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Bradley Manning Pleads Guilty To 10 Charges

Entropy98 sends this quote from the LA Times: "Army Pfc. Bradley Edward Manning pleaded guilty Thursday to 10 charges that he illegally acquired and transferred highly classified U.S. government secrets, agreeing to serve [up to] 20 years in prison for causing a worldwide uproar when WikiLeaks published documents describing the inner workings of U.S. military and diplomatic efforts in Iraq, Afghanistan and around the globe. The 25-year-old soldier, however, pleaded not guilty to 12 more serious charges, including espionage for aiding the enemy, meaning that his criminal case will go forward at a general court-martial in June. If convicted at trial, he risks a sentence of life in prison at Ft. Leavenworth, Kan."

491 comments

  1. nice efficiency there by Trepidity · · Score: 4, Insightful

    Only took them ~3 years to get around to scheduling the trial? Seems pretty lethargic even by military-bureaucracy standards.

    1. Re:nice efficiency there by dkleinsc · · Score: 5, Informative

      "Lethargic"? Try "unconstitutional" or "illegal", per the Sixth Amendment:

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:nice efficiency there by _xeno_ · · Score: 5, Funny

      Oh please, we all know the Constitution is "just a piece of paper" and "isn't a suicide pact."

      You expect our government to follow the rules that they're bound by? What do you think we are, civilized? We're Americans, fuck yeah!

      --
      You are in a maze of twisty little relative jumps, all alike.
    3. Re:nice efficiency there by Anonymous Coward · · Score: 5, Informative

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      The Supreme Court has repeatedly upheld the military's right to maintain different standards of justice for its members than the civilian justice that the wording of the Constituion describes.

    4. Re:nice efficiency there by Anonymous Coward · · Score: 0, Insightful

      i hate cynical content-free comments like yours. sarcasm really is the lowest form of wit this shit wasn't funny in the early 2000s, why would it be funny now?

    5. Re:nice efficiency there by Anonymous Coward · · Score: 0

      How is it unconstitutional? The Constitution specfically gives Congress the authority to regulate the military forces. The military justice system was created via the UCMJ based on that power. Maybe you need to read the whole Constitution not just the cherry-picked parts that you like?

    6. Re:nice efficiency there by egamma · · Score: 3, Insightful

      "Lethargic"? Try "unconstitutional" or "illegal", per the Sixth Amendment:

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      How are you certain that Bradley asked for to use that right? You are certain that the defendant (or his lawyer) wasn't the one who stalled in order to present a more vigorous defense, track down other witnesses, gather evidences of PTSD or insanity or brainwashing or wahtever?

      And, how do you define speedy? He had 22 charges against him; that means the government had about 6 weeks to prepare to prosecute each of those charges. 6 weeks isn't a whole lot of time.

    7. Re:nice efficiency there by thoughtlover · · Score: 2

      "Lethargic"? Try "unconstitutional" or "illegal", per the Sixth Amendment:

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      Sorry bub, but he's in the military. The military isn't subject to constitutional (civilian) law, in respect to standard jurisprudence. Refer instead to the Uniform Code of Military Justice (UCMJ).

      What I get scared about are police officers calling people, 'Civilians' --those cops are just as much a civilian as those they're sworn to protect, and just as protected by the Constitution and the Bill of Rights as the general public.

      --
      No sig for you! Come back one year!
    8. Re:nice efficiency there by Desler · · Score: 2

      Military personnel are subject to the UCMJ which has different rules. And, yes, this has been upheld as constitutional via Congress' power granted to it in Article 1 Section 8:

      "Congress shall have Power... To make Rules for the Government and Regulation of the land and naval forces."

    9. Re:nice efficiency there by dkleinsc · · Score: 5, Informative

      The "different standards" in this case are UCMJ Article 10, which states:
      "When any person subject to this chapter is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him."

      The military justice system actually has a more stringent speedy trial standard than civilian law.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    10. Re:nice efficiency there by CastrTroy · · Score: 1

      Exactly. If you were just going to plead guilty anyway, wouldn't you want to hold off that plea (and the corresponding prison sentence) for as long as possible?

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    11. Re:nice efficiency there by AlphaWolf_HK · · Score: 4, Informative

      I hope you're not making an allusion to the previous slashdot article, because that was debunked by both snopes and factcheck:

      http://www.factcheck.org/2007/12/bush-the-constitution-a-goddamned-piece-of-paper/

      I'm not making any assertions as to the character of any past politicians, rather trying to correct one of those lies that keeps being repeated and believed to be true when in fact it is not. Slashdot itself has not formally corrected itself on that matter either, and still many slashdotters to this day echo that original article on a relatively frequent basis. (Capital Blue, by the way, still hosts that article, with no retraction or update of any kind, which unfortunately, many political blogs link to and even have written big editorials showing outrage over the comment, which in all likelihood was never made.)

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    12. Re:nice efficiency there by jkauzlar · · Score: 0

      Yes, it's much easier to run from cynicism and live in a bubble . Also, do you gauge all humor by what was and wasn't funny in the early 2000's?

    13. Re:nice efficiency there by Capitaine · · Score: 0

      Military justice is to justice what military music is to music. - G. Clémenceau

    14. Re:nice efficiency there by _xeno_ · · Score: 1

      I wouldn't say it's supposed to be funny. It's just supposed to be true.

      We as a nation haven't really cared what the Constitution has said since - well, if we're honest, ever. It has all these great ideals and concepts in them that we don't live up to and never have. (It also has things like blacks being 3/5ths of a person, so I wouldn't say the entire thing is perfect. But that's what amendments are supposed to correct, not flat-out ignoring it.)

      Bradley Manning's treatment has already been called out as inhumane. It may turn out to be legal, which would be a failing of our laws and justice system. People have been protesting it all along, and fuck all has happened, because not enough people care and the majority seem to think Manning "deserves" his treatment.

      So, yeah, I don't have anything left to do but just cynically try and laugh at the whole thing. It won't really accomplish anything, but neither will anything else.

      --
      You are in a maze of twisty little relative jumps, all alike.
    15. Re:nice efficiency there by Anonymous Coward · · Score: 0

      How are you certain that Bradley asked for to use that right? You are certain that the defendant (or his lawyer) wasn't the one who stalled in order to present a more vigorous defense, track down other witnesses, gather evidences of PTSD or insanity or brainwashing or wahtever?

      Logical question.

      And, how do you define speedy? He had 22 charges against him; that means the government had about 6 weeks to prepare to prosecute each of those charges. 6 weeks isn't a whole lot of time.

      Now you're just playing government apologist. Rather badly.

      a) Things can be done in parallel. b) Most of the charges are related to each other. c) It was a single investigation. d) Multiple charges are very common, yet this excuse isn't used e) Allowing govt to stretch things out just by adding charges invites abuse f) Seriously, this part of your comment is just plain stupid. You came up with your opinion, then tried to come up with a reason for it.

    16. Re:nice efficiency there by overmoderated · · Score: 4, Interesting

      The entire US government should be on trial, not Manning for having a conscience.

    17. Re:nice efficiency there by overmoderated · · Score: 1

      Tell that to the ones who died in Iraq (locals and US).

    18. Re:nice efficiency there by Perl-Pusher · · Score: 4, Insightful

      I'm with you there. In every courts marshal proceeding I ever witnessed about 5 in 20 years. The trials combined came a lot swifter than the it took for Virginia to prosecute a child one molestation case. In every single case even the civilian one, it was the legal maneuvering by the defense attorneys that caused the holdups. In my career, I have served as a balif, juror and was head of a correctional custody facility for a while. I have seen the process, it never been a bureaucracy. They are usually handled very very quickly! Speed is never advantageous to a defendant. Not only does time allow the defense better preparation, witnesses memory lapses and its much easier to poke holes in their credibility. If you just want to hang someone a 10 minute trial is all a prosecutor needs.

    19. Re:nice efficiency there by PRMan · · Score: 1

      Why? He's already in jail until he...goes to jail?!?

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    20. Re:nice efficiency there by hairyfeet · · Score: 2

      Well if they gave him a speedy trial they wouldn't have been able to torture him with solitary confinement, sleep deprivation, and all that kind of "fun" now could they? Remember when the USA was SUPPOSED to be the good guys that didn't torture people? Sadly the PTB are running the how to close a society playbook that has actually be around since the days of Mussolini. I'm sure many would think the crazy Austrian was the innovator there but most of his stuff he ripped off of Mussolini. Watch the video and see how many of the warning signs have already come to pass here, scary shit..

      --
      ACs don't waste your time replying, your posts are never seen by me.
    21. Re:nice efficiency there by CanHasDIY · · Score: 2

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      Yea, about that...

      Guess who gets to determine what qualifies as "speedy?" Hint: It ain't the accused.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    22. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Try planned.

      3 years to break a man so he becomes a properly disposed of criminal rather than a martyr.

    23. Re:nice efficiency there by CanHasDIY · · Score: 5, Informative

      It also has things like blacks being 3/5ths of a person

      For the record, the Constitution says no such thing. It does (or did) state that, for voting and taxation purposes, slaves will (would) be counted as 3/5ths of a person, but at no point does the document specify the race of the slaves in question.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    24. Re:nice efficiency there by geekoid · · Score: 1

      Which doesn't apply to the military. Who can order you to sit in a cell.
      And,of course, speed y is pretty tricky. What is speedy? is it the next day? or is it reasonable time to gather the required information?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    25. Re:nice efficiency there by _xeno_ · · Score: 5, Insightful

      Actually, I was more referring to the recent stuff with the Obama administration trying to explain why the Second Amendment doesn't exist and why we shouldn't worry about it. I guess I got my quotes mixed up.

      Plus there's the whole "free to assassinate Americans when they're outside the country" thing. Clearly judicial process isn't something the Obama administration is terribly worried about.

      --
      You are in a maze of twisty little relative jumps, all alike.
    26. Re:nice efficiency there by CanHasDIY · · Score: 0

      I hope you're not making an allusion to the previous slashdot article, because that was debunked by both snopes and factcheck:

      http://www.factcheck.org/2007/12/bush-the-constitution-a-goddamned-piece-of-paper/

      You are correct - Bush never actually said those words, in that order.

      However, actions speak louder than words, and the intent of his actions are quite clear, IMO.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    27. Re:nice efficiency there by Uberbah · · Score: 5, Insightful

      Refer instead to the Uniform Code of Military Justice (UCMJ).

      By all means.

      The UCMJ requires trials within 120 days. Manning past that years ago. The UCMJ also forbids unlawful command influence - which Obama committed when he publicly pronounced Manning guilty, since as CiC is the boss of the prosecution and the judge. Funny how the "but Manning broke the laaaaaaaw" types don't care about that.

    28. Re:nice efficiency there by HCase · · Score: 1

      So... a subset?

    29. Re:nice efficiency there by MouseR · · Score: 4, Interesting

      Tell that to the hundred thousand civilian dead Iraqis, victims of an unjust, unfounded war that only the US public bought in their post 9/11 panic.

      Pentagon already said no deaths or injuries occurred as a result of the document leak.

      I still think Manning deserves what he got. He had no rights to commit this treason.

      As for WIkileaks, the US has no rights to hunt them for publishing them. Its not like they paid for them.

    30. Re:nice efficiency there by Stan92057 · · Score: 4, Informative

      Hes being treated according to military law not civilian law. They are 2 very different set of laws, the military being much more strict as it should. Letting people run around with loaded guns and allowed to kill people requires a different standard. I don't feel sorry for him i feel sorry for his family and hes lucky hes hasn't been shot because if this was WW2 he most certainly have been shot.

      --
      Jack of all trades,master of none
    31. Re:nice efficiency there by geekoid · · Score: 1

      Becasue the holding jail is often more present.
      There is no conviction,
      And it give opportunity for a more fair trial.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    32. Re:nice efficiency there by Anonymous Coward · · Score: 0

      You clearly know absolutely nothing about the constitution.

      While it is true that the constitution originally said that SLAVES (not blacks, blacks were not the only slaves, believe it or not) were 3/5ths a person.

      Are you aware that this got repealed with the 13th amendment? The constitution was created as a dynamic document that could be amended with the times. Go back to that civics class you failed.

    33. Re:nice efficiency there by Anonymous Coward · · Score: 0

      This is the lifeblood of Slashdot. Of course, content-less cynicism like gp's is 5 Insightful when applied to things /. collectively hates. It's only when OUR feelings are hurt do things become no longer funny.

    34. Re:nice efficiency there by RoknrolZombie · · Score: 1

      I've never been arrested (lucky me), so I could be wrong, but I imagine he's probably being confined in a less "permanent" location right now, which will probably be moderately more comfortable. When they sentence him, they'll likely deduct the time he's already served...if I were in his shoes (and these are the correct circumstances - they may not be) I'd be dragging out the trial as long as possible so that the time that I serve in "real prison" is shorter.

    35. Re:nice efficiency there by Anonymous Coward · · Score: 0

      I still laugh at Y2K jokes.

    36. Re:nice efficiency there by Spy+Handler · · Score: 5, Informative

      Constitution doesn't mention slaves. The 3/5th refers to "all other persons".

      Slavery was a hot potato even back in 1787, so the Framers decided to avoid the topic altogether and ship a product rather than argue endlessly and come up with nothing. Many of the founding fathers were opposed to slavery, but the southern slaveholding states would've never ratified the Constitution if slavery was banned.

      They excluded the word "slave" on purpose. If the clause had read "slaves shall be counted as 3/5th", that would've be an implicit legitimization of slavery. So they basically just kicked the can down the road and the issue didn't get addressed until 1860.

    37. Re:nice efficiency there by I'm+New+Around+Here · · Score: 0

      Refer instead to the Uniform Code of Military Justice (UCMJ).

      By all means.

      The UCMJ requires trials within 120 days. Manning past that years ago.

      If he had been tried 4 months after the documents were posted on Wikileaks, Manning would have been found guilty of every charge the governments made, and then sentenced to life in prison. A three year wait to get a much more lenient sentence works in his favor.

      Personally, I still think he should be shot, and have his severed head mounted on a pike in front of the Pentagon, alongside the heads of his superiors who allowed him to bring a recording device with him as he viewed/downloaded/copied thousands of classified documents. The blame isn't his alone that it happened.

      The UCMJ also forbids unlawful command influence - which Obama committed when he publicly pronounced Manning guilty, since as CiC is the boss of the prosecution and the judge. Funny how the "but Manning broke the laaaaaaaw" types don't care about that.

      Well, yes, Obama is an idiot who can't keep his big mouth shut. Not the first time he chimed in where he shouldn't.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    38. Re:nice efficiency there by Anonymous Coward · · Score: 0

      no...I think he was aiming for oxymoron...

    39. Re:nice efficiency there by Trepidity · · Score: 3, Insightful

      Perhaps I'm too naive, but I would hope that if this were WW2 then a lot of the rather eyebrow-raising stuff he leaked wouldn't have existed in the first place.

    40. Re:nice efficiency there by PraiseBob · · Score: 4, Informative

      I imagine he's probably being confined in a less "permanent" location right now, which will probably be moderately more comfortable

      So I guess you haven't heard about the human rights complaints about the conditions he is being held in? Probably haven't heard that he testified about being stripped naked every night, had his eyeglasses taken away, held in a cold room and wasn't allowed to have sheets or blankets on the bed. He isn't allowed to talk to anybody, isn't allowed to exercise, has to request toilet paper and soap on a per use basis which is sometimes granted and sometimes not.

      The United Nations special rapporteur on torture (the top anti-torture official in the world) accused the United States of torture, cruelty, inhumane and degrading treatment specifically in this case. So, I'd say that no, he isn't very comfortable where he is...

    41. Re:nice efficiency there by westlake · · Score: 2

      The military justice system actually has a more stringent speedy trial standard than civilian law.

      The price of that is less time to prepare and mount a successful defense.

      The function of a courts-martial is to maintain order and discipline within the armed forces while fairly and properly deciding the fate of a particular defendant.

      It has never been easy to keep things in balance.

    42. Re:nice efficiency there by Anonymous Coward · · Score: 0

      > Which doesn't apply to the military. Who can order you to sit in a cell.

      Enlistment expires every 6 years, and Officers can retire essentially at any time (I think there's some rule about pending case but the same rule can be used to force the court marshal). So, even given your statement it is true, it is limited.

    43. Re:nice efficiency there by Servercide · · Score: 1

      Try researching the UCMJ. All military members are subject to this. You can throw your constitutional rights out the door.

    44. Re:nice efficiency there by AlphaWolf_HK · · Score: 4, Informative

      Well ask yourself honestly, what president hasn't shat on the constitution at some point? They all have.

      Even the ones people tend to look up to the most. Take Lincoln, who suspended habeus corpus, or FDR, who did oh so many things that in any other time would never fly. Come to think of it, the worst offenders were all wartime presidents. Ironically those ones are often the ones that are the most hated until long after the fact.

      I'm guessing here that you voted for Obama? Actions that speak louder than words...Where should I begin with him. Drone strikes on US citizens? Shitting on the second amendment? I have no love lost for the former (I think he had it coming,) but am rather displeased with the later. However I think many on slashdot, given its stance on overzealous protection of IP, should be rather upset that Obama ratified the ACTA treaty without even letting the senate so much as have a glance at it - that is a very blatant violation of the constitution which not only requires that they see it, but that they actually vote on it as well, and it pushes heavily in favor of the Hollywood unions that supported him. Also most overlooked are that he gave government loan guarantees to various firms that lobbied heavily (including funding) for his election, and nearly all of them defaulted on those loans shortly after they received them - a very shady thing if you ask me, even if these companies didn't default. The later two are both akin to taking a bribe, only in campaign contributions rather than money.

      I'm trying to see how that is any less of a crime than anything his predecessor did, which if you keep tabs on these "news" sites that commonly repeat this lie, they to this date are rather silent on what their guy does. That isn't to say that anything that any previous presidents have done is acceptable, but one thing I hate about American politics is that too often people will be a cheerleader for their guy and overlook his transgressions, while pointing fingers at everybody else.

      I've said it on slashdot before that lobbyists aren't the problem - they can't vote after all. The problem is people voting for somebody without even bothering to examine their character - rather they just look at the letter next to their name, or vote for whoever their friends told them to vote for. It's really no different from the rivalry you see between sports fans of opposing teams. Much in the same, it's rather disturbing the way politicians kick the ball around like a hot potato (e.g. the debt ceiling) and while the news makes sensational articles about it, most people aren't really interested in electing anybody who has a real plan to do anything about it - again they just want to support their team.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    45. Re:nice efficiency there by dkleinsc · · Score: 1

      I'm sure many would think the crazy Austrian was the innovator there but most of his stuff he ripped off of Mussolini.

      Both those guys ripped off Franco in Spain too.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    46. Re:nice efficiency there by Anonymous Coward · · Score: 3, Funny

      If this were WW2, he wouldn't have been able to walk out with gigabytes of classified data without anyone noticing. I mean, the State Department memos alone would require a wheelbarrow.

    47. Re:nice efficiency there by BasilBrush · · Score: 1

      Uncertainty of that sort is probably more distressing than the the additional comfort is worth.

    48. Re:nice efficiency there by dkleinsc · · Score: 2

      And, how do you define speedy? He had 22 charges against him; that means the government had about 6 weeks to prepare to prosecute each of those charges. 6 weeks isn't a whole lot of time.

      The point of the speedy trial clause is that the government is supposed to create a case against you, and then arrest you, rather than the other way around.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    49. Re:nice efficiency there by Obfuscant · · Score: 2

      You are correct - Bush never actually said those words, in that order.

      You are never correct - Bush actually said those words, in that order.

      Somehow I think a statement that someone didn't use a certain set of words "in that order" is an admission that the claim that the words are being quoted is a lie. And the intent of those who quote the words "out of order" is much clearer than the intent of the person who is being misquoted.

    50. Re:nice efficiency there by Sarius64 · · Score: 0, Troll

      Racist!

    51. Re:nice efficiency there by Motard · · Score: 2

      What he leaked was kitten tame compared to the kind of stuff that was going on in WW2.-

    52. Re:nice efficiency there by Opportunist · · Score: 2

      If you allow the Constitution to become "just a piece of paper", you deserve what you get.

      The Constitution is the only collection of laws that is actually aimed AGAINST the powers that are and not against their subjects. No part of the constitution (at least none I can think of right now) limits the powers of the people, but all of them limit the powers of the government. If you let them take that away from you, your government will be the LAST ones to defend you against it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    53. Re:nice efficiency there by Motard · · Score: 2

      If the US government could simply claim copyright on their secret documents, the resolution would've been pretty easy and non-controversial.

    54. Re:nice efficiency there by dywolf · · Score: 1, Interesting

      I've said it about about similar topics. Even though he is the CiC and their titular boss, he cannot dictate the findings of a court of law, even a military court of law, it is illegal for him to do so, and it would result in an instant mistrail or automatic appeal which would be garunteed to overturn the previous court's decision. that fact you would state such a thinkg only proves how absoutely blind and ignorant you are.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    55. Re:nice efficiency there by MouseR · · Score: 4, Informative
    56. Re:nice efficiency there by RoknrolZombie · · Score: 1

      Just because I didn't mention it in my unrelated comment doesn't mean I missed it ;) I think it's pretty clear that while the citizens of various countries oppose torture, the governments don't seem to take much of an interest in eliminating it.

    57. Re:nice efficiency there by hypergreatthing · · Score: 2

      maybe some people with more intimate knowledge of the law can help me out here. By what laws can constitutionally guaranteed rights be supersede by military law?

    58. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Look how long it took to take Kevin Mitnick to court. Four and half years of solitary confinement in a Federal "pound me in the ass" prison without a trial.

    59. Re:nice efficiency there by CanHasDIY · · Score: 1

      You are correct - Bush never actually said those words, in that order.

      You are never correct - Bush actually said those words, in that order.

      Somehow I think a statement that someone didn't use a certain set of words "in that order" is an admission that the claim that the words are being quoted is a lie.

      You think wrong.

      I'm certain Bush has, at some point in his life, uttered the words "Constitution," "Goddamn," "piece," and "paper." However, I know that, in the context of the urban legend, he never actually said those words, in that order. He very well could have said, "Goddamn! That piece of paper is the Constitution?" but that's not what this discussion is about.

      Anyway, the important part of my post is the part you didn't quote:

      actions speak louder than words, and the intent of his actions are quite clear, IMO.

      That, I stand behind.

      Now, please, enough with the pedantry, it detracts from the conversation.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    60. Re:nice efficiency there by Anonymous Coward · · Score: 1

      " In United States v. Loud Hawk, 474 U.S. 302 (1986), where the reason for the 90-month delay (interlocutory appeals) did not weigh against the government, the Supreme Court held that the possibility of prejudice occasioned by the delay was not sufficient to establish a Sixth Amendment speedy trial violation. Moreover, the courts of appeals routinely reject Sixth Amendment speedy trial challenges in the absence of a showing of prejudice.[24] However, in Doggett v. United States, 505 U.S. 647 (1992), the Supreme Court held that an "extraordinary" eight-and-one-half-year delay between the defendant's indictment and arrest, which resulted from the government's "egregious persistence in failing to prosecute [him]," violated his right to a speedy trial even in the absence of "affirmative proof of particularized prejudice."[25] "

      From http://en.wikipedia.org/wiki/Speedy_Trial_Act#Constitutional_basis

    61. Re:nice efficiency there by Anonymous Coward · · Score: 0, Troll

      Actually, I was more referring to the recent stuff with the Obama administration trying to explain why the Second Amendment doesn't exist and why we shouldn't worry about it. I guess I got my quotes mixed up.

      Plus there's the whole "free to assassinate Americans when they're outside the country" thing. Clearly judicial process isn't something the Obama administration is terribly worried about.

      Considering Obama was a law professor I find his attitude towards the US Constitution disturbing. President George W. Bush and President Barack Obama should be arrested and charged with treason and high crimes, detained in Cuba at Club Gitmo, tried in a military court, and subsequently if found guilty sentenced to death. To ensure a fair trial keep them detained in Cuba for a period not less than 100 years with hard field labour for a minimum of 12 hours each day except Sunday when they are required to spend 4 hours in reflective spiritual contemplation or water-boarding.

    62. Re:nice efficiency there by noh8rz10 · · Score: 1

      are there different rules for military, with military tribunals instead of trials, for example? I wouldn't be surprised if when you enter the military you agree to be bound by a tighter code.

    63. Re:nice efficiency there by WilyCoder · · Score: 1

      I still make Y2K jokes.

    64. Re:nice efficiency there by RoccamOccam · · Score: 4, Insightful

      Also, the Three-Fifths Compromise was actually was done in opposition to the wishes of the slave-holding states. Those states wanted to be able to fully count slaves as part of their population in order to benefit from their numbers when it came time for apportionment for the House of Representatives and for the distribution of taxes. The non-slave-holding states opposed this idea.

      That so many people think that this was put into the Constitution to dehumanize blacks, when it was actually put in by those in opposition of slavery, is astounding.

    65. Re:nice efficiency there by Anonymous Coward · · Score: 0

      No, it require arraignment within 120 days. He heard the charges against him long ago.

    66. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Pentagon already said no deaths or injuries occurred as a result of the document leak.

      I still think Manning deserves what he got. He had no rights to commit this treason.

      As for WIkileaks, the US has no rights to hunt them for publishing them. Its not like they paid for them.

      In which case Manning should have been charged with violation of his duty and punished accordingly. The appropriate punishment would likely be 6 months of confinement, reduction in rank and pay, and then dishonourable discharge from the military with no military post-enlistment benefits. He would be walking the streets now trying to find employment with the only thing worse than a criminal conviction - a dishonourable discharge from the USMC.

    67. Re:nice efficiency there by Anonymous Coward · · Score: 1

      The US Constitution itself. Article One, Section 8:

      "To make Rules for the Government and Regulation of the land and naval Forces;"

    68. Re:nice efficiency there by CanHasDIY · · Score: 3, Insightful

      Well ask yourself honestly, what president hasn't shat on the constitution at some point? They all have.

      Never said they didn't, but the post I was responding to didn't specify any of the other Presidents, so thus it would have been pointless and off topic for me to discuss any of them.

      I'm guessing here that you voted for Obama?

      The first time.

      Learned my lesson, that's for sure. Actually, I've been trying to start a trend of referring to him as "Bush the Third," but so far hasn't gained a lot of traction.

      I'm trying to see how that is any less of a crime than anything his predecessor did, which if you keep tabs on these "news" sites that commonly repeat this lie, they to this date are rather silent on what their guy does.

      Hence one major reason why The Daily Show is America's most trusted news program.

      one thing I hate about American politics is that too often people will be a cheerleader for their guy and overlook his transgressions, while pointing fingers at everybody else.

      With ya on that, too.

      I've said it on slashdot before that lobbyists aren't the problem - they can't vote after all. The problem is people voting for somebody without even bothering to examine their character - rather they just look at the letter next to their name, or vote for whoever their friends told them to vote for.

      I would argue that "the problem" isn't necessarily that people are voting for bad candidates, but that, thanks to the rampant fiscal elitism that controls modern political campaigning, it is nigh impossible for a good candidate to get on the ballot, let alone be elected.

      Take Ron Paul for example - love him or hate him, you can't deny that the media deliberately did everything they could to avoid so much as mentioning his name during the primaries; I recall one instance in particular, where MSM talking heads listed the first, second, and fourth place candidates in the Republican primary. Who the fuck does that??? The answer, obviously, is someone who has a vested interest in the third place candidate not receiving any attention.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    69. Re:nice efficiency there by Anonymous Coward · · Score: 2, Interesting

      Can somebody explain to me where all the "pro-Constitution" people on Slashdot go when gun control comes up?

      Just curious, because whenever Bradley Manning or wikileaks comes up, we've got a bunch of constitutional scholars who think they're Rehnquist reborn chiming in, yet they never seem to show up when the 2nd amendment is being shit on.

      Curious.

    70. Re:nice efficiency there by PhxBlue · · Score: 0

      Oh, for fuck's sake. It was "put in" by both sides -- that's why it's called a compromise.

      --
      !#@%*)anks for hanging up the phone, dear.
    71. Re:nice efficiency there by retchdog · · Score: 0

      Yes, it's called the Uniform Code of Military Justice.

      In particular, note subchapter 10, article 133: ``Any commissioned officer, cadet, or midshipman who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct."

      The veterans I know refer to this as the ``fuck you'' clause, as it clearly covers practically anything and only applies to the peons (ranking officers are noncommissioned, or `non-coms').

      --
      "They were pure niggers." – Noam Chomsky
    72. Re:nice efficiency there by Anonymous Coward · · Score: 0

      "pound me in the ass" prison

      Bullshit. Mitnick was incarcerated at FCI Lompoc, which is a low-security facility, where he probably made a lot of baskets and christmas ornaments.

      Tough life.

    73. Re:nice efficiency there by Obfuscant · · Score: 1

      You think wrong.

      No, I think it's spot on. Saying that someone didn't actually say "those words, in that order" implies that the misquote is not an issue because the real intent of the speaker was how he was misquoted. He didn't say what it is claimed he said. Period. Continuing to claim that he did is a lie.

      Anyway, the important part of my post is the part you didn't quote:

      I quote what I feel is significant, and admitting that word order wasn't as quoted was the important part. Word order is significant, as I proved. And I did reply to what you think is significant, which is that your assumption about his intent is just your assumption, while a deliberate misquote is much clearer and, since it is much easier to avoid, just as egregious.

      Now, please, enough with the pedantry, it detracts from the conversation.

      And deliberately misquoting others, or editing their quotes to change the meaning, does not?

    74. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Here in Murrika, political prisoners don't have a right to a speedy trial.

    75. Re:nice efficiency there by noh8rz10 · · Score: 1

      Becasue the holding jail is often more present.

      I would argue that any jail is extremely present, especially when you're in one!

    76. Re:nice efficiency there by Follis · · Score: 2

      You have that exactly backwards. Non-Coms are people like sergeants and corporals. Commissioned offers are 1st lieutenant and above. I.E. it applies to the people that aren't peons.

    77. Re:nice efficiency there by noh8rz10 · · Score: 3, Funny

      has to request toilet paper and soap on a per use basis which is sometimes granted and sometimes not.

      How awesome is that? It's somebody's job to fetch him toilet paper. I bet Richard Branson doesn't even have that. Considering that all his meals are prepared and delivered and he never has to go out and run errands, it's pretty sweet.

    78. Re:nice efficiency there by Anonymous Coward · · Score: 0

      A federal judge this week decided KBR was also granted different standards of accountability by virtue of being paid by the Army. They are not liable for their activities and substandard work even if it endangers soldiers. The extension of government authorities for convenience seems unending.

    79. Re:nice efficiency there by RoccamOccam · · Score: 2

      No need to get upset, sheesh! The slave-holding states wanted full counting of slaves, the non-slave holding states wanted 0 (which is less than full counting). Sure they compromised but the concept that people find offensive is that slaves counted for less than a whole, which is the non-slave-holding position. If the non-slave-holding states had completely gotten their way, then we'd be hearing about how slaves weren't counted at all! And again, that would be backwards.

    80. Re:nice efficiency there by retchdog · · Score: 1

      yeah, you're right. it means that they have a commission, rather than that they are commissioned, which is what i thought. thanks. sorry for the confusion.

      --
      "They were pure niggers." – Noam Chomsky
    81. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Hes being treated according to military law not civilian law.

      War or no war, constitution still applies. You might be one of those who do not want it to but it does.

    82. Re:nice efficiency there by CanHasDIY · · Score: 1

      Yea, sorry, better things to do with my day than waste it arguing semantics with a childish, pedantic troll.

      Have a good one.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    83. Re:nice efficiency there by gmanterry · · Score: 1

      "Lethargic"? Try "unconstitutional" or "illegal", per the Sixth Amendment:

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      You folks seem to believe that this document still is in force. It has been nibbled at, torn, ignored and defied for decades. Even the Supreme Court now believes that in some cases European laws trump the American Constitution.

      http://www.huffingtonpost.com/2009/05/01/sonia-sotomayor-supreme-c_n_194470.html

      Yes I know, it a rightwing blog but left wing blogs don't say negative things about their own. Right wing blogs don't say negative things about right winger either so it appears you need to read both and use your brain to determine what is correct.

      We need to get rid of the righwing Taliban congresscritters and the socialist left and get this country moving again somewhere near the center like when Ike was Prez.

      --
      Since when is "public safety" the root password to the Constitution?
    84. Re:nice efficiency there by Anonymous Coward · · Score: 0

      In this case it was the prosecutions fault: http://m.heraldsun.com.au/news/breaking-news/us-wikileaks-case-delays-reasonable-judge/story-e6frf7k6-1226586619766

    85. Re:nice efficiency there by Mitreya · · Score: 0

      I still think Manning deserves what he got. He had no rights to commit this treason.

      Alleged treason, yes?

      Even so, did he have a right to a speedy trial in less than 3 years (and a right to not be in abusive solitary confinement for those 3 years)?

    86. Re:nice efficiency there by Mitreya · · Score: 2

      Guess who gets to determine what qualifies as "speedy?" Hint: It ain't the accused.

      I know, it's just so much fun to redefine words!

      "Speedy" is "any amount of time"

      "Due process" is "any process that may or may not involve courts or laws"

      "Imminent threat" is "any unconfirmed threat with no known timeline"

    87. Re:nice efficiency there by dwillden · · Score: 1

      True, and little unknown tidbit, under the UCMJ he could still actually face the death penalty. It's unlikely but the fact that the prosecution is not seeking the death penalty does not preclude the convening authority (the General officer playing Judge) from imposing what ever sentence he feels most fitting the crime, (within sentencing guidelines for the charged crimes). As at least one of the outstanding charges are capitol crimes, although not likely the Judge could impose the death penalty if convicted.

      --
      I'm too lazy to compose a creative sig.
    88. Re:nice efficiency there by admdrew · · Score: 1

      Given your nested blockquotes in #43038865, you've already wasted SOME time today arguing semantics.

    89. Re:nice efficiency there by MouseR · · Score: 1

      Well, he pleaded guilty to that but that's beside the point. Whatever the reasons that motivated him, be it human justice, human rights, Geneva Convention or else, he was still a military that doug into the system and copied data that was deemed state secrets. That, is treason. Whichever way you want to see it.

      Confinement is another issue. And its clear the military wanted him to serve as an example to whomever might be thinking about doing this again. Gitmo comes to mind when it comes to wrongful incarceration. But that too, is off-topic to Manning pleading guilty.

    90. Re:nice efficiency there by Anonymous Coward · · Score: 0

      So I guess you haven't heard about the human rights complaints about the conditions he is being held in?

      Neither have you, obviously, since even his complaint was that it happened while he was in the Brig. This was already settled, a judge ruled it had been illegal and if he is convicted he's already got 112 days worth of time served which will be knocked off any prison term he might get.

      I guess that whole past tense/present tense thing is a little above your reading level, and that of the mods, judging by your +5 Informative ranking right now.

    91. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Cost-wise, not very efficient. Taking time to build the case, whilst intimidating others, probably effective.
      Both arguments totally insignificant compared to someone's right to a fair trial in a reasonable time - three years! Too much...

      (BTW, if he is found guiltily, after legal and fair process, then he should certainly go to jail for a long time. He was not an ordinary citizen, and none of his leaks have resulted in anyone being convicted of a crime, which would justify them).

      BUT, I repeat THREE FUCKING YEARS?

    92. Re:nice efficiency there by haruchai · · Score: 0

      "Letting people run around with loaded guns and allowed to kill people requires a different standard"
      That's called the 2nd Amendment and Stand Your Ground.

      No military law required.

      --
      Pain is merely failure leaving the body
    93. Re:nice efficiency there by haruchai · · Score: 1

      Where there any 3/5ths whites?

      --
      Pain is merely failure leaving the body
    94. Re:nice efficiency there by Anonymous Coward · · Score: 0

      meanwhile in canada, we've already sentenced our spy... who didn't leak info but actually gave it to the enemy... and for profit... hmmm... i think these rulings should be switched, give bradley 20 years and our guy life

    95. Re:nice efficiency there by budgenator · · Score: 1

      They can't, constitutionally guaranteed rights can not be legally superceded by any law.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    96. Re:nice efficiency there by dwillden · · Score: 1

      Just because the defense made a motion filing, does not mean they were not part and parcel of the overall delay process. In fact just such a motion being filed, requires time. Once the motion is filed, the Prosecutor has to have some small degree of time to prepare a response, and the justice has to schedule a hearing to hear the motion and the defense against it. And all this takes time away from the preparations for the actual trial.

      The very motion discussed in that article increased the delay before trial. What would have been really funny is if the prosecution had said, sorry for the delay your honor let's go, we're ready. What would the defense attorney have said then? Because as has already been noted time is the tool of the defense. Just as the severity and number of the charges warrant careful preparation of the actual prosecution even more so does it require the careful preparation by the defense.

      This is a capital case, even though the prosecution said early on it was not seeking the death penalty, such a penalty is still on the table as the Convening Authority (the judge) is the one who decides the sentence, he or she is in no way bound by the decisions of the prosecution, and as at least one of the charges is a capital charge, if convicted the Judge could assign a death sentence. So everybody is making sure their ducks are in a row before this actually goes to trial. (No I don't think the Convening Authority will go that route, but it's open.)

      --
      I'm too lazy to compose a creative sig.
    97. Re:nice efficiency there by Anonymous Coward · · Score: 0

      No part of the constitution (at least none I can think of right now) limits the powers of the people

      The Copyright Clause does.

    98. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Did you read the same article I did? There are no witnesses, how does more time help the defense in this case?

    99. Re:nice efficiency there by Anonymous Coward · · Score: 0

      So I take it the -1 moderation is a 'no'. Nobody can name specific actions taken by Obama or his administration which violate the second amendment.

    100. Re:nice efficiency there by dryeo · · Score: 1

      The Constitution has had amendments added since it was written. First one added limited Congress from limiting free speech.
      Until another amendment is added allowing Congress to limit speech, any law limiting free speech is unconstitutional as the 14th amendment extended that limitation

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    101. Re:nice efficiency there by 0111+1110 · · Score: 2

      I've never been arrested (lucky me), so I could be wrong, but I imagine he's probably being confined in a less "permanent" location right now, which will probably be moderately more comfortable.

      As someone who has been arrested and seen the inside of a temporary holding cell more than once let me assure you that you are wrong. His conditions are likely to improve in a longer term facility. Jails are actually considered more dangerous than prisons precisely because it's considered 'temporary' and dangerous murderers and rapists are mixed in with contempt of cop and file sharer prisoners. In real prisons they are supposed to at least try to segregate people. I would imagine that a military prison might be a bit better than normal prison, but who knows.

      One of the worst parts of it for me was the sheer boredom. And you're also let out of your cage occasionally. I spent practically the whole time just pacing my cage like an animal: back and forth, back and forth. There was something about being penned in that drove me half crazy. In longer term facilities they have a tendency to allow things like books.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    102. Re:nice efficiency there by DaveV1.0 · · Score: 1

      Unless the accused doesn't want the speedy part. That is why court cases drag on for weeks, months, or years. Manning and his attorneys have been asking for more time to prepare his defense and filing motions that require rulings.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    103. Re:nice efficiency there by DaveV1.0 · · Score: 1

      If this were WW2, he would have been executed already.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    104. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Most delays are at the request of the defendant, to allow them more time to mount a defense.

    105. Re:nice efficiency there by Anonymous Coward · · Score: 0

      The accused may have the right to a speedy trial but is not required to accept it. Most delays are the result of the accused requesting that the trial be delayed so he can mount a better defense. A few delays are the result of other circumstances but the court must still rule the delay is reasonable.

      If you are going to criticize you should at least get the facts right.

    106. Re:nice efficiency there by hairyfeet · · Score: 1

      I thought Franco came later? After all he didn't become the "dear leader' until 1936 which by then both Hitler and Mussolini had their systems pretty locked down.

      But Mussolini and his black shirts were the real innovators, everything from force feeding laxatives to making people just disappear in the middle of the night Il Duce had his viciousness down to a science. Some say Stalin was the master but I would argue a LOT of his came from being paranoid, just look at how he crippled his own military with the purge on the eve of war, if he wouldn't have had millions to use as cannon fodder he would have been screwed.

      Sadly the problem is, as the video shows, how much of the programs of Franco and Mussolini have been enacted right here in America. Places set up to allow the government to torture people without oversight, private para-military goon squads allowed to operate on American soil, hell they are even stealing some of the old language like "homeland", its the same plays being run here today and as ms Wolf points out if we don't do something we could wake up tomorrow and be in a locked down state, the shifts are THAT quick.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    107. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Our Non-commissioned Officers are not peons, they are the backbone of the military. Any Commissioned Officer would be foolish to ignore the technical and tactical proficiency that our NCOs have. Also any self-important Lieutenant would quickly find his nuts crushed by a First Sergeant or Sergeant Major, even though he outranks them. And I'm speaking as a Lieutenant (and prior enlisted Soldier) who knows better.

      Also, Commissioned Officers are Second Lieutenant and above.

    108. Re:nice efficiency there by White+Flame · · Score: 1

      Or he could have been referencing this image.

    109. Re:nice efficiency there by yndrd1984 · · Score: 2

      SLAVES ... were 3/5ths a person.

      The word "slave" is found nowhere in the Constitution of the United States, nor does anyone count as 3/5 or a person. Representatives and taxes are apportioned according to a rule that includes the phrase "three fifths of all other Persons".

      Go back to that civics class you failed.

      You go with him.

    110. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Right, everyone who dies in iraq over some sort of conflict is the fault of the united States. People weren't dying through terrible means before us.

    111. Re:nice efficiency there by flimflammer · · Score: 1

      Let me get this straight... The Pentagon claims that as a result of the leak, no one is injured or killed, but he still deserved the pain and suffering he had been made to endure these past 3 years all while wondering if he's even going to see a public trial? It was absolutely necessary to detain him for 3 years in harsh conditions over something that not only caused no deaths, but no injuries? All because our government got a little egg on its face as a result of this disclosure?

      Do you people even remotely understand the concept of punishment fitting the crime? His possible 20 year prison term might even be sweet relief to the conditions he has faced thus far.

    112. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Yes they do.

      This site is full of gun nuts.

    113. Re:nice efficiency there by Anonymous Coward · · Score: 0

      No, it doesn't. All it does is allow the government to have copyright laws.

    114. Re:nice efficiency there by fustakrakich · · Score: 1

      Hollywood executives have a union? I did not know that. If you paid any attention to the Oscars, you would realize that Hollywood is quite proud of being the government's megaphone.

      --
      “He’s not deformed, he’s just drunk!”
    115. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Perhaps I'm too naive, but I would hope that if this were WW2 then a lot of the rather eyebrow-raising stuff he leaked wouldn't have existed in the first place.

      The extent to which you and your current mods are naive is utterly jaw dropping.

      Maybe _I'M_ being naive, but wasn't that the war with the uh holocaust, and nukes? What did you find eyebrow-raising in the Manning leaks, keeping WW2 up as a frame of reference??

    116. Re:nice efficiency there by fustakrakich · · Score: 1

      Wrong people

      --
      “He’s not deformed, he’s just drunk!”
    117. Re:nice efficiency there by rossz · · Score: 1

      The fair-weather pro-Constitution people still think the 2nd is a collective right, despite the Supreme Court's rulling in the Heller case.

      --
      -- Will program for bandwidth
    118. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Have fun: http://www.iraqbodycount.org/

      Whats your point? What on earth does that have to do with the leaks? No shit, lots of people die due to military, paramilitary action and civil instability during a conflict. This is the first I've heard of it being claimed a big secret...

    119. Re:nice efficiency there by Bing+Tsher+E · · Score: 1

      And actually, the rule counting the slaves as 3/5 was supported by the North and opposed by the South. Because it kept the South from being apportioned as much power in congress as they would have if the slaves had been counted as 1/1. It had nothing to do with votes, and everything to do with how many representatives came from each state and thus how much power each state had in the Legislature.

    120. Re:nice efficiency there by merky1 · · Score: 1

      Too bad the constitution does not apply for military members. Since he volunteered, he is now beholden to the UCMJ, which is much more restrictive than federal law. Imagine a world where having an affair is a federal offense...

      --
      --WooooHoooo--
    121. Re:nice efficiency there by MouseR · · Score: 1

      That's actually quite funny. Imagine if they would have auto tuned all of the cables. Mpaa would have done all the work.

    122. Re:nice efficiency there by AlphaWolf_HK · · Score: 2

      You tell me. The letters to Obama mostly came from unions.

      http://www.ustr.gov/acta

      Now I don't know if you're pro union, but one thing that disturbs me about unions is that you are all too often required to fund their political causes (in the form of dues,) even if you object to them, or else they'll see to it that you get fired. They're supposedly on your side, but your union boss who often makes more than your real boss will call a strike a win even if you lose your job in the process. Meanwhile he keeps his, and he's seen as a heroic champion of the people. Unions have their roots in the mafia, and it shows.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    123. Re:nice efficiency there by fustakrakich · · Score: 1

      Unions are no different than any other business. Human resources are their commodity, traded just like oil or frozen orange juice. The liquor industry also has its roots in the mafia. Most of the bigger players started up during prohibition. Hollywood gets its special favors from the government for the services it provides. The letters to Obama could have been dictated by anybody.

      --
      “He’s not deformed, he’s just drunk!”
    124. Re:nice efficiency there by jma05 · · Score: 1

      I just don't see how he can be severely punished by any court at this point without diminishing itself. At least from the comment sections of major US/International news outlets, the court of public opinion (arguably skewed) is firmly against any major sentencing and that he had suffered enough already. Anything more than a few years will not be good for the international image.

    125. Re:nice efficiency there by Solandri · · Score: 2

      I would hope that if this were WW2 then a lot of the rather eyebrow-raising stuff he leaked wouldn't have existed in the first place.

      I'm pretty sure it did exist during WW2. It's just been deleted from the historical record by judicious consideration over what to commit to paper, or when certain papers happened to be destroyed in a mysterious fire. With today's technology, people just shoot off their immediate thoughts in a quick email which gets archived multiple times and survives in perpetuity. Even of the mundane stuff like friendly fire incidents, you rarely read about that happening in WW2 despite battlefield communication being much, much worse back then.

      It happens outside of classified papers too. It's the reason people think everyone was polite and genteel and didn't swear during the 1700-1800s - because most writing which survives from back then was careful to edit out the vulgarities which really peppered society.

    126. Re:nice efficiency there by FlyingGuy · · Score: 1

      You have obviously never read a military enlistment contract or the Uniform Code of Military Justice.

      --
      Hey KID! Yeah you, get the fuck off my lawn!
    127. Re:nice efficiency there by rajafarian · · Score: 1

      You sound like a piece of shit for a human being, so fuck you.

    128. Re:nice efficiency there by dcw3 · · Score: 1

      Yes, it's called the Uniformed Code of Military Justice, and you subject yourself to it when you raise your hand to join the military.
      http://www.ucmj.us/

      --
      Just another day in Paradise
    129. Re:nice efficiency there by dcw3 · · Score: 1

      Hmmm. I've searched the UCMJ, and found no such requirement. Can you point to the 120 day rule you're claiming?
      http://www.ucmj.us/

      --
      Just another day in Paradise
    130. Re:nice efficiency there by Anonymous Coward · · Score: 0

      I'm not sure what you mean. We regularly carpet-bombed the shit out of entire cities full of civilians. We leveled whole cities with nuclear weapons. We shelled religious sites and didn't stop to think twice about it. We took many of our Japanese American citizens and put them in internment camps.

      The only difference is that now we're supposed to feel bad when a couple of idiot journalists decide to meet up with armed enemy combatants in a war zone at night, in an area where they've been shooting at US forces, and got lit up.

      In WW2, they would've been executed just for being that fucking stupid.

    131. Re:nice efficiency there by haystor · · Score: 1

      While some of the material may have been what those sympathetic to Manning might call "whistelblower" material, the majority of it was probably much more mundane. Even so, releasing the boring stuff compromises our sources, whether they are electronic or human intelligence. Many documents are classified much more strongly because of how we obtained the material than what the material actually is.

      Some boring piece of correspondence will have some boring detail about how one person went from home to the grocery store and it will be pieced together that his driver is the an intelligence source. It turns out this guy wasn't even an agent, he just has a conversation at a bar with a friend about his day. But these documents get released, one thing leads to another and some poor driver ends up getting beaten.

      But none of this matters, because we don't like Bush.

      --
      t
    132. Re:nice efficiency there by del_diablo · · Score: 1

      What treason?

    133. Re:nice efficiency there by AlphaWolf_HK · · Score: 0

      Prohibition was referred to as progressive by the way (so were eugenecists and the Nazi party.) Just a little tidbit I want to throw out there in response to somebody who labels themselves as "progressive" when they think their ideals move mankind forward (essentially a label that self-righteous people give themselves.)

      Anyways, it was a problem created by the government, and vicariously the gangs that rose up from it were a creation of the government. When that mafia came into power, it then exerted a small but measurable amount of influence over the larger governments (in some cases outright owning smaller city/county governments, including police departments.)

      Unions are basically what remains of the mafia. You don't work for the one who pays you, you work for the union. You answer to the union before you answer to your "employer." If you don't pay tribute to the union, they'll force your employer to fire you. Your job is their leverage. If you don't like their stance on political issues, you can very well find yourself up shit creek without a paddle.

      On slashdot and elsewhere, you frequently hear discussion about how we should overturn citizens united to kill superpacs. Yet not one of them mentions how many of these superpacs are dwarfed by the political influence that labor unions have. At least people give their money willingly to superpacs, but union members are forced to fund their lobbying. If we kill superpacs, can we also kill union influence on elections as well? Chances are that's a negative. Obamacare gave special exemptions to the unions due to their lobbying, and if they have that much influence I figure they'll keep themselves out of harms way of any constitutional amendments.

      Something you'll notice about me is that I'm neither right nor left; in fact I despise labels like those. The self identified "right" won't even talk about the dirty tactics labor unions employ whereas I will. I'm going to echo something I alluded to earlier: I don't think citizens united is the problem. Lobbyists aren't the problem either. People casting their vote blindly is the problem.

      This may sound a bit hypocritical in light of what I said above, but in my opinion, if members of labor unions disagree with the political lobbying efforts of the union, they should have the right to refuse to pay dues without any concern for retaliation. The labor union can then make a choice: either they back off of their lobbying efforts if they need to keep their revenue stream, or they can go all out (which wouldn't hurt them if most of their members supported their lobbying effort.) That would balance things further in favor of union members having the right to dictate who the fruits of their labor (aka their money) supports, which they currently do not have.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    134. Re:nice efficiency there by rtb61 · · Score: 0

      Technically speaking in more advanced countries military law is simply considered a contractual obligation and does not ever deny a citizen their full rights. In the US will silly willingness to join the military allows the US government to now define you as sub-human and you willingness to serve means that "YOU SHOULD LOSE RIGHTS".

      In other countries, Australia for you, the military can only lock you up for 3 months, than they must hand you over to civilian authorities for the same equal rights access to the law. Don't listen to the government quisling joining the military does not mean, once you are locked up and no longer armed, you still lose your fucking rights as a citizen.

      It's insane to think that you have volunteered to serve and risk your life to protect your fellow citizens rights and as punishment you government can now deny you your rights as a normal citizen, talk about one great big fuck you.

      --
      Chaos - everything, everywhere, everywhen
    135. Re:nice efficiency there by SuricouRaven · · Score: 1

      That's because the wording of the second amendment is sufficiently awkward that it's meaning could be argued over indefinitely. Just look at it:

      "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."

      Now see how many points of contention there are:
      1. Well-regulated. Does that mean the government can require whatever standards and permits legislators see fit?
      2. Militia. A militia is a defensive force against attack by an organised party - another country or, at the time of writing, the natives. The amendment specifies a militia, do does that mean the right belongs to individuals too, or only a government-run militia intended for national defense?
      3. The People. Does that mean individuals all have the right to bear their own arms? Or does it mean the collective people of a state, saying only that states have the right to their own militia rather than being dependent upon and vulnerable to the federal government?
      4. Arms. What arms? Weapons have changed now. Obviously it would be silly to give citizens the right to own their own nuclear bomb, but that means a line must be drawn somewhere. Semi-automatic pistols? Automatic rifles? Sniper weapons? How about a few claymores - those are of value in defending one's property, certainly. A booby-trap on an outbuilding will stop any thief trying to get in. How about a few pipebombs, or an RPG?

      People have been debating this for so long because the words, as they are written in the constitution, could be interpreted in many different and equally valid ways.

    136. Re:nice efficiency there by SuricouRaven · · Score: 1

      It would be more accurate to say the pentagon claims that as a result of the leak people were injured or killed, but they can't reveal exactly who. They have experts who will testify during the trial, but for reasons of national security their testimony will be classified.

    137. Re:nice efficiency there by SuricouRaven · · Score: 1

      He isn't going to get murdered. As a national security risk, he has been held in solitary confinement continually. With the sheer boredom for such a prolonged time, by the time he gets to trial he probably won't be coherent enough to testify in his own defense.

    138. Re:nice efficiency there by bryan1945 · · Score: 1

      I guess different places, different rules. I got 2 weeks in the "holding section," with the same amount of things (books, common room TV, hour yard break), as when I got to the larger pod. Luckily, besides nights, we only got 2 lockdowns a day for head counts. Except for when other pods had a riot- that screwed our entire day.
      Glad you're out; don't know what it's like to be able to walk out your front door anytime until you can't anymore.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    139. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Can you imagine what WWII would have been like if we could not fight until we made certain that no German soldier was in fact a US citizen? When we bombed Dresden and Berlin there were surely a few American citizens under those bombs and we don't even want to talk about hospitals and kindergartens and retirement homes. But if we did what the mob squawks about back then we would have lost WWII.
                                        Or you might want to look at what the north did to southern cities during the civil war. They didn't mind killing innocents at all.

    140. Re:nice efficiency there by stenvar · · Score: 1

      Tell that to the hundred thousand civilian dead Iraqis, victims of an unjust, unfounded war that only the US public bought in their post 9/11 panic.

      I was strongly opposed to the US invasion of Iraq. But your numbers are wrong. Most of those civilian victims were the victims of other Iraqis, not Americans. And if the US hadn't invaded, those numbers would likely have been higher, since Saddam Hussein's regime had a long track record of mass murder.

    141. Re:nice efficiency there by stenvar · · Score: 1

      Do you have any indication that the government delayed the trial unreasonably? Did Manning's lawyers want an earlier trial date but were denied?

    142. Re:nice efficiency there by xenobyte · · Score: 1

      Actually it's just two sentences, first a justification and then the content.

      Because: "A well regulated militia being necessary to the security of a free state"
      Therefore: "the right of the people to keep and bear arms, shall not be infringed"

      Simple and not that hard to understand - unless you deliberately try to curb or indeed infringe on this right.

      One can argue that RPGs, fully automatic assault rifles and nukes are not the arms intended to be 'arms'. I would concur with that. It might be fun hunting deer with RPGs or a 50-calibre Gatling gun but not very useful. And nukes are rather stupid as a means of defending your home...

      I'd say that regular handguns and similar rifles are the arms intended and they should be freely available to anyone not a convicted felon or mental patient. All the heavier weapons should also be available to anyone with a proper license or who is a member of a licensed group (a militia for instance).

      --
      "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
    143. Re:nice efficiency there by dave420 · · Score: 1

      The number of Iraqi deaths before the invasion was lower than afterwards, as the invasion removed the basic security which prevented any sectarian violence. Yes, Saddam's regime had a terrible history of mass murder, but it didn't come anywhere close to the slaughter conducted in the absence of any security what-so-ever. The US's plan to disband the Iraqi army then released hundreds of thousands of well-armed and well-trained people back into the civilian population, which absolutely did not help the situation. The number of civilian deaths directly attributable to military actions of the invading allies is over 110,000.

    144. Re:nice efficiency there by rastos1 · · Score: 1

      I've said it on slashdot before that lobbyists aren't the problem - they can't vote after all.

      Except the evolution of politics does not depend on voting. It depends on the people swayed by lobbyists.

      The problem is people voting for somebody without even bothering to examine their character - ...

      Except there isn't anybody with good character to vote for. Because people with good character just look into the Augean stables of politics and give up in desperation. Only those with bad character are actually interested into going there. The bad character is, in fact, a prerequisite to "success" in this area.

    145. Re:nice efficiency there by Bill_the_Engineer · · Score: 1

      Oh please, we all know the Constitution is "just a piece of paper" and "isn't a suicide pact."

      Politicians treat it like a Bible but not in a good way. They will quote only the sections that are agreeable to their argument while completely ignoring the rest. Let's take the political debate over gun control. Opponents to gun control speak of the sanctity of the 2nd amendment and how any restrictions, regardless of how reasonable, weaken the amendment and take rights away from the citizens.

      Unfortunately most of these opponents turn a blind eye to the other amendments and have proposed or passed laws and restrictions to the "Freedom of speech, religion, and press" (1st), "Unreasonable search and seizures" (4th), "Due Process" (5th), "Fair and speedy public trial" (6th), "Civil cases trial by Jury" (7th), "Excessive fines as cruel and unusual punishment" (8th), "Citizenship" (14th), "Direct elections of senators" (17th - Yes there is talk of repealing this one), and the annual submission of a bill from Jose Serrano "Term limits for the president" (22nd).

      --
      These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
    146. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Plus there's the whole "free to assassinate Americans when they're outside the country" thing.

      Those drones "stood their ground"

    147. Re:nice efficiency there by dywolf · · Score: 1

      hmmm. my mod point stalker decided to label the above as "flamebait". hilarious.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    148. Re:nice efficiency there by Anonymous Coward · · Score: 0

      What southern slaveholding states? Georgia? It's not like there were a whole like of "southern" states.

    149. Re:nice efficiency there by Anonymous Coward · · Score: 0

      not in the military.

    150. Re:nice efficiency there by Anonymous Coward · · Score: 0

      Because Saddam Hussein was killing Iraqis at the rate of 200,000 a year, the Iraq front of the War on Terror has saved hundreds of thousands of Iraqis. American wars *save* lives.

    151. Re:nice efficiency there by stenvar · · Score: 1

      The number of Iraqi deaths before the invasion was lower than afterwards

      Saddam Hussein was responsible for more than 900000 Iraqi deaths over 23 years. That's a far higher death toll.

      http://middleeast.about.com/od/usmideastpolicy/a/me090424b.htm

      as the invasion removed the basic security which prevented any sectarian violence.

      Even if correct, you could have made the same argument about just about any dictatorial, socialist, or communist regime in the world. I think left-wing ideology is perhaps primarily defined in terms of the willingness to give up liberties for security and safety; this seems to be particularly a middle-class attitude, people who seem most keen on left-wing ideology. I'm sorry, but you'll just have to live with the fact that lots of other people have different preferences.

      The number of civilian deaths directly attributable to military actions of the invading allies is over 110,000.

      Only for a propagandistic misuse of the term "directly". The fact remains that most of those deaths were due to Iraqi-on-Iraqi violence, and that the average annual death toll during Saddam's regime was far higher. In addition, any attempt to oust Saddam Hussein or his successors would have been bloody, so these deaths would have been incurred sooner or later.

      As I was saying: I was against the Iraq war. Bush lied, it wasn't our business, and it was too expensive. But you can't argue that Iraqis are worse off because of it. And, in some sense, we were responsible for the state of Iraq, since it was Kennedy who brought Saddam to power, apparently viewing him as a fellow progressive politician.

    152. Re:nice efficiency there by RoknrolZombie · · Score: 1

      I stand corrected - however I'd like to point out that he has apparently been kept in solitary for most of his time, meaning that he's not caged with the animals. Bored? Probably, but at least right now he doesn't have a cellmate. Honestly, I would think that were I in the same situation I would prefer solitary anyway.

    153. Re:nice efficiency there by Myopic · · Score: 1

      You are right: even traitors have Constitutional rights. I say let's get him convicted as quickly as possible so we can execute him for the Constitutional crime of treason.

    154. Re:nice efficiency there by redlemming · · Score: 1

      Constitution doesn't mention slaves.

      It does, however, mention persons held to service or labour. This is often known as the "fugitive slave clause"(Article 4, Section 2, Clause 3):

      "No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due."

      Even here the word "slave" does not appear, so calling this the "fugitive slave clause" is a bit of a misnomer.

      It is, of course, significant that the words "in one state, under the laws thereof" appear, thus making it plain that while the Constitution itself did not authorize slavery per se at a federal level, it did permit persons being "held to service or labour" -- a somewhat vague phrase with lots of room for abuse -- at the state level. Indentured service (different from slavery) did exist in the colonies: the wording here could apply to either slaves of indentured servants.

      It has been argued that some of the Founding Fathers, including Benjamin Franklin, supported separation from England in large part because attempts to end slavery had been repeatedly quashed by the British Crown.

      The vast majority (well over 90%) of slaves shipped from Africa went to the Caribbean or South America, not North America. This was due in large part to the very high rates of death for slaves in the sugar plantations found in that part of the world. These plantations were run by the British, French, Spanish, and Portuguese. This trade was permitted by Britain until long after the American Revolution, finally being outlawed by act of Parliament in 1807 (in part due to the efforts of William Wilberforce).

      It is well established in the historical record that many other Founding Fathers were opposed to slavery.

      Many of the abuses associated with the slavery system could reasonably be considered violations of the Bill of Rights. It may have been the intention of those Founding Father's opposed to slavery to eventually use this, along with the Federal control over interstate commerce, as tools to quash slavery entirely.

    155. Re:nice efficiency there by 0111+1110 · · Score: 1

      I would also prefer solitary. When I was in my temporary cell I at least didn't have to share it, partly because they thought I was violent. So I guess there was some segregation in my case. Aside from the boredom the other problem with captivity is the lack of privacy. Having to deal with violent people in a regular jail/prison is whole other can of worms which luckily I never had to deal with. Being in solitary would seem to make sense, except that you're not usually allowed books (which is huge) and I've heard that people wonder if you are a snitch of some kind or maybe a child molester.

      Living in a cage for a short time where I wasn't allowed out at all gives me more sympathy for caged animals. I like to keep parrots, but I would never lock one in a cage again after my experience. Not even for a short time when I'm not home. It really is cruel.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    156. Re:nice efficiency there by Anonymous Coward · · Score: 0

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial ..."

      It's not really in the interest of legal professionals in the USA to pay attention to this provision. In fact, the opposite is the case. A lengthy trial process increases the demand for the services of legal professionals. As the supply of lawyers is relatively inelastic, this increases the long term job prospects for the profession, as a matter of basic economics.

      It is always worth remembering that legal professionals are in a position of ethical conflict of interest with respect to the nature, scope, and form of the legal system. A legal system that is (or even is just perceived to be) confusing, overly complex, contradictory, or glacially slow, is a legal system that creates a strong long term demand for the services of legal professionals.

      In ethics terms, this is known as conflict of interest. There isn't a conspiracy here, just irresponsible, self-centered, and arguably sociopathic individuals recognizing mutual self-interest. Not all legal professionals support these kinds of things, either. There are (some) ethical and responsible lawyers out there.

      The ability of the military prosecutors and courts, to make this case take such a long time and to hold this person in jail for so long before resolving the trial, necessarily follows from the general failure of ethics on the part of the US legal profession as a whole.

      Two fundamental rights, relevant to this situation, that might reasonably be asserted under the 9th Amendment as rights "retained by the people" are 1) the right to not have one's time stolen or wasted, and 2) the right to ethical conduct on the part of members of government and the legal profession, avoiding even the appearance of ethical conflict of interest.

    157. Re:nice efficiency there by dave420 · · Score: 1

      Those 900,000 people includes a massive amount of military personnel who signed up and appreciated the risk. The 110,000 people I stated (who were literally killed by direct military action by the allies, not Iraqi-on-Iraqi violence) were civilians only.

      Your meandering diatribe arguing that the power vacuum caused by the invasion was somehow justified or cool is mind-boggling. These are facts, and clearly have lead to the destabilisation of the country. It has nothing to do with liberal tendencies what-so-ever. Your argument is fatuous beyond belief.

    158. Re:nice efficiency there by stenvar · · Score: 1

      Those 900,000 people includes a massive amount of military personnel who signed up and appreciated the risk.

      Iraq had the draft. And in a dictatorship, even "military volunteers" are not volunteers. Believe me, I have family who used to live under a dictatorship.

      The 110,000 people I stated (who were literally killed by direct military action by the allies, not Iraqi-on-Iraqi violence)

      No. Even according to IBC, only about 12% were killed by coalition forces.

      http://www.guardian.co.uk/news/datablog/2012/jan/03/iraq-body-count-report-data

      Your meandering diatribe arguing that the power vacuum caused by the invasion was somehow justified or cool is mind-boggling. These are facts, and clearly have lead to the destabilisation of the country. It has nothing to do with liberal tendencies what-so-ever. Your argument is fatuous beyond belief.

      You're right: it has nothing to do with liberal tendencies; you are no liberal. You are a liar and you seriously try to argue that a stable dictatorship by a mass murderer is preferable to a democracy. People like you are reprehensible.

    159. Re:nice efficiency there by Uberbah · · Score: 1

      Can you point to the 120 day rule you're claiming?

      Sure thing:

      armfor.uscourts.gov

      Speedy Trial: Rule for Courts-Martial 707

      65 M.J. 69 (the regulatory speedy trial standard set forth in RCM 707 requires that an accused be brought to trial within 120 days of preferral of charges, imposition of restraint, or entry onto active duty, whichever is earliest; an accused is brought to trial within the meaning of the Rule at arraignment; if charges are dismissed, the clock stops and a new 120-day period begins upon re-preferral of charges).

    160. Re:nice efficiency there by Uberbah · · Score: 1

      that fact you would state such a thinkg only proves how absoutely blind and ignorant you are.

      You use a cannon or a howitzer for that projection?

    161. Re:nice efficiency there by dcw3 · · Score: 1

      Interesting. So, I hadn't been following the case closely, but reading the statement below, I have to wonder why his attorney agreed to the terms where he plead guilty to lesser charges. Once you plead guilty, according the the link you supplied, that 120 day speedy trial rule gets tossed out.

      From Wikipedia:
      In September 2012, Manning's lawyer filed a motion to dismiss all charges with prejudice, arguing that Manning had been unable to obtain a speedy trial.; the motion argued that his pretrial confinement of around 900 days exceeded anything that the Court of Appeals has found to be facially reasonable.[71] In December, the judge accepted terms that would allow him to plead guilty to lesser charges, in exchange for a maximum sentence of 16 years and the government dropping the most serious charges. In January 2013, she ruled that any sentence should be reduced by 112 days because of Manning's treatment while at Quantico, but that the dismissal of charges was not appropriate

      --
      Just another day in Paradise
    162. Re:nice efficiency there by Uberbah · · Score: 1

      If he had been tried 4 months after the documents were posted on Wikileaks, Manning would have been found guilty of every charge the governments made, and then sentenced to life in prison.

      Why do you say that? Did you know for a fact that the judge and jury was made up of a bunch of bloodthirsty sadists such as yourself:

      Personally, I still think he should be shot, and have his severed head mounted on a pike

      That go for everyone else that has broken the laaaaaw, or just the dirty fucking hippies? You want the heads of Cheney, Rove, Libby, and Armitage on pikes for leaking Plame's identity? High-ranking members of both the Bush and Obama administrations for ignoring FISA laws and the UN Convention Against Torture?

  2. Aiding the enemy by detritus. · · Score: 5, Interesting

    The big revelation is that he also gave the documents over to US agencies first. Aiding the enemy my ass, he went to Wikileaks after the New York Times (which Daniel Ellsberg used for the Pentagon leak) and other news agencies that didn't follow through.

    1. Re:Aiding the enemy by clarkkent09 · · Score: 2, Insightful

      He most certainly was aiding the enemy, and I don't see how going to NYT first changes that? Manning indiscriminately leaked an enormous amount of classified materials including details of our military tactics, names of our Iraqi and Afghan allies and spies, classified diplomatic cables revealing our diplomatic strategies etc etc. Wikileaks tried to erase some of the names etc but most of it still came out. That's not what being a "whistleblower" is about.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    2. Re:Aiding the enemy by Zemran · · Score: 0, Flamebait

      It may not be what being a whistleblower is about but it is a side effect of what being a whistleblower is about. Is he responsible for the crimes of the Bush administration? NO but he will be the token lamb at the slaughter.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    3. Re:Aiding the enemy by Anonymous Coward · · Score: 5, Informative

      He most certainly was aiding the enemy, and I don't see how going to NYT first changes that? Manning indiscriminately leaked an enormous amount of classified materials including details of our military tactics, names of our Iraqi and Afghan allies and spies, classified diplomatic cables revealing our diplomatic strategies.

      Could you please provide conclusive proof that the release of this information did in fact provide any meaningful aid to the enemy? Because even analysts who support the government's case against Manning have said there was little practical fallout from the leak.

    4. Re:Aiding the enemy by jfengel · · Score: 1

      The question is, why didn't they follow through?

      The New York Times would rather not publish classified information if they don't have to. They're aware that it potentially puts people at risk. They're willing to overcome it if they think that there's sufficient reason. That's what they did with The Pentagon Papers, where something crucial was being kept from the public that would affect how they directed the government to act (both with public opinion and with votes.)

      The New York Times doesn't rush to publish every piece of classified information it gets, just for being classified. They make a value judgment on whether the risks outweigh the public's need to know. They may even bring the government in to consult on that, though they're extremely wary about doing that because they don't want to risk their sources. (Which is actually one of the types of secrets that the government itself considers of the very highest priority in its own secret-keeping.) They've been known to sit on it until the information is no longer timely, then publish it.

      So I'll be curious as to what the NYT has to say for itself. I half expect them to say, "We looked, felt that it did little good and possibly much harm, so we passed." Or they may say "We blew an important story". But I know they're not going to say, "We screwed up because we didn't fulfill our goal of publishing all the state secrets we lay our hands on", because they don't. They consider gatekeeping part of their job, in exactly the way that Wikileaks doesn't.

      Wikileaks considers openness the #1 priority, which means that "aiding the enemy" is a real possibility. Whether this actually did or not is something a court is going to have to decide, but I won't rule it out just because the NYT passed on the story. Possibly, exactly the reverse.

    5. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      It may not be what being a whistleblower is about but it is a side effect of what being a whistleblower is about...

      It is a side effect that he is rightly being tried for in a military court.

    6. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      It may not be what being a whistleblower is about but it is a side effect of what being a whistleblower is about. Is he responsible for the crimes of the Bush administration? NO but he will be the token lamb at the slaughter.

      No, it isn't a side-effect of being a whistleblower that you release 250,000 other documents that you haven't even read and that have no relation to the thing you are pretending to be a whistleblower about.

    7. Re:Aiding the enemy by Elbereth · · Score: 0

      Why not charge him with reckless endangerment or criminal negligence, then?

      He's not a spy or a traitor, and I don't think he should be charged as such.

    8. Re:Aiding the enemy by clarkkent09 · · Score: 1, Insightful

      Uniform Code of Military Justice

      Article 104 - Aiding the enemy

      "Any person who--"

      (1) aids, or attempts to aid, the enemy....."

      No need for me to prove that the information was worth anything to the enemy. Maybe our military was able to act in a way that reduced its usefulness, maybe the enemy was so dumb they didn't know how to exploit it. Who cares! You are the one who needs to conclusively prove that he wasn't attempting to aid the enemy by releasing volumes of military secrets in time of war.

      Your argument makes as much sense as claiming that you are not guilty of theft because the diamonds that you thought were stealing ended up being worthless glass.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    9. Re:Aiding the enemy by 10101001+10101001 · · Score: 2

      Yea, we can always trust the NYT not to sit on a story for a year or more just because they consulted the government and were asked to not report it. I mean, that whole thing with the NYT and the warrantless wiretapping? Just our imaginations. Meanwhile, in the real world, NYT as gatekeeper makes it their responsibility to report things of importance to the public. That doesn't need to include reporting actually classified documents. It's often enough to see those documents or simply talk to a person intimately familiar with them and use that as a basis for a story. The documents being printed then is only important to prove the case if the government calls the reporter and their source liars. In the end, it might be wise to proactively disclose some of the reports for this reason.

      Whatever the case, things like 30 civilians bombed by the military by accident are something newsworthy. And given how much Americans are insulated by all the death of war with all the advancements in technology and technique to keep soldiers alive and "the enemy" dead, it's really important to make sure that "the enemy" is actually the enemy. I can't believe reporters at the NYT could not see that very real disconnect that needed to be reported on precisely when fighting a "war on terror" has a lot of "collateral damage", which should be its own sort of terror that should be on the soul of Americans.

      --
      Eurohacker European paranoia, gun rights, and h
    10. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      You seem quite gleeful to deny him his individual rights.

      That's not what being a "whistleblower" is about.

      Yes it is.

    11. Re:Aiding the enemy by CRCulver · · Score: 4, Informative

      Oh, and by the way, a lot of good people and their families got tortured because of that selfish little son of a bitch.

      [Citation needed]

    12. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Any country that claims to promote "freedom" while simultaneously engaging in mass destruction, killing of innocent civilians, torture, and the support of dictators has no right to declare the actions of people who really do support the principals of democracy and fundamental human rights traitors. The only entity that has betrayed the United State's stated principles is the US itself.

      What country is left that truly stands for the rights of individuals, for freedom, for limiting the power of money and inheritance? Not the US, that's for sure.

    13. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      He most certainly was aiding the enemy, and I don't see how going to NYT first changes that?

      Who are you asking?

    14. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      If you regard the US people as the enemy, you are correct.

    15. Re:Aiding the enemy by CanHasDIY · · Score: 4, Funny

      No need for me to prove....

      Spoken like a true federal prosecutor.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    16. Re:Aiding the enemy by fredprado · · Score: 5, Insightful

      Where "The Enemy" is US general population.

    17. Re:Aiding the enemy by vux984 · · Score: 5, Insightful

      You are the one who needs to conclusively prove that he wasn't attempting to aid the enemy by releasing volumes of military secrets in time of war.

      No. The burden of proof relies on you to conclusively prove that he was attempting to aid the enemy. Innocent until proven guilty... remember?

      And its absurd on its face to argue that he was "attempting to aid the enemy", based on his actions. If he was attempting to aid the enemy he would have leaked them straight to the enemy. Its bloody obvious that by attempting to leak to news agencies, and then after that failed to a whistleblower site that he was attempting to alert the public what its own government was doing. "Attempting to aid the enemy" just isn't on the table.

      Now you could try and argue that his actions incidentally aided the enemy... but then you run up against the conclusive analysis that it had no practical effect.

      So that leaves you with... he wasn't trying to aid the enemy with the leaks, and he didn't incidentally aid them either.

      So now your strategy is to make inapplicable analogies to worthless diamond thefts? Is that some sort of prosecution variation of the Chewbacca defense?

    18. Re:Aiding the enemy by geekoid · · Score: 1

      well, that the sticky part.

      Aiding what enemy? It's not like he told the Nazi about troop movements. Is impacting a diplomatic strategy informing the enemy?
      There was nothing to whistle blow about. There was nothing wrong in those documents, and the showed that the US was doing everything they said they where doing.

      IT also showed we have intelligent and well spoken diplomats.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    19. Re:Aiding the enemy by jkauzlar · · Score: 5, Insightful

      right... A lot of people here are curiously disgusted by supporters of Bradley Manning, but there wasn't a single prosecution of anyone responsible for the war crimes Manning exposed. What do these people say to that? Do they support the double-standard?

    20. Re:Aiding the enemy by infinitelink · · Score: 1

      even analysts who support the government's case against Manning have said there was little practical fallout from the leak.

      Citations needed...so we can show asshats who can do something about it that there is reason to concern themselves with how all this has been handled, and to start intervening/doing something about it: note the president, as Commander in Chief, likely has the power to, but as presidents often do, pretends otherwise.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    21. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Un-named US government officials leak information all the time. Why are they not on trial for aiding the enemy?

    22. Re:Aiding the enemy by aeranvar · · Score: 1

      Uniform Code of Military Justice

      Article 104 - Aiding the enemy

      "Any person who--"

      (1) aids, or attempts to aid, the enemy....."

      I may be wrong here, but I'm relatively certain that since the UCMJ uses the word "attempt" that the prosecution needs to establish Manning's intent in releasing the information. Was his intent to aid the enemy? I don't know. The fact that he attempted to go to the New York Times first seems to suggest that his intent was to release important information that he probably thought the military was inappropriately covering up.

      Suppose there's a soldier interested in math and cryptography stationed in a less than pleasant section of Afganistan. Suppose, when he isn't on duty, he's reading an applied cryptography text and suppose that text gets damaged somehow. Finally, suppose he decides to throw the damage text away but it is retrieved by some enemy combatant with a talent for math who uses it to learn how to encrypt his cell's communications more effectively. Was the soldier attempting to aid the enemy? No. There's clearly no intent. One might suppose the soldier was behaving negligently... but he clearly wasn't acting treasonous.

      No need for me to prove that the information was worth anything to the enemy.

      That's true. There may, however, be a need to prove that Manning believed the information to be valuable to the enemy. It's difficult intend to aid the enemy by giving them something that wouldn't help them. If Manning didn't believe the information would be beneficial to the enemy, he couldn't have been attempting to aid them. Furthermore, it doesn't follow that information important to the American public would necessarily be information valuable to the enemy.

      Suppose the army started giving soldiers some pill packed full of nutrients which could be carried in place of food. Given all the organic food freaks out there, this might be something the public would care about. It might even be a source of criticism. If the organic food freaks end up convincing congress that this pills is unhealthy, it might also hamper military operations. Would blowing the whistle on this nutrient pill be aiding the enemy? No way.

    23. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Because even analysts who support the government's case against Manning have said there was little practical fallout from the leak.

      Correct. Thousands of low-level employees (like Manning) had access to these poorly-secured 'cables'. Which means any government spying agency worth bothering with had already rooted through them. The fallout was more political/PR than "national security".

    24. Re:Aiding the enemy by alen · · Score: 0

      what war crimes? water boarding?

      this is war. when you capture the other side's soldiers you try to find out what they know. if they don't talk, you're supposed to try to make them talk.

    25. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      And which enemy is that, exactly? As far as I remember the United States has not declared war on anyone other than an abstract concept "terrorism". Who is "the enemy" there? It could be you. It could be me. It could be anyone. Hell some of "the enemy" are wearing the uniforms of US soldiers, like the Fort Hood shootings showed us. AFAIK courts have to decide on specifics, not just general terms. Otherwise the US commits murder and manslaughter every day. I know this will fall on deaf ears though, most people in the US are all for indiscriminate drone strikes. But I don't want to hear "why do they hate us so much" ever again from an American. No they're not jealous of your lifestyle. They're jealous of having your noses stuck into all their business and telling them what to do, and bombing them when they refuse.

    26. Re:Aiding the enemy by Dunbal · · Score: 4, Insightful

      But the US gets a free pass for all the healthcare workers that are getting killed in Pakistan now, since a CIA operative disguised as a health care worker is what caught Bin Laden. Yes they are shooting doctors and nurses. And you don't give a fuck.

      --
      Seven puppies were harmed during the making of this post.
    27. Re:Aiding the enemy by Dunbal · · Score: 1

      "We say it did" is all the government needs nowadays.

      --
      Seven puppies were harmed during the making of this post.
    28. Re:Aiding the enemy by Dunbal · · Score: 1

      Maybe he means Julian Assange, having to live in that embassy?

      --
      Seven puppies were harmed during the making of this post.
    29. Re:Aiding the enemy by Dunbal · · Score: 1

      You don't even know who "the enemy" is, since it's an abstract concept.

      --
      Seven puppies were harmed during the making of this post.
    30. Re:Aiding the enemy by Obfuscant · · Score: 1

      If he was attempting to aid the enemy he would have leaked them straight to the enemy.

      And it is obvious that the enemy doesn't read the New York Times or Wikileaks, so it is inconceivable that those could be the medium used to communicate.

      Aiding the enemy doesn't have to be a deliberate choice. You don't have to say "today I will aid the enemy."

      So that leaves you with... he wasn't trying to aid the enemy with the leaks, and he didn't incidentally aid them either.

      So what you are arguing is that the material he released was so meaningless that it makes no difference to anyone. His valiant bravery in releasing documents that seriously compromise US diplomatic efforts didn't actually have any effect on anything at all ...

    31. Re:Aiding the enemy by fredprado · · Score: 1

      "The enemy" here is US general population.

    32. Re:Aiding the enemy by Obfuscant · · Score: 0
      I see what you did there. You cut a quote so that instead of a statement about what action out of a list doesn't need to be proven, you turned it into a statement that nothing needs to be proven at all.

      Very good. Point, set, match. Goes very well with your admission that Bush didn't actually say something using words "in that order" but that's still proof of his meaning what you wanted him to say.

    33. Re:Aiding the enemy by Kielistic · · Score: 5, Insightful

      this is war.

      Yes, which is why they're called war crimes.

    34. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      You forgot the most important part of the argument.

      Big dog vs. little dog. Big dog wins. The end.

      The law, fairness, correctness, innocence, guilt, all of that is absolutely meaningless. This is a show trial. Anyone that thinks this trial is anything except that is delusional, gullible, naive, or some combination. The big dog wants to show the country that you don't embarrass it, or else this happens to you. That's 100% of the case. It's absolutely irrelevant what actually happened, what fallout came from it, or who was hurt. The little dog embarrased the big dog, so he's being taught a harsh lesson to deter any other little dogs from doing anything similar.

      captcha: luckless. Seems pretty fitting.

    35. Re:Aiding the enemy by jkauzlar · · Score: 5, Interesting

      We already knew about the waterboarding which our best intelligence indicates will get people to admit to anything we want them to admit (such as erroneous links between Iraq and 9/11 in one famous case). Manning did leak the video (search for 'Collateral murder Iraq video') of u.s. soldiers firing on a truck of civialians as well as people coming to help them in the aftermath, including killing two AP reporters. There were also leaked cables that confirmed thousands of accidental civilian casualties as well as standard modes of torture that were previously only hearsay or not considered widespread (involving sexual abuse, power drills and/or hanging people from the ceiling, forcing them in stress positions for long durations, etc). Additionally there was evidence of specific shady dealings with foreign gov'ts.

    36. Re:Aiding the enemy by Opportunist · · Score: 1

      I think in today's terms such effects are called "collateral damage".

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    37. Re:Aiding the enemy by Opportunist · · Score: 1

      Guess you haven't seen the chopper video?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    38. Re:Aiding the enemy by LordVader717 · · Score: 1

      You've missed the paragraph entirely, but let's look at some definitions:

      (2) Attempting to aid the enemy.

      (a) That the accused did a certain overt act;
      (b) That the act was done with the intent to aid the enemy with certain arms, ammunition, supplies, money, or other things;
      (c) That the act amounted to more than mere preparation; and
      (d) That the act apparently tended to bring about the offense of aiding the enemy with certain arms, ammunition, supplies, money, or other things.

      So for a guilty verdict you need need to prove intention.

    39. Re:Aiding the enemy by dywolf · · Score: 1

      funny. in all my years in the military i dont once recall being told that in the event of unlawful or questionable orders/conduct that i was to go tell the NYTimes rather than an inspector general or other designated recipient of such tips.

      I must have missed the memo designating the NYtimes as an offical step, let alone an official US Agency, in the process of notifying superiors via the chain of command of such things.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    40. Re:Aiding the enemy by CanHasDIY · · Score: 1

      I see what you did there. You cut a quote so that instead of a statement about what action out of a list doesn't need to be proven, you turned it into a statement that nothing needs to be proven at all.

      Very good. Point, set, match. Goes very well with your admission that Bush didn't actually say something using words "in that order" but that's still proof of his meaning what you wanted him to say.

      ?

      You're reading entirely too much into this, dude.

      I merely saw an opportunity to rip on federal prosecutors, and I took it.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    41. Re:Aiding the enemy by Conspiracy_Of_Doves · · Score: 2

      I think it depends on who you consider the "enemy" to be.

      I think it's apparent through the actions of the government over the past several years that they consider the American people to be the enemy.

    42. Re:Aiding the enemy by dywolf · · Score: 1

      also: you apparently arent even familiar with the basic facts of the case. Wikileaks, Assange particualrly, played him exactly the way handlers play their assets. Its classic, textbook example. he wasnt some whistleblower out to save the day being ignored at every turn.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    43. Re:Aiding the enemy by schneidafunk · · Score: 1

      He went out of his way to leak the documents. It is certainly not negligence: "The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner."

      Reckless endangerment is closer to the mark, but is civilian law and applies to one person and not the government: "Reckless endangerment is a crime consisting of acts that create a substantial risk of serious physical injury to another person. The accused person isn't required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions."

      --
      Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    44. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Have you?

    45. Re:Aiding the enemy by DrJimbo · · Score: 1

      He most certainly was aiding the enemy, [...]

      If you are talking about the current president (or the previous president) and the endless extra-judicial drone wars and the endless extra-judicial war crimes and the endless extra-judicial incarcerations then I completely agree with you. These actions always create more enemies than they destroy. Without these actions and without the US support of hated dictators around the world, there would be no need for the fictitious war on terror.

      OTOH, Bradley Manning was trying to let the American people know about some of these atrocities committed in their name and with their tax dollars. Without disclosures like this, all the bad stuff done by the US government stays secret and will never be stopped. Is that really the path you want to take?

      If you have already given up on the Constitution and the rule of law, then sure, Manning needs to be punished in order to maintain the power of the lawless US government in order to "keep us safe". For people who still think Democracy can only live and thrive under the rule of law then Manning acted as a selfless patriot. He put himself in a position of great physical and psychological danger in order to try to protect Democracy in the USA.

      The atrocities and abuses he exposed are extremely damaging to the US. The acts themselves are far more damaging than the exposure of the acts to the American people. The people who are on the receiving end of the attrocites, (and/or their loved ones) already know about them. That's why they keep fighting back. If the types of behavior Manning exposed are not curtailed then the so-called war on terror will never end. Even as a society, you are only as sick as your secrets.

      --
      We don't see the world as it is, we see it as we are.
      -- Anais Nin
    46. Re:Aiding the enemy by elucido · · Score: 1

      If he was attempting to aid the enemy he would have leaked them straight to the enemy.

      And it is obvious that the enemy doesn't read the New York Times or Wikileaks, so it is inconceivable that those could be the medium used to communicate.

      Aiding the enemy doesn't have to be a deliberate choice. You don't have to say "today I will aid the enemy."

      So that leaves you with... he wasn't trying to aid the enemy with the leaks, and he didn't incidentally aid them either.

      So what you are arguing is that the material he released was so meaningless that it makes no difference to anyone. His valiant bravery in releasing documents that seriously compromise US diplomatic efforts didn't actually have any effect on anything at all ...

      So if you aid the enemy by accident because you got tricked, that still counts? In that case many many soldiers have aided the enemy because the enemy blackmailed them into providing information.

    47. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Considering it was posted on the internet, where everyone on the planet can find a way to get it if they'd like, that's really not going to help Manning out very much.

    48. Re:Aiding the enemy by hypergreatthing · · Score: 4, Interesting

      Wait, who is the enemy here?
      Last time i checked, the only possible fit for the enemy in this whole scenario is the public. It embarrasses many officials who were doing things or saying things they shouldn't have been. I don't see any standard description of an enemy that could have benefited from any of the leaks. The only thing that makes sense is public opinion and backlash again shady dealings.

    49. Re:Aiding the enemy by SillyHamster · · Score: 1

      No. The burden of proof relies on you to conclusively prove that he was attempting to aid the enemy. Innocent until proven guilty... remember?

      He knowingly released a large stash of documents that he did not have authorization to release, and for which he had no justification for releasing. (e.g. Whistleblowing)

      He was entrusted with the access he had on the condition that he keep it confidential. He deliberately and knowingly violated that commitment, and that's all we need to find him guilty of to lock him up. He voluntarily entered that commitment, which is why he had any access; violating that commitment is why he's in the trouble he is in.

      If he was attempting to aid the enemy he would have leaked them straight to the enemy.

      Leaking them to wikileaks or the news *is* leaking them to the enemy. It's not as exclusive (everybody now knows the information is out there), but it has the exact same effect.

      Now you could try and argue that his actions incidentally aided the enemy... but then you run up against the conclusive analysis that it had no practical effect.

      That you know of. Would you like to set the bar even lower?

    50. Re:Aiding the enemy by Obfuscant · · Score: 0

      I merely saw an opportunity to rip on federal prosecutors, and I took it.

      You took an opportunity to change the meaning of what someone else had said, when you had no significant rebuttal to his comment, pretend he had said something he did not, and then use it for your personal agenda. Yes, I see what you did there.

    51. Re:Aiding the enemy by vux984 · · Score: 4, Interesting

      Aiding the enemy doesn't have to be a deliberate choice. You don't have to say "today I will aid the enemy."

      You do to be convicted of "attempting to aid the enemy". To attempt something requires intent.

      If you just want to convict him of "aiding the enemy" instead of "attempting to aid the enemy" THEN you can maybe forego intent, but then you would at least have to prove that he did in fact aid them. So far the analysis hasn't shown there to have been any material aid rendered.

      Embarrassing the government, and making a bunch of diplomats look like the complete asshats they are, and exposing dubious behavior to the world is not "aiding the enemy".

      So what you are arguing is that the material he released was so meaningless that it makes no difference to anyone. His valiant bravery in releasing documents that seriously compromise US diplomatic efforts didn't actually have any effect on anything at all ...

      No. I'm arguing that it didn't aid the enemy. Aiding the enemy should be a very significant and overt bar.

      Should we charge anyone trying to get rid of rapiscan airport scanners for aiding the enemy? What about people who argue against having to take their shoes off and be subjected to full body searches every time they fly, or people who object to no fly lists, and warrantless searches within 100 miles of the coast? In theory these measures make it harder for terrorists to hurt us, so anyone seeking to get rid of these measures is aiding the enemy? The majority of slashdot are traitors?

      Aiding the enemy needs to be a LOT more overt than that.

    52. Re:Aiding the enemy by SCHecklerX · · Score: 1

      That's not the way opsec works. The point is, you don't know what harm any piece of information could cause, so you don't disclose it. ESPECIALLY if it's CLASSIFIED.

    53. Re:Aiding the enemy by PhxBlue · · Score: 1

      OK. So, who's the "enemy"? Is it Julian Assange? Al-Qaida? The American public?

      --
      !#@%*)anks for hanging up the phone, dear.
    54. Re:Aiding the enemy by vux984 · · Score: 1

      He knowingly released a large stash of documents that he did not have authorization to release

      And he's already pleaded guilty to that, and will be sentenced for that. So that should be enough. Why invent more serious things to convict him with if this is all he really did.

      Why even have this as a separate crime from outright treason if you are going to infer treason the moment anything slightly classified is ever leaked?

      He voluntarily entered that commitment, which is why he had any access; violating that commitment is why he's in the trouble he is in.

      And he's pleaded guilty to violating that commitment. Howwever he is in trouble for considerably more than just this.

      Leaking them to wikileaks or the news *is* leaking them to the enemy. It's not as exclusive (everybody now knows the information is out there), but it has the exact same effect.

      But that was not his intention. Intent matters here.

      That you know of. Would you like to set the bar even lower?

      Yes, I absolutely want conclusive evidence that the enemy was overtly and substantially directly aided by his actions.

      Do you want to live in a world where something you do unintentially that enables a terrorist to maybe derive some sort of vague advancement of his cause will lead you to being convicted of treason?

      Because that time you left the back yard gate open... well a terrorist could have used that opportunity to evade capture. I'm charging you with treason. What? There was no terrorist skulking about beyond your house? Well... none that you know of... but there could have been!

    55. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      I think you misunderstand the government's position. The enemy that he was aiding was the United States civilians. Can't let them get too uppity with their 'facts' and all.

    56. Re:Aiding the enemy by CanHasDIY · · Score: 3, Interesting

      Oh, grow a sense of humor, Philistine.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    57. Re:Aiding the enemy by SillyHamster · · Score: 1

      But that was not his intention. Intent matters here.

      Actions are declarations of intentions. If he did not mean to aid the enemy, perhaps he should have thought more carefully about leaking anything.

      "I didn't intend to drunkenly T-bone that other car and kill that family" is not a valid legal or moral defense. I agreed to drive safely and to be liable for my actions when I got my driver's license and when I turned on my vehicle.

      Do you want to live in a world where something you do unintentially that enables a terrorist to maybe derive some sort of vague advancement of his cause will lead you to being convicted of treason?

      I can conceive of no rational universe in which I "unintentionally" take confidential documents and upload them to a stranger on the Internet. That he plead guilty already invalidates this line of defense - he chose to do what he did - it *was* intentional.

      At best, Manning was being really really stupid. Dropping the book on him helps other really really stupid soldiers avoid making his mistake.

    58. Re:Aiding the enemy by Common+Joe · · Score: 1

      Leaking them to wikileaks or the news *is* leaking them to the enemy.

      Is wikileaks now an enemy of the United States? Is the news media an enemy of the United States?

      If the answer is yes, why haven't we invaded them and taken them over?

    59. Re:Aiding the enemy by Obfuscant · · Score: 1

      Do you want to live in a world where something you do unintentially that enables a terrorist to maybe derive some sort of vague advancement of his cause will lead you to being convicted of treason?

      So leaking all those classified documents was unintentional?

    60. Re:Aiding the enemy by SillyHamster · · Score: 1

      Is wikileaks now an enemy of the United States? Is the news media an enemy of the United States?

      If the answer is yes, why haven't we invaded them and taken them over?

      Have you heard of this thing called the Internets? You put information on it, and *anyone* can access it!

      You should also learn that not all enemies need to be attacked/destroyed; some are simply rivals or opposing interests that we have no interest in helping.

    61. Re:Aiding the enemy by Rich0 · · Score: 1

      Well, whether terrorists are "soldiers" is up for debate, but when you do capture the other side's soldiers you are supposed to follow the Geneva conventions. The US signed them, after all, in part because it was the right thing to do, and in part because we'd like our own soldiers to be treated accordingly.

      You can ask them for their name, rank, and serial number. After that whether they want to talk is up to them.

    62. Re:Aiding the enemy by Rich0 · · Score: 1

      If aiding the enemy didn't require intent then you could convict any soldier who fires a shot and misses, or who gets sick and is unable to man their post. Both of these things aid the enemy.

      Mens rea - more people need to look it up.

      Who would you rather have marry your daughter - somebody who plotted and tried to carry out a murder but was thwarted and the intended victim lived, or somebody who fell asleep at the wheel and ran somebody over? The first had bad intent but no bad consequences, and the latter had bad consequences and no bad intent. The former is clearly a MUCH greater danger to society.

      Intent is everything - and half the problem with our legal system is that if anything it isn't weighted enough.

    63. Re:Aiding the enemy by vux984 · · Score: 1

      "I didn't intend to drunkenly T-bone that other car and kill that family" is not a valid legal or moral defense. I agreed to drive safely and to be liable for my actions when I got my driver's license and when I turned on my vehicle.

      Why did you include "drunkenly"?
      Why wasn't it enough that he hit another car and caused loss of life?
      Didn't he agree to drive safely and be liable for his actions when he got his driver's license and when he turned on his vehicle? So when he hits someone while sober, what's the difference? Why did you feel he had to not only kill someone, but that he had to be drunk too to make your case?

      I'll tell you why: because choosing to drive drunk has been legally established to effectively add a layer of intent, where there otherwise wasn't one.

      I can conceive of no rational universe in which I "unintentionally" take confidential documents and upload them to a stranger on the Internet.

      So what?

      That just establishes intent to make the documents public.

      Making classified documents public does not equate to an intention to aid the enemy. And in this case it was, if anything, the opposite, it was an intent to bring to light what he perceived to immoral and illegal activities by our own government. Moreover the documents primarily embarrassed the government, and the enemy derived no real aid from it.

      To restate your flawed car analogy, I might say, "The ambulance driver intended to bring the shooting victim to the hospital, and in his haste he exceeded the speed limit where he felt it was safe but nonetheless potentially increased the risk to other drivers and pedestrians; any accident that could have resulted was clearly not intended, and as it turned out, nobody got hurt anyway."

      Lets throw the book at the wanton criminal ambulance driver. Right?

    64. Re:Aiding the enemy by jafac · · Score: 1

      yeah - pretty much ALL of this information was already out.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    65. Re:Aiding the enemy by jafac · · Score: 1

      I agree that he should face charges for violating his SF-312 (and others). But his intent was pretty clearly not to aid Al Qaida, and was to try to force his comrades to prosecute this war in an honorable and legal fashion. His conscience bothered him that he was a part of the same team that was indiscriminately killing civilians, torturing prisoners, and doing dirty deals with dictators throughout the world. How he dealt with that conscience wasn't very healthy or smart. But it wasn't the same - pretty clearly not - as taking up arms against our nation. I don't think it's wrong to insist that we hold to our honor and adhere to some standards of common decency - even in war. To say that we're at war and "anything goes" is the true coward's way.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    66. Re:Aiding the enemy by LDAPMAN · · Score: 1

      The Geneva convention only applies to the self identified, uniformed, soldiers of States that are party to the convention. It has nothing to do with someone who does not wear a uniform or carry an ID card.

    67. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      You took an opportunity to change the meaning of what someone else had said, when you had no significant rebuttal to his comment, pretend he had said something he did not, and then use it for your personal agenda. Yes, I see what you did there.

      But if you actually think about what the original joke was trying to say, it only pertains to the burden of proof part of the comment.

      As we can see from YOUR comment, your posts have even LESS relevance, as you are not only NOT making any significant rebuttal to his comment (that he was just making a joke) and you're using it for your own personal agenda (to attack the poster).

    68. Re:Aiding the enemy by jkauzlar · · Score: 0

      So if that's the case, which I don't believe it is, then remind me again why the U.S. is prosecuting Manning and not those responsible for the war crimes?

    69. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      No need for me to prove that the information was worth anything to the enemy

      I must have been seeing different revolutions than you did in Tunesia, Egypt, Bahrain, Libya, Syria, et al. – to be clear, what Manning set off did more in a single year to topple anti-US regimes than the CIA has done in ... ever.

    70. Re:Aiding the enemy by Obfuscant · · Score: 1

      Why did you include "drunkenly"? Why wasn't it enough that he hit another car and caused loss of life?

      Because when it is done in a drunken condition it is the result of an illegal and knowingly reckless act. It was a death caused by a deliberate action taken in violation of the law.

      So when he hits someone while sober, what's the difference?

      Because it is possible to hit someone while sober and not be acting in a reckless manner. For example, if you are proceeding through a green traffic signal and someone runs the red light at a high rate of speed, you could t-bone them and a death could result.

      That just establishes intent to make the documents public.

      That was the criminal act. Just as DUII was the criminal act that makes the death of the accident victim manslaughter at the very least.

      Lets throw the book at the wanton criminal ambulance driver. Right?

      Did he break the law, or are you just pretending he did to make some point? If he did exceed the posted speed in a reckless manner, it would be correct to say he did this deliberately. That reckless operation would, indeed, be used in court to determine guilt and sentencing for any injuries, and that reckless act would, in most cases, invalidate his immunity from prosecution.

      The difference between your analogy and real life is that going faster than the speed limit is a known and authorized action for the ambulance driver when dealing with emergency transport and his training covers his actions; releasing classified documents was not in Manning's job description nor was he authorized or trained to do so.

      Making classified documents public does not equate to an intention to aid the enemy. And in this case it was, if anything, the opposite, it was an intent to bring to light what he perceived to immoral and illegal activities by our own government.

      Do you really not understand that attacking your own government is just one means of aiding the enemies of that government? This is the same kind of epic fail that supporters of Jane Fonda demonstrate. That people who break the law and travel to Cuba to support that government can't fathom.

    71. Re:Aiding the enemy by vux984 · · Score: 1

      Leaking the documents to inform the public was intentional.

      "Aiding the enemy" by leaking the documents, was at worst an unintended consequence. (And something which may not even have occurred.)

      You are being pretty thick if you can't see the distinction.

    72. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      If it was up to me I'd have simply eradicated all life in that area with a massive thermonuclear saturation strike. Several hundred megatons of "FUCK YOU OSAMA AND ISI" right on top of their ass.

    73. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      [Citation needed]

      Actually, I'm genuinely interested, and a bit of Googling didn't come back with anything afaics. There's a big issue with immunization, but that's something else. Do you have a link please?

    74. Re:Aiding the enemy by SpeedBump0619 · · Score: 0

      So if that's the case, which I don't believe it is, then remind me again why the U.S. is prosecuting Manning and not those responsible for the war crimes?

      Because Manning did what was right and those others did what they were told.

    75. Re:Aiding the enemy by SillyHamster · · Score: 1

      Why did you include "drunkenly"? Why wasn't it enough that he hit another car and caused loss of life?

      Cognitive impairment implies a lack of "intentional harm" - yet if anything, we judge just as harshly on that lack of intent. We do that because we want to avoid unnecessary harm, and drunkenness is entirely voluntary.

      It's why we punish DUIs who don't harm anyone, because it's about the potential for harm.

      I can conceive of no rational universe in which I "unintentionally" take confidential documents and upload them to a stranger on the Internet.

      So what?

      That just establishes intent to make the documents public.

      Making the documents public is giving that information to the enemy. "public" includes "enemy" - unless you live in a universe where enemies are incapable of gathering public information. Congratulations on making my point.

      To restate your flawed car analogy, I might say, "The ambulance driver intended to bring the shooting victim to the hospital, and in his haste he exceeded the speed limit where he felt it was safe but nonetheless potentially increased the risk to other drivers and pedestrians; any accident that could have resulted was clearly not intended, and as it turned out, nobody got hurt anyway."

      Bad analogy, because the ambulance driver's job is to deliver the patient to the hospital quickly and safely, and the law does give them latitude on breaking speed limits to save a life. Your example driver is doing exactly what he's supposed to - delivering the patient.

      Manning's job was to safeguard the documents he had access to - but he chose instead to leak the documents to strangers on his personal judgement.

      It'd be more like an ambulance driver *not* picking up the patient, because, "hey, I think the patient looks fine". What qualifies that driver to make that medical judgement? What happens if he judges wrong? (people die)

      Recently, we've seen attacks on US embassies rationalized because of some independent filmmaker who lives in the US releasing an obscure internet video. If that's enough pretext for violence, then what of out-of-context documents from the US gov't itself? It's not just about the actual harm you can measure, it's about the potential for harm that could have resulted from the action.

    76. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Yeah, right. You're a big potential mass murderer. Sure. Don't worry. We all believe you, tough guy that you are, cowering in your mother's basement.

    77. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Do you have a crush on CanHasDIY or something? You're all over his posts like flies on shit.

    78. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Leaking them to wikileaks or the news *is* leaking them to the enemy.

      Is wikileaks now an enemy of the United States? Is the news media an enemy of the United States?

      If the answer is yes, why haven't we invaded them and taken them over?

      We're attacking with laser-guided cluster-sluts.

    79. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      IT also showed we have intelligent and well spoken diplomats.

      And a lot of demanding and uncaring businessmen sitting next to them.

    80. Re:Aiding the enemy by vux984 · · Score: 1

      The difference between your analogy and real life is that going faster than the speed limit is a known and authorized action for the ambulance driver when dealing with emergency transport and his training covers his actions; releasing classified documents was not in Manning's job description nor was he authorized or trained to do so.

      Except that you are wrong and there is no difference at all. "Whistleblowing" is a well known and recognized course of action when dealing with government secrets you have been entrusted but those secrets contain information showing the government is itself engaging in illegal and immoral activities. You may recall the Pentagon Papers, or perhaps Watergate?

      Do you really not understand that attacking your own government is just one means of aiding the enemies of that government?

      Wow. Just wow. The government is 'by the people for the people'. A government conducting illegal and immoral activities and keeping them secret is neither, not merely secret from the public but secret even from the elected representatives who are allegedly responsible for representing us. How the can the government represent the people when the government is keeping secrets even from the elected representatives?!

      Exposing those secrets is not "attacking your own government" it is, quite bluntly, a patriotic attempt to try and fix it.

    81. Re:Aiding the enemy by vux984 · · Score: 1

      Making the documents public is giving that information to the enemy. "public" includes "enemy" - unless you live in a universe where enemies are incapable of gathering public information. Congratulations on making my point.

      Public also includes public, the people ultimately responsible for what the government does. Governement by the people for the people and all that. The needs of the public to know what illegal activity the government is keeping secret transcends any vague potential some poorly defined "enemy" might gather from the information.

      Manning's job was to safeguard the documents he had access to - but he chose instead to leak the documents to strangers on his personal judgement.

      Manning's duty as a citizen and a patriot is to report the crimes perpetrated by the government to the public. That this conflicts with his job description is a distant secondary consideration.

      Recently, we've seen attacks on US embassies rationalized because of some independent filmmaker who lives in the US releasing an obscure internet video. If that's enough pretext for violence, then what of out-of-context documents from the US gov't itself?

      What of it? You just said they don't need out of context documents from the govt itself to come up with a pretext.

    82. Re:Aiding the enemy by elucido · · Score: 1

      Wait, who is the enemy here?
      Last time i checked, the only possible fit for the enemy in this whole scenario is the public. It embarrasses many officials who were doing things or saying things they shouldn't have been. I don't see any standard description of an enemy that could have benefited from any of the leaks. The only thing that makes sense is public opinion and backlash again shady dealings.

      The enemy is any government which isn't the US government or her allies.

    83. Re:Aiding the enemy by bill_mcgonigle · · Score: 1

      [Citation needed]

      Hey, he knows things the State Department doesn't even know. I'm sure he can't tell us.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    84. Re:Aiding the enemy by bill_mcgonigle · · Score: 2

      Aiding the enemy doesn't have to be a deliberate choice. You don't have to say "today I will aid the enemy."

      By that standard, George W. Bush should be locked up for life - he may not have intended to launch the most effective recruiting campaign for Al Qu'aeda ever thought possible, but he surely did anyway.

      Blowback is a bitch.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    85. Re:Aiding the enemy by SillyHamster · · Score: 1

      Public also includes public, the people ultimately responsible for what the government does. Governement by the people for the people and all that. The needs of the public to know what illegal activity the government is keeping secret transcends any vague potential some poorly defined "enemy" might gather from the information.

      Above Manning's paygrade, especially since he was not the author or ultimate stakeholder on any of those documents. No one has elected Manning to be an arbiter of US secrets.

      Now, if his release *had* served the public interest, you'd expect public support for a presidential pardon; we'd say he is guilty of a crime but for a good cause. But the fact that we're debating this at all shows that the leak is harder to judge if it's not outright unjustified.

      Manning's duty as a citizen and a patriot is to report the crimes perpetrated by the government to the public. That this conflicts with his job description is a distant secondary consideration.

      Was every document released by Manning about some gov't evil that the public needed to know and correct? If not, why were those documents released? What case is Manning trying to make with the set of documents he released?

      From my perspective, I saw indiscriminate leaking of documents with a goal of self-aggrandizement.

      What of it? You just said they don't need out of context documents from the govt itself to come up with a pretext.

      Aid and comfort to the enemy. Official US documents have propaganda value. The "Collateral Murder" framing of the helicopter in combat is a prime example. "Innocent and unarmed people died! War crimes!"

    86. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      He most certainly was aiding the enemy, and I don't see how going to NYT first changes that? Manning indiscriminately leaked an enormous amount of classified materials including details of our military tactics, names of our Iraqi and Afghan allies and spies, classified diplomatic cables revealing our diplomatic strategies.

      Could you please provide conclusive proof that the release of this information did in fact provide any meaningful aid to the enemy? Because even analysts who support the government's case against Manning have said there was little practical fallout from the leak.

      Sorry but if that is not aiding the enemy, then everyone ever prosecuted for espionage ought to be welcomed back wholesale and forgiven. "Little practical fallout" does not absolve you of aiding the enemy.

    87. Re:Aiding the enemy by nsaspook · · Score: 1

      Even if his aim wasn't to aid the enemy the effect was the same because they learned valuable intelligence on our operations. I don't think he should get 365 years in prison like Jerry A. Whitworth did but when you can get life just for pimping out girls he should get out as an old man.
      https://bulk.resource.org/courts.gov/c/F2/856/856.F2d.1268.86-1256.html
      http://www.koinlocal6.com/mostpopular/story/Portland-pimp-remains-defiant-sentenced-to-life/bDDaEtsAMEWQ824ZK-5R2g.cspx

      --
      In GOD we trust, all others we monitor.
    88. Re:Aiding the enemy by Common+Joe · · Score: 1

      I apologize. My reading comprehension needs work. Your second sentence is required to fully understand your first sentence.

      Leaking them to wikileaks or the news *is* leaking them to the enemy. It's not as exclusive (everybody now knows the information is out there), but it has the exact same effect.

      I became fixated on your first sentence and did not argue against the idea as a whole. My bad. I wish to thank you for (indirectly) calling me out on it.

      I don't believe in that everyone should be attacked / destroyed. Quite the contrary. That's something I'd like to one day convince some of my relatives about... hence the reason why I sometimes practice my debating skills on Slashdot. As I said earlier, I'm a work in progress.

    89. Re:Aiding the enemy by vux984 · · Score: 1

      Above Manning's paygrade

      That's a cop-out answer up there with "I was just following orders." Neither holds any water. He has a duty and responsibility to think for himself.

      Now, if his release *had* served the public interest, you'd expect public support for a presidential pardon; we'd say he is guilty of a crime but for a good cause.

      Agreed100%. I think Manning blew it. But when judging him we need to look at his motivations, and they were good, even if misguided. Therefore he should be fired, charged with leaking classified documents, and sentenced modestly. He is not a traitor nor an enemy of America.

      But the fact that we're debating this at all shows that the leak is harder to judge if it's not outright unjustified.

      That is the dilemma every potential whistleblower faces -- if he's wrong; if the public doesn't rally behind him; then he's a traitor who should rot in a secret prison for the rest of his life?! That's not right.

      This is precisely why there is debate about creating law to protect whistleblowers -- because we as a society don't want government crime reporting suppressed because the people who could report it are too afraid of the consequences. Good intentions should not be so harshly punished, even if society ultimately decides they were misguided.

      From my perspective, I saw indiscriminate leaking of documents with a goal of self-aggrandizement.

      That's why he did it anonymously?

      Aid and comfort to the enemy. Official US documents have propaganda value. The "Collateral Murder" framing of the helicopter in combat is a prime example. "Innocent and unarmed people died! War crimes!"

      Go ahead and count how many innocent people we've killed around the world since 9/11. We've isolated ourselves from even having to think about it, its disgusting. 10s of thousands. We should be subjected to having to watch them all die. Maybe then we'd figure out it was wrong.

    90. Re:Aiding the enemy by jkauzlar · · Score: 1

      Iraq was in a civil war, so lots of people were heavily armed to protect their own families and territories. It was not clear at all they intended to do harm to americans. In part of the video, the survivors are lying on the ground in a gesture of surrender. They were shot anyway. And now that we know (a lot of us were pretty sure even before the invasion) that even if they were intending to kill americans, it was only because they were trying to protect themselves against unjust invaders (the U.S). It's sickening. Hundreds of thousands died simply because they were born in a country that had oil in the ground.

    91. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      I'm also curious to the following:
      He was probably not alone to view and see these crimes and atrocities. Did anyone else who saw it do anything at all to stop it? Some people here say he should've gone to the AG etc.... did anyone do that?
      If yes, then it would be very interesting to see what came of it. If nothing changed, and he was aware that nothing changed because of it, leaking to the press is the only moral choice left. If someone else did report this through proper channels, and it did have a impact, he's toast.
      If no, then it could be plausible that he was alone out there and the only one interested in seeing these crimes stopped. In that case, working within the power structure could be dangerous for himself and dangerous that none of it will come to light. Going to the AG or using proper channels would've still been the better option here though. (With a possible memo to U.S. press agencies telling them that you saw bad things and will be using proper channels to get them fixed, just for self-preservation).

    92. Re:Aiding the enemy by Dunbal · · Score: 2

      Then learn to goole maybe?

      --
      Seven puppies were harmed during the making of this post.
    93. Re:Aiding the enemy by dave420 · · Score: 1

      So you have to demonstrate his motive was to aid the enemy. You can't have it both ways.

    94. Re:Aiding the enemy by Legion303 · · Score: 1

      "You are the one who needs to conclusively prove that he wasn't attempting to aid the enemy by releasing volumes of military secrets in time of war."

      Is that how criminal trials work in the US these days? I guess I've lost touch.

    95. Re:Aiding the enemy by Legion303 · · Score: 1

      "I didn't intend to drunkenly T-bone that other car and kill that family" is not a valid legal or moral defense.

      Uh, yes it is. It's the reason we have different legal definitions of e.g. murder and manslaughter.

      "I didn't intend to [...] kill that family" is a perfectly valid legal defense against a charge of first-degree murder.

    96. Re:Aiding the enemy by ryzvonusef · · Score: 1

      Even worse, they posed as fucking vaccination teams!

      Do you know how hard it is to get into those illiterate anarchist skulls that reside in our tribal areas that polio vaccines are for their good? Think of your worst gun-toting, red-neck, vaccine fearing, stereotype, and multiply it by ten.

      But NO! they *had* to go as a god damn Vaccination team! They had *so* many options (peddlers, beggars, candy men, etc)

      If that Polio virus mutates and grows resistant to vaccines, don't blame us.

      --
      I am an ACCA student. Got a query on Accountancy/Finance? Maybe I can help!
    97. Re:Aiding the enemy by Anonymous Coward · · Score: 0

      Breaking news: the US govt has a sex and it's a female! One can only thing of one word: cunt!

    98. Re:Aiding the enemy by SillyHamster · · Score: 1

      Uh, yes it is. It's the reason we have different legal definitions of e.g. murder and manslaughter.

      "I didn't intend to [...] kill that family" is a perfectly valid legal defense against a charge of first-degree murder.

      It's not a defense against being responsible for causing harm. (we still charge a non-intentional killing with manslaughter)

      it's not even a defense against *not* causing harm. "Hey, you caught me DUI, but I didn't intend to hurt anyone *and* no one got hurt!"

      It's beside the point - DUI *is* the crime. Any other harm is just additional charges.

    99. Re:Aiding the enemy by SillyHamster · · Score: 1

      That's a cop-out answer up there with "I was just following orders." Neither holds any water. He has a duty and responsibility to think for himself.

      Do you think the laws regarding disclosure of confidential documents are friendly advice?

      It was Manning's DUTY to take responsibility for his ACTIONS. Such as actually doing the right thing. If he wanted to be a whistleblower, he didn't do it right, which is why a good portion of people just want him to get what he's earned.

      Agreed100%. I think Manning blew it. But when judging him we need to look at his motivations, and they were good, even if misguided. Therefore he should be fired, charged with leaking classified documents, and sentenced modestly. He is not a traitor nor an enemy of America.

      Misguided good motivations are just as capable of killing people as evil intentions.

      The action was traitorous and was damaging to the US. That makes him a traitor and an enemy. We can't afford to have an army full of Mannings who use bad judgement to recklessly release documents. I guess we've survived Manning, but I'm not interested in finding out how many Mannings we can afford. How many inncoent deaths will you tolerate due to whistleblowers with bad judgement?

      That's why he did it anonymously?

      "I'm important. I've decided that I have the authority and judgement to violate US law and breach my commitments by leaking this information to an online website who will do who-knows-what with it"

      Go ahead and count how many innocent people we've killed around the world since 9/11. We've isolated ourselves from even having to think about it, its disgusting. 10s of thousands. We should be subjected to having to watch them all die. Maybe then we'd figure out it was wrong.

      How many innocent people die if the US simply goes back to isolationism? What price do you put on national prestige? After all, there were tons of laws and threats made against Hussein's Iraq - are empty threats a superior means of foreign diplomacy? Bad leaders make their people suffer; it's dishonest to put 100% blame on the US for every innocent killed in the course of military operations since 9/11.

    100. Re:Aiding the enemy by vux984 · · Score: 1

      Do you think the laws regarding disclosure of confidential documents are friendly advice?

      Do you think the US government is entitled to break the law? Are the laws dictating their behaviour just friendly advice?

      Misguided good motivations are just as capable of killing people as evil intentions.

      No question there. But we don't punish good intentions to the same extent as malicious reasons for very good reasons. Intent matters.

      I guess we've survived Manning, but I'm not interested in finding out how many Mannings we can afford. How many inncoent deaths will you tolerate due to whistleblowers with bad judgement?

      As opposed to the innocent deaths I'm supposed to tolerate due to potential whistleblowers who lacked the confidence to come forward?

      The action was traitorous and was damaging to the US. That makes him a traitor and an enemy.

      So David Petraeus should be strung up as well right? He was reckless, stupid, and violated multiple oaths. We can't afford generals who allow themselves to be compromised like that either, but he just lost his job, and that's fine. And that's all Manning deserves too.

      After all, there were tons of laws and threats made against Hussein's Iraq - are empty threats a superior means of foreign diplomacy? Bad leaders make their people suffer; it's dishonest to put 100% blame on the US for every innocent killed in the course of military operations since 9/11.

      And our only concern there was oil. Not people. Not diplomacy. Not democracy. Not liberty. Not prestige. Just oil and the politics of oil. There are plenty of shit-holes in the world, some of them far worse than Iraq ever was.

      Is the US 100% to blame for every death in Iraq? Of course nothing is ever so simplistic, but American involvement in the middle east has never been about anything other than resources. And that meddling, propping up dictators, playing favorites, playing kingmaker, and playing arms dealer to all sides in the meantime. That's going to have consequences.

    101. Re:Aiding the enemy by SillyHamster · · Score: 1

      Do you think the US government is entitled to break the law? Are the laws dictating their behaviour just friendly advice?

      They are not entitled to break the law.

      Would you like to point out what Manning has disclosed that indicates illegal actions by the US?

      No question there. But we don't punish good intentions to the same extent as malicious reasons for very good reasons. Intent matters.

      Good intentions cannot transform traitorous results into non-traitorous results.

      As opposed to the innocent deaths I'm supposed to tolerate due to potential whistleblowers who lacked the confidence to come forward?

      A good point to bring up; both are potentials that are hard to measure.

      So David Petraeus should be strung up as well right? He was reckless, stupid, and violated multiple oaths. We can't afford generals who allow themselves to be compromised like that either, but he just lost his job, and that's fine. And that's all Manning deserves too.

      I'm unaware of him being involved with any espionage, but if his affair resulted in loss of classified data, that's textbook "aiding enemies of the US".

      And yes, in that case he'd deserve to get the book thrown at him because he's a freakin' general with access to highly classified information, and whose actions affect thousands of soldiers.

      And our only concern there was oil. Not people. Not diplomacy. Not democracy. Not liberty. Not prestige. Just oil and the politics of oil. There are plenty of shit-holes in the world, some of them far worse than Iraq ever was.

      Read the authorization of force against Iraq. Those officially stated reasons are relevant and valid. To say that democracy and other things are not a factor, you're going to have to explain why Iraq now enjoys one (if they can keep it).

      There is no way you can honestly discount national prestige from foreign diplomacy and war. The US is still under the spectre of Vietnam; that we can't fight long wars; that we can't win guerilla wars; that we abandon our allies and commitments at the drop of a hat. Unfortunately, it looks like that last item is already being replayed in current events.

      On a more positive note, we'll soon get to see a world with diminished US influence - hope you like how that turns out. I don't expect to.

    102. Re:Aiding the enemy by Rich0 · · Score: 1

      The Geneva convention only applies to the self identified, uniformed, soldiers of States that are party to the convention. It has nothing to do with someone who does not wear a uniform or carry an ID card.

      Hence the reason I started my post with "Well, whether terrorists are 'soldiers' is up for debate."

      The parent said, "when you capture the other side's soldiers you try to find out what they know. if they don't talk, you're supposed to try to make them talk." He specifically used the word soldiers, and I pointed out that this is not, in fact, how you treat captured soldiers.

    103. Re:Aiding the enemy by vux984 · · Score: 1

      Would you like to point out what Manning has disclosed that indicates illegal actions by the US?

      The Guantanamo bay inmate assessment files show the imprisonment of detainees for years without trials. Inmates that even the US internal assessments classified as innocent, or very low level. 5 to 10 years in prison without trial for individuals that aren't even really suspected of being guilty?

      Do you accept that as moral, legal, and on top of that something that the public shouldn't even be aware of?

      And yes, in that case he'd deserve to get the book thrown at him because he's a freakin' general with access to highly classified information, and whose actions affect thousands of soldiers.

      http://www.telegraph.co.uk/news/worldnews/northamerica/usa/9673124/David-Petraeus-Paula-Broadwell-had-classified-documents-on-computer.html

      And yes, in that case he'd deserve to get the book thrown at him because he's a freakin' general with access to highly classified information, and whose actions affect thousands of soldiers.

      And yet here we are.

    104. Re:Aiding the enemy by SillyHamster · · Score: 1

      The Guantanamo bay inmate assessment files show the imprisonment of detainees for years without trials. Inmates that even the US internal assessments classified as innocent, or very low level. 5 to 10 years in prison without trial for individuals that aren't even really suspected of being guilty?

      Do you accept that as moral, legal, and on top of that something that the public shouldn't even be aware of?

      Illegal by what law? Morally, those who are innocent should be released; but a media conclusion of "innocent" is not in of itself proof of innocence.

      As for what the public should be aware of, intelligence and spycraft are not things that the public has an instant need to know on. There should be a chain of accountability and a way for eventual declassification, but information given to the public is information accessible by the terrorists we're hunting. Does the public need to know where Bin Laden is hiding before we actually attack him?

      And yet here we are.

      It's what he would deserve if f he leaked information. The media report does sound suspicious, but they haven't determined if Petreaus was the source of the classified documents.

      That Petraeus had the affair disqualifies him from continued service due to compromised integrity; but the affair in of itself is not an act of espionage unless classified material was leaked through him due to the affair - that is under investigation.

      As for Manning, that part of the investigation is done - he did leak the materials, he did give confidential information to enemies of the US, and now he'll be tried for the actions he chose to make.

    105. Re:Aiding the enemy by vux984 · · Score: 1

      Morally, those who are innocent should be released; but a media conclusion of "innocent" is not in of itself proof of innocence.

      Its hard to found legally innocent or guilty except in the media if they leave you in prison for 12 years without a trial. The Manning leak indicated that even the government believed many were outright innocent. Why is someone in prison for a decade if even the prosecution thinks they are innocent?

      Bin Laden is hiding before we actually attack him?

      Is that what was released? No. Not even close. You can throw the book at imaginary villains who do imaginary things all you like. But that isn't what Manning did so why treat it as if he did?

      Does the public need to know where Bin Laden is hiding before we actually attack him?

      That Petraeus had the affair..

      Merely having the affair compromised himself and the US military. YOU were the one who argued that whether or not the enemy took advantage of that is irrelevant, and that whether or not he intended them to is irrelevant. That was your argument. Why the double standard?

    106. Re:Aiding the enemy by SillyHamster · · Score: 1

      Its hard to found legally innocent or guilty except in the media if they leave you in prison for 12 years without a trial. The Manning leak indicated that even the government believed many were outright innocent. Why is someone in prison for a decade if even the prosecution thinks they are innocent?

      You're repeating the media summary. The media are not an authority on who is innocent. Quote source material, or recognize that you don't actually have the evidence to show that "gov't believed many were outright innocent."

      Is that what was released? No. Not even close. You can throw the book at imaginary villains who do imaginary things all you like. But that isn't what Manning did so why treat it as if he did?

      No, that information wasn't what was released. But it illustrates the TRUTH that there is information that the public does not NEED TO KNOW RIGHT NOW. Should they know eventually? I do think so. When? Depends on the information in question.

      Is Manning the best authority on when to release confidential information to the public? I think we've already agreed that he made a mistake, which indicates poor judgement; I say no, he was not qualified.

      Merely having the affair compromised himself and the US military. YOU were the one who argued that whether or not the enemy took advantage of that is irrelevant, and that whether or not he intended them to is irrelevant. That was your argument. Why the double standard?

      You seem to have trouble differentiating between a vulnerability and an actual compromise.

      The key part here is harm - harm is giving enemies access to confidential information. With Petraeus, we don't know if confidential information was leaked from him; maybe it did, maybe it didn't. With Manning, we know that he leaked information to the Internet, and that anyone with an internet connection (such as an enemy) had full access.

      TLDR: The affair might have led to harm. Uploading to wikileaks was harm. The former needs investigation. The latter needs a trial and a judgement based on the evidence.

    107. Re:Aiding the enemy by vux984 · · Score: 1

      . Quote source material, or recognize that you don't actually have the evidence to show that "gov't believed many were outright innocent."

      If you are going to challenge the fact widely reported by the news then its on you to demonstrate they the information is false.

      But it illustrates the TRUTH that there is information that the public does not NEED TO KNOW RIGHT NOW.

      I never stated otherwise.

      I say no, he was not qualified.

      I don't expect a whistleblower type to be "qualified". That's an absurd criteria to demand. They must follow their conscience.

      You seem to have trouble differentiating between a vulnerability and an actual compromise.

      Would you treat Manning any differently if wikileaks simply deleted the data? Remember Manning didn't give the information to "the enemy" he gave it to wikileaks. Wikileaks ultimately released it in the form it was released. Manning created a vulnerability by making it possible for wikileaks to release it to the pubic.

      The key part here is harm

      Really? So what is the problem then?

      The government reports on that very subject is that Manning didn't really cause any harm. So what are you on about out for blood for exactly? There was no significant harm.

    108. Re:Aiding the enemy by SillyHamster · · Score: 1

      If you are going to challenge the fact widely reported by the news then its on you to demonstrate they the information is false.

      So you don't care to support your own assertion? Alrighty then. I don't trust the summaries out there; and you don't want to cite anything else, so we'll just have to disagree there.

      But it illustrates the TRUTH that there is information that the public does not NEED TO KNOW RIGHT NOW.

      I never stated otherwise.

      Because there exists information that the public doesn't need to know (right now), the "public need to know" is not an absolute defense for "whistleblowing", as you've tried to use it.

      I don't expect a whistleblower type to be "qualified". That's an absurd criteria to demand. They must follow their conscience.

      The whistleblower has a basic duty to be in the right, and to do the least amount of harm. I guess whistleblowers don't need any qualifications; but they need to meet some standards if they expect public support and to avoid punishment.

      Manning was not in the right, and he's getting a trial based on the harm he has done.

      Would you treat Manning any differently if wikileaks simply deleted the data? Remember Manning didn't give the information to "the enemy" he gave it to wikileaks. Wikileaks ultimately released it in the form it was released. Manning created a vulnerability by making it possible for wikileaks to release it to the pubic.

      If wikileaks didn't put the data on the internet, there would be a lesser amount of harm to judge Manning on; but the nature of wikileaks and digital information means you can't trust the data was actually deleted.

      Your use of the word "enemy" and the one used by the legal definition of espionage are not the same thing. Data leakage is espionage even if the information was given to an "ally"; the crime is unauthorized release of data to any recipient. That you don't consider wikileaks to be an "enemy" is irrelevant.

      Manning compromised data by entrusting confidential data to an unauthorized recipient, Wikileaks. That is sufficient to charge him with espionage, and the trial will find if he's guilty of it or not.

      The government reports on that very subject is that Manning didn't really cause any harm. So what are you on about out for blood for exactly? There was no significant harm.

      Citation requested.

      Just the PR and propaganda results from the leak are clear examples of harm. Perhaps it is acceptable harm, but they were triggered by Manning actions, and so he gets to face the results of his own decisions.

      As for "out for blood", I'm just arguing for the status quo, where Manning gets a court martial to find if he is guilty of espionage. I don't see much to find him not guilty, but I do recognize I don't have access to all the evidence involved, and expect the judge(s) to make the right judgement. Are you arguing that Manning shouldn't be charged with espionage, or that the court martial should find him not guilty?

    109. Re:Aiding the enemy by SillyHamster · · Score: 1

      Thanks for the follow up.

      I know I find it hard to admit if I'm wrong on the Internets, so kudos to you.

    110. Re:Aiding the enemy by vux984 · · Score: 1

      So you don't care to support your own assertion?

      My assertion was already backed by news articles. If you wish to refute it, fine, provide your own citation. Don't pretend I'm the one not supporting my assertions. That would be you.

      the "public need to know" is not an absolute defense for "whistleblowing", as you've tried to use it.

      I didn't say that. Show me where you think I tried to use it as an absolute defense for whistleblowing.

      That you don't consider wikileaks to be an "enemy" is irrelevant.

      It is relevant, because it goes to intent. Taking something to the New York Times or Wikileaks is not evidence of intent in the same way that selling it to the Chinese or Iranians would be. Pretending they are equivalent is dishonest.

      Citation requested.

      There is no publically available evidence of harm or intent to harm. Google it for yourself.

      And as for theories involving "secret evidence of harm"? What would be the point? The enemy already knows what it did with any information that was released, so what possible need for secrecy can there be for keeping what the enemy did secret from the public? That's just idiotic.

      Same goes for evidence of intent. If they have a money shot of Manning talking about how he's releasing the documents so that Iran will be able to fight back better then fine, show us the evidence and charge him with espionage. Otherwise, forget it.

      As for "out for blood", I'm just arguing for the status quo, where Manning gets a court martial to find if he is guilty of espionage.

      Read the statute. He needs intent.

      Releasing classified documents in and of itself is NOT evidence of intent to harm the united states. Its equally valid as evidence that he wanted to correct a wrong, inform the public, and make the united states a better place. So unless there is something beyond the fact of the action itself, then no, he shouldn't even be charged with espionage.

    111. Re:Aiding the enemy by SillyHamster · · Score: 1

      My assertion was already backed by news articles. If you wish to refute it, fine, provide your own citation. Don't pretend I'm the one not supporting my assertions. That would be you.

      "Innocent" is not likely to be written down in a gov't report. (terrorist activity verified/not verified, perhaps). A media source claiming "innocence" is offering an opinion instead of reporting facts. I don't have access to the source material and you're not interested in pointing to it; As I said, there's nothing further we can discuss then.

      the "public need to know" is not an absolute defense for "whistleblowing", as you've tried to use it.

      I didn't say that. Show me where you think I tried to use it as an absolute defense for whistleblowing.

      It is my understanding of your position:

      Agreed100%. I think Manning blew it. But when judging him we need to look at his motivations, and they were good, even if misguided. Therefore he should be fired, charged with leaking classified documents, and sentenced modestly. He is not a traitor nor an enemy of America.

      ... Do you accept that as moral, legal, and on top of that something that the public shouldn't even be aware of?

      You're asking for leniency for Manning from his actions based on intent, to serve some public "need to know". This nebulous "good" intent is supposed to serve as a defense against "espionage". It's a red herring. Espionage is the action, not the intent.

      There is no publically available evidence of harm or intent to harm. Google it for yourself.

      Please be serious. A Google Search is not remotely an authority on the harm done by an information leak.

      And as for theories involving "secret evidence of harm"? What would be the point? The enemy already knows what it did with any information that was released, so what possible need for secrecy can there be for keeping what the enemy did secret from the public? That's just idiotic.

      It's funny how you treat America's enemies as a single entity with perfect information sharing.

      Would you like to explain why your personal judgement of "this information is useless" should be accepted as an expert opinion?

      Your assessment of no harm ignores the PR issues I mentioned. "Collateral Murder" was a propaganda effort to undermine the US actions in Iraq; it would not have been possible without Manning's leak. That is a harm, though it may be hard to quantify.

      That's not all. The leaks expose US procedures in the military and diplomatic realm. They reveal political tensions that could be exploited. It provides information that a "lone wolf" terrorist could attempt to use on his own. These harms are difficult to measure but they do exist, and they won't necessarily pop up in a Google search.

      Read the statute. He needs intent.

      An intentional public release releases the information to any and all enemies. Intent has been demonstrated by his actions. Intent is intentionally releasing information, as opposed to accidental release.

      Again, unauthorized information release even to an American ally is espionage. "This information was used to help US allies!" is not a defense; that information was to be kept confidential and released based on national priorities, not personal ones. Those national priorities are determined by publicly elected officials in the White House and in Congress. Subversion of that authority is an act against the public, unless it can be demonstrated that the release served the public's best interest - but you already conceded that Manning was misguided and in the wrong.

      Here's a bone for you: Guilt for espionage is independent of intentions, but the sentencing for espionage can be adjusted based on intentions. (Then there's presidential pardons). But Manning's clearly guilty of espionage based just on the facts we know.

  3. Interesting wording by Anonymous Coward · · Score: 4, Insightful

    "agreeing to serve [up to] 20 years in prison for causing a worldwide uproar"

    If anything, he agreed to serve that time for leaking information, certainly not for causing an uproar. The responsibility for that lies entirely elsewhere.

    1. Re:Interesting wording by Anonymous Coward · · Score: 0

      Reminds me of the time when a religious cleric in Indonesia was jailed for inciting hatred (against himself ;) ) by challenging the views of other clerics.

      Welcome to the 3rd world USA!

  4. State's evidence by Anonymous Coward · · Score: 0

    We should have offered him immunity in exchange for testifying against Wikileaks.

    1. Re:State's evidence by Anonymous Coward · · Score: 2, Funny

      We should have offered him immunity in exchange for testifying against Wikileaks.

      Uh, what? What would he have 'testified' about?

      "Wikileaks is a website"

    2. Re:State's evidence by bughunter · · Score: 1

      Uh, what? What would he have 'testified' about?

      "Wikileaks is a website"

      The whole point of keeping him in double-secret naked isolation was to persuade Manning to confess or testify that he and Assange colluded in advance to retrieve and transfer Classified information. That's what they really want from him, and they still don't have it.

      This confession is what they need in order to pin charges on Assange.

      Problem is, Manning went to Assange only after mainstream press showed no interest in the stuff he took from SIPRNET, etc.

      --
      I can see the fnords!
  5. Re:Well.. he did it. by Anonymous Coward · · Score: 0

    Of course he did it. Only idiots thought he was innocent.

  6. Chaotic good. by MRe_nl · · Score: 4, Interesting
    --
    "Kill 'em all and let Root sort 'em out"
    1. Re:Chaotic good. by SirGarlon · · Score: 5, Insightful

      if he did what the government accuses him of doing, he deserves [a] medal, not jail time.

      I would argue that he deserves a medal *and* jail time. Sometimes a citizen has a moral obligation to break a law, but to say the military should just overlook his law-breaking sounds an awful lot like "the end justifies the means." And that is the same argument the government is using to violate the Geneva convention and international law.

      Double standards are despicable.

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    2. Re:Chaotic good. by BitZtream · · Score: 1

      Double standards are despicable.

      Only if you're stupid enough to think everything fits into your extremely simplistic moral view.

      Heres' a hint. It doesn't.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    3. Re:Chaotic good. by Anonymous Coward · · Score: 0

      Some of us would argue that he deserves no medal and worse than jail time.

    4. Re:Chaotic good. by Anonymous Coward · · Score: 1

      Perhaps so. But the next time - and there will be a next - folks will be REAL hesitant to say anything to anyone for fear of going to jail.

      Me, I don't have the guts. If I were part of any war crimes, I'd keep my mouth shut and go along with it. And if someone were to make me the fall guy, I'd point to my immediate commanding officer and say, "He ordered me to."

      In the case with the violations of the Geneva conventions, the buck stops with the commander in chief of the armed forces. If there's some general that ordered it without the CIC's knowledge then it is STILL up to the CIC to take action - like court marshal the guy in charge.

      Personally, the one who is at fault is the one who was the Commander in Chief of the armed forces at the time. Period. And of story.

      And if the current CIC is breaking the Geneva conventions, the same goes for him.

      We're Americans and we're better than this!

    5. Re:Chaotic good. by Uberbah · · Score: 4, Insightful

      Sometimes a citizen has a moral obligation to break a law

      It's being a whistleblower.

      but to say the military should just overlook his law-breaking sounds

      And all the law breaking unveiled by Manning's alleged leaks? Where is the Concern for the law in Manning's treatment? Under the UCMJ he's supposed to get a trial within 120 days, AND be free of unlawful command influence. Which Obama committed when he pronounced Manning guilty.

      We can talk about prosecuting Manning after Bush and Obama are in the Hague for war crimes. Anything else is garbage.

    6. Re:Chaotic good. by SirGarlon · · Score: 1

      My moral view is less simple than some. For example, it's more nuanced than saying "fighting evil is a sufficient condition to be considered good."

      --
      [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
    7. Re:Chaotic good. by Anonymous Coward · · Score: 0

      But shouldn't all laws be moral? If a circumstance arises where doing the right/moral thing is illegal I'd say that something is wrong with that law and a court should exonerate the law-breaker. This is different than the ends justifying the means, where someone does something immoral for some "greater good" (or more commonly, their own good).

    8. Re:Chaotic good. by Anonymous Coward · · Score: 0

      Ya, elastic and flexible morals are the best morals. You should never anchor yourself wrt moral matters. You need to be able to ditch your morals at any time to keep up with fashion and fads and the general consensus of the crowd.

      Never, under no circumstances, is it a good idea to keep simple morals when those around you mock them. Instead, change your morals to make them have so many convoluted ways and means around them that a room full of lawyers couldn't figure them out.

    9. Re:Chaotic good. by Kaenneth · · Score: 1

      Yep, just as if a convicted murderer saved the life of a guard in a prison riot; dosn't mean he gets to go free.

      But it should reflect on sentancing.

    10. Re:Chaotic good. by fredprado · · Score: 1

      Your moral views are not only illogical, they are a double standard themselves and thus hypocritical.

    11. Re:Chaotic good. by fredprado · · Score: 2

      It doesn't work like this. The ones in the middle management are always go down with the leaders, as long as you are in the losing side. If you are in the winning side, like US, you can do pretty much whatever you want, you won't be judged for war crimes, ever.

    12. Re:Chaotic good. by geekoid · · Score: 1, Interesting

      A whistle blower is some who tells about a specific wrong. There was no wrong, there where no lies, and , as it turns out, the US was being totally honest about their activities.

      Saying: I'm going to illegal access this information and dump it to the world in hopes something might be wrong is not whistle blowing.

      This isn't like he photographed some dumping toxic waste into a water supply.

      What war crimes?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    13. Re:Chaotic good. by fredprado · · Score: 0

      Do you work in US government? ;)

    14. Re:Chaotic good. by infinitelink · · Score: 2

      Laws have intended purposes; these just don't typically get written-into the laws because those writing them put out documentation at the time of writing, and because frankly they write them also as convenient pretexts to say "so sorry about the egregious outcome in this particular case of the application of this law, but the law, damn it, rules, not us--no, ignore that we wrote it in the first place and are able to revise it at a whim but have failed to do so after thousands of inquiries and urgently be contacted over years to do so because these things keep happening." I'm pretty damn sure that the likes of the whistleblower act would cover Manning if they would let it, and frankly "UCMJ governs" my ass: the military may be "special" but it's still a department under the executive branch, i.e. should be covered by things like that.

      Stop putting dickless sociopaths in office, and maybe things like this won't happen.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    15. Re:Chaotic good. by infinitelink · · Score: 1

      p.s. We were never a full subscriber to Geneva, actually stating upon ratification that it was only ratified in certain sections; not "fair" maybe, but the rest of the world has accepted it, so it's legit. Very often cries of "violating Geneva" ignore partial ratification (conveniently), which is not a practice that only the U.S. practises. Also, "international law" is only what a power big enough is willing to enforce: countries ruled by immoral politicians have no honor or lawfulness abroad.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    16. Re:Chaotic good. by Uberbah · · Score: 5, Informative

      There was no wrong, there where no lies, and , as it turns out, the US was being totally honest about their activities.

      Are you snarking, trolling, or willfully ignorant?

      U.S. officials were told to cover up evidence of child abuse by contractors in Afghanistan.

      Guantanamo prison has held mostly innocent people and low-level operatives.

      U.S. Military officials withheld information about the indiscriminate killing of Reuters journalists and innocent Iraqi civilians.

      Known Egyptian torturers received training from the FBI in Quantico, Virginia.

      The State Department authorized the theft of the UN Secretary General's DNA.

    17. Re:Chaotic good. by dkleinsc · · Score: 5, Insightful

      What war crimes?

      Dick Cheney is by far the easiest to go after: Torture of prisoners, specifically waterboarding, which the US declared a crime against humanity when the Japanese did it to our soldiers. Evidence: He announced that he'd done so on national television.

      George W Bush: Probably torture as well. Aggression (attacking a country without reason to believe that country is attempting to attack you), which we killed several Germans for doing at Nuremberg. Ordering the bombing of civilian targets in Iraq.

      Barack Obama: Ordering "double-tap" drone strikes, where a strike occurs, and 15-20 minutes later a second strike occurs that kills anyone who tried to save the wounded from the first strike. Ordering drone strikes on funerals, which is specifically prohibited.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    18. Re:Chaotic good. by Anonymous Coward · · Score: 0

      Under the UCMJ he's supposed to get a trial within 120 days, AND be free of unlawful command influence. Which Obama committed when he pronounced Manning guilty.

      Only if he wants one. I've never heard his lawyer demand a quick trial or even complain about the time it took, so I assume Manning and his lawyer didn't want to 120 day trial, since only an idiot would. BTW, I found where Obama said "He broke the law." and if you think answering a reporters questions at a dinner reception is command influence, you're out of touch with reality.

    19. Re:Chaotic good. by Anonymous Coward · · Score: 0

      No. He just disagrees with you. Stop suggesting anything other than that.

    20. Re:Chaotic good. by Beyond_GoodandEvil · · Score: 2

      I found where Obama said "He broke the law." and if you think answering a reporters questions at a dinner reception is command influence, you're out of touch with reality.
      And if you think any constitutional lawyer worth his salt would not be smart enough when asked such a question to say,"Hey, I don't comment on investigations esp. military ones to avoid creating the appearance of bias." you're out of touch with reality.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    21. Re:Chaotic good. by fredprado · · Score: 1

      I suppose that "he" is not "you". So I must ask do you work for the US government?

    22. Re:Chaotic good. by SillyHamster · · Score: 1

      What does any of that have to do with the information that Manning leaked?

      What war crimes was Manning whistleblowing?

    23. Re:Chaotic good. by SillyHamster · · Score: 1

      I'd add that Geneva is for protecting people who play within the rules in a war setting; those who plot terrorist mass murder are outside of those rules, and thus don't get the protection of the rules.

      That they're locked up instead of summarily executed is already better treatment than they deserve; drone strikes (summary execution) are in fact the logical response to "no Gitmos".

    24. Re:Chaotic good. by stymy · · Score: 1

      That's a very interesting article you've posted. A choice quotation from it: "Despite assurances the attacks are "surgical", researchers found barely 2 per cent of their victims are known militants"

    25. Re:Chaotic good. by dkleinsc · · Score: 2

      One of us misread the thread. I was following it like this:

      We can talk about prosecuting Manning after Bush and Obama are in the Hague for war crimes.

      What war crimes?

      And hence answered that question.

      As far as war crimes Manning exposed, the "Collateral Murder" video was of US troops directly firing on civilians who were attempting to rescue people who were wounded, which violates the Geneva Conventions in two ways: You can't legally shoot civilians, and you can't shoot people who are rescuing wounded.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    26. Re:Chaotic good. by SillyHamster · · Score: 1

      As far as war crimes Manning exposed, the "Collateral Murder" video was of US troops directly firing on civilians who were attempting to rescue people who were wounded, which violates the Geneva Conventions in two ways: You can't legally shoot civilians, and you can't shoot people who are rescuing wounded.

      Accepting that that incident was a warcrime for the sake of argument, what then of all of those other documents he released?

      Do you think that every document involved a crime; or is one justified in indiscriminately releasing documents if at least one of them involves a crime?

      If Manning had only released that single video and focused on that, he could be considered a whistleblower. But that he released so many documents works against that being a valid defense.

    27. Re:Chaotic good. by harlows_monkeys · · Score: 1

      Tell that to the people who were working anonymously in places like Iran to try to work for human rights, who depended on that anonymity to avoid arrest, torture, or worse at the hands of their government's security forces. They probably don't see very much heroic in releasing their names.

      Tell that to Afghan civilians who did things that the Taliban opposes (like treating women as humans). US forces would make sure to keep an eye on those people during patrols, in case the Taliban found out what the civilians were doing and targeted them. Reports from those patrols included names, address, and GPS coordinates--and Manning leaked those reports.

      No one will ever likely be able to prove that the leaks got any of those people killed, because any particular civilian the Taliban targets, or any particular human rights activist in Iran who gets taken away by the government, could have been found out by means other than the leaks. However, the odds are high that some have died from the leaks.

    28. Re:Chaotic good. by Obfuscant · · Score: 1

      The State Department authorized the theft of the UN Secretary General's DNA.

      It's interesting to see this as a comment in a forum where taking a copy of something is usually considered legal and ethical. I'm sure they didn't actually hold the Secretary down and extract all the DNA out of him, they obtained a copy of his DNA from some sloughed off cellular material, or a hair from his comb. It was just one of many copies, and of course, the Secretary suffered no commercial loss because the people who "stole" the DNA wouldn't have bought it anyway. They just wanted the information it contained, and information should be free.

    29. Re:Chaotic good. by cffrost · · Score: 1

      What war crimes was Manning whistleblowing?

      See this comment by Uberbah.

      --
      Thank you, Edward Snowden.

      "Arguments from authority are worthless." —Carl Sagan
    30. Re:Chaotic good. by infinitelink · · Score: 1

      Good points. I'm preferential (wherever possible) to capture and public trial (with competent, lawful handlers of the affairs and processes involved) such that we can show the world our legal system (er...as it is defined and codified and stipulated in the law) is up to the task, but where that's not an option...bombs away I guess...for now... Hopefully knowledge and wisdom will come to make a better conclusion than one of "I guess".

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    31. Re:Chaotic good. by L4t3r4lu5 · · Score: 1

      We can talk about prosecuting Manning after Bush and Obama are in the Hague for war crimes. Anything else is garbage.

      I also think this, and post it often. However, the USA is the only Western country to outright refuse to ratify the Rome Statute (Cite), and therefore is not under the International Criminal Court's jurisdiction. As such, none of the crimes they are responsible for investigating: Genocide, crimes against humanity, war crimes and the crime of aggression, can be investigated by them.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    32. Re:Chaotic good. by Uberbah · · Score: 1

      It's interesting to see this as a comment in a forum where taking a copy of something is usually considered legal and ethical.

      You're comparing copying a commercially released product to copying someone's DNA? Pete Hoekstra, is that you?

  7. Re:Well.. he did it. by AK+Marc · · Score: 3, Interesting

    But even if you did it, why would you plead guilty to 10 charges when they are still going to prosecute for the other 12? Wouldn't you negotiate a bargain where they'd drop 12 to get a guilty plea on 10? Otherwise, you have nothing to fear from a trial on the 10 you plead guilty to. The worst case is that they'd find you guilty of what you would plead guilty to in the first place.

  8. Operational security by Anonymous Coward · · Score: 1

    Great occasion to highlight rule no. 1 of Opsec: keep your fucking mouth shut. More on this topic, of interest for political hackers and freedom fighters:
    https://www.anti-forensics.com/video-opsec-for-hackers-because-jail-is-for-wu-ftpd/

    (yeah, I know Manning is not a hacker, just a disturbed kid)

    1. Re:Operational security by Anonymous Coward · · Score: 0

      but come on, the slashtarts deserve to know every detail of how the US Government implements policy

      because the world is a beautiful and honest place like star wars and star trek

    2. Re:Operational security by Anonymous Coward · · Score: 0

      https://www.anti-forensics.com/video-opsec-for-hackers-because-jail-is-for-wu-ftpd/

      God I'm slow and stupid I spent a good 30 seconds trying to figure out what this title meant.

    3. Re:Operational security by Anonymous Coward · · Score: 0

      Only a Ferrengi would need to operate covertly.

    4. Re:Operational security by CanHasDIY · · Score: 1

      I thought rule #1 was, "don't give top secret access to a damn Private"

      Seriously, which higher-up thought that was a good idea, and why isn't his ass in the sling as well?

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:Operational security by Opportunist · · Score: 1

      You expect a major general to do grunt work?

      I had access to fairly sensitive documents in my military time. It's part of the job, if your job deals with it. Still, my rank wasn't that much above Private. In another military, granted, but what it boils down to is that bureaucracy dictates what rank slots are available and qualification dictates what people can fill it. Sadly, reality and bureaucracy don't always match. So I'm not a Colonel despite having more skill in the fields that were required for my job than my Colonel had. Then again, he was more concerned with administration, but I ramble.

      What it comes down to is that rank doesn't really matter that much if you're in a specialist unit with the armed forces. Sure, there's a Colonel that runs the show, but when the shit hits the fan, chances are that he'll come running to you 'cause he knows you're better than him for the job to be done. And he's the Colonel exactly 'cause he knows THAT.

      Manning's deal was probably similar. He had a job to do and maybe was selected to do it 'cause he was good at it. Rank doesn't really matter much in such circumstances.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re:Operational security by CanHasDIY · · Score: 1

      You expect a major general to do grunt work?

      You think there aren't any ranks between Private and Major General?

      C'mon, dude. Don't play these games.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Operational security by dywolf · · Score: 1

      ooo. willfilly disregarding and ignoring the point in order to be pedantic and make almost the same point as the person you're replying to.
      C'mon dude. The only one playing these games is you.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    8. Re:Operational security by PhxBlue · · Score: 1

      but come on, the slashtarts deserve to know every detail of how the US Government implements policy

      I think GP is referring to Bradley's conversations after the fact, basically confessing to the act. If CDs with this information had just anonymously shown up at the doors of NBC, the New York Times, etc., would the government in fact have a case?

      --
      !#@%*)anks for hanging up the phone, dear.
    9. Re:Operational security by CanHasDIY · · Score: 1

      ooo. willfilly disregarding and ignoring the point in order to be pedantic and make almost the same point as the person you're replying to.
      C'mon dude. The only one playing these games is you.

      There was a point? Seems to me that you're just arguing semantics.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    10. Re:Operational security by dcw3 · · Score: 1

      I thought rule #1 was, "don't give top secret access to a damn Private"

      Seriously, which higher-up thought that was a good idea, and why isn't his ass in the sling as well?

      Bradley was a Private First Class, E3. It's common for even lower ranks to have such access.

      --
      Just another day in Paradise
  9. who will give him a code red and who take by Anonymous Coward · · Score: 0

    Time for a few good men 2

  10. Sucks to be Manning - Hate Lamo by Anonymous Coward · · Score: 1

    Sucks to be him. I am, however, mad a Lamo. He only did this trying to get brownie points from uncle sam. He isn't a hacker in the first place. No one has yet to say how Lamo got in touch with Manning... and that is one reason why Mrs. Lamo divorced him...

    1. Re:Sucks to be Manning - Hate Lamo by Anonymous Coward · · Score: 0

      IIRC, Manning contacted Lamo via a BBS site, not the other way around.

    2. Re:Sucks to be Manning - Hate Lamo by elucido · · Score: 1

      Sucks to be him. I am, however, mad a Lamo. He only did this trying to get brownie points from uncle sam. He isn't a hacker in the first place. No one has yet to say how Lamo got in touch with Manning... and that is one reason why Mrs. Lamo divorced him...

      Why blame Lamo? Lamo didn't ask for Manning to contact him and give him all those classified documents. He contacted Lamo because Lamo was posing as a journalist and had journalist connections. Why would you contact Adrian Lamo under your real IP address, real screen name, etc and expect nothing to happen? He was setting Lamo up to go down with him.

      Why didn't Manning follow whatever rules that Anonymous sources typically follow? He screwed up not Lamo. If he followed the rules Lamo would never know who he is. If he followed the rules those logs could not exist. So what was Manning thinking transmitting that over the unencrypted unsecured wire to a known hacker?

  11. Travesty of Justice by ohnocitizen · · Score: 4, Insightful

    The nature of the charges against him, alongside the way he has been treated while in custody, shame the US system of justice. He surely committed a crime in doing what he did, but the punishment needs to fit the crime. Does it?

    1. Re:Travesty of Justice by Anonymous Coward · · Score: 0

      If we were to follow Slashdot community's modus operandi, a reply to you which attempts to discredit the Guardian by pointing out Britain's past violations of justice upon its own citizens should receive a 5 Insightful moderation.

    2. Re:Travesty of Justice by Anonymous Coward · · Score: 0

      We don't know. The trial hasn't even happened yet.

    3. Re:Travesty of Justice by Anonymous Coward · · Score: 0

      The nature of the charges against him, alongside the way he has been treated while in custody, shame the US system of justice. He surely committed a crime in doing what he did, but the punishment needs to fit the crime.

      He indiscriminately dumped a lot of information most of it revealing nothing of note.

      If he was a "whistleblower," he would have searched it, found the damning evidence he said was there, and just released that. He didn't. He just dumped a bunch of files.

      It's as if a rogue sysadmin published the email store of a major ISP. Would you find evidence of criminal acts in the private email of millions of customers? Undoubtedly. Would that end justify the means? Of course not. Would the sysadmin be a hero for unmasking a few criminals? Of course not.

    4. Re:Travesty of Justice by tibman · · Score: 0

      It's the Uniform Code of Military Justice, not the normal US justice system. His pre-trial treatment sounds just like any other. You can't draw conclusions from the scraps that come out. "Had to stand naked each day outside the cell for inspection". That sounds like he was doing something that prompted them to visually see his body. Like if he was hurting himself or hiding things in his clothes (extra food and so on). We simply do not know and they won't say because "it violates his privacy."

      He may deserve a medal but i doubt it will be issued by the Organization he was serving at the time. All this will shake out in time and we'll find out what really happened.

      --
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  12. See? Torture does get results by _xeno_ · · Score: 1, Flamebait

    See? Torture does get results! So many people here keep saying torture never produces anything, this clearly proves you wrong! Torture does work to generate confessions!

    --
    You are in a maze of twisty little relative jumps, all alike.
    1. Re:See? Torture does get results by Anonymous Coward · · Score: 0

      twice in one slashdot story? are you trying to score phony +1 Insightful karma points you boring douche? sarcasm is so easy. try actually adding something to the story.

  13. Invalid by Anonymous Coward · · Score: 1

    The way I see it, they told him it would take several more years of holding him in extreme conditions, before they would even start the trial, so they held that and other stuff over his head as a way to coerce him into pleading guilty.

  14. Re:Well.. he did it. by sureshot007 · · Score: 4, Insightful

    Probably because the only way to fight the espionage charges would be to claim that you disobeyed standing orders for the greater good of the country, and things like the Geneva Convention for treatment of prisoners. If he wants to claim the high moral ground, he has to plead guilty to what he actually is guilty of.

  15. Amazing by Anonymous Coward · · Score: 0

    What torture will do.

    1. Re:Amazing by elucido · · Score: 0

      I love these comments supporting what this soldier did. It's quite obvious that none of you who support this traitor understand the basics of military service, the protection of classified information, and the absolute need for the two to go hand-in-hand. This soldier took it upon himself to distribute classified information to parties that neither had the clearance nor need to know. He violated multiple articles of the UCMJ (Uniform Code of Military Justice) and other federal laws.

      Having served in the US Air Force, in a capacity where I was in contact with classified data every day, I know the level of discipline it takes to protect information. PFC Manning had legal, authorized channels he could have used to express his concerns - in regards to not only what he saw, but how it affected him. He chose, however, to assume he knew best and to distribute this information outside (and ultimately foreign) agencies. HE chose to ignore Army and DoD regulations. 20 years is a good start, but not nearly enough.

      It's dumb to support what he did. It's also dumb to support the way the government is treating him for what he did.
      If you believe he deserves 20 years that is fine, but make a case for why he deserves 20 years and explain why he's being treated worse than so many of the others who have done much greater obvious damage?

      How much damage did the Cablegate cause? can we confirm that the names of sources were leaked? If even one sources name was leaked I'd support giving him 20 years+.

    2. Re:Amazing by Anonymous Coward · · Score: 0

      Slashdot is the place where freedom of speech and silencing others with negative moderation is equally cherished.

    3. Re:Amazing by oxdas · · Score: 1

      I think most of the people here understand the protection of classified information. The concern is that too much of the government and military's operation is now classified. As a result, citizens have a difficult time becoming informed. The benign nature of most of documents released by Manning gives credence to that concern.

      Many believe that uninformed citizens, marching lock-step with their leaders, is not a good foundation for a democracy. With the rise of secret courts and selective justice, targeting for assasination of citizens on the word of the Executive alone, and domestic spying on an unprecendented scale, some citizens are concerned. In that context, the wrongs of PFC Manning are weighed against the wrongs of the government. Some have decided that Manning's actions are the lesser evil.

  16. 20 years is fair by Anonymous Coward · · Score: 1

    Twenty years is fair. The treatment up until now is what's so messed up. As a citizen, I don't expect soldiers who leak classified treatment to get a pat on the back. However, I don't expect them to get tortured in the military prison either.

    1. Re:20 years is fair by elucido · · Score: 1

      Twenty years is fair. The treatment up until now is what's so messed up. As a citizen, I don't expect soldiers who leak classified treatment to get a pat on the back. However, I don't expect them to get tortured in the military prison either.

      20 years is actually very harsh. It all depends on the result of his leak. How much damage did it cause?

      I doubt it was 20 years worth of damage but no one has actually come up with a true report of how much damage.

  17. Age and rank. by troll · · Score: 2

    PFC at 25?
    He may have had other problems with the Army. At 25, he should at least be some kind of sergeant.

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    1. Re:Age and rank. by JBMcB · · Score: 1

      To be fair he's been in prison for three years. Tough to advance.

      --
      My Other Computer Is A Data General Nova III.
    2. Re:Age and rank. by dan828 · · Score: 1

      Well, I don't imagine that his fitness reports have been all that great over the last three years.

    3. Re:Age and rank. by dclozier · · Score: 2

      I doubt he would have gained any rank since he's been arrested so subtract 3 years. Then depending on when he joined (right out of highschool?) that would only give him 4 years in. At the end of my 4 years (back in the day) I had reached Spec 4. There wasn't a lot of room to go further without signing up again and going after training for newer missle systems. Like anything in life advancment takes planning along with the effort.

    4. Re:Age and rank. by Sedated2000 · · Score: 1

      If I recall my info on this case, he was actually promoted, but busted back to PFC shortly before he leaked the documents.

    5. Re:Age and rank. by Dyinobal · · Score: 1

      Maybe he joined later than is usual?

    6. Re:Age and rank. by CastrTroy · · Score: 2

      According to Wikipedia he was promoted to Specialist in 2009. He was then demoted back to Private a couple days before being arrested. Also, I don't think you can really say just by somebody's age what their rank should be. If you don't include a lot of other variables such as what age they joined the military, how well they actually performed, and what missions the person participated in. Stating that a number of years should equal a specific rank kind of reminds me of some union jobs, where people get pay raises for their entire career, even though they keep doing the exact same job, and don't necessarily do it any better than the new recruits.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    7. Re:Age and rank. by Anonymous Coward · · Score: 0

      He didn't join out of HS. I enlisted at 22 as a PFC, and was about to promote to Cpl. and go to NCO school when I got hurt and discharged.

    8. Re:Age and rank. by RoknrolZombie · · Score: 1

      And for all we know he didn't join until he was 22.

    9. Re:Age and rank. by GrandCow · · Score: 1

      PFC at 25?
      He may have had other problems with the Army. At 25, he should at least be some kind of sergeant.

      He was demoted before being arrested, dropped from Specialist (E-4) to PFC (E-3). He had been having problems with the people he worked with and lost rank because of it.

      --
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    10. Re:Age and rank. by RoknrolZombie · · Score: 1

      To be fair, commanders generally have their performance based on how many of their soldiers have been promoted, so the military is pretty good about promoting people rather quickly until they either fuck something up, or until they get high enough in the food chain to make things crowded at their rank.

  18. A thousand days by ThatsNotPudding · · Score: 1

    A thousand days of justice denied.

  19. Even though by ThatsNotPudding · · Score: 2

    The Supreme Court has repeatedly upheld the military's right to maintain different standards of justice for its members than the civilian justice that the wording of the Constituion describes.

    Even though the oath when joining the US military is to Protect and Defend the Consititution of the United States.

    Someone open a window; the stink of hipocracy is overwhelming.

    1. Re:Even though by Desler · · Score: 1

      Read Article 1 Section 8. It's what gave Congress the power to create the UCMJ. There is nothing unconstitutional.

    2. Re:Even though by tiberus · · Score: 4, Informative

      Someone volunteering to join the military (e.g. Pfc. Manning) also agrees to be bound by the UCMJ. It's not hipocracy, it's simple reality. If you want members of the military to have the same rights as civilians, you don't want to have a military or the protections it provides. In order for the military to function, it's members must be held to higher standards and have fewer freedoms; otherwise, the whole thing would just fall apart.

      Pfc. Manning is in a hell of his own creation for not only did he volunteer to join the military of his own free will, he was granted access to sensitive information and that sets the bar even higher.

    3. Re:Even though by AlphaWolf_HK · · Score: 3, Insightful

      If this was something that truly disturbed him, there are many legal avenues that he could have taken to expose this without releasing classified documents, which he has a duty to protect.

      For example, congressmen and senators are allowed (in most cases) to see the goings on of the military. He could have contacted one of them, who usually do listen to even lower ranking military members, and said something to the effect of I've noticed unlawful military activity that you should look at.

      Even if you're an E-1 buck private, you're not only allowed but expected to disobey unlawful orders of even a five star general if you have to, and report what they're doing to somebody who is authorized to do something about it. That can often include the local Adjutant General Corps members, which can include e.g. an E-6 who can in the case of unlawful activity can stick it in the face of a full bird colonel and there's nothing he can do about it. They routinely piss off the local chain of command because they're supposed to advocate for those within the ranks of the military who are being mistreated. If you've ever watched star trek, think about how the lowly doctor has authority over the captain when it comes to medical fitness. The AG can do exactly that when it comes to criminal matters.

      I know this because I've been through the process when I was a soldier. In my opinion, Bradley Manning really asked for what he is receiving. There are so many other ways he could have dealt with this, and he chose the sensationalist method, which is unlawful from nearly every perspective you can examine it from.

      And by the way, if you obey an unlawful order, you're held every bit as responsible as if you acted alone, but so is the officer who gave you that order.

      --
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    4. Re:Even though by Anonymous Coward · · Score: 0

      It's not hipocracy,

      No it isn't: Hipocracy is the right to look cool while doing it. (Or not.)

    5. Re:Even though by spune · · Score: 3, Insightful

      Manning set the bar even higher than you think -- a high moral bar that most US foreign policy can't hold a candle to. Manning did the right thing in becoming a whistleblower and showing the public what our 'representatives' are scheming. We have a right to know about US support for the coup in Honduras, etc.

      What is hypocritical about this situation is that Manning is being tried for upholding his oath in a meaningful way, while the prosecutors and persecutors are using the letter of the law to contradict its spirit.

    6. Re:Even though by dwillden · · Score: 1

      Oh for mod points, well stated. He made his bed, now he gets to sleep in it. He had many legitimate avenues and even not so legitimate avenues to resist, protest or fight this supposed unlawful order (that nobody can actually ever cite) that would have come far short of out right treason. But no, he thought he knew better than the many many superiors who have far greater love for this country and the constitution than he does and so chose to aid the enemy in time of war.

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    7. Re:Even though by jafac · · Score: 3, Insightful

      "or the whole thing would just fall apart" is actually a pretty lame justification.

      Though I completely agree that Manning did screw himself over royally, pretty much. I'm generally not into victim blaming, but when one signs an SF-312, one really ought to read and adhere to what one's signing. If you don't agree with what's going on, you're obligated to report that to the FSO, and get your clearance revoked and work a non-cleared job. Period. Just because someone else is dishonoring their agreements doesn't mean you get to dishonor yours.

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    8. Re:Even though by dryeo · · Score: 1

      I thought the Constitution has had amendments added that changes the Constitution with the very first one taking away the right of Congress creating laws that limit free speech. In other words, the 1st Amendment limits Article 1 Section 8

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    9. Re:Even though by tiberus · · Score: 1

      "or the whole thing would just fall apart" is actually a pretty lame justification.

      No, it's just a gross over-simplification. I could have gone into a solder not getting to choose which rules or orders to follow (we'll ignore unlawful ones for the moment) and so on. I choose to be brief.

      Characterizing something as lame is actually pretty lame, get a thesaurus.

    10. Re:Even though by tiberus · · Score: 1

      Pfc. Manning chose to exist in a world of high expectations, morals, honor and trust of his own free will and then chose to become a traitor to those standards. It's truly sad how many people don't understand the cost of what Manning did and what he may have put at risk for his concept of morals. The honorable thing would have been (as stated by at least one other) to admit he could not keep to the standards excepted of him and relinquish his access.

      The only saving grace for Manning is that the U.S. is fond of police actions, incursions, etc., in lieu of Declarations of War.

    11. Re:Even though by Anonymous Coward · · Score: 0

      which he has a duty to protect.

      Fuck that "duty." He has a duty to the people, above all, and his actions weren't wrong. The government is committing injustice after injustice--spying on its own citizens, molesting them at airports, etc.--and you expect them to play along? Fuck you.

      Anyone who says these people have a love for the constitution (reply above me) is just insane.

    12. Re:Even though by Anonymous Coward · · Score: 1

      congressmen and senators are allowed (in most cases) to see the goings on of the military. He could have contacted one of them, who usually do listen to even lower ranking military members, and said something to the effect of I've noticed unlawful military activity that you should look at.

      I wish I lived in your rosy world.

    13. Re:Even though by SuricouRaven · · Score: 1

      I find it unlikely he expected to get away with this. He just felt so strongly that the crimes he found needed to be exposed that he was willing to sacrifice his own freedom for what he saw as a greater good.

      That kind of extreme devotion to a cause isn't always a good thing - it's basically the same psychology that drives suicide bombers - but he must have known what he was getting into.

    14. Re:Even though by redlemming · · Score: 1

      Someone volunteering to join the military also agrees to be bound by the UCMJ.

      It's not that simple. This isn't really a question of contract law, despite the presence of a contract when one joins the military.

      The ability of Congress to create laws to govern the military are subject to fundamental rights, as are any powers of Congress. Some of the fundamental rights that apply to civilians can reasonably be lost or limited in military service. However, to the extent that the UCMJ infringes fundamental rights that reasonably should be retained by persons in military service, the UCMJ becomes illegal and unconstitutional.

      It is worth remembering that members of the German military in WW2 were required by law to obey orders passed by their superior officers. At Nuremberg it was established that not all laws passed by governments are valid. The UCMJ is a set of laws, no more, no less.

      As the Bill of Rights is open-ended (the 9th Amendment provides for rights "retained by the people" and the 10th Amendment provides for rights "reserved to the people"), determining what rights can reasonably be taken away from members of the military is not as simple as one might suppose. For example, rights "retained by the people" can not exist or be asserted in those situations where the government secretly hides what it is doing from the people. Keeping some secrets, for a reasonable period of time, is permissible, but ultimately the right of long term public oversight over government must come into play.

      Any legal proceeding that ignores these considerations is not valid.

  20. life sentance by Anonymous Coward · · Score: 0

    ...a sentence of life in prison at Ft. Leavenworth, Kan.

    At which point it's safe to declare that the US justice system is unjust, and another example of why our country is no longer worthy of the esteem it was once accorded.

  21. Explanation by schneidafunk · · Score: 1

    Actually he is being treated pretty lightly compared to what would have happened in the past. He is guilty as hell and has already admitted it. Most governments would have either shot him in the head or hanged him by now. He is military, not a civilian, and should be treated differently.

    " The imposition on servicemen of a stricter criminal law, with less due process than enjoyed by civilian defendants, is not the result of mere caprice or of any innate harshness on the part of senior military commanders. Rigid standards for the military, strictly enforced, are vital to the safety, even the continued existence, of a civil society. Soldiers undeterred by the realization that desertion and battlefield derelictions will bring prompt and drastic punishment may not provide effective defense against foreign enemies. Civil governments, whether democratic or not, are on unstable ground as long as cliques of military officers feel safe in plotting coups. Finally, few worse fates can befall a society than to be at the mercy of either hostile or "friendly" troops who are not deterred from violence by the expectation of swift trial and prompt punishment."

    http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2769&context=wmlr

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re:Explanation by Thiez · · Score: 1

      > Most governments would have either shot him in the head or hanged him by now.

      Do tell, what is your definition of 'most'? Looks like most countries don't practice the death penalty, and over half have abolished it completely: http://en.wikipedia.org/wiki/Use_of_capital_punishment_by_country#Capital_punishment_in_the_world

    2. Re:Explanation by Anonymous Coward · · Score: 0

      That list is for civilian's. those countries that have armies, don't have a problem killing their enemies via their military.

    3. Re:Explanation by Em+Adespoton · · Score: 3, Informative

      I think he's already suffered prompt and drastic punishment -- before trial. This, in violation of the UCMJ. He got the prompt punishment, just not the swift trial.

      If found guilty, he will face further punishment. However, there's at least one rule he broke that should be able to get him life in prison: he used military intel for political gain and bypassed the systems already in place for highlighting these issues first to his superiors and then to the government systems in place outside the military set up to watch it. Since the contents weren't really of immediate military value (but were of a sensitive political nature), there could be some leniency, but he left absolutely no trail of CYA or indications that he first attempted to do the right thing through legal and accepted channels (before leaking to US papers; the whole WikiLeaks issue is really overblown, as it's not so much about HIS actions as it is about Wikileaks actually doing something with the data). In short, he took informatin gained in a military setting, while employed by the military, and treated it as if he were still a civilian.

      That's no excuse for the response he got; he SHOULD have had a speedy court martial -- but because he got international politics involved, those same people who are supposed to keep tabs on the military are the ones who he really attacked with his actions.

      Summary: he goofed, has admitted it, and will face the consequences. Meanwhile, those whose failings he exposed are out for blood (or at least shutting him up permanently as an example), and so he gets to suffer through extended incarceration and a trial for more severe charges that may stick, legitimate or not.

      I think that about sums it all up.

    4. Re:Explanation by Trepidity · · Score: 2

      It's true that countries with armies have not generally renounced killing people in war, on an active battlefield. However, many of them have renounced executions, even military executions. Most European countries no longer countenance execution of either: 1) enemies caught in a non-battlefield situation, such as captured spies; or 2) their own soldiers found guilty of treason. In either case, in such countries, the maximum punishment is lifetime imprisonment.

      The UK does retain the option to execute traitors or spies, but limited only to periods in which the country is in an officially declared war. Therefore the UK could not execute a British soldier who acted similarly to Manning, since the "War on Terror" is not a declared war.

    5. Re:Explanation by I'm+New+Around+Here · · Score: 0

      > Most governments would have either shot him in the head or hanged him by now.

      Do tell, what is your definition of 'most'?

      I would think his definition of 'most' is as sensible as his definition of the phrase 'in the past'.

      Looks like most countries don't practice the death penalty, and over half have abolished it completely: http://en.wikipedia.org/wiki/Use_of_capital_punishment_by_country#Capital_punishment_in_the_world

      But don't you libs count the popular vote more important than Electoral College vote, because the popular vote is 'one man, one vote'? Check out this line from the article you linked:

      40 (21%) maintain the death penalty in both law and practice. These countries make up approximately 66% of the world's population in 2012.

      So the majority of citizens live in countries that have the death penalty and actively use it. The list of countries that have abolished it includes many small nations with low population numbers. It isn't fair that you use that number to support your stance on the death penalty, because those low-population states get extra representation in the results.

      --
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    6. Re:Explanation by Anonymous Coward · · Score: 0

      But Congress did pass a Resolution on September 14, 2001

      To authorize the use of United States Armed Forces against those responsible for the recent attacks launched against the United States.

      Whereas, on September 11, 2001, acts of treacherous violence were committed against the United States and its citizens; and

      Whereas, such acts render it both necessary and appropriate that the United States exercise its rights to self-defense and to protect United States citizens both at home and abroad;

    7. Re:Explanation by Thiez · · Score: 1

      > So the majority of citizens live in countries that have the death penalty and actively use it. The list of countries that have abolished it includes many small nations with low population numbers. It isn't fair that you use that number to support your stance on the death penalty, because those low-population states get extra representation in the results.

      Except that GP said most governments. If schneidafunk wanted to make this into a popularity contest rather than (by accident?) presenting a verifiable statement (which just so happens to be very false) perhaps they should have said so, rather than implying that most countries in the world would resort to worse barbarism than is currently practised in the USA.

      It seems the USA like to pretend they are somehow better than the rest of the world. It would be nice to see them hold themselves to standards that are equal or higher than the rest of the world.

    8. Re:Explanation by I'm+New+Around+Here · · Score: 0

      Let me clear up my earlier comment about his use of "most" governments, and what they would have done "in the past".

      past (pst)
      adj.
      1. No longer current; gone by; over: His youth is past.
      2. Having existed or occurred in an earlier time; bygone: past events; in years past.

      schneidafunk plainly said that Manning "is being treated pretty lightly compared to what would have happened in the past." Notice those last three words. They mean he is not talking about what would happen today, or even yesterday. That phrase, "in the past", means in a time that is not current. You know, the past.

      He then says what "Most governments would have" done, in the past, which would have been violent and lethal. The clear meaning is that now, in the present, as opposed to the past, most governments would not be so violent and lethal.

      I get that you don't like his position, and wouldn't like mine if you knew it. But your argument is based on either a misreading of a comment, or a disregard of the rules of grammar. Your argument isn't actually based on what he said.

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    9. Re:Explanation by Anonymous Coward · · Score: 0

      Most governments would have either shot him in the head or hanged him by now.

      The fact that it could be worse doesn't mean that what's happening now is a good thing.

      are vital to the safety, even the continued existence, of a civil society.

      Yeah, just like we need the TSA to keep us safe! Nonsensical exaggerations as usual. "Oh noes! Someone told on us because we were doing evil things! Society's going to collapse if we don't punish them severely! Honest!"

      Just another excuse to circumvent the spirit of the constitution...

  22. Big Lies by Uberbah · · Score: 3, Interesting

    Manning indiscriminately leaked an enormous amount of classified materials including details of our military tactics, names of our Iraqi and Afghan allies and spies, classified diplomatic cables revealing our diplomatic strategies etc etc.

    Which is bullshit, bullshit, bullshit, and bullshit. Respectively. No top secret documents were leaked, nor names of spies.

    Repeating Big Lies doesn't make them true. It just makes you a bigger liar.

    1. Re:Big Lies by Sarius64 · · Score: 0

      Manning indiscriminately leaked an enormous amount of classified materials including details of our military tactics, names of our Iraqi and Afghan allies and spies, classified diplomatic cables revealing our diplomatic strategies etc etc.

      Which is bullshit, bullshit, bullshit, and bullshit. Respectively. No top secret documents were leaked, nor names of spies.

      Repeating Big Lies doesn't make them true. It just makes you a bigger liar.

      Citation please? Otherwise, STFU.

    2. Re:Big Lies by elucido · · Score: 1

      Manning indiscriminately leaked an enormous amount of classified materials including details of our military tactics, names of our Iraqi and Afghan allies and spies, classified diplomatic cables revealing our diplomatic strategies etc etc.

      Which is bullshit, bullshit, bullshit, and bullshit. Respectively. No top secret documents were leaked, nor names of spies.

      Repeating Big Lies doesn't make them true. It just makes you a bigger liar.

      Yes please Cite that because I have to see evidence of a name being leaked. You said names of allies and spies. If he leaked that then it's espionage and he should get life but you haven't shown any evidence he leaked that.

    3. Re:Big Lies by Anonymous Coward · · Score: 0

      And drastically overstating your case makes you an idiot. Whether or not "top secret documents" were leaked is irrelevant to your rebuttal because the poster didn't say "top secret", he said "classified" which is not at all the same thing. The materials WERE classified, so that's at least one of your "bullshit"s that is itself bullshit.

    4. Re:Big Lies by Anonymous Coward · · Score: 0

      No top secret documents were leaked, nor names of spies.

      How do you know? Was everything classified (U//FOUO)?? I doubt it. Proper portion markings dictate that each paragraph must be marked with its classification. And once information is classified, you can't just unclassify it by redacting portions of the paragraph.

    5. Re:Big Lies by Uberbah · · Score: 1

      How do you know?

      The fact that the documents he allegedly leaked weren't classified Top Secret? It's really not that hard.

    6. Re:Big Lies by Uberbah · · Score: 1

      Citation please? Otherwise, STFU.

      That's not how this works.

      Lets say I assert that you like to set puppies on fire. Now, is it my job to prove that assertion, or your responsibility to disprove it?

      It's the job of those accusing Manning of leaking Top Secret documents - not just classified - and revealing the names of informants to back up their assertions. They've never been able to do so. And they would, if they could, which means they are full of shit.

  23. Amazing by Anonymous Coward · · Score: 0, Insightful

    I love these comments supporting what this soldier did. It's quite obvious that none of you who support this traitor understand the basics of military service, the protection of classified information, and the absolute need for the two to go hand-in-hand. This soldier took it upon himself to distribute classified information to parties that neither had the clearance nor need to know. He violated multiple articles of the UCMJ (Uniform Code of Military Justice) and other federal laws.

    Having served in the US Air Force, in a capacity where I was in contact with classified data every day, I know the level of discipline it takes to protect information. PFC Manning had legal, authorized channels he could have used to express his concerns - in regards to not only what he saw, but how it affected him. He chose, however, to assume he knew best and to distribute this information outside (and ultimately foreign) agencies. HE chose to ignore Army and DoD regulations. 20 years is a good start, but not nearly enough.

  24. Re:Well.. he did it. by oodaloop · · Score: 1

    I was hoping the 10 charges were in binary. :(

    --
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  25. Get new glasses. by geekoid · · Score: 1, Informative

    and read that again.

    It says:
    " immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.""
    Immediate notification of charges, or dismiss the charges. it say NOTHING about the speed the person charged is brought to trial.

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    1. Re:Get new glasses. by Anonymous Coward · · Score: 0

      "immediate steps shall be taken ((to inform him)....AND...((to try him) OR to ((dismiss the charges) AND (release him))))."

      I think that his how a normal person would evaluate the expression...it does say something about the speed of the trial of the individual. If the "immediate steps shall be taken" portion did not apply to "to try him or to dismiss the charges and release him," it would have to include a new subject to create a new independent clause, such as "and HE will be tried or the charges will be dismissed and HE will be released".

    2. Re:Get new glasses. by Anonymous Coward · · Score: 0

      I read it differently - the "and to try him" is tied to the "inform" clause in the same way that "and release him" is tied to the "dismiss" clause.

      [immediate steps shall be taken (to inform him of the specific wrong of which he is accused AND to try him) OR (to dismiss the charges AND release him)]

      Although to be fair, such grammatical vagaries are the meat of legal discussion.

      They were fairly immediate with informing him here, not so much with trying him. I reckon that's in breach of the above, but YMMV and IANAL.

    3. Re:Get new glasses. by Anonymous Coward · · Score: 0

      Get your own glasses checked. I think the words "and to try him" cover the trial portion. The intent is immediate notification and subsequently a trial or release. All should be done within a reasonable ammount of time.

    4. Re:Get new glasses. by BasilBrush · · Score: 5, Informative

      Is English not your first language? You do realise "to try him" means to bring him to trial. And that the "immediate steps" part also relates to that.

    5. Re:Get new glasses. by Lithdren · · Score: 1

      It seems you're the one unable to understand english. Read it again, here i'll help.

      immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.

    6. Re:Get new glasses. by BasilBrush · · Score: 1

      It still reads exactly the same no matter how you try to highlight it.

    7. Re:Get new glasses. by Anonymous Coward · · Score: 0

      Yes, "inform him of the specific wrong & try him" is one clause; The UCMJ states that they must "take immediate steps" to do that.

      They don't say that he must be "immediately tried," they say they must take "immediate steps to start the process that will lead to his trial."

      Let's be honest, if they arrested him, informed him of the charges, and tried him within weeks of his suspected leak, you lot would be screaming that he was railroaded, made a scapegoat, and that the military clearly didn't take the time to investigate fully in their rush to assign blame. No matter what the military does, in the eyes of 99% of Manning's supporters, they're wrong, and simply out to ruin someone's life.

    8. Re:Get new glasses. by haruchai · · Score: 1

      Congrats on a score of 5, Informative for a reading failure.

        immediate steps shall be taken to inform him of the specific wrong of which he is accused AND to TRY him or to dismiss the charges and release him.

      --
      Pain is merely failure leaving the body
    9. Re:Get new glasses. by haruchai · · Score: 1

      Are you a geekoid (135745) sockpuppet, or vice versa?
      You both seem to have the same difficulty with the common words AND and TRY.

      --
      Pain is merely failure leaving the body
    10. Re:Get new glasses. by budgenator · · Score: 1

      Defendants routinely waive their right to a speed trail to ensure the laywers have suficient time to mount an effective defense; imagine being arranged and facing 22 charges, with penalties as high as death and the court telling you your trial will begin nest weeks.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    11. Re:Get new glasses. by bill_mcgonigle · · Score: 1

      "But it only says they have to try, not actually do it."
          - Failed 5th Grade Reading Comprehension

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    12. Re:Get new glasses. by haruchai · · Score: 1

      +1 Funny

      --
      Pain is merely failure leaving the body
    13. Re:Get new glasses. by Anonymous Coward · · Score: 0

      Is English not your first language? You do realise "to try him" means to bring him to trial. And that the "immediate steps" part also relates to that.

      Steps WERE immediately taken. If they meant you had a right to a speedy trial they would have wrote that, and they didn't... Why do you suppose that was? Lawyers wrote that, not some grunt with a dictionary, and they knew damn well what it means, which is the military needs to have leeway in setting its priorities as to not disrupt its operations.

  26. 10 years at Leavenworth or 11 years at Twelveworth by coldsalmon · · Score: 1

    This reminds me of another military secrets trial: https://www.youtube.com/watch?v=DEabC9WzHck

  27. Different from Ellsberg/Pentagon Papers by sirwired · · Score: 2

    Now, I won't defend the Army's treatment of Manning after his arrest. But he shouldn't have been surprised he was charged with the crimes he is accused of.

    This is different from the Ellsburg case, in that Ellsberg did not have an active clearance at the time he acquired and distributed the Pentagon Papers. Bradley Manning was an active-duty serviceman, and as such was subject to the restrictions imposed on him by his security clearance. Every person with security clearance is required to sign a document stating that if you ever disclose classified material acquired in the course of your duties to anyone not entitled to have it, the government will prosecute you to the hilt. It's not an ambiguous or hard-to-understand document.

    If he had selectively disclosed evidence of malfeasance, that would be one thing, and it would make him a whistle-blower. But he did a complete data dump of diplomatic cables, much of which was sensibly-classified material, the disclosure of which was indeed harmful to national interests, both to security and otherwise.

    1. Re:Different from Ellsberg/Pentagon Papers by Flamerule · · Score: 2

      Now, I won't defend the Army's treatment of Manning after his arrest. But he shouldn't have been surprised he was charged with the crimes he is accused of.

      This is different from the Ellsburg case, in that Ellsberg did not have an active clearance at the time he acquired and distributed the Pentagon Papers.

      This false. Ellsberg had a clearance while working at DoD and then RAND Corporation, during which time he both contributed to the Pentagon Papers and later copied and distributed them. See, for example, here.

      Bradley Manning was an active-duty serviceman, and as such was subject to the restrictions imposed on him by his security clearance. Every person with security clearance is required to sign a document stating that if you ever disclose classified material acquired in the course of your duties to anyone not entitled to have it, the government will prosecute you to the hilt. It's not an ambiguous or hard-to-understand document.

      The above link explains that during Ellsberg's trial, the government did attempt to use the fact that he'd signed a security statement, like Manning.

      Beyond these details, your broader suggestion that Manning's actions were different from Ellsberg's is contradicted by no less an authority than Daniel Ellsberg himself, who has said, among other things, that "I was Bradley Manning."

  28. Worse than that by pavon · · Score: 4, Informative

    If you keep reading UCMJ 104:

    Any person who--
            (1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
            (2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
    shall suffer death or such other punishment as a court-martial or military commission may direct.

    While I believe he has a strong argument that his actions were not an attempt to aid the enemy, and a pretty good argument that his actions did not significantly aid the enemy in fact, he is going to have a hard time arguing against section 2. He did knowingly and without authorization give intelligence indirectly to the enemy.

    TL;DR: I don't think he actually aided the enemy, but I do think he is in violation of the letter of the law concerning aiding the enemy.

    1. Re:Worse than that by aeranvar · · Score: 2

      (2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

      If I were Manning's defender, I would argue that he did not either communicate or correspond with the enemy either directly or indirectly. It's pretty clear there wasn't any correspondence. Manning and Bin Laden weren't writing letters back and forth to each other. He communicated with Wikileaks. To my knowledge, Congress hasn't declared war on Wikileaks. It isn't even a foreign government. Direct communication is out, then. How about indirect communication? Well, maybe. If that's so, then any soldier appearing in the media is communicating with the enemy since section 2 doesn't actually require any information change hands.

    2. Re:Worse than that by starcraftsicko · · Score: 1

      Comma and operator delineated lists are sometimes difficult to parse in English. English Legalese is even more difficult as the commas and other operators are sometimes inferred. Please let me help.

      'Corresponds' is cleverly concealed behind an 'or' operator and is therefor not necessary to satisfy the condition.

      [Anyone who,] without proper authority, knowingly...gives intelligence to...the enemy...indirectly...shall suffer [as much as possible].

      His best defense would be that he was too... stupid... to knowingly do anything. I suppose he could argue that he was sleepwalking the whole time, but I don't think it'll work. 'Indirectly' own him here.

    3. Re:Worse than that by dywolf · · Score: 1

      when it comes to sensitive documents the "enemy" is anyone not authorized to have those documents. and there are additional rules and regulations that further refine and drive home that sentiment.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    4. Re:Worse than that by aeranvar · · Score: 1
      I recognized that corresponds is hiding behind an 'or' operator. That was my point. There are six conditions here joined by an 'or'

      1. knowlingly harbors.

      2. Protects

      3. gives intelligence to

      4. communicates [with]

      5. corresponds with

      6. holds any intercourse with the enemy [Woohoo! - kidding]

      1 is obviously not applicable here. 2 is probably not applicable. I was arguing that 4-6 weren't applicable. Item #3 depends on whether one considers Wikileaks to be "the enemy" unless one thinks that any whistleblower, by definition, is guilty of treason. If dywolf is correct in his/her response to me, I would argue an overly broad definition of the concept of "the enemy". 6 Falses joined with an Or is a false.

      I may be wrong here, though. I'm not a legal expert. Maybe there's an inferred comma I'm missing.

    5. Re:Worse than that by oxdas · · Score: 1

      This law seems quite broad. Just thinking out loud here, but if a soldier in the field gave a candy bar to a local child knowing that the child might or might not have connections to the enemy, wouldn't that be actionable under this law? It could be seen as violation of number 1, as a transfer of supplies or a violation of 2, as indirect intercourse.

      I guess that is the value of vague laws, then the powers that be get to decide when to enforce them.

    6. Re:Worse than that by starcraftsicko · · Score: 1

      1. knowingly and without authorization, harbors, either directly or indirectly
      2. knowingly and without authorization, protects, either directly or indirectly
      3. knowingly and without authorization, gives intelligence to, either directly or indirectly
      4. knowingly and without authorization, communicates [with], either directly or indirectly
      5. knowingly and without authorization, corresponds with, either directly or indirectly
      6. knowingly and without authorization, holds any intercourse with the enemy [Woohoo! - kidding (same thought here...)], either directly or indirectly

      There are really 12x OR cases here.

      If Wikileaks were the enemy, that would be giving intelligence to the enemy 'directly' (meeting condition 3).
      If Wikileaks were not the enemy, but through them the enemy ultimately obtained the intelligence, that would be an 'indirect' giving (meeting condition 3).

      I suppose he can argue that he was authorized.

    7. Re:Worse than that by HappyEngineer · · Score: 1

      If that were true, couldn't "the enemy" in section 2 be replaced by "the enemy or the public"? If read loosely enough it could be replaced by "anyone".

      Also, does "intelligence" refer to any information whatsoever? If he had leaked only the information which exposed illegal or immoral acts by the government, would that still be "intelligence" given that it would be information about our own actions?

  29. Please, u.s not a saint by Vince6791 · · Score: 4, Insightful

    This government is no different from any other government past and present including those labeled communist, they are all run by the rich, the oligarchy or what we call the capitalist. The hypocrisy "All man are created equal" and yet our government oppressed and mistreated pretty much everybody in the u.s and overseas. Has anybody in our government ever been held responsible for the atrocities they have caused overseas for the past 60 years? NO!. What about the bullshit Iraq invasion which lead to hundreds of thousands dead, in poverty, sold into sex trade, etc... We were the aggressors, we had no right to invade. Do you really think u.s did it to liberate the people from saddam especially when this country did not give a shit about the 1990's iraq sanctions which left nearly 1 million Iraqi people dead mostly children. What happens if the whole world sanctioned us, no more imports? u.s threatens everybody with nukes? probably.

    Look at the way the u.s treats it's citizens here, why was it so shocking to hear how the cia tortured the prisoners? cops can beat the crap out of you, shoot you if you run away even if you are not armed, prison is completely hell and it does not rehabilitate anyone, overzealous prosecutors. U.S is a failed ideology.

  30. Plus ça change ... by Rudisaurus · · Score: 2

    ... plus c'est la meme chose.

    Wasn't there a case something like this one back in the 19th century? Spurious accusations, suppression of evidence, unjust convictions. Some guy named Dreyfus, I think ...

    I wonder if our collective social conscience is as responsive as it was back then, so long ago.

    --
    licet differant, aequabitur
  31. White house petition by Anonymous Coward · · Score: 1

    I'm surprised there isn't a petition to pardon Manning, and open an investigation into the alleged war crimes he attempted to uncover.

  32. Re:Foolish thing to do by Anonymous Coward · · Score: 0

    Does that really matter, when talking about how the guy is treated afterwards ?
    His actions are somewhat beside the point when looking at how its dealt with: in a way that makes it hard to have much confidence in those people doing their job properly.

  33. Re:Foolish thing to do by misexistentialist · · Score: 3, Interesting

    The guy is apparently rather unstable, but he made better use of his deployment in Iraq than any of the other soldiers who brutalized random people and often came back homeless, crippled, or dead for following the rules.

  34. Enemy at the Gates by DarthVain · · Score: 1

    Threw my ass in prison.
    What were you doing in Germany, huh?
    Excuse me, says I, but it was comrade Stalin who sent me there.
    Don't bring our glorious leader into your treachery.
    Confess, spy bastard!
    Confess.
    And bang! Bang, bang, bang!
    Well, there wasn't a sickle, but there was a hammer.
    And bang.
    Knocked out all my teeth.
    That's right, boy.
    Have no illusions.
    That's the land of socialism and universal bliss for you.

  35. Unless people died as a result, no life sentence by elucido · · Score: 1

    It really makes no sense to me why he's being threatened with a life sentence. He pleaded guilty, he's going to serve probably 10 years, maybe a bit more. The life sentence is ridiculous. Espionage is ridiculous. Many cases far worse deserved a life sentence, such as Robert Hansen of the FBI but Bradley Manning was relatively low level and young.

  36. Military Oath by schneidafunk · · Score: 2

    It seems people are confusing civilian laws with military rules. He is under military oath to protect confidential materials. He knowingly broke that oath and under military law is being prosecuted accordingly.

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re:Military Oath by vux984 · · Score: 1

      It seems people are confusing civilian laws with military rules. He is under military oath to protect confidential materials. He knowingly broke that oath and under military law is being prosecuted accordingly.

      He has been charged with a couple dozen offenses. He's already pleaded guilty with respect to the protection of confidential materials.

      But the remaining charges to which he has pleaded innocent go well beyond the violation of failing to protect those confidential materials.

  37. Espionage though? That is a ridiculous charge. by elucido · · Score: 1

    Now, I won't defend the Army's treatment of Manning after his arrest. But he shouldn't have been surprised he was charged with the crimes he is accused of.

    This is different from the Ellsburg case, in that Ellsberg did not have an active clearance at the time he acquired and distributed the Pentagon Papers. Bradley Manning was an active-duty serviceman, and as such was subject to the restrictions imposed on him by his security clearance. Every person with security clearance is required to sign a document stating that if you ever disclose classified material acquired in the course of your duties to anyone not entitled to have it, the government will prosecute you to the hilt. It's not an ambiguous or hard-to-understand document.

    If he had selectively disclosed evidence of malfeasance, that would be one thing, and it would make him a whistle-blower. But he did a complete data dump of diplomatic cables, much of which was sensibly-classified material, the disclosure of which was indeed harmful to national interests, both to security and otherwise.

    I don't think even the government believes its a case of espionage. They just want to charge him with that to see if they can convict someone of that.
    You're right Manning should be punished and the fact that he pleaded guilty means he recognizes that he should be punished. That being said while I agree he has to be punished, I don't agree that he should serve more than 10 years or be charged with espionage UNLESS sources were exposed and people actually died. Robert Hanssen in my opinion was treasonous. His activity resulted in sources getting killed. Ames was even worse. That should be a hard limit.

    Did Bradley Manning get any sources killed? Were names leaked? How much damage did his leak cause beyond embarrassment? His charges should be based on that damage. So far we haven't heard of anyone getting killed. It's not like the Plame case.

    1. Re:Espionage though? That is a ridiculous charge. by dywolf · · Score: 1

      Assange played him exactly the way a CIA or KGB handler would play his assets. it was textbook.

      And when the stuff hits the fan over espionage, it tends to get on everyone. Assange definitely committed espionage, and if he was a state actor, no one would hesitate to call it that. Manning gets hit iwth it cause he aided and enabled to occur, even if he wasnt the driving force behind it.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    2. Re:Espionage though? That is a ridiculous charge. by elucido · · Score: 1

      Assange played him exactly the way a CIA or KGB handler would play his assets. it was textbook.

      And when the stuff hits the fan over espionage, it tends to get on everyone. Assange definitely committed espionage, and if he was a state actor, no one would hesitate to call it that. Manning gets hit iwth it cause he aided and enabled to occur, even if he wasnt the driving force behind it.

      But it's not the same. Witting or unwitting. Willful or unwillfull. Julian Assange also didn't do anything to play Manning like a handler. The two never met, and as far as I know never directly communicated. A handler actually would know Bradley Manning, but Bradley Manning exposed his identity to Adrian Lamo on purpose and prior to that no one knew who he was.

      So in that I don't think he was witting. I also don't think Julian Assange is some sort of spymaster because he's not working for a specific government that I know of nor does he seem to operate the way a KGB or CIA would. He's not blackmailing people for information, he's not threatening peoples families, he's not tricking people. People are giving Wikileaks information because in a lot of cases there really is injustice and they have no one to give it to.

      I don't think the Cablegate information was about injustice though.

    3. Re:Espionage though? That is a ridiculous charge. by 0111+1110 · · Score: 1

      You're right Manning should be punished and the fact that he pleaded guilty means he recognizes that he should be punished.

      Are you really that naive?

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    4. Re:Espionage though? That is a ridiculous charge. by elucido · · Score: 1

      You're right Manning should be punished and the fact that he pleaded guilty means he recognizes that he should be punished.

      Are you really that naive?

      He could have fought it. His case was fairly strong as they didn't have the best proof he did all that. The logs wouldn't really make the best evidence.

      That said I think he wanted to get caught and be punished. That is why he turned himself in to Adrian Lamo. Unless he was that naive and if he was naive enough to think like that then yeah I do think he's naive enough to continue being that naive.

  38. Re:Illegal thing to do by elucido · · Score: 2

    He deliberately aided and abetted an enemy.
    His trial and execution should have been a done deal 2.5 years ago.

    What enemy? Execution? Manning didn't take the names of sources to Iran and even then it probably wouldn't have got him executed when Robert Hanssen did something similar to that and he's not getting executed and Aldrich Ames did something exactly like that and he isn't being executed. Those guys were high level while Manning was a low level officer if that. He doesn't have the same level of responsibility and a lot of this is the result of giving him more classified access than he reasonably needed to have for his service. I can't figure out why he had access to so much.

  39. Re:Foolish thing to do by elucido · · Score: 1

    Most seem to consider him a hero but the guy had to know he would likely face life in prison and for what? What injustice did he undo? He embarrassed some powerful people and got his name in the paper. We aren't exactly talking about outing the military over a massacre. He passed on a bunch of files to Wikileaks without knowing the content so he had no idea what damage it would cause so it was irresponsible at best. I think government secrecy is obscene since most of the secrets are already known to foreign powers it's mostly about keeping the information from the American people. I think stealing secrets without a clear purpose is a stupid thing to do. If he was trying to correct a wrong I might agree with his supporters. I think it was more about ego than doing good. He just threw away his best years over this which was a foolish thing to do.

    I actually agree with you, but does he really deserve life in prison for embarrassing powerful people? His sentence is extraordinarily harsh. His treatment is extraordinarily harsh. He's being threatened with espionage which is completely inaccurate unless he leaked a list of source identities and they all got killed.

  40. Re:Well.. he did it. by AK+Marc · · Score: 1

    People fight all the time with the "I didn't do it, but eve if I did do what you acuse me of for charges 1-10, that would exonerate me from charges 11-22." There is no "high moral ground" in a court martial.

  41. Your post clarifies a lot. by elucido · · Score: 1

    The big revelation is that he also gave the documents over to US agencies first. Aiding the enemy my ass, he went to Wikileaks after the New York Times (which Daniel Ellsberg used for the Pentagon leak) and other news agencies that didn't follow through.

    If he indeed did give the information to US agencies first then that is conclusive evidence that he was not committing espionage. That doesn't mean he should have leaked, it just means something went wrong somewhere.

  42. All diplomatic communication is classified by Sycraft-fu · · Score: 1

    So sorry, it was all secret. Maybe you think it shouldn't be, but it is. It is all classified by default since the government understand that the diplomats must be able to talk freely among themselves to effectively do their job.

    1. Re:All diplomatic communication is classified by jafac · · Score: 1

      right, because it would have been awfully embarrassing to find out that we were shoveling money into the pocket of the dude who was protecting bin Laden for 5 years. . . .

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    2. Re:All diplomatic communication is classified by Uberbah · · Score: 1

      So sorry, it was all secret. Maybe you think it shouldn't be, but it is. It is all classified by default since the government understand that the diplomats must be able to talk freely among themselves to effectively do their job.

      Could you have a less relevant response? No one was saying the documents Manning allegedly leaked weren't classified - that's your straw man. The point is that is that willfully ignorant authoritarians have been spreading myths: that the documents were Top Secret and that the names of informants were revealed.

  43. Just cruel people exploiting a kid by Anonymous Coward · · Score: 0

    Totally surreal. It's obvious it was a kid posting stuff for the coolness of exposing the dirt of the evil and all powerful US Army, that was the fantasy on his mind.
    It was suposed to be cool, not handled like that, like a criminal and lawyers and all that toughness.
    The army is indeed a criminal for keeping Bradley under arrest and this kind of violence. This bullies (Armies, judges, prosecutors, lawyers, military complexes) are something that the world would be better without. The truth is simple... he was just a kid, playing spy games, and is now beeing exploited to give an example by pure evil people that exists only to exploit human misery.

  44. Good on him for owning up-now it's the JAG's turn. by Anonymous Coward · · Score: 0

    I'm glad he took responsibility for his actions. Hopefully the JAG will realize that (up to) 20 years is enough, and drops the remaining charges.

    And hopefully he only ends up serving toward the lower-end of his sentence.

    I've been a firm believer that while the data release was generally a good thing, he does deserve punishment, as he knowingly and willingly violated his oath as an Army soldier.

  45. Bradley Manning by DaMattster · · Score: 4, Insightful

    Bradley Manning is the victim of scapegoating and political posturing. I should think that one of the highest forms of patriotism and love for one's own country is to blow the whistle when bad things are happening. Manning cared so much for his country and was obviously so troubled by what it was doing that he felt the need to speak out. Manning is one brave soldier because he fought the enemy within.

    1. Re:Bradley Manning by Dan667 · · Score: 2

      Manning is a victim of nationalism.

    2. Re:Bradley Manning by Wolfling1 · · Score: 1

      I'm not sure which is the greater humiliation for the U.S...

      That their security is so weak that he could do it at all...
      Or the war crimes that he revealed...
      Or the manner in which they have treated him since...

      Regardless, he has won a massive moral and ethical battle against the corruption of the U.S. military. It is sad that he will live out his remaining days battling PTSD and depression as a result of their conduct. It makes the rest of us wonder if his victory was worthwhile... and that's exactly how the U.S. military wants it to be.

      In a first world country, he would be released on the grounds of 'abuse of process'. In a first world country...

    3. Re:Bradley Manning by dave420 · · Score: 1

      And yet all three have happened, which has only served to make the US government look absolutely ridiculous: running around in a fit of pique screaming and crying at being called out for being systematic assholes.

    4. Re:Bradley Manning by Anonymous Coward · · Score: 0

      Eh? WTF would he be a scapegoat for?

  46. I stand corrected by sirwired · · Score: 1

    You are correct. I knew Ellsberg worked on the Pentagon Papers, but I thought that he obtained a copy through other sources after he left RAND.

    However, in any case, the Pentagon Papers were not a "data dump" of a gigantic pile of government secrets. This makes for a rather more sympathetic case for Ellsberg.

    In addition, if not for the blatant misconduct of the US Government, it is highly probable Ellsberg would have been found guilty.

  47. Military here by Firethorn · · Score: 5, Informative

    I'm a Technical Sergeant(E-6) in the USAF. I'm a 'non-commissioned officer', or NCO. I did not accept a commission, I enlisted. At a very vague level, commissioned officers are all approved/commissioned by congress(it's a massive list buried somewhere). My rank is not dependent upon that.

    Article 133 is completely irrelevant to me. My boss, a 1st Lt. (O-2), can be court-martialed under that clause, I cannot be. Articles 92&134 are generally the catchall of choice for enlisted personnel.

    --
    I don't read AC A human right
    1. Re:Military here by dwillden · · Score: 3, Interesting

      Actually they are commissioned by the President not congress. They serve at his discretion and act by his permission. That is why he is the Commander in Chief not congress. http://en.wikipedia.org/wiki/Commission_(document)#United_States

      --
      I'm too lazy to compose a creative sig.
    2. Re:Military here by Anonymous Coward · · Score: 0

      Correct. However, promotion of an Officer to O-6 (Colonel) and above must be confirmed by Congress.

  48. The Constitution by PapayaSF · · Score: 2

    The Constitution may not be perfect, but it's better than what we have now.

    --
    Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    1. Re:The Constitution by rajafarian · · Score: 1

      I'm gonna steal that quote, thank you very much.

  49. Lesson learned... by Anonymous Coward · · Score: 0

    If you put yourself in danger in the service of the people against the powers that oppress them, don't expect to be thanked.

  50. It's still worse for officers by Firethorn · · Score: 1

    And by the way, if you obey an unlawful order, you're held every bit as responsible as if you acted alone, but so is the officer who gave you that order.

    It gets even worse for the officers - not only can they be held liable for any unlawful orders they give, they can also be held liable for the actions of the soldiers under them, even if they have no knowledge of the actions of said soldiers.

    --
    I don't read AC A human right
    1. Re:It's still worse for officers by Bearhouse · · Score: 2

      Ahem. As a former officer, permit me to say that if you don't know, trust and have control over all your team, then you do not deserve to be one. Now I'm a manager; funny, same thing still applies...

  51. Show me where it says that by Anonymous Coward · · Score: 0

    In all of Title 10 Subtitle A Part II Chapter 47. I think you just made this up.

  52. If he had been caught red handed ... by Anonymous Coward · · Score: 0

    If he had been caught red-handed exfiltrating data from a classified network, his commanding officer could have executed him on the spot for treason during war. He should consider life in prison a gift.

    1. Re:If he had been caught red handed ... by Anonymous Coward · · Score: 0

      fuck you bitch and may you get in life what you deserve. Mannning is one of the awesomest heroes this country has ever known

  53. Civil disobedience lauded at the Capitol by Anonymous Coward · · Score: 1

    Another fighter for civil rights was lauded today by the President. Decades ago Rosa Parks defended civil rights by breaking the law and now a statue is unveiled on Capitol Hill.

    We should pay tribute to persons defending the civil right of the People to control the government.

  54. The guy deserves a medal by Anonymous Coward · · Score: 0

    Secrecy is the harbor of the incompetent, dishonest and corrupt.

    I completely support operational secrecy, for a SHORT period of time, but otherwise we need to keep an eye on what the government and military are doing - because what we have seen is that the reasons we fight wars are not the ones we are told - and there's a shitload of snake oil salesman stuff going on...

  55. what world do you people live in? by skoony · · Score: 0

    kill americans without due proccess? hell yea,if there camped with the enemy. 22 years in prison? out of line,considering they did'nt get his confederates.(the ones that talked this niave kid into it.) and lets not forget his superiors that dropped the ball.off scott free. regards skoony

  56. Thank You, Bradley Manning by Geste · · Score: 2

    It's difficult not to be ambivalent about some figures when it won't likely be possible to know all the facts for some time (if ever). In the Wikileaks realm , you might ask: What were Manning's motives? Does that matter? Has Manning caused harm? Has anyone demonstrated that? And Julian Assange. Nice guy or egotistical jerk? Does that matter? Is he a rapist or has he been set up? That matters, and I'd put the odds at 60-to-40 on the latter (an orchestrated extradition), but it is hard to hero worship when the odds are so poorly grounded in current-day fact.

    That being said I want to thank Bradley Manning and Julian Assange.

    I think my country (the USA) has been, for quite some time, suffering from what I would call "Band-of-Brothers Syndrome" or maybe "Private Ryan Disorder" where many folks have become content with the notion of American exceptionalism and the belief that our motives are pure. A few rough spots aside, we are the Spielbergian Good Guys.

    To me, one antidote to "BBS" or "PRD" would be to have a required reading and viewing list for those so afflicted. It would certainly include Bilton and Sim's Four Hours in My Lai (http://en.wikipedia.org/wiki/Four_Hours_in_My_Lai) and now the very recent Kill Anything That Moves (http://killanythingthatmoves.tumblr.com/). But to be up to date it would most certainly need to include Wikileaks' Collateral Murder as required viewing. Based on my informal polling, an astonishing number of Americans, many of them suffering from BBS, have not seen this crucially important film. And they'd never have a chance of viewing this corrective if not for Bradley Manning.

    So I want to thank Private Manning. Leavenworth is not a fun place and I suspect that you will be made to pay a very high price, regardless of your motives. I don't know that I admire you. But you have made a key contribution to an improved understanding of what our country can often be about. Thanks for that.

  57. Re:Foolish thing to do by Anonymous Coward · · Score: 0

    Most do not. It might be split but thats about it. Get out of your echo chamber of supporters.

  58. er, he could probably have had one by Anonymous Coward · · Score: 0

    You can indeed file the papers to get your trial fast-tracked (some defendants have done this as a tactic when they and their lawyers believed the prosecution was ill-prepared), but it's often the defendant who causes the delay either to get time to gather material/witnesses or to allow the case to "cool-off" a bit so the potential jury pool will be less inflamed etc. There's no law that requires the party that is slowing the thing down to either admit to doing it or publicly not complain about delays..... so sometimes the defendant will slow things down behind the scenes (or just not act to speed things up) while publicly complaining about the lack of a "speedy trial"

    Any time you hear somebody complain about a slow legal process, you should be aware that (if you do not have ALL the facts) you might be being manipulated by the complainers (prosecution OR defendant). This is unaffected by whether your politics align with the complaining party.

  59. Who said anything about "outside the country"? by Anonymous Coward · · Score: 0

    I'm no Ron/Rand Paul supporter.....BUT.... Rand is holding-up some activity in the senate (an appointment, if I recall properly) purely because the Obama administration refuses to say whether it believes it has the right to use a drone to kill an American citizen (who is not engaged in hostile acts at the time, for example while sitting in a diner) within the Unites States. Apparently, the Obama people think they can turn a person into a fresh pile of tripe by remote control anywhere on Earth w/o due process and without regard to citizenship or level of activity.

    Move along... nothing to see here.... we're outraged that Bush had the CIA pour water on the faces of 3 terrorists at Gitmo....

  60. Stop listening to Al Sharpton and get educated by Anonymous Coward · · Score: 0

    The 3/5ths clause was explicitly for the counting of population for the apportionment of congressional seats (so the slave states would not get a majority in congress by counting all their slaves at re-districting and census times, while denying slaves voting rights at election time). At was a compromise to get the slave states to join the union (so we could have a country) while NOT allowing slavery to spread.... it was an ANTI-SLAVERY measure.

    Actual Article I Section 2 text:

    ...Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. ...

    NEVER absorb propaganda when the truth is freely available

    IF you were educated by non-unionized teachers (i.e. not indoctrinated into the Democrat party) then you also would have noticed that the "three-fifths" text only applies to slaves (i.e. it never says "blacks", and it is referring to non-free persons). ALL black people in the non-slave states (most of the states) have ALWAYS counted as full persons

  61. Democrats are consistent by Anonymous Coward · · Score: 0

    The twisted evil scheme: Import lots of dark-skinned largely-illiterate (in English, the language needed for success and upward mobility within the US) people from the third world to use as cheap labor and to count for the apportionment of congressional districts...

    Democrats did it with blacks for the first 100+ years (Note: NO REPUBLICAN IN US HISTORY OWNED A SLAVE)

    Democrats have been doing it for decades with hispanics

    Dunno what they'll do next.... perhaps it's why so many Dems are so eager to find space aliens ;-)

  62. Stop blaming Iraqi-on-Iraqi deaths on the US by Anonymous Coward · · Score: 0

    If you blame all the bloody Shiite vs Suni violence on the US then I presume you also blame the allies for all the people who died in the Holocaust? Just because some violence occurs in a war zone, it does not mean you get to blame it on one side or the other (and particularly NOT on the side NOT involved in it)

    Also, STOP counting enemy MILITARY losses as though they were just innocent civilians. The guys in uniform on the "bad guys" side who die are always blamed on the "bad guy" side. We do not cry over the innocent NAZI soldiers massacred by the nasty Americans and Brits... we celebrate the destruction of the NAZI war machine and regret the necessary losses of men on the German side in WWII while laying the blame for those losses at the feet of herr Hitler

    1. Re:Stop blaming Iraqi-on-Iraqi deaths on the US by dave420 · · Score: 1

      It's rather easy to blame the US when the US created the power vacuum which let the violence happen in the first place, using lies to justify its actions. Your comparison with the holocaust and Nazi Germany is pathetic.

  63. Re:Gaol time by Anonymous Coward · · Score: 0

    It would be nice if they quit isolating and torturing him, at least.

  64. They'll find something and kill that boy. by Anonymous Coward · · Score: 0

    They have to.

  65. Leftist propaganda site by Anonymous Coward · · Score: 0

    They count all the deaths in Iraq and blame them on Bush/USA/Blair/Britain etc. and are still adding bodies to this date.... to try to keep pumping their US-and-Allies-are-BAD narrative, BUT they have no accounting for all the deaths that occurred under Saddam Hussein, whose madness was permanently ended by that war. With every year that passes, there are many people alive in Iraq who would have been killed by Saddam were he still in power and MANY people (particularly in areas like the northern third of the country) who are more free than they would have been were Saddam still in power

    That site has ZERO credibility as an un-biased source of information.

    If this were WWII, they would have counted all the dead people in Germany and Poland... and implied or explicitly said that it was all the fault of Churchill and FDR.... and they'd still be accumulating deaths of civilians from criminal acts in Germany in, for example, 1948 and adding them to the count blamed on the allies

  66. Re:Well.. he did it. by Anonymous Coward · · Score: 0

    I could see the defense insisting that to have aided the enemy, one would need to define what that enemy is. The declaration that Congress is using to justify removing habeus corpus and other rights from US citizens only names "terrorism" as the enemy. From various perspectives, many groups now considered "good" engage in the practice. Surely they can't claim it's a war on Wahhabi Islam (which the Saudis fund) or some other blanket definition like fundamentalist Islam...

  67. Grow a few more brain cells by Anonymous Coward · · Score: 0

    "Dick Cheney is by far the easiest to go after: Torture of prisoners, specifically waterboarding, which the US declared a crime against humanity when the Japanese did it to our soldiers. Evidence: He announced that he'd done so on national television."

    Different. First, the US used the "waterboarding" charge (for a different form of waterboarding) as a lesser-and-more-palatable charge against men guilty of much worse (like cannibalism, biological and chemical warfare experiments on prisoners, etc) in post-WWII Japan because we needed to not inflame the public in the US against a Japan we were trying to re-build into an ally for the cold war. Furthermore, journalists have paid people to waterboard them so they could do sensational anti-Bush anti-Cheney stories. No journalist pays people to ACTUALLY torture him... i.e. Gitmo-style waterboarding != torture

    "George W Bush: Probably torture as well. Aggression (attacking a country without reason to believe that country is attempting to attack you), which we killed several Germans for doing at Nuremberg. Ordering the bombing of civilian targets in Iraq."

    BUT your act of stupidity is included right there in your own words: Bush actually DID have reason to believe... as did many of our allies (some of whom provided evidence to Bush that helped convince Bush). We did not kill anybody at Nuremburg for fighting against the allies because they believed the allies were going to attack. Further, Bush did NOT order the bombing of "civilian targets" (in the traditional sense where this meant intentionally targeting homes, religious facilities, hospitals, grocery stores, etc) Civilian infrastructure which supports military action (like communication facilities, bridges, and power plants) have always been legitimate under the rules of war.

    "Barack Obama: Ordering "double-tap" drone strikes [independent.co.uk], where a strike occurs, and 15-20 minutes later a second strike occurs that kills anyone who tried to save the wounded from the first strike. Ordering drone strikes on funerals, which is specifically prohibited."

    You got me on this one; Obama is indeed ( IF reports about double-tap strikes are true ) guilty of war crimes and, unlike Bush or Cheney, actually SHOULD be off the the international war crimes tribunal.... oh, but wait, he's a Democrat.... and he's black.... and he has a Nobel prize.... and he's for gay marriage.... and he's for taxing big oil and stopping global warming..... it's all good. move along... nothing to see here....

  68. Revenge? by ZenDragon · · Score: 1

    Fact of the matter is, he did something illegal. It's irrelevant whether we agree with him, are on his side, or not, he should expect some punishment for his actions. Although I am somewhat glad the blew the top off of this one because it is at least a start to holding the government accountable for some of their actions. However, I think the espionage and aiding the enemy charges are complete bull shit. It is blatantly clear that was not the intent. That is just some embarrassed politician taking out some deep seeded need for revenge on him to set some kind of example. I'm not trying to defend the guy, but come on, don't let them start making shit up to make it look worse than it was.

  69. US vs China propaganda and their ideas of justice by ex0duz · · Score: 1

    This is how powerful the US's propaganda machine is. It's "acceptable" as "justice"(i assume that means you guys think it's "JUST") because he's part of ANOTHER SYSTEM(military). That's also why we should not worry about their use of force and justifications for assassinations and torture.. even though we pay for it all..

    "He joined up voluntarily" you say.. and "he should have known the rules and what would have happened for doing what he did".. and perhaps that's true(but if it is true, then i just can't help but respect him MORE, i guess i have lots of idiot blood running in me, although it's different to the G.W.Bush type of blood). Don't even worry about how many join just for the money, for something 'fun' to do compared to a normal boring 9-5 job(and that's IF they can even get that.. probably not a job they enjoy and without any benefits whatsoever let alone ones that come with you having worked/killed to protect "The man" and the current system of exploitation in which "The Man" does most of the exploitation so obviously "The Man" wants to keep things the way they are.. obviously non team players like Manning should be kicked out and punished with life in jail, torture, public humiliation and character assassination(since they cannot do the other without risking making an actual martyr out of him(right now he's looking set to go down in history as a scumbag traitor if he's even to be remembered/mentioned, since he's not even in the public consciousness anymore..), and because they are thinking that it's the only way out of poverty for them, and recruiters are signing up basically kids just fresh out of high school..

    Don't even talk about the whole situation is fair or not(the recruiting process), and just where most or a lot of of the recruits come from and what demographic they 'target'.. because we know only the brightest and best are going there, and they are all doing it because of ideology.. and for the glory and honor... of being able to pilot drones and double tap kids finding their parents to not be moving and bleeding out everywhere.. or the other way around like in the video Manning shared with us, which is where i first saw the 'double tap strike' in all it's initial glory), because he voluntarily signed away any and all human rights he might of had when he accepted the 'job'.

    It's his own fault for having a conscience and trying to do anything.. he really should have known better, so he doesn't even deserve any sympathy whatsoever for trying to help us because he's just an 'idiot' who went about it the wrong way. He made a wrong decision in life by deciding to fight for what he believes in was right. Had he been smart like us, he would have calculated the odds of 'winning', realized it was impossible without dying or being fucked up, and then go back to watching pr0n and tossing off instead and continue to work for the system you don't believe in and to keep perpetuating these things and to overlook current offenses. That's the smart thing to do. That's the only way you'll get sympathy from the rest of us who learned how to play this game(and be successful, unlike that loser Manning who already lost).

    Not one 'significant' demographic would rep Manning right now in the US. The propaganda machine is too great. They would also be signing their death sentences, and they should all know better and if they did anything, they also had it coming, am i right or am i right? This has been re-inforced since 2001, and backed up with force regularly and with more frequency since the 'OWS movement'..

    I mean, it's like i feel that if something similar happened in China(Chinese people AND the Gov) would back him up if he exposed(key word, EXPOSED, since they would probably try to limit exposure too initially) all this incompetence, corruption and cover ups..

    I mean, if the cats already out of the proverbial bag already(which i assume it is), usually something will be done and heads will roll if something like this is exposed(even if Mannings were also to r

    --
    All these moments will be lost in time, like tears in rain..
  70. Good by Anonymous Coward · · Score: 0

    Good... let the little treasonous faggot hang.