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Bradley Manning Hearing: Attorney Asks For Dismissal In WikiLeaks Case

Bradley Manning Trial

JESSICA GRESKO   03/15/12 05:05 PM ET  AP

FORT MEADE, Md. — An attorney for an Army private accused of leaking hundreds of thousands of pages of classified information asked a military judge Thursday to dismiss the charges, arguing the government bungled the handover of documents to the defense.

The request came during a hearing for Pfc. Bradley Manning at a military courtroom at Fort Meade, Md., near Baltimore. Military prosecutors say Manning, a 24-year-old Oklahoma native, downloaded and sent to the anti-secrecy website WikiLeaks a vast store of sensitive documents and diplomatic cables. The military says Manning indirectly aided al-Qaida in the Arabian Peninsula by giving information to the WikiLeaks site.

Defense lawyers say Manning was clearly a troubled young soldier who never should have been deployed to Iraq or given access to classified material. They say the leaked material did little or no harm to national security.

On Thursday, military prosecutors and Manning's attorney David Coombs disagreed about the extent of the government's obligation to turn over documents in the case before a trial, which has not yet been scheduled. Coombs argued the government must turn over a broad range of documents, including ones that are classified, but he has not received information he requested. He asked that charges against his client be dismissed because the government has "hopelessly" messed up the document turnover in the nearly two years his client has been incarcerated.

Capt. Ashden Fein, a military prosecutor, told the judge presiding over the case that the government had tried to produce "as much as possible" and that it had complied with the rules. In at least one case, he said, the defense was engaging in a "fishing expedition" for information. And he said classified documents needed to be treated differently.

The government will get a chance to respond to Coombs' motion before the judge, Col. Denise Lind, rules on it.

Manning has been charged with 22 counts including aiding the enemy, which could result in life imprisonment.

Military prosecutors say the documents Manning sent to WikiLeaks included 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."

Manning could learn during a second hearing scheduled for Friday when his trial will start as well as get answers to other pending motions. He has so far declined to enter a plea to the counts he faces. He also put off choosing whether to be tried by a military jury or judge alone.

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FORT MEADE, Md. — An attorney for an Army private accused of leaking hundreds of thousands of pages of classified information asked a military judge Thursday to dismiss the charges, arguing the ...
FORT MEADE, Md. — An attorney for an Army private accused of leaking hundreds of thousands of pages of classified information asked a military judge Thursday to dismiss the charges, arguing the ...
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03:54 PM on 03/19/2012
Anyone calling Manning a traitor for exposing the wrongdoings and coverups of our government and military, might as well calling Washington and Jefferson the same.
01:50 PM on 03/17/2012
Why is this traitor still alive?!?!? We have no draft. He CHOSE to join the military,, and he CHOSE to go into intelligence work. There is one big rule if you are in that line of service. You do not leak information. Manning should have been executed upon having his crimes discovered. This story should have ended a long time ago.
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HUFFPOST SUPER USER
greysells2
grey cells matter
03:28 PM on 03/17/2012
Because there rules that cover every eventuality.
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02:36 AM on 03/18/2012
Treason is a crime. It is outlined in the U.S. Constitution itself.

Not only has Private Manning not been convicted of treason (meaning that under the great U.S. Constitutional tradition that he can not be called a traitor: you are presumed innocent in the U.S. unlike countries like Saudi Arabia), but he has not even been charged of treason.

The U.S. military has decided that it is not even worth pursuing such a charge because it is so preposterous.

Of course, you are entitled to your opinion, but your opinion here is simply comic relief.

Meanwhile, what do you think about your tax dollars being spent to p1mp out young Afghan boys? Do you approve?
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megabobisback
Right is right, left is wrong
01:07 PM on 03/17/2012
Why do they even let him wear a uniform. The Army should discharge him now!
12:45 PM on 03/17/2012
Manning is a disgrace! Its disheartening to see whats happening to some of our young people, the future of our country. This is obviously a big joke to him, and possibly a way to boost his own low self esteem. He may act like he considers himself an intelligent person, when in reality he knows he is just a poor sap of a man.
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Bob Macfarlane
Proud to have been allowed to serve in Vietnam
10:31 AM on 03/17/2012
This guy is the poster boy of what treason means.

Try him for treason and while at it throw in Jane Fonda and the estate of Walter Cronkite.
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Sleepers Awake
Google this: "Fighting for peace is like" ...
10:46 AM on 03/17/2012
Wrong, wrong, wrong.

History repeats. Watch and learn.
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10:50 AM on 03/17/2012
Treason as a crime is outlined in the U.S. Constitution itself.
The U.S. military does not share your opinion and has not charged Private Manning with treason.
There is then no chance that Private Manning will be convicted of treason.
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HUFFPOST SUPER USER
Bob Macfarlane
Proud to have been allowed to serve in Vietnam
10:55 AM on 03/17/2012
I know the Constitutional definition of treason and Manning most certainly does fit it. That the military makes a choice not to charge him with treason does not change the facts.
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02:01 AM on 03/17/2012
What do you think is worse:

(A) That a Texas company used U.S. taxpayer dollars to help pmp little boys to st0ned Afghan cops and that the U.S. government helped cover it up

or

(B) That some serviceman leaked this information to the press

???
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02:31 AM on 03/18/2012
Very telling how nobody will answer this question...
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ThinkinPerson
04:53 PM on 03/16/2012
Can we hear some facts already?
Also, given the change in the world since these documents were released, and given the lack of privacy for the average US internet user, it appears that BM is being judged on technology and access laws from the 1950's. Just in the 2 years since he has been going back and forth on a fair trial for a US Citizen, so much has been leaked - that obviously, BM did not leak so why is he the only one being held up?

In the least, I was disturbed to hear of the solitary confinement, forced nudity and torture. Until there is a trial, no one knows anything so why the punishment before the trial?

I wish I knew more so I could properly evaluate. At this point, its appeared only like the army is angry and taking retailiatory actions against this young man.

A trial open to the public can help everyone better undertand.
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Elijah Hathaway
03:41 PM on 03/16/2012
Throw the book at him, send a message to S-2 guys, and all other soldiers, that the US Military is serious about this. I don't think the damage was bad but it could have been, fry him so DI's can use this to let new recruits know it won't be tolerated.
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special38x2
Live, Love, & Laugh
03:39 PM on 03/16/2012
What a quandry...One would think that there would have been whistle blower protection, if he'd used his chain to start the ball rolling, even an Inspector General's office. If he'd done that there might have been more protection for him. But then again, when you see high level officials doing stupid stuff, you wonder how taking the issue up the chain is going to solve anything or protect you in the end. I can't help but wonder what I'd do...
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Elijah Hathaway
05:24 PM on 03/16/2012
If you're in the S-2 (Intelligence) section of the military and you tell your SGT that you want to release a mass of classified information....I think the SGT would have a duty to beat the living hwll out of you.
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special38x2
Live, Love, & Laugh
11:04 PM on 03/16/2012
LOL...yeah, I think it's on the order of a signed statement stating that you understand death penalty is applicable for release of information. The question truly becomes, if the information you're running into presents with many unethical practices by our establishment, at what point does one have a duty to act and what are the avenues, because I'm quite certain he'd have been laughed at or locked up if he brought it up his chain...
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HUFFPOST SUPER USER
mas1956
"What difference does it make?"
03:35 PM on 03/16/2012
I wonder if Bradley likes soccer? Gitmo has a nice shiny new field. Plenty of water there too, you just have to ask the guards.
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Pod-gers
Jeremy Lin = Game Change
03:27 PM on 03/16/2012
Bradley Manning blew the whistle on Collateral Murder.

Like it or not, that is exactly what he did.

Too bad that someone didn't blow the whistle on Staff Sgt? massacre of women and children in Afghanistan .

If Manning's 'warnings' had been taken to heart, and acted on in an effective way, perhaps we wouldn't be facing outrage in Afghanistan today. Instead, the Obama Administration, which has prosecuted more whistleblowers than any other president, has ignored this very real problem.

Obama, as Commander in Chief, should drop charges against manning, and place him in protective custody, at least, and consider giving him a medal for brafvery.
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Elijah Hathaway
05:27 PM on 03/16/2012
Or even better we should just disband the US Military, make being vegan a law, and replace our government with the people at PETA...
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Pod-gers
Jeremy Lin = Game Change
06:44 PM on 03/16/2012
Got an overreaction, have we?
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psychophil
Don't listen to me.
02:00 PM on 03/16/2012
This one soldier brought regime change to three middle-eastern nations, with a successful democratic transition in at least one of them, without losing a single US soldier. That's what they mean by "army of one". Release him and give him a medal of honor.
03:18 PM on 03/16/2012
A bold claim, but not completely untrue!
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Elijah Hathaway
05:39 PM on 03/16/2012
Huh???

(where's the "Least Favorite" button?)
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01:46 PM on 03/16/2012
Lock him in the same sardine can as Johnny Jihad.
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canoeal
Wooden Boatbuilder, Hab 3:17-18
01:10 PM on 03/16/2012
What about the oth he took when he joined the armed forces?
03:24 PM on 03/16/2012
Oaths are nice but when the government completely fails to hold up their end, I think the oath can be considered terminated. We treat our vets like garbage when they get home. "Oh hey, go kill yourself; Oh hey, go F yourself. Thanks a lot. Smiles and BS." It's INSANE. Our leaders hide behind the salute and swell of patriotism that stems from our genuine love of this amazing country. It's DISGUSTING. And it's why we need more women in politics. No mother sends her son willingly to die unless she is convinced in her bones.
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HUFFPOST SUPER USER
canoeal
Wooden Boatbuilder, Hab 3:17-18
03:43 PM on 03/16/2012
Where did the "women in politics" come from? Oh I get it , that;s your agenda...Thanks for the warning.
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canoeal
Wooden Boatbuilder, Hab 3:17-18
03:44 PM on 03/16/2012
probably divorced when it was not what you expected too...You said you don't respect an oath...
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canoeal
Wooden Boatbuilder, Hab 3:17-18
01:09 PM on 03/16/2012
This guys information sell out is partially responsible for much of what happened in the past year refered to as the Arab Spring...don't tell me it it did no harm nor afected national security. That is ludacris.