{"id":31005,"date":"2017-04-10T10:09:32","date_gmt":"2017-04-10T14:09:32","guid":{"rendered":"http:\/\/www.opensource.im\/?p=31005"},"modified":"2017-04-10T10:09:32","modified_gmt":"2017-04-10T14:09:32","slug":"bradley-manning-trial-faq-wikileaks","status":"publish","type":"post","link":"https:\/\/euvolution.com\/open-source-convergence\/bradley-manning\/bradley-manning-trial-faq-wikileaks.php","title":{"rendered":"Bradley Manning Trial FAQ &#8211; WikiLeaks"},"content":{"rendered":"<p><p>    Who is Bradley Manning?  <\/p>\n<p>    When is the trial?  <\/p>\n<p>    How long is the trial?  <\/p>\n<p>    What is Bradley Manning accused of?  <\/p>\n<p>    What is the potential sentence?  <\/p>\n<p>    What is the status of the federal    investigation against    Julian Assange and six other founders, owners or    administrators of    WikiLeaks?  <\/p>\n<p>    What is the scope of the WikiLeaks\/Manning    investigation,    which US officials have described as unprecedented both in its    scale and    nature  <\/p>\n<p>    How does secrecy in the Manning trial compare    to secret    trials in Guantanamo Bay?  <\/p>\n<p>    What legal actions has WikiLeaks taken in    relation to BM?  <\/p>\n<p>    How can Manning be charged with Aiding the    Enemy?  <\/p>\n<p>    What does the Manning trial mean for press    freedoms?  <\/p>\n<p>    Where can I find Bradley Mannings plea    statement?  <\/p>\n<p>    Twenty-five-year-old Bradley    Manning is    alleged to be the source of a trove of written and audiovisual    material    detailing, inter alia, war crimes, corruption, torture and    human rights    violations published by WikiLeaks. Manning is a Nobel Peace    Prize nominee.    He has won numerous prizes, including The Guardian \"Person of    the Year\"    award in 2012. The material concerned every country in the    world. It    detailed the deaths of hundreds of thousands of people (the    majority    civilians) in occupied Iraq and Afghanistan. Details of the    execution of    an Iraqi family and its cover-up ultimately precipitated the    end of the    Iraq War, after the Iraqi government refused to renew US    immunity from    prosecution. The material also revealed the existence of US    death squads    in Afghanistan.    More  <\/p>\n<p>    Manning was deployed as an army intelligence analyst in Iraq.    He was    arrested in May 2010 at the age of 23. For the first nine    months the US    army placed Manning in conditions of pre-trial punishment which    the UN    Rapporteur on Torture found to be inhuman and degrading, in    violation of    the UN Convention Against Torture. The military judge ruled in    January    2013 that Manning had been subjected to unlawful pretrial    punishment for    112 days at the Quantico marine brig.  <\/p>\n<p>    The trial commenced on 3 June 2013. Pre-trial hearings began on    16    December 2011. <a href=\"http:\/\/www.bradleymanning.org\/learn-more\/bradley-manning\" rel=\"nofollow\">http:\/\/www.bradleymanning.org\/learn-more\/bradley-manning<\/a>  <\/p>\n<p>    The trial is scheduled to last twelve weeks.  <\/p>\n<p>    View the    infographic    comparing prosecutions charged dates versus the timeline set    out by the    Manning plea. Read the charge sheet    here  <\/p>\n<p>    The most serious charge against Bradley Manning is Aiding the    Enemy, a    capital offence. Although the    prosecution has stated that they will seek a life sentence and    not the    death penalty, it is within the discretion of the court to    pursue it    nonetheless.  <\/p>\n<p>    The criminal US investigation against WikiLeaks was most    recently    confirmed to be ongoing by the Department of Justice spokesman    for the    Eastern District of Virginia, Peter Carr, on the 26th March    2013.    The federal investigation into the WikiLeaks publication and    its Australian    publisher Julian Assange in connection with Mannnings    prosecution will    establish a    precedent.    If successful these efforts will criminalise national security    journalism.  <\/p>\n<p>    The various limbs of the Manning\/WikiLeaks investigation    progress in    parallel and inform one another. Prior to the recent    confirmation, the US    Attorney General, Eric Holder, spoke about the WikiLeaks    investigation to    the press here    and here), as did the    Department of Justice spokesman Dean    Boyd.  <\/p>\n<p>    More: <a href=\"http:\/\/justice4assange.com\/extraditing-assange.html#WHATLAWS\" rel=\"nofollow\">http:\/\/justice4assange.com\/extraditing-assange.html#WHATLAWS<\/a>  <\/p>\n<p>    WikiLeaks Grand Jury 10-GJ-3-793  <\/p>\n<p>    The WikiLeaks Grand Jury empaneled in Alexandria, Virginia    since 2010 is    the mechanism through which the Obama administration is    determining how to    shape its criminal prosecution against Julian Assange and    WikiLeaks in    connection with the material allegedly leaked by Bradley    Manning. The    WikiLeaks grand jury has the number    10-GJ-3-793.    \"10\" is the year it began, \"GJ\" stands for grand jury, \"3\"    refers to a    conspiracy statute, and \"793\" to the Espionage Act as encoded    in US law.  <\/p>\n<p>    The military prosecutors in the Manning case are using    transcripts from    10-GJ-3-793 WikiLeaks grand jury testimony against Bradley    Manning in the    military trial. Bradley Mannings lawyer requested to view this    evidence    but was denied    access    to it.  <\/p>\n<p>    Australian embassy cables describe the WikiLeaks grand jury    thus: \"active    and vigorous inquiry into whether Julian Assange can be charged    under US    law, most likely the 1917 Espionage Act\". US    officials    told    the Australian embassy [\"the WikiLeaks case is unprecedented    both in its    scale and nature\". According to these diplomatic    communications, the    WikiLeaks grand jury casts the net beyond Assange to see if    any    intermediaries had been involved in communications between    Assange and    Manning\".  <\/p>\n<p>    Grand juries confer special    powers on    prosecutors and the rules of evidence are not as strict as in a    trial.    Witnesses to the grand jury can be compelled to    testify because    they cannot refuse to do so on grounds of self-incrimination.    Australian    diplomatic    communications    stated that Grand juries can issue indictments under seal, and    that    theoretically one could already have been issued for Assange.    In this    particular case, it would be more likely that an indictment    would become    known at the point of extradition    proceedings,    should these take place, in the UK or Sweden.  <\/p>\n<p>    FBI Criminal investigation against WikiLeaks  <\/p>\n<p>    As of a year ago, approximately 20% of the FBI classified    investigation    file into WikiLeaks pertained to Bradley Manning. 8,741 pages    (636    documents) related to Bradley Manning out of 42,135    pages    (3,475 documents) relating to WikiLeaks. The remaining FBI file    involved    at least eight civilians related to the WikiLeaks disclosures,    including    the founders, owners, or managers    of    WikiLeaks.    The FBI investigation includes damage    assessments.  <\/p>\n<p>    The FBI conducted illegal operations as part of the    WikiLeaks    investigation. One unlawful FBI WikiLeaks operation became    known to the    public after WikiLeaks spokesman Kristinn Hrafnsson revealed    the incident    in a live interview on national television. The information    was    subsequently confirmed by Icelands Minister of Interior,    Ogmundur    Jonasson.    A parliamentary inquiry took place in February 2013 in relation    to the    FBIs WikiLeaks activities in Iceland. The FBI agents and    prosecutors were    expelled from the country and Icelandic authorities formally    suspended    their collaboration with the FBI. The FBI had allegedly    attempted to    entrap    WikiLeaks and its founder, Julian Assange. The operation in    Iceland was    conducted in secret. It involved six FBI officers and two US    prosecutors,    one of which was a prosecutor at 10-GJ-3-793, the WikiLeaks    grand jury in    Alexandria, Virginia. The unlawful methods of the FBI    investigation should    not come as a surprise given that they are led by Neil    MacBride, whose    prosecutorial tactics involves claiming that US criminal law applies    in    foreign    jurisdictions.  <\/p>\n<p>    On July 28, 2010, one month after Pfc. Bradley Manning was    arrested in    Iraq, the FBI opened an official criminal investigation into    the editor    and chief of WikiLeaks, Julian Assange, partnering with the    joint    investigation of the US Defense Department and the US    Department of    States Diplomatic Security Service. The investigation then    grew into a    whole of government investigation, involving interagency    coordination    between the Department of Defense (DOD) including: CENTCOM;    SOUTHCOM; the    Defense Intelligence Agency (DIA); Defense Information Systems    Agency    (DISA); Headquarters Department of the Army (HQDA); US Army    Criminal    Investigation Division (CID) for USFI (US Forces Iraq) and 1st    Armored    Division (AD); US Army Computer Crimes Investigative Unit    (CCIU); 2nd Army    (US Army Cyber Command); Within that or in addition, three    military    intelligence investigations were conducted. Department of    Justice (DOJ)    Grand Jury and the Federal Bureau of Investigation (FBI),    Department of    State (DOS) and Diplomatic Security Service (DSS). In addition,    Wikileaks    has been investigated by the Office of the Director of    National    Intelligence (ODNI), Office of the National CounterIntelligence    Executive    (ONCIX), the Central Intelligence Agency (CIA); the House    Oversight    Committee; the National Security Staff Interagency Committee,    and the PIAB    (Presidents Intelligence Advisory Board).  <\/p>\n<p>    Source: Bradley    Manning    pre-trial    hearing  <\/p>\n<p>    Trials of accused terrorists in Guantanamo Bay are more transparent than    the Manning    trial.    In the case of offshore trials in Guantanamo Bay, the    military court    committed to providing journalists with    contemporaneous    access    to the material filed in court. Where information has been    withheld at    Guantanamo Bay proceedings, journalists can challenge the    decision to keep    the information secret. By contrast, the overwhelming majority    of court    records filed in the Manning case have been kept secret by the    court and    attempts to make them public have been dismissed. Although    journalists    have been been able to access portions of his pre-trial    proceedings, the    government refuses to provide its existing official court    transcript of    these public portions to the public. Instead, independent    journalists have    had to collect, piece together and report the trial in the    absence of the    governments compliance with the right of public access to    criminal    proceedings. These efforts are not funded by the US tax payer,    but paid    instead by donations. The most exhaustive record of Mannings    court    proceedings and the investigation against WikiLeaks is    independent    journalist Alexa OBriens    site.  <\/p>\n<p>    The Freedom of the Press Foundation is crowd-funding donations    so that a    court stenographer can be hired to take transcripts of the    trial.    Donations are tax-deductable in the US.    <a href=\"https:\/\/pressfreedomfoundation.org\/\" rel=\"nofollow\">https:\/\/pressfreedomfoundation.org\/<\/a>  <\/p>\n<p>    The right of public access to the Manning hearings is protected by the    First    Amendment.    Bradley Mannings lawyer was denied access to documents used by    the    prosecution. Journalists have not been allowed to view the    documents filed    in the proceedings.  <\/p>\n<p>    WikiLeaks and Julian Assange have filed several petitions and    complaints    to the military court in relation to access in the Manning    trial.  <\/p>\n<p>    If Manning is convicted of the aiding the enemy offence, it    would set a    precedent that disclosing classified information to a    publication is akin    to communicating with Al Qaeda. The prosecution will call    several    operatives involved in the summary execution of Osama bin Laden    to testify    in secret. The prosecution has stated to the court that they    would be    pursuing this charge even if Manning was alleged to have    submitted the    information to The New York    Times    instead. Numerous prominent    lawyers    and journalists have opposed the pursual of this charge,    including the    spokesman for the US State Department under Hillary Clinton,    PJ    Crowley.  <\/p>\n<p>    The charges against Manning and the potential or existing    sealed    indictment against Julian Assange carries with it the criminalisation of    the news-gathering    process    and a calculated crippling of the First Amendment. The aiding    the enemy    charge implies that any press organisation, and any editor,    anywhere in    the world can be prosecuted for espionage, that is for    divulging    information that may be read by a person that the US has    designated as an    \"enemy\". In practice, this means that any information that is    made    available by a publisher on the Internet which the US    government deems to    be harmful to its national security can trigger the criminal    prosecution    of the publisher, even if it is a foreign publisher.  <\/p>\n<p>    The US governments attempts to establish that the alleged    WikiLeaks    source and its publisher engaged in a conspiracy has been    re-employed in    the case of the US governments espionage    subpoena    of FOX news reporter    James    Rosen.    The Manning trial and the WikiLeaks investigation marked the    beginning of    the sharp    decline    of press freedoms under Obama.  <\/p>\n<p>    It can be found here.  <\/p>\n<p><!-- Auto Generated --><\/p>\n<p>View original post here:<br \/>\n<a target=\"_blank\" href=\"http:\/\/wikileaks.org\/Bradley-Manning-Trial-FAQ.html\" title=\"Bradley Manning Trial FAQ - WikiLeaks\">Bradley Manning Trial FAQ - WikiLeaks<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p> Who is Bradley Manning? <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48],"tags":[],"class_list":["post-31005","post","type-post","status-publish","format-standard","hentry","category-bradley-manning"],"_links":{"self":[{"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/posts\/31005"}],"collection":[{"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/comments?post=31005"}],"version-history":[{"count":0,"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/posts\/31005\/revisions"}],"wp:attachment":[{"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/media?parent=31005"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/categories?post=31005"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/euvolution.com\/open-source-convergence\/wp-json\/wp\/v2\/tags?post=31005"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}