Bradley Manning faces death under new charge of “Aiding Enemy”
“I’m shocked that the military opted to charge Pfc. Bradley Manning today with the capital offense of “aiding the enemy”. While the military is down playing the fact, the option to execute Bradley has been placed on the table. It’s beyond ironic that leaked US State Department cables have contributed to revolution and revolt in dictatorships across the Middle East and North Africa, yet an American may be executed, or at best face life in prison, for being the primary whistleblower. Millions of Americans, and even more internationally, clearly understand the contribution of Pfc. Manning towards not only freedom of information, but literally freedom itself. It’s hard for me to reconcile that with the US Army’s additional criminal charges against Pfc. Manning today.”
– Jeff Paterson, Courage to Resist / Bradley Manning Support Network
US ARMY NEWS RELEASE BY JOINT FORCE HQ-NATIONAL CAPITAL REGION
FOR IMMEDIATE RELEASE #11-04, DATE: March 2, 2011
ADDITIONAL CHARGES PREFERRED AGAINST PRIVATE 1st CLASS BRADLEY E. MANNING
FORT LESLEY J. MCNAIR, D.C. – After seven months of additional investigation by the U.S. Army Criminal Investigation Command (USACIDC) and other investigative agencies, the U.S. Army has charged Pvt. 1st Class Bradley E. Manning with 22 additional charges. These charges allege that as a military intelligence analyst, Manning introduced unauthorized software onto government computers to extract classified information, unlawfully downloaded it, improperly stored it, and transmitted the classified data for public release and use by the enemy. The investigation is still ongoing.
“The new charges more accurately reflect the broad scope of the crimes that Pvt. 1st Class Manning is accused of committing,” said Capt. John Haberland, a legal spokesperson for U.S. Army Military District of Washington. “The new charges will not affect Pvt. 1st Class Manning’s right to a speedy trial or his pretrial confinement,” he added.
On March 1, the commander, U.S. Army Headquarters Command Battalion, preferred the following specific charges:
- Aiding the enemy in violation of Article 104, Uniformed Code of Military Justice (UCMJ)
- 16 Specifications under Article 134, UCMJ:
- Wrongfully causing intelligence to be published on the internet knowing that it is accessible to the enemy (One Specification)
- Theft of Public Property or Records, in violation of 18 United States Code (U.S.C.) 641 (Five Specifications)
- Transmitting Defense Information, in violation of 18 U.S.C. 793(e) (Eight Specifications)
- Fraud and Related Activity in Connection with Computers in violation of 18 U.S.C. 1030(a)(1) (Two Specifications)
- Five Specifications in violation of Article 92, UCMJ, for violating Army Regulations 25-2 “Information Assurance” and 380-5 “Department of the Army Information Security Program.”
The charge of aiding the enemy under Article 104 is a capital offense; however, the prosecution team for the United States has notified the defense that the prosecution will not recommend the death penalty to the Convening Authority, Maj. Gen. Karl R. Horst, commanding general, U.S. Army Military District of Washington. Under the UCMJ, the Convening Authority ultimately decides what charges to refer to court-martial, and whether to seek the death penalty if Article 104 is referred. Therefore, if convicted of all charges, Manning would face a maximum punishment of reduction to the lowest enlisted pay grade, E-1; total forfeiture of all pay and allowances; confinement for life; and a dishonorable discharge.
At the request of Manning’s defense attorneys, the trial proceedings have been delayed since July 12, 2010, pending the results of a defense requested inquiry into Manning’s mental capacity and responsibility pursuant to Rule for Courts-Martial (R.C.M.) 706. Depending on the results of the R.C.M. 706 board, an Article 32 hearing may follow. An Article 32 hearing is the civilian equivalent of a grand jury, with additional rights afforded to the accused.
Manning remains confined in the Marine Corps Base Quantico Brig in Quantico, Va. He was notified of the additional charges in person during a command visit today. Despite his pretrial confinement, Manning is presumed innocent until proven guilty. The U.S. Army is committed to ensuring the continued safety and well-being of Pvt. 1st Class Manning while in pretrial confinement.
For media queries, please call the U.S. Army Military District of Washington, Public Affairs Office at 202-685-4645.