Analyzing the Prosecution Case in the Bradley Manning Trial


images (17)

The prosecution in the Bradley Manning court martial rested their case on Tuesday of this week, well ahead of schedule, taking only 14 days in the courtroom. A casual observer might think the prosecution finished early because they have an easy job: Manning has admitted to leaking the vast majority of documents in question, and he’s already pleaded guilty to a list of crimes on his charge sheet that could get him 20 years in a military prison.

But Manning and his defense team argue his actions don’t warrant the most serious charges against him, the most controversial being ‘Aiding the Enemy.’ That could get him life in prison.

In its opening statement, the prosecution put a graphic up on a courtroom screen— It was the Wikileaks “Most wanted list,” a wish list posted on their website in 2009, the year before Manning began leaking documents. Chief prosecutor, Captain Joe Morrow, said the government would show that Manning used it as a ‘shopping list,’ and they would show even more direct coordination between Manning and Wikileaks’ founder Julian Assange. But we saw little of that in court.

“They have no forensic evidence connecting that- what they have is circumstantial evidence,” according to Adam Klasfeld, who has been covering the court martial at Fort Meade, Maryland, for Courthouse News. He says the prosecution’s own experts have been unable to deliver evidence Manning had followed directions, even in-directly, from Wikileaks. The forensic analyst called by the prosecution “didn’t find any visit to the [Wikileaks] URL,” on Manning’s computer, and didn’t find any evidence of communication in the “unallocated space,” on Manning’s computer, the area where deleted e-mails would remain. Klasfeld says the prosecution argued the lack of material in the unallocated space was suspicious. “So in the absence of that evidence, the government’s theory was that Manning had wiped his computer, and so that’s why it wasn’t found there,” he says.

What the government did show was uncontested evidence that the leaked material made it into the hands of Al Qaeda, citing Al Qaeda propaganda, and records recovered from Osama bin Laden’s Abbottabad compound. But Eugene Fidell, who teaches military justice at Yale law school says even this connection is indirect.

“I think the government’s effort on the aiding the enemy charge was basically predicated on circumstantial evidence,” he says. “And if you connect—if you could put enough dots on the chart—the theory is that the Military judge would almost inevitably connect them.”

But as Fidell points out, the prosecution has not been able to provide as many dots as promised in their opening statement. “One thing that teaches is the danger of making promises in an opening statement that you can’t keep,” he says. “As it played out, I think the government may have concluded it either had made the demonstrated by circumstantial evidence or it decided it hadn’t, and couldn’t, and that may explain why they didn’t call many of the witnesses they said they were going to call and why they… wrapped up the prosecution case well before anyone anticipated.”

Bradley Manning’s team is scheduled to begin their defense on Monday, but Fidell expects that over this holiday weekend they will be drafting a new motion to dismiss the charges against the 25-year-old private.

via Analyzing the Prosecution Case in the Bradley Manning Trial | @pritheworld.

Advertisements

About Old Boy

Love the past and the future but live in the present

Posted on July 7, 2013, in Crime, Government, Human rights and Liberties, politics, USA and tagged , , , , , , , . Bookmark the permalink. Leave a comment.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Canadian Cinephile

"For me, cinema is a vice. I love it intimately." Fritz Lang

Dispatches from the Asylum

I believe in only one thing and that thing is human liberty ~ H.L. Mencken

Jacolette:

a gallery of Irish snapshot and vernacular photography.

lifesdailylessonsblog

Exploring life lessons though the Arts

Classic for a Reason

Reviews of Classic Films from the Golden Age of Hollywood

Burrello Submarine's Movie Blog

cinema esoterica obscura

Motion Picture Blog

Indie Film Reviews & Classic Film Lists

First Night Design

Art, Design, Theatre, Literature, History, Food, Laughter ...

Paddy Healy's Blog

In defence of Education and the Public Services

shivashishspeaks

ALL U WANNA KNOW

Riding the High Country

Reviews and ramblings

Movies Tavern

Horror e Exploitation, B-Movies & Trash, Rarità e Capolavori. Insomma, ciò che mi piace.

CravenWild

The life and times of a filmmaker: fashion, beauty, books and life.

spearfruit

....................................it's my life

vinnieh

Movie reviews and anything else that comes to mind

renxkyoko's space

Just another WordPress.com site

TheMarckoguy

"TheMarckoguy" is the alternate name for Markus. Markus is a human who reviews stuff.

Tippity Tappin Away in the Coffee Shop

I write a lot, and I wanted a place to share my flash fiction stories.

/ EXPERIENCE OF THINKING / EXPÉRIENCE DE PENSÉE / ESPERIENZA DI PENSIERO /

The world is everything that is the case. --- Ludwig Wittgenstein.

Erin's Movie corner

Frankly my dear, I don't give a damn

Come Here To Me!

Dublin Life & Culture.

Ghost Dog

Notes From the Underground with Pictures

Karmic Reaction Blog

#Arts/#Culture/#History/#Music/#Politics/#Science/#Writing

Product of Half-glass.com

An average guy capable of discussing TV & film on a higher level but would rather do it from the couch.

Kate Bowyers Media Adventure

“Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope.” — Maya Angelou

Reel Realities

A blog about my love for movies

Silent-ology

Uncovering the silent era

American History-8th Block

Made by Alyssa Carlton

31 Horror Movies in 31 Days

Celebrating History and Horror Films

Gizmo February

The Literary Explorations of a Bulldog

Year of Horror

One full year of clammy hands and sweaty butt cheeks

Danyeti

Design as understood by Danielle

Bradley's Basement

Tim Bradley's Blog

Champagne for Lunch

"Only on special occasions."

Save Celluloid

Information on Film Preservation and Restoration

Media coursework

By George Milton

Ciryan

Crazy,Batty

Nitrate Diva

Old Movies. Fresh Takes.

Kid Slender

Let all the children boogie

%d bloggers like this: