[…] It’s important to remember through all this that Manning has already pled guilty to ten charges of violating military regulations (few of which, if any would be civilian crimes) and faces twenty years in jail. Yet the prosecutors are still going ahead with the absurd charge of “aiding the enemy,” a capital offense, of which the prosecutors are asking for life in prison.
Nixon could have brought that charge against me too. I was revealing wrongdoing by our government in a public way, and that information could have been read by our enemies in Vietnam. Of course, I never had that intent and Manning didn’t either. We both leaked information to provoke a domestic debate about military force and government secrecy. And to say we did so to aid the enemy is absurd.
This charge could have huge effects on the free speech of anyone in the military and journalists across the country. Any op-ed that is critical of military tactics or any news story that exposes misdeeds of the government can potentially lead to a capital offense.
Worse, the charge purports to apply to anyone, not just the military. It’s blatantly unconstitutional. [++]
The audio recording of Manning’s testimony is here.