Manning's defense tries to reduce his sentence


Associated Press

Posted on July 31, 2013 at 12:36 PM

FORT MEADE, Maryland (AP) — The sentencing for U.S. soldier Bradley Manning begins Wednesday, and a judge will decide whether he will spend the rest of his life in prison.

Manning faces up to 136 years in prison for the biggest leak of government secrets in U.S. history. He admits giving hundreds of thousands of classified documents to the anti-secrecy-site WikiLeaks. He says he did it to expose U.S military "bloodlust" and diplomatic deceitfulness, but he did not believe his actions would harm the country.

The 25-year-old has been called both a whistleblower and a traitor, and his case has been watched worldwide.

He didn't testify during the trial, but he could take the stand during the sentencing phase.

The former intelligence analyst was convicted of 20 of 22 charges, but he was found not guilty of aiding the enemy, which alone could have meant life in prison without parole. Prosecutors failed to prove Manning had "general evil intent."

His defense lawyers now have asked the military judge to merge two of his espionage convictions and two of his theft convictions. If the judge agrees, he would face up to 116 years in prison.

"We're not celebrating," defense attorney David Coombs said. "Ultimately, his sentence is all that really matters."

Military prosecutors said they would call as many as 20 witnesses for the sentencing phase, including experts on counterintelligence, strategic planning and terrorism.

The judge prohibited both sides from presenting evidence during trial about any actual damage the leaks caused to national security and troops in Afghanistan and Iraq, but lawyers will be allowed to bring that up at sentencing.

The leaks embarrassed the U.S. and its allies. U.S. officials warned of dire consequences immediately after the first disclosures in July 2010, but a Defense Department review later suggested those fears might have been too dramatic.

Lisa Windsor, a retired Army colonel and former judge advocate, said the punishment phase would focus on Manning's motive and the harm that was done by the leak.

"I think it's likely that he's going to be in jail for a very long time," said Windsor.

Advocates for freedom of the press had warned that convicting Manning on a charge of aiding the enemy could have broad implications for leak cases and investigative journalism about national security issues.

Still, the advocacy group Reporters Without Borders said the verdict was a chilling warning to whistleblowers, "against whom the Obama administration has been waging an unprecedented offensive." The group said it threatens the future of investigative journalism because intimidated sources might fall quiet.

WikiLeaks founder Julian Assange called the verdict "a dangerous precedent and an example of national security extremism."

The leaked material WikiLeaks published documented complaints of abuses against Iraqi detainees, a U.S. count of civilian deaths in Iraq, and America's weak support for the government of Tunisia — a disclosure Manning supporters said helped trigger the Middle Eastern pro-democracy uprisings known as the Arab Spring.

Prosecutors presented evidence the material fell into the hands of al-Qaida and its former leader, Osama bin Laden, but they struggled to prove their assertion that Manning was an anarchist computer hacker and attention-seeking traitor.