Accused WikiLeaker Bradley Manning to face court on Friday

David Heath
Friday, 16 December 2011 00:14

IT Policy - Regulation

Formal proceedings against accused WikiLeaker Bradley Manning will commence at Fort Meade in Maryland on Friday 16th December.

An "Article 32 investigation," so-called for the relevant section of the US Military's Uniform Code of Military Justice will he held to determine whether the matter will proceed to a full Court Martial.  This is similar to the pre-trial hearing we often see on US TV crime shows, but is a lot more detailed and exacting than those generally are; it will probably last for a number of days.

The presiding official at such a hearing, known as the investigating officer, may be a military attorney or a judge advocate, although legal training is not a requirement for the role.

This person will hear initial evidence from both the prosecution and the defence and make a recommendation to the commander who originally ordered the investigation; in Manning's case this is major General Michael S. Linnington, commander of the Military District of Washington.

At this hearing, Manning will be formally charged with 34 offenses related to the Cablegate cache of information which is widely assumed to be the primary cause of Julian Assange's troubles.  The most serious of the charges is "aiding the enemy," although exactly who this enemy is has not been specified.  The "aiding the enemy" charge can attract the death penalty although prosecutors have stated they do not intend asking for such a punishment; however the full Court Martial bench may still apply the death penalty should they so choose.

All defendants in Court martial proceedings are automatically assigned a military defense attorney, but most facing more serious charges will retain a civilian lawyer to lead their defense, as Manning has done.

Read on for the witnesses that are proposed for the defense.