The judge, Col. Denise Lind, asked the prosecutors a brief but revealing question: Would you have pressed the same charges if Manning had given the documents not to WikiLeaks but directly to the New York Times?
The prosecutor’s answer was simple: 'Yes Ma'am.' The question was crisp and meaningful, not courtroom banter. The answer, in turn, was dead serious. I should know. I was the expert witness whose prospective testimony they were debating.
That "Yes ma'am," argues Benkler, makes Manning's prosecution "a clear and present danger to journalism in the national security arena." Read the rest.