The U.S. Army announced yesterday that it has filed 22 additional charges against Bradley Manning. The most serious new charge is for “aiding the enemy,” a capital offense under Article 104 of the Uniform Code of Military Justice. Although military prosecutors stated that they intend to seek life imprisonment rather than the death penalty for this alleged crime, the military tribunal is still empowered to sentence Manning to death if convicted.
Jane Hamsher of FireDogLake.com and Pfc. Bradley Manning’s friend David House explain that Manning has been treated unfairly since being accused of giving documents to WikiLeaks founder Julian Assange.
Democracy Now! interviews Glenn Greenwald, constitutional law attorney and legal blogger for Salon.com. “Although the charging document does not say who the ‘enemy is,’ there’s only two possibilities,” Greenwald says. “Either they mean Wikileaks … or any kind of leak now of classified information to newspapers where your intent is not to aid the Taliban, but expose wrongdoing.”
Yale Law School’s Eugene Fidell discusses the charges against Bradley Manning. He notes that the charges don’t specify who the “enemy” is in the “aiding the enemy” charge nor does if identify the “means” that information was allegedly passed from Manning to the “enemy.”
AIDING THE ENEMY—GIVING INTELLIGENCE TO THE ENEMY (ARTICLE 104)
(1) That (state the time and place alleged), the accused, without proper authority, knowingly gave intelligence information to (a) certain person(s), namely: (state the name or description of the enemy alleged to have received the intelligence information);
(2) That the accused did so by (state the manner alleged);
(3) That (state the name or description of the enemy alleged to have received the intelligence information) was an enemy; and
(4) That this intelligence information was true, at least in part.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
“Intelligence” means any helpful information, given to and received by the enemy, which is true, at least in part.
“Enemy” includes (not only) organized opposing forces in time of war, (but also any other hostile body that our forces may be opposing) (such as a rebellious mob or a band of renegades) (and includes civilians as well as members of military organizations). (“Enemy” is not restricted to the enemy government or its armed forces. All the citizens of one belligerent are enemies of the government and the citizens of the other.)
Last night, PFC Manning was inexplicably stripped of all clothing by the Quantico Brig. He remained in his cell, naked, for the next seven hours. At 5:00 a.m., the Brig sounded the wake-up call for the detainees. At this point, PFC Manning was forced to stand naked at the front of his cell.
The Duty Brig Supervisor (DBS) arrived shortly after 5:00 a.m. When he arrived, PFC Manning was called to attention. The DBS walked through the facility to conduct his detainee count. Afterwards, PFC Manning was told to sit on his bed. About ten minutes later, a guard came to his cell to return his clothing.
This type of degrading treatment is inexcusable and without justification. It is an embarrassment to our military justice system and should not be tolerated. PFC Manning has been told that the same thing will happen to him again tonight. No other detainee at the Brig is forced to endure this type of isolation and humiliation.
First Lt. Brian Villiard, a Marine spokesman, said a brig duty supervisor had ordered Private Manning’s clothing taken from him. He said that the step was “not punitive” and that it was in accordance with brig rules, but he said that he was not allowed to say more.
“It would be inappropriate for me to explain it,” Lieutenant Villiard said. “I can confirm that it did happen, but I can’t explain it to you without violating the detainee’s privacy.