foreign and domestic. It is in the oath of enlistment.

      How would congress even know about this? Do you think they would report such actions? Do you think congress knows about the renditions being performed? Do they know what secret prisons are used for torture?

    13. Re:Fascist bloodlust by interkin3tic · · Score: 5, Insightful

      It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

      Not sure what the word is in the military, but no matter what they say, it is everyone's responsibility to follow their own morals regardless of what their orders are. If Manning felt that this was something the public must know, then it was absolutely his business to decide that, ethically speaking.

      Obviously that's not a valid reason to suspend his punishment, you're right that discipline must be upheld in the military. Just pointing out that discipline and personal morals have a balance that must be considered. If you don't want a private to leak information that he feels the public should be aware of, either don't give it to the private or don't do things he's likely to consider immoral.

    14. Re:Fascist bloodlust by Okian+Warrior · · Score: 3, Interesting

      Allowing actions like this, even in the spirit of whistleblowing, would severely undermine the necessary order and discipline an effective military needs. It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

      That's certainly true.

      Now consider the relative values. You can have a well-disciplined and effective military, but is fascism more important than discipline?

      Several recent armies were well disciplined and private, and yet committed numerous and long-term monstrous acts against humanity. At the time of the second world war, there were "rumors" (reports? whatever) of concentration camps and mass executions, but no actual proof.

      Without checks and balances - without placing an armies actions in front of it's people - there's nothing to stop them from becoming a directed mob of savages. I'd certainly like to know what our military is doing, it speaks to our ethics as an American people. Our military represents us to the world.

      And for the record, officers swear an oath to the constitution. Manning was bound by oath to obey a higher power than the military command. You might argue before the act whether something should be made public or not, but recent events has validated his decision.

      Yes, he's a war hero. That he didn't act in the way you would have, or in a manner that you would have liked, is immaterial.

    15. Re:Fascist bloodlust by Nadaka · · Score: 5, Insightful

      And congress failed in its duty.

      It is the business of a true patriot to expose the corruption within the system when the system fails to deal with it.

    16. Re:Fascist bloodlust by Anonymous Coward · · Score: 2, Informative

      You also swear you will obey the "orders of the officers appointed over me." On the other hand, the oath of commission doesn't include that phrase; officers are allowed (and expected) to question the actions and orders of those over them and escalate them up the chain if needed.

    17. Re:Fascist bloodlust by Nadaka · · Score: 5, Informative

      THe collateral murder video and its coverup.

      There was also the little part of a us contractor paying for boy sex slaves as bribe to a afghanistan warlord.

      The majority of it wasn't particularly offensive, but there were a few malignant little gems in there.

    18. Re:Fascist bloodlust by Anonymous Coward · · Score: 2, Insightful

      Allowing actions like this, even in the spirit of whistleblowing, would severely undermine the necessary order and discipline an effective military needs. It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

      Actually it is. It used to be that the officers always had responsibility for the actions of his troops and because of this privates could just mindlessly follow orders. A few decades ago it was figured out that this system doesn't work and it allows for a lot of war crimes to happen.
      Becaue of this the geneva convetion specified that privates had a responsibility to ignore illegal orders and if possible stop their officers when they commited war crimes. This is what Manning has acted on.
      If the U.S. had followed the geneva convention it had been a non-issue, then Manning had been in the clear. Now we are in a situation where the U.S. will have to decide if they want their military to have accountability or not.

    19. Re:Fascist bloodlust by Anonymous Coward · · Score: 2, Insightful

      "I was just following orders" Is not a valid defense for evil acts. Neither should be "it was top secret".

      captcha:embassy (ooo, creepy)

    20. Re:Fascist bloodlust by pgdave · · Score: 3, Insightful

      I believe very strongly that Manning should be facing the death penalty simply to send a message to the military that if you do this and get caught, you may die for it.

      Ah, the smell of fascist blood lust in the morning...Don't like what someone did? Just kill them. It makes you feel manly.

    21. Re:Fascist bloodlust by Afty0r · · Score: 4, Insightful

      It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

      A long time ago, it was expected that all military personnel should follow orders, rules and regulations, and that they would not be held accountable for their actions while doing so.

      Then, as a species, we grew up a little, and a number of events including Nuremberg helped us to realise that this was not a healthy attitude.

      Now, in 2012 many people still believe it is "right" to lie about and cover up the killing of innocent people. I hope, as a species, we will continue to grow and to understand that this is unacceptable. When it comes to the murder of non-military personnel, being part of such a cover-up should be regarded as an abuse of human rights (it is, after all, a conspiracy to hide a crime against humanity) and military personnel *should* have whistleblower rights, in a limited range of circumstances.

      Russ

    22. Re:Fascist bloodlust by breech1 · · Score: 4, Informative

      My feeling is that the US government by consistently refusing to ask for the death penalty in spying cases [...] has encouraged people to continue to try to get away with this.

      The US gov't could seek the death penalty for spying cases, but chooses not to. The reason is that a caught spy will eventually talk about why they did it, and who they were working with, if the death penalty isn't an option. That information is far more valuable than naively "trying to send a message". (Whether or not the death penalty is a deterrent is a separate argument. The intelligence officers only care about determining why the spying occurred and who the handlers were.)

    23. Re:Fascist bloodlust by dywolf · · Score: 2

      The UCMJ exists for a reason. And if you know you're history, this isnt the first time that someone voluntarily and knowingly violated an article (or 6) of the UCMJ, knowing it would end their career, even result in prison time, because they felt compelled to. Many time such individuals dont even contest the charges. Usually in the nature of refusing to obey an order, deeming it unlawful, and taking it to courts martial; sometimes the presiding officer's have agreed, and sometimes disagreed.

      Manning stepping up and taking responsibility is a good step, and frankly what I would expect him, myself, or any other military servicemember who willingly and knowingly violated the UCMJ.

      Honor, courage, comittment, all boil down to integrity.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    24. Re:Fascist bloodlust by ljw1004 · · Score: 2

      Already there are circumstances under which a military officer is not only justified but also OBLIGED to disobey a legal order. (one that he personally feels is immoral and unjustified).

      But this doesn't seem to undermine the necessary order and discipline. Why not?

    25. Re:Fascist bloodlust by swillden · · Score: 2

      It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

      That depends on the information.

      It is the duty of every member of the US military, regardless of rank, to disobey illegal orders. I think a strong argument can be made that any order to conceal, for example, evidence of war crimes, would be illegal.

      Granted that in such cases giving the data to Wikileaks wouldn't have been the right response. Giving it to a congressman, for example, would have been an appropriate choice, assuming the private in question didn't believe running it up the chain of command would work.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    26. Re:Fascist bloodlust by Anonymous Coward · · Score: 2, Informative

      Every member of the armed services is responsible to not obey, and to report illegal orders.
      It's part of your basic training, I know, because I served and went through that training.
      Since the higher ups were complicit in these activities, he had every right, neigh the responsibility to expose them for what they are, criminals of the worst sort.

      Remember this. The actions of the Nazis were considered classified by their military as well, though they openly captured and imprisoned people, they claimed they were being re-trained, etc...

      If the light wasn't pointed at these military activities, who knows how far they'd have taken them.

    27. Re:Fascist bloodlust by swillden · · Score: 5, Insightful

      Having worked as a civilian employee of the US military right after graduating college I can assure everyone that there is no way Manning could have failed to realize his actions were at best illegal and at worse treasonous.

      Having been a member of the US armed forces (SSgt USAFRES) I can assure everyone that Manning may well have believed that he had a duty to disclose information he thought the military was illegally concealing from the public, and there are circumstances in which he'd have been absolutely right. Every member of the armed forces is taught that they have a duty to disobey illegal orders. However, I think his decision to give it to Wikileaks rather than to take it to some element of the government who would play a watchdog role (e.g. a congressman opposed to the war) does cast doubt on the purity of his intentions -- or at least on his judgment.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    28. Re:Fascist bloodlust by Hatta · · Score: 4, Insightful

      I said it's not the business of a private to determine when and when not to disseminate classified information. If the generals and staff officers are withholding information, then it's congress's job to remove them from their post and punish them as is fit.

      It's not the business of a private. But when the generals and congress have both failed, we should be thankful that a mere private decided to put his life on the line and do the right thing.

      --
      Give me Classic Slashdot or give me death!
    29. Re:Fascist bloodlust by dkleinsc · · Score: 5, Insightful

      I said it's not the business of a private to determine when and when not to disseminate classified information.

      If I'm not mistaken, it is the business of anyone in the military to refuse to follow illegal orders, report those orders to superior officers, and go around superior officers to report the misconduct to another authority (e.g. the Inspector General) if the superior officers refuse to do something about it. Not everything Manning released falls under this, but a lot of it was classified not because it would compromise national security (which is supposed to be the standard) but because it is embarrassing and/or incriminating to those who decided to classify it. Which means it was illegally classified. Which means that a private is not supposed to respect that classification.

      And yes, by this argument, there's probably huge amounts of material that are routinely illegally classified within the US military and intelligence agencies. A lot of the US military (particularly officers) firmly believe that the only reason the US lost in Vietnam is that the public got wind of what was going on over there and "stabbed them in the back". Their solution to this problem is attempting to hide almost everything US troops are doing from the US public, only sending back clips that make good PR, and helpfully guiding reporters around so they see only what they're supposed to see.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    30. Re:Fascist bloodlust by Cruciform · · Score: 2

      So he's guilty of copyright infringement? I thought that wasn't a crime on Slashdot.

    31. Re:Fascist bloodlust by darkstar949 · · Score: 4, Interesting

      How would congress even know about this? Do you think they would report such actions? Do you think congress knows about the renditions being performed? Do they know what secret prisons are used for torture?

      There is a reason that the various branches of the US military have inspector generals and a part of their job is to ensure that such things do not happen. So the US militiary effectively uses the same system that polices forces (i.e. internal affairs) as the check to ensure that gross abuses don't occur. Also, there is a whisleblowing program that is fairly well documented that should also be used to filter such abuses back to those who are in a position to do something about it.

    32. Re:Fascist bloodlust by CanHasDIY · · Score: 4, Insightful

      You also swear you will obey the "orders of the officers appointed over me."

      Which comes after the oaths to uphold and defend the Constitution, and protect the nation from threats foreign and domestic. Contrary to popular belief, it is an ordered list.

      By the oaths he swore, Manning did the right thing here.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    33. Re:Fascist bloodlust by mr.mctibbs · · Score: 5, Insightful

      If by "diplomatic consequences" you mean being forced to withdraw from Iraq, and starting riots in Egypt and Tunisia (Arab Spring happen that long ago we've already forgotten?), then yes it had some effect.

      If it weren't for Manning's revelations, we'd still have troops in Iraq, and the Arab Spring might have been a lot smaller than it turned out to be. If that isn't significant, I don't know what is.

    34. Re:Fascist bloodlust by h4rr4r · · Score: 3, Insightful

      We know how well that works for police. They never get away with crimes, ever.

    35. Re:Fascist bloodlust by CanHasDIY · · Score: 4, Insightful

      However, I think his decision to give it to Wikileaks rather than to take it to some element of the government who would play a watchdog role (e.g. a congressman opposed to the war) does cast doubt on the purity of his intentions -- or at least on his judgment.

      Considering the federal government's recent track record, I would counter that trusting any Congressperson to come forward and make the info public would be the real folly of judgement.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    36. Re:Fascist bloodlust by CanHasDIY · · Score: 3, Informative

      Except that the total amount of proof of anything Manning has done at the moment, is ZERO.

      You mean, except for the thing about him pleading guilty to charges? You know, described in that thing at the top of this page we call a summary?

      You've never been charged with a crime by the government, have you?

      Lemme drop a little free-range wisdom on ya: The justice system is fucked. Often times, accused people are given 2 choices by prosecutors: plead guilty and get a lesser sentence, or fight to prove your innocence (yes, that's right, it's no longer 'innocent until proven guilty') and risk having the book thrown at you. It doesn't matter whether you're actually guilty or not, it's all just a farce to keep the money flowing through.

      Don't take my word for it, go steal a candy bar from Walmart* and enjoy the anal-raping courtesy of the US corporate court system.



      * Wal-mart always prosecutes. Always.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    37. Re:Fascist bloodlust by Anonymous Coward · · Score: 2, Informative

      As a former military enlisted, I can tell you that after you are sent to bootcamp, part of boot camp is to teach you two things:

      1. You no longer have the rights given to you by the US Constitution. For instance, you have no freedom of speech to go out and tell the world of any wrong doing you find. That's what the inspector general is supposed to do.
      2. You no longer have the rights of a human being. You are not guaranteed 3 meals a day and a shower, you are not guaranteed to be given time to sleep. Can you typically expect those things, yes. Are you guaranteed them, heck no.

      Did he even TRY to use the processes in place to prevent abuse? Nope.
      Did he even TRY to prevent leaking information that was NOT necessary to prevent abuse? Nope.

      He took the "nuke it from orbit" approach and he knew what he was getting into. He surely hoped it would work out better for him, and he's definitely hoping things will improve, but should they? He KNEW what was going on and seemed more interested in being a martyr of sorts instead of doing the right thing.

      While not the popular opinion, I hope he rots in hell for what he did. He could have easily leaked something that resulted in deaths for military personnel. He may, in fact, have actually be indirectly responsible for deaths we aren't aware of.

      Bottom line, he wasn't given enough information to think. He didn't even try to do things the right way. Screw him.

    38. Re:Fascist bloodlust by Americano · · Score: 4, Insightful

      Sorry, his only options were "obey orders," or "leak millions of classified documents to Julian Assange"? That's a curiously short list of alternatives. How about... report it to the Inspector General (essentially, "internal affairs" for the military), or up his chain of command, and failing any action from any of them, end with:

      "Dear President Obama, Senators Pelosi, Reid, Speaker Boehner, and other honored Senators and Representatives of the Armed Services committee:

      My name is PFC Bradley Manning. I am a soldier attached to the 101st Some Unit as an intelligence analyst. In my role as an intel analyst, I see many classified documents, some of which have led me to conclude that a number of illegal actions are being taken by our military personnel during combat patrols and other operations in the Iraq and Afghanistan areas of operation. As you no doubt understand, I cannot provide copies of the documents in this letter, but I would offer some basic descriptions of scenarios I feel are in violation of law, and can provide you with document identifiers for you to request the documents yourselves, or would be happy to meet with you or your qualified representatives and review these documents at that time.

      Some example situations:
      On date X, location Y, Army personnel did Action Z which I believe violates our rules of engagement and may contravene Geneva Conventions.
      On date X, location Y, a joint Marine / Army patrol reported Action Z, which I believe to be illegal. ... List Continues...

      I have attempted to bring this issue to my chain of command in the following ways, and it has met with stonewalling and been ignored:
      -- Date X, letter to Officer Y, outlining same details.
      -- Date X, letter to Officer Y, outlining same details. ... List Continues ...

      Mr. President, Senators, Representatives - my oath requires me to uphold the constitution against all enemies, foreign and domestic - and I believe that some of these actions are against the law, and pose a grave threat to our Constitution. I am writing to you to expose these issues so that you can take appropriate action to correct a terrible wrong and end that threat.
      Sincerely,

      PFC Bradley Manning."

      You think a letter like that would be completely ignored, especially if he "accidentally leaked" a copy of it to a couple major news outlets, even Wikileaks? If they have Dates & locations, how hard is it for a couple journalists to start digging and saying, "whoa whoa whoa, we have some strong evidence that a bunch of Army soldiers kicked in the door, raped all the women, and then executed all the people in this house."

      He wasn't stuck with a binary option - steal & release millions of classified documents to make his point, or just shut up and go along with what he considered to be war crimes. Even if his *motiviation* was correct, his actions were not. There are ways to whistleblow which would make it impossible for the government to ignore the issue, without actually copying the entire database of classified materials and releasing it unedited to Wikileaks.

      Any argument that there were only 2 options available to him is completely false, and to suggest that he was right to disregard the numerous measured responses he could have pursued and go straight to the "nuclear" option is a little ridiculous.

    39. Re:Fascist bloodlust by SilentStaid · · Score: 2

      It is certainly not the business of a private to determine...

      Sir, you are wrong. In the United States Military, and the Army specifically I was made to recite our creeds every day through training. The Army training regimen consists of instilling belief in the 7 core values: Loyalty, Duty, Respect, Selfless Service, Honor, Integrity, and Personal Courage. Can you honestly tell me that what Bradley Manning did was not the embodiment of what he was trained for? As a vet I will tell you I respect him more than most of the rest of his chain of command. He wasn't perfect - but he had the courage to do something that should have been done.

      "all that is necessary for the triumph of evil is that good men do nothing..."

      Source: Vet and this little thing: http://www.army.mil/values/

    40. Re:Fascist bloodlust by mrbester · · Score: 2

      Name one.

      The inquiry set up specifically to discover if that assertion was true couldn't, and they had access to a lot more information than you.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    41. Re:Fascist bloodlust by tnk1 · · Score: 2

      If you refuse an order you are almost guaranteed a court-martial, but at the same time a court can acquit you with honor, and a court is certainly the place to air things like this, on the record. An officer in the wrong will not want you in front of a court-martial if you have any chance or proving your case.

      Manning is currently in that situation, sort of. Although I'd say that becoming someone who is roving through files that he had no business being in might have overstepped his personal responsibility. I think he did the wrong thing in the wrong way, and probably should be convicted. I don't want him shot, but there has to be some trust in people who maintain communications, and they need to deal with grievances in a more measured way than a mass dump of every classified document you can find into the hands of a third party who is known to be unsympathetic to the US government.

      In short, he will get his trial and we will see. The process is being followed, if it becomes irregular, I will be one of the first people to complain about it, if only because I don't want this guy being a martyr for the cause of recklessness.

    42. Re:Fascist bloodlust by Cigarra · · Score: 2

      And what about the Afghan informants who got murdered by the Taliban as soon as they got their hands on the lists of names from Wikileaks? And who knows how many coalition soldiers have gotten killed as a result of the insight those leaks gave the Taliban and others into our operations?

      Did that even happen? Got any links? I doubt it, but I'm always willing to analyze evidence.

      --
      I don't have a sig.
    43. Re:Fascist bloodlust by Dan93 · · Score: 3

      He didn't even try to work within the system, he went completely around it, which something that you just don't do in the military. He didn't even try to go up the chain of command. The inspector generals exist for a reason. And failing that, he could have gone all the way to the President if need be. Instead, he gave the documents to someone else - documents that he knew were classified, but had no idea just what was on them. He knew that they could contain information that put american lives at risk, as well as the lives of anyone working with the military.

    44. Re:Fascist bloodlust by Penguinisto · · Score: 3, Informative

      Some problems with your post (setting aside the Godwin bit). I doubt that you had ever been in the military in any actual capacity, so I'll explain a few things here:

      * Unlike the Wehrmacht (to which you refer), the US military UCMJ requires soldiers, sailors, airmen, etc to disobey any unlawful order, and to report the order-giver to his or her superior officers. This means you are not required to perform clearly illegal actions, even if you are ordered to do so.

      * Distribution of classified information to the public which (potentially or actually) puts lives at deliberate risk is not legally or morally defensible.

      * The typical grunt has no full comprehension of the complexities and politics behind the classification of a given bit of information. Even most low-level officers have no complete picture as to why a given bit of information they have access to is classified. This is by design, and is called 'compartmentalization'.

      * There is already a mechanism in place for whistleblowing, usually referred to in most branches as the Inspector General. For whistleblowing actual crimes, you have JAG(Navy), AFOSI(Air Force), and similar. There is no indication I'm aware of that Manning tried to take these or any other in-place routes.

      * Manning had a lot of other options open to him if this was such a big, ugly moral dilemma. Some of these options include a formal request for transfer to another unit, discussion of his concerns with his first sergeant, and other similar actions. Given that the data is classified, if he wants out, the military will damned well make sure he gets out, if only to separate him from the classified data and processes. A perfect example? The transfer of USAF personnel away from nuclear weapons duty/work if they have a clearly stated moral objection to working with or around them. No military branch wants an individual around sensitive data and equipment if the guy has problems with being around it.

      Long story short, Manning screwed up all by himself, and has no one to blame but himself.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    45. Re:Fascist bloodlust by HeckRuler · · Score: 4, Informative

      Clearly the military isn't withholding much, if anything

      Clearly the military HAS WITHELD information. Damning information. Information that would have made the war less popular, removed support, and ultimately caused us pull out and end the occupation. Oh look. That happened. We even voted in a guy with that platform and didn't vote for the guy who wanted us to stick around getting shot at.
      But hey, I think I get what you're saying. The military isn't withholding information from the government. Yeah, that's probably more or less true. But the people would still like to know. You know, since this is a democracy, we're supposed to be the ultimate political masters here.

      I suspect the military may have some views on the matter of being told to leave people unsupported in battle.

      Depends on who and what sort of battle. I don't think our ground pounders cared two bits about keeping neighbors from killing each other in Iraq during the rampant sectarian violence. Maybe the generals did, but they weren't the ones catching lead. None of them probably care enough about women's rights to keep the Taliban from being popular though.

      lead to the military simply ignoring the civilian government... Having an administration that believes they can direct the military to "stand down" in the face of an armed enemy can certainly bring that about.

      Well they didn't in Vietnam. We left and stopped a horrible clusterfuck of death and violence. Sadly, the north killed a whole hell of a lot of people when they invaded. That sectarian violence is a bitch isn't it? But after that the place largely got their shit in order. In short, the west propping up a regime that had no other support was a really bad idea. And stopping it was largely a success story of the peacenick hippies. Peace out dude.

      in the new spirit of there not being any more terrorism in the world, at least there isn't if we do not call it terrorism

      Dude, for a while there EVERYTHING was terrorism. Donating money to someone who knew someone who talked like a terrorist was terrorism. Suggesting that we should stop killing random people in the desert was terrorism. Trying to have a discussion about the definition of terrorism would get you suspected of terrorism. If that's swinging back to the region of sanity, it's a good thing.

      Bradley Manning's "revelations" might have surprised some people, but clearly it did not surprise most people in governments around the world.

      Oh, when you air their dirty laundry they are most certainly surprised. They never really expect to have to answer for their crimes.

    46. Re:Fascist bloodlust by Americano · · Score: 2

      How do you know he didn't take it up the chain of command? Because his superiors claim he didn't?

      I don't know that. I do know that nowhere in all the very high profile coverage of the case has anybody suggested he did any such thing, including PFC Manning himself. If he or his lawyer would like to release information documenting his efforts to take this issue up the chain of command, I'd be happy to review it, and adjust my opinion accordingly.

      As in, the same superiors who gave access to shit-tons of top secret documents to a private? Doesn't sound like a trustworthy group if you ask me.

      Sorry, in what way is this an argument against the trustworthiness of his chain of command? He had a job in the Army. His job - as an intel analyst - required him to have access to secret materials. Hard to analyze intel if you can't actually read the intel, no?

      Wait... I thought you were trying to argue against his releasing the info to Wikileaks, and now you're supporting it?

      You have reading comprehension issues. I said his decision to go straight from "obey orders" to the 'nuclear' option of "leak everything in the database to wikileaks" was a poor decision. I never said the leak shouldn't have happened, I said it should ONLY have happened after an exhaustive pursuit of alternatives, of which there were many available to him.

      Such as? Can you provide an example?

      Oh, I don't know, Watergate springs to mind.

      Yet you seem unable to provide a third option

      The third option, you dimwit, is the *gradually increasing rank of the people you contact.* If you go outside your chain of command without first working THROUGH your chain of command, you are wrong. Unless you're really trying to suggest that EVERY OFFICER and NCO in the US military from Manning all the way to the president was complicit in some sort of conspiracy to silence him, then the "third option" is simply - follow your chain of command until you get a response, and only escalate beyond the chain of command if you DON'T get a response.

      Options which, again, you appear incapable of providing.

      Did you have a stroke while reading my post? I provided a different option he could have pursued RIGHT THERE. I know it challenges your foolish preconceived notions that "hurr durr military r teh darkest evulz evar," but any suggestion that I did not point out an alternative that lies between "shut up and obey orders" and "dump the entire SIPRNet database onto Wikileaks servers" is false.

      As for:

      Reuters did, [collateralmurder.com] and were told "the U.S. military concluded that the actions of the soldiers were in accordance with the law of armed conflict and its own "Rules of Engagement".

      The US military concluded that, and released reports explaining the reasoning under FOIA.

      If your only argument is a HIGHLY edited video showing selective moments of that incident in an effort to portray the US military as bloodthirsty savages gunning down civilians in broad daylight, one which has repeatedly been show to be highly misleading (the insurgents WERE armed; the military HAD taken fire in that area earlier in the day; the children injured in the follow-on attack on the van were NOT killed; the pilots DID believe the insurgents were armed after seeing what appeared to be AK-47's and RPGs; and the pilots DID wait for a green light to open fire in the first place;), then sorry, your argument is irrelevant. You're entitled to your opinions about whether or not the military should have been in Iraq to begin with, and I'm inclined to agree with

    47. Re:Fascist bloodlust by ifiwereasculptor · · Score: 4, Interesting

      Says the rational American who realizes that the military may do a lot of really disgusting shit, so does every military. If we can't keep secrets, we will simply fail to be effective on the world stage.

      Why would you want to be effective in doing really disgusting shit on the world stage, though? Whistleblowing leeway exists exactly to prevent revolting things from happening covertly. Since most military organizations can be so prone to enacting terrible deeds, even more freedom should be given for whistleblowing. I understand they might need secrecy for some of their shit, but if their own agents are morally averted by what's going on, then it's a good idea to bring the debate to the public.

    48. Re:Fascist bloodlust by Khashishi · · Score: 2

      What the hell? You are consigned to the fact that the military does some fucked up shit and you would think we're better off if we just don't hear about it. Proud to be an American.

    49. Re:Fascist bloodlust by Bryansix · · Score: 2

      We know how well that works for police. They never get away with crimes, ever.

      Quote for Truth. When the Police get investigated they get put on paid leave, then they have Unions which work to make sure the least amount of information is released and a Police Chief whose best interest it is in to get the name of the office cleared etc. etc. Its a system ripe for abuse.

  3. Re:When do the General's get charged? by Anonymous Coward · · Score: 5, Insightful

    > You know, the ones who approved of the illegal activities by the military personal who Manning *PROPERLY* released information about?

    Releasing classified documents to an uncleared foreign national is NOT "properly released", it's illegal and punishable by imprisonment and in some cases death. The illegality of his actions and the resulting punishment were VERY well known to him, as it is to every single soldier that holds his clearance level. There were proper ways for him to handle himself, which he was retrained on every single year, but he made very specific decisions to break serious laws. He knew what he was getting into.

  4. Re:War Heroes by Seumas · · Score: 2

    Most of them are dead. We haven't been at war in 65 years.

  5. Should have used FOIA by concealment · · Score: 2

    Releasing classified documents to an uncleared foreign national is NOT "properly released", it's illegal and punishable by imprisonment and in some cases death. The illegality of his actions and the resulting punishment were VERY well known to him, as it is to every single soldier that holds his clearance level. There were proper ways for him to handle himself, which he was retrained on every single year, but he made very specific decisions to break serious laws. He knew what he was getting into.

    If I found wrongdoing in the military, I'd get out of service and then use the Freedom of Information Act (FOIA) to get the information I needed. That way, it would be publicly released and either reveal what was going on, or what the government was covering up.

    1. Re:Should have used FOIA by CRCulver · · Score: 2

      After someone with a security clearance leaves the military, they are expected to continue to honor the secrecy of the documents they worked with. You don't talk about what you've seen and done. Putting in an FOIA request for classified information is publically announcing the existence of that information.

      Yes, eventually one can get away with alluding to one's work in the military, but by then so many years have passed that the public probably wouldn't care. Historians might, but by that point it's hardly "whistleblowing".

  6. Re:Good: he's guilty and so is Assange by Anonymous Coward · · Score: 5, Interesting

    They weren't secrets, it was evidence. Evidence of the crimes committed by military personnel. Anyone else who knew of the evidence, that didn't speak up, that didn't bring it forward, was aiding and abetting criminals. Period.

    So you and your "unpopular view" can go fuck yourself. He did the right and legal thing.

    Everyone else who knew about should be charged (And convicted and sentenced) with the crimes listed in the evidence, period!

  7. Re:When do the General's get charged? by MightyYar · · Score: 4, Insightful

    *PROPERLY* released information about?

    Properly? Wow. He released EVERYTHING, not just data that pertained to alleged abuses. It's roughly analogous to an IRS employee leaking everyone's tax returns because he suspects his boss is cheating on his taxes.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  8. Re:When do the General's get charged? by Anonymous Coward · · Score: 2, Interesting

    Military personnel are trained not to follow illegal orders. Those personnel who followed them are the criminals.
    You can't hide *EVIDENCE* by stamping it as CLASSIFIED. Doesn't work that way.

    Evidence is evidence, and you cannot by charged of any wrongdoing when being a whistleblower - federal law covers that.

    This is a kangaroo court proceeding, where the kangaroos in question are guilty of the crimes evidenced.

  9. Re:Good: he's guilty and so is Assange by L4t3r4lu5 · · Score: 5, Insightful

    We don't know what government does and a lot of it we'd rather not know.

    Speak for yourself.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  10. Re:Good: he's guilty and so is Assange by h4rr4r · · Score: 5, Informative

    What is Julian Assange guilty of?
    What crime is it to publish documents your receive?
    He is not a US citizen so he cannot have any responsibility to the US government.

    I sure as hell would rather know what our government is doing. You might not, but I sure as hell would.

  11. Re:Good: he's guilty and so is Assange by fearofcarpet · · Score: 2

    Sure, Manning violated military law/protocol (I don't know what the proper term is) and yes that makes him guilty. However he has not been tried and found guilty by due process. No matter how guilty he seems, he has only been accused at this point and yet he has been locked in solitary confinement and forced to take drugs for years while he awaits his trial. So who is violating the rules here? Is the military above accountability? Should only the lone solider or citizen have to follow the rules while the military or government can do whatever it wants and hide whatever it wants?

    Wikileaks, among other things, exposed the murder of two journalists by a helicopter gunship. Not only did this lead to an investigation--and I'm certain that the person that pulled the trigger in that video isn't in solitary confinement being force-fed drugs--but it raised awareness of the fact that crimes are being committed and covered up. No one is suggesting trying to monitor every part of the government or any form of perfect transparency--we have collectively acknowledged the necessity that certain information be kept from public knowledge until it is no longer sensitive. But a completely opaque government that rubber-stamps embarrassments or evidence of criminal acts as "classified" is tyranny.

    --
    Actually, I wrote my thesis on life experience.
  12. There's a reason countries collaborate by concealment · · Score: 2

    If you published that article about the king of Burma - perfectly legal to do here in the US. Should we then send you over there to die for blasphemy because what you did was illegal in a country 4000 miles away.

    We wouldn't do that because their system of law doesn't comport to our basic notions of due process. There may also be other extradition issues, since in general the US is unwilling to extradite people to places where they'll get a show trial and immediate execution.

    Our laws end at our borders.

    Not really, if you think about it. We have numerous extradition treaties and are part of several international standards groups that seek to equalize our law with that of other country.

  13. Re:Let the police look through all your informatio by Nadaka · · Score: 2

    Manning is not the police. The government is not a person. Evidence is not merely "reason to suspect". This is a case of the system of military justice failing due to institutional corruption, and Bradley Manning took extreme but justified measures to expose it.

  14. Re:Good: he's guilty and so is Assange by dkleinsc · · Score: 5, Informative

    Did Julian Assange then publish these secrets, knowing that he has zero way of predicting the consequences? Yes: he's guilty.

    There are 2 big reasons why what Assange did is not a crime:
    1. Given that Julian Assange is not and has never been a US citizen or resident of the US, why is US law applicable to any action he takes? For example, if a Iranian spy working in Afghanistan uncovers classified information about the US military, the US can't demand that spy's extradition and expect to get anything out of that.

    2. Pentagon Papers case. The US Supreme Court has stated quite clearly that First Amendment protections apply to those who publish classified information, provided they weren't the ones leaking the information. And as you've stated, Manning was the one who provided the information to Assange, just like Ellsberg provided the information to the New York Times.

    So (a) US law doesn't have jurisdiction, and (b) even if it did, it's still not illegal.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  15. Re:Good: he's guilty and so is Assange by Anonymous Coward · · Score: 4, Funny

    This was covered before, and you were proven wrong then too.
    Espionage is an internationally recognized crime.
    His citizenship is irrelevant.

    Which is why during the cold war the USA and USSR regularly approved extradition of their respective spies.

  16. Re:Good: he's guilty and so is Assange by L3370 · · Score: 5, Funny

    A little over ten years ago it would have been called journalism...

  17. Martyrdom by danhaas · · Score: 2

    Nobody said martyrdom should be easy. By its very definition, it is not.

    Bradley Manning did break his oath; he is guilty and will be punished accordingly. But what he did was, in the end, the right thing to do: he is a martyr of truth.

  18. Re:Let the police look through all your informatio by pla · · Score: 2

    Imagine that the police have reason to suspect you might have committed a crime; do they then have the ability to just walk into your place and take every single thing you own, make those public, and then ask the public to sort through them for evidence of a crime?

    The government doesn't have a constitutional right to a fair trial. It has unlimitedaccountability to all its citizens, from Bradley Manning to you and I.

    Unfortunately, "accountability" doesn't mean much in an information vacuum. Fortunately, Bradley Manning is a fucking hero and helped fill that vacuum in the face of egregious offenses by our government. Also unfortunately, that just happens to make him a criminal, but that doesn't make his actions any less noble.

    As for Assange - Seriously folks, lose the hard-on for the poor bastard - Our lying cheating murdering leaders would like nothing more than for us to get distracted by what he did or didn't do, rather than asking what our leaders did or didn't do. Instead of a special prosecutor indicting the whole goddamned government, we had a media circus of politicians praying we'll fall for all the finger pointing in the direction of Sweden. Assange, for his part, amounts to nothing more than an attention whore who happened to end up in the right place at the right time. If not Wikileaks, you would have seen the same info as a Pastebin, or on Rapidshare, or perhaps just leaked to a few major media outlets.

  19. Re:Let him go by bill_mcgonigle · · Score: 2

    Several people in Pakistan, Afghanistan, and Iran have been taken into custody/and or killed due information provided in the release of these documents. This is not a harmless crime.

    And yet the government hasn't charged that, AC. Are you a paid misinformation agent?

    Meanwhile, he may very well have saved tens of thousands of lives and helped spread democracy to the Middle East.

    --
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    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  20. Re:"Lawful order" by RoknrolZombie · · Score: 2

    Allowing actions like this, even in the spirit of whistleblowing, would severely undermine the necessary order and discipline an effective military needs. It is certainly not the business of a private to determine what type of classified information should or should not be distributed.

    "I was just following orders"? No, US military are trained in their responsibility to refuse unlawful orders.

    Manning failed to demonstrate integrity by releasing the data without first reporting that he believed the classification orders to be unlawful, but if they were in fact unlawful then he was supposed to ignore them.

    Has it ever been explicitly established whether or not Manning (or other members of his company/platoon) attempted to seek advice from higher ups? Having served in the military myself, I can tell you that when you get a rotten chain of command, the damn thing is rotten from bottom to top. It may be that other members attempted to report what they'd seen and had been "stifled", either by military means (all of the shitty jobs, no sleep, limited rations, whatever - makes someone not have so much energy for fighting the status quo) or simply "disappeared".

    Not saying that's what happened - I'm just saying that I'm seeing a lot of claims that Manning didn't seek an alternative process and I haven't seen any indication that that was the case. There comes a point where if all of the fruit you reach for is rotten, you start reaching in a different direction.

    Again, not saying he's right, but we don't know all of the facts and we certainly don't understand the circumstances. Furthermore, the behavior of our military (or some small portions of it, at any rate) for the last few years has been intolerable...it seems we can't go a month without hearing about some solder murdering or raping someone...and that's just what we hear about. At the very least what Manning did was illustrate to the world the sorts of things that happen that we did not previously know about. That doesn't make him a hero, but I'm glad he did what he did.

  21. Re:Not a conflict of goals, but methods by CanHasDIY · · Score: 2

    This isn't a question of a list, but of methods and goals.

    There is a correct method for addressing any problem, which is "to question the actions and orders of those over them and escalate them up the chain if needed" as AC said above.

    If his goal is to fix a problem, he needs to use the correct method.

    Voice of experience -

    If you work for an abusive boss, telling them about it doesn't do any good. Often, it just makes things worse.

    If you work for an abusive boss within a corporation that protects its management staff at all costs, going up the chain of command will only result in making your own life miserable. In such cases, the only viable option you have is to circumvent the chain of command and report the abuses to an outside, third party for resolution.

    Besides, as far as I'm aware, no one related to the case has made any comment regarding whether or not he actually did circumvent the chain of command at all. Considering that his superiors are the ones who thought it wise to give an E1 (that's the lowest Army rank, for the laymen) access to all those classified documents, I for one would definitely take any claims they make with a heapin' helpin' of NaCl.

    Speaking of which... is Manning the only one on trial here? What about the officers who gave him access he shouldn't have had in the first place?

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese