Charged Dates v. Plead Dates | U.S. v. Pfc. Manning

 

 

Military prosecutors have charged Private First Class Bradley* Manning with violating three Articles of the Uniform Code of Military Justice (U.C.M.J):

  • ‘Aiding the Enemy’ under Article 104
  • 16 separate offenses under General Article 134
  • 5 offenses of Article 92 ‘Failure to obey order or regulation’

The 16 separate offenses under General Article 134 include:

  • 1 specification for ‘Wanton Publication of Intelligence on the Internet’
  • 8 specification of the Espionage Act-- 18 U.S.C. 793(e)
  • 2 specification of the Computer Fraud and Abuse Act-- 18 U.S.C. 1030(a)(1)
  • 5 specification of ‘Stealing U.S. Government Property’-- 18 U.S.C. 641

The five separate offenses of Article 92 or a ‘failure to obey order or regulation’ include:

  • attempting to bypass a network of information security system mechanism
  • adding unauthorized software to a Secret Internet Protocol Router Network on two separate occasions
  • using an information system in a manner other than its intended purpose
  • wrongfully storing classified information

Manning pled guilty to 7 lesser included offenses of the Espionage Act for unauthorized possession and willful communication of:

  • an unclassified video of a 7 July 2007 Apache air strike known as Collateral Murder
  • 2 classified CIA Red Cell Memos
  • more than 25 classified records from the Iraq War Logs
  • more than 25 classified records from the Afghan War Diary
  • more than three classified records from the GTMO Files
  • 5 classified records pertaining to the Garani air strike in May 2009, and
  • a United States Army Counterintelligence Center 2008 Report on WikiLeaks

Manning also pled guilty to two lesser included offenses (LIO) of the Computer Fraud and Abuse Act for ‘knowingly accessing’ and ‘willfully communicating’ more than 76 U.S. Department of State Cables.

When Manning pled to the 7 LIO of 18 U.S.C. 793(e)-- part of the Espionage Act; two LIO of 18 U.S.C. 1030(a)(1)-- part of the CFAA; and one additional violation of Article 92 for wrongfully storing classified information, he substituted dates for the respective offenses charged against him by the U.S. Government.

The Government is moving forward on all offenses as charged, despite Manning's plea, except Specification 14 of Charge II under Article 134. The Government has accepted Manning's plea to the LIO of 18 U.S.C.1030(a)(1)-- part of the CFAA-- for knowingly accessing and willfully communicating a State Department cable known as Reykjavik 13.

 

The Charges, Manning's Plea, and Maximum Punishment (Sortable)

 

Start Date End Date Charge or Plea Manning Pled Max Charge Greater Offense Title
November 1, 2009 May 27, 2010 USG Charge Date Not Guilty Life Charge I, Article 104, The Specification Aiding the Enemy
November 1, 2009 March 8, 2010 USG Charge Date Not Guilty 2 years Charge III, Article 92, Specification 01   Attempting to Bypass Network Security Mechanism
November 1, 2009 January 8, 2010 USG Charge Date Not Guilty 10 years Charge II, Article 134, Specification 11 18 USC 793(e), Espionage Act Garani Air Strike Video
November 1, 2009 May 27, 2010 USG Charge Date Not Guilty 2 years Charge II, Article 134, Specification 01 Wanton Publication of Intelligence
November 1, 2009 May 27, 2010 USG Charge Date Guilty 2 years Charge III, Article 92, Specification 05   Wrongfully Storing Classified Information
December 31, 2009 February 9, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 07  18 USC 793(e), Espionage Act Afghan War Diary
December 31, 2009 January 8, 2010 USG Charge Date Not Guilty 10 years Charge II, Article 134, Specification 06 18 USC 641, Stealing USG Property Afghan War Diary
December 31, 2009 February 9, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 05 18 USC 793(e), Espionage Act Iraq War Logs
December 31, 2009 January 5, 2010 USG Charge Date Not Guilty 10 years Charge II, Article 134, Specification 04 18 USC 641, Stealing USG Property Iraq War Logs
January 5, 2010 February 3, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 07  18 USC 793(e), Espionage Act Afghan War Diary
January 5, 2010 February 3, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 05 18 USC 793(e), Espionage Act Iraq War Logs
January 8, 2010 May 27, 2010 Manning Plea Date Guilty 2 years Charge III, Article 92, Specification 05   Wrongfully Storing Classified Information
February 11, 2010 April 3, 2010 USG Charge Date Not Guilty 2 Years Charge III, Article 92, Specification 02   Adding Unauthorized Software (1)
February 14, 2010 February 21, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 02 18 USC 793(e), Espionage Act Collateral Murder
February 14, 2010 February 15, 2010 Manning Plea Date Guilty to Lesser Included Offense, Government Will Not Move Forward on Greater Offense 10 years Charge II, Article 134, Specification 14 18 USC 1030(a)(1), Computer Fraud and Abuse Act Reykjavik 13 
February 15, 2010 March 15, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 15 18 USC 793(e), Espionage Act 2008 USACIC WikiLeaks Memo
February 15, 2010 April 5, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 02 18 USC 793(e), Espionage Act Collateral Murder
March 8, 2010 March 8, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 15 18 USC 793(e), Espionage Act 2008 USACIC WikiLeaks Memo
March 8, 2010 May 27, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 09 18 USC 793(e), Espionage Act GTMO Files
March 8, 2010 March 8, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 09 18 USC 793(e), Espionage Act GTMO Files
March 8, 2010 March 8, 2010 USG Charge Date Not Guilty 10 years Charge II, Article 134, Specification 08 18 USC 641, Stealing USG Property GTMO Files
March 17, 2010 March 22, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 03 18 USC 793(e), Espionage Act CIA Red Cell Memos
March 22, 2010 March 26, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 03 18 USC 793(e), Espionage Act CIA Red Cell Memos
March 28, 2010 May 27, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 13 18 USC 1030(a)(1), Computer Fraud and Abuse Act Cablegate
March 28, 2010 May 4, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 13 18 USC 1030(a)(1), Computer Fraud and Abuse Act Cablegate
March 28, 2010 May 4, 2010 USG Charge Date Not Guilty 5 years
10 years
Charge II, Article 134, Specification 12 18 USC 641, Stealing USG Property Cablegate
April 10, 2010 April 12, 2010 Manning Plea Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 10 18 USC 793(e), Espionage Act Farah Records
April 11, 2010 May 27, 2010 USG Charge Date Guilty to Lesser Included Offense 10 years Charge II, Article 134, Specification 10 18 USC 793(e), Espionage Act Farah Records
May 4, 2010 May 4, 2010 USG Charge Date Not Guilty 2 Years Charge III, Article 92, Specification 03   Adding Unauthorized Software (2)
May 11, 2010 May 27, 2010 USG Charge Date Not Guilty 10 years Charge II, Article 134, Specification 16 18 USC 641, Stealing USG Property Sharepoint Server Global Address List
May 11, 2010 May 27, 2010 USG Charge Date Not Guilty 2 Years Charge III, Article 92, Specification 04   Using an Information System Other Than Intended

 

Resources

 

 

*During the pretrial proceedings, court-martial and sentencing of Pfc. Manning, Chelsea requested to be identified as Bradley and addressed using the male pronoun. In a letter embargoed for August 22, 2013 Chelsea proclaimed that she is female and wished to be addressed from that moment forward as Chelsea E. Manning.