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    Bradley Manning verdict: Not guilty of aiding the enemy, guilty on almost all other counts

    Bradley Manning verdict: Not guilty of aiding the enemy, guilty on almost all other counts

    Army Pfc. Bradley Manning was found not guilty of ‘aiding the enemy’ today, but was found guilty of most of the other 20 offenses for which he was charged. The sentencing phase will begin tomorrow.

    From FOX News:

    The U.S. Army soldier charged with providing troves of government documents to the whistleblowing website Wikileaks was found not guilty Tuesday of aiding the enemy, the top charge in his 21-count indictment, which could have carried a life sentence.

    Prosecutors had to prove Army Pfc. Bradley Manning had “a general evil intent” and knew the classified material would be seen by the terrorist group Al Qaeda. Legal experts said an aiding-the- enemy conviction could set a precedent because Manning did not directly give the classified material to Al Qaeda.

    Manning was convicted of five espionage counts, five theft charges, a computer fraud charge and other military infractions. His sentencing is scheduled for Wednesday at 9:30 a.m.

    Manning had already admitted to leaking documents to Wikileaks.  Included in those materials were more than 250,000 State Department diplomatic cables, war logs, intelligence reports and a war video that has come to be known as the “Collateral Murder” video.  As such, he previously pled guilty to some of the Espionage Act offenses related to some of those files, as well as to some of the Computer Fraud and Abuse Acts offenses.  He pled not guilty to the aiding the enemy charge and several others.

    Independent journalist Alexa O’Brien (disclosure – she is a Manning supporter), who has long covered the Manning case and maintains an archives of all of the case transcripts, provides the most complete breakdown of the list of counts/charges and those to which Manning had already pled guilty.  I encourage you to review her complete post if you want to understand all the charges.

    O’Brien was there on site in MD today for the reading of the verdict and tweeted it out today, one charge at a time; I compiled them here:

    Aiding the Enemy— NOT GUILTY

    Spec 1, Charge II Wanton Pub. Guilty

    Spec II, Charge II Guilty to his LIO plea for 793(e) Collateral Murder

    Spec 3, Charge II CIA Red Cell Memo 793(e) GUILTY (10 years MAX)

    Spec 4, Charge II Iraq War Logs Database 641 GUILTY (10 years MAX)

    Spec 5, Charge II Iraq War Logs Espionage 793(e) GUILTY (10 years)

    Spec 6, Charge II Afghan War Diray Database 641 GUILTY (10 years)

    Spec 7, Charge II Afghan War Diary Espionage 793(e) GUILTY (10 Years MAX)

    Spec 8, Charge II GTMO Files Database 641 GUILTY (10 Years MAX)

    Spec 9, Charge II GTMO File 793(e) Espionage GUILTY (10 Years MAX)

    Spec 10, Charge II Farah Records 793(e) GUILTY (10 Years Max)

    Spec 11, Charge II Garani Video 793(e) NOT GUILTY

    Spec 12, Charge II Cablegate database 641 GUILTY (10 Years MAX)

    Spec 13, Charge II Cablegate CFAA Exceed Auth Access GUILTY (10 Years)

    Spec 14, Charge II Reykjavik 13 GUILTY to his LIO (‘knowingly accessing’) (2 years MAX)

    Spec 15, Charge II USACIC Memo on WikiLeaks 793(e) GUILTY (10 tears MAX)

    Spec 16, Charge II Microsoft Exchange GAL 641 GUILTY (10 Years MAX)

    Charge III (Article 92) Spec 1, 2, 3, 4, 5 GUILTY (2 years MAX each, TOTAL MAX 10 years)

    Spec 1, Charge II Wanton Publication (Which #Manning was found guilty of is 2 years MAX– see below)

    Spec 2, Charge II Guilty to his LIO plea for 793(e) Collateral Murder <– See below this is 2 years MAX)

    Manning faces 136 year MAX punishment on the crimes he was found GUILTY– sentencing begins tomorrow.


    O’Brien also has this breakdown below of the counts/charges posted at her blog.

    Military prosecutors charged Private First Class Bradley Manning on March 1, 2011 with violating three Articles of the Uniform Code of Military Justice (U.C.M.J):

    • Charge I: ‘Aiding the Enemy’ under Article 104
    • Charge II: 16 separate offenses under General Article 134
    • Charge III: 5 offenses of Article 92 ‘Failure to obey order or regulation’

    The 16 separate offenses under Charge II General Article 134 include:

    • 1 specification for ‘Wanton Publication of Intelligence on the Internet’
    • 8 specification of the Espionage Act– 18 U.S.C. 793(e)
    • 2 specification of the Computer Fraud and Abuse Act– 18 U.S.C. 1030(a)(1)
    • 5 specification of ‘Stealing U.S. Government Property’– 18 U.S.C. 641

    The five separate offenses of Charge III Article 92 or a ‘failure to obey order or regulation’ include:

    • attempting to bypass a network of information security system mechanism
    • adding unauthorized software to a Secret Internet Protocol Router Network on two separate occasions
    • using an information system in a manner other than its intended purpose
    • wrongfully storing classified information

    Lastly, she tweeted out this helpful graphic that displays the charges, common reference for those charges, federal violation, how Manning pled, max punishment, and ruling on each in one simple chart.

    I’ll have more once I’ve had a chance to fully digest the verdict.  As readers know, I am covering for the blog while Prof’s away, so I will try to write a more thoughtful post on this as soon as I have some more time.

    For previous coverage of the Bradley Manning trial at Legal Insurrection, click here.


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    GrumpyOne | July 30, 2013 at 3:35 pm

    If the sentence is consecutive, all will be good…

    Carol Herman | July 30, 2013 at 3:35 pm

    Sad verdict. Reminds me of Kimba Wood. The woman judge at Michael Milken’s trial. Who wanted to become a sitting justice. But after Clinton nominated her, her nomination ran into trouble. Because she hired an illegal alien to care for her son.

    Who knows what’s fair, anymore.

    We’ve got scum “adjudicators” in our military. Which shouldn’t come as news. But it is indeed sad. Knowing what the bastards want to keep secret shouldn’t need fifty more years before anything surfaces.

    Sometimes, I think we’re all made to feel like Abraham Lincoln. When he knew McClellan was incompetent. But was “loved” by congress critters who liked to fund America’s capacity to hold parades.

    The truth has an odd way of showing up late, always.

    redc1c4 | July 30, 2013 at 3:40 pm

    a fair sentence would be 6 or 8 147 grain FMJ-BTs through the chest cavity at 2800 FPS… but that;s the 11 Bravo in me.

    IOM, 136 years would be cruel and unusual.

    A sentence of no more than 99 consecutive years total, with possibility of 20 years ‘good time for early release’. would be fair.

    So, first parole hearing in 79 years from now.

    thorleywinston | July 30, 2013 at 4:20 pm

    I assume that during his incarceration he’d be kept in protective custody. Since his crimes involved betraying the United States to its enemies, Bradley Manning would probably be about as popular in a military prison as Jerry Sandusky would be in a civilian prison.

      m11_9 in reply to thorleywinston. | July 30, 2013 at 6:09 pm

      Protective custody in Manning’s case is 23 hours of bright light, no communication with any outsiders, and no clothing to wear.

      All for his own protection against any possible self-harm, or course.

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