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Army Adds 22 Charges Against Intelligence Analyst

From a U.S. Army Military District of Washington News Release

FORT LESLEY J. MCNAIR, D.C., March 2, 2011 – After seven months of additional investigation by the U.S. Army Criminal Investigation Command and other investigative agencies, the Army has added 22 charges in the case of a military intelligence analyst accused of leaking classified material.

The new charges against Pvt. 1st Class Bradley E. Manning allege that he 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 remains ongoing, officials said.

"The new charges more accurately reflect the broad scope of the crimes that Private 1st Class Manning is accused of committing," said Capt. John Haberland, a legal spokesman for U.S. Army Military District of Washington. "The new charges will not affect Private 1st Class Manning's right to a speedy trial or his pretrial confinement."

U.S. military officials in Baghdad preferred two charges consisting of 12 specifications against Manning on July 5. Officials said the commander of U.S. Army Headquarters Command Battalion preferred the new charges yesterday.

In addition to a charge of aiding the enemy in violation of Article 104 of the Uniform Code of Military Justice, the new charges include 16 specifications under the UCMJ’s Article 134:

-- One specification of wrongfully causing intelligence to be published on the Internet knowing that it is accessible to the enemy;

-- Five specifications of theft of public property or records, in violation of 18 U.S. Code 641;

-- Eight specifications of transmitting defense information in violation of 18 U.S.C. 793(e);

-- Two specifications of fraud and related activity in connection with computers in violation of 18 U.S.C. 1030(a)(1); and

-- Five specifications in violation of Article 92 of the 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, officials said. However, they added, the prosecution team has notified the defense that the prosecution will not recommend the death penalty to the convening authority, Maj. Gen. Karl R. Horst, commanding general of the 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,; 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, pending the results of a defense-requested inquiry into Manning's mental capacity and responsibility, pursuant to Rule for Courts-Martial 706. Depending on the results of the inquiry, an Article 32 hearing may follow, officials said. An Article 32 hearing is the civilian equivalent of a grand jury, with additional rights afforded to the accused, they explained.

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, officials said.

Officials emphasized that Manning is presumed innocent until proven guilty, and added that the Army is committed to ensuring his continued safety and well-being while in pretrial confinement.

 

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Related Sites:
Joint Force Headquarters National Capital Region/U.S. Army Military District of Washington

Related Articles:
Soldier in Iraq Faces Criminal Charges



Comments

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The opinions expressed in the following comments do not necessarily reflect those of the U.S. Department of Defense.

3/3/2011 10:15:18 AM
To whom is responsible for filing charges against Bradly Manning, How dare you? This young mans' only crime is trying to expose rogue regimes. Mr. Manning is a true patriot and cares about the people he is paid to protect, the American citizens. The US Federal government are just as corrupt if not more so than those Arab and Asian tyrants. Telling the truth isn't a crime, this serviceman was merely doing his duty to ensure the greater good and well being of his countrymen. I, as a proud and conscionable US citizen support Bradly Manning and appreciate his sacrifice for his country. You should give Mr. Manning a medal for his bravery instead of persecuting him. Sincerely Mrs. Hall
- Brenda Hall, Iva, SC

3/3/2011 9:37:39 AM
I think this is very chilling. It is personally disgusting and offensive to me the implied threat that is being made to whistleblowers. The American People have a right to know what is being done in our name and Pvt. Manning had the courage to let us know. This type of information should never be classified from the American Public. If you are afraid of your acts in darkness coming to light, perhaps this is the kind of thing that American ought not to be involved.
- Stacy Casson, 33024-7551

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