FORT MEADE, Md. -- Bradley Manning's defense took a blow on Thursday as the judge overseeing his case, Col. Denise Lind, denied his motion to dismiss the aiding the enemy charge against him. If convicted, the Army private first class who has admitted to sending 700,000 files to WikiLeaks could face a life sentence.
Lawyers for Manning had moved to dismiss the charge for lack of evidence. After weeks of testimony, the prosecution in the case has presented at best circumstantial evidence to suggest that Manning knew his disclosures would wind up in al Qaeda's hands, a necessary element of the aiding the enemy charge. Although judges only occasionally grant motions to dismiss charges, one military law expert had suggested that it was a possibility here, given the weakness of the prosecution's case.
In the first phase of the trial, Lind has decided what evidence can be entered and whether it meets the bare minimum for the elements of the charge. On Thursday Lind refused to throw out both aiding the enemy and another charge, violating the Computer Fraud and Abuse Act, citing a legal rule that at this point in the trial, the evidence must be "viewed in the light most favorable to the prosecution."
When it was introduced in March 2011, the aiding the enemy charge aroused outrage from media freedom advocates, who charged that it criminalized leaking to the press. The government's theory in the case is that Manning knew the State Department cables and military war logs he sent to WikiLeaks would wind up in Osama bin Laden's possession, because al Qaeda uses the internet.
After the trial's closing arguments, which could come as soon as Friday, Lind will take on a separate role of actually weighing the evidence against Manning. She will decide his guilt on the aiding the enemy charge and 21 other charges against him then on a different standard: whether he has been proven guilty beyond a reasonable doubt.
Widney Brown, senior director of International Law and Policy at Amnesty International, said in a statement after the decision Thursday, "The charge of ‘aiding the enemy’ is ludicrous."
"What’s surprising is that the prosecutors in this case, who have a duty to act in the interest of justice, have pushed a theory that making information available on the internet -- whether through Wikileaks, in a personal blog posting, or on the website of The New York Times -- can amount to ‘aiding the enemy’,” he said.
This post has been updated to include comment from Amnesty International.
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Abuse Of Prisoners
As the <em>New York Times </em><a href="http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-american-limbo.html?pagewanted=2&_r=1" target="_hplink">reports</a>, Mohammed Qahtani -- a Saudi believed to have been an intended participant in the Sept. 11 attacks -- was subject to coercive questioning and other abuses during his interrogation. The cables describe Qahtani as being leashed like a dog, sexually humiliated and forced to urinate on himself. His file says, "Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention," his confessions "appear to be true and are corroborated in reporting from other sources."
Arbitrary Nature Of Prison System
As <em>Le Monde</em> is <a href="http://www.worldcrunch.com/wikileaks-guantanamo-why-us-declared-iranian-catholic-drug-dealer-enemy-combatant" target="_hplink">reporting</a>, one "low-value" Iranian-Catholic detainee was kept in Guantanamo even after being deemed ready for release -- given his "cooperative nature" and in the interest of "possible financing relations" between Al Qaeda and traffickers. According to the cables, Abdul Majid Muhammed was deemed fit for release in 2002: "The detainee is not affiliated with Al Qaeda or the Taliban. He was involved in drug trafficking. It is unlikely that he represents a risk for the U.S. or its allies."
An Al Jazeera journalist was <a href="http://www.huffingtonpost.com/2011/04/25/sami-al-hajj-al-jazeera-j_n_853297.html" target="_hplink">reportedly </a>held at Guantanamo Bay for six years partially so he could be interrogated about the network Sami al-Hajj, a Sudanese national and Al Jazeera cameraman, was captured in Pakistan in late 2001. Though he was never convicted or even tried of any terrorist ties, al-Hajj was held until 2008 because interrogators wanted to find out more about "the al-Jazeera news network's training programme, telecommunications equipment, and newsgathering operations in Chechnya, Kosovo and Afghanistan, including the network's acquisition of a video of UBL [Osama bin Laden] and a subsequent interview with UBL," <a href="http://www.guardian.co.uk/world/guantanamo-files/US9SU-000345DP" target="_hplink">according</a> to the cables.
Violent Threats Against Captors
Some detainees are described as ruthlessly violent in the documents. As the <em>New York Times </em><a href="http://www.nytimes.com/2011/04/25/world/guantanamo-files-lives-in-an-american-limbo.html?pagewanted=2&_r=1" target="_hplink">reports</a>, one detainee said "he would like to tell his friends in Iraq to find the interrogator, slice him up, and make a shwarma (a type of sandwich) out of him, with the interrogator's head sticking out of the end of the shwarma." Another "threatened to kill a U.S. service member by chopping off his head and hands when he gets out," and informed a guard that "he will murder him and drink his blood for lunch. Detainee also stated he would fly planes into houses and prayed that President Bush would die."
New Details On Post-9/11 Al Qaeda Whereabouts
As the<em> Washington Post</em> <a href="http://www.washingtonpost.com/world/wikileaks-discloses-new-details-on-whereabouts-of-al-qaeda-leaders-on-911/2011/04/24/AFvvzIeE_story_2.html" target="_hplink">reports</a>, the documents describe a major gathering of some of Al Qaeda's most senior operatives in early December 2001. They included Khalid Sheik Mohammed, the self-described mastermind of the Sept. 11 attacks; Abd al-Rahim al-Nashiri, the alleged planner of the USS Cole attack; and Abu Faraj al-Libbi, a key facilitator for bin Laden. After returning to Karachi, Mohammed "put together a training program for assassinations and kidnappings as well as pistol and computer training."
"Nuclear Hellstorm' Threat
The leaked files<a href="http://www.google.com/hostednews/afp/article/ALeqM5h9ouUwZB0vhDcEsGB8N2uVcvGFqQ?docId=CNG.e738123e4ccce6019851c695501ca633.9e1" target="_hplink"> indicate</a> Khalid Sheikh Mohammed told Guantanamo Bay interrogators that Al Qaeda had hidden a nuclear bomb in Europe which will unleash a "nuclear hellstorm" if Osama bin Laden is captured or killed. The terror group also planned to make a 9/11 style attack on London's Heathrow airport by crashing a hijacked airliner into one of the terminals, the files showed.
The <em>Washington Post</em><a href="http://www.washingtonpost.com/world/wikileaks-discloses-new-details-on-whereabouts-of-al-qaeda-leaders-on-911/2011/04/24/AFvvzIeE_story_2.html" target="_hplink"> reports</a> Abd al-Rahim al-Nashiri, the alleged planner of the USS Cole attack, "received injections to promote impotence" to avoid being distracted by women, and "recommended the injections to others so more time could be spent on the jihad."
Prisoner Details And Ranking System
Gitmo detainees are <a href="http://www.washingtonpost.com/world/wikileaks-discloses-new-details-on-whereabouts-of-al-qaeda-leaders-on-911/2011/04/24/AFvvzIeE_story.html" target="_hplink">reportedly</a> assessed "high," "medium" or "low" in terms of their intelligence value, the threat they pose while in detention and the continued threat they might pose to the United States if released. As Reuters<a href="http://www.huffingtonpost.com/2011/04/25/guantanamo-files-detainees_n_853309.html" target="_hplink"> reports</a>, most of the 172 remaining prisoners have been rated as a "high risk" of posing a threat to the United States and its allies if released without adequate rehabilitation and supervision.
Gitmo authorities named Pakistan's Inter-Services Intelligence agency a "terrorist organization" along with Hamas and other international militant networks, according to leaked documents. As the Associated Press <a href="http://www.huffingtonpost.com/2011/04/25/pakistan-intelligence-terror-links-guantanamo_n_853274.html" target="_hplink">reports</a>, the ISI is part of a list that includes more than 60 international militant networks, as well as Iran's intelligence services, that are "terrorist" entities or associations and say detainees linked to them "may have provided support to Al Qaeda and the Taliban, or engaged in hostilities against U.S. and coalition forces."