A military judge on Tuesday rejected the Obama administration's quest
to equate the unlawful disclosure of documents with aid to America's
mortal enemies, including al Qaeda, in a ruling that acquitted Private
First Class Bradley Manning of the gravest criminal charge he faced.
But Pfc. Manning was convicted of a long list of other crimes,
including theft of government property and violations of the Espionage
Act, and faces a potential prison sentence far longer than any yet
given for leak-related crimes.
The outcome of the high-profile case, coming more than three years
after Pfc. Manning was arrested at a military base in Iraq for leaking
thousands of secret documents and videos to the WikiLeaks website, was
decidedly mixed for both the defendant and his prosecutors.
It showed that prosecutors had a strong case against Pfc. Manning for
taking and leaking government secrets, experts said, but that the
government may have overreached by taking the added step of
attributing his actions to an intent to harm the U.S. by aiding its
enemies.
"The judge reined in a clearly overzealous prosecution," said Mary
Rose Papandrea, a Boston College Law professor.
Nevertheless, the verdict gave the Obama administration a key first
success in a leak prosecution that relied on World War I-era laws
adopted to counter espionage. Several other cases relying on similar
charges are pending, and experts on law and civil liberties expect the
campaign against leaks to intensify.
"Whether the purpose is to inform the public or aid the enemy, the
message we have been getting is that the government is going to go
after you with everything they have," said Ms. Papandrea.
Pfc. Manning, facing 22 charges, pleaded guilty earlier this year to
lesser counts against him. With Tuesday's conviction, he could be
facing 136 years in prison under the maximum possible sentencing.
The trial now moves into a potentially lengthy sentencing phase
beginning Wednesday. As in all court-martial cases, the defendant is
entitled to an automatic appeal to the Army Court of Criminal Appeals.
A lot of Manning supporters are breathing a sigh of relief that he was
not convicted on the aiding-the-enemy charge, but it is important not
to lose sight that this is really unprecedented that someone could go
to jail for his life for disclosing information to the media," said
Elizabeth Goitein, a legal expert and co-director of the Liberty and
National Security Program at the Brennan Center for Justice.
The presiding judge, Col. Denise Lind, asked Pfc. Manning to stand
Tuesday as she announced her verdict. Pfc. Manning appeared calm and
briefly gave a restrained smile when she announced her ruling on the
charge of aiding the enemy.
The judge went on to announce convictions on charge after charge
related to taking information from government databases, bypassing
security mechanisms and using classified information for other than
its intended purpose.
Several analysts said Col. Lind's verdict on aiding the enemy could
ease public perceptions of Pfc. Manning. "It does take away the stigma
you are a traitor, that somehow you are aiding the enemies of your
country if you leak document," said Fred Cate, a professor of law at
Indiana University.
But with a long sentence likely, others said it was unlikely in time
to be seen as a victory for Pfc. Manning. "It is a little less mixed
than it might seem. They still have him on so many counts he is
looking at decades in prison," said Jim Lewis of the nonpartisan
Center for Strategic and International Studies.
The Manning verdict holds potential implications for the case of
former National Security Agency contractor Edward Snowden, who is
still at a Moscow airport while seeking asylum after leaking details
of U.S. surveillance programs. Mr. Snowden faces criminal charges of
stealing and passing secret information, and is trying to avoid
returning to face trial in the
U.S., claiming he would be subject to possible torture or execution,
which U.S. officials have explicitly denied.
Though legal experts said there is no direct technical precedent for a
military verdict influencing a civilian prosecution, they said Col.
Lind's reasoning could well influence civilian prosecutors.
The administration's loss on the aiding-the-enemy charge in the
Manning case may mean it is less likely to level a similar charge
against Mr. Snowden, experts said. But with the fate of Mr. Snowden,
who remains in Moscow, resting in the hands of the Russian government,
there is unlikely to be a major immediate effect on Mr. Snowden.
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