In a courtroom at Fort Meade on Wednesday, August 21, at 10am Eastern time, Judge Army. Col. Denise Lind will deliver the sentence in Bradley Manning's court-martial. The 25-year-old former intelligence analyst is charged with sharing more than 700,000 secret government documents with Julian Assange and Wikileaks. The transparency organization published those documents online, and shared them with news organizations.
Manning faces up to 90 years in prison, and will receive credit for 3.5 years already served in custody, some in solitary confinement. No minimum sentence applies; Judge Lind convicted him last month of most charges brought against him by the government, including 6 violations of the US Espionage Act of 1917.
Here is the latest transcript of court proceedings [PDF], captured by stenographers who were crowdfunded and hired by Freedom of the Press Foundation.
Manning's attorney will give a press conference after the sentence delivery. Follow this Twitter list, for updates from reporters who are there at the Fort Meade media operations center.
One of those reporters, Adam Klasfeld of Courthouse News, wrote an important piece today about the kind of treatment Manning is likely to receive in military prison as a transgender person. Read the rest
The Guardian's editor-in-chief, Alan Rusbridger, explains that he is now forced to work on stories about the US National Security Administration from New York City, because UK intelligence officials went into the Guardian's headquarters and destroyed hard drives that had copies of some of documents leaked by former NSA contractor Edward Snowden. Read the rest
Yesterday at Fort Meade, Maryland, Pfc. Bradley Manning spoke in his defense in the sentencing phase of his court-martial. Col. Denise Lind, the judge in this trial, may determine that Manning must be sentenced to up to 90 years in prison for leaking government documents to Julian Assange and Wikileaks. In his statement before the court, Manning apologized for the "hurt" he inflicted on the United States, and referenced the gender identity issues that triggered a personal crisis in Iraq. Snip from his unsworn testimony:
First your Honor. I want to start off with an apology. I am sorry. I am sorry that my actions hurt people. I am sorry that it hurt the United States. At the time of my decisions, as you know, I was dealing with a lot of issues-- issues that are ongoing and they are continuing to affect me.
Although they have caused me considerable difficulty in my life, these issues are not an excuse for my actions. I understood what I was doing and the decisions I made. However, I did not truly appreciate the broader effects of my actions. Those effects are clearer to me now through both self-reflection during my confinement in its various forms and through the merits and sentencing testimony that I have seen here.
Manning's defense is doing what any competent legal team would: trying to convince the judge to reduce the sentence as much as possible.
But Rainey Reitman at Freedom of the Press Foundation argues that while this strategy is understandable, the world should know that the 25 year old former Army intelligence analyst has nothing to apologize for because "The public has benefited tremendously as a result of Manning’s disclosures." Read the rest
We've been following the court-martial of Pfc. Bradley Manning here at Boing Boing, and I have visited the trial periodically to live-blog the proceedings in person. Today is expected to be a significant day at Fort Meade: the 25-year-old former Army intel analyst is expected to make a statement to the court, as Judge Col. Denise Lind weighs the sentence he will receive. Kevin Gosztola, Nathan Fuller, and Alexa O'Brien are among the few reporters/bloggers who have been there daily, for months. Alexa says:
Kevin is liveblogging here, at Firedoglake. I've gathered some of their tweets from the Fort Meade media operations center below, summarizing witnesses' statements and the vibe around the press center (in a word, tense). Look for today's transcripts at the Freedom of the Press Foundation website later today (the court isn't releasing official transcripts, but we've sent stenographers, crowd-funded and permitted by the judge with your help). Here are yesterday's transcripts: morning, afternoon.
One of the big reveals over the last few days of the trial: "My Problem" [PDF] an email Manning sent on Saturday, April 24, 2010 to his then-supervisor, former Master Sgt. Paul Adkins. The message amounted to a confession that Manning was transgender, and felt unable to transition within the military environment in Iraq. Read the rest
Today at the court-martial of Pfc. Bradley Manning, the former intelligence analyst who provided Wikileaks with hundreds of thousands of classified government documents, Former Master Sergeant Paul David Adkins testified. He explained to the court his "deficient response" to several incidents involving Manning which now, in retrospect, are understood to have deserved more attention.
Manning's attorney David Coombs says the defendant will "take the stand" tomorrow, Wednesday August 14. Whether he will do so as a witness or an unsworn statement is not clear.
A few months before the leaks to Julian Assange, Manning sent Adkins an email titled “My Problem,” with an attached photo of Manning dressed in a wig and makeup, presenting as female. Snip from that email written by Bradley Manning to his superior officer, which was presented in court today: Read the rest
The State Department treated Pfc. Bradley Manning's leaks to WikiLeaks as a "very, very serious crisis," an ambassador testified at Ft. Meade Monday, denying reports that he told Congress otherwise two years ago. The words attributed to him then: the cables were "embarrassing but not damaging." Adam Klasfeld of Courthouse News reports from Manning's ongoing court-martial. The defense hopes to reduce prison time with the argument that the leaks caused less damage than the "hacker hysteria" they sparked would suggest. Read the rest
David E. Sanger at the New York Times: "When far too much information gets classified, nothing is really classified. Respect for the system erodes when information readily available in open sources is ostensibly guarded with high-level classification." Read the rest
Dan Froomkin at Columbia Journalism review: "It’s hardly been a secret among national security reporters and civil libertarians that the sort of intelligence activity we’re hearing about via the leaks was long part of the Bush-Cheney surveillance regime, and that the Obama administration picked up the ball and ran with it. The Washington press corps just no longer considered such activities newsworthy." Read the rest
Anthropologist and "nuclear culture" expert Hugh Gusterson has an interesting column in a recent edition of Bulletin of the Atomic Scientists on the nature of national security and secrets. There are many types of secrets, he writes; strict military secrets, and public secrets, denied and yet known by many. The state's greatest rage is often directed at individuals who reveal the latter, like Edward Snowden and Bradley Manning.
American leaders say they will avoid future Mannings and Snowdens by segmenting access to information so that individual analysts cannot avail themselves of so much, and by giving fewer security clearances, especially to employees of contractors such as Booz Allen Hamilton, where Snowden worked. This will not work. Segmentation of access runs counter to the whole point of the latest intelligence strategy, which is fusion of data from disparate sources.
Not all secrets are alike | Bulletin of the Atomic Scientists. Read the rest
On Tuesday, Bradley Manning was acquitted of “aiding the enemy” for leaking 700,000 classified government documents, including a video of an American airstrike in Baghdad that killed 12 civilians, among them two Reuters journalists.
Read the rest
On the Colbert Report, Stephen Colbert nails it on the Bradley Manning verdict: we have met the enemy, and he is us. Read the rest
Update: EFF has retracted this post.
The Electronic Frontier Foundation's Trevor Timm explains a disturbing and overlooked fact about the trial of Bradley Manning; the charge-sheet against him included two separate felonies under the Computer Fraud and Abuse Act, an ancient anti-hacking statute that has been used as a club to threaten security researchers and activists like Aaron Swartz. The CFAA makes it a separate offense to leak classified information using a computer, such that anyone caught doing so can be charged twice: first under the Espionage Act and again under the CFAA.
This gives tremendous and terrible leverage to prosecutors, who come to the negotiating table with double the ammo: "We'll drop the CFAA charges if you plead guilty to the Espionage Act charges" (or vice-versa). The reality is that there's nothing special about using a computer to leak documents -- indeed, these days you'd be hard pressed not to use a computer -- now that photocopiers, fax machines, phones, cameras and even the daily paper are all built out of computers.
Several Congresses have failed to modernize the CFAA, because the DoJ has forcefully argued that the ability to threaten people with decades in jail for simply using computers has given them the leverage to force "bad guys" to plead guilty, rather than getting a day in court.
Read the rest
The sentencing phase in the court-martial of Pfc. Bradley Manning is ongoing at Fort Meade, Maryland. On Tuesday, judge Col. Denise R. Lind found the 25-year-old former Army intelligence analyst guilty of 20 of the 22 charges the government brought against him. Manning was convicted on six counts of violating the 1917 Espionage Act. He was found not guilty of the most serious charge, "aiding the enemy," which carried a possible life sentence--but the guilty charges add up to a potential 136 years in prison. The actual sentence he receives is likely to be shorter, according to military law experts.
I've created a Twitter list of reporters who are at Fort Meade in the media operations center, about a quarter-mile away from the closed courtroom where the proceedings are taking place. Absolutely no laptops, phones, or other communication devices allowed inside court, but back at the media center, press can use laptops to transmit updates when court is not in session (more on restrictions in this previous post). On the Twitter list, I included other central figures in the trial like Manning's attorney, David Coombs, and reporters who aren't there every day but are producing notably reliable reporting on the trial. Read the rest
On Tuesday, Col. Denise Lind, the military judge in Bradley Manning's court-martial, found the former Army intelligence officer guilty of 20 of 22 charges brought by the government against him.
The 25-year-old Oklahoma native was accused of leaking classified information while stationed in Iraq to Julian Assange, who published it at Wikileaks.org and provided news organizations with access. Manning was found not guilty of "aiding the enemy," the most serious charge which carried a possible life sentence, but was found guilty of 6 Espionage Act charges and other offenses that could add up to 136 years of prison time.
Today, at 930am Eastern time, Judge Lind reconvened court at Fort Meade to begin the sentencing phase of the trial. Read the rest
Thanks to Jessica Wu of nma.com.tw for pointing us to this (inevitable) video explainer of yesterday's news in the Bradley Manning trial. I was there, right in the courtroom as the verdict was read, and I can tell you it looked exactly like this. Read the rest
Here is a transcript of today's verdict in the Bradley Manning case, provided by Freedom of the Press Foundation court stenographers: PDF link.
FotPF's Trevor Timm writes that the military court's "decision is a terrible blow to both investigative journalists and the sources they rely on to inform the public."
Our Boing Boing coverage of the verdict is here, and my notes from this morning at Ft. Meade are here. Read the rest
Electronic Frontier Foundation legal director Cindy Cohn has published an original take on the Bradley Manning prosecution at the EFF's blog. In it, she recounts how government prosecutors portrayed the 25 year old former Army intelligence specialist as uniquely menacing because of his knowledge of computers and digital tools. In other words, exploiting the judge's lack of familiarity with technology. Cohn describes this as "Hacker madness."
[T]he decision today continues a trend of government prosecutions that use familiarity with digital tools and knowledge of computers as a scare tactic and a basis for obtaining grossly disproportionate and unfair punishments, strategies enabled by broad, vague laws like the CFAA and the Espionage Act. Let's call this the “hacker madness” strategy. Using it, the prosecution portrays actions taken by someone using a computer as more dangerous or scary than they actually are by highlighting the digital tools used to a nontechnical or even technophobic judge.
Bradley Manning Verdict and the Dangerous “Hacker Madness” Prosecution Strategy [eff.org, via Trevor Timm]
Link: Boing Boing's Bradley Manning trial coverage archives. Read the rest