Thursday, March 3, 2011

Alleged WikiLeaker could face death penalty

According to a new report from NBC News, Pfc. Bradley Manning, the soldier who allegedly put the "leaks" in WikiLeaks, could face the death penalty. On Wednesday, the US government filed 22 new charges against Manning, one of which—"aiding the enemy"—is a capital offense. NBC also reports that military prosecutors will likely seek life in prison, and not the death penalty, if Manning is convicted on this charge. Manning would also be dishonorably discharged.

Manning's counsel has a blog post up today with a copy of the statute that could put Manning away for life. Article 104 of the Uniform Code of Military Justice, "Aiding the Enemy-Giving Intelligence to the Enemy," prohibits giving to the enemy, where "intelligence" is defined as information that is "true, at least in part."

It's not yet clear that the Article 104 charge will end up being referred to a court martial. According to the aforementioned blog post, it will be up to an Article 32 Investigating Officer to determine which of the new charges Manning will end up actually facing at trial.

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