Bradley Manning Accused Of Aiding [Classified Enemy]

from the even-our-enemies-are-secret? dept

Okay, so in Orwell's 1984, the powers that be may have switched who the "enemy" was arbitrarily and then rewritten history to argue we were always at war with Eurasia or Eastasia. But, at least there was a defined enemy. In the court martial case against Bradley Manning, for supposedly "aiding the enemy" by releasing State Department cables and other documents to Wikileaks, he's being charged with aiding a "classified enemy" along with aiding Al-Qaida. We've already explained why the aiding the enemy charge is highly dubious, since that charge is normally reserved for directly handing information to an enemy, not leaking it to the press. But the fact that one of "the enemies" is secret is completely messed up, and has legal scholars scratching their heads as well.
Three professors of military law - Yale Law School's Eugene Fidell, Duke University School of Law's Scott Silliman and Texas Tech University School of Law's Richard Rosen - told Courthouse News they had never heard of a case involving a "classified enemy."
When Courthouse News asked the military to explain how there could be a "classified enemy," they were told the enemy is not actually classified, but it's classified that this "known" but unnamed enemy had "classified info" that Manning is accused of leaking. Have fun deciphering this one:
"What 'is' classified is that our government has confirmed that this enemy is in receipt of certain compromised classified information, and that the means and methods of collection that the government has employed to make that determination are classified," the spokeswoman said in an email.
But, that makes no sense. After all, the documents were released publicly. Everyone could have had them. Naming the enemy here wouldn't compromise how the government "confirmed" that the enemy had the classified info. The whole case, once again, seems to resolve around some highly questionable assertions to try to make this into an "aiding the enemy" case, when it's clearly nothing of the sort.

Filed Under: aiding the enemy, bradley manning, classified, espionage act, national security
Companies: wikileaks


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  1. identicon
    Anonymous Coward, 31 May 2013 @ 11:30am

    "When Courthouse News asked the military to explain how there could be a "classified enemy," they were told the enemy is not actually classified, but it's classified that this "known" but unnamed enemy had "classified info" that Manning is accused of leaking. Have fun deciphering this one:"

    Actually it is very easy to decipher. The issue is that is the information is not published on the front page of the New York Times as "The US is at War with xxx" then there a significant portion, bordering on 80% which would include all those who have never spent years working international, that will not believe that the US is at war, what the war is about, or how the war is being fought.

    Of course the government could always be honest and publicly declare that the US is officially at war which would result in the age of nuclear in a tremendous butcher bill. Better the government lie and let spooks fight it out.

    Of course if you bother to keep up with world events you can fairly well summarize in the abstract who is mad at whom.

    Then of course there are those who want a little more meet on these bones, do have the ability to understand what Tom Clancy was really saying in his books, and do that his work was more than a fictional account of his perception of possible future reality. The books, written over 20 years ago, are a remarkable depiction of current reality. They are works of fiction with a very astute strategic view of reality. But, then again they are fiction. And, the string of pearls are fiction too. Are are they?

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