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August 12, 2013

Manning’s Defense to Open Sentencing Case

Associated Press

August 12, 2013

FORT MEADE, Md. — Army Pfc. Bradley Manning’s defense team is opening its case at the soldier’s sentencing hearing.

Defense attorney David Coombs says he expects to call the first of more than a dozen...

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Sketches from the Trial of Bradley Manning By Molly Crabapple On Tuesday, I sat in a Fort Meade courtroom, waiting to hear if Bradley Manning would be found guilty of treason. Bradley Manning’s trial (like those of hacktivist Jeremy Hammond, or Anonymous-affiliated journalist Barrett Brown) is a trial of modernity. It shows the old world lashing out against an increasingly uncontrollable future. I was there because I know which side I’m on ... (Cont'd) Source: http://www.theparisreview.org/blog/2013/08/05/sketches-from-the-trial-of-bradley-manning/

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BRADLEY MANNING SUPPORT NETWORK UPDATE 8/10/13: Defense begins sentencing arguments on Monday August 12, 2013. Bradley Manning may take stand Wednesday, August 14, 2013. The prosecution’s sentencing arguments have come to a close and the defense will begin Monday. Sentencing could occur as soon as Friday, August 16, and the Guardian reports that Bradley Manning may take the stand on Wednesday: Manning’s defense team will begin presenting evidence on Monday in the court-martial at Fort Meade, near Baltimore. The defense attorney David Coombs said Manning will give a statement before the defense rests on Wednesday. (Cont'd) Source: http://www.bradleymanning.org/press/update-81013-defense-begins-sentencing-arguments-on-mon-bradley-may-take-stand-wed

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“A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.” -John F. Kennedy

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"It may be that by shutting down the service, he (LavaBit’s owner Ladar Levison) can’t comply, and so it’s doubtful he would be held in contempt,” Gidari said. But “shutting down the service could be viewed as obstruction of justice, so he isn’t necessarily out of the woods yet.”

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BRADLEY MANNING ACCUSED OF 'AIDING THE ENEMY', THE COMMON CITIZEN IS THE ENEMY!?

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BRADLEY MANNING, THE NUREMBERG CHARTER AND REFUSING TO COLLABORATE WITH WAR CRIMES Pt 3 Of 4 'JAY: But it's not just wrong, 'cause it's more than just wrong. PRASHAD: It's illegal. JAY: Yes,-- PRASHAD: It's illegal. JAY: --'cause when Manning sees the video of the helicopter gunning down essentially unarmed people and then shooting this van that comes up afterward to help these people, that's a war crime. More than that, it's a war crime within a war where the whole war itself is a war crime because it's illegal. And he has a legal obligation to do what he can to go against that. And I wish that had been his defense, and it wasn't, but I wish they'd used Nuremberg as his defense, because then it would have put the war on trial.' (cont'd) Source: http://therealnews.com/t2/index.php?option=com_content&task=view&id=1480&Itemid=74&jumival=10555

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“We Must Be Free Not Because We claiim Freeedom, But Because We Practice It.” ― William Faulkner

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Submission from Moiz Bradley Manning

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US v. PFC. BRADLEY MANNING: Breakdown on the Imminent Verdict Pfc. Bradley Manning is charged with 22 offenses under the Uniform Code of Military Justice. He pled to 10 lesser included offenses and currently faces up to 20 years. Manning will face life plus 154 years in a military prison if convicted on the prosecution's case. The presiding military judge, Col. Denise Lind, will announce her findings on Manning's guilt or innocence at 1:00 p.m. EST on Tuesday, July 30 31. Below is a breakdown on how the judge could rule on the verdict. Unlike a federal criminal trial, where sentencing occurs after the creation of a pre-sentencing report, if Manning is convicted of any of the charges, a sentencing case will commence immediately. During the sentencing case, both defense and the prosecution will present evidence, call witnesses, and make arguments about appropriate punishment. The maximum sentences for the charged offenses are outlined in the Manual for Courts-Martial and Lind's previous court rulings. Since the court ruled that motive and actual damage (or 'lack of damage') evidence was not relevant at trial (except to prove circumstantially that Manning was cognizant of the fact that the enemy used the WikiLeaks website), evidence of Manning's intent and the impact of the leaks will finally be heard by the court at sentencing. It remains to be seen, however, how much of the sentencing phase of this trial will be open to the public, since the government is expected to elicit testimony from these 13 classified sentencing witnesses in closed sessions or in classified stipulations. For more information on 13 closed sentencing witnesses go, here. For more information on the three classified damage assessments that will be used during sentencing, go here. The Charges Military prosecutors charged Private First Class Bradley Manning on March 1, 2011 with violating three Articles of the Uniform Code of Military Justice (U.C.M.J): Charge I: 'Aiding the Enemy' under Article 104 Charge II: 16 separate offenses under General Article 134 Charge III: 5 offenses of Article 92 'Failure to obey order or regulation' The 16 separate offenses under Charge II General Article 134 include: 1 specification for 'Wanton Publication of Intelligence on the Internet' 8 specification of the Espionage Act-- 18 U.S.C. 793(e) 2 specification of the Computer Fraud and Abuse Act-- 18 U.S.C. 1030(a)(1) 5 specification of 'Stealing U.S. Government Property'-- 18 U.S.C. 641 The five separate offenses of Charge III Article 92 or a 'failure to obey order or regulation' include: attempting to bypass a network of information security system mechanism adding unauthorized software to a Secret Internet Protocol Router Network on two separate occasions using an information system in a manner other than its intended purpose wrongfully storing classified information GUILTY OR INNOCENT 'AIDING THE ENEMY' Manning could be found guilty or innocent of aiding the enemy. If he is found guilty, he faces life in prison. 'WANTON PUBLICATION' Manning could be found guilty or innocent of "Wanton Publication of Intelligence". If he is found guilty, he faces up to two years in prison. 'ESPIONAGE' Manning pled guilty to seven lesser included offenses of the Espionage Act for "unauthorized possession" and "willful communication" of: an unclassified video of a 7 July 2007 Apache air strike known as Collateral Murder 2 classified CIA Red Cell Memos more than 25 classified records from the Iraq War Logs more than 25 classified records from the Afghan War Diary more than three classified records from the GTMO Files 5 classified records pertaining to the Garani air strike in May 2009, and a United States Army Counterintelligence Center 2008 Report on WikiLeaks Manning pled not guilty to an eighth violation of the Espionage Act for an unclassified video of a May 2009 U.S. bombing in the Farah Province of Afghanistan, known as the Garani video. Manning could be found guilty of the greater offense for the eight Espionage Act charges. If convicted on the greater offense, the maximum punishment of 10 years each. Manning is not likely to be found innocent for the seven offenses that he pled to a lesser included offense for. NB Despite Manning's plea, Lind must still "find" Manning guilty for each crime. The maximum punishment for each lesser included offense for "unauthorized possession" and "willful communication" is 2 years. So, he is already exposed to 14 years for his LIO plea for seven Espionage Act charges. Manning pled not guilty to the eighth offense under the Espionage Act for the Garani video. So, Manning still could be found innocent, guilty of the greater offense, or guilty of the lesser included offense for the "unauthorized possession" and "willful communication" of the Garani video. See more on the Garani airstrike, here. Manning could also be found guilty of "attempt", which is a lesser included offense of each of the eight Espionage Act charges. 'COMPUTER FRUAD AND ABUSE ACT' Manning also pled guilty to the lesser included offense of two charges under the Computer Fraud and Abuse Act for 'knowingly accessing' and 'willfully communicating' 117 U.S. Department of State Cables. He is exposed to four years on his LIO plea. Military prosecutors accepted Manning's plea to the lesser included offense for "knowingly accessing" and "willfully communicating" a State Department cable known as Reykjavik 13. Military prosecutors moved forward on the greater offense, despite Manning's plea, for "exceeding authorized access" for 116 diplomatic cables. Manning could be found guilty of the greater offense or guilty on his plea to the lesser included offense. He will not likely be found innocent for the two charges under the Computer Fraud and Abuse Act, because of his plea to LIO. If convicted of the greater offense for the 117 diplomatic cables, he faces up to 10 years in prison. If found guilty of his plea to the lesser included offense, he could face up to two years in prison. He can also be found guilty of the lesser included offense of attempt for the 117 diplomatic cables. STEALING USG PROPERTY Manning pled not guilty to "stealing, purloining, or knowingly converting" five government databases containing records for the Iraq War Logs, the Afghan War Diary, the GTMO Files, Cablegate, and the Global Email Address List from the U.S. Forces- Iraq SharePoint Exchange Server. Manning could be found innocent or guilty of each of the five offense as charged. He would face up to ten years if convicted on the greater offense for each databases (Iraq War Logs, the Afghan War Diary, the GTMO Files, NetCentric Diplomacy, and the Global email Address List). Manning could also be found guilty on a lesser included offense for attempt or if military prosecutors fail to establish the value of each of the five databases at more than $1000. NB If convicted of the lesser included offense for "stealing, purloining, or knowingly converting" the Department of State NetCentric Diplomacy database, Manning faces five years maximum punishment, because it is a non-military database. 'AMENDED CHARGE SHEET' In a recent controversial legal maneuver, Lind ruled military prosecutors could change the charge sheet after both defense and the prosecution had rested their cases-- nineteen months into the proceedings, on July 24. Military prosecutors conceded after the close of evidence at trial that Manning did not steal the entire database for three charge offenses of stealing the CIDNE-Iraq (Iraq War Logs) and the CIDNE-Afghanistan (Afghan War Diary) databases and the US Forces-Iraq Microsoft Outlook Global Address List. The Court ruled the databases were equivalent to the records contained within them. Defense has moved the Court to reconsider its ruling. The judge is expected to rule on the defense motion for reconsideration prior to announcing her verdict. 'FAILURE TO OBEY A LAWFUL GENERAL REGULATION' Manning pled guilty to one of five offenses charged under Article 92 for a failure to obey a lawful general regulation" for wrongfully storing classified information. He is not likely to be found innocent on his plea to that offense, and faces up to two years. Manning could also be found innocent or guilty of four other offenses under Article 92, and could be convicted of up to two years for each offense he is found guilty of. Source: http://www.alexaobrien.com/secondsight/wikileaks/bradley_manning/us_v_pfc_manning_break_down_on_the_imminent_verditc.html via @carwinb on twitter

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I AM BRADLEY MANNING It's time to stop the war on whistle-blowers. iam.bradleymanning.org | #iambradleymanning Appearances: Maggie Gyllenhaal Roger Waters Oliver Stone Daniel Ellsberg Phil Donahue Michael Ratner Alice Walker Tom Morello Matt Taibbi Peter Sarsgaard Angela Davis Moby Molly Crabapple Tim DeChristopher LT Dan Choi Bishop George Packard Russell Brand Allan Nairn Chris Hedges Wallace Shawn Adhaf Soueif Josh Stieber Michael Ratner This work was produced by independent volunteers in collaboration with the Bradley Manning Support Network. --- Music via creative commons attribution license: "I dunno" by Grapes - http://youtube.com/user/smokegrapes/ "The Complex" by Kevin Macleod - http://incompetech.com

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“Wars Damage the Civilian Society as Much as They Damage the Enemy. Soldiers Never Get Over It.” ― Paul Fussell

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After Manning's Defense Closing Arguments at Fort Meade, there will be a large rally in Fort McNair DC! Pardon him! Act For Bradley! Free Bradley Manning!

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BRADLEY MANNING TRIAL JUDGE INCREASED PRESS SECURITY "BECAUSE OF REPEAT VIOLATIONS OF THE RULES OF COURT” Huffington Post reporter Matt Sledge read my Boing Boing post earlier today about reports from the Bradley Manning trial of dramatically-increased security measures for press. Those measures including armed military p olice standing behind journalists at their laptops, snooping on their screens. He reports that the new, oppressive security measures were ordered directly by the judge because reporters were violating court rules (which no one can find a copy of), and carrying "prohibited electronics." For this, the government needs armed military police standing right behind reporters as they type, in the media room. Continued at http://boingboing.net/2013/07/25/bradley-manning-trial-judge-in.html Art by Clark Stoeckley (twitter: @wikileakstruck). Col. Denise Lind, the Judge in the Bradley Manning military trial.

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Trigg • Joan & Lou Truskoff • Matt Turnbull • Madeleine Turner • Sandra Turner • Brian Tvedt • Bill Twist • Eric Uhden • US Peace Council • Rich Uspel • Yorick Van Wageningen • Debra Van Poolen • Mary Van Valkenburg • Martijn Vermolen • William Visscher • Rodney Voelker • Steven Vogue • Demetra Vounas • Stuart Waldman • Elizabeth Waldron, M.D. • Beth Gelatt Wallace • Anne Walsh • Steve Wang • Stan Warford • Steve Waters • Dr. Kathleen Wayland • Terry Weber • Christoph Weber-Fahr • Michael Wehle • Mark Weller • Christopher Wells • Opal Westersea • Rose Marie Whalley • Meredith Rachel Whittaker • Anne Widmark • Ward Carleton Williams • Mark Maurice Williams • Marie Sheppard Williams • Susan K. Willis • Gregory Wilpert • Rich Wilson • Owen Wiltshire • Jeanne Winner • Mike Wong • Kathy Wooten • Jeff Workman • Prof. Paul Wortman • Joel E. Wright, Ph.D. • Conrad & Betty Wurtz • Iso Wyrsch • Sheila Wyse • Carroll & George Yandell • D. Kent Yates • Kevin Zeese • Janet D. Zimmerman • Adrian Zupp • Ray McGovern, retired CIA officer • Tom Morello • Graham Nash • Conor Oberst • Alice Walker • S. Brian Willson • Colonel Ann Wright, U.S. Army (retired) In a time when we needed the truth, a young U.S. Army private became our champion for openness and responsibility. An Intelligence Analyst, Bradley Manning had access to some of America’s dirtiest secrets, such as U.S. support for Iraqi torture, and Journalists used these documents to uncover many startling truths. We learned... • how Donald Rumsfeld and General Petraeus built their careers by supporting torture in Iraq. • how deliberate civilian killings by U.S. forces in Iraq and Afghanistan went unpunished, and that thousands of civilian casualties were never acknowledged. • most Guantanamo detainees were innocent. has accepted responsibility for releasing these documents and mishandling classified information. Alone, these charges could send him to prison for 20 years. Yet the Government argues for life in prison, declaring that he sought to indirectly aid our enemies with a new “open-source” espionage. We await military judge Colonel Denise Lind’s ruling as to what sentence Bradley Manning will receive in her Fort Meade, Maryland courtroom a few days from now. As PFC Manning has been imprisoned for over three years, and subjected to brutal conditions at Marine Base Quantico, Virginia We will not relent until this American hero is free. a video exposing American troops shooting children, civilians, and journalists from an Apache helicopter over Baghdad. Bradley Manning acted on his conscience, with selfless courage and conviction, and gave these secrets to us, the American public. No proof that any lives were endangered, or that any person was even harmed, was presented by the prosecution. Help us continue to pay for 100% of Bradley Manning’s legal fees, including appeals if needed—in addition to grassroots education efforts. “I believed that if the general public... had access to the information contained within the [Iraq and Afghan War Logs] this could spark a domestic debate on the role of the a vast, unwarranted, and fundamentally unconstitutional program of Internet and phone surveillance on every U.S. citizen is being conducted by 484 Lake Park Ave #41, Oakland CA 94610 Facebook & Twitter: savebradley Phone: 510-488-3559 We stand with WikiLeaks whistle-blower U.S. Army PFC Bradley Manning We are American military veterans, artists, journalists, educators, homemakers, lawyers, and citizens. We live in red states and in blue states, in communities urban and rural. We ask you to consider the facts, and join us in declaring: the National Security Agency. Edward Snowden fled his home explaining that he feared the type of extreme punishment that Bradley Manning has already endured in military pre-trial confinement. for nine of those months, the only remotely reasonable sentence would be time-served. Enough is enough. Free Bradley Manning now. We call on Major General Jeffrey Buchanan to use his ability as Convening Authority of these proceedings to reduce any sentence handed down by Judge Lind in order to free Bradley Manning without delay. In a time of endless war and economic distress, a cloud of government secrecy has eclipsed our republic. We are told that these secrets military and our foreign policy in general as well as it related to Iraq and Afghanistan,” recently explained PFC Bradley Manning to the military court. We put forward this letter to advance the public debate, as Bradley Manning intended— to further transparency and accountability in government. We dedicate ourselves to following Bradley Manning’s example to expose the truth, even when inconvenient to do so. To promote openness in our government, so that it can be evaluated and improved. Finally, we call on President Barack Obama to pardon PFC Bradley Manning. This 25-year-old, openly gay soldier from Oklahoma does not deserve to spend one more day in prison for informing the public of our government’s policies. Bradley Manning believed you, Mr. President, when you came into office promising the most transparent administration in history, and that you would protect whistle- blowers. Now would be a good time to start upholding that pledged transparency, beginning with PFC Manning. are necessary, that they save American lives, and we are told the growing National Security state is beyond question. More secrecy does not make us secure when it allows leaders and politicians to avoid accountability. We’ve learned these secrets also conceal crimes: torture, illegal surveillance, and corruption— all committed in our name. “I wanted the American public to know that not everyone in Iraq and Afghanistan were targets that needed Nominated for the Nobel Peace Prize three years in a row, Bradley Manning is a whistle-blower in every sense of the term. He exposed secret crimes and malfeasance for the public good, and took nothing in return. Bradley Manning to be neutralized, but rather people who were struggling to live in the pressure cooker environment of what we call asymmetric warfare,” PFC Manning added. To believe, passionately, in the power of real democracy. For his service on behalf of an informed democracy, Bradley Manning faces life in prison. Prosecutors accuse him of “Aiding the Enemy” for providing WikiLeaks with this information, but acknowledged that they would have done the same if he had given the documents to The New York Times. Tax-deductible donations to the Bradley Manning defense fund payable to: Courage to Resist / AFGJ A new whistle-blower, Edward Snowden, has stepped forward since Bradley Manning’s trial began last month. He revealed that Mail to: Bradley Manning Support Network c/o Courage to Resist To learn more, follow daily developments in the case, and to contribute to the defense fund online, please visit: www.bradleymanning.org

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“Be faithful to that which exists within yourself.” ― André Gide