Sunday, July 21, 2013

PRECEDENT IN MANNING'S TRIAL-THREAT TO JOURNALISM

FROM ALLVOICES


Bradley Manning's trial sets a dangerous precedent—a threat to journalism

Fort Meade : MD : USA | Jul 19, 2013 at 12:54 PM PDT
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Bradley Manning leaves the first day of his trial at Fort Meade, Maryland
Bradley Manning leaves the first day of his trial at Fort Meade, Maryland
Judge rejects dropping 'Aiding the Enemy' charge against Bradley Manning
The biggest leak trial in US history involving army Private Bradley Manning at a military base in Maryland is drawing to a close, but the outcome of the case will have wide ramifications for free speech, especially to journalism, according to reports.

The 25-year-old army Private admits he uploaded more than 700 thousand top-secret diplomatic cables and US military documents to the Wikileaks website.

Manning is facing more than 20 charges and is pleading guilty to 10 lesser counts; the most contentious charge which he denies is that his leaks helped assist terror groups, such as the al-Qaeda. Manning’s defence say, that wasn’t his intention and are working for the charge to be dropped.
The US government and the military consider Manning’s leaks as destructive. But hejustifies the action saying he did it to spark a public debate; because he had increasing doubts about the war, and he wanted the public to know what was happening.Opinion
The prosecution justifies “aiding the enemy” theory on the speculations that some of the documents released by Manning reached Osama bin Laden. That is, by leaking the information to Wikileaks, Manning helped terrorists.
This is a shockingly broad interpretation of a law that attempts to implicate all kinds of individuals who publish information.

This implies that journalists and almost everyone on social media would come under the ruling of “aiding the enemy.” This also turns all publishers into indirect aiders of the enemy because publications especially online publications are read by all.
The Guardian commented on this controversial ruling:
“The source gives materials to the journalist; the journalist publishes; the enemy reads the publication and, presto, the source is guilty of the offense of ‘aiding the enemy.’ Manning is facing life imprisonment without parole for this offense.”

It doesn’t take quite a bit of effort to actually see that there might be something else going on that doesn’t fit with the esteemed justice delivery system in the United Sates. Manning’s trial definitely shows a disconnect.
Emily Bazelon, in her article on Manning’s trial, titled, This Is Vengeance, Not Justice,wrote:
“At this point, not even Manning is arguing that he should go free. His case isn’t about guilt or innocence. It’s about proportionality. The government and the court are in danger of crossing the line into a dark place. There is enough room to punish Bradley Manning without going there, and more than enough reason to stay away.”
*Sources linked to within text.
aymaan30 is based in New Delhi, Delhi, India, and is an Anchor for Allvoices.

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