Army Adds 22 Charges Against Intelligence Analyst
<http://www.defense.gov/news/newsarticle.aspx?id=63002> 
Wed, 02 Mar 2011 17:51:00 -0600 



Army Adds 22 Charges Against Intelligence Analyst 


>From a U.S. Army Military District of Washington News Release 

FORT LESLEY J. MCNAIR, D.C., March 2, 2011 - After seven months of
additional investigation by the U.S. Army Criminal Investigation Command and
other investigative agencies, the Army has added 22 charges in the case of a
military intelligence analyst accused of leaking classified material. 

The new charges against Pvt. 1st Class Bradley E. Manning allege that he
introduced unauthorized software onto government computers to extract
classified information, unlawfully downloaded it, improperly stored it, and
transmitted the classified data for public release and use by the enemy. 

The investigation remains ongoing, officials said. 

"The new charges more accurately reflect the broad scope of the crimes that
Private 1st Class Manning is accused of committing," said Capt. John
Haberland, a legal spokesman for U.S. Army Military District of Washington.
"The new charges will not affect Private 1st Class Manning's right to a
speedy trial or his pretrial confinement." 

U.S. military officials in Baghdad preferred two charges consisting of 12
specifications against Manning on July 5. Officials said the commander of
U.S. Army Headquarters Command Battalion preferred the new charges
yesterday. 

In addition to a charge of aiding the enemy in violation of Article 104 of
the Uniform Code of Military Justice, the new charges include 16
specifications under the UCMJ's Article 134: 

-- One specification of wrongfully causing intelligence to be published on
the Internet knowing that it is accessible to the enemy; 

-- Five specifications of theft of public property or records, in violation
of 18 U.S. Code 641; 

-- Eight specifications of transmitting defense information in violation of
18 U.S.C. 793(e); 

-- Two specifications of fraud and related activity in connection with
computers in violation of 18 U.S.C. 1030(a)(1); and 

-- Five specifications in violation of Article 92 of the 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,
officials said. However, they added, the prosecution team has notified the
defense that the prosecution will not recommend the death penalty to the
convening authority, Maj. Gen. Karl R. Horst, commanding general of the U.S.
Army 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, Manning would face a
maximum punishment of reduction to the lowest enlisted pay grade,; total
forfeiture of all pay and allowances, confinement for life, and a
dishonorable discharge. 

At the request of Manning's defense attorneys, the trial proceedings have
been delayed since July 12, pending the results of a defense-requested
inquiry into Manning's mental capacity and responsibility, pursuant to Rule
for Courts-Martial 706. Depending on the results of the inquiry, an Article
32 hearing may follow, officials said. An Article 32 hearing is the civilian
equivalent of a grand jury, with additional rights afforded to the accused,
they explained. 

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, officials said. 

Officials emphasized that Manning is presumed innocent until proven guilty,
and added that the Army is committed to ensuring his continued safety and
well-being while in pretrial confinement. 
  

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