Additional charges against Private 1st Class Bradley E. Manning

McClatchy NewspapersMarch 2, 2011 

News Release Joint Force Headquarters-National Capital Region and The U.S. Army Military District of Washington

Guardian of the Nation’s Capital

FOR IMMEDIATE RELEASE #11-04 DATE: March 2, 2011

ADDITIONAL CHARGES PREFERRED AGAINST PRIVATE 1st CLASS BRADLEY E. MANNING

FORT LESLEY J. MCNAIR, D.C. – After seven months of investigation by the Army’s Criminal Investigation Division (CID) and other investigative agencies, the U.S. Army has charged Pvt. 1st Class Bradley E. Manning with 22 additional charges.

These charges allege that as a Military Intelligence Analyst, Manning introduced unauthorized software onto government computers to extract classified information, unlawfully downloaded it, improperly stored it, and transmitted the data for public release and use by the enemy.

“The new charges more accurately reflect the broad scope of the crimes that Pvt. 1st Class Manning is accused of committing,” said Capt. John Haberland, a legal spokesperson for the Military District of Washington. “The new charges will not affect Pvt. 1st Class Manning’s right to a speedy trial or his pre-trial confinement,” he added.

On March 1, 2011, the commander, U.S. Army Headquarters Command Battalion, preferred the following specific charges:

• Aiding the enemy in violation of Article 104, Uniformed Code of Military Justice (UCMJ)

• 16 Specifications under Article 134, UCMJ:

o Wrongfully causing intelligence to be published on the internet knowing that it will be accessed by the enemy (One Specification)

o Theft of Public Property or Records, in violation of 18 United States Code (U.S.C.) 641 (Five Specifications)

o Transmitting Defense Information, in violation of 18 U.S.C. 793(e) (Eight Specifications)

o Fraud and Related Activity in Connection with Computers in violation of 18 U.S.C. 1030(a)(1) (Two Specifications)

• Five specifications in violation of Article 92, UCMJ, for violating Army Regulations 25-2 “Information Assurance” and 380-5 “Department of the Army Information Security Program.”

The charge of aiding the enemy under Article 104 is a capital offense; however, the prosecution team for the United States has notified the defense that the prosecution will not recommend the death penalty to the Convening Authority, Maj. Gen. Karl R. Horst, commanding general, The Military District of Washington.

Under the UCMJ, the Convening Authority ultimately decides what charges to refer to court-martial, and whether to seek the death penalty if Article 104 is referred. Therefore, if convicted of all charges, Pvt. 1st Class Manning would face a maximum punishment of reduction to the lowest enlisted pay grade, E-1; total forfeiture of all pay and allowances; confinement for life; and a dishonorable discharge.

At the request of Pvt. 1st Class Manning’s defense attorneys, the trial proceedings have been delayed since July 12, 2010, pending the results of a defense requested inquiry into Manning’s mental capacity and responsibility pursuant to Rule for Courts-Martial (R.C.M.) 706. Depending on the results of the R.C.M. 706 board, an Article 32 hearing may follow. An Article 32 hearing is the civilian equivalent of a grand jury, with additional rights afforded to the accused.

Manning remains confined in the Marine Corps Base Quantico Brig in Quantico, Va. He was notified of the additional charges in person during a command visit today. Despite his pretrial confinement, Pvt. 1st Class Bradley Manning is presumed innocent until proven guilty. The U.S. Army and the U.S. Marine Corps are committed to ensuring the continued safety and well-being of Pvt. 1st Class Manning while in pretrial confinement.

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