WikiLeaks case could hinge on whether Manning had reason to believe his actions could harm US

[struggle4progress]

By Associated Press, Updated: Wednesday, January 16, 12:39 PM

FORT MEADE, Md. — The trial of an Army private charged with giving classified information to the WikiLeaks website may hinge on whether he had reason to believe his actions could be harmful.

A military judge made a pretrial ruling Wednesday about what prosecutors have to prove to convict Pfc. Bradley Manning of the most serious charge he faces ...

The most serious charge is aiding the enemy. Col. Denise Lind ruled that for Manning to be convicted of that offense, prosecutors must prove he had reason to believe the leaked material could be used to harm the United States or help a foreign power.

Defense attorneys can present evidence Manning selectively leaked information that he believed would not be harmful to U.S. interests.

http://www.washingtonpost.com/national/gi-claims-trial-delays-in-wikileaks-case-warrant-dismissal-of-all-charges-at-pretrial-hearing/2013/01/16/e16f9f6a-5fac-11e2-9dc9-bca76dd777b8_story.html

[randome]

1. 'Selectively leaked'? Does that mean he COULD have released 2 mil documents but only chose 1 mil?

[struggle4progress]

2. That's a good question, and imo it points towards a major problem with the theory

that Manning was a principled leaker

[struggle4progress]

3. Motive not a factor in Bradley Manning WikiLeaks case: judge

AFP
January 17, 2013 10:45AM

... Manning's lawyers had argued evidence regarding the soldier's motivation for illicitly passing the confidential documents to WikiLeaks should be heard at trial, but judge Denise Lind largely threw out the request.

In what amounts to a boost for the government, Lind said Manning's motive was not a valid defence.

Much of the ruling, given at the latest pre-trial hearing at Fort Meade military base in Maryland, was inaudible because of technical difficulties with the live television link to the courtroom.

But a US Army legal adviser told reporters afterwards any evidence regarding Manning's reasons for orchestrating the leak could only be heard if it was to argue that the soldier did not "knowingly aid the enemy," chiefly al-Qa'ida, by uploading and then releasing the files ...

http://www.theaustralian.com.au/in-depth/wikileaks/motive-not-a-factor-in-bradley-manning-wikileaks-case-judge/story-fn775xjq-1226555676116