Judge Upholds Charges Against Alleged Document Leaker

By Donna Miles

American Forces Press Service

FORT MEADE, Md.  – The military judge trying the case of alleged WikiLeaker Army Pfc. Bradley Manning today rejected a defense motion to throw out 10 of the 22 charges against him.

Army Col. Denise Lind refused the defense’s argument that eight of the charges are unconstitutionally vague and overly broad.

She also upheld two other charges that Manning had exceeded his authorized access to classified Defense Department networks. Lind did announce, however, that she would use a narrow interpretation of the statute in this case. This raises the standard for what the prosecution will need to prove for Manning to be found guilty, a military lawyer told reporters.

The judge also announced that Manning’s trial, initially scheduled to begin Sept. 21, likely will be delayed until November or possibly January. The defense team had asked for more time to review documents associated with the case and prepare its arguments.

The rulings came at the end of a three-day hearing here leading up to what’s expected to be a three-week trial.

Manning, 24, is accused of the largest intelligence leak in U.S. history while deployed to Iraq as a military intelligence analyst. The former 10th Mountain Division soldier is accused of installing unauthorized software onto government computers to extract classified information, unlawfully downloading it, improperly storing it, and transmitting the data to the whistle-blowing group WikiLeaks.

WikiLeaks, in turn, released thousands of these documents, including classified records about military operations in Iraq and Afghanistan, on its website.

Manning is charged with aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it is accessible to the enemy, theft of public property or records, transmitting defense information, and fraud and related activity in connection with computers. The charges also include violation of Army Regulations 25-2 “Information Assurance” and 380-5 “Department of the Army Information Security Program.”

If found guilty, Manning could receive up to life in prison. He also could be reduced to E-1, the lowest enlisted grade, and face a total forfeiture of all pay and allowances and dishonorable discharge.

Much of this week’s pre-trial hearing, one of several to iron out issues related to the case, centered around what documents are being made available, and how quickly, for the defense to prepare for the trial.

Manning’s civilian attorney, David Coombs, complained of getting discovery documents too slowly, in a piecemeal fashion or with so many sections redacted – meaning parts of them have been blacked out – that they’re of little value.

The defense team hopes to use these documents to show that Manning caused little or no damage.

Yesterday, three State Department officials called by the defense testified that the department stood up three different teams after the leaks occurred to do damage control, identify people considered to be at risk because of the disclosures and improve computer security. The witnesses did not testify about what damages may have been caused.

In an effort to keep the proceedings as close to the projected schedule as possible, Lind announced this week that she would add additional pretrial hearings to assess progress and break through any logjams.

Lind announced that the next hearing will be June 25. At that session, both the prosecution and defense teams are scheduled to submit recommended instructions for the court to give the panel at the trial.

The defense team will have the choice of having the case decided by Lind alone, a military panel, or a jury.

Young Leaders Tour Washington, Pentagon

By Fred W. Baker III
American Forces Press Service

March 7, 2008 - More than 100 high school students, wearing business suits and looking more like politicians than teenagers, crowded the halls of the Pentagon today during one of their final stops in a week-long tour of the capital city. The students represented all 50 states, the District of Columbia, and the Defense Department Education Activity as part of the U.S. Senate Youth Program.

The program brings the brightest and most promising young leaders here for tours and talks with the nation's top leaders all the way up to the president. Today they met with Defense Secretary Robert M. Gates and toured the Pentagon.

Their visits also include stops at the Senate, the House of Representatives, the Supreme Court and the White House. They meet senior officials and hold discussions with them along the way. The student delegates are able to discuss current public and national security policy issues with senators, cabinet members and other senior government officials.

"That was pretty cool," said Christopher Brown, one of the DoD Education Activity delegates, speaking of his visit with the various key political leaders.

A self-described "political junkie," Brown is a junior whose parents teach in the Defense Department's Hanau High School in Hanau, Germany.

"I follow politics a lot. It was really interesting. I didn't realize how much of a difference there was between the Senate and the House in the processes and how they work, so that was pretty cool," Brown said.

Brown has been around the military his whole life and was born in Germany. To be selected, he had to take tests, write essays and send in a video of his responses to government-related questions. Brown's teacher selected him because of his involvement with student government.

Brown said the Defense Secretary was different than he expected.

"He was a little quieter than I thought, and a little more unassuming. And that actually gave me more respect for him," Brown said of his meeting with Gates. "I kind of felt like I could relate to him."

Gates spoke to the students about the importance of integrity in their personal and professional lives, and answered questions, mostly relating to military policies and the war in Iraq, Brown said.

Brianna Fitch, also a DoD Education Activity delegate, said his talk really hit home for her.

"He was a very nice man. It was kind of nice to see the personal side of these figures [whose pictures] you see hanging on the wall every day in the chain of command. And I really took his words to heart, especially those about staying honest," she said.
Fitch's father is a lieutenant colonel in the Army, and she has been an "Army brat" all of her life. She is a senior at Brussels American School in Brussels, Belgium.

She graduates "exactly three months from yesterday," but who's counting. Her grandfather was also in the Army, but Brown said she plans to join the Peace Corps after graduation, and then possibly work as a political officer for the U.S. State Department.
"It's inspiring to see how many people are willing to listen to us," she said. "Even the speakers are saying 'It's your future. You guys are going to be the ones that are going to be here some day.' That's very exciting and motivating to hear."

Fitch said that one of the best things about the trip has been developing relationships with the other candidates and listening to their perspectives on issues.

"It's been a really great experience talking to them, hearing a lot of different political views, and I've liked getting to share a European view point," she said. "Our speakers have been excellent. Some have been very thought provoking."

She said the trip has given her a broader perspective, and, Brown believes, she has contributed to broadening others. She said her military life gives her a different view of political views, especially the war.

"Every figure you see in the news of deaths, those are people and they all have families," she said. "I think that definitely gives you a different perspective when you know people whose parents go off to war and who sometimes don't come back."

Army Maj. Michelle Avolio, a Blackhawk helicopter pilot with 200 hours combat flight experience in Iraq said she was actually intimidated when she found out she would be acting as a mentor for a week for six teenage girls.

As a mentor, Avolio has followed her group 24 hours a day, even sleeping in the same hotel, eating all the same meals. Her job is to be a role model for the delegates and a military representative.

The students' questions to Aviolo were somewhat predictable. The boys wanted to know if she got shot at. Yes, she did. The girls wanted to know more about what it's like being a woman in a position of leadership.

"Don't limit yourself," she told them. "Just be who you are. Be true to yourself and do the right thing and you'll shine as a leader."

Avolio said she volunteered for the job because it was important for the up-and-coming future leaders to have some personal military connection.

"They may [one day] be in very influential positions and may never have been exposed to the military and [would be] making decisions that concern us and our troops," Avolio said. "So they are able to see us and ask all the questions they want and maybe have a personal experience that when they're older they can look back on and influence their decisions positively."

Air Force Capt. Timothy Booher, an Air Force engineer, also dedicated a week away from work, emails, Blackberry devices and his wife and children to work with the delegates.

"I'm trying to really build rapport with them," he said. "To hopefully have a relationship where they know someone in the military who they can ask for advice and maybe help frame their understanding of what [we] in the military are like and perhaps challenge some of the stereotypes and assumptions that they might have come into this with."

Navy Granted Authority To Use Sonar In Training Off California

The Navy announced today that two important steps have been taken under existing law and regulations to allow it to conduct effective, integrated training with sonar off the coast of southern California after a federal court earlier this month imposed untenable restrictions on such training.

In accordance with the provisions of the Coastal Zone Management Act (CZMA), and at the recommendation of the Secretary of Commerce, the President concluded that continuing these vital exercises without the restrictions imposed by the district court is in the paramount interests of the United States. He signed an exemption from the requirements of the CZMA for the Navy's continued use of mid-frequency active (MFA) sonar in a series of exercises scheduled to take place off the coast of California through January 2009. The Navy already applies twenty-nine mitigation measures approved by federal environmental regulators when using active sonar, and these will remain in place.

An exemption from the act was sought after an order was issued on Jan. 3 by the U.S. District Court for the Central District of California, which created a significant and unreasonable risk that the Navy will not be able to conduct effective sonar training necessary to certify strike groups for deployment in support of world-wide operational and combat activities. Use of sonar is part of critical, integrated training that must be done in the Navy's operating area off the coast of San Diego to take advantage of Southern California's bathymetric features and its extensive ranges, airfields, and other infrastructure necessary for effective training. Approximately half the Navy's fleet will receive its most critical, "graduate level" training here before it deploys its forces around the world.

In a separate but related action, the Council on Environmental Quality approved the Navy's request for alternative arrangements for compliance with the National Environmental Policy Act, or NEPA, for these exercises until completion of the Southern California Range Complex environmental impact statement.

Following up on these actions, Secretary of the Navy Donald Winter signed a decision memorandum yesterday agreeing to those arrangements, which include adaptive management measures, more thorough reporting procedures, and increased public participation.

"We can protect our national security while simultaneously being good stewards of the environment," said Winter. "These alternative measures, in addition to the 29 protective measures already in place, will ensure our operating forces can train realistically without harming the environment."

"We are already taking extensive measures to protect marine mammals, and we have had positive results from those measures," said Winter. "We are furthermore committed to an extensive data collection effort to help inform our future efforts in this regard."

Even before the court's order, the Navy employed 29 protective measures, developed in cooperation with the National Marine Fisheries Service, any time sonar is used on Navy ranges, or in major exercises. The existing measures include, among other things, stationing specially trained lookouts to look for marine mammals, passive acoustic monitoring for marine mammals, establishing safety zones around ships where sonar power is reduced or shut down if marine mammals are sighted, and employing extra precautions during chokepoint exercises.

Chief of Naval Operations Adm. Gary Roughead said that the actions were necessary in order to ensure the Navy's ability to train Sailors to detect quiet submarines that might threaten its ships.

"We cannot in good conscience send American men and women into potential trouble spots without adequate training to defend themselves," said Roughead.

"The southern California operating area provides unique training opportunities that are vital to preparing our forces, and the planned exercises cannot be postponed without impacting national security," said Roughead. "The steps that have been taken will allow our men and women to train realistically, while continuing the effective employment of proven mitigation measures that have been endorsed by the Council on Environmental Quality and our regulator, the National Marine Fisheries Service."

For additional information, contact the Navy Office of Information at (703) 697-5342 or visit the Navy's Web site concerning sonar and marine mammals at http://www.whalesandsonar.navy.mil, or the Southern California Range Complex Environmental Impact Statement Web site at http://www.socalrangecomplexeis.com.