12:08PM EST Government defends admissibility of evidence that it thinks shows that Manning conspired with WikiLeaks. For an in-depth look at this point during today’s proceedings, read here.
11:08AM EST Prosecution argues that if WikiLeaks has a plan to compromise classified information, that would go towards the “aiding the enemy” charge.
11:06AM EST Defense states that “Manning is not charged with conspiracy. What WikiLeaks intends to do doesn’t matter. It has no impact on PFC Manning.”
11:05AM EST The arguments on admissibility of evidence center on whether Bradley Manning was actively working on behalf of WikiLeaks.
The eighth day of Pfc. Bradley Manning’s trial is expected to be brief. It will conclude by noon and will be limited to arguments about pieces of evidence the defense objects to having admitted in court.
The three pieces of evidence involve the WayBack Machine, an internet archive, and two messages that WikiLeaks sent out on Twitter. The evidence ties into the 2009 “Most Wanted” list that prosecutors have claimed played some role in Manning deciding what to disclose to WikiLeaks.
It is unclear why the prosecutors are offering this evidence or need to have this evidence admitted. A legal subject matter expert at Fort Meade told reporters it is “complex enough that we’ve had to stop, file motions and litigate it for a number of hours.”
Yesterday, it came out in court that the defense is attempting to get the judge to take “judicial notice” or accept a set of pieces of evidence as fact in the trial. These pieces of evidence include the Freedom of Information Act request submitted by Reuters for the “Collateral Murder” video, a CENTCOM assessment of the video, and 9/11 messages that WikiLeaks published.
All of this goes to demystifying WikiLeaks. The defense must continue to maintain it operates like any legitimate journalistic outlet because the prosecutors are insisting it exists to exfiltrate and publish secret government information and/or proprietary data of corporations.
For yesterday’s updates, go here. Here’s the book, “Truth & Consequences: The US vs. Bradley Manning,” which I co-authored with Greg Mitchell. And, again, thanks to my assistant, Jeff Creamer, who is helping me with my coverage.