Wikileaks judge to allow bin Laden raid member to testify for prosecution

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-Sun_Tzu-

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#1 -Sun_Tzu-
Member since 2007 • 17384 Posts

I think it's an ridiculous charge and would set a horrible precedent. He leaked the documents to wikileaks which then published the information (something that is completely within their right to do); he didn't hand anything to Bin Laden or Al Qaeda.

Also the article you linked only gives part of the story.

From Al Jazeera "A judge has ruled that the US government must prove that Bradley Manning knowingly helped al-Qaeda by leaking secret documents to the whistle-blower website WikiLeaks to convict him of aiding the enemy." 

So I'd say this is a good development 

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ad1x2

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#2 ad1x2
Member since 2005 • 8430 Posts
I'm pretty sure you lose some of your amendments when you're active duty. Fightingfan
Military justice may seem complicated but for the most part you keep your constitutional rights while in uniform. I say for the most part because if you tell your commander to fvck off he can charge you with disrespect and insubordination while in the civilian world the First Amendment says you are free to do that and the worst that could happen is your boss could fire you. As for the leaked information, you don't have to be in the military to be punished. If you have a security clearance it means you signed a nondisclosure agreement to be read on to what you are looking at. Civilian contractors with Secret and Top Secret clearances could be charged in a federal court for leaking classified information.
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#3 Toxic-Seahorse
Member since 2012 • 5074 Posts

[QUOTE="Toxic-Seahorse"][QUOTE="-Sun_Tzu-"]

I think it's an ridiculous charge and would set a horrible precedent. He leaked the documents to wikileaks which then published the information (something that is completely within their right to do); he didn't hand anything to Bin Laden or Al Qaeda.

Also the article you linked only gives part of the story.

From Al Jazeera "A judge has ruled that the US government must prove that Bradley Manning knowingly helped al-Qaeda by leaking secret documents to the whistle-blower website WikiLeaks to convict him of aiding the enemy." 

So I'd say this is a good development 

-Sun_Tzu-

How would he not think that giving away secret military documents would help the enemy? Sure he didn't give it directly to them but he knew the sensitive information was going to get published for everyone to see. What did he think wikileaks just wanted it to read for themselves? I don't see how it's possible for him to say he didn't knowingly help the enemy. He knew exacly what he was doing.

How is Bradley Manning suppose to know who is going to read what on the public domain?

This is a really dumb argument. To think that Al-Queda wouldn't read leaked US documents is absurd. It's not about who is reading it, but who COULD be reading it. Even if he gave the info to Al-Queda themselves there would be no real way to prove that they read the stuff. The simple fact that eh made it possible for them to read it is reason enough. He knew what he was doing. You do have a point with the rest of your post though. There is no way to prove that he knew how exactly the info would harm the U.S., although I would argue that he wouldn't have leaked it if he didn't think it would hurt the U.S.

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#4 Toxic-Seahorse
Member since 2012 • 5074 Posts

[QUOTE="Toxic-Seahorse"]

[QUOTE="-Sun_Tzu-"] How is Bradley Manning suppose to know who is going to read what on the public domain? -Sun_Tzu-

This is a really dumb argument. To think that Al-Queda wouldn't read leaked US documents is absurd. It's not about who is reading it, but who COULD be reading it. Even if he gave the info to Al-Queda themselves there would be no real way to prove that they read the stuff. The simple fact that eh made it possible for them to read it is reason enough. He knew what he was doing. You do have a point with the rest of your post though. There is no way to prove that he knew how exactly the info would harm the U.S., although I would argue that he wouldn't have leaked it if he didn't think it would hurt the U.S.

The judge has already dismissed your line of reasoning. The state was trying to argue the same thing you're arguing now - that all it had to do was prove that he leaked the documents in question and that has enough to prove that he aided the enemy. Colonel Lind shot that down, and for good reason. It would've been a very dangerous precedent to set.

And I don't even know what to make of your last sentence. 

My last sentence was basically saying that he can't say he didn't know it was going to hurt the U.S. He wouldn't have leaked the info if it wasn't going to hurt the U.S. His sole intention was to hurt the U.S. Also, I believe that judge is wrong and stupid for doing such a thing. Like I said, if he handed the documents to the leader of Al-Queda himself there is no way they could prove he actually read it. So they couldn't charge anyone with treason for giving up classified information because they could always fall back on "he didn't know they were going to read the info". It's stupid to say he didn't know Al-Queda would read the stuff and only a moron would believe that.

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#5 Slashless
Member since 2011 • 9534 Posts

[QUOTE="Toxic-Seahorse"]

His sole intention was to hurt the U.S.

-Sun_Tzu-

LOL

sure it was

bra

letting ppl know what's going on is bad for the ppl.

this terrorist must be executed at the spot.

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ad1x2

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#6 ad1x2
Member since 2005 • 8430 Posts

Story.

The judge Colonel Denise Lind is allowing the prosecution in the Wikileaks case against Private First Class Bradley Manning to call one of the team members in the Osama bin Laden raid to testify on their behalf. The prosecution wants to have the member testify that during the raid evidence of some of the documents Manning leaked were delivered to bin Laden, completing the requirements to prosecute him for the charge of Aiding the Enemy. Aiding the Enemy is a capital offense under the UCMJ but the prosecution says they are not going to seek the death penalty.

Normally I would link the Yahoo article but it was just a little lacking in length.

Thoughts?

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Shadow_Fighter

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#7 Shadow_Fighter
Member since 2006 • 223 Posts

But he still realsed classified military documents during an active conflict.  No matter how anyone tries to spin it he basicly commited treason.

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-Sun_Tzu-

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#8 -Sun_Tzu-
Member since 2007 • 17384 Posts

But he still realsed classified military documents during an active conflict.  No matter how anyone tries to spin it he basicly commited treason.

Shadow_Fighter
lol
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#9 Fightingfan
Member since 2010 • 38011 Posts
I'm pretty sure you lose some of your amendments when you're active duty.
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#10 Toxic-Seahorse
Member since 2012 • 5074 Posts

I think it's an ridiculous charge and would set a horrible precedent. He leaked the documents to wikileaks which then published the information (something that is completely within their right to do); he didn't hand anything to Bin Laden or Al Qaeda.

Also the article you linked only gives part of the story.

From Al Jazeera "A judge has ruled that the US government must prove that Bradley Manning knowingly helped al-Qaeda by leaking secret documents to the whistle-blower website WikiLeaks to convict him of aiding the enemy." 

So I'd say this is a good development 

-Sun_Tzu-
How would he not think that giving away secret military documents would help the enemy? Sure he didn't give it directly to them but he knew the sensitive information was going to get published for everyone to see. What did he think wikileaks just wanted it to read for themselves? I don't see how it's possible for him to say he didn't knowingly help the enemy. He knew exacly what he was doing.
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-Sun_Tzu-

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#11 -Sun_Tzu-
Member since 2007 • 17384 Posts
I'm pretty sure you lose some of your amendments when you're active duty. Fightingfan
This doesn't even have anything to do with Bradley Manning's constitutional rights (or lack thereof). What the state is trying to prove here is a complete non sequitar.
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#12 -Sun_Tzu-
Member since 2007 • 17384 Posts

[QUOTE="-Sun_Tzu-"]

I think it's an ridiculous charge and would set a horrible precedent. He leaked the documents to wikileaks which then published the information (something that is completely within their right to do); he didn't hand anything to Bin Laden or Al Qaeda.

Also the article you linked only gives part of the story.

From Al Jazeera "A judge has ruled that the US government must prove that Bradley Manning knowingly helped al-Qaeda by leaking secret documents to the whistle-blower website WikiLeaks to convict him of aiding the enemy." 

So I'd say this is a good development 

Toxic-Seahorse

How would he not think that giving away secret military documents would help the enemy? Sure he didn't give it directly to them but he knew the sensitive information was going to get published for everyone to see. What did he think wikileaks just wanted it to read for themselves? I don't see how it's possible for him to say he didn't knowingly help the enemy. He knew exacly what he was doing.

How is Bradley Manning suppose to know who is going to read what on the public domain? Moreover, the state not only has to prove that beyond a reasonable doubt, but they also have to prove that Manning had reason to believe that the documents in question "could be used to the injury of the US". Per the NY Times "Prosecutors had contended that they should be required to prove only that he willfully disclosed defense-related files to win a conviction under the spying law." They set the bar that low for a reason, because meeting this new burden of proof is considerably more difficult in a court of law.

Also keep in mind that Bradley Manning is pleading guilty to most of the charges against him. He is not arguing that he is innocent in all of this. But to say he committed treason is absurd. For lack of a better word it's an Orwellian charge. 

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#13 -Sun_Tzu-
Member since 2007 • 17384 Posts

[QUOTE="-Sun_Tzu-"]

[QUOTE="Toxic-Seahorse"] How would he not think that giving away secret military documents would help the enemy? Sure he didn't give it directly to them but he knew the sensitive information was going to get published for everyone to see. What did he think wikileaks just wanted it to read for themselves? I don't see how it's possible for him to say he didn't knowingly help the enemy. He knew exacly what he was doing.Toxic-Seahorse

How is Bradley Manning suppose to know who is going to read what on the public domain?

This is a really dumb argument. To think that Al-Queda wouldn't read leaked US documents is absurd. It's not about who is reading it, but who COULD be reading it. Even if he gave the info to Al-Queda themselves there would be no real way to prove that they read the stuff. The simple fact that eh made it possible for them to read it is reason enough. He knew what he was doing. You do have a point with the rest of your post though. There is no way to prove that he knew how exactly the info would harm the U.S., although I would argue that he wouldn't have leaked it if he didn't think it would hurt the U.S.

The judge has already dismissed your line of reasoning. The state was trying to argue the same thing you're arguing now - that all it had to do was prove that he leaked the documents in question and that has enough to prove that he aided the enemy. Colonel Lind shot that down, and for good reason. It would've been a very dangerous precedent to set.

And I don't even know what to make of your last sentence. 

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-Sun_Tzu-

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#14 -Sun_Tzu-
Member since 2007 • 17384 Posts

His sole intention was to hurt the U.S.

Toxic-Seahorse

LOL

sure it was

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#15 SUD123456
Member since 2007 • 7063 Posts

[QUOTE="-Sun_Tzu-"]

[QUOTE="Toxic-Seahorse"] This is a really dumb argument. To think that Al-Queda wouldn't read leaked US documents is absurd. It's not about who is reading it, but who COULD be reading it. Even if he gave the info to Al-Queda themselves there would be no real way to prove that they read the stuff. The simple fact that eh made it possible for them to read it is reason enough. He knew what he was doing. You do have a point with the rest of your post though. There is no way to prove that he knew how exactly the info would harm the U.S., although I would argue that he wouldn't have leaked it if he didn't think it would hurt the U.S.

Toxic-Seahorse

The judge has already dismissed your line of reasoning. The state was trying to argue the same thing you're arguing now - that all it had to do was prove that he leaked the documents in question and that has enough to prove that he aided the enemy. Colonel Lind shot that down, and for good reason. It would've been a very dangerous precedent to set.

And I don't even know what to make of your last sentence.

My last sentence was basically saying that he can't say he didn't know it was going to hurt the U.S. He wouldn't have leaked the info if it wasn't going to hurt the U.S. His sole intention was to hurt the U.S. Also, I believe that judge is wrong and stupid for doing such a thing. Like I said, if he handed the documents to the leader of Al-Queda himself there is no way they could

prove he actually read it. So they couldn't charge anyone with treason for giving up classified information because they could always fall back on "he didn't know they were going to read the info". It's stupid to say he didn't know Al-Queda would read the stuff and only a moron would believe that.

Actually his whole defence on this charge is that he intended to help the US by exposing what he believed to be inherently immoral actions. You have leapt to your own conclusion on mens rea.

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#16 PannicAtack
Member since 2006 • 21040 Posts

But he still realsed classified military documents during an active conflict.  No matter how anyone tries to spin it he basicly commited treason.

Shadow_Fighter
I don't think you know what actually qualifies as treason.
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#17 MrPraline
Member since 2008 • 21351 Posts
The prosecution wants to have the member testify that during the raid evidence of some of the documents Manning leaked were delivered to bin Laden, completing the requirements to prosecute him for the charge of Aiding the Enemy. ad1x2
LOL. This is satire right?

But he still realsed classified military documents during an active conflict.  No matter how anyone tries to spin it he basicly commited treason.

Shadow_Fighter
LOLL
His sole intention was to hurt the U.S.Toxic-Seahorse
LOLLL what the f*ck is going on in this thread free bradley manning
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#18 UniversalBread
Member since 2013 • 89 Posts
[QUOTE="MrPraline"] what the f*ck is going on in this thread free bradley manning

I'm curious, why do you want him free? The case seems pretty solid/straight forward, he released classified information which aided the enemy. A capital offense. Why do you want him freed?
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#19 deactivated-5f9e3c6a83e51
Member since 2004 • 57548 Posts

I guess it depends on what he leaked.  It would be one thing if he just leaked that video of some US servicemen acting inappropriately, but if he released other sensitive information then its more serious.  I like freedom of information, but I understand that some government dealings are going to be classified.  Perhaps he should have spoken with journalists instead and given them his thoughts, as opposed to just leak out all those documents.

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#20 MrPraline
Member since 2008 • 21351 Posts
[QUOTE="UniversalBread"][QUOTE="MrPraline"] what the f*ck is going on in this thread free bradley manning

I'm curious, why do you want him free? The case seems pretty solid/straight forward, he released classified information which aided the enemy. A capital offense. Why do you want him freed?

Because nothing about the case has been right. Awful and cruel treatment, and more than a thousand years locked in a cage without a fair trial. I understand the powerful people are angry at him. But if it's such a solid case, give the man a trial and sentence him. Not humiliate him like the c*nt Chief Warrant Officer Denise Barnes removing his underwear with a bullsh*t excuse of being scared of suicide. And uhm, beyond that, I think we shouldn't lock up whistle blowers.
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#21 UniversalBread
Member since 2013 • 89 Posts
[QUOTE="MrPraline"] Because nothing about the case has been right. Awful and cruel treatment, and more than a thousand years locked in a cage without a fair trial. I understand the powerful people are angry at him. But if it's such a solid case, give the man a trial and sentence him. Not humiliate him like the c*nt Chief Warrant Officer Denise Barnes removing his underwear with a bullsh*t excuse of being scared of suicide. And uhm, beyond that, I think we shouldn't lock up whistle blowers.

A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department or private company or organization. I'm not sure whether the content he released classified him as a whistle blower, I don't think you're aware what exactly he released either but if you are I'd appreciate it if you enlightened me. No sarcasm intended, I'm searching now for the content of the documents but it's yielding no relevant results.
You have a right to fair and speedy trial in America, a thousand days isn't bad I've heard of much worse. You can argue that they were excessive in their treatment of him but unless they out right tortured him (and many men spend MANY MANY years in solitary confinement, that unfortunately doesn't count as torture) that won't allow for a dismissal.
Honestly, in my belief and in accordance with the law, if he provided information to Wikileaks that could benefit our enemies in the Middle East the guy deserves to be convicted and incarcerated. It all depends on the content of that information. In the case that he is indeed a whistle blower though he is still going to face some serious time. Either way he's screwed.
I have no idea what would compel a person to risk the death penalty.
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#22 MrPraline
Member since 2008 • 21351 Posts
[QUOTE="UniversalBread"][QUOTE="MrPraline"] Because nothing about the case has been right. Awful and cruel treatment, and more than a thousand years locked in a cage without a fair trial. I understand the powerful people are angry at him. But if it's such a solid case, give the man a trial and sentence him. Not humiliate him like the c*nt Chief Warrant Officer Denise Barnes removing his underwear with a bullsh*t excuse of being scared of suicide. And uhm, beyond that, I think we shouldn't lock up whistle blowers.

A whistleblower is a person who tells the public or someone in authority about alleged dishonest or illegal activities occurring in a government department or private company or organization. I'm not sure whether the content he released classified him as a whistle blower, I don't think you're aware what exactly he released either but if you are I'd appreciate it if you enlightened me. No sarcasm intended, I'm searching now for the content of the documents but it's yielding no relevant results.
You have a right to fair and speedy trial in America, a thousand days isn't bad I've heard of much worse. You can argue that they were excessive in their treatment of him but unless they out right tortured him (and many men spend MANY MANY years in solitary confinement, that unfortunately doesn't count as torture) that won't allow for a dismissal.
Honestly, in my belief and in accordance with the law, if he provided information to Wikileaks that could benefit our enemies in the Middle East the guy deserves to be convicted and incarcerated. It all depends on the content of that information. In the case that he is indeed a whistle blower though he is still going to face some serious time. Either way he's screwed.
I have no idea what would compel a person to risk the death penalty.

There's plenty of things on this list (not an objective source, I know, has sources/footnotes though) that I would consider whistle blowing. But yeah, I don't claim to know exactly what was leaked. And I agree with your final statement: he's f*cked hard.
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#23 UniversalBread
Member since 2013 • 89 Posts
[QUOTE="MrPraline"] There's plenty of things on this list (not an objective source, I know, has sources/footnotes though) that I would consider whistle blowing. But yeah, I don't claim to know exactly what was leaked. And I agree with your final statement: he's f*cked hard.

Yeah the list makes it look as though that those items were the ones leaked by Bradley when in fact they're just other things the US has classified. I think whatever he leaked was at least important enough to peak the interest of our enemies if it was in Bin Laden's possession though. We'll just have to wait and see, and by that I mean the information in those documents might not actually surface for decades.
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#24 MrPraline
Member since 2008 • 21351 Posts
[QUOTE="UniversalBread"][QUOTE="MrPraline"] There's plenty of things on this list (not an objective source, I know, has sources/footnotes though) that I would consider whistle blowing. But yeah, I don't claim to know exactly what was leaked. And I agree with your final statement: he's f*cked hard.

Yeah the list makes it look as though that those items were the ones leaked by Bradley when in fact they're just other things the US has classified. I think whatever he leaked was at least important enough to peak the interest of our enemies if it was in Bin Laden's possession though. We'll just have to wait and see, and by that I mean the information in those documents might not actually surface for decades.

Yeah. Despite Obama's promises, transparency is not something we can expect from the fedgov sadly.
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#25 ad1x2
Member since 2005 • 8430 Posts

LOLLL what the f*ck is going on in this thread free bradley manningMrPraline

From paragraph 9 of DD Form 4:

I understand that many laws, regulations, and military customs
will govern my conduct and require me to do things under this
agreement that a civilian does not have to do.

Also:

As a member of the Armed Forces of the United States, I will be:


(1) Required to obey all lawful orders and perform all assigned
duties.

(3) Subject to the military justice system, which means, among
other things, that I may be tried by military courts-martial.

The US military hasn't drafted anybody since 1973. Bradley Manning under his own free will signed the document I linked above and as a result under his own free will agreed to abide by it. If he didn't want to then he should have stayed a civilian.

Despite Obama's promises, transparency is not something we can expect from the fedgov sadly.MrPraline

Transparency is nice in theory but that isn't something you can expect on a document that has the words "Secret" or "Top Secret" on the header and footer of it. Otherwise, there would be no purpose of giving out security clearance if everybody who asks nicely is allowed to look at classified information.

People can call Bradley Manning a whistleblower all day long, but he doesn't meet the criteria.

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#26 Treflis
Member since 2004 • 13757 Posts
My two cents about the entire thing is that, and this will be a rather simplistic parallell. Say you have someone who works for a company and gets his hands on information that shows the company got some dirty laundry, Say..child labor where there's been reports of several kids dying as a result as merely an example, He decides to hand this to NY Times and they publish it. Granted the company gets pissed and he's definitly fired. Did he do wrong or right? Granted there is a difference between a company and the government of a country , in most cases. And I'll agree that legally he's guilty, which to my understanding he's plead himself guilty too. But treason...that's a long stretch and if it goes through then what? What if someone hands a Newspaper proof of some dirt that a Senator has done, or for the sake of setting, a general. Valid therms for the charge of treason? Exactly what would happens with news and information then?
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#27 FuggaJ
Member since 2012 • 318 Posts

[QUOTE="MrPraline"] what the f*ck is going on in this thread free bradley manningUniversalBread
I'm curious, why do you want him free? The case seems pretty solid/straight forward, he released classified information which aided the enemy. A capital offense. Why do you want him freed?

If the enemy is defined as the US public and journalists in this case, then yes he aided the enemy. I was also unaware the people are actually against Manning. I honestly can't believe it.

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#28 CKYguy25
Member since 2012 • 2087 Posts

how about just kill off everyone in association to Bin Laden?