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Manning acquitted of Aiding the Enemy. (Original Post) MineralMan Jul 2013 OP
And the silence starts on the big bad Goverment's verdict. Life Long Dem Jul 2013 #1
What planet do you live on? His verdict was rendered by a jury, not "the government". kestrel91316 Jul 2013 #2
Yep Life Long Dem Jul 2013 #12
Besides, no jury was impaneled. MineralMan Jul 2013 #19
Oh, you must support the pre-trial torture of Manning, as documented by the HardTimes99 Jul 2013 #43
bradley manning was never tortured arely staircase Jul 2013 #84
There was no jury. Just the military judge. MineralMan Jul 2013 #18
I guess you're wrong, dude! Pretzel_Warrior Jul 2013 #22
I'm a dudette, not a dude. kestrel91316 Jul 2013 #28
Nevertheless, you're incorrect. MineralMan Jul 2013 #30
I haven't been following very closely. I DID watch a documentary on Manning on Frontline, though. kestrel91316 Jul 2013 #74
Well, a lot of people have been following it closely. MineralMan Jul 2013 #79
Well, the court martial appears to have MineralMan Jul 2013 #5
The government isn't a bunch of torturing despots? WHAT??! Pretzel_Warrior Jul 2013 #21
Of course Life Long Dem Jul 2013 #31
Whom are you going to believe, Life Long Dem or the U.N. HardTimes99 Jul 2013 #44
there are probably people who think reading 100 posts in DU is cruel and unusual punishment Pretzel_Warrior Jul 2013 #75
Nah, he's got enough prisoners he's actually force feeding. NuclearDem Jul 2013 #53
instead of lettong them starve to death in US custody arely staircase Jul 2013 #60
Oh, well that makes it all better. NuclearDem Jul 2013 #65
i couldnt let anyone starve to death arely staircase Jul 2013 #78
I know it's not easy to deal with. NuclearDem Jul 2013 #108
What does the international tribunal say about it? Pretzel_Warrior Jul 2013 #81
thank you for posting that nt arely staircase Jul 2013 #87
Well fuck. I guess I'm fine with Gitmo now..... think Jul 2013 #91
That article is wrong on so many counts NuclearDem Jul 2013 #100
so I hope this means you consider forced blood transfusions as torture Pretzel_Warrior Jul 2013 #111
No, I don't consider forced blood transfusions torture, and to make the comparison is stupid. NuclearDem Jul 2013 #113
just as I thought. selective morals. Pretzel_Warrior Jul 2013 #115
And I never said someone shouldn't be able to refuse blood transfusions if they don't want it. NuclearDem Jul 2013 #117
That is a relief... Ichingcarpenter Jul 2013 #3
Yes. Sentencing will be tomorrow, apparently. MineralMan Jul 2013 #8
that would be nice any more Ichingcarpenter Jul 2013 #14
I'm assuming more... BklnDem75 Jul 2013 #52
I don't know. There's nothing to require a maximum sentence. MineralMan Jul 2013 #54
i bet you are arely staircase Jul 2013 #90
There will be no appeal .... oldhippie Jul 2013 #33
ONLY because, IMHO, the government didn't want to name the enemies. Junkdrawer Jul 2013 #4
I guess it doesn't hurt to make up shit and post it Sheepshank Jul 2013 #10
Can't make this shit up... Junkdrawer Jul 2013 #20
Um, no--at the Article 32 Hearing, the government identified AlQaeda as the 'enemy' msanthrope Jul 2013 #48
The article you cite is from 4/25/2012... Junkdrawer Jul 2013 #70
How does that change the charges specified at the Article 32 hearing where the enemy was named? nt stevenleser Jul 2013 #107
Read Junkdrawer Jul 2013 #110
yep. when faced with actual government actions going counter to your paranoia Pretzel_Warrior Jul 2013 #25
You're probably not aware that the government didn't want to name the enemies... Junkdrawer Jul 2013 #42
They did name enemies--at the Article 32. msanthrope Jul 2013 #49
The article you cite is from 4/25/2012... Junkdrawer Jul 2013 #68
Yes--the 'enemy' in the charge of 'aiding the enemy' was revealed over a year ago. nt msanthrope Jul 2013 #72
2 of 3 were named. In July the charges associated with the mystery enemy were dropped. Junkdrawer Jul 2013 #93
What? Manning has only ever faced one 'aiding the enemy' charge. AlQaeda. nt msanthrope Jul 2013 #98
Here: Junkdrawer Jul 2013 #109
Ah--that's not a separate charge--that's an element to the single 104 charge. msanthrope Jul 2013 #112
they did arely staircase Jul 2013 #97
Maybe the evidence had a problem -- such as no chain of custody or something, so JDPriestly Jul 2013 #128
the prosecution did put it into evidence and based their case on that count on it arely staircase Jul 2013 #129
I will have to learn more before I know what I think of it. So far this seems fair. JDPriestly Jul 2013 #130
By your logic, the judge should have found Manning guilty of aiding the enemy. DevonRex Jul 2013 #123
that is hopeful G_j Jul 2013 #6
I've been following the actual trial pretty closely. MineralMan Jul 2013 #41
Funny, was told he was guilty! Rex Jul 2013 #7
Not by me. I was pretty certain that he'd be found guilty on MineralMan Jul 2013 #11
Yes it will be interesting to see what he does get charged with and sticks. Rex Jul 2013 #13
My opinion is that he was duped by people who never did MineralMan Jul 2013 #16
I agree, now that the most serious charge against him is out of the way. Rex Jul 2013 #59
I hope he gets no more than that. MineralMan Jul 2013 #62
Yes, she didn't let outside forces determine her ruling. Rex Jul 2013 #71
The military court martial process is MineralMan Jul 2013 #77
I've got to give him credit on his fortitude. Rex Jul 2013 #82
I have no idea what his mental state is, really. MineralMan Jul 2013 #88
It would be interesting after the trial is over, to hear what Rex Jul 2013 #94
Well, he'll have some freedom to communicate MineralMan Jul 2013 #95
Lots of folks said lots of stuff regarding this case. MineralMan Jul 2013 #39
There are going to be whole lotta disappointed DUers....but not necessariily in the way you think Sheepshank Jul 2013 #17
The fact that Manning was tortured while in captivity has not gone away. - nt HardTimes99 Jul 2013 #45
The opinion has not gone away, but where will that case be MineralMan Jul 2013 #55
he was guilty on a lot of other counts....so your point is? Pretzel_Warrior Jul 2013 #26
He is guilty. Just not of that one charge. I think his attorney did an excellent job on that msanthrope Jul 2013 #36
I agree with MM, maybe get 10 years Rex Jul 2013 #76
Snowden is a coward, holed up in a hotel. The thing that may work against Manning at msanthrope Jul 2013 #85
True, however I am impressed with his fortitude. Rex Jul 2013 #89
Well, he cannot be accused of not sticking to his principles, even when it was so obvious that msanthrope Jul 2013 #96
I would be so pissed off at Assange. Rex Jul 2013 #101
This is good for that precedent, still bad for Manning. Still a sad judgement. morningfog Jul 2013 #9
Tough for Manning, no doubt. MineralMan Jul 2013 #15
His guilty pleas guarantee some kind of judgment Ichingcarpenter Jul 2013 #23
He's serving in the military. MineralMan Jul 2013 #27
Extremely brave soul Ichingcarpenter Jul 2013 #32
I don't know about that. I don't know Manning at all. MineralMan Jul 2013 #34
Who do you feel he was duped by? KoKo Jul 2013 #99
To whom did he deliver the material? MineralMan Jul 2013 #102
Okay.... KoKo Jul 2013 #114
Cui Bono? MineralMan Jul 2013 #116
Personally... KoKo Jul 2013 #121
We do differ, and in many areas. MineralMan Jul 2013 #122
I think Snowmen got got trapped in russia Ichingcarpenter Jul 2013 #103
Yes, I think you're right. MineralMan Jul 2013 #105
Good for him. His lawyer did an excellent job hammering away at that charge, and if he's lucky, he msanthrope Jul 2013 #24
Yes. They're not going to use consecutive sentences, I think. MineralMan Jul 2013 #29
Concurrent, definitely, but I would be far more concerned about where he transfers after this-- msanthrope Jul 2013 #35
I don't know. I'm going to wait for the MineralMan Jul 2013 #37
He still has the opportunity of cutting a deal with the Feds and serving msanthrope Jul 2013 #38
I guess we'll find out soon enough. MineralMan Jul 2013 #40
Well, Manning threads have dropped off this site ever since the Second Coming: Snowden! nt msanthrope Jul 2013 #46
That's true. But, this is going to rekindle them, MineralMan Jul 2013 #47
Oh, what I wouldn't give for a good Assange-is-being-framed thread right now! nt msanthrope Jul 2013 #50
Yeah, well, I've dropped out of all those threads. MineralMan Jul 2013 #51
well that answers my question arely staircase Jul 2013 #56
Well, apparently that intent was not proven by the prosecution, MineralMan Jul 2013 #57
that is what I just said nt arely staircase Jul 2013 #61
I know. I was agreeing with you. MineralMan Jul 2013 #64
sorry nt arely staircase Jul 2013 #69
Wikileaks is not an enemy. morningfog Jul 2013 #58
no but osama bin laden was nt arely staircase Jul 2013 #63
The judge, correctly, found that releasing to journalists or even morningfog Jul 2013 #104
i agree. nt arely staircase Jul 2013 #106
Some would argue to the contrary. MineralMan Jul 2013 #66
I'm sure THEY would..... think Jul 2013 #80
Then we agree on that. MineralMan Jul 2013 #83
There are many things we may agree on. Torturers and whistleblowers think Jul 2013 #86
Good OLDBRO Jul 2013 #67
He was not charged with treason. MineralMan Jul 2013 #73
Good! burrowowl Jul 2013 #92
Its harding this point. OLDBRO Jul 2013 #118
Would you care to retype that post title. MineralMan Jul 2013 #120
Such a relief! ljm2002 Jul 2013 #119
So, does he get to go free?? MjolnirTime Jul 2013 #124
They say he was convicted of the other charges BainsBane Jul 2013 #125
He plead quality to 10 charges. The judge will sentence him tomorrow. FSogol Jul 2013 #126
I'd think that would be doubtful. MineralMan Jul 2013 #127
I've been thinking . . . snot Jul 2013 #131
 

Life Long Dem

(8,582 posts)
1. And the silence starts on the big bad Goverment's verdict.
Tue Jul 30, 2013, 01:15 PM
Jul 2013

Just as I suspected we would see with his fair trial.

MineralMan

(146,317 posts)
19. Besides, no jury was impaneled.
Tue Jul 30, 2013, 01:25 PM
Jul 2013

Manning waived a jury trial, in favor of a single military judge. Smart move, I think.

 

HardTimes99

(2,049 posts)
43. Oh, you must support the pre-trial torture of Manning, as documented by the
Tue Jul 30, 2013, 01:51 PM
Jul 2013

U.N. rapporteur on human rights.

Good to know that you support and endorse torture if it is done to those with whom you disagree.

http://www.theguardian.com/world/2012/mar/12/bradley-manning-cruel-inhuman-treatment-un

arely staircase

(12,482 posts)
84. bradley manning was never tortured
Tue Jul 30, 2013, 02:22 PM
Jul 2013

He was treated in a harsh and punative manner that violated his rights. But nothing done to him rose to the level of torture. Not even close._

MineralMan

(146,317 posts)
18. There was no jury. Just the military judge.
Tue Jul 30, 2013, 01:24 PM
Jul 2013

You may not have been following things so closely, but Manning waived a jury.

MineralMan

(146,317 posts)
30. Nevertheless, you're incorrect.
Tue Jul 30, 2013, 01:32 PM
Jul 2013

By claiming that a jury decided, you revealed that you have not been following this case. Too bad.

 

kestrel91316

(51,666 posts)
74. I haven't been following very closely. I DID watch a documentary on Manning on Frontline, though.
Tue Jul 30, 2013, 02:17 PM
Jul 2013

Just a couple of weeks ago. That's when I decided I sort of supported Manning. He's just a little dweeb who had plenty of problems and acted out. He's not some great threat to our FREEDUMBS.

I'm happy the worst charge didn't stick. He probably needs to cool his heels in jail for a while, though.

MineralMan

(146,317 posts)
79. Well, a lot of people have been following it closely.
Tue Jul 30, 2013, 02:20 PM
Jul 2013

You made an important error in your post by assuming that a jury was impaneled. That's always the risk of posting when you don't have much information. It's never a good idea. Live and learn, I suppose.

MineralMan

(146,317 posts)
5. Well, the court martial appears to have
Tue Jul 30, 2013, 01:17 PM
Jul 2013

treated the aiding the enemy charge fairly. The prosecution failed to prove intent, so that charge was denied.

The other charges don't have an intent portion, and the actions were taken, so he's found guilty on them. It's a victory for Manning's defense, but Manning will still be sentenced. My guess is 10 years. But that's just a guess.

 

Pretzel_Warrior

(8,361 posts)
21. The government isn't a bunch of torturing despots? WHAT??!
Tue Jul 30, 2013, 01:26 PM
Jul 2013

of course Obama and his henchmen are at this very moment plotting how to take Manning down to Guantanamo and shove feeding tubes into him.

It's like THE MATRIX!!!

 

Pretzel_Warrior

(8,361 posts)
75. there are probably people who think reading 100 posts in DU is cruel and unusual punishment
Tue Jul 30, 2013, 02:17 PM
Jul 2013

International law does not treat the periods of solitary confinement as torture despite what Mr. Juan Mendez of the U.N. asserts.

arely staircase

(12,482 posts)
60. instead of lettong them starve to death in US custody
Tue Jul 30, 2013, 02:10 PM
Jul 2013

While he is trying to get as many out of there who aren't a threat as he can after he tried to shut the place down and was stopped by Congress.

 

NuclearDem

(16,184 posts)
65. Oh, well that makes it all better.
Tue Jul 30, 2013, 02:13 PM
Jul 2013

Nevermind that most human rights organizations consider force feeding torture.

arely staircase

(12,482 posts)
78. i couldnt let anyone starve to death
Tue Jul 30, 2013, 02:18 PM
Jul 2013

Many of those people should have been released a long time ago. The ones like KSM who should never walk the earth as free men should be tried either in US district article 3 courts or military courts martial under the standard rules.

 

NuclearDem

(16,184 posts)
108. I know it's not easy to deal with.
Tue Jul 30, 2013, 02:45 PM
Jul 2013

Plenty of doctors and nurses who have to watch patients waste away because they refused the procedure don't have it any easier. But they don't have any choice in the matter. Nasogastric feeding, because it's such a painful and unpleasant ordeal, can only be administered with the consent of the patient.

 

NuclearDem

(16,184 posts)
100. That article is wrong on so many counts
Tue Jul 30, 2013, 02:36 PM
Jul 2013

First of all, just because The Hague used it on a war criminal doesn't make it any more acceptable. It's torture there as well.

Secondly, the conflation between the legitimate practice of nasogastric feeding in the medical field (which is only administered with the patient's consent, to do otherwise is unethical in the profession) and the force feeding at Gitmo and other prisons is completely inaccurate. Prisoners being force fed to stop hunger strikes have not given consent to the procedure, and medical professionals who engage in that practice are unethical.

What the force feeding at Gitmo does is remove the last shred of control the detainees have over their own lives. Hunger strikes only hurt the person starving themselves. Hooking them up to painful injection tubes and forcing them to choke on their own vomit against their consent is torture.

 

NuclearDem

(16,184 posts)
113. No, I don't consider forced blood transfusions torture, and to make the comparison is stupid.
Tue Jul 30, 2013, 03:00 PM
Jul 2013

The religious objections of JW to blood transfusions is nowhere near on par with forced feeding. I'm not a fan of religious objections to modern medical practices, especially if refusal to have them administered endangers the public health.

How on Earth do you consider that on the level of unethically forcing a painful procedure on an unwilling subject, especially if there's no threat to the health and well-being of others?

 

Pretzel_Warrior

(8,361 posts)
115. just as I thought. selective morals.
Tue Jul 30, 2013, 03:05 PM
Jul 2013

JW objections to blood transfusions has been medically backed by studies. Most serious medical professionals today recognize the importance of the HOLISTIC person. To give someone a blood transfusion over their moral objections is to take away part of the person and subject them to extreme mental devastation.

Far worse than the government feeding Guantanamo rank and file prisoners that they have reason to believe are being coerced into participating by other al queda members in Guantanamo.

 

NuclearDem

(16,184 posts)
117. And I never said someone shouldn't be able to refuse blood transfusions if they don't want it.
Tue Jul 30, 2013, 03:13 PM
Jul 2013

Nasogastric feeding cannot be administered at all without the explicit consent of the patient. Doctors and nurses can't force patients with severe mental disorders or who are otherwise of diminished capacity to receive nasogastric feeding without their consent either, even if they believe they are not of sound mind and judgment. Same goes for prisoners who the government believes are being "coerced" into participating in the strike.

Oh, and since we're on the topic of selective morals, it's nice to know you're so wholeheartedly against one forced medical procedure because it violates a patient's well-being, while at the same time being completely fine with a different one.

MineralMan

(146,317 posts)
8. Yes. Sentencing will be tomorrow, apparently.
Tue Jul 30, 2013, 01:18 PM
Jul 2013

My personal prediction is 10 years for the whole shebang. Time served will be subtracted from that.

Let's see if I'm right.

BklnDem75

(2,918 posts)
52. I'm assuming more...
Tue Jul 30, 2013, 02:03 PM
Jul 2013

Considering the charges he already plead guilty to. They're max 20 year sentences.

MineralMan

(146,317 posts)
54. I don't know. There's nothing to require a maximum sentence.
Tue Jul 30, 2013, 02:04 PM
Jul 2013

I expect less than the maximum, but don't really know.

 

oldhippie

(3,249 posts)
33. There will be no appeal ....
Tue Jul 30, 2013, 01:33 PM
Jul 2013

Not any grounds for appeal. He pleaded guilty. There was no jury to screw up. The only grounds for appeal would be if the Judge screwed up. Just doesn't happen in a military court.

 

Sheepshank

(12,504 posts)
10. I guess it doesn't hurt to make up shit and post it
Tue Jul 30, 2013, 01:20 PM
Jul 2013

some conspiracists may grab onto that and repost it enough times that it become viewed as 'fact'.

 

msanthrope

(37,549 posts)
48. Um, no--at the Article 32 Hearing, the government identified AlQaeda as the 'enemy'
Tue Jul 30, 2013, 01:58 PM
Jul 2013

they were concerned with regarding Manning. That's what his lawyer argued against. It was in the papers....

http://dissenter.firedoglake.com/2012/04/25/government-argues-bradley-manning-knew-al-qaeda-frequently-visited-wikileaks/

Junkdrawer

(27,993 posts)
70. The article you cite is from 4/25/2012...
Tue Jul 30, 2013, 02:15 PM
Jul 2013

The post I cite refers to an issue revealed May of this year.

 

stevenleser

(32,886 posts)
107. How does that change the charges specified at the Article 32 hearing where the enemy was named? nt
Tue Jul 30, 2013, 02:41 PM
Jul 2013

Junkdrawer

(27,993 posts)
110. Read
Tue Jul 30, 2013, 02:47 PM
Jul 2013
FT. MEADE, Md. (CN) - The government ended its case against Pfc. Bradley Manning on Tuesday by dropping its controversial claim that disclosures to WikiLeaks aided a "classified" enemy.
Prosecutors had accused Manning of "aiding the enemy," in particular, al-Qaida, al-Qaida in the Arabian Peninsula, and a "classified enemy."

With legal scholars stumped over the term, a military spokeswoman eventually explained that the concept referred to "the means and methods of collection that the government has employed to" determine that its "enemy is in receipt of certain compromised classified information."

As the government rested its case Tuesday, however, Maj. Ashden Fein announced a new plan to drop the classified enemy charge.

"The United States has not presented nor does it intend to present, since the government rested, the evidence that was offered during the bill of particulars of a classified enemy," the lead prosecutor said.

....

http://www.courthousenews.com/2013/07/02/59044.htm
 

Pretzel_Warrior

(8,361 posts)
25. yep. when faced with actual government actions going counter to your paranoia
Tue Jul 30, 2013, 01:28 PM
Jul 2013

build a new conspiracy theory that justifies your feelings in the face of facts that would tell a normal, rational person the opposite.

Junkdrawer

(27,993 posts)
68. The article you cite is from 4/25/2012...
Tue Jul 30, 2013, 02:14 PM
Jul 2013

The post I cite refers to an issue revealed May of this year.

Junkdrawer

(27,993 posts)
93. 2 of 3 were named. In July the charges associated with the mystery enemy were dropped.
Tue Jul 30, 2013, 02:30 PM
Jul 2013

When I discussed this with my wife, an Army brat with a high level Military Judge as a father-in-law, she said that the Judge would probably look dimly on the whole "aiding the enemy" charge if the prosecution engaged in this kind of behavior.

But, as I said, just my opinion.

Junkdrawer

(27,993 posts)
109. Here:
Tue Jul 30, 2013, 02:46 PM
Jul 2013
FT. MEADE, Md. (CN) - The government ended its case against Pfc. Bradley Manning on Tuesday by dropping its controversial claim that disclosures to WikiLeaks aided a "classified" enemy.
Prosecutors had accused Manning of "aiding the enemy," in particular, al-Qaida, al-Qaida in the Arabian Peninsula, and a "classified enemy."

With legal scholars stumped over the term, a military spokeswoman eventually explained that the concept referred to "the means and methods of collection that the government has employed to" determine that its "enemy is in receipt of certain compromised classified information."

As the government rested its case Tuesday, however, Maj. Ashden Fein announced a new plan to drop the classified enemy charge.

"The United States has not presented nor does it intend to present, since the government rested, the evidence that was offered during the bill of particulars of a classified enemy," the lead prosecutor said.

....

http://www.courthousenews.com/2013/07/02/59044.htm
 

msanthrope

(37,549 posts)
112. Ah--that's not a separate charge--that's an element to the single 104 charge.
Tue Jul 30, 2013, 02:57 PM
Jul 2013

I understand where the confusion is.

Who the third party was, however, was available to the defense.

arely staircase

(12,482 posts)
97. they did
Tue Jul 30, 2013, 02:31 PM
Jul 2013

One of whom was osama bin laden in whose home navy SEALs found wikileaks documents he had gotten off the internet. The judge that wasn't Manning's intention so he was acquitted of it.

JDPriestly

(57,936 posts)
128. Maybe the evidence had a problem -- such as no chain of custody or something, so
Tue Jul 30, 2013, 04:37 PM
Jul 2013

they didn't want to risk putting it in?

Could be some technical reason like that.

arely staircase

(12,482 posts)
129. the prosecution did put it into evidence and based their case on that count on it
Tue Jul 30, 2013, 04:53 PM
Jul 2013

I would assume the judges rejection of the charge was based on Manning's frame of mind/intent. I don't know if the defense raised any chain of custody argument. They may have, but their defense, from what I have read was based on their client's intent. So I assume the judge also based her verdict on that too.

DevonRex

(22,541 posts)
123. By your logic, the judge should have found Manning guilty of aiding the enemy.
Tue Jul 30, 2013, 04:02 PM
Jul 2013

It's called the "Guessing at Motive" instruction, in which the judge or jury can simply divine intent. Otherwise known as the "making shit up" allowance for keyboard warriors.

MineralMan

(146,317 posts)
41. I've been following the actual trial pretty closely.
Tue Jul 30, 2013, 01:46 PM
Jul 2013

I'm glad it's over, to be frank. I doubt, however, that the wide-ranging discussion of it will go away on DU. The political aspects of it will continue to be bickered over here for a long time, I'm sure.

 

Rex

(65,616 posts)
7. Funny, was told he was guilty!
Tue Jul 30, 2013, 01:18 PM
Jul 2013

My my how some DUers wanted him to fry so bad! I wonder if they will deny reality again?

MineralMan

(146,317 posts)
11. Not by me. I was pretty certain that he'd be found guilty on
Tue Jul 30, 2013, 01:20 PM
Jul 2013

the lesser charges, but made no prediction on the more serious charge. He did take the material and transmit it to someone. With those facts, it was certain that those charges would end in a guilty verdict.

We'll see what they do about sentencing tomorrow.

 

Rex

(65,616 posts)
13. Yes it will be interesting to see what he does get charged with and sticks.
Tue Jul 30, 2013, 01:21 PM
Jul 2013

No, this was by the elder scholars of DU. They were convinced he is a commie traitor.

MineralMan

(146,317 posts)
16. My opinion is that he was duped by people who never did
Tue Jul 30, 2013, 01:23 PM
Jul 2013

give a shit about him. He did the deed and now will spend some time in prison. Of that I'm sure. How long that will be I don't know, but I'm thinking 10 years, minus time served.

 

Rex

(65,616 posts)
59. I agree, now that the most serious charge against him is out of the way.
Tue Jul 30, 2013, 02:10 PM
Jul 2013

Probably looking at about 10 years.

MineralMan

(146,317 posts)
62. I hope he gets no more than that.
Tue Jul 30, 2013, 02:12 PM
Jul 2013

Based on the ruling today on the most serious charge, it sounds like this judge has a cool head on her shoulders.

 

Rex

(65,616 posts)
71. Yes, she didn't let outside forces determine her ruling.
Tue Jul 30, 2013, 02:16 PM
Jul 2013

Glad to see a judge be a judge and not a PR person.

MineralMan

(146,317 posts)
77. The military court martial process is
Tue Jul 30, 2013, 02:18 PM
Jul 2013

actually a pretty fair venue, most of the time. I believe Manning's attorney advised him well when they waived a jury. Military juries are something else, again, given their makeup. Somewhat unpredictable, they are.

All in all, it seems a fair outcome, but sentencing will determine that, I think.

 

Rex

(65,616 posts)
82. I've got to give him credit on his fortitude.
Tue Jul 30, 2013, 02:22 PM
Jul 2013

Manning has handled this far better mentally then I could have.

MineralMan

(146,317 posts)
88. I have no idea what his mental state is, really.
Tue Jul 30, 2013, 02:28 PM
Jul 2013

He has comported himself well during the trial, from what I've seen, but he hasn't really said much about any of it. When I consider what a prison sentence might mean to me, I'm not even sure what my state of mind might be if I were in his shoes. I do well on my own, and would probably turn such a sentence into an opportunity of sorts, but it wouldn't be something I'd choose for myself.

Still, when he released all of that information, I have no question about his knowledge that he might face prosecution. That's made so clear in briefings on handling classified information that I can't imagine anyone not being aware of the risks. I'm just sad that he was duped by those to whom he gave the information. I'm not sure how they convinced him to do it, but he did do it, and knew the potential consequences.

To that extent, his actions were the very definition of civil disobedience and his apparent willingness to face the consequences for that is something everyone should think about who is interested in this whole thing. Perhaps we'll hear from him directly on this in the future.

 

Rex

(65,616 posts)
94. It would be interesting after the trial is over, to hear what
Tue Jul 30, 2013, 02:30 PM
Jul 2013

he thinks about the whole thing and some of the current events going on around the world (snowden and nsa being two).

MineralMan

(146,317 posts)
95. Well, he'll have some freedom to communicate
Tue Jul 30, 2013, 02:31 PM
Jul 2013

after sentencing and while serving his sentence. Many books have also been written in prison cells. I imagine we'll hear more, but how soon, I'm not sure.

MineralMan

(146,317 posts)
39. Lots of folks said lots of stuff regarding this case.
Tue Jul 30, 2013, 01:42 PM
Jul 2013

Much of it had nothing to do with the realities. Those realities are that Manning did grab the stuff and disseminate it. He pleaded guilty to that stuff. He knew that was against the UCMJ, and had signed forms, like everyone with a clearance signs. So, he did something that he could stand trial for. He decided to plead out on those charges. The additional, more serious, charge, he stood trial for, and got acquitted. So, he has a good attorney, it seems.

This case has been discussed all over the place, with so much extraneous stuff in those discussions, that I stopped paying attention to the discussions, and just focused on the trial itself.

That is now over, with only the sentencing left in question. That question will have an answer very soon. After that, any further discussion of this case will go on without my participation. It will be irrelevant.

 

Sheepshank

(12,504 posts)
17. There are going to be whole lotta disappointed DUers....but not necessariily in the way you think
Tue Jul 30, 2013, 01:24 PM
Jul 2013

I wouldn't be surprised if there weren't some Manning supporters who really really wanted him to be found guilty so they could go on an anti-Obama tirade. The wind just got taken out of their sails and their portrayal of "dead man walking" was proven a tad hyper and melodramatic.

MineralMan

(146,317 posts)
55. The opinion has not gone away, but where will that case be
Tue Jul 30, 2013, 02:07 PM
Jul 2013

heard, do you think? In your mind, it is a fact. But that's irrelevant in the real world, where we all live. Unless charges are brought and a trial is held, Manning's "torture" is just an opinion.

 

msanthrope

(37,549 posts)
36. He is guilty. Just not of that one charge. I think his attorney did an excellent job on that
Tue Jul 30, 2013, 01:37 PM
Jul 2013

particular charge, and I think it might mean a serious reduction in sentence.

 

Rex

(65,616 posts)
76. I agree with MM, maybe get 10 years
Tue Jul 30, 2013, 02:17 PM
Jul 2013

minus time served. Snowden should have taken notes on how a real whistleblower behaves imo. Instead of running off to play spy.

 

msanthrope

(37,549 posts)
85. Snowden is a coward, holed up in a hotel. The thing that may work against Manning at
Tue Jul 30, 2013, 02:24 PM
Jul 2013

sentencing, though, is his refusal to cooperate with the feds. Judges tend not to give lenient sentences to people who don't 'fess up.

 

Rex

(65,616 posts)
89. True, however I am impressed with his fortitude.
Tue Jul 30, 2013, 02:28 PM
Jul 2013

I just hope he doesn't get 99 years for his mistake to comply. OTOH, I don't think Snowden would have lasted a day in Manning's shoes.

 

msanthrope

(37,549 posts)
96. Well, he cannot be accused of not sticking to his principles, even when it was so obvious that
Tue Jul 30, 2013, 02:31 PM
Jul 2013

Assange had sold him down the river.

I'd be interested in knowing the prosecution's sentencing suggestion.

 

Rex

(65,616 posts)
101. I would be so pissed off at Assange.
Tue Jul 30, 2013, 02:36 PM
Jul 2013

We can clearly see who stands on principles in this case and who runs off to hide and/or make money/exploit the event.

MineralMan

(146,317 posts)
15. Tough for Manning, no doubt.
Tue Jul 30, 2013, 01:22 PM
Jul 2013

However, I'm predicting a relatively light, concurrent sentence on the other charges. They're simply not just going to let him walk on this. It's the military, after all.

Manning should be breathing a sigh of relief, though, because of the acquittal on the most serious charge.

Ichingcarpenter

(36,988 posts)
23. His guilty pleas guarantee some kind of judgment
Tue Jul 30, 2013, 01:27 PM
Jul 2013

and penalties.



We shall see
He's no bank, CIA agent or wall street traitor.




Too bad .

MineralMan

(146,317 posts)
27. He's serving in the military.
Tue Jul 30, 2013, 01:29 PM
Jul 2013

Courts martial are not kid stuff. He'll get some sentence. How long is still up in the air.

MineralMan

(146,317 posts)
34. I don't know about that. I don't know Manning at all.
Tue Jul 30, 2013, 01:34 PM
Jul 2013

If he wasn't before, though, he'll certainly be by the time this is all over. Grown up, I mean. Manning was duped by people who wanted the information and didn't care one whit about Manning. They face no punishment at all. Not fair.

KoKo

(84,711 posts)
99. Who do you feel he was duped by?
Tue Jul 30, 2013, 02:35 PM
Jul 2013

I've not seen any evidence presented that he was duped...so this is new to me...and I've been following his trial pretty regularly.

KoKo

(84,711 posts)
114. Okay....
Tue Jul 30, 2013, 03:04 PM
Jul 2013

So you don't believe that Manning followed his own conscience and tried to give the information it to others to publish? I've seen information that he tried to get NYT and others to publish and was not answered.

So, it would come down to whether Assange could defend that he and his group were qualified to act as journalists is what you are saying? Or, you feel evidence could be found that Assange approached Bradley Manning somehow and set him up or coerced him to reveal the the Video(which was not classified) and to then download the other documents so that wikileaks could have a scoop?

KoKo

(84,711 posts)
121. Personally...
Tue Jul 30, 2013, 03:20 PM
Jul 2013

I feel he was a young kid with a conscience who saw things he thought were morally reprehensible to him. And, I personally applaud Assange and Snowden for revealing what they have for the greater good of the people of this country to know what is being done in their name...and with their tax dollars.

So....we would definitely differ.

MineralMan

(146,317 posts)
122. We do differ, and in many areas.
Tue Jul 30, 2013, 03:23 PM
Jul 2013

And there it is. I am not a fan of Assange. I'm not a fan of Snowden or Glenn Greenwald, either.

Ichingcarpenter

(36,988 posts)
103. I think Snowmen got got trapped in russia
Tue Jul 30, 2013, 02:36 PM
Jul 2013

Because of them and they couldn't deliver
their promises.

His trip to Hong Kong was smart because of the size of the state and access to many things.


MineralMan

(146,317 posts)
105. Yes, I think you're right.
Tue Jul 30, 2013, 02:39 PM
Jul 2013

The people who are truly benefiting from Snowden's actions appear to have now abandoned him to his fate. Such things are pretty common, it seems. Too bad. Apparent friends may not be real friends. At least one person has profited mightily from Snowden's predicament. Shame on that person!

 

msanthrope

(37,549 posts)
24. Good for him. His lawyer did an excellent job hammering away at that charge, and if he's lucky, he
Tue Jul 30, 2013, 01:28 PM
Jul 2013

may get 10 years with time off for prior serve.

I hope he stays in medium security---that would be a priority for him, I imagine.

MineralMan

(146,317 posts)
29. Yes. They're not going to use consecutive sentences, I think.
Tue Jul 30, 2013, 01:31 PM
Jul 2013

One concurrent sentence for everything. 10 years is a likely sentence, including time served. I don't know what the parole rules are for military sentences, though.

 

msanthrope

(37,549 posts)
35. Concurrent, definitely, but I would be far more concerned about where he transfers after this--
Tue Jul 30, 2013, 01:35 PM
Jul 2013

He was being held in pre-trial medium security detention in Leavenworth prior--and he no longer qualifies for that.

He's a maximum security prisoner now. And that is not a good thing to be.

I agree with you about the 10 years--more than that, the message is too punitive, I think.

MineralMan

(146,317 posts)
37. I don't know. I'm going to wait for the
Tue Jul 30, 2013, 01:37 PM
Jul 2013

actual sentencing and see. My 10 year guess is just that - a guess. I'm not any sort of expert on military justice.

 

msanthrope

(37,549 posts)
38. He still has the opportunity of cutting a deal with the Feds and serving
Tue Jul 30, 2013, 01:40 PM
Jul 2013

on the civilian side. Butner would be a good place for him.

MineralMan

(146,317 posts)
40. I guess we'll find out soon enough.
Tue Jul 30, 2013, 01:45 PM
Jul 2013

For me, this case is over. I stopped participating in almost all threads about Manning some time ago. The discussions were all over the place, and mostly had nothing to do with the case at all. The UCMJ gets enforced by the military, and there is no discussion of issues not directly related to the actual case in the trial.

All of the extraneous stuff was irrelevant to Manning's actual case, so I could not see any reason to get involved in most of those discussions.

MineralMan

(146,317 posts)
47. That's true. But, this is going to rekindle them,
Tue Jul 30, 2013, 01:56 PM
Jul 2013

I'm sure, complete with all of the irrelevancies.

MineralMan

(146,317 posts)
51. Yeah, well, I've dropped out of all those threads.
Tue Jul 30, 2013, 02:02 PM
Jul 2013

They accomplish nothing and are meaningless in the real world, where I live.

arely staircase

(12,482 posts)
56. well that answers my question
Tue Jul 30, 2013, 02:07 PM
Jul 2013

I was wondering what the required level of intent was for that. The statute says "knowingly" so apparently "should have known" doesn't rise to that level.

MineralMan

(146,317 posts)
57. Well, apparently that intent was not proven by the prosecution,
Tue Jul 30, 2013, 02:08 PM
Jul 2013

so the judge rightly acquitted on that charge. I'm sure the prosecution tried, but apparently they failed to present a case that convinced the judge.

 

morningfog

(18,115 posts)
104. The judge, correctly, found that releasing to journalists or even
Tue Jul 30, 2013, 02:37 PM
Jul 2013

the public is not the same as aiding the enemy just because an enemy could possibly access it.

The judge got this right. It would be a chilling precedent to set.

 

OLDBRO

(9 posts)
67. Good
Tue Jul 30, 2013, 02:14 PM
Jul 2013

Of course he's guilty of something. We are in fabricated wars and this does not rise to the
level of treason.

 

OLDBRO

(9 posts)
118. Its harding this point.
Tue Jul 30, 2013, 03:14 PM
Jul 2013

What is aiding and abetting the enemy in time of war.


"The Treason Clause traces its roots back to an English statute enacted during the reign of Edward III (1327–1377). This statute prohibited levying war against the king, adhering to his enemies, or contemplating his death. Although this law defined treason to include disloyal and subversive thoughts, it effectively circumscribed the crime as it existed under the Common Law. During the thirteenth century, the crime of treason encompassed virtually every act contrary to the king's will and became a political tool of the Crown. Building on the tradition begun by Edward III, the Founding Fathers carefully delineated the crime of treason in Article III of the U.S. Constitution, narrowly defining its elements and setting forth stringent evidentiary requirements.

Under Article III, Section 3, of the Constitution, any person who levies war against the United States or adheres to its enemies by giving them Aid and Comfort has committed treason within the meaning of the Constitution. The term aid and comfort refers to any act that manifests a betrayal of allegiance to the United States, such as furnishing enemies with arms, troops, transportation, shelter, or classified information. If a subversive act has any tendency to weaken the power of the United States to attack or resist its enemies, aid and comfort has been given.

The Treason Clause applies only to disloyal acts committed during times of war. Acts of dis-loyalty during peacetime are not considered treasonous under the Constitution. Nor do acts of Espionage committed on behalf of an ally constitute treason. For example, julius and ethel rosenberg were convicted of espionage, in 1951, for helping the Soviet Union steal atomic secrets from the United States during World War II. The Rosenbergs were not tried for treason because the United States and the Soviet Union were allies during World War II.

Under Article III a person can levy war against the United States without the use of arms, weapons, or military equipment. Persons who play only a peripheral role in a conspiracy to levy war are still considered traitors under the Constitution if an armed rebellion against the United States results. After the U.S. Civil War, for example, all Confederate soldiers were vulnerable to charges of treason, regardless of their role in the secession or insurrection of the Southern states. No treason charges were filed against these soldiers, however, because President Andrew Johnson issued a universal Amnesty.

The crime of treason requires a traitorous intent. If a person unwittingly or unintentionally gives aid and comfort to an enemy of the United States during wartime, treason has not occurred. Similarly, a person who pursues a course of action that is intended to benefit the United States but mistakenly helps an enemy is not guilty of treason. Inadvertent disloyalty is never punishable as treason, no matter how much damage the United States suffers."

ljm2002

(10,751 posts)
119. Such a relief!
Tue Jul 30, 2013, 03:15 PM
Jul 2013

Here's hoping for a light sentence on the remaining charges. Make them all served concurrently or something. Well, a person can hope...

FSogol

(45,488 posts)
126. He plead quality to 10 charges. The judge will sentence him tomorrow.
Tue Jul 30, 2013, 04:19 PM
Jul 2013

Minimum? Time served.
Maximum? 20 years minus time served.

MM's guess of 10 years minus time served is probably a good guess.

snot

(10,529 posts)
131. I've been thinking . . .
Tue Jul 30, 2013, 05:19 PM
Jul 2013

I think the government initially wanted to make an example of Manning, but once the UN accused them of torture, that approach started to backfire on them.

I think that at some point they realized Manning wasn't dangerous anymore, that they'd made enough of an example out of him to scare other potential whistleblowers, and that continuing to treat him too harshly was costing them more than it was worth -- not only did they risk making a martyr out of him, but an overreaching conviction was eviscerating the government's claims that people like Assange or Snowden could expect fair treatment here.

So I think the government did the smarter thing.

And no, I'm not convinced that this means that Assange or Snowden should expect fair treatment here.

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