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Thursday, 29 December 2011 - Analysis: Manning's legal strategy could lead to plea deal |
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In the past 25 years, 10 airforce planes have crashed in collisions with migrating birds, but the new system developed at Tel Aviv University can now tell pilots where the birds will be in real-time.  Video  Tech trends for 2012 Toyota's new Aqua covers over 35km per litre Attack of the T-Cells: live on video Follow Reuters Facebook Twitter RSS YouTube Read U.S. Fifth Fleet says won't allow Hormuz disruption 28 Dec 2011 U.S. Fifth Fleet says won't allow disruption in Hormuz 28 Dec 2011 Closing Strait of Hormuz not so easy for Iran: analysts 28 Dec 2011 Family of Marine jet crash victims awarded $17.8 million 28 Dec 2011 New York Times sends email to millions by mistake 28 Dec 2011 Discussed 358 Obama to ask for debt limit hike: Treasury official 267 In ad for newsletter, Ron Paul forecast ”race war” 123 Gingrich questions Ron Paul on racist newsletters Watched China tests 500kmph train Tue, Dec 27 2011 A minute of silence for Kim Jong-il Wed, Dec 28 2011 Iran conducts naval exercises Tue, Dec 27 2011 Analysis: Manning's legal strategy could lead to plea deal Tweet Share this Email Print Related News Pakistan army chief says coup fears "speculation" Fri, Dec 23 2011 Hearing concludes for suspected WikiLeaks leaker Thu, Dec 22 2011 Special Report: The watchdogs that didn't bark Thu, Dec 22 2011 Exclusive: Pakistan army wants Zardari out but not a coup Thu, Dec 22 2011 Hearing for accused U.S. Army leaker nears end Wed, Dec 21 2011 Analysis & Opinion In Pakistan, history may not even rhyme, let alone repeat Global disclosure 2011 review: trends and new mandates in public filings Related Topics Tech » Army Pfc. Bradley Manning (C) is escorted by military police from the courthouse after the sixth day of his Article 32 hearing at Fort Meade, Maryland, December 21, 2011. Credit: Reuters/Benjamin Myers By Andrew Longstreth NEW YORK | Wed Dec 28, 2011 7:23pm EST NEW YORK (Reuters) - While it may appear that the government's document-leaking case against U.S. Army intelligence analyst Bradley Manning is strong, the defense could have some surprising leverage with prosecutors and force plea negotiations. Prosecutors may in particular find it difficult to prove the 24-year-old Manning intended to provide the information to enemies of the United States such as al Qaeda, and that the information was helpful to them, legal experts said. Manning faces 22 charges of participating in the largest leak of classified government documents in history, including the accusation that he had unauthorized possession of information related to national defense and that he stole records belonging to the United States. At a hearing that concluded last week, military prosecutors presented evidence that Manning downloaded thousands of classified or confidential files that later made their way to the WikiLeaks website. In his closing summation at the hearing, Captain Ashden Fein, the lead prosecutor, said Manning was a well-trained soldier who "used that training to defy our trust." "He gave the enemies of the United States unfettered access to these documents," Fein said. Manning's case is being reviewed by investigating officer Lieutenant Colonel Paul Almanza, who will make a recommendation by January 16 on whether or not the military should court-martial Manning. A court-martial, which could be a few months away, is not much different from a civilian criminal trial. The charges against the accused in a court-martial must be proven beyond a reasonable doubt, just like in civilian court. The biggest difference is that jurors in a court-martial consist exclusively of members of the military. There were about 1,900 Army courts-martial in fiscal year 2010 and about 60 acquittals, according to U.S. military justice statistics. If convicted of all counts, Manning would face a maximum punishment of life imprisonment, reduction in rank to the lowest enlisted pay grade, forfeiture of all pay and allowances and a dishonorable discharge, the Army says. The charge of aiding the enemy is a capital offense, but the Army has indicated it will not seek the death penalty. 'SKY IS NOT FALLING' Although legal observers agree the government's case is a good one, some speculate that prosecutors could have a tough time proving the most serious charge that Manning gave information to the enemy. During the preliminary hearing, Manning's lawyer, David Coombs, sought to demonstrate that the audience for the leaked information was not foes of the United States, but the American people, and that the country was not put in any danger due to the leaks. "The sky is not falling, the sky has not fallen and the sky will not fall," said Coombs. Some military law experts also question whether the government will be able to prove that Manning intended the information to reach militant groups such as al Qaeda. Merely proving that he intended the information to be displayed on the WikiLeaks website may not be enough to convict him of that charge, said some experts. It could also be difficult for the government to prove that the information was particularly valuable to al Qaeda, said Eugene Fidell, who teaches military law at Yale Law School. "What is it that he has told al Qaeda indirectly that is of value to al Qaeda? Is everything that is hurtful to the United States in the eyes of the world of value to al Qaeda? I don't think so," Fidell said. By underscoring those uncertainties, Coombs may have paved the way for a more favorable plea deal, said David Velloney, a military law expert who is a professor at the Regent University School of Law. In the best-case scenario for the defense, Almanza would recommend that Manning not face the charge at a court-martial of giving information to the enemy. Such a recommendation, made to a higher-ranking officer, is not binding. But it could convince the military prosecutors to drop the charge. "If you can win one battle there and have the government say, 'Nah, that's not such a good idea we go forward on that charge,' then that's a windfall for the defense before the trial begins," Velloney said. Coombs has signaled he also has some cards to play at any potential sentencing. At a court-martial, there are two stages -- one to determine culpability and the other to determine a sentence. During the sentencing stage, the defense can offer extenuating and mitigating circumstances that would justify a lighter sentence than sought by the government Throughout the hearing to determine whether a court-martial is appropriate, Coombs attempted to portray Manning as emotionally unstable with gender-identity issues who should not have had access to sensitive government files. Combs cited emails and memos showing that Manning's superiors were aware of his gender issues and his need for therapy. But no effective action was taken, Coombs argued. The same arguments about Manning's unit could be presented at any potential sentencing. "They're going to air all the government's dirty laundry," said Velloney. "It potentially softens the government in any plea deal." (Reporting by Andrew Longstreth; Editing by Peter Cooney) Tech Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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