The US Army has announced it is to charge Private Bradley Manning with "aiding the enemy" – which can carry the death penalty – and 21 further offences of illegally disclosing classified information, after an investigation lasting seven months.
The 22 new charges are in addition to the 12 counts of leaking classified information and computer fraud that Manning already faces over material said to be related to the WikiLeaks disclosures – and for which he has been held in military custody since May last year.
The army's charge sheet states that Manning did "knowingly give intelligence to the enemy, through indirect means," in violation of article 104 of the Uniform Code of Military Justice, known as "aiding the enemy".
The offence can carry the death penalty as a maximum sentence. The prosecution has told Manning's lawyers that it will not recommend capital punishment, although the presiding military judge has the authority to override the prosecution's recommendation and impose a death penalty.
The latest charge sheet does not mention WikiLeaks at any point, and the prosecution's use of the phrase "through indirect means" may suggest that WikiLeaks is not being targeted.
The other new charges include wrongfully causing intelligence to be published on the internet knowing it will be accessed by the enemy, five counts of thefts of public property or records, eight counts of transmitting national defense information to someone not entitled to receive it – violating the Espionage Act, two counts of computer fraud, and five counts of breaking US Army computer security rules.
The Army's prosecution team said in a statement that if Manning were convicted of all charges, he would face life in prison, as well as reduction in rank to the lowest enlisted grade, a dishonorable discharge and loss of all pay and benefits.
"The new charges more accurately reflect the broad scope of the crimes that Private First Class Manning is accused of committing," said Captain John Haberland, a legal spokesman for the military district of Washington.
David Coombs, Mannings lawyer, noted in an online post that "aiding the enemy" was the most significant of the new offenses, in which "enemy" is defined as including "any other hostile body that our forces may be opposing".
According to NBC News – which first reported the new charges against Manning – Pentagon and military officials say some of the classified information released by WikiLeaks contained the names of informants and others who had cooperated with the US military in Afghanistan, endangering their lives.
According to the officials, the US military attempted to contact many of those named and take them into US bases for their own protection. Military officials told NBC News that a small number of them have still have not been found, with one official quoted as saying: "We didn't get them all."
Manning is being held in the Marine Corps's Quantico jail, waiting for the results of a medical evaluation of his mental fitness to stand trial. The army said he was informed of the new changes on Wednesday.
Because Manning has dual US/UK nationality – by virtue of his mother being a British citizen – the possibility of capital punishment raises the issue of intervention by the British government.
"That Bradley Manning has now been charged with a capital offence means the British government now has the 'special humanitarian reason' it requires in order to make formal representations to the US about the treatment he is receiving," said Naomi Colvin of the UK Friends Of Bradley Manning.
"Both Amnesty International and the UN Special Rapporteur have made their concerns known so it is high time the UK offered Bradley Manning the consular support he is entitled to."
Comments in chronological order (Total 6 comments)
3 March 2011 8:01PM
What this US Army private did was embarrass US government officials. What Manning is guilty of is acting I am sure on an impulse. No long term damage done to anyone other then bruised ego's of lazy extremely arrogant American government officials.
4 March 2011 1:35AM
Since being informed of the charges on Wednesday, it appears that the treatment he is receiving - and remember he has not yet been tried, let alone convicted - is even more bizarre and deliberately humiliating.
David Coombs, his lawyer, in his latest post, says that last night Bradley was 'inexplicably stripped of all clothing' and 'remained naked in his cell for the next seven hours' He was then forced to stand naked at the front of his cell. After being called to attention by the arrival of the Duty Brig Supervisor, he was told to sit on his bed, and finally, ten minutes later a guard brought his clothes back. Apparently he is in for the same treatment tonight.
http://www.armycourtmartialdefense.info/
or search: David CoombsBradley Manning
Meanwhile, Geoff Morell, the Pentagon Press Secretary (same link) had earlier answered reporters direct questions as to whether he, Geoff Morell, had actually visited Bradley Manning - 'You yourself have visited him ?' 'You have seen him in person?' - by actually describing his visit to the brig where Bradley is being held. In fact he has NEVER visited Bradley or been in contact with him in any way......and one might be forced to conclude that to give clear indications that he has actually visited him (and therefore witnessed his conditions and been able to bear witness to his well-being) is to be duplicitous and misleading.
Geoff Morell has furthermore stated that Bradley Manning 'has been exemplary in terms of his behaviour on the cell block'
I would submit that the above gives a clue as to which of the parties' should have our respect here.
The authorities have demonstrated over and over again in this case just how compromised their integrity is.
PLEASE SIGN;
http://www.change.org/petitions/tell-the-us-government-we-dont-support-prosecution-or-the-death-penalty-for-pfc-bradley-manning#?opt_new=t&opt_fb=t
and PHONE THE WHITE HOUSE COMMENTS LINE: 001 202 456 1111 to complain or EMAIL
DONT LET THEM GET AWAY WITH THIS - your voice counts whether you speak or stay silent
4 March 2011 1:50AM
If he is charged with aiding the enemy for informing 'us', then that makes us the enemy.
4 March 2011 2:21AM
I'm curious. Does British law allow British subjects (citizens?) to serve in another nation's armed forces and maintain British citizenship?
4 March 2011 8:51AM
@aleatico
Indeed it does. It's actually quite hard to lose British nationality, unless you decide to become the citizen of somewhere else and go through their naturalisation procedures.
Bradley Manning has been a UK/US dual citizen from birth and remains so. This means the UK Government has a responsibility to make noises about the appalling, degrading treatment he is receiving at the Quantico brig. Now that Bradley is facing a capital charge, they have the "special humanitarian reason" they require in order to make representations to the United States.
If what is happening to Bradley appals you, the best thing to do is to write to your MP and ask that the UK take an official interest and offer Bradley our consular assistance. If you're *really* angry, write to your MEP too! http://www.theyworkforyou.com is really useful for contact details and the like.
Naomi
UK Friends of Bradley Manning
4 March 2011 8:50PM
I guess they are softening him up until he has a breakdown, or else they only have one washing machine which has broken down and he only has two pairs of unmentionables.
My money is on the use of psychological tactics to isolate him. Making him be naked is dehumanising him. Without interaction with other humans he will feel like he is loosing his personality and he will gradually deteriorate. Does he watch TV or have access to DVD's ? What does he do all day?
I cannot imagine being confined to a white painted windowless cube for 9 months, without music to listen to, or a bookcase of books or TV, or a computer to use. To be on your own day after day, month after month. I think we need to think very carefully before we allow the US to have access to anyone we hold in the UK. Garry McKinnon does not deserve to be subjected to this type of treatment just because he was able to crack the codes to get into a US military computer system, something he did 'just for fun' in this country.