UPDATE – 4:10 PM Here is a full report on the arguments over the “aiding the enemy” charge. Court is in recess until the hearing concludes tomorrow morning.
UPDATE – 12:52 PM Defense argued motion to dismiss Specification 1 of Charge II that alleges Manning “wrongfully and wantonly caused to be published on the Internet intelligence belonging to the United States government, having knowledge that intelligence published on the Internet is accessible to the enemy.” The argument was this was a “created offense.” What is being charged should be charged under Article 104 – the “aiding the enemy” charge. It was not Congress’ intent to use this article – Article 134 in the UCMJ – to go after those accused of “aiding the enemy.”
Government disputed what was argued here. They said two charges have different intents. One charges Manning for knowingly releasing and the other charges him for being reckless, basically.
UPDATE – 12:46 PM Government stated its position on the unreasonable multiplication of charges motion saying the charge does not “exaggerate” or “misrepresent” accused’s misconduct. The government disputed the idea that databases containing “war logs” had been stolen and transmitted to WikiLeaks on the same day. They have forensic information from an SD card (that was presented in the Article 32 hearing). However, they conceded it is possible the Iraq and Afghanistan “war logs” were transmitted at the end of January in the same transmission but they would not consider this an “unreasonable multiplication of charges.”
UPDATE – 12:45 PM During arguments on unreasonable multiplication of charges, the defense said it saw a classified memo that alleges the Iraq and Afghanistan databases containing what are now known as the war logs were sent out on same day to WikiLeaks (allegedly).
“If it’s true, it shows that there was a disclosure of the Iraq and Afghanistan SIGACTS on the same day,” said Coombs. He added they are going out on the same day so government is charging this single act separately.
UPDATE – 12:35 PM In court, while arguing motion on unreasonable multiplication of charges, Coombs acted it out to show the judge what the defense was arguing. He picked up a binder on the defense desk to argue act of taking is connected to giving to unauthorized persons. It is all one act.
He added, “By charging it in this way, by creatively charging…what you do is you take a 10 year max and you now made it a 20 year max.”
UPDATE – 12:30 PM Coombs argued a motion alleging “unreasonable multiplication of charges.” He alleged that in “four separate occasions” the government has “taken a single criminal act and divided it into multiple acts.” They have “taken what happened on a single day and divided it into separate instances.”
Here’s the charge sheet. According to the defense, Specifications 4 & 5, Specifications 6 & 7 and Specifications 8 & 9 are essentially charging the same act twice.
UPDATE – 11:10 AM Unreasonable multiplication of charges motion was argued in open court. The defense argued the government cannot charge the theft and transmission of sets of documents separately. The government asserted these are separate and distinct criminal acts. More on the deliberations on this to come during lunch recess.
UPDATE – 11:04 AM Motion to compel discovery of grand jury testimony denied too. However, it almost sounded like she could have said it was granted “in part.” Why? She stated in her ruling that FBI participated with CID in the investigation of the accused and the “government has had access to one or more files that must be disclosed to the defense.” The FBI and Justice Department are “aligned agencies that have investigated.” And, so, “government has a duty to investigate and disclose exculpatory information to the defense.” She concluded “grand jury proceedings are not discoverable” under basic military rules for court martial proceedings. They are “secret.” Records cannot be turned over to the defense.
UPDATE – 11:00 AM Motion to dismiss all charges with prejudice denied. The judge finds no prosecutorial misconduct. She did not think the withholding of classified information so far had been unusual, as agencies in her opinion often wait to disclose this evidence until it is litigated. This essentially means until they are ordered or forced to disclose evidence they do not typically do it voluntary.
UPDATE – 10:55 AM Bradley Manning will be getting a trial. A date has been set: September 21 through Oct 12 of this year. It is, like all dates, subject to change depending on motions filed in the case. There will be three more motion hearings: June 6-8, July 16-20 and August 27-31.
Original Post
Legal proceedings in the case of Pfc. Bradley Manning, the soldier accused of releasing classified information to WikiLeaks, resumed yesterday, with the defense arguing in the military court at Fort Meade that all charges with prejudice should be dropped.
David Coombs, Manning’s lead defense attorney, argued the government did not understand basic military rules for the discovery of evidence in cases. The past two years the government had been searching only for material that they considered a “smoking gun” or “game-changing” evidence. They would not produce evidence that could lead to “reduction of punishment. “The government refused to produce damage assessment reports, hiding behind technicalities (for example, the State Department’s report on the release of diplomatic cables is allegedly incomplete so they refused to hand it over to Coombs).
He concluded the only “appropriate remedy” to “widespread discovery violations” was the dismissal of all charges with prejudice because, although the government could no go back and produce the evidence owed to the defense, this would create “speedy trial” issues. At least sixty-three agencies have to go through producing the information. They may also wish to cover up misconduct by rushing a re-review of evidence pertaining to Manning or WikiLeaks.
*For more, read this post I produced on yesterday’s proceedings.
The judge will make two rulings this morning on the motion to dismiss all charges with prejudice and the motion to compel discovery of grand jury testimony.
What will be litigated today is the following: a motion to dismiss the “aiding the enemy” charge, which the defense says lacks any mention of mental intent; a motion to dismiss Specification 1 of Charge II, a motion to dismiss and or consolidate charges as there is an “unreasonable multiplication of charges” and other various matters.
The Specification 1 of Charge II is a charge that alleges Manning “wrongfully and wantonly caused to be published on the Internet intelligence belonging to the United States government, having knowledge that intelligence published on the Internet is accessible to the enemy.”
The defense considers this charge to be one that charges the same conduct as the “aiding the enemy” charge. But, as a legal matter expert explains, the government contends they are referring to “two separate and distinct crimes.” The government also says on the issue of multiplication of charges that they are charging specific acts like Congress intended.
Court is to begin at 10:00 am. I will post updates during the short breaks and recesses. You can also follow me for quick updates at @kgosztola. I expect the hearing today to run until the middle of the afternoon.
Kevin Gosztola is the co-author of the new book, “Truth and Consequences: The US vs. Bradley Manning.” He will be doing an FDL Book Salon on April 28 on the recently published book.



16 Comments

Via twitter, trial date set for September 21, 2012. Motion to dismiss denied. Motion to comel grand jury testimony denied.
No surprises there, but grand jury testimony should have been compelled, IMO.
Quick drive by here.
Has there been any updates to the Witnesses for Defense?
Will Lamo and his FBI buddies be present for Prosecution?
Thank you, Kevin, for the updates.
I’ll be watching.
I thought only commies did secret trials? Bradley’s crime is leaking stuff we all know what he leaked so can anyone explain why evidence Bradley leaked stuff is secret?
Has the gov’t actually stated what documents / information was damaging?
I’ve heard the stories about how obnoxious state cables (i.e. “The First Lady of Country XYZ ate too much tonight.”) were released. But does the USG have to actually defend the legitimate classification of the documents? Or does their fiat make it so, even in this case?
Will the government point to specific examples of stuff Bradley leaked and specific examples of the harm he supposedly caused?
Somehow I doubt the enemy was unaware of American war crimes, somehow I doubt that other countries were unaware our diplomats lied or made fun of them.
At best he caused diplomats some embarrassment and lowered support for a war that was already unpopular.
But it can be argued that keeping knowledge of war crimes committed by our troops from the American People is the bigger crime and since Bradley swore to defend our American laws when he took the uniform Bradley was duty bound to expose those crimes since war crimes are against the law!
Cripes if a cop shoves a bank robber robbing a bank Obama would arrest the cop for battery with this twisted logic.
Good question sure its embarrassing and should not be made public that ” (i.e. “The First Lady of Country XYZ ate too much tonight.”)” and stuff like that is not a warcrime for which releasing that information Bradley should be getting a medal not jail time.
If Bradley had just released information about ” (i.e. “The First Lady of Country XYZ ate too much tonight.”)”
Then sure kick him out of the army 6 months jail maybe I could see that.
But Bradley I think released the ” (i.e. “The First Lady of Country XYZ ate too much tonight.”)” story as part of his releasing the war crimes stuff so he was acting to prevent a greater crime and so he should not in my non lawyer opinion get off.
The judge is treasonous scum, as are the prosecutors.
What should probably happen is:
1) a review of the legitimacy of the appropriate classification of each particular document; then
2) an investigation into why each document was classified as such; then
3) trials for Manning and those who set classifications for each document.
Of course, as Jane made clear with the Stratfor FBI leak… some people are allowed to leak classified information. Manning’s problem is that he wasn’t given pre-authorization for his leak.
True or false…If Manning escaped to Canada before trial and was on the run O could authorize a drone attack and have him killed by the drone missile under current legal precedent?
Sounds true to me. But then, O aided the Libyans who overthrew Gaddafi… before hoisting their al-Qaida flag over Benghazi. So is O assisting al-Qaida?
Oh what a tangled web we weave…
What America needs is someone who understands the difference between right and wrong… and is disinterested in the politics of making Senators, high-ranking civil servants and campaign contributors happy.
Manning’s fate has already been determined. We are simply watching the maneuvering involved in his show trial.
Can’t wrap my mind around the BS anymore. Can we test for knowing the difference between right and wrong? Is there a wonderlic for that. We have higher standards for starting QB’s in the NFL than we do for elected representatives.
Yes, but we may as well spend our time watching the trial to gather evidence and document the abuses of the legal system to persecute Manning. It may come in handy in the future when everyone’s had enough of the PTB. Just sayin’
That’s it; you’ve coined the name of our new progressive party…The Had Enough Party. Now we need a logo.:)
There’s already a great theme song…