Judge finds Manning’s “whistleblower” claim unpersuasive

posted at 4:01 pm on January 19, 2013 by Jazz Shaw

When this entire, sordid Bradley Manning affair broke a couple of years ago, I’ll confess that even I didn’t think we’d still be waiting for the opening bell to ring on the Court Martial in January of 2013. Granted, with the mountain of evidence to go through, witnesses to round up, computer gear to autopsy and intelligence resources to filter, the Army was clearly going to take their time to get this right. But I wouldn’t have guessed that it would be December of 2012 before Manning himself even uttered a word before the trial. Of course, the prosecutors could have been ready to begin before now, but Manning’s “defense” team – if you can call it that – tossed out one delay after another to muddy the waters and look for an escape clause.

But at long last it seems that we’re about to get down to business. One of the – hopefully – final cards that Team Manning was trying to play was an attempt to pass the Private off as a “whistleblower” of alleged government crimes. But as with the rest of these bits of ducking and weaving, the judge remained unimpressed.

Bradley Manning, the US soldier accused of being behind the largest leak of state secrets in America’s history, has been denied the chance to make a whistleblower defence in his upcoming court martial in which he faces possible life in military custody with no chance of parole.

The judge presiding over Manning’s prosecution by the US government for allegedly transmitting confidential material to WikiLeaks ruled in a pre-trial hearing that Manning will largely be barred from presenting evidence about his motives in leaking the documents and videos. In an earlier hearing, Manning’s lead defence lawyer, David Coombs, had argued that his motive was key to proving that he had no intention to harm US interests or to pass information to the enemy.

While Manning’s apologists will doubtless cry foul yet again over this decision, it really shouldn’t come as much of a surprise. When you’ve already essentially admitted to flushing massive amounts of classified data down the internet crapper, the specific reason as to why you did it really isn’t going to be all that fascinating to the military. There was one aspect of the attempted defense which was particularly jaw dropping, though, even for Manning’s lawyer.

In a limited victory for the defence, Coombs and the defence team will be allowed to talk about the soldier’s motives on two narrow counts: where it can be used to show that he did not know that his leaks would be seen by al-Qaida; and as evidence that he consciously selected certain documents or types of documents in order to ensure they would not harm the US or benefit any foreign nation.

I’m sorry, but did you really say, “consciously selected certain documents or types of documents” to leak? He dumped more than 750,000 files. That’s three quarter of a million. How many files did this guy have access to? And more to the point, how much free time did Manning having on his hands where he could selectively sort through that massive volume of material to pick and choose? That’s not just unlikely… it defies belief entirely.

Also, the entire idea of being a “whistleblower” would rely on precisely such precision in leaking specific evidence regarding some action or series of actions by the government purporting to demonstrate malfeasance. And were that the case, Manning might have a leg to stand on. But he simply dumped every diplomatic cable and war report he could round up into the hands of Julian Assange without any indication that he was being selective. This is a fact which I’m sure will not be lost on the judge, either.


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Leftards and Dante will cry.

Schadenfreude on January 19, 2013 at 4:03 PM

Hang ‘em high…….

call it a day….

Tim Zank on January 19, 2013 at 4:06 PM

Peh. The man is a persecuted homosexual, blame Bush, give him a Nobel Prize.

Anything else is racism.

CorporatePiggy on January 19, 2013 at 4:06 PM

Manning is a whistleblower and a hero.

Dante on December 6, 2012 at 8:54 AM

Eat shi+ and cry, loser.

M240H on January 19, 2013 at 4:08 PM

This guy would be a good test candidate to see if there’s a practical way to simultaneously hang, electrocute, and shoot a someone sentenced to death.

ElectricPhase on January 19, 2013 at 4:08 PM

Schadenfreude on January 19, 2013 at 4:03 PM

As those left exposed in his wake cry out for justice! Bad little boys always get their cumuppins!

MarshFox on January 19, 2013 at 4:09 PM

Obama will pardon him, along with the blind one.

Schadenfreude on January 19, 2013 at 4:09 PM

Dante weeps.

Resist We Much on January 19, 2013 at 4:13 PM

I’m guessing 10 years and a dishonorable discharge.

myiq2xu on January 19, 2013 at 4:14 PM

This bastage doesn’t deserve the honor of a firing squad. Drop him out of a C-130 10,000 feet above Mt. McKinley.

john1schn on January 19, 2013 at 4:16 PM

Can you imagine the waste in man- person-hours and borrowed federal costs (treasury) revenue on this POS — when, in a rational society, this would have ended quickly (after successful interrogation to gather as much intel as available) at the just cost (and speedy trial, conviction, sentence, and execution) of a single round of ammunition?

Even the bowels of the military are now controlled by Leftist bleeding hearts, obviously “led” from the “head” of the snake …

ShainS on January 19, 2013 at 4:18 PM

Yeah, Aldrich Ames and the Rosenbergs were whistle-blowers too! /sarc

sharrukin on January 19, 2013 at 4:22 PM

I would bet this little worm goes to trial before the rop type devil’s spawn Ft Hood murderer will? Can’t have the rop type get bent out of shape when one of theirs is found guilty of murdering so many people here in the US now can we? Me thinks this below human will die in prison before he goes to trial?
L

letget on January 19, 2013 at 4:24 PM

MarshFox on January 19, 2013 at 4:09 PM

May you be right, good one.

———-
RWM, whoever is the owner of those pictures is a genius in photoshopping or whatever the art. I’ve been trying to tell you for days. You make the world go around, for sure. I’m so glad you are here, in more ways than one.

Schadenfreude on January 19, 2013 at 4:24 PM

RWM, of course I didn’t mean the cartoons – I meant the pictures you often supply with your write-ups.

Schadenfreude on January 19, 2013 at 4:26 PM

As frustrating as the delays might seem, the judge here is being shrewd in that Manning’s team has been able to offer every crackpot argument, the judge has duly considered it, and then rejected it, giving reasons in the record that should hold up on appeal.

Thus, the lawyers will be unable to argue on appeal that the judge didn’t let them make some outcome-changing argument, and little Brianna should be given a new trial.

Wethal on January 19, 2013 at 4:27 PM

Even the bowels of the military are now controlled by Leftist bleeding hearts, obviously “led” from the “head” of the snake …

ShainS on January 19, 2013 at 4:18 PM

Yeppes, and you are the enemy.

You’ll be lucky if the Soldiers follow their oaths.

Schadenfreude on January 19, 2013 at 4:29 PM

RWM, whoever is the owner of those pictures is a genius in photoshopping or whatever the art. I’ve been trying to tell you for days. You make the world go around, for sure. I’m so glad you are here, in more ways than one.

Schadenfreude on January 19, 2013 at 4:24 PM

I make a lot of them. Others, I find online.

Look for my mark.

Resist We Much on January 19, 2013 at 4:32 PM

Can’t wait till this traitor is convicted.

Bitter Clinger on January 19, 2013 at 4:34 PM

Resist We Much on January 19, 2013 at 4:31 PM

OMG, it is a good thing we haven’t had supper yet, I would be in the bathroom hugging the toilet!
L

letget on January 19, 2013 at 4:36 PM

Liberals and their PC crap have made the military a social-studies laboratory.

When I was in the military, the USMC was the Code, not every little imaginary thing liberals could devise to keep criminals–especially traitors–’safe’.

Liam on January 19, 2013 at 4:41 PM

USMC=UCMJ

Liam on January 19, 2013 at 4:43 PM

Can’t wait till this traitor is convicted hanged.

Bitter Clinger on January 19, 2013 at 4:34 PM

My personal touch.

Liam on January 19, 2013 at 4:44 PM

I make a lot of them. Others, I find online.

Look for my mark.

Resist We Much on January 19, 2013 at 4:32 PM

Great mind, work, talent. I’ll look more carefully.

Thanks for all. AmeriKa doesn’t deserve you but England deserves you less.

Schadenfreude on January 19, 2013 at 4:49 PM

O/T, these pictures might help give us all hope against bho’s second grab?

http://www.theblaze.com/stories/2013/01/19/americans-rally-nationwide-against-stricter-gun-control-measures-here-are-the-pictures/
L

letget on January 19, 2013 at 4:55 PM

L

letget on January 19, 2013 at 4:55 PM

Photoshopped!

A Klan rally!

Never happen!

Piers didn’t report it, so it can’t be true!

Racists on parade!

Tea Party haters!

Obama won!

And joe mama wears combat boots!

Love–in peace and for the purity of our precious bodily fluids,
The Left

Liam on January 19, 2013 at 5:00 PM

Peh. The man is a persecuted homosexual, blame Bush, give him a Nobel Prize.

Anything else is racism.

CorporatePiggy on January 19, 2013 at 4:06 PM

Lol. True. And this is where we’re at right now, isn’t it? America is in sad shape.

joejm65 on January 19, 2013 at 5:08 PM

Leftards and Dante will cry.

Schadenfreude on January 19, 2013 at 4:03

Redundant.

Solaratov on January 19, 2013 at 5:56 PM

Judge finds Manning’s “whistleblower” claim unpersuasive

…the left will find another judge!

KOOLAID2 on January 19, 2013 at 5:58 PM

Stick a fork in him, he’s done!

pilamaye on January 19, 2013 at 6:01 PM

Truth is, he was blowing a lot of whistles, you just would not recognize those particular notes.

slickwillie2001 on January 19, 2013 at 6:11 PM

Why hasn’t this scrunt been executed or locked in a concrete closet in Leavenworth yet?

tom daschle concerned on January 19, 2013 at 6:26 PM

The question I have been asking since this story first broke, and it has never been answered. What moron put a 19 year old kid in charge of the nations secrets? We expect young people to screw up, that’s why we never trusted them with anything important. You give them time to screw up little things, so they learn not to screw up the big things. Yet some dolt put a 19 year old kid in charge of the great big collection of the nations secrets, and was surprised, astounded, and betrayed when the kid screwed up.

Give the kid time served, and throw the book at the morons who put him in the position where his inevitable screw up would harm the nation.

Snake307 on January 19, 2013 at 6:33 PM

Leftards and Dante will cry.

Schadenfreude on January 19, 2013 at 4:03

Redundant.

Solaratov on January 19, 2013 at 5:56 PM

…One of them is probably disemboweling himself at this news!….guess?

KOOLAID2 on January 19, 2013 at 7:02 PM

This guy would be a good test candidate to see if there’s a practical way to simultaneously hang, electrocute, and shoot a someone sentenced to death.

ElectricPhase on January 19, 2013 at 4:08 PM

I’ll bet it could be done with a Micrologix controller, some limit switches, a couple of solenoids, and a relay. I’ll volunteer for the design team…

Hazzard on January 19, 2013 at 7:21 PM

Without reference to Manning, I’m not happy when any judge disallows any defense. Even if the defendant wants to claim “Martians made him do it,” it ought to be up to the jury to decide if the claim makes sense.

PersonFromPorlock on January 19, 2013 at 7:55 PM

Why hasn’t this scrunt been executed or locked in a concrete closet in Leavenworth yet?

tom daschle concerned on January 19, 2013 at 6:26 PM

Solely because he managed to actually blow the whistle, the army doesn’t want to make a public martyr out of the runt. That would be just what they needed with Obama breathing down their necks.

MelonCollie on January 19, 2013 at 8:39 PM

The question I have been asking since this story first broke, and it has never been answered. What moron put a 19 year old kid in charge of the nations secrets? –snip–

… throw the book at the morons who put him in the position where his inevitable screw up would harm the nation.

Snake307 on January 19, 2013 at 6:33 PM

There are a lot of 19 year olds in the military who have access to just as much information as he did, and have handled it very responsibly. The problem is not the age of the kid, the problem is that he was a kid with personal problems, not a man who could act responsibly.

Note, I am NOT excusing him (I have volunteered to be on the firing squad if he is found guilty), but defending the vast majority of young soldiers, sailors, etc. who handle that kind of information properly.

If the press stories that I recall from shortly after his arrest that there were warning signs of instability are true, his superiors should also be facing charges.

Kevin K. on January 19, 2013 at 10:26 PM

In the words of Judge Roy Bean:

“We’re going to give you a nice, fair trial. Before we take you out and hang you.”

Jack Deth on January 19, 2013 at 11:29 PM

“Pucker up, Buttercup.”

mojo on January 20, 2013 at 12:02 AM

Without reference to Manning, I’m not happy when any judge disallows any defense. Even if the defendant wants to claim “Martians made him do it,” it ought to be up to the jury to decide if the claim makes sense.

PersonFromPorlock on January 19, 2013 at 7:55 PM

The judge disallows it because it often isn’t a defense for the action, or claimed wrongly. In this case, it simply doesn’t meet the associated test. Saying you’re a whistleblower because you didn’t know it would hurt the country doesn’t work (disallowed). Saying you’re a whistleblower because you were selective in what you released might work (allowed). He’s saving the everyone a lot of time, because he would otherwise have to spend some time explaining to the jury what whistleblower laws allow and don’t allow – *after* they had already heard all the irrelevant testimony.

Imagine that Bubba shoots someone in the back, from 40 yards away, with no one else out that way for dozens of yards. When Bubba claims self-defense, the judge won’t allow it, as it doesn’t even make sense (unless he was wearing a bomb-vest, perhaps). So, if the defense makes sounds like they will use self-defense as a defense, the judge will caution Bubba’s attorneys not to waste the court’s time.

GWB on January 20, 2013 at 12:35 AM

Dante will cry.

Schadenfreude on January 19, 2013 at 4:03

his mommy will dry his tears.
#oedipuscomplex

dmacleo on January 20, 2013 at 8:38 AM

at 19 I had been vetted for PRP program for nukes, feds talked to everyone to vet me.
bradlee girling (not a man) was a little bitch that cried when people didn’t blow him upon request.

dmacleo on January 20, 2013 at 8:40 AM

Imagine that Bubba shoots someone in the back, from 40 yards away, with no one else out that way for dozens of yards. When Bubba claims self-defense, the judge won’t allow it, as it doesn’t even make sense (unless he was wearing a bomb-vest, perhaps). So, if the defense makes sounds like they will use self-defense as a defense, the judge will caution Bubba’s attorneys not to waste the court’s time.

Fine, but let the jury decide. My own experience with jury duty is that the courts don’t worry a whole lot about wasting time.

PersonFromPorlock on January 20, 2013 at 9:23 AM

MelonCollie on January 19, 2013 at 8:39 PM

When you write “The Army”, it’s capitalized.

hawkdriver on January 20, 2013 at 9:48 PM

Don’t hold your breath, next week he will be in court needing a shave, having stopped for “religious reasons.”

georgeofthedesert on January 21, 2013 at 1:31 PM