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Bradley Manning's Defense Lawyers Employing Three-Pronged Strategy For Alleged WikiLeaks Suspect

Bradley Manning Wikileaks Hearing Assange

DAVID DISHNEAU and PAULINE JELINEK   12/20/11 05:16 PM ET   AP

FORT MEADE, Md. — Interested in the biggest leak of U.S. secrets in the nation's history, but don't know a firewall log from a server file?

Then you would have been up jargon creek without a clue during the first five days of testimony at a military installation outside of Washington, where Pfc. Bradley Manning is fighting efforts to have him court-martialed.

The 24-year-old Army intelligence analyst is a computer whiz who worked as a civilian software developer. He was his unit's go-to guy for plotting data points and creating Excel spreadsheets in Baghdad, an intelligence officer testified.

But he may have met his match: a former hacker who turned him in, and in two info-tech gumshoes who bored deep into several computer hard drives in search of incriminating evidence.

Army Special Agent David Shaver and civilian contractor Mark Johnson are products of military or intelligence agencies with extensive government-funded training in their fields.

They said they found evidence Manning downloaded and e-mailed nearly half a million sensitive battlefield reports from Iraq and Afghanistan, hundreds of thousands of diplomatic cables, and a video of a deadly 2007 Army helicopter attack that WikiLeaks shared with the world and dubbed "Collateral Murder."

Adrian Lamo, a onetime hacker convicted in 2004 of computer fraud, said his Internet chats with Manning in May 2010 produced "an admission of acts so egregious" that he felt compelled to alert authorities. The "depth of the unsurpassed leakage" made Lamo also concerned that he could get in trouble for remaining quiet.

"I'm a journalist and a minister," Lamo wrote to Manning in one chat, egging him on to elaborate on his confession. "You can pick either, and treat this as a confession or an interview (never to be published) & enjoy a modicum of legal protection."

The government, which rested its case against Manning on Tuesday afternoon, wants Manning court-martialed for aiding the enemy and 21 other charges.

But Manning's lawyers argue that others had access to the Oklahoma native's workplace computers. They maintain he was a troubled young man who shouldn't have had access to classified material; that military computer security was lax; and that the material WikiLeaks published did little or no harm to national security.

The digital forensic examiners littered their testimonies with the terms of their trade. Text files. Zip files. Hash values. Allocated and unallocated disk space.

They frequently mentioned Wget – pronounced "double-you-get" – a computer program for finding and downloading large amounts of data. They talked about Base64, a program that compresses digital documents for speedy transmission by removing all the spaces and punctuation marks.

"It may look like gibberish," Shaver conceded.

One defense lawyer, Capt. Paul Bouchard, sometimes seemed baffled by the technical terms. On Monday, Shaver politely corrected him after Bouchard repeatedly referred to server files as logs during a cross-examination. Lead defense attorney David Coombs looked displeased.

An exchange between Bouchard and Johnson drew chuckles from the gallery. The defense lawyer, seeking indications that supervisors ignored signs of emotional distress, asked Johnson if his forensic probe of files and electronic data had turned up any evidence of Manning's odd behavior.

"Odd behavior?" Johnson replied matter-of-factly. "No sir, it's a computer drive."

Throughout the hearing, Manning has sat quietly at the defense table, waiting to learn his fate while presumably understanding the high-tech lingo. Closing arguments in the hearing could come as early as Wednesday. Then, a military officer will weigh whether to recommend that the young private be court-martialed, which could result in life in prison.

The technical testimony followed proceedings rife with the arcane acronyms of military life, all before courtroom spectators spanning the social strata.

A half-dozen, buttoned-down young men and women favoring charcoal gray suits have come and gone behind the prosecutor's table – apparently representatives of the Justice Department, CIA or other governments agencies.

Across the room are Manning's supporters, including a long-haired young man representing Occupy Wall Street and a pony-tailed, military veteran wearing a "Free Bradley Manning" T-shirt.

Attorneys for WikiLeaks founder Julian Assange observed, as well as a representative of Amnesty International. A half-dozen journalists were present, alongside people in camouflage uniforms. They included the presiding officer, all three prosecutors, two of the defense lawyers and military police stationed along the back and side walls.

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FORT MEADE, Md. — Interested in the biggest leak of U.S. secrets in the nation's history, but don't know a firewall log from a server file? Then you would have been up jargon creek without a cl...
FORT MEADE, Md. — Interested in the biggest leak of U.S. secrets in the nation's history, but don't know a firewall log from a server file? Then you would have been up jargon creek without a cl...
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HUFFPOST SUPER USER
Mitzy
02:05 AM on 12/21/2011
Homosexuality and transgenderism are NOT defenses to charges of treason. For Manning to make them so is to besmirch the gay and transgendered communities, and plays directly into the hands of those who would seek to repeal DADT. His problems are psychopathic in nature, and neither homosexuality or transgenderism are psychpathologies, nor do they trigger psychopathological behaviors.
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11:38 AM on 12/21/2011
You confuse the cause of the cause ...with the cause of the alleged crime.

That he is gay means he's an outsider. That he's an outsider and a victim of abuse and hate, means he's not been "in or protected" equally. That lack of equality leads to a context in which you are able to be more free to evaluate the issue of whistle blowing without the false "senses" of national identity and the Fatherland is right no matter what.
01:16 AM on 12/21/2011
maybe this is what they were afraid to have revealed revealed?

http://topdocumentaryfilms.com/afghan-massacre/
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HUFFPOST SUPER USER
Charles Queen
I am a disabled nam vet
07:15 PM on 12/20/2011
His female co-worker that he hit said he had mental problems,so who made her a shrink?They do all that testing during the recruitmnet phase which you are seen by doctors but you'r also seen by a shrink as well so that's not gonna float.In the end he will be court marshaled and will end up spending the rest of his life at Leavenworth,breaking huge,gigantic rocks into smaller gigantic rocks.Yes they really make em do that,I';v see it with my own eyes so I know.Thats one job I would no wish on my worst enemy to say the least.The whole point is,he knew what he was doing was against military law and he also knerw what could happen to him if and when he got caught.In time of war they can still legalsy stand you up before a direing squad right there so he should consider himslef extremely lucky
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HUFFPOST SUPER USER
neighborhoodmole
no one really knows who anyone is here
08:18 PM on 12/21/2011
Manning flunked basic training, where he was evaluated and deemed unfit for service. At the time, they were so short of recruits that he was retained anyway for his computer skills! That was the real travesty here. Most of Manning's defense witnesses have been denied, including those who would testify that he was deployed over the objections of mental health professionals. This kangaroo court is a show trial stacked against Manning in order to scare other would-be whistle-blowers.
05:29 PM on 12/20/2011
New short film depicting the detention conditions of Bradley Manning at Quantico Marine brig:
http://preventionofinjury.com/
02:30 AM on 12/21/2011
the us military is a very very sick organization
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HUFFPOST SUPER USER
neighborhoodmole
no one really knows who anyone is here
08:42 PM on 12/21/2011
Thank you, I watched the whole thing even though it was hard to watch. It followed the statements on his lawyer's page fairly well.
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HUFFPOST SUPER USER
robjh1
That Job Just Isn't Into You!
04:24 PM on 12/20/2011
Guilty!
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GraniteSkyline
I wish you happiness!
12:14 PM on 12/20/2011
How did this guy get in the army? He's not very sturdy. He weighs what, 87 pounds?
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HUFFPOST SUPER USER
neighborhoodmole
no one really knows who anyone is here
02:17 PM on 12/20/2011
He only got in because the army lowered it's standards so low when he enlisted, they were accepting high school dropouts, felons, and those overweight and underweight. Manning is only 5'2" tall! He flunked basic training, he did not have the strength and also emotionally broke down, which is what basic training is supposed to test. While being discharged, the army decided to give him another chance because they really needed computer geeks with his skills! So I think the first mistake was to let him in after flunking basic training, which is supposed to determine if someone is a fit for service.
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GraniteSkyline
I wish you happiness!
03:01 PM on 12/20/2011
And after all that they let him have access to sensitive cables? Amazing! Many people should be demoted to ShitShoveler over this!
12:12 PM on 12/20/2011
Exposing illegal activity that has been classified to protect those perpetrating the crimes itself is an act of heroism.

The problems come into play when he gives this data to an outside organization. I agree with exposing illegal activity shrouded from public view with a classification stamp. But there are other ways he could have blown the whistle within his organization and within the military without exposing data to outside organizations.
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HUFFPOST SUPER USER
neighborhoodmole
no one really knows who anyone is here
02:20 PM on 12/20/2011
I agree, after being rebuked by his chain of command, he should have contacted a lawyer or a congress person. However, I don't think he had the emotional maturity to make such a rational decision at that time.
11:53 AM on 12/20/2011
Manning will spend life in prison for exposing crimes, the perpetrators of which will never spend a day in prison.

Props to Obama and his war on whistle-blowers. The war is nearly won, sir.
MrStat1
I believe in the rule of law
12:08 PM on 12/20/2011
Manning should be shot!
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11:43 AM on 12/21/2011
And you should too for the crime of your ugly comments against me as a reader.
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daily randy
Danger, Will Robinson! Danger!
11:50 AM on 12/20/2011
It would be easy for us all to miss what this trial really represents. It has been presented quite simply: a member of the military committing treason against his own country. But underneath it all is a strong and solid message to the US masses: Step out of line and you are done for. Whistle blowing has always been frowned upon by Americans (for reasons I don't understand). Lately, we have seen a change in attitude about whistle blowers ... we are beginning to appreciate them more and more because of the what we have seen government and corporations do to the world. But the politicians and corporate elite cannot afford to have whistle blowers looked upon as heroes. So let the scare tactics begin ... and they begin with Manning. You step out of line and blow the whistle and you will serve life in prison. You step out of line and you will be "suspected" of terrorism and sent to Gitmo for ever without a trial. Regardless of whether Manning did wrong or did right (everyone must decide that on their own), what happens to him for it will send a strong message to every US citizen: Don't get out of line or we will crush you.
MrStat1
I believe in the rule of law
12:08 PM on 12/20/2011
No. What it is saying is violate the UCMJ and classified laws, you will spend the rest of your miserable life in prison.
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HUFFPOST SUPER USER
Priestess of Ryleh
01:33 PM on 12/20/2011
speaking as an individual with a fairly significant chance to know those laws better then you... i personally do not see anything wrong with Manning's actions.

98c 115mi
05:07 PM on 12/20/2011
You've fallen in the all too common fallacy of declaring Manning a whistleblower. He is no such thing. A whistleblower explicitly brings forth confidential or proprietary information to attempt to right a wrong. The whistleblower is knowledgeable and heavily involved in the issue at hand. Manning shipped hundreds of thousands of documents which he had never read. Don't make him in to some stand up saintly guy. He was a depressed, odd character who turned traitorous.
HUFFPOST SUPER USER
MilesToGo
11:44 AM on 12/20/2011
Bradley Manning exposed the duplicitous and immoral underbelly of American militarism and actual corporate imperialism--in violation of military and diplomatic protocols and law. He will serve a long time in a stark military prison, regardless of any well-articulated defense or rationalization. There is really no way any true justice can be weaned from what will become an actual courts martial, as the facts of what Manning did obviously violate law as established by military perspective on justice.
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filakia004
11:26 AM on 12/20/2011
the army is going after manning because he embarrassed them. this is no different than other activists like Daniel Ellsberg, who leaked top-secret Vietnam War documents. they too tried to prosecute ellsberg under the espionage act. are they going after manning to silence other would be whistleblowers?
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HUFFPOST SUPER USER
librldem
Snarking for Merika n jebus! Glory!
11:13 AM on 12/20/2011
Pfc. Manning, in a outpost in Vietraqistan has access to 'secret' info that was already public! It would also be available to everyone in the military above him not to mention Homeland Sekurity, CIA, FBI, State etc etc plus embedded reporters and every contractor in gubmint. That's several millions of people over the last decade. So he was playing video games and pirated music on a shared computer system?! That's some occupation we have going on over there, recording the murdering of civilians and journalists and laughing about it and then covering it up. What's left of our military is definitely FUBAR. Free Manning and quit torturing prisoners.
MrStat1
I believe in the rule of law
12:09 PM on 12/20/2011
He will not go free and all of your screaming will change nothing!
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HUFFPOST SUPER USER
librldem
Snarking for Merika n jebus! Glory!
12:19 PM on 12/20/2011
If wikileaks had not 'published' this already public information the military would have not done what they are doing now. Who would want to join such an inept organization now? This is observation sparky, not screaming.
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HUFFPOST SUPER USER
Charles R Tait
11:07 AM on 12/20/2011
There is NO excuse for stealing SECRET, classified documents. Manning had a responsibility as a US soldier to do the job he was sworn to do. Others prompted and guided him to do what he did also. There is a punishment for what he did. He should thank his lucky stars that he is not facing the death penalty.
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homer winslow
Truth in Beauty, Beauty in Truth
11:29 AM on 12/20/2011
If those secret classified documents show war crimes committed by Americans, it is his duty to steal them and release them. He took an oath to defend the constitution, not to be a nazi simply following orders. Your views are truly un American.
MrStat1
I believe in the rule of law
12:10 PM on 12/20/2011
Under law it is not his duty. He violated specific statutes and he will pay the price for that, and rightly so!
05:09 PM on 12/20/2011
He'd need to read them before reaching those lofty conclusions, wouldn't he?
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stargazer13
To Love One Is To Love All
11:39 AM on 12/20/2011
maybe ?

he was up holding his oath to the Constitution Instead
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HUFFPOST SUPER USER
librldem
Snarking for Merika n jebus! Glory!
11:00 AM on 12/20/2011
Our military is ssoooo FUBAR they probably blame PFC Manning for not winning a war since 1945! LMAO
10:04 AM on 12/20/2011
he committed a crime and will probably be punished,,But he exposed far greater crimes ,greed ,murder and corruption,, If one actually takes time to read actual documents you would learn much about our state dept,, The leaks show that a great portion of the state DEpt`s work is for multinational corporations ,, The state dept will do flips and handstands for the corps bottom line while abbeting overseas corruption ,aiding labor and natural resource exploitation amidst killing indigenous natives and others while destroying their environment and livelyhoods,, Reading these docs makes one feel that the Civil War ending slavery,child labor laws,sweatshop closings,labor rights,environmental laws enacted in the USA were all for nothing,, Our multinats no longer want to invest here,, pay people living wages or preserve the environment as doing so reduces their profit margin..so they now use their ever growing capital resources to "invest" in Asia and elsewhere.. Our "leaders " or maybe a better term would be the Multinat stooges ,,colluded to tailor the "Free trade DEALS" for them while simultaneously lowering all their taxes and tariffs,In turn the multinats use a portion of their greater profits to further corrupt our govt, Manning`s document dump also had a huge effect on the "Arab Spring"