Army Pvt linked to Afghan War leaks (UPDATED)

[thundley4]

I was thinking some Mohammed tattoos and air dropping him into some al Qaeda stronghold.

[docstew]

I'm sure DAT will weigh in on this with a far better legal perspective than mine, but yeah, I'd say the Army gets first crack at Manning since he's subject to the UCMJ.

But I think it's entirely possible that a DOJ prosecutor or two might augment the military prosecution, which makes the guys' defense a tough row to hoe.

negative.  One of the articles of the UCMJ clearly states that civilian law gets adjudicated first, and sentence is served, prior to any UCMJ action.  Upshot is this kid can be tried for espionage, and if found guilty, do 25 in federal pound-me-in-the-ass prison, then be charged under UCMJ and be sentenced by a panel of senior NCO's and officers to the death he deserves.  If found not guilty of civilian charges, then he can face that panel of senior NCO's and officers 25 years ahead of that schedule.  No double jeopardy because it's a violation of two separate laws.

[Eupher]

Thanks for that update, docstew.

[PatriotGame]

Take a damn' reality pill.  We are not there as overlords, but at the sufferance of the elected Iraqi government we helped stand up.  They'll just ask us to pack our trash and move out long before that approach works, in fact it was failing pretty miserably when we did try that.  From the Iraqi point of view, when your 'Friends' end up killing more of your civilians than your 'Enemies' do, you don't really need those friends any more.

I know, I know...I guess I am just too passionate over this nation's efforts being bastardized at the sake of political correctness.

[PatriotGame]

If his treasonous acts can be link to just ONE death of an informant here in Afghanistan...in my PERSONAL opinion he should get the death penalty.

This is sad...fracking sad. A member of the greatest fighting force on planet earth that has potentially comprised said fighting force, committing nothing short of treason, brings tears to my eyes. I could easily roll out all of the standard
"KILL THE BASTARD!
HANG THE BASTARD!
LIGHT UP THE BASTARD!"

Then I hear that hundreds of graves at Arlington may have bastardized.
At what ends?

Being fat, dumb, stupid and drunk is no way to go through life...for now, it is my only option.

(P.S. if found guilty, I want to see this cock-sucker hang)

[Ptarmigan]

If his treasonous acts can be link to just ONE death of an informant here in Afghanistan...in my PERSONAL opinion he should get the death penalty.

Or American and NATO soldiers and Afghan civilians.

[littlelamb]

I was thinking some Mohammed tattoos and air dropping him into some al Qaeda stronghold.

I like the sound of that

[TheSarge]

This is sad...fracking sad. A member of the greatest fighting force on planet earth that has potentially comprised said fighting force, committing nothing short of treason, brings tears to my eyes. I could easily roll out all of the standard
"KILL THE BASTARD!
HANG THE BASTARD!
LIGHT UP THE BASTARD!"

Then I hear that hundreds of graves at Arlington may have bastardized.
At what ends?

Being fat, dumb, stupid and drunk is no way to go through life...for now, it is my only option.

(P.S. if found guilty, I want to see this cock-sucker hang)

Just as a side note...and to add a touch of irony to this whole thing...Joe Biden was at Ft. Drum to welcome home the 2nd Bde 10th Mountain Division yesterday....the same unit that Pvt. manning is/was assigned to.

[DumbAss Tanker]

negative.  One of the articles of the UCMJ clearly states that civilian law gets adjudicated first, and sentence is served, prior to any UCMJ action.  Upshot is this kid can be tried for espionage, and if found guilty, do 25 in federal pound-me-in-the-ass prison, then be charged under UCMJ and be sentenced by a panel of senior NCO's and officers to the death he deserves.  If found not guilty of civilian charges, then he can face that panel of senior NCO's and officers 25 years ahead of that schedule.  No double jeopardy because it's a violation of two separate laws.

Well, actually the Feds and the military are the same sovereign for double jeopardy purposes, so one or the other gets him but not both.  Generally the DOJ does not take the case away from military jurisdiction for an active duty Soldier.  'Who gets him first' comes up a lot more frequently for crimes against State law, the military usually lets the State have them and if convicted the troop will then generally be administratively discharged with an OTH while in State custody rather than tried by the military on release or while in State detention.  Sometimes there'll be a trial in both the State and court-martial, which is NOT a double jeopardy problem (Different sovereigns), but it's fairly rare.

[NHSparky]

Ya gotta love the fact that he's sitting at Quantico, of all places.

First off, Marines HATE Army doggies.  Second, this traitorous piece of shit?  THERE?  Hell, he might hang himself before the weekend is out.

[docstew]

Well, actually the Feds and the military are the same sovereign for double jeopardy purposes, so one or the other gets him but not both.  Generally the DOJ does not take the case away from military jurisdiction for an active duty Soldier.  'Who gets him first' comes up a lot more frequently for crimes against State law, the military usually lets the State have them and if convicted the troop will then generally be administratively discharged with an OTH while in State custody rather than tried by the military on release or while in State detention.  Sometimes there'll be a trial in both the State and court-martial, which is NOT a double jeopardy problem (Different sovereigns), but it's fairly rare.

Wouldn't the Feds be able to charge him with espionage or unauthorized release of classified material, while the Army charged him with Art 90, Willfully Disobeying a Superior Commissioned Officer?  I'm sure at some point he was told by an officer of his chain that he was not to release secret info to anyone without authorization, and that's a capital offense.  Would they be able to make that stick?  (this is academic, I know that you're right about DOJ not taking the case away from the mil, well unless I put my tinfoil hat on)

[tinfoil hat mode]DOJ takes the case, intentionally screws the pooch, and the charges end up being dropped with prejudice.  If the Army can't come up with any separate charges that stick, he gets away scot free[/tinfoil hat mode]

[NHSparky]

Doc,

Anything he did would be under Art. 92 at the very least, if not Article 106 (a) (Espionage).

[docstew]

couple reasons I picked Art 90: 1) it's not espionage, which is what I'm assuming he would be charged with federally, 2) it carries the death penalty that he deserves.

[NHSparky]

couple reasons I picked Art 90: 1) it's not espionage, which is what I'm assuming he would be charged with federally, 2) it carries the death penalty that he deserves.

So does Espionage.  A little result of the Walker/Whitworth spy ring.

[Thor]

Unauthorized Disclosure of classified documents is subject to a $250,000.00 fine and up to 10 years in prison. (At least that's what the paper I signed said when I retired.)

Looks like several could apply:

Art 77
Art 92
Art  106 and 106a
Art 108
Art 118 (to be determined at this point)
Art 119 (to be determined at this point)
Art 121
Art 132
and finally, Art 134

It all depends on just how much the military wants to charge him with and whether or not he has caused or causes any deaths due to his actions.

http://usmilitary.about.com/od/justicelawlegislation/l/blucmj.htm

I'm sure that there's someone on here that can explain to us EXACTLY what he can be charged with.

[PatriotGame]

Ya gotta love the fact that he's sitting at Quantico, of all places.

First off, Marines HATE Army doggies.  Second, this traitorous piece of shit?  THERE?  Hell, he might hang himself before the weekend is out.

Yummy...

[Airwolf]

Just as a side note...and to add a touch of irony to this whole thing...Joe Biden was at Ft. Drum to welcome home the 2nd Bde 10th Mountain Division yesterday....the same unit that Pvt. manning is/was assigned to.

I was there when the unit started at Ft Drum back in the late 80's

[littlelamb]

Ya gotta love the fact that he's sitting at Quantico, of all places.

First off, Marines HATE Army doggies.  Second, this traitorous piece of shit?  THERE?  Hell, he might hang himself before the weekend is out.

He better not drop the soap in the shower he may get a unexpected suprise in there

[DumbAss Tanker]

Ya gotta love the fact that he's sitting at Quantico, of all places.

First off, Marines HATE Army doggies.  Second, this traitorous piece of shit?  THERE?  Hell, he might hang himself before the weekend is out.

The brig at Q is the DOD regional confinement facility, I expect he's in pretrial confinement or something that's as near to it as you can get.

[DumbAss Tanker]

!!! He's a poufter, and DU is wonders about the effect on DADT !!!

http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/7918632/Bradley-Manning-suspected-source-of-Wikileaks-documents-raged-on-his-Facebook-page.html

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=4486979&mesg_id=4487134

 

[Eupher]

He better not drop the soap in the shower he may get a unexpected suprise in there

In light of DAT's post just above, there's no way in hell the brig is going to put him in with any other prisoners under ANY circumstances - shower or otherwise. Apparently, the peter-puffer is on suicide watch.

[DumbAss Tanker]

The link to the Telegraph has a picture of him at a gay pride parade.  Apparently he had some issues with the break-up of a 'Relationship' going on.

http://www.telegraph.co.uk/news/worldnews/asia/afghanistan/7918632/Bradley-Manning-suspected-source-of-Wikileaks-documents-raged-on-his-Facebook-page.html

 

The DU post to which I linked was concerned that this would play into the 'Stereotype' of mentally-unstable homosexuals in sensitive jobs, derailing the end of DADT.  Ya think?

The US press has, of course, done its best to stonewall the entire matter of his sexual orientation, let alone discuss any implications of it to the breach in the first place.

Apparently the facts don't fit the MSM agenda here.  It's....An Inconvenient Truth!

 

[Zathras]

Unauthorized Disclosure of classified documents is subject to a $250,000.00 fine and up to 10 years in prison. (At least that's what the paper I signed said when I retired.)

Looks like several could apply:

Art 77
Art 92
Art  106 and 106a
Art 108
Art 118 (to be determined at this point)
Art 119 (to be determined at this point)
Art 121
Art 132
and finally, Art 134

It all depends on just how much the military wants to charge him with and whether or not he has caused or causes any deaths due to his actions.

http://usmilitary.about.com/od/justicelawlegislation/l/blucmj.htm

I'm sure that there's someone on here that can explain to us EXACTLY what he can be charged with.

I would think that Article 104 section 2 might apply as well:

ART. 104. AIDING THE ENEMY 
 
Any person who--

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;

shall suffer death or such other punishment as a court-martial or military commission may direct.

[Airwolf]

If he gets more then 1o years we should all be happy considering who';s the CIC and how many people he's tossed under the campain bus.

[NHSparky]

Notice that since this whole story broke, the whole DADT repeal thing has just kinda quietly slipped away?