Bradley Manning Awaits Armys Decision on Whether to Court …

The pretrial hearing for Bradley Manning ended in a packed courtroom at Fort Meade with dramatic closing arguments Thursday morning, including a strong case from the prosecution with shocking, newly public chat logs between Manning and WikiLeaks founder Julian Assange. Confronted with overwhelming evidence, the defense questioned what it called the governments overreaction and called for a reduction of the charges Manning faces.

Mannings lead attorney, David Coombs, opened the morning by directly addressing Lt. Col. Paul Almanza, the officer presiding over the hearing, to determine if Private Manning will be court-martialed and, if so, on what charges. Youre in a unique position here, Coombs said, to give the United States government something the United States government needs: a reality check. Coombs asked the investigating officer presiding to reduce Mannings 22 charges to three and to remove his most serious charge, aiding the enemy.

Coombs asserted that the United States has overreacted. The government has overcharged in this case, he said, to strong-arm a plea from my client. The maximum sentence for all but one of Mannings charges adds up to 150 yearsaiding the enemy carries a maximum penalty of death or life without the possibility of parole.

Coombs described Mannings long struggle with his gender identity, reading from an email Manning sent to a superior officer weeks before his arrest. His gender crisis, Manning wrote, makes my entire life feel like a bad dream that wont end ... Everyones concerned about me, and everyones afraid of me. And Im sorry, he wrote. Coombs denounced Mannings superiors for failing to respond to his clients pleas for help. It is the units lack of response to that which also smacks in the face of justice, he said.

The attorney went on to question the damage done by the documents release. What was the result of these leaks? he asked, adding it would have been nice if the original classifying authorities and the officials who claimed such harm had been done had testified, an allusion to the decision to deny Coombs most of the witnesses he requested. They are reinforcing the Chicken Little response from the U.S. military, he said.

But in the end, Coombs insisted, the leak hurt no one. It hasnt caused harm. If anything it has helped, he said. The sky is not falling. The sky is not falling. And the sky will not fall. Coombs highlighted Mannings youth and idealism. In your early 20s you believe you can change the world, he said. In your early 20s you believe. When the president of the United States says Yes, we can, you believe that.

Coombs closed his oratory with a soaring appeal to conscience. An individual who breaks a law and they do so because the law is unjust, and they risk jail to arouse the public, Coombs said, paraphrasing Dr. Martin Luther King Jr.s Letter from a Birmingham Jail, theyre really expressing the very highest respect for the law. Coombs ended by quoting U.S. Supreme Court Justice Louis Brandeis: Sunlight is the best disinfectant.

In a fast-paced presentation aided by PowerPoint, Capt. Ashden Fein, lead attorney representing the government, methodically laid out its case against Private Manning. Fein described Manning as a trusted and well-trained soldier who betrayed his country. He used that training to defy our trust, to indiscriminately and systematically harm the United States.

The prosecution went through the evidence it had presented throughout the trial, illustrating step by step how, it says, Manning used his working hours in Iraq to download immense amounts of classified information, which he then transferred to his personal computer and uploaded to WikiLeaks. Fein hammered on Mannings betrayal, noting that he signed six nondisclosure agreements. Using a PowerPoint presentation on operational security that Manning himself had created as a student at Army intelligence school, Fein laid out the multiple dangers posed by spilling classified information.

In a dramatic turn, the prosecution showed chat logs of conversations between two people it asserted (with forensic evidence) were Bradley Manning and Julian Assange, allowing the logs to flash briefly on a screen for the benefit of the gallery.

Anyway, Im throwing everything Ive got on JTF Gitmo at you know. Should take a while to get up though, said the user Nobody, presumed to be Manning.

OK, great, said Nathaniel Frank, alleged to be Julian Assange.

Upload is at about 36 PCT.

ETA? asked Assange.

Eleven to twelve hours Im guessing since its been going six already.

The government also presented chats in which Assange appears to offer assistance to Manning in cracking a logon password to allow him to search anonymously on a computer.

Any good at LM hash cracking? asked Manning.

Yes, said Assange. We have rainbow tables for LM.

[Note: Chat logs appeared only briefly on a screen and remain, like other evidence and filings in the military proceeding, unreleased to the public. Logs as they appear in this and other articles are the result of collaborative note taking by journalists in the courtroom and those watching proceedings via live feed.]

Fein closed his statement with a video statement from Adam Gadahn, also known as Azzam al-Amriki, an American-born al Qaeda spokesperson, discussing the Collateral Murder video and the State Department cables Manning stands accused of leaking. Fein also alluded to evidence that an enemy of the United States has, or had, the CIDNE Afghanistan database Manning allegedly leaked, known to most of the world as the raw material of WikiLeakss Afghan War Diary.

This information, Fein said, is accessible to all enemies of the United States with Internet access. Fein insisted that Manning had received the training to know better than to leak classified information. He used that training to betray our trust, he said.

The investigating officer who presided over the hearing was Lt. Col. Paul Almanza, an officer in the Army reserve and a Department of Justice attorney until days before the hearing began. Almanza has a nonbinding deadline of Jan. 16 to issue his report announcing what charges, if any, will be brought against Manning in a court martial.

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Bradley Manning: Is There Anyone More Normal? – reason.com

Joanne McNeil (an occasional Reason contributor)reports from the Bradley Manning trial for Jacobin magazine, with some interesting observations, starting with the fact that he seems to have a lot of older fans, with:

a third of the people attending the trial as spectators could remember the bombing of Pearl Harbor as clearly as 9-11. And quite a number more looked like retired boomers. Has AARP thrown its weight behind hacktivist causes? Were they cypherpunks in elaborate disguise?

I started talking with a retired woman who drove down from Pennsylvania. I asked how she felt about the prosecution's depiction of WikiLeaks as a terrorist abettor. "Well, I'm not as concerned with that," she said. "I'm here because they were torturing that kid."

McNeil notes that this trial, of great importance to citizens' and the press' relationship with government and government crimes, isn't getting the attention it deserves:

How many people even know the trial is happening? Manning washeld for three years without a trial.That is plenty of time for the public to mistakenly assume there was already a court decision and sentencing. And why did they try this case at all? Manning already pled guilty to 10 charges and faces up to 20 years. The remaining charges are bizarrely exaggerated. Usingflimsy circumstantial evidence, the government is trying to argue that publishing documents on the internet assists terrorists. And for that they could lock him away for life.

Theprosecutors are in their early 30s nominally "digital natives" and should know better. "Do you know what WGet is?" they interrogate a witness, as if it is malicious spyware and not an everyday command line program. The government is capitalizing on asymmetric tech literacy and the failure of language when old laws are applied to the internet. At the peak of this absurdity: WikiLeaks cables are still formallyclassified, so despite being readily available to anyone with internet, closed sessions are required to discuss them.

Perhaps you heard theaudio of Bradley Manning's court statementlast November. That was leaked. No other recordings or visuals have come out of the trial, with the exception ofcourtroom sketches. Now imagine if there were a livestream. And imagine if everyone had tuned in to watchYochai Benkler's gripping expert witness testimonyon July 10th. He argued on behalf of the decentralization of media in the digital age, the blurred lines between activist and journalist, and that WikiLeaks was "providing a discrete but critical component of what in the past was always integrated in a single organization.".

Why did the prosecution ramp up charges against Manning? "Aiding the enemy" might have resulted in the death penalty. The answer came from Benkler under cross-examination. Summarizing an article he wrote, he explained in court, "it's very hard to suppress information once it's on WikiLeaks and that the core target needs to be on trust as the center of gravity. In other words, to undermine the concept that WikiLeaks is a place where a leaker can go and trust that they won't be revealed. So in order to prevent this distributed leaking, it's necessary to increase the fear, as it were, or the constraint on potential leakers."

That's justice in America: increasing the fear that anyone might help American citizens or journalists might have a chance of learning what's being done in our names, on our dimes.

Part of the public campaign against Manning is based on the notion that he, well, he just ain't right:

Manning was tortured in part because he signed a few letters from the brig as "Breanna Elizabeth." Marine Corps Master Sgt. Craig Blenis defended his cruelty in a December pre-trial hearing. Coombs asked why the marine thought Manning's gender dysphoria should factor into his"prevention of Injury"status. Blenis answered because"that's not normal, sir."

But it is normal. Manning's gender identity is as normal as his computer use. Using WGet, believing WikiLeaks to be a reputable news source in 2010, listening to Lady Gaga, identifying as a gender different from your assigned sex this is all normal. It just might take another generation to see this. What is out of the ordinary about Pfc Bradley Manning is his extraordinary courage.

Reason.TV was live from the Manning trial a few weeks ago:

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Bradley Manning: Is There Anyone More Normal? - reason.com

Do you think Bradley Manning being stripped naked is a …

He is not being tortured. He made comments about killing himself so the guards took away anything that he could use to do it so he can stand trial for leaking sensitive information that humiliated the United States and put thousands of lives in danger.

Does he deserve it? No, he deserves much worse. He sold out his nation because he was "confused" over being a homosexual in the Army and his transvestite boyfriend told him to do it. Is it ethical? Its just as ethical as illegally copying classified files and then sending them to a site that published them on the internet.

As for the Army, this turd is lucky that he is still alive. It says leaps and bounds about the Army that he is just being put through a little hard time rather than being beaten on an hourly basis for the rest of his life, or being be-headed with a dull knife.

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Supporters Say Chelsea Manning Has Been in Solitary …

Chelsea Manning has allegedly been in solitary confinement since she was sent back to prison on March 8, and her supporters are calling for her to be moved.

We condemn the solitary confinement that Chelsea Manning has been subjected to during her incarceration at William G Truesdale adult detention center, the group Chelsea Resists! wrote in a statement.

Manning has reportedly been held in what is known as administrative segregation, or adseg; a banal term that apparently translates to spending up to 22 hours each day in isolation. According to the group,

Chelsea cant be out of her cell while any other prisoners are out, so she cannot talk to other people, or visit the law library, and has no access to books or reading material. She has not been outside for 16 days. She is permitted to make phone calls and move about outside her cell between 1 and 3 a.m.

The jail says keeping high-profile prisoners in adseg is policy for the protection of all prisoners, but there is no reason to believe jail officials view Chelsea as either a target or a risk. If Truesdale wants to prioritize Chelseas health and welfare, as they consistently claim, then they should make sure she is able to have contact with other people in the jail.

Manning was found in contempt after refusing to testify about the classified U.S. documents she sent to WikiLeaks in 2010 when she was a Army intelligence analyst. She said she objected to the secret nature of the grand jury process, and that she had already revealed everything she knew.

Dana Lawhorne, sheriff of the city of Alexandria, said that the accusations that Manning was being held in solitary were not accurate or fair.

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Why Chelsea Manning Decided to Go to Jail in Protest

This booking photo provided by the Alexandria Sheriffs Office, in Virginia, shows Chelsea Manning. On Friday, March 8, 2019, Manning, who served years in prison for leaking one of the largest troves of classified documents in U.S. history, was sent to jail for refusing to testify before a grand jury investigating Wikileaks.Photo: AP / Alexandria, Va. Sheriffs Office

Chelsea Manning is not accused of committing any new crime. But she is now a prisoner of the U.S. government once again and may remain one for up to 18 months.

After resisting questions by prosecutors during a secret hearing related to crimes for which she already served seven years in military prison, Manning was ordered into custody on Friday by U.S. District Judge Claude Hilton and told she would remain there until she purges.

Manning, whose right to remain silent was supplanted as part of the grand jury process, was subpoenaed last month in the U.S. Justice Departments not-so-sealed investigation into Julian Assange. Her defiance of this secret inquisition, however, is not about protecting the WikiLeaks founder at all.

Manning says she is resisting because she, like many other politically minded Americans, believes grand juries are an illegal instrument designed to aide prosecutors on fishing expeditions; a tool for stripping witnesses of their constitutional rights that has been historically used against peaceful political activists by men in power who would have them labelled terrorists and enemies of the state.

By resisting this grand jury, Chelsea has made the same sacrifice as dozens of activists before her, who have opposed the grand jury system at the expense of their own freedom, her support committee said in a statement. Chelsea has already served prison time for standing up against government secrecy and revealing war crimes in Iraq and Afghanistan. We know, and so does the government, that she will not turn tail and allow this shadowy grand jury to eclipse her legacy of speaking truth to power.

Legally speaking, Mannings imprisonment is not punitive; it is not considered a form of punishment for something she has done. Her incarceration farther is designed to be coercive; it is intended to break her, to force her to submit. By depriving Manning of her freedom, prosecutors hope that shell crave its return hard enough to spill her guts.

Ironically, she already has.

Mannings association with WikiLeaks nearly a decade ago was dissected in exhaustive detail during her 2013 court-martial, in which all manner of evidence about her brief contact with WikiLeaks, including the transcripts of their conversations, was presented. But now she is meant to regurgitate that story based on her own flawed memories while under the threat of prolonged incarceration if she finds any reason to refuse.

We hope she changes her mind now, the prosecutor, Tracy McCormick, told the Associated Press.

Although Manning is constitutionally protected from double jeopardyfrom being charged twice for the same crimeher political right to silence has effectively been stripped away. Americans right to remain silent is viewed, in the case of grand jury proceedings, as an obstacle that can be legally overcome. A half-century ago, Congress agreed and provided prosecutors a tool to do just that.

Immunity is not voluntary for Manning. It is thrust upon witnesses like her for one purpose only: to negate their privilege against self-incrimination granted under the Fifth Amendment.

Grand juries, comprised of 16-23 individuals, are not screened for personal biases as they would be during the voir dire processof a normal trial. There is no judge present; there are no defense attorney; there are no rules of evidence. Indictments may be issued with the support of a dozen jurors whove been bombarded by hearsay. They can not only issue indictments, but grant prosecutors the power to invade the private lives of citizens, acquire their personal records and communications, and coerce them into cooperating with the government under threat of confinement, whether theyre guilty of a crime or not.

It is for these reasons that Manning, an activist, says she is refusing to submit. I will not participate in a secret process that I morally object to, particularly one that has been historically used to entrap and persecute activists for protected political speech, she said in a statement.

It is no secret that members of the current administration have openly expressed their hatred for Chelsea, her supporters said. Donald Trump himself has tweeted about his desire to undo Barack Obamas commutation and put Chelsea back in jail. We reject the logic that Chelsea should comply and answer questions regarding events for which she has already provided ample testimony, and we condemn the governments punitive efforts to back her into a corner.

The nature of the charges the government hopes to bring against Assange remain a mystery. Anonymous officials have told reporters the case is unrelated to the 2016 election, and the attempt to compel testimony from Manning would appear to support that, at least in part.

It is likely that the government has considered ways to avoid a messy First Amendment battle that pits their own perception of Assanges publication as a tool for espionage against the passionate feelings jurors may have about freedom of the press. Charges under the Espionage Act, the limits of which have not been fully tested in court, present numerous obstacles in this regard. Notably, the courts have found specific intent to be a prerequisite of an espionage conviction.

The government would need to show, in other words, that not only was Assange aware that publishing classified U.S. government documents would do harm to the United States, theyd need to prove that harming the United Statesand not merely shedding light on its controversial political practices and military actionswas itself specifically his goal all along.

Late last year, the U.S. government accidentally revealed that a sealed complaint had been filed

It is far more likely, given Mannings involvement now, that the government is searching for ways to avoid this espionage dilemma entirely; to not have their prosecutors positioned opposite the First Amendment in a trial thats sure to become a massive public spectacle.

As Gizmodo previously reported, there is at least some evidence that Assange has cooperated with convicted criminal hackers in the past in ways that may have left him vulnerable to accessory charges in years-old computer crimesif only after-the-fact.

Regardless of his cases outcome, Texas journalist Barrett Brown was at least initially charged after merely sharing a hyperlink to data stolen during the 2011 hack of Stratfor, a private intelligence firm. WikiLeaks, on the other hand, shared with those same hackers actual code designed to aide them in riffling through roughly 5 million emails pilfered from Stratfor. Whats more, other reports suggest WikiLeaks may have also solicited cyberattacks against a U.S. ally abroad, which was definitely a branch of DOJs long-running investigation into the organization, as evident by the involvement of FBI agents and informants.

The courts decision to imprison Chelsea Manning for refusing to comply with a grand jury is pointless, punitive, and cruel, her supporters said Friday.

Chelsea has clearly stated her moral objection to the secretive and oppressive grand jury process. We are Chelseas friends and fellow organizers, and we know her as a person who is fully committed to her principles. If Judge Claude M. Hilton and [assistant U.S. attorney] Gordon Kromberg believe that subjecting Chelsea to more punishment will change her mind, they are gravely mistaken.

To quote Chelsea, they added, we got this.

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Why Chelsea Manning Decided to Go to Jail in Protest

Daniel Ellsberg Speaks Out on the Arrest of Julian Assange …

As Julian Assange awaits his fate, socked away in maximum security lockdown in Great Britain, his supporters and friendsmany of whom believe he is one of the most significant publishers of our timeare vigiling, writing,and speaking out in support of his work and calling for his immediate release.

I spoke to legendary Pentagon Papers whistleblower Daniel Ellsberg the morning after Assange was dragged out of the Ecuadorian Embassy in London, with the eyes of the world watching the scene unfold in real time.

Ellsberg says he is both outraged and deeply concerned about the impact this case might have on the free press. Without whistleblowers, Ellsberg tells me in the following interview, we would not have a democracy.

Q: You have been watching what has been going on with Julian Assange for some time. What do you make of what has just happened?

Daniel Ellsberg: It is not a good day for the American press, or for American democracy. Forty-eight years ago, I was the first journalistic source to be indicted. There have been perhaps a dozen since then, nine under President Obama. But Julian Assange is the first journalist to be indicted. If he is extradited to the U.S. and convicted, he will not be the last.

The First Amendment is a pillar of our democracy and this is an assault on it. If freedom of speech is violated to this extent, our republic is in danger. Unauthorized disclosures are the lifeblood of the republic.

Q: Some people say Assange was just a hacker. Others, including many major news organizations, felt that he was a legitimate source of information. What is the significance of WikiLeaks? Did it change history in a way similar to how the Pentagon Papers changed our knowledge of the Vietnam War?

Ellsberg: It would be absurd to say that Julian Assange was just a hacker. As a young man he was a hacker, and his philosophy is sometimes called hacker philosophy, referring to radical transparency, which goes beyond what I would agree with in some cases, in terms of not wanting to redact or curate any of the information at all. His theory is to lay it all out for the public and I think that can have some dangers for privacy in some cases. But that is not involved here.

In this case he was doing journalism of a kind which I think other outlets are jealous of and dont practice as much as they should. This information was actually first offered by Chelsea Manning to The New York Times and The Washington Post, but neither one showed any interest in it. That is how it came to Julian Assange and WikiLeaks.

The collateral murder video shows up-front murder being done [in an airstrike in Baghdad in July 2007]. You see unarmed people in civilian clothes being gunned down and then as they are crawling away, wounded, being pursued until they are dead. That was murder. Not all killing in war is murder, although a lot of it is in modern war. Other people were watching that video when [Manning] saw it. They were all shocked by it, [but] she was the one who decided that people should be told about this.

Without whistleblowers, our foreign policy would be almost entirely covert. We dont have as many whistleblowers as we need to have any kind of public sovereignty.

That took great moral courage on her part, for which she paid ultimately with seven and a half years in prison, ten and a half months in solitary confinement. She was recently imprisoned again for refusing to cooperate with a grand jury that clearly is pursuing Julian Assange, hoping to get information beyond what she testified to in her hearings and court trials. . . .

She objects to grand juries in general, as unconstitutional and undemocratic in their secret proceedings. That is the same attitude my co-defendant in the Pentagon Papers trial, Anthony Russo, took forty-eight years ago. He refused to testify secretly to a grand jury. In fact, he offered to testify if they would give him a transcript that would show him exactly what he said and hadnt said. They wouldnt accept that and he spent over a month in jail before they decided instead to indict him. Chelsea is taking the same position now and showing the kind of moral courage that she has shown all along.

Julian, meanwhile, is being charged with having gone beyond the limits of journalism by helping Manning to conceal her identity with a new username. He is also charged with having encouraged her to give him documents. That is criminalizing journalism. I cant count the number of times that I have been asked for documents by journalists or for more documents. She had already given hundreds of thousands of files to Assange and he wanted more. This is the practice of journalism.

Q: There wouldnt really be much journalism without documents. People used to depend on eyewitness accounts but what beats a document?

Ellsberg: I have been asked what I would do today in the digital era. I would still give them to The New York Times in the hopes that they would print the documents at length. Not many papers take the space to do that and that is why I chose The New York Times. But it was four months after I gave them to Neil Sheehan when they actually published them. During that time he didnt tell me that the Times was working on it. Nowadays I would not wait, I would give it to WikiLeaks or put it on the net myself.

Q: But Assange was focused on trying to protect his sources. This made it possible for more people to participate and that got on the nerves of the powers that be.

Ellsberg: None of his sources except Chelsea have been identified. Actually, Chelsea chose the wrong person to confide in, Adrian Lamo, who immediately informed on her. In terms of getting documents that are crucial, that is done every day. Very often the documents are not printed. The journalist just uses them to make sure that he or she has a valid story. A document is more likely to identify a source, as happened in the case of the Intercept, I am sorry to say.

Q: Finally, why is it important to protect whistleblowers? This is obviously meant to frighten off anyone with information.

Ellsberg: Without whistleblowers, our foreign policy would be almost entirely covert. We dont have as many whistleblowers as we need to have any kind of public sovereignty. Unfortunately, people are simply not willing to risk their job or their clearance or their freedom.

In the past, before me and before President Obama, there were very few prosecutions. Freedom of the press was always held to preclude holding journalists and editors accountable for informing the public. This could be a major change. With classified information, which is nearly everything in the foreign policy field, the writer cannot predict what will be embarrassing in the future, what will appear criminal, what will be considered poor judgment. So they classify everything and it stays classified.

Only a tiny percentage of classified information deserves any protection from the public. A great deal of it the public needs and deserves to have. Most leaks were actually authorized, even though they were against regulations, because they served the interest of some boss in the system. They are really given for the benefit of the agencys budget, or whatever. A small percentage are whistleblowing in the sense of revelation of wrongdoing or deception or criminality, information that the public should know, to avoid a war, for instance.

Q: What other information that the public has the right to see might still be bottled up?

Ellsberg: Eighteen years after it began, we still don't have the Pentagon Papers for Afghanistan. I am certain that they exist, within the CIA and the Pentagon and the White House, stacks of classified estimates that say stalemate is irrevocable in Afghanistan: We can stay there as long as we want but we will never serve American interests any more than now, which is essentially zero, unless it is to free the President of the charge that he has lost a war.

I think these estimates have been there from before the war but we have never seen them. How many people really want to get involved in a war with Russia and Assad in Syria? The estimates would reveal that, and we ought to have those.

It is now up to us to make sure that the First Amendment is preserved.

A war with North Korea or Iran would be catastrophic and I am sure there are many authoritative statements to that effect. But if John Bolton persuades Trump to get involved in such a war, it will happen. It will probably happen without much disclosure beforehand, but if people did risk their careers and their freedom, as Chelsea Manning and Ed Snowden have done, we would have a much better chance that a democratic public would prevent that war from taking place.

Without whistleblowers we would not have a democracy. And there have to be people to distribute work and publish it. Julian Assange has done that in a way in which other publishers have not been willing to. Journalists should close ranks here against this abuse of the President's authority, and against Britain and Ecuador for violating the norms of asylum and making practically every person who has achieved political asylum anywhere in the world less secure.

It is now up to us to make sure that the First Amendment is preserved.

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Daniel Ellsberg Speaks Out on the Arrest of Julian Assange ...

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Bradley Manning court-martial starts: key points in the …

The court-martial of US Army Pfc. Bradley Manning for the largest leak of classified documents in US history will hinge on whether he aided the enemy and violated the 1917 Espionage Act charges that some legal analysts say the Obama administration could have trouble proving.

Manning, whose trial begins Monday, is accused of passing more than 700,000 government and military documents to the anti-secrecy website WikiLeaks. The polarizing figure, called a whistle-blowing hero by supporters and traitor by opponents, has been in detention since his arrest in Iraq in May 2010.

Manning faces more than 20 charges, including violating the Espionage Act and a military charge of aiding the enemy. If convicted, he could be sentenced to prison for life without parole.

In February during pretrial hearings, Manning admitted to 10 charges. He told military judge Army Col. Denise Lind he leaked the material to expose the American military's "blood lust" and disregard for human life in Iraq and Afghanistan. He said he did not believe the information would harm the United States and he wanted to start a debate on the role of the military and foreign policy.

The judge accepted his guilty plea to reduced charges for those charges, but prosecutors did not and moved forward with a court-martial.

Manning chose to have his court-martial heard by a judge instead of a jury. It is expected to run all summer. The case is the most high profile in a string of leak prosecutions by the Obama administration, which has come under criticism for its crackdown on leakers. The six prosecutions since Barack Obama took office is more than in all other presidencies combined.

The governments decision to proceed with the two most serious charges even after Manning admitted guilt took some legal analysts by surprise.

Elizabeth Goitein, co-director of the Brennan Center for Justices Liberty and National Security Program, told The Washington Post that Mannings leaks were reckless and a data dump. But he is not an enemy of the state and putting him behind bars for life is overreaching, she said.

First Amendment lawyer Floyd Abrams told The Wall Street Journal, His conduct in my view was neither lawful nor admirable, but the decision to persist in this prosecution seems unduly severe.

On the other side, prosecutors have said Manning must be held accountable: Private First Class Manning was a US analyst who we trained and trusted to use multiple intelligence systems ... and he used that training to defy our trust, said Maj. Ashden Fein, a prosecutor in the case, in one pretrial hearing.

Manning, he said, knowingly engaged in a six-month-long criminal enterprise of harvesting classified information to send to WikiLeaks, while knowing and understanding that enemies would have access to the information.

Some former prosecutors told The Washington Post it could be difficult to prove intent to harm the US.

A lot of times, you think something is damaging, said Baruch Weiss, a former federal prosecutor and an expert on the Espionage Act, and the reality proves to be otherwise.

But Ms. Goitein said that under a ruling by Lind, prosecutors will have to prove only that Manning had reason to believe that the documents disclosed could be used to harm the US or aid a foreign power. They need not prove that he intended to harm the US.

I suspect that the government can meet this burden on at least some of the counts, Goitein told the Post.

The material that WikiLeaks began publishing in 2010 documented complaints of Iraqi detainee abuses, contained a US tally of civilian deaths in Iraq, and described weak US support for the government of Tunisia a disclosure that Manning supporters said encouraged the popular uprising that ousted the Tunisian president in 2011 and helped trigger the Middle Eastern pro-democracy uprisings known as the Arab Spring.

In pretrial hearings, Manning also acknowledged sending WikiLeaks unclassified video of a 2007 US Apache helicopter attack that killed civilians, including a Reuters photographer. An internal military investigation concluded the troops reasonably mistook the camera equipment for weapons, while WikiLeaks dubbed the video "Collateral Murder."

The release of the cables and video embarrassed the US and its allies. The Obama administration has said it threatened valuable military and diplomatic sources and strained America's relations with other governments, but the specific amount of damage hasn't been publicly revealed and probably won't be during the trial.

Much of the evidence is classified, which means large portions of the trial are likely to be closed to reporters and the public. The judge tested alternatives to closing the courtroom, such as using code words and unclassified summaries, but she said it didn't work.

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About 20 Manning supporters demonstrated Monday morning in the rain outside the visitor gate at Fort Meade in Maryland, where the court-martial is taking place. They waved signs reading "free Bradley Manning" and "protect the truth," while chanting, "What do want? Free Bradley. When do we want it? Now."

Material from the Associated Press was used in this report.

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Bradley Manning court-martial starts: key points in the ...

Intent To Harm At Center Of Bradley Manning’s Trial : NPR

Protesters march during a rally in support of Army Pfc. Bradley Manning outside Fort Meade, Md., on Saturday. Manning, who is scheduled to face a court-martial beginning Monday, is accused of sending hundreds of thousands of classified records to WikiLeaks while working as an intelligence analyst in Baghdad. Patrick Semansky/AP hide caption

Protesters march during a rally in support of Army Pfc. Bradley Manning outside Fort Meade, Md., on Saturday. Manning, who is scheduled to face a court-martial beginning Monday, is accused of sending hundreds of thousands of classified records to WikiLeaks while working as an intelligence analyst in Baghdad.

In the three years since his arrest, Bradley Manning, the slight Army private first class with close-cropped blond hair and thick military glasses, has become less of a character than a cause.

"Bradley Manning is a very polarizing figure. People either think that he is a hero or they think he's a traitor," says Elizabeth Goitein, who co-directs the liberty and national security program at the Brennan Center for Justice. "I actually think that he's somewhere in between."

Manning is accused of one of the biggest leaks of classified information in history. Prosecutors say he downloaded thousands of diplomatic cables and war field reports and sent them to the website WikiLeaks.

Goitein will follow Manning's trial, which begins Monday at a military base in Maryland, for what it says about the government's system for handling secret material.

"I think this case really does illustrate one of the harms of overclassification, which is that when people, day in and day out, who are working with classified information see that there are so many documents that are completely innocuous that are classified, they lose respect for the system," she says.

Manning's supporters say he deserves an award for blowing the whistle on war crimes, civilian casualties and torture. Instead, they say, he was abused by the U.S. military, which held him in solitary confinement for months in a brig in Virginia.

Defense lawyer David Coombs made rare public remarks at a rally last year.

"Brad's treatment at Quantico will forever be etched, I believe, in our nation's history as a disgraceful moment in time," he said.

Bradley Manning is a very polarizing figure. People either think that he is a hero or they think he's a traitor. I actually think that he's somewhere in between.

Elizabeth Goitein, Brennan Center for Justice

Manning has already agreed to plead guilty to 10 lesser criminal charges, but not the most serious offenses including violations of the Espionage Act and aiding the enemy, which carries a possible life sentence.

The government will need to prove Manning had reason to believe the leaks would hurt national security. But Manning is expected to argue that he had no intent to harm anyone.

The case is already one of the longest and most complex in military history, says Eugene Fidell, who teaches military law at Yale.

"The unanswered question is why this train has run so badly off the tracks," he says.

Fidell says the military justice system is supposed to prize speed and efficiency, but the drift in the Manning prosecution and other failings undermine public confidence.

"It's unfolding at a time that may be a tipping point for the military justice system generally," he says. "And what I'm talking about specifically is the widespread consternation and dismay about how the military justice system deals with an entirely unrelated type of criminality, which is sexual assault."

The judge in the Manning case has ruled that some witnesses will testify behind closed doors. The case already has a rap for excessive secrecy, since many court filings have been impossible to view for reporters and Manning's vocal supporters.

One of them is Michael Ratner of the Center for Constitutional Rights, who spoke about his frustration at that rally last year.

"It's hard to hear sometimes. You get no access to any of the court documents, none of the court orders, none of the motions filed nothing," he said. "And I'm a lawyer, and I sit in that courtroom and it seems like a completely secret proceeding to me."

The trial is expected to last 12 weeks.

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Intent To Harm At Center Of Bradley Manning's Trial : NPR

A timeline of Edward Snowden leaks – Business Insider

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In June 2013, The Guardian reported the first leak based on top-secret documents that then 29-year-old Edward Snowden stole from the National Security Agency. At the time, Snowden worked as an intelligence contractor for Booz Allen Hamilton in Hawaii.

That leak would certainly not be the last. In the years since, journalists have released more than 7,000 top-secret documents that Snowden entrusted them with, which some believe is less than 1% of the entire archive.

Now, with the film "Snowden" premiering Friday, it's worth taking a look back at what secrets Snowden actually revealed. We've compiled every single leak that came out in the first year of the Snowden saga, though there were many more that came later.

Snowden downloaded up to 1.5 million files, according to national intelligence officials, before jetting from Hawaii to Hong Kong to meet with journalists Glenn Greenwald and Laura Poitras. After he handed off his treasure trove of documents, he flew from Hong Kong and later became stranded in Moscow. His future was far from certain, as the journalists he trusted started revealing his secrets.

Here is everything that Snowden's leaks revealed between 2013 and 2014:

With a top-secret court order, the NSA collected the telephone records from millions of Verizon customers. June 6, 2013

The Guardian The NSA accessed and collected data through back doors into US internet companies such as Google and Facebook with a program called Prism. June 7, 2013

An 18-page presidential memo shows Obama ordering intelligence officials to draw up a list of overseas targets for cyberattacks. June 7, 2013

Documents reveal the NSA's Boundless Informant program, which gives the agency near real-time ability to understand how much intelligence coverage there is on certain areas through use of a "heat map." June 8, 2013

The NSA was hacking computers in Hong Kong and mainland China, few of which were military systems. June 13, 2013

Britain's GCHQ (its intelligence agency) intercepted phone and internet communications of foreign politicians attending two G-20 meetings in London in 2009. June 16, 2013

Top-secret procedures show steps the NSA must take to target and collect data from "non-US persons" and how it must minimize data collected on US citizens. June 20, 2013

Britain's GCHQ taps fiber-optic cables to collect and store global email messages, Facebook posts, internet histories, and calls, and then shares the data with the NSA. June 21, 2013

The NSA has a program codenamed EvilOlive that collects and stores large quantities of Americans' internet metadata, which contains only certain information about online content. Email metadata, for example, reveals the sender and recipient addresses and time but not content or subject. June 27, 2013

Until 2011, the Obama administration permitted the NSA's continued collection of vast amounts of Americans' email and internet metadata under a Bush-era program called Stellar Wind. June 27, 2013

The US government bugged the offices of the European Union in New York, Washington, and Brussels. June 29, 2013

The US government spies on at least 38 foreign embassies and missions, using a variety of electronic surveillance methods. June 30, 2013

The NSA spies on millions of phone calls, emails, and text messages of ordinary German citizens. June 30, 2013

Using a program called Fairview, the NSA intercepts internet and phone-call data of Brazilian citizens. July 6, 2013

Monitoring stations set up in Australia and New Zealand help feed data back to NSA's XKeyscore program. July 6, 2013

The NSA conducts surveillance on citizens in a number of Latin American countries, including Venezuela, Colombia, Argentina, Panama, Ecuador, Peru, and others. The agency also sought information on oil, energy, and trade. July 9, 2013

The Washington Post publishes a new slide detailing NSA's "Upstream" program of collecting communications from tech companies through fiber-optic cables to then feed into its Prism database. July 10, 2013

Germany's Federal Intelligence Service, BND, helps contribute data to the NSA's XKeyscore program. July 20, 2013

The Guardian

NSA analysts, using the XKeyscore program, can search through enormous databases of emails, online chats, and browsing histories of targets. July 31, 2013

The US government paid Britain's GCHQ roughly $155 million over three years to gain access and influence over its spying programs. August 1, 2013

Seven of the world's leading telecommunications companies provide GCHQ with secret, unlimited access to their network of undersea cables. August 2, 2013

The NSA provided surveillance to US diplomats in order to give them the upper hand in negotiations at the UN Summit of the Americas. August 2, 2013

The NSA sifts through vast amounts of Americans' email and text communications going in and out of the country. August 8, 2013

Internal NSA document reveals an agency "loophole" that allows a secret backdoor for the agency to search its databases for US citizens' emails and phone calls without a warrant. August 9, 2013

NSA collection on Japan is reportedly maintained at the same priority as France and Germany. August 12, 2013

The NSA broke privacy rules thousands of times per year, according to an internal audit. August 15, 2013

NSA analysts revealed to have sometimes spied on love interests, with the practice common enough to have coined the term LOVEINT, or love intercepts. (It was unclear whether this report came from Snowden docs.) August 23, 2013

Britain runs a secret internet-monitoring station in the Middle East to intercept emails, phone calls, and web traffic, The Independent reports, citing Snowden documents. Snowden denies giving The Independent any documents, alleging the UK government leaked them in an attempt to discredit him. August 23, 2013

The top-secret US intelligence "black budget" is revealed for 2013, with 16 spy agencies having a budget of $52.6 billion. August 29, 2013

Martin Grandjean

Expanding upon data gleaned from the "black budget," the NSA is found to be paying hundreds of millions of dollars each year to US companies for access to their networks. August 29, 2013

The US carried out 231 offensive cyberattacks in 2011. August 30, 2013

The NSA hacked into Qatar-based media network Al Jazeera's internal communications system. August 31, 2013

The NSA spied on former Brazilian President Dilma Rousseff and Mexican President Enrique Pea Nieto (then a candidate). September 1, 2013

Using a "man in the middle" attack, NSA spied on Google, the French Ministry of Foreign Affairs, the Society for Worldwide Interbank Financial Telecommunications, and the Brazilian oil company Petrobras. September 2, 2013

A US intelligence "black budget" reveals Al Qaeda's effort to jam, hack, and/or shoot down US surveillance drones. September 3, 2013

A joint investigation by ProPublica, The New York Times, and The Guardian finds the NSA is winning its war against internet encryption with supercomputers, technical know-how, and court orders. September 5, 2013

The NSA has the ability to access user data for most major smartphones on the market, including Apple iPhones, BlackBerrys, and Google Android phones. September 7, 2013

The NSA shares raw intelligence data (with information about American citizens) to Israel with an information-sharing agreement. September 11, 2013

The NSA monitors banks and credit institutions for a comprehensive database that can track the global flow of money. September 16, 2013

Britain's GCHQ launched a cyberattack against Belgacom, a partly state-owned Belgian telecommunications company. September 20, 2013

The NSA spies on Indian diplomats and other officials in an effort to gain insight into the country's nuclear and space programs. September 23, 2013

The NSA's internal "wiki" website characterizes political and legal opposition to drone attacks as part of "propaganda campaigns" from America's "adversaries." September 25, 2013

Since 2010, the NSA has used metadata augmented with other data from public, commercial, and other sources to create sophisticated graphs that map Americans' social connections. September 28, 2013

The NSA stores a massive amount of internet metadata from internet users, regardless of whether they are being targeted, for up to one year in a database called Marina. September 30, 2013

The NSA and GCHQ worked together to compromise the anonymous web-browsing Tor network. October 4, 2013

Canada's signals intelligence agency, CSEC, spied on phone and computer networks of Brazil's Ministry of Mines and Energy and shared the information with the "Five Eyes" intelligence services of the US, Canada, Britain, Australia, and New Zealand. October 7, 2013

A reflection of Charlie Miller is pictured on his computer screen in his home-office in Wildwood, Missouri April 30, 2013. Miller is a security researcher at Twitter who previously worked for the National Security Agency (NSA). REUTERS/Sarah Conard

The NSA collected more than 250 million email contact lists from services such as Yahoo and Gmail. October 14, 2013

NSA surveillance was revealed to play a key role in targeting for overseas drone strikes. October 16, 2013

The NSA spied on French citizens, companies, and diplomats, and monitored communications at France's embassy in Washington and its UN office in New York. October 21, 2013

The NSA tapped the mobile phone of German Chancellor Angela Merkel. October 23, 2013

The NSA spied on Italian citizens, companies, and government officials. October 24, 2013

The NSA monitored the phone calls of 35 world leaders and encouraged other government agencies to share their "Rolodexes" of foreign politicians so it could monitor them. October 25, 2013

The NSA spied on Spanish leaders and citizens. October 25, 2013

The NSA stations surveillance teams at 80 locations around the world. October 27, 2013

A joint program between the NSA and Britain's GCHQ called Muscular infiltrates and copies data flowing out of Yahoo and Google's overseas data centers. One slide boasted of "SSL added and removed here!" with a smiley face. October 30, 2013

The NSA spied on the Vatican. (The Panorama website did not cite Snowden as the source.) October 30, 2013

Australia's intelligence service has surveillance teams stationed in Australian embassies around Asia and the Pacific. October 31, 2013

One document reveals tech companies play a key role in NSA intelligence reports and data collection. November 1, 2013

Britain's GCHQ and other European spy agencies work together to conduct mass surveillance. November 1, 2013

Strategic missions of the NSA are revealed, which include combatting terrorism and nuclear proliferation, as well as pursuing US diplomatic and economic advantage. November 2, 2013

Australia's Defense Signals Directorate and the NSA worked together to spy on Indonesia during a UN climate change conference in 2007. November 2, 2013

The NSA spied on OPEC. November 11, 2013

GCHQ monitored the booking systems of 350 high-end hotels with a program called Royal Concierge, which sniffed for booking confirmations sent to diplomatic email addresses that would be flagged for further surveillance. November 17, 2013

Australia's DSD spied on the cellphones of top Indonesian officials, including the president, first lady, and several cabinet ministers. November 18, 2013

The NSA spied on millions of cellphone calls in Norway in one 30-day period. November 19, 2013

The British government struck a secret deal with the NSA to share phone, internet, and email records of UK citizens. November 20, 2013

REUTERS/Jason Reed

A NSA strategy document reveals the agency's goal to acquire data from "anyone, anytime, anywhere" and expand its already broad legal powers. November 22, 2013

The NSA infected more than 50,000 computer networks worldwide with malware designed to steal sensitive information. November 23, 2013

The NSA gathers evidence of visits to pornographic websites as part of a plan to discredit Muslim jihadists. November 26, 2013

Working with Canadian intelligence, the NSA spied on foreign diplomats at the G-8 and G-20 summits in Toronto in 2010. November 28, 2013

The Netherlands' intelligence service gathers data on web-forum users and shares it with the NSA. November 30, 2013

A draft document reveals Australia offered to share information collected on ordinary Australian citizens with the NSA and other "Five Eyes" partners. December 1, 2013

The NSA siphons billions of foreign cellphone location records into its database. December 4, 2013

Widespread spying is revealed in Italy, with the NSA spying on ordinary Italians as well as diplomats and political leaders. December 5, 2013

Swedish intelligence was revealed to be spying on Russian leaders, then passing it on to the NSA. December 5, 2013

A document reveals the extent of the relationship between NSA and Canadian counterparts, which includes information-sharing and Canada allowing NSA analysts access to covert sites it sets up. December 9, 2013

Blizzard

Intelligence operatives with NSA and GCHQ infiltrate online video games such as "World of Warcraft" in an effort to catch and stop terrorist plots. December 9, 2013

Piggybacking on online "cookies" acquired by Google that advertisers use to track consumer preferences, the NSA is able to locate new targets for hacking. December 10, 2013

The NSA has the ability to decrypt the common A5/1 cellphone encryption cipher. December 13, 2013

The NSA secretly paid the computer security firm RSA $10 million to implement a "back door" into its encryption. December 20, 2013

A document reveals how Britain's GCHQ spied on Germany, Israel, the European Union, and several nongovernmental organizations. December 20, 2013

With a $79.7 million research program, the NSA is working on a quantum computer that would be able to crack most types of encryption. January 2, 2014

Using radio transmitters on tiny circuit boards or USB drives, the NSA can gain access to computers not connected to the internet. January 14, 2014

The NSA scoops "pretty much everything it can" in untargeted collection of foreign text messages for its Dishfire database. January 16, 2014

The NSA scoops up personal data mined from smartphone apps such as Angry Birds. January 27, 2014

A GCHQ program called Squeaky Dolphin monitors YouTube, Facebook, and Blogger for "broad real-time monitoring of online activity." January 27, 2014

The NSA spied on negotiators during the 2009 UN climate change conference in Copenhagen, Denmark. January 29, 2014

CSEC, Canada's national cryptologic agency, tested a pilot program with the NSA that captured metadata from users who had logged into free airport Wi-Fi. January 30, 2014

Britain's GCHQ waged war on hacker groups such as Anonymous and Lulzsec, mounting Distributed Denial-of-Service attacks and infiltrating their chat rooms. February 5, 2014

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A timeline of Edward Snowden leaks - Business Insider