United States v. Bradley Manning
Encyclopedia
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. 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.
}: 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.
}: 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.
} 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.
Total number of counts: 34
The media has alleged that many of these documents are the same as documents published by Wikileaks
, including:
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.
Set 2
The second set of charges came on March 1, 2011, and are as follows:
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the U.S. military. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice , which is the U.S. military's criminal code...
case involving US Army Private First Class
Private First Class
Private First Class is a military rank held by junior enlisted persons.- Singapore :The rank of Private First Class in the Singapore Armed Forces lies between the ranks of Private and Lance-Corporal . It is usually held by conscript soldiers midway through their national service term...
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
Julian Assange
Julian Paul Assange is an Australian publisher, journalist, writer, computer programmer and Internet activist. He is the editor in chief of WikiLeaks, a whistleblower website and conduit for worldwide news leaks with the stated purpose of creating open governments.WikiLeaks has published material...
of Wikileaks
Wikileaks
WikiLeaks is an international self-described not-for-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources, news leaks, and whistleblowers. Its website, launched in 2006 under The Sunshine Press organisation, claimed a database of more...
.
Manning was arrested in May 2010. A Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
(UCMJ) Article 32
Article 32 hearing
An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law. Its name is derived from UCMJ section VII Article An Article 32 hearing is a proceeding under the United States Uniform Code of Military...
pre-trial hearing was scheduled for May/June 2011. All charges were alleged to have occurred "at or near" Contingency Operating Station Hammer, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, in 2009 and 2010.
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.
- 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 InformationClassified informationClassified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
- UCMJ 134 (General articleGeneral article (military law)A general article, in military law is a legal provision that authorizes punishment of military personnel on grounds that are less specific as to the particulars of the offense and as to the punishment, compared to most crimes in modern West European law...
): 24 counts. Most of these counts incorporate civilian statutes from the United States CodeUnited States CodeThe Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
:
}: 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.
}: 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
McCarran Internal Security Act
The Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran , is a United States federal law of the McCarthy era. It was passed over President Harry Truman's veto...
of 1950 modified the original 1917 Espionage Act, partly because of the Alger Hiss
Alger Hiss
Alger Hiss was an American lawyer, government official, author, and lecturer. He was involved in the establishment of the United Nations both as a U.S. State Department and U.N. official...
/Pumpkin papers case. It is also the same law used against Daniel Ellsberg
Daniel Ellsberg
Daniel Ellsberg, PhD, is a former United States military analyst who, while employed by the RAND Corporation, precipitated a national political controversy in 1971 when he released the Pentagon Papers, a top-secret Pentagon study of U.S. government decision-making in relation to the Vietnam War,...
and Anthony Russo
Anthony Russo (whistleblower)
Anthony J. "Tony" Russo, Jr. was an American researcher who assisted Daniel Ellsberg, his friend and former colleague at the RAND Corporation, in copying the Pentagon Papers.-Early life:...
in the Pentagon papers
Pentagon Papers
The Pentagon Papers, officially titled United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense, is a United States Department of Defense history of the United States' political-military involvement in Vietnam from 1945 to 1967...
case.
} 1 & 2: These are from the Computer Fraud and Abuse Act
Computer Fraud and Abuse Act
The Computer Fraud and Abuse Act is a law passed by the United States Congress in 1986, intended to reduce cracking of computer systems and to address federal computer-related offenses...
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
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
of 2001, which added it to the 'Federal Crimes of Terrorism' list, as well as making it prosecutable under RICO (Racketeering) law.
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 – IraqUnited States Forces – IraqUnited States Forces - Iraq is a U.S. military sub-unified command, part of U.S. Central Command. It is stationed in Iraq as agreed with the Government of Iraq under the U.S.–Iraq Status of Forces Agreement. USF-I replaced the previous commands Multi-National Force - Iraq, Multi-National Corps -...
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
Wikileaks
WikiLeaks is an international self-described not-for-profit organisation that publishes submissions of private, secret, and classified media from anonymous news sources, news leaks, and whistleblowers. Its website, launched in 2006 under The Sunshine Press organisation, claimed a database of more...
, including:
- The July 12, 2007 Baghdad airstrikeJuly 12, 2007 Baghdad airstrikeThe July 12, 2007 Baghdad airstrikes were a series of air-to-ground attacks conducted by a team of two United States Army AH-64 Apache helicopters in Al-Amin al-Thaniyah, in the district of New Baghdad in Baghdad, during the insurgency that followed the Iraq War.In the first strike "Crazyhorse 1/8"...
("Collateral Murder") video - United States diplomatic cables leakUnited States diplomatic cables leakThe United States diplomatic cables leak, widely known as Cablegate, began in February 2010 when WikiLeaks—a non-profit organization that publishes submissions from anonymous whistleblowers—began releasing classified cables that had been sent to the U.S. State Department by 274 of its consulates,...
- The Reykjavic 13 cable
- Iraq War documents leakIraq War documents leakThe Iraq War documents leak is the unsanctioned disclosure of a collection of 391,832 United States Army field reports, also called the Iraq War Logs, of the Iraq War from 2004 to 2009 to several international media organizations and published on the Internet by WikiLeaks on 2010. The files record...
(CIDNEI) - Afghan War documents leak (CIDNEA)
- Granai airstrikeGranai airstrikeThe Granai airstrike, sometimes called the Granai massacre, refers to the killing of a large number of Afghan civilians, mostly children, and including women, by American aircraft on May 4, 2009, in the village of Granai in Farah Province, south of Herat, Afghanistan...
video (BE22 PAX) (alleged by WiredWired (magazine)Wired is a full-color monthly American magazine and on-line periodical, published since January 1993, that reports on how new and developing technology affects culture, the economy, and politics...
and Marcy WheelerMarcy WheelerMarcy Wheeler is an American blogger who wrote in The Next Hurrah prior to contributing primarily to Jane Hamsher's FireDogLake , between early December 2007 and July 2011....
)
Charges, listed in the order given on the Charge Sheets
Set 1The 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.
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 videoJuly 12, 2007 Baghdad airstrikeThe July 12, 2007 Baghdad airstrikes were a series of air-to-ground attacks conducted by a team of two United States Army AH-64 Apache helicopters in Al-Amin al-Thaniyah, in the district of New Baghdad in Baghdad, during the insurgency that followed the Iraq War.In the first strike "Crazyhorse 1/8"...
- 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 SIPRNetSIPRNetThe Secret Internet Protocol Router Network is "a system of interconnected computer networks used by the United States Department of Defense and the U.S. Department of State to transmit classified information by packet switching over the TCP/IP protocols in a 'completely secure' environment"...
Charge 2: Violation of UCMJ Article 134 (General article)
- Spec. 1: : The 2007 July 12 Baghdad video
- Spec. 2: : The 2007 July 12 Baghdad video
- Spec. 3: : The classified US State Dept Cable named "Reykjavik 13"
- Spec. 4: : 50 classified US State Dept cables
- Spec. 5: : The 2007 July 12 Baghdad video
- Spec. 6: : The classified US State Dept Cable named "Reykjavik 13"
- Spec. 7: : 150,000 diplomatic cables
- Spec. 8: : A classified Microsoft OfficeMicrosoft OfficeMicrosoft Office is a non-free commercial office suite of inter-related desktop applications, servers and services for the Microsoft Windows and Mac OS X operating systems, introduced by Microsoft in August 1, 1989. Initially a marketing term for a bundled set of applications, the first version of...
PowerPoint presentation
Set 2
The second set of charges came on March 1, 2011, and are as follows:
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: : A file named "12 JUL 07 CZ ENGAGEMENT ZONE 30 GC Anyone.avi"
- Spec. 3: : Memorandi from a US intelligence agency
- Spec. 4: : 380,000 records from the CIDNEI database
- Spec. 5: : >20 records from the CIDNEI database
- Spec. 6: : >90,000 records from the CIDNEA database
- Spec. 7: : >20 records from the CIDNEA database
- Spec. 8: : >700 records from a US Southern Command database
- Spec. 9: : >3 records from a US Southern Command database
- Spec. 10: : >5 records relating to an operation in Farah Province, Afghanistan
- Spec. 11: : The files "BE22 PAX.zip" and "BE22 PAX.wmv"
- Spec. 12: : 250,000 records from the State Dept Net-Centric Diplomacy database
- Spec. 13: : >75 US State Dept cables
- Spec. 14: : The State Dept cable named "Reykjavik-13"
- Spec. 15: : A record of a US Army Intelligence organization
- Spec. 16: : 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
See also
- Espionage Act of 1917Espionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
- McCarran Internal Security ActMcCarran Internal Security ActThe Internal Security Act of 1950, , also known as the Subversive Activities Control Act or the McCarran Act, after Senator Pat McCarran , is a United States federal law of the McCarthy era. It was passed over President Harry Truman's veto...
/Subversive Activities Control Act of 1950 - Computer Fraud and Abuse ActComputer Fraud and Abuse ActThe Computer Fraud and Abuse Act is a law passed by the United States Congress in 1986, intended to reduce cracking of computer systems and to address federal computer-related offenses...
- USA Patriot ActUSA PATRIOT ActThe USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
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