United States v. Bradley Manning

United States v. Bradley Manning is the court-martial case involving US Army Private First Class Bradley E. Manning, who is alleged to have delivered US government documents to those not entitled to receive them in 2009 and 2010. Media reports have alleged that the receiver was Julian Assange of Wikileaks.

Manning was arrested in May 2010.^[1] A Uniform Code of Military Justice (UCMJ) Article 32 pre-trial hearing was scheduled for May/June 2011. All charges were alleged to have occurred "at or near" Contingency Operating Station Hammer, Iraq, in 2009 and 2010.

1 Charges, listed by alleged code violation
2 Charges, listed by document
3 Charges, listed in the order given on the Charge Sheets
4 See also
5 References
6 External links

Charges, listed by alleged code violation

The charges can be broken down as follows:

UCMJ 104 (Aiding the enemy): 1 count. This charge carries a potential death penalty.

UCMJ 92 (Failure to obey a lawful order or regulation): 9 counts. Mostly related to computers.^[2]^[3]
- Army Regulation 25-2, para. 4-6(k): Forbids transferring classified info to non-secure systems
- Army Regulation 25-2, para. 4-5(a)(3): Modifying or installing unauthorized software to a system, using it for 'unintended' purposes.
- Army Regulation 25-2, para. 4-5(a)(4): Circumventing security mechanisms
- Army Regulation 380-5: Improper storage of Classified Information

UCMJ 134 (General article): 24 counts. Most of these counts incorporate civilian statutes from the United States Code:
- 18 U.S.C. § 641: Embezzlement and Theft of Public Money, Property or Records. The government has claimed that various sets of records that Manning transferred were 'things of value' and has thus charged him under this statute.
- 18 U.S.C. § 793(e): This is part of the Espionage Act. The law forbids 'unauthorized persons' from taking 'national defense' information and either 'retaining' it or delivering it to 'persons not entitled to receive it'. The terminology is rather complicated and often contested in court. 793(e) exists because the McCarran Internal Security Act of 1950 modified the original 1917 Espionage Act, partly because of the Alger Hiss/Pumpkin papers case. It is also the same law used against Daniel Ellsberg and Anthony Russo in the Pentagon papers case.^[4]^[5]
- 18 U.S.C. § 1030(a) 1 & 2: These are from the Computer Fraud and Abuse Act of 1986. 1030(a)(1) is sometimes called the 'Computer Espionage' law as it borrows much of it's language from the Espionage Act. It was modified by the USA Patriot Act of 2001, which added it to the 'Federal Crimes of Terrorism' list, as well as making it prosecutable under RICO (Racketeering) law.^[6]

Total number of counts: 34

Charges, listed by document

Most of Manning's charges are directly related to the alleged transferral of a specific document to another party. These documents are as follows:

The 2007 July 12 Baghdad video
various groups of US State Department cables, unclassified and classified
The "Reykjavik 13" US State Department cable
Records from the CIDNEI database
Records from the CIDNEA database
A Microsoft PowerPoint presentation
Records from a US Southern Command database
Files "BE22 PAX.zip" and "BE22 PAX.wmv".
United States Forces – Iraq email address list
a Record from US Army Intelligence
A memorandum from an intelligence agency

The media has alleged that many of these documents are the same as documents published by Wikileaks, including:

The July 12, 2007 Baghdad airstrike ("Collateral Murder") video
United States diplomatic cables leak
The Reykjavic 13 cable
Iraq War documents leak (CIDNEI)^[7]
Afghan War documents leak (CIDNEA)^[7]
Granai airstrike video (BE22 PAX) (alleged by Wired and Marcy Wheeler)^[8]^[9]

Charges, listed in the order given on the Charge Sheets

Set 1

The first set of charges came on July 5, 2010. The Specifications (Spec.) are listed below in the same order as they are listed on the charge sheets. To the right of each specification is a description of the related documents or actions.^[10]

Charge 1: Violation of UCMJ Article 92 (Failure to obey a lawful order or regulation)

Spec. 1: Army Reg. 25-2, para. 4-6(k): The 2007 July 12 Baghdad video
Spec. 2: Army Reg. 25-2, para. 4-6(k): 50 classified US Dept of State cables
Spec. 3: Army Reg. 25-2, para. 4-6(k): A classified Microsoft Office PowerPoint presentation
Spec. 4: Army Reg. 25-2, para. 4-5(a)(3): Adding unauthorized software to SIPRNet

Charge 2: Violation of UCMJ Article 134 (General article)

Spec. 1: 18 U.S.C. § 793(e): The 2007 July 12 Baghdad video
Spec. 2: 18 U.S.C. § 1030(a)(1): The 2007 July 12 Baghdad video
Spec. 3: 18 U.S.C. § 1030(a)(1): The classified US State Dept Cable named "Reykjavik 13"
Spec. 4: 18 U.S.C. § 1030(a)(1): 50 classified US State Dept cables
Spec. 5: 18 U.S.C. § 1030(a)(2): The 2007 July 12 Baghdad video
Spec. 6: 18 U.S.C. § 1030(a)(2): The classified US State Dept Cable named "Reykjavik 13"
Spec. 7: 18 U.S.C. § 1030(a)(2): 150,000 diplomatic cables
Spec. 8: 18 U.S.C. § 1030(a)(2): A classified Microsoft Office PowerPoint presentation

Set 2

The second set of charges came on March 1, 2011, and are as follows:^[11]

Additional Charge 1: Violation of UCMJ Article 104 (Aiding the enemy)

Spec. 1: Knowingly giving intelligence to the enemy through indirect means

Additional Charge 2: Violation of UCMJ Article 134 (General article)

Spec. 1: (statute not given): Causing intelligence to be published, knowing that it is accessible to the enemy
Spec. 2: 18 U.S.C. § 793(e): A file named "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi"
Spec. 3: 18 U.S.C. § 793(e): Memorandi from a US intelligence agency
Spec. 4: 18 U.S.C. § 641: 380,000 records from the CIDNEI database
Spec. 5: 18 U.S.C. § 793(e): >20 records from the CIDNEI database
Spec. 6: 18 U.S.C. § 641: >90,000 records from the CIDNEA database
Spec. 7: 18 U.S.C. § 793(e): >20 records from the CIDNEA database
Spec. 8: 18 U.S.C. § 641: >700 records from a US Southern Command database
Spec. 9: 18 U.S.C. § 793(e): >3 records from a US Southern Command database
Spec. 10: 18 U.S.C. § 793(e): >5 records relating to an operation in Farah Province, Afghanistan
Spec. 11: 18 U.S.C. § 793(e): The files "BE22 PAX.zip" and "BE22 PAX.wmv"
Spec. 12: 18 U.S.C. § 641: 250,000 records from the State Dept Net-Centric Diplomacy database
Spec. 13: 18 U.S.C. § 1030(a)(1): >75 US State Dept cables
Spec. 14: 18 U.S.C. § 1030(a)(1): The State Dept cable named "Reykjavik-13"
Spec. 15: 18 U.S.C. § 793(e): A record of a US Army Intelligence organization
Spec. 16: 18 U.S.C. § 641: The US Forces - Iraq Microsoft Outlook / SharePoint Exchange Server global address list

Additional Charge 3: Violation of UCMJ Article 92 (Failure to obey a lawful order or regulation)

Spec. 1: Army Reg. 25-2, para. 4-5(a)(4): Bypassing security mechanisms
Spec. 2: Army Reg. 25-2, para. 4-5(a)(3): Adding unauthorized software to a SIPRNet computer
Spec. 3: Army Reg. 25-2, para. 4-5(a)(3): Adding unauthorized software to a SIPRNet computer
Spec. 4: Army Reg. 25-2, para. 4-5(a)(3): Using an information system for other than its intended purpose
Spec. 5: Army Reg. 380-5, para. 7-4: Wrongfully storing classified information

References

^ The Hague Academic Coalition, DomCLIC Project (2011). "The United States Army v Bradley Manning". http://www.haguejusticeportal.net/eCache/DEF/12/444.html. Retrieved 2011-04-13.
^ US Army (2000). "Army Regulation 308-5". http://www.apd.army.mil/pdffiles/r380_5.pdf. Retrieved 2011-04-13.
^ US Army (2009). "Army Regulation 2-25". http://www.apd.army.mil/pdffiles/r25_2.pdf. Retrieved 2011-04-13.
^ Harold Edgar & Benno C. Schmidt, Jr. (1973). "The Espionage Statutes and Publication of Defense Information". 73 Columbia Law Review 929, 940. http://www.fas.org/sgp/library/. Retrieved 2011-04-11. from the Federation of American Scientists website
^ Jennifer K. Elsea (2010-01-10). "Criminal Prohibitions on the Publication of Classified Defense Information". http://www.fas.org/sgp/crs/secrecy/R41404.pdf. Retrieved 2011-04-13. from the Federation of American Scientists website
^ US DOJ, Computer Crime & Intellectual Property Section , Scott Eltringham, ed. (Feb 2007). "Prosecuting Computer Crimes". http://www.justice.gov/criminal/cybercrime/ccmanual/01ccma.html#B.6.. Retrieved 2011 4 16. Chapter 1, Computer Fraud and Abuse Act, pg 14
^ ^a ^b How Manning Stole The Cables by Nick Dubaz on November 30, 2010, conflicthealth.com (website of Christopher Albon) retr Sep 2011
^ A Narrative Chronology of Bradley Manning’s Alleged Leaks, March 5 2011, Marcy Wheeler
^ Video Captures Bradley Manning With Hacker Pals at Time of First Leaks Kim Zetter, Wired.com, May 20, 2011
^ US Army HHC, 2d BCT, 10th MTN Div (LI) (2010-07-05). "Charge Sheet of Bradley E. Manning". Cryptome. http://cryptome.org/manning/Manning-charge-sheet.pdf. Retrieved 2011-12-23.
^ US Army, MDW, OSJA, HQ CMD BN, USA (2011-03-01). "Charge Sheet of Bradley E. Manning (Additional)". Cryptome. http://cryptome.org/manning/maning_additional_charge_sheet_redacted_02mar11.pdf. Retrieved 2011-12-23.

External links

UCMJ and Espionage, from Philip D. Cave
The United States Army v Bradley Manning, Hague Justice Portal
Army Wikileaker Manning Faces Possible Death Penalty With New Charges Jason Mick - March 3, 2011, dailytech.com
Bradley Manning/Wikileaks Timeline, Fire Dog Lake.com

WikiLeaks

2006–2010 leaks

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Cables leak

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