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Truth is in favor of you and me; for the truth of our enemies whom we have been serving here in the U.S.A. for over 400 years (whom we did not know to be our enemies by nature) is the truth that the Black Man must have knowledge of to be able to keep from falling into the deceiving traps that are being laid by our enemies to catch us in their way which is opposed to the way of righteous of whom we are members. ~ The Honorable Elijah Muhammad

Wednesday, July 31, 2013

How the Bradley Manning Verdict Avoided a Serious Chill on Whistle-Blowing

Benkler, a witness for the defense, wrote that such an answer "makes the Manning prosecution a clear and present danger to journalism in the national security arena." Julian Assange, the founder of WikiLeaks, said just about the same thing to CNN's Jake Tapper on Monday. Daniel Ellsberg, leaker of the Pentagon Papers, issued similar worry. "That you can face life in prison or death simply from informing an enemy or potential enemy in the process of informing fellow citizens for their benefit is potentially a lethal blow to the First Amendment or freedom of speech and the press," he told the Christian Science Monitor.

It's clear to Benkler how the Manning case can put a chill on whistle-blowing. Here's how he views the prosecution's thinking:
Manning knew that the materials would be made public, and he knew that al-Qaida or its affiliates could read the publications in which the materials would be published. Therefore, the prosecution argues, by giving the materials to WikiLeaks, Manning was "indirectly" communicating with the enemy. Under this theory, there is no need to show that the defendant wanted or intended to aid the enemy. The prosecution must show only that he communicated the potentially harmful information, knowing that the enemy could read the publications to which he leaked the materials. This would be true whether al-Qaida searched the WikiLeaks database or The New York Times'.  - NationalJournal.com
Also read:
Bradley Manning is a criminal but not a traitor. A military judge made that sensible distinction Tuesday in finding the 25-year-old Army private not guilty of the most serious charge against him while convicting him of a long list of lesser crimes, including violating espionage laws.


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