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Bin Laden Raid Member To Be WikiLeaks Witness

the simurgh writes in with the latest in the court-martial of Bradley Manning. "A military judge cleared the way Wednesday for a member of the team that raided Osama bin Laden's compound to testify at the trial of Pfc. Bradley Manning charged in the WikiLeaks massive classified document leak. Col. Denise Lind ruled for the prosecution during a court-martial pretrial hearing. Prosecutors say the witness, presumably a Navy SEAL, collected digital evidence showing that the al-Qaida leader requested and received from an associate some of the documents Manning has acknowledged leaking. Defense attorneys had argued that proof of receipt wasn't relevant to whether Manning aided the enemy, the most serious charge he faces, punishable by life imprisonment. 'The government must prove beyond a reasonable doubt that the intelligence is given to and received by the enemy,' Lind said. The judge disagreed."

144 of 212 comments (clear)

  1. Surveillance by drinkydoh · · Score: 5, Interesting

    The mass surveillance and mass interception that is occurring to all of us now who use the internet is also a mass transfer of power from individuals into extremely sophisticated state and private intelligence organizations and their cronies like Google. The Pentagon is maintaining a line that WikiLeaks inherently, as an institution that tells military and government whistleblowers to step forward with information, is a crime. They allege we are criminal, moving forward. Now, the new interpretation of the Espionage Act that the Pentagon is trying to hammer in to the legal system, and which the Department of Justice is complicit in, would mean the end of national security journalism in the United States.

    1. Re:Surveillance by captainpanic · · Score: 4, Insightful

      True. And it is happening right under all your noses, and the press is still able to report on it, so it's not like you are all caught by surprise... and despite the fact that you can all vote in a democratic system, this has been going on for well over a decade now.

      Americans, you've got nobody to blame but yourselves.

    2. Re:Surveillance by game+kid · · Score: 4, Insightful

      and the press is still able to report on it

      ...for now.

      --
      You can hold down the "B" button for continuous firing.
    3. Re:Surveillance by abigsmurf · · Score: 2, Insightful

      There's a big difference between 'whistleblowing on a crime' and 'leaking every single thing you have access to in the hope that some of it may be criminal'.

    4. Re:Surveillance by elloGov · · Score: 3, Insightful

      This is far-fetched and paranoia until it happens to you. :) Truth is that we live under a totalitarian regime with some privileges. Our ongoing maltreatment of foreign people should have been a warning, now they are coming for us. No conspiracy here, man's self-perpetuating thirst for power has brought us here. My advice is to never grab the attention of your government and it's long-reaching arms. Stick to the masses and stay low.

    5. Re:Surveillance by firecode · · Score: 1

      The amount of surveillance that is happening in internet is probably massive. All information in internet that passes through USA borders is captured by NSA to begin with and this is probably just the tip of the iceberg (echelon..).

      It is likely that many big governments are doing large scale surveillance in internet and collecting data about individual's actions and the global state of the mind through internet (analysing forums, conversations, maybe emails in order to follow patterns in mental state of the population). It is interesting that most of the data traffic in internet is still unencrypted - probably because people in power want it that way.

    6. Re:Surveillance by Anonymous Coward · · Score: 1

      There's a big difference between 'whistleblowing on a crime' and 'leaking every single thing you have access to in the hope that some of it may be criminal'.

      If you want private information, fund it yourself.
      If you use taxpayers money the taxpayers have a right to know everything, including when you take your coffee breaks.

    7. Re:Surveillance by bhcompy · · Score: 1

      Where does it say that in the Constitution?

    8. Re:Surveillance by abigsmurf · · Score: 1

      Your point? Those weren't from Manning, nor were they published alongside thousands of other documents.

    9. Re:Surveillance by __aaltlg1547 · · Score: 1

      Now, the new interpretation of the Espionage Act that the Pentagon is trying to hammer in to the legal system, and which the Department of Justice is complicit in, would mean the end of national security journalism in the United States.

      No such thing. If information is published, it will be foreseeably received by the enemy, whoever the enemy might be. Besides, it's still a crime and has been for many years to disclose classified information to any person not authorized to receive it. Just because the press got a pass in the past in some high-profile cases does not mean that law has been struck off the books.

    10. Re:Surveillance by sl4shd0rk · · Score: 4, Insightful

      There's a big difference between 'whistleblowing on a crime' and 'leaking every single thing you have

      Unless "everything you have" is so illegally outrageous that the story needs to be told.

      Furthermore, If Manning is going to be held accountable for information Al-Queda obtained, then the Pentagon and CIA should be held accountable in the same fashion when an unencrypted laptop with sensitive dat is lost, or a website database is compromised* due to gross negiligence. Right now, the only consequences are "whooops, lol sorry bro. have a free 6-month credit inquiry"

      * http://idealab.talkingpointsmemo.com/2012/03/nasa-inspector-gen-says-stolen-laptop-contained-space-station-control-codes.php
      http://arstechnica.com/uncategorized/2007/02/8821/
      http://abcnews.go.com/blogs/headlines/2007/02/hundreds_of_fbi/
      http://www.theregister.co.uk/2008/12/01/malware_pentagon_usb_ban/

      --
      Join the Slashcott! Feb 10 thru Feb 17!
    11. Re:Surveillance by digitalchinky · · Score: 4, Insightful

      As a former secret 3 letter agency drone I'd like to point out that the internet is the metaphorical iceberg. Time to loosen the tinfoil I think : ) Your 'probably' may (or may not) scale more appropriately as the tip of the tip of the iceberg. Some perspective; A single satellite can relay several thousand unique transmissions. A single piece of fiber can convey orders of magnitude more data again. How much data do we push around daily, not just via the internet, but all networks combined? The NSA has a finite budget, a finite number of people, finite capability, finite everything.

    12. Re:Surveillance by Anonymous Coward · · Score: 1

      Yes, but if you're one of the unlucky people the government decides to harass, you're out of luck. The government harassing other people than myself doesn't give me even a bit of comfort.

    13. Re:Surveillance by Reschekle · · Score: 5, Insightful

      The problem though is that the NSA has been caught red-handed on multiple occasions. Then we hear about NSA's massive new data center that is under construction. So we want to know what they're up to and what they're doing. They won't tell us. The courts refuse to do their jobs when we try to sue and discover the information. Even NSA's budget is a state secret. So maybe what the NSA is doing is totally above board (or maybe not) but they refuse to have any level of accountability so as far as I am concerned, and many other people are concerned, they are guilty until they can prove their innocence.

      Given the history of our government misusing its powers, I don't think it is unreasonable at all to assume that the NSA is up to no good.

    14. Re:Surveillance by Anonymous Coward · · Score: 2, Interesting

      Americans, you've got nobody to blame but yourselves.

      No, there is a bit more to it than that.

      Rigged elections, for one.

      The average person doesn't have the power to stop this machine even if
      he or she were perfectly willing to sacrifice his or her life. And frankly, since
      most of the people who live in the US are pieces of shit, why should anyone
      even care. I am an American and I am disgusted by most Americans and their
      selfishness and idiocy. The show will go on, and no one will stop it.

      Here's the REAL bottom line : the world is changing, and no civilized country
      will in reality offer significantly better government or living conditions for
      a middle class person than the US does. The whole world is a cesspool now,
      so you may as well get used to the smell.

    15. Re:Surveillance by bhcompy · · Score: 1

      It wasn't snark. The fact that it doesn't say it means that it could be the case if a law were drafted so. The Freedom of Information Act was drafted to accomplish this desire, yet it is limited in what is considered "free information". The data leaked definitely was not covered by FOIA. To say we have the right to know everything is false

    16. Re:Surveillance by captainpanic · · Score: 4, Informative

      It is not about sacrificing... it's just casting your vote. There are already 3rd party options... just vote for them.

      As for the cesspool... I am pretty pleased with my west-European country and my government. It isn't perfect, but it's pretty good. You're welcome to have a look, and we don't even ask you get a visa for that. Just hop on a plane.

    17. Re:Surveillance by jkflying · · Score: 1

      Those that were actually classified for a good reason were just "collateral damage", they were entirely unintentional. All in the name of democracy. That's the justification the military gives, right?

      --
      Help I am stuck in a signature factory!
    18. Re:Surveillance by s.petry · · Score: 1, Informative

      It does not need to state it in the Constitution. The US Government was founded as a Republic. If a citizen can not determine what the Government is doing, there is no Republic. The Government becomes some other form of Government.

      If you are not clear about my statement, I'd recommend you go study what a Republic is. Why not go to the source and study Plato's Republic!

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    19. Re:Surveillance by feynmanfan1 · · Score: 3, Interesting

      Also see Jane Harman, U.S. congresswoman, who was taped making a deal with the Israel lobby to influence the "Justice" department on the Lawrence Franklin espionage case. Franklin was found guilty of passing top secret classified documents about U.S. policy on Iran to Israel and sentenced to over 12 years in prison. His sentence was later reduced to only 10 months house arrest. Bradley Manning on the other hand is only accused of handing over secret documents, no top secret ones, to wikileaks and yet is facing far more severe punishment and his motives are arguably to expose illegal acts rather than to aid a foreign power. A clear example of double standards in the U.S. "justice" system.

    20. Re:Surveillance by bhcompy · · Score: 2

      It's easy to determine, actually. Fighting a war. There is no requirement for "open government" in a Republic.

    21. Re:Surveillance by gmuslera · · Score: 1

      They don't need to monitor "the internet", few local points have good portion of all communications, if the private companies that handle that traffic do a lot more with it than just plain storing, then those 3-letter agencies can do it, and better . And they don't need to have people to watch all over it, pattern matching could do both online and offline searches to pick "interesting" traffic, and then focus on people (is not that there are'nt examples that they are actually doing it)

      Probably they don't monitor/store "noise" (i.e. images, video and other binary formats that adds most of the traffic, and probably they don't focus in encrypted communications like https or vpns unless something calls their attention), but they surely have the resources to monitor all the rest.

    22. Re:Surveillance by phantomfive · · Score: 1

      Unless "everything you have" is so illegally outrageous that the story needs to be told.

      Except it wasn't.

      --
      "First they came for the slanderers and i said nothing."
    23. Re:Surveillance by Atrox666 · · Score: 1

      Corporate press has an obligation to corporate profit not public service.

      This is why it's useless as a fourth branch of government.

    24. Re:Surveillance by dryeo · · Score: 1

      Where does it say in the American Constitution that Congress can pass laws limiting speech? I'm aware of the 1st amendment which is pretty simple and bans Congress from limiting speech and I don't know of any later amendments that create exceptions.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    25. Re:Surveillance by Isaac+Remuant · · Score: 1

      May I ask where do you reside?

      --
      "Science can amuse and fascinate us all, but it is engineering that changes the world. " - Asimov.
    26. Re:Surveillance by wiredlogic · · Score: 1

      Unless "everything you have" is so illegally outrageous that the story needs to be told.

      It wasn't. Manning just copied everything indiscriminately. There's no way he was even capable of sifting through what he had taken to know what the juicy bits were. There's no way to justify what he did as being "for the greater good".

      There is an often ignored matter of why Army security procedures were so lax that it was possible to use writable media on what should have been a locked down network. If this has happened at a DOD contractor site there would be massive fines handed down and the possibility of prosecution for those who left the holes in place but somehow when these lapses happen in the military itself they can just be swept away lest anyone's career path be jeopardized. The lapdog press has conveniently ignored bringing that to public light.

      --
      I am becoming gerund, destroyer of verbs.
    27. Re:Surveillance by s.petry · · Score: 1

      Absolutely incorrect. The only lie allowed in the Republic is "The Noble Lie". By Socrates' definition, this was extremely small and only intended to put people on the right path to performing civic duties as guardians of the Republic. Since the guardians were supposed to be the highest educated in society, it is safe to assume that they learn over time about the Noble Lie.

      As stated previously, a Government that keeps their citizens in the Dark is at best an Oligarchy and at worst tyranny. The keeping people in the Dark is addressed by the Allegory of the Cave from the same book! Please do yourself a favor and go read and study that book.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    28. Re:Surveillance by davester666 · · Score: 1

      It's no longer borders for the NSA, as they just happen to have installations next to all major ISP interconnects, and all traffic just happens to flow through them.

      --
      Sleep your way to a whiter smile...date a dentist!
    29. Re:Surveillance by xevioso · · Score: 1

      The rights enabled in the Constitution have never been viewed as being absolute; thus the "fire in a crowded theater" exception.

    30. Re:Surveillance by MaWeiTao · · Score: 1

      Coming from a west European country myself I can tell you that I am not happy with that government.

      In fact, the universal attitude amongst family living in various western European nations is that the government is going to do whatever it damn well pleases. At least in the US people still hold the hope that the government will listen to them. All they do is lament about how much better things once were and how previously generous social programs have been stripped away but they're still stuck with unbearably high taxes.

    31. Re:Surveillance by bhcompy · · Score: 2

      I have, and while templates are nice, reality is different. There may be perfect systems in philosophy, but none of those perfect systems have ever successfully been implemented because it is impossible to do so with so many inputs with different motivations. Compromises must be made. There is no perfect system of governance and there is no perfect economic system, despite volumes upon volumes of work from philosophers for thousands of years. Reality dictates that there must be secrets and that they must be kept. The fact that ugly things are hidden on occasion doesn't change the fact that there are secrets that must be kept secret for the benefit of the nation.

    32. Re:Surveillance by phayes · · Score: 1

      If Manning is going to be held accountable for information Al-Queda obtained, then the Pentagon and CIA should be held accountable in the same fashion when an unencrypted laptop with sensitive dat is lost, ...

      Oh yeah sure, because intent has nothing to do with culpability in your fantasy world. Meanwhile, back in the real world, it does.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    33. Re:Surveillance by snadrus · · Score: 1

      So one of the best encryption methods to avoid snooping is turning a message into a large captcha? That's easy enough.

      --
      Science & open-source build trust from peer review. Learn systems you can trust.
    34. Re:Surveillance by s.petry · · Score: 1

      Your claim that the system was "perfect" is false. The point is not that Socrates defined a template either. The point should be what a Republic is and how it is defined. A Republic is a Government of the people and by the people. Your insistence that this does not require an open Government simply does not fit. If citizens are kept ignorant, then the citizens can not make decisions. This means that the citizens are not ruling the Government, and makes that form of Government something other than a Republic.

      You can try to claim that blue is red all you want, reality does not match your claim.

      So I'm not sure you ever actually studied "The Republic" or even read the book. If you did, you clearly have no understanding of what a Republic is!

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    35. Re:Surveillance by vux984 · · Score: 1

      Oh yeah sure, because intent has nothing to do with culpability in your fantasy world. Meanwhile, back in the real world, it does.

      Good. So show intent that Manning's intent was to deliberately aid American enemie. Hell show it was anything other than "let the people know what its own government was doing so that what he perceived as great wrongs and crimes could be revealed and addressed".

      If you want to talk about intent then lets talk about intent... what was Manning's INTENT?

      Oh... suddenly its not about intent, right? Its just what he did and that his actions inadvertently may have theoretically placed American operatives at risk... its not about intent at all. Its just about what might have happened with the information?

      So...Like when some one misplaces an unecrypted laptop with sensitive data. Er... no, completely different... its about intent...

      I'm not saying YOU are the one participating in this circular argument, but there are a lot of people who seem to be.

      Bottom line: If its about intent, then Manning was full of good intentions and guilty of bad judgement and that's about it. Dishonorable discharge, some house arrest or token jail time is all that's warranted here.

    36. Re:Surveillance by HornWumpus · · Score: 1

      The US government was founded as a 'constitutional Republic'.

      The majority is limited by the constitution in what it can do via government. The majority can modify the constitution, but that is a deliberately slow process.

      Between when Plato wrote the Republic and when the United States was founded Plato's philosophizing was tested in the real world and found wanting. Two wolves and a sheep etc.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    37. Re:Surveillance by Alex+Belits · · Score: 1

      In fact, the universal attitude amongst family living in various western European nations is that the government is going to do whatever it damn well pleases.

      What is still infinitely better than government doing whatever big businesses ask.

      At least in the US people still hold the hope that the government will listen to them.

      When they will be multi-billionaires. This is a part of American ideology -- that if they are worthy, they will be rich, and everyone who is not, is either guilty of some inexcusable sin, or on the way to become rich. In other words, Catholicism with market and money instead of god.

      --
      Contrary to the popular belief, there indeed is no God.
    38. Re:Surveillance by dryeo · · Score: 1

      Wasn't the "fire in a crowded theater" used to stop people from protesting the draft during WW I?
      They could have added some weasel words if they didn't mean it to be absolute which is what my country did when someone pointed out that having an absolute right to freedom of expression enshrined in our constitution would allow child porn. Note also that the restriction originally was on Congress, not the States or other lesser governments such as cities who were free to pass a law against "fire in a crowded theatre"
      It just gets me that it is the same people who go on about obeying the Constitution as want to execute Manning.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    39. Re:Surveillance by __aaltlg1547 · · Score: 1

      Whether the law is Constitutional is an entirely separate issue than whether the law has been the law for some time.

    40. Re:Surveillance by bhiestand · · Score: 1

      Good. So show intent that Manning's intent was to deliberately aid American enemie. Hell show it was anything other than "let the people know what its own government was doing so that what he perceived as great wrongs and crimes could be revealed and addressed".

      I think you have a very misguided view of "intent". He intended to publicly release the documents. He knew their classification level and its definition (that the information would harm the US and help its adversaries). Any reasonable person with an IQ over 70 would understand that publicly releasing documents would mean that everyone, including the US's adversaries, could get a hold of them.

      Thus, he deliberately released documents that he knew or should have known would aid the enemy. By your logic, murder isn't murder if the perpetrator says they just wanted to shoot someone in the face but didn't really want to kill them.

      "I was just whistleblowing!" is only a viable defense in these situations when the person is exposing serious criminal wrongdoing committed by the government. If Manning had read these documents, perhaps he would have known that he wouldn't accomplish this goal...

      --
      SWM seeks new sig for a brief fling
    41. Re:Surveillance by vux984 · · Score: 1

      I think you have a very misguided view of "intent".

      In that I recognize that he had no intention of damaging America?

      He intended to publicly release the documents.

      And he made a point of releasing to what he believed was a trustworthy organization that shared his desire to ensure no was was put in danger by the release. An organization that would take the time to sift through the information, organize it, and redact anything that would put an individual at risk.

      And wikileaks did in fact do all of this. The un-redacted data was even encrypted to prevent accidental disclosure. The information was only released un-redacted to the public as a result a journalist from another organization (The Gaurdian) publishing the decryption key by mistake.

      Are you really going to try and pin intent for that on Manning?

      Any reasonable person with an IQ over 70 would understand that publicly releasing documents would mean that everyone, including the US's adversaries, could get a hold of them.

      He didn't want anything untoward to happen to the US as a result, and took multiple affirmative steps to safegaurd the data. He didn't just dump the unredacted torrent online unecnrypted for the world to see. Not even wikileaks did that.

      If Manning had read these documents,

      He read several hundred, probably several thousand. He perceived a pattern of lying and corruption and actions he couldn't morally accept and took the step of whistle blowing to clear his conscious. That you or I might have seen the pattern of lying and corruption etc that he saw as "ok" and he didn't realize that is how it would be viewed is evidence of poor judgment, nothing more sinister than that.

      By your logic, murder isn't murder if the perpetrator says they just wanted to shoot someone in the face but didn't really want to kill them.

      Really? Is that what you think happened? All the attempt he took to release to a credible american news organization first, the steps he took to release it to an international organization second, the steps that were taken along the way to secure the data so that it could be properly curated before the public saw it.

      That's the same as a guy trying to shoot you in the face?

  2. Dangerous by betterunixthanunix · · Score: 5, Insightful

    This would basically mean that nobody could report on wars, because anyone doing so could be accused of aiding the enemy. Imagine a version of this where Bin Laden said, "Get me a copy of the New York Times!" and the government accused reporters of aiding the enemy.

    --
    Palm trees and 8
    1. Re:Dangerous by Anonymous Coward · · Score: 1, Insightful

      Most reporters aren't members of the military subject to court-martial.

    2. Re:Dangerous by runeghost · · Score: 2, Insightful

      Ah, but as long as the New York Times makes sure to jump whenever the government says, "frog" they'll be left alone. What could possibly be wrong with that arrangement?

    3. Re:Dangerous by Sparticus789 · · Score: 5, Insightful

      There's a difference between public knowledge and classified information. He is not being prosecuted for releasing weather reports, stock values, or a crossword puzzle. Manning is on trial for leaking classified information. Big difference.

      --
      sudo make me a sandwich
    4. Re:Dangerous by jimbolauski · · Score: 5, Insightful

      There is a big difference between a person signing documents swearing they will not disseminate classified information under penality of jail, fines, or death, then dissemination classified information anyway, and a reporter who has not sworn to protect classified information, publishing information. A good example of this is Robert Novak of the Washington Post published the name of cia operative Valerie Plame which was classified information, neither Novak, nor the Post were ever charged. There is a big difference between the press and a person entrusted with classified information dissemination that information.

      --
      Knowledge = Power
      P= W/t
      t=Money
      Money = Work/Knowledge so the less you know the more you make
    5. Re:Dangerous by Rich0 · · Score: 4, Insightful

      Here is my problem with this kind of reasoning.

      If you want to make disclosure of classified information illegal, fine. Make it illegal, and assign to it an appropriate penalty. Then when somebody does it, charge them with that crime.

      The problem here is that the charge is aiding the enemy, and the argument is that the enemy obtained the classified info and thus it aided them. I'm not sure that really should be allowed to stick. The problem with this is that it forces you to basically assign the same punishment to accidentally leaving your briefcase with some HR info on the bus and sneaking into the command tent, taking photos of the next day's plans, and transmitting them to enemy HQ.

      When people commit a crime they should be charged with the crime they actually committed. I'm not suggesting that leaking classified info should be legal. However, the general trend of piling as many charges on as possible is bad for justice. There is a reason that we don't put people in prison for life for jaywalking or speeding.

      If you're going to charge somebody with aiding the enemy you should have to show that:
      1. The aid would have actually had some significant benefit to the enemy. We're not talking about exposing scandals that lose hearts and minds - I'm talking about improving their ability to achieve military objectives in military operations. So, pictures of tortured prisoners don't count, but plans leaked to an enemy agent or sabotage coordinated with an enemy attack counts just fine. I'm not sure I'd even include sabotage in general in this unless the intent was actually to aid the enemy.

      2. There was intent to aid the enemy - it wasn't just accidental or incidental (unless it was just so obvious that the aid would have resulted that it could be considered criminal negligence).

      Otherwise, just charge them with mishandling classified material.

    6. Re:Dangerous by LordVader717 · · Score: 1

      Possibly, but thats just a red herring. The issue was whether releasing unspecific information to the public can reasonably be considered passing information to the enemy.

    7. Re:Dangerous by fustakrakich · · Score: 1

      We have a nice place in tropical paradise just for them. No silly trials needed at all.

      --
      “He’s not deformed, he’s just drunk!”
    8. Re:Dangerous by s.petry · · Score: 1

      Not that long ago, namely beginning in Gulf 1 this is exactly what happened. Media agencies were told not to report on live battle scenes or they would be aiding the enemy. What footage you saw of Gulf 1 and beyond was approved by the military after review. There were no live battle scenes, and there are no live scenes from Iraq or Afghanistan currently. It was leaked that the "Live from Iraq" guys at CNN during Gulf 1 were filming from a roof top in South Carolina. Back stage footage shows them laughing at the ignorance of the American people (which they were helping to keep ignorant).

      Propaganda is a bitch, and it's been riding you for longer than you may know.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    9. Re:Dangerous by betterunixthanunix · · Score: 1
      They are, however, subject to the US Code, which outlaws treason, defined as it is in the constitution:

      Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort

      If a military court allows publishing classified documents to be considered evidence that a soldier aided the enemy, it is not a stretch to think that a criminal court might accept such an argument.

      --
      Palm trees and 8
    10. Re:Dangerous by s.petry · · Score: 1

      On point 1, Manning never gave anything to the enemy. Manning gave the information to a media agency who is bound by their journalistic duty to ensure the safety of the data released from them. You are wrong to claim Manning gave anything to the enemy. If the media agency dumps everything given to them, that's a different topic and a much longer discussion. Before that discussion occurs, I'd suggest you read and/or listen to a great man's words regarding the responsibilities of both the Government and Journalists.

      Since you are absolutely wrong regarding point 1, you can not possibly be correct with point 2. If manning actually gave something to the enemy we could discuss his intent when providing data to the enemy. If he did not do something, intent discussions are idiocy.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    11. Re:Dangerous by TheCarp · · Score: 1

      Oaths are just words people use to make you do their bidding even after you realize what they want is wrong. He made that Oath before he saw what he was really working for, so it doesn't really represent an informed consent.

      Also, no oath, no oath at all, absolves a person of their responsibility to oppose and expose corruption and abuse. Not ever.

      --
      "I opened my eyes, and everything went dark again"
    12. Re:Dangerous by tftp · · Score: 1

      On point 1, Manning never gave anything to the enemy. Manning gave the information to a media agency who is bound by their journalistic duty to ensure the safety of the data released from them.

      The very fact that the information got out indicates that whoever received the information was not a suitable handler of secrets. The US government established a simple rule of thumb, so that even a lowly intelligence analyst can figure it out:

      (a) you must have clearance high enough to read the document, and (b) you have to have a need to know.

      Journalists can be argued to meet (b), however they are clearly not meeting the requirement (a). Their "journalistic duty" is not to ensure safety of the data; it's to publish the data as fast as they can.

      You are wrong to claim Manning gave anything to the enemy

      He intentionally gave the information to people who, as he knew, had no obligations to keep it secret - and who had their own motives to publish it. Once published, any reasonable person will conclude that the enemy will want to have a look.

      Imagine that you climb onto a roof of a building, take a brick, and fling it over the edge. You do not see where it falls; you even avoid thinking about it. If the brick kills someone you are clearly guilty. But will you be guilty of something if the brick just scares some people, but doesn't do any obvious damage this time around? If yes, then Manning is also guilty of the same crime.

      In addition, Manning, when the clearance was issued to him, gave his word that he will keep the secret. He broke that word.

      The very word "secrecy" is repugnant in a free and open society

      True, but what has it to do with any of the societies on Earth? They are neither free nor open. The last free society on Earth was probably formed by Neanderthals.

    13. Re:Dangerous by dcw3 · · Score: 1

      You're claiming that CNN broadcast from S.C., and claimed that it was Iraq? Evidence?...my Google search turned up nothing.

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      Just another day in Paradise
    14. Re:Dangerous by coalrestall · · Score: 1

      The problem here is that the charge is aiding the enemy, and the argument is that the enemy obtained the classified info and thus it aided them.

      And if that is the argument, then the defence should really be asking the prosecution to demonstrate how exactly it aided the currently dead Bin Laden.

    15. Re:Dangerous by Rich0 · · Score: 2

      On your point (1), it's pretty clear that Manning/Wikileaks loses on that count. He didn't filter the info, he did a massive info dump to the public that included operationally-sensitive details of ongoing military/CIA operatives and operations.

      I'm certainly open to citations (that point to specific details that were leaked which actually provided military aid to the enemy), but most of what was dumped was merely embarrassing, and there was effort made to redact materials that were more sensitive.

      I'm not aware of any publicly-released data which most people would consider operationally sensitive. Again, I'm open to examples, but the mere fact that they were classified does not mean that their release aided the enemy.

  3. Smart by Sparticus789 · · Score: 4, Insightful

    The prosecution is alleging that the document leak perpetrated by Bradley Manning directly aided the enemy (al-Qaeda) in their operations against the United States. So what's the problem with including testimony that documents leaked by Bradley Manning were present during the Bin-Laden raid? It's common sense.

    You can harp on for days about how "the documents revealed war crimes" or "it was the right thing to do." Ultimately, the documents were classified, Bradley Manning signed a document stating that he would not reveal classified information when he enlisted in the Army, and did it anyways. He did not release the information the the DOD Inspector General, to a member of the House or Senate intelligence committee, or even to a legitimate member of the press corp. He released it to some foreign website with no press credentials. That makes it a crime. He's not a protected whistle-blower because he did not send the information to any of the above whistleblower channels. Even the NSA warrantless wiretapping whistle-blower had enough common sense to go through the New York Times, which meant he was protected as a whistle-blower.

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    1. Re:Smart by Anonymous Coward · · Score: 5, Interesting

      That makes it a crime

      Covering up war crimes is or should be a much bigger crime.

      Just wait for the veterans to come along and tell us (like they usually do in this discussion), that as a soldier you swear to uphold the constitution, not support cover-ups, that you pledge allegiance to the country, not to the general or even president, and even that you salute the uniform of your superior, not the person wearing it.

      Your suggestions that war crimes should be reported to the people trying to cover up said war crimes and not to anyone else is plain and simple support for covering up war crimes.

    2. Re:Smart by Joce640k · · Score: 5, Insightful

      Covering up war crimes is or should be a much bigger crime.

      Should be...

      The people behind Abu Ghraib go free, Bradley gets screwed for ratting on his leaders. So it goes.

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      No sig today...
    3. Re:Smart by elloGov · · Score: 1

      The prosecution is alleging that the document leak perpetrated by Bradley Manning directly aided the enemy (al-Qaeda) in their operations against the United States. So what's the problem with including testimony that documents leaked by Bradley Manning were present during the Bin-Laden raid? It's common sense.

      It is common sense that information in the PUBLIC DOMAIN is available to well everyone, including "the enemy". Calling the witness to state that Bin Laden seeeked public domain knowledge is just tugging on strings of nationalist emotions. The goal is to smear Manning to Al-Qaeda/Bin Laden (evil, bad, them, enemy) and

    4. Re:Smart by Sparticus789 · · Score: 3, Interesting

      Show me, with citation, what war crimes were committed that were revealed through the Bradley Manning document dump.

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    5. Re:Smart by Confusedent · · Score: 4, Insightful

      The idea of "approved whistleblower channels" kind of negates the idea of whistleblowing. The mainstream media was complicit in the propaganda run-up to the Iraq war, which of course doesn't necessarily mean they couldn't be trusted to expose important information in the leaked documents, but it shows a conflict of interest between the powers that be and the entire goal of whistleblowing. If you can't release documents to the public, but only to approved whistleblower channels who can then decide unilaterally whether the rest of us should be informed, it isn't whistleblowing.

    6. Re:Smart by Sparticus789 · · Score: 1

      legitimate member of the press corp

      There is no such thing as a registered, official press

      You are right, there is no such thing as registered, official press. I never said there was. Where do you people come up with crazy terms that I never used?

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    7. Re:Smart by ZouPrime · · Score: 1

      Covering up war crimes is or should be a much bigger crime.

      Is or should? Which one? Do you know what you are talking about, or are you just giving us your opinion?

      And which war crimes are you talking about? Real ones (you know the actual definition of war crimes, right?) or what "should" be considered war crimes if it was up to you?

    8. Re:Smart by Sparticus789 · · Score: 1

      Thank you for making my point. Classified information was put into the PUBLIC DOMAIN by Bradley Manning. Therefore, he is on trial for that.

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    9. Re:Smart by ZouPrime · · Score: 1

      No, the goal is to show that information disclosed by Manning ended up helping "the enemy". That this information was "in the public domain" at one point isn't important, since it's the unauthorized disclosure that is being prosecuted.

    10. Re:Smart by abigsmurf · · Score: 3, Informative

      The helicoptor was in an active combat zone. There were reports of RPG fire. The press were not wearing identifying uniforms that press in an active warzone are expected to wear. The children in the van were only visible when looking carefully at the footage and freeze framing, not in a combat situation (wtf were they doing driving children to the site of a bombing) and the van appeared to be insurgents recovering the weapons and preventing wounded combatants being captured.. There was an RPG launcher and an AK-47 clone visible in the footage (in addition to the pilots mistaking the camera for another RPG). The pilots waited for authorisation before firing.

      As tragic as it was, procedure was followed and there a combination of circumstances contributed to the mistake. It was not a war crime.

    11. Re:Smart by LordVader717 · · Score: 1

      Whether the website was foreign or not is in no way meaningful as the material was intended to be made public. It's just bullshit loaded language.
      A whistleblower should use the the most secure channel possible and that happened to be wikileaks. As we have seen it has been traditional media who have screwed up the most.

    12. Re:Smart by BrokenHalo · · Score: 1

      Look it up for yourself, you lazy sod. The Wikileaks search engine (unlike Slashdot's) isn't bad. And if you are too indolent even to do that, Google has already indexed many such examples.

    13. Re: Smart by Sparticus789 · · Score: 1

      You are just an idiot. He's no Gary Gordon, Randy Shughart, Audie Murphy, or Daniel Inouye. Criteria for the Medal of Honor:
      "distinguished himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty."

      While engaged in action against an enemy of the United States
      While engaged in military operations involving conflict with an opposing foreign force.
      While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.[73][74]

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    14. Re:Smart by Anonymous Coward · · Score: 1

      Well, considering our government is controlled by batshit insane warmongers, it's probably more of an opinion than anything else. We seem to have a lot of anti-freedom government cheerleaders here, though...

    15. Re:Smart by aeortiz · · Score: 1

      He did go to the press, but the press was too scared of the government, and ignored him.

    16. Re:Smart by jkflying · · Score: 1

      Surely there is some sort of contradiction with charging him with aiding the enemy while not being officially at war? If they want to be able to use war-time charges, they should man up and declare it as a war, dammit!

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      Help I am stuck in a signature factory!
    17. Re:Smart by Confusedent · · Score: 2

      Imo, there's a big difference between having an ethical responsibility to try to avoid collateral damage when whistleblowing, and having the judicial system destroy your entire life with charges punishable by life imprisonment or the death penalty for the simple act of whistleblowing itself. Plus, iirc, Wikileaks actually gave the Pentagon the chance to help redact the documents before releasing them, but for obvious reasons they wanted no part in facilitating a leak. I just bring it up because that perceived irresponsibility is on the part of the Pentagon as much as Bradley Manning, imo. My comment was meant to debunk the one I replied to about how whistleblowing shouldn't be protected unless it occurs through government-approved channels. It may or may not have been an irresponsible way to leak the information, but he's being charged for leaking the information whatsoever, not for failing to properly redact them and reduce collateral damage.

    18. Re: Smart by Anonymous Coward · · Score: 1

      He's no Gary Gordon, Randy Shughart, Audie Murphy, or Daniel Inouye.

      You got that right, buster. Comparing Bradley Manning to Daniel Inouye is just about the worst possible insult you can make to Manning.

    19. Re:Smart by Anonymous Coward · · Score: 1

      Why should he report US government atrocities to US government? That's like reporting rape to a rapist.

      Also, he tried to leak it to NY Times who declined.

    20. Re:Smart by Khyber · · Score: 1

      "So how were two white dots supposed to be identified as children from 2+ miles away?"

      Considering we've had such technology to allow such things for more than two decades, I think you need to get out of your cave and join the rest of the technologically-advanced world.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    21. Re:Smart by Anonymous Coward · · Score: 1

      The US military gunning down civilians in the chopper said they were children, so obviously they knew.

      Also, those "irresponsible parents" are trapped in a warzone created by US. The whole country was turned to rubble. How are they supposed to know it was a "site of an Apache attack 2 minutes later?" In any case, all of this is irrelevant because you're not supposed to shoot civilians in the first place. In fact, you're not even supposed to be in the country to begin with.

    22. Re:Smart by the+eric+conspiracy · · Score: 1

      I do not believe the statute requires being in a formal state of war. Several previous spies have been convicted of treason in peacetime. Aldrich Ames, Robert Hanssen, John Walker are examples.

      I also think if you had asked Osama Bin Laden he would have admitted to being an enemy of the the US. Most Americans would likewise hold him as an enemy.

      I think the case here may hinge more on the 'adhering to the enemy' clause in the Constitution. It may be difficult to prove Bradley did that.

      Thankfully the Founders made this a difficult crime to prove.

    23. Re:Smart by s.petry · · Score: 2

      The prosecution is alleging that the document leak perpetrated by Bradley Manning directly aided the enemy (al-Qaeda) in their operations against the United States. So what's the problem with including testimony that documents leaked by Bradley Manning were present during the Bin-Laden raid? It's common sense.

      Manning never gave anything to the enemy, he gave information to a media outlet. I think you are missing some of the "common sense" you are touting.

      You can harp on for days about how "the documents revealed war crimes" or "it was the right thing to do."

      It was the right thing to do if the classification of the documents was intended to prevent knowledge of illegal activities. Search what was dumped, and the reason for the classification is obvious. Perhaps not for everything, but for enough that it did matter.

      Ultimately, the documents were classified, Bradley Manning signed a document stating that he would not reveal classified information when he enlisted in the Army, and did it anyways. He did not release the information the the DOD Inspector General, to a member of the House or Senate intelligence committee, or even to a legitimate member of the press corp.

      Well, it's obvious that you know jack squat about both the military and just as little about classified work. No such document exists when you enlist in the Army. I'm not going to teach you about either Military or Classified work, I'm only going to tell you that you are absolutely wrong.

      To your next point about who he released data too, you are also wrong. If the Military is performing illegal acts, Manning was correct not to release data to the Military. There is no DOD IG so that one is laughable, as is your next. You personally have as much access, and probably more access, to a Congressman or Senator. It's not like as an enlisted person you can just walk into the office, let alone walk into the office and say "guess what?". Manning's duty as a citizen was to ensure that the data was released to someone he felt would handle the data in the best possible manner. You can disagree with how Wikileaks handled the data, but that's a different issue and is not related to Manning or what he's being charged with.

      He released it to some foreign website with no press credentials. That makes it a crime.

      What? First there is no such thing as a website with press credentials. Even if their was, you think releasing documents showing that the US Government is doing bad things to a website with "Approved Press site for the US Government" will accomplish anything? Not only are you fabricating information, you are doing so very poorly.

      He's not a protected whistle-blower because he did not send the information to any of the above whistleblower channels. Even the NSA warrantless wiretapping whistle-blower had enough common sense to go through the New York Times, which meant he was protected as a whistle-blower.

      The NYT approves every govt. story through the CIA and Government. The little you know about happenings in our own country is a testament to the strength of the propaganda we currently call "News" and "Journalism". Keep up the good work citizen 2625955.

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      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    24. Re:Smart by khallow · · Score: 1

      He did not release the information the the DOD Inspector General, to a member of the House or Senate intelligence committee, or even to a legitimate member of the press corp.

      Wikileaks is just as much a "legitimate member of the press corps" as the New York Times is. Glancing at Wikipedia, the definition of press is:

      "every sort of publication which affords a vehicle of information and opinion."

      Wikileaks easily qualifies. So Mann released the information in question to a proper channel.

    25. Re:Smart by Jiro · · Score: 1

      The actual scenario is closer to:
      1. I sign a contract stating I will not tell anyone what you're about to tell me next.
      2. You show me a few gigabytes of private documents most of which you can legitimately keep secret but one of which describes your plan to shoot me next week.
      3. I reveal the entire contents of the documents, including not only the gun threat, but everything else down to your embarrassing medical condition and the fact that you lied to your wife when she asked you if a dress made her look fat. I post them all on the Internet, with the excuse that the information contains a gun threat.

    26. Re:Smart by xclr8r · · Score: 1

      There is no DOD IG so that one is laughable, as is your next

      I'm actually with you on most points but the above quote is flagrantly wrong. The office was formed in 1982. http://www.dodig.mil/

      --
      Beware of those who profit off the docile and persecute the unbelievers.
    27. Re:Smart by WaffleMonster · · Score: 1

      The helicoptor was in an active combat zone. There were reports of RPG fire. The press were not wearing identifying uniforms that press in an active warzone are expected to wear.

      The children in the van were only visible when looking carefully at the footage and freeze framing, not in a combat situation (wtf were they doing driving children to the site of a bombing) and the van appeared to be insurgents recovering the weapons and preventing wounded combatants being captured

      I have no doubt the drone pilots made an honest mistake in misidentification. The problem occurs when you watch without the sound muted they are all bloodlusted with no respect for human life and nobody in the command structure has any fucking problem with it. The criminal act is in allowing people like this to pilot drones in the first instance.

      and the van appeared to be insurgents recovering the weapons and preventing wounded combatants being captured

      Quite fasinating how the mind races to fill in the gaps consistant with ones preconcieved notions aint it?

    28. Re:Smart by s.petry · · Score: 1

      This is not an office that any military person uses, this is an internal office. You are correct, as my description was incorrect. Army Soldiers would report to the US Army IG, Marines the Marines IG, etc...

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    29. Re:Smart by Sparticus789 · · Score: 1

      You sir, are the one who has absolutely no idea what they are saying.
      1. DOD does have an IG office. If you knew anything about the military, you would know that.
      2. PFC Manning was a 96B (35F for you recent vets). That position comes with a security clearance. Each time someone is read on to a new unit, they have to get "read-on" to the facility where they work. Reading on is signing the agreement to not release classified information.
      3. What's to stop an enlisted person from walking into a legislature's office? Their office buildings are public, anyone can walk into them.
      4. The Huffington Post has press credentials. They are in the White House during their press briefings. So tell me more about the fact that websites do not have press credentials?
      5. Your tin foil hat needs to be adjusted.

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    30. Re:Smart by xevioso · · Score: 1

      It's still not a war crime. The OP is correct.

    31. Re:Smart by Sparticus789 · · Score: 1

      That technology is not installed on Apache helicopters. Drones, yes, but watch the video. The "kids" that you see on the tape are tiny white dots and there is no way to tell who/what those white dots were on the video.

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    32. Re:Smart by WaffleMonster · · Score: 1

      That was not a drone. It was a video feed from an Apache. You are a complete idiot.

      Its been years since I've looked at this garbage... I confused this with follow on where a building was blown up with a missle. I just remember the yaw warnings flashing on screen and thought it was all the same thing... As far as me being an idiot that should be obvious.

    33. Re:Smart by s.petry · · Score: 1

      1) The DOD IG is intended for companies providing DOD work primarily. Such as General Dynamics, Boeing. US Army persons would report to the Army IG. My original statement was incorrect, the fact that a US Army person would not use it was correct.

      2) Again you are wrong. Just because you have a clearance does not mean you sign papers or see any classified data. Classifications and signatures come with projects, not simply having a clearance. I held TS-Special, while in the US Army, and worked in classified areas for decades. Then you make shit up, as if reading the mattress tag is a signature. Poppycock! There are papers you sign, I have had my signature on them. But that does not happen just because you have a clearance or specific MOS.

      3) You go ahead and walk from where he was stationed to an office, it works out pretty well. Or are you suggesting that he go AWOL to do so? Maybe you think that he should have hand carried data to the capitol and sat on the steps waiting. You do realize that Soldiers get less vacation than the average American correct? You realize that you don't get sick time right? You also realize that while Manning could have written a letter to a Congressmen, this is exactly the same thing you could do. But you probably make a bit more money than a PFC in the Army, and get more time off where you could go to the Congressman or Senators office. In addition, any time a Soldier writes their Congressman and Senator the Military is flagged. Your commander may start asking you lots of questions and making things uncomfortable for you.

      4) You absolutely missed the point. If you are going to leak information that the LAPD is breaking the law, you don't go the the LAPD to launch a complaint. You also don't go to the LAPD public affairs office, or internal memo people with the data. You go to a difference location to release the data. Doing so with something as large as the Government is much more complex.

      5) If you believe that it's tinfoil, you should really get out and learn something other than what Fox is telling you. It was leaked that numerous news papers, including NYP and NYT released nothing without Government approval. Fox/NBC/ABC show you nothing but OP/ED pieces which slant stories to a favor that the Govt want's you to believe. At the same time, they don't show you what they don't want you to know. The lack of any coverage of Fast and Furious, The 2011 Defense Authorization act and the Presidents 3 appeals to the courts ruling that indefinite detention of US Citizens without warrant or trial make it very obvious that there is collusion to prevent people from knowledge. Those are easily proven and visible. More evidence is in the Syria conflict, and how they blatantly lied about the US involvement in Libya. There is no need to claim tin-foil anything when you are choosing to ignore facts that are right in front of you!

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      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    34. Re:Smart by Pecisk · · Score: 1

      Maybe he didn't release in "approved whistle blower channels", because frankly except for few really tragic war reports which general public isn't interested in detail anyway there's nothing actually to whistle about? US diplomats actually protecting rights of US and it's corporations? Surprise, it's *official* policy for almost every country I know (Spain consulate danced around us when our deal with their biggest train producer went high wire). US protecting it's interests, maybe ugly and disputable, yet still nothing illegal? Been there, done that. It's interesting read for historians, sociologists, analysts. But in nutshell, there's nothing to cry about. Personally as not US citizen I don't deeply care about this situation. I understand that people can have it's problems and anger, and they sometimes act very foolishly. I get that. However in Manning's situation I would just leave army as soon as possible. If you can't handle yourself, seriously, be honest about it. This is more of personal tragedy than national scandal to me. I don't mean ill to Manning, and see him as victim of Julian's "5 minutes of fame" stunt. However, law is the law. I really hope they give him just 6 or 7 years and be done with this situation. That's enough for him to maybe get his act together and live normal life again.

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    35. Re:Smart by Khyber · · Score: 1

      Actually, we have BETTER tech on the Apaches since they can carry a heavier and more complex load.

      Better watch you some Faces of Death sometime.

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      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    36. Re:Smart by Sparticus789 · · Score: 1

      You were in the Army? Cool story, bro.

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  4. The press department are. by Anonymous Coward · · Score: 1

    And they give out information to the public. Which would have been requested by OBL and recieved by him, ensuring that the entire public relations arm and the command structure who make them do this (all the way up to the CIC) are subject to court matial.

  5. He swore to uphold the constitution. by Anonymous Coward · · Score: 3, Insightful

    He swore to uphold the laws of the United States and the international law the government have treaties to uphold.

    NO Non-Disclosure agreement or secrecy act can be used to force the concealment of the commission of a crime. And trying to do so makes you an accessory before and after the fact.

    1. Re:He swore to uphold the constitution. by Arker · · Score: 3, Informative

      This is just utter nonsense.

      "...criminally stupid enough to wander towards an active military firefight walking with individuals carrying AK's and RPG's."

      Dont recall there being any RPGs. Definitely plenty of AKs, because it would have been criminally stupid to be out driving around Baghdad without them. A civilian doesnt magically become something else simply because he is armed, and the US, with our second amendment, should be acutely aware of that.

      They had AKs because everyone in that area carried AKs and it would have indeed been "criminally stupid" for them to travel in that area without bodyguards. They took no aggressive actions, and they didnt 'roll up into a firefight' they attempted to render assistance to the wounded AFTER the firefight had come to a conclusive ending.

      The video is direct evidence of a war crime on its face. It's not Manning, but everyone else who had access and did NOT leak it, who should be charged for that. The cables reveal many other crimes and misbehaviour by the US government, are essentially all over-classified, and constitute information that the citizens have a right to see, and a NEED to see, in order to do our job in the republic.

      The fact that we keep promoting criminals and throwing whistleblowers in the brig instead of the other way around is probably the biggest threat to the national security of this country today.

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  6. There's a big difference by Anonymous Coward · · Score: 5, Insightful

    There's a big difference between classified documents that are meant to be secret and classifying every single thing in case something embarrasing is in them.

    1. Re:There's a big difference by abigsmurf · · Score: 3, Funny

      aaaaand that was a reply to the wrong post.

    2. Re:There's a big difference by moeinvt · · Score: 3, Insightful

      Well said. The government is now classifying anything that might make the government look bad.

    3. Re:There's a big difference by s.petry · · Score: 2

      They have been doing that for a long time, the difference is really that now we have easier access to the knowledge. Even programs we know about by pieces being declassified have huge portions of the program remaining classified simply because 1) it's embarrassing and 2) you would want to prosecute people currently in positions of power that were on those programs.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  7. Re:So true by SJHillman · · Score: 1

    No, that's not called entrapment. Entrapment requires someone getting you to do something you wouldn't have otherwise done in the normal course of things. If an undercover cop sells you cocaine, that's not entrapment. If they coerce you into buying cocaine by threatening to bomb your family, that's a little closer to entrapment.

  8. They haven't shown that this was any different. by Anonymous Coward · · Score: 5, Insightful

    "He is not being prosecuted for releasing weather reports, stock values, or a crossword puzzle"

    What he HAS released hasn't been shown to be of any more aid to OBL than these would be.

    Classified information cannot, repeat CANNOT, be used to hide criminal acts.

    Classified information incorrectly classified is NOT validly classified and almost all classified information SHOULD NOT be classified. If the rules for classification AS APPLIED are "Classify everything", then the classification cannot be of any guide as to whether the information SHOULD be classified and kept secret.

    Manning is on trial for exposing the criminal acts of his superiors.

    Something his superiors predecessors insisted should be done in all cases. cf Nuremberg.

    1. Re:They haven't shown that this was any different. by im_thatoneguy · · Score: 1

      Criminal acts? Such as?

      If Bradley's information was useless to the enemy... I would also argue it was useless to the public.

  9. Re:So true by bhcompy · · Score: 1

    > The guy is guilty of having no brains, but wasn't he an intellegence clerk? Here is why I say honeypot, a simple clerk, by the definition of his job, would not have had the security clearance to get to that information, no matter what the system 1) A friend of mine couldn't get into a college because he had terrible grades and wasn't terribly bright. So what did he do? Enlist out of high school into Army intelligence and became some type of intelligence clerk. 2) Intelligence clerks have security clearances and can get access to that information.

  10. Re:It was OLD information by Sparticus789 · · Score: 1

    Sparticus? If that is your *real* name. Sounds like a terrorist name to me!

    I am a terrorist, if you are the Roman Senate circa 72 B.C.

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  11. Re:Bradley Manning's innocent by moeinvt · · Score: 5, Interesting

    BS.
    His conversations with that douchebag LAME-O were mainly a discussion about his personal moral dilemma. He wasn't bragging about his "hacking skills" one bit. He had access to the information so there was no technical prowess required.
    He recently made a statement in court (which of course the government didn't want the public to hear) that was surreptitiously recorded. You should listen to it.

  12. Re:Bradley Manning's innocent by peppepz · · Score: 4, Insightful

    Who cares about his motivation? He's done a right thing and now he risks his life, as if he lived in Iran.

  13. To consider... by 3seas · · Score: 2

    If everyone know teh secrets ... then the secrets are not secrets and as such become null and void of any value in being secret.

    So how do you aid an enemy with a secret that is not secret? You don't, but only fool those who believe its a secret.

    I do recall that some judge ruled that the US government, though the secrets are no longer secret, can still pretend they are.

    So who is fooling who here?

  14. Re:It was OLD information by Freddybear · · Score: 1

    That definition applies to information that they want to access, not to information that they want to keep secret.

  15. Seems to be missing something... by dirk · · Score: 2

    While I think it is the right decision to allow testimony on whether they found the documents at the compound, it seems to be missing a key component. They charge is "aiding the enemy". Shouldn't they also have to prove it actually aided them? What if Bin Laden read through the documents and they were all stuff he didn't care about? Or what if he just was interested in them and wanted to read them (as many people did). Possession of the documents doesn't prove that they aided the enemy anymore than a copy of Twilight would.

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    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    1. Re:Seems to be missing something... by jkflying · · Score: 1

      It's ironic how they charge him with aiding the enemy when the US isn't even at war.

      Also, to be aiding the enemy he has to have leaked them with the *intention* of them getting to the enemy. He can just argue that those ones were collateral damage, and use the standard "collateral damage is acceptable if minimized" argument, a la standard military protocol.

      --
      Help I am stuck in a signature factory!
    2. Re:Seems to be missing something... by RivenAleem · · Score: 1

      Well, Bin Laden is pretty dead, the documents can't have been of THAT much aid...

    3. Re:Seems to be missing something... by Black+Parrot · · Score: 1

      Clearly they didn't do OBL any good.

      --
      Sheesh, evil *and* a jerk. -- Jade
    4. Re:Seems to be missing something... by Pecisk · · Score: 1

      1) I don't think you need someone declared "enemy" to be with him formally at war. US were never at war with USSR; Would be nice to hear some specialist's opinion on this though;

      2) Judge disagreed on that and it seems that law can be read more broadly than you imagine. Is releasing such information by mistake would be aiding an enemy? I don't know. As I read from articles about case judge reads law like "if you release this information in a manner you know it could help an enemy, you can be charged by this point". This contradicts to the letter of the law, however, because it separates willful helping the enemy, and just releasing information to person who are not authorized. Prosecution will have to find a way to prove that Manning knew what WikiLeaks will do with that information.

      I really don't think you can get out of this attacking the law. While it's kinda broad, it's logical, however, it will struggle with this real life case, because of actual change in defining what "enemy" is and it's admittedly part of much bigger discussion how we treat military secrets.

      "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."

      UCMJ Article 104â"Aiding the enemy

      Oddly, definition of "enemy" is missing from UCMJ header. What's most important to remember that members of Army have much bigger responsibility of guarding secret information they have than, for example, journalist.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    5. Re:Seems to be missing something... by Pecisk · · Score: 2

      Read actual UCMJ article http://usmilitary.about.com/od/punitivearticles/a/mcm104.htm, it's actually very clear that releasing any classified information released knowingly it will "leak" to the enemy is enough for "aiding enemy" definition (in eyes of UCMJ, remember Manning isn't civilian in this case). Prosecution will have to prove that Manning truly knew what WikiLeaks will do with them though.

      I can agree with judge, this charge can't be dismissed. Will see what will be decision on this case.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
  16. Manning: American Hero by MrKaos · · Score: 2

    This is how America treats it's patriots, those who swore to protect the nation against domestic threats. The corruption that eats away at America is almost complete. The fear of the government in America has turned most of the population in to unquestioning slaves that beleive whatever they are told.

    Greed and the desire for material gains has turned that beacon of democracy into a parody of it's aspirations. Anyone who tries to fight this corruption and greed will have their unalienable rights trampled.

    How long will the average American citizen tolerate this bastardisation of ideals that the rest of the world looked up to and once America sinks into despotism (as Benjiman Franklin said of the constitution) which world power will take it's place?

    I don't really like the alternatives.

    --
    My ism, it's full of beliefs.
  17. Re:Well... by BrokenHalo · · Score: 1

    ...Manning is a traitor, aided and abetted the enemies of our country..... He deserves the firing squad.

    Hmmm. Perhaps you should visit a pharmacist and ask for something for redness around the neck area.

  18. Re:Bradley Manning's innocent by peppepz · · Score: 1

    Truth?

  19. Re:Well... by Sique · · Score: 1

    ... said the Anonymous Coward.

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    .sig: Sique *sigh*
  20. Re:It was OLD information by Endo13 · · Score: 1

    No, that was Spartacus. Seriously, you tacked a number on the end and didn't even get the spelling right? How sad.

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    There is no -1 Disagree mod. Slashdot.org/faq defines mod options. USE IT.
  21. Threw his life away for nothing by Vince6791 · · Score: 1

    Bradley Manning a complete dumbass. Why risk prison or even death? we all know our government is crooked run by corporate puppet whores. We know the past atrocities this government has committed against other nations in the name of freedom and liberation. Regardless of somebody proving u.s government is a genocidal maniac killing for resources nothing will be done, because the people of this country are too weak and too busy playing with their Nintendo to really do anything to stop them. Where is the financial disaster accountability? Iraq invasion accountability? 17 trillion debt accountability? NONE!

       

  22. Sir Humphrey by Frankie70 · · Score: 2

    "The Official Secrets Act is not to protect secrets, it is to protect officials." - Sir Humphrey.

  23. I disagree too. by Stickerboy · · Score: 2

    It doesn't need to proven that Manning personally handed a copy of the release to an al Qaeda agent to make him guilty. This charge should absolutely stick. Let's say John Doe is a disgruntled Armed Forces intel agent working in Afghanistan. He's sick of his job, and takes a huge stack of classified targeting mission profiles and drone photos and scatters them in the air in Kabul's marketplace out of protest. Agents of the Taliban or al Qaeda collect the papers and peruse it. Regardless of the timeliness or utility of the info, he's (unwittingly and stupidly) gone against explicit orders and policy and aided and abetted the enemy efforts. Trying to draw a ridiculous line of causality for "proof" between release and someone getting killed is not needed at that point.

    Quit idolizing Manning. Just because Manning exposed some of the seedy underpinnings of international diplomacy doesn't make him a hero. No, there were no explicit war crimes that weren't already being exposed by the MSM (Abu Ghraib being the best example). I've read through the wiki leaks releases, and there is little to nothing within them that couldn't be found in the MSM or inferred through a basic knowledge of international affairs. He's a Kevin Mitnick of this decade.

    --
    Light a fire for a man and he'll be warm for a day. Light a man on fire and he'll be warm for the rest of his life.
    1. Re:I disagree too. by jeffclay · · Score: 1

      I've read through the wiki leaks releases, and there is little to nothing within them that couldn't be found in the MSM or inferred through a basic knowledge of international affairs.

      So, you're saying that he didn't aide the enemy because the information was already published?

    2. Re:I disagree too. by Pecisk · · Score: 1

      It was counterargument for reasoning that leaks were done because of war crimes. They weren't. Guy was angry at everybody and did it because of pure spite. He broke the law because he couldn't just take notice and leave. I usually do then when I'm angry at the work place which I hate.

      --
      user@ubuntubox:~$ stfu This server is going down for shutdown NOW!
    3. Re:I disagree too. by LienRag · · Score: 1

      Manning stuck by his conscience when it clearly went against his personal interests and could even come at a tremendous cost for him. It may not make him an idol but it definitely makes him sort of a hero, the usually anonymous ones (alas for him, this time he wasn't). You know what happened when Abraham wasn't able to find 10 just men in Sodom and Gomorrha? Maybe you shouldn't jail the people that prevent your country to go below that threshold...

  24. Re:Bradley Manning's innocent by RicktheBrick · · Score: 1, Insightful

    I have read the Bradley Manning was an E2 in rank. I was in the military and it took only a couple of months to reach E2 in rank. So the army has so little amount of people with rank of E6 and above or an officer that they have to entrust that much power to an E2. To me that is the same as a bank manager giving someone in the bank who was hired just a couple of months ago with the responsibility of closing the safe, locking all the doors and setting the alarm. I once had access to top secret information but the rule was that the information was never accessed without someone else being present. So there is no way Manning should have had access or at the least have had access without someone else being there. The officer in charge should bear more responsibility than Manning. To me it is the same as someone leaving their money in a bag on their front lawn and wondering why it was stolen.

  25. Read international war statutes. by Anonymous Coward · · Score: 1, Insightful

    What the helicopter did WAS A WAR CRIME.

    If you DO NOT have positive ID of a hostile, shooting anyway IS A CRIME.

    Shooting ANYONE, military personnel or not, who are giving aid to the wounded IS A WAR CRIME.

    Shooting children (and they KNEW it was children: "Serves them right for bringing their kids to a war zone") IS A WAR CRIME.

  26. Re:Bradley Manning's innocent by Anonymous Coward · · Score: 1

    It's funny. The man sheds light on the atrocities of our government and all you can do is launch personal attacks on him. What's your agenda? Why are you so desperately trying to discredit an American hero? Are you related to those savages who gunned down civilians, reporters and children?

  27. Re:Classified coverups by TheCarp · · Score: 1

    > IMHO, the Navy Seal is a hero for being one of the team that killed Bin Laden. But Manning is the
    > bigger hero of the two. In the 'makes America more free' score table, Manning is right there in the
    > top 10.

    I would actually agree if he was on the Seal team that brought Bin Laden in for a fair civilian trial for thousands of civilian murders.

    I have little to no respect for anyone involved in extrajudicial killing. I may take a lot of umbrage with our so called "justice system" but, these people are supposed to be its champions and uphold it. It should matter deeply to them that Bin Laden died at their hands: an innocent man, having never been convicted in a court of law. They should hang their heads in shame for that.

    Justice is only as good as what we offer the most vile amongst us. The more vile, the more important it is.

    Manning is a hero, this man, is just a tool.

    --
    "I opened my eyes, and everything went dark again"
  28. Re:Well... by Black+Parrot · · Score: 1

    ...Manning is a traitor, aided and abetted the enemies of our country.....

    He deserves the firing squad.

    One man's traitor is another man's patriot.

    --
    Sheesh, evil *and* a jerk. -- Jade
  29. Re:No Worries by fazey · · Score: 1

    but what about my second amendment? or fourth? I want those too.

  30. Re:Bradley Manning's innocent by Isaac+Remuant · · Score: 1

    Cite your source or shut the fuck up. Seriously.

    The alleged chat logs between him and Lamo are pretty clear as to the intent of the leaks. The public need to know of the atrocities that his government was engaging in.

    --
    "Science can amuse and fascinate us all, but it is engineering that changes the world. " - Asimov.
  31. Re:Well... by WaffleMonster · · Score: 1

    He deserves the firing squad.

    If by he you mean everyone in the government who lied to start a war with Iraq under false pretenses or those who enabled and carried out "collateral murder" I would agree with you.

  32. Whack the most visible moles by ThatsNotPudding · · Score: 2

    The NSA has a finite budget, a finite number of people, finite capability, finite everything.

    That's why they and the rest of the security organs take great pains to prosecute / persecute the most well-known 'criminals' like Aaron Swartz beyond any semblance of justice in high-profile show trials, in order to keep the 'rabble' compliant.

    What a free country we have.

    1. Re:Whack the most visible moles by Pseudonym · · Score: 1

      The NSA had nothing, as far as we know, to do with the prosecution of Aaron Swartz.

      I think you're over-estimating the amount of collusion between some of these government departments. That, after all, would require co-operation and competence.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  33. Exactly.... by sgt_doom · · Score: 1

    ...they are inferring guilt on anything AND everything bin Laden downloaded --- so what about all the other sites, vids, TV shows, they are equally guilty by this unholy specious illegal "legal" reasoning by yet another American hack judge/shyster.

  34. Re:Bradley Manning's innocent by ThatsNotPudding · · Score: 1

    I hope there is a great Karmic reckoning for Adrian Lamo and right soon. Even he doesn't believe his BS reasoning for backstabbing a person exposing Imperial evil.

  35. Beyond bullcrap.... by sgt_doom · · Score: 1

    Beyond the obvious bullcrap ruling by the corrupt, shyster judge (anything and everything downloaded could be placed within the same category), how does anyone really know that this squid dood, the SEAL team member, actually had anything to do with any killing of any terrorist, let alone OBL? Has anyone viewed OBL's dead body? Did anyone actually witness OBL's burial at sea and verify that it was indeed OBL? Too many unproven and unanswered questions to begin with......

  36. I think this: by Zimluura · · Score: 1

    I think this:

    or even to a legitimate member of the press corp. He released it to some foreign website with no press credentials.

    is the bit in your post that _implies_ a registered, official press.

  37. Re:So true by dwillden · · Score: 1

    He was not a simple clerk, he was a trained, qualified and cleared Intelligence analyst. Their very job by description requires rather free access to a wide range of classified information. As part of his qualification process he had to submit to a very in depth background investigation, as the Analyst MOS requires a TOP SECRET clearance to be considered qualified to work in the field. Further the military rank structure has most the actual work being done by the junior enlisted. Manning was a PFC, PFC's and SPC's do most of the actual work, the higher ranks are managerial levels. When it comes to doing the analysis the PFC's and SPC's in the various HQ intel offices as Manning worked in do perform most of the actual work and more senior ranking individuals out in the remote bases can often be found reporting to such Jr. enlisted personnel and meeting requirements for information established by the Jr personnel.

    contrary to your claim about your friend the intel fields actually do require a higher level of intelligence to get into. A high ASVAB test score is required to be an Analyst, and the course is not easy for the academically challenged. Now your friend may have just been lazy in HS and actually had the intelligence to get into the field while having grades bad enough to prevent him from getting into college, but that's more on his laziness in HS resulting in bad grades rather than actual abilities.

    --
    I'm too lazy to compose a creative sig.
  38. Re:Will not point to, you mean. by david_thornley · · Score: 1

    The laws of war are not that massive or complicated. If you claim a violation, you should be able to hunt through the appropriate treaties and find violations. (Hint: the basis of the modern law of war is the Hague conventions, which have been replaced in certain areas by some Geneva Conventions.

    Having been through a good deal of that material, (a) shooting does not require positive ID, (b) shooting random people who are giving aid to the wounded isn't a war crime unless they're showing appropriate uniforms/signs/symbols/whatever, and (c) when legitimate targets and illegitimate ones are mixed, it usually isn't the responsibility of the shooting party to make sure the illegitimate targets aren't hit (there are exceptions, but I don't believe any apply here). If you actually think about what effect your proposed laws of war would have on waging war, you'll realize why you're wrong.

    And, yes, anybody who brings children into a war zone is morally responsible for their safety.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes