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Death penalty still on table in WikiLeaks case

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  • Death penalty still on table in WikiLeaks case

    Death penalty still on table in WikiLeaks case




    By David Dishneau - The Associated Press
    Posted : Thursday Mar 3, 2011 15:04:23 EST



    HAGERSTOWN, Md. — The death penalty is still possible for the Army private suspected of giving classified material to the anti-secrecy group WikiLeaks despite prosecutors’ promise not to recommend it, military law experts said Thursday.

    Military District of Washington commander Army Maj. Gen. Karl R. Horst could ignore the prosecutors’ recommendation and refer for trial as a capital offense the charge that Pfc. Bradley Manning aided the enemy, the experts said. In that event, a court-martial jury of at least 12 members could vote for execution if Manning were convicted.

    It would be unusual but not unheard of for the commander to ignore the recommendation, said Dwight Sullivan, a Marine Corps Reserve lawyer who blogs about military justice on CAAFlog.com.


    Related reading

    • WikiLeaks suspect charged with ‘aiding enemy’

    Jon W. Shelburne, who teaches at Roger Williams University in Bristol, R.I., said he hasn’t seen a commander override a prosecutor’s death-penalty recommendation in his 19 years as military judge advocate.

    The charge of aiding the enemy is among 22 new counts filed Wednesday against Manning, a former intelligence analyst suspected of passing to WikiLeaks more than 250,000 confidential State Department cables, classified video of a deadly U.S. helicopter attack, and a raft of Iraq and Afghanistan war logs. The video and thousands of the documents have been published on the WikiLeaks website.

    Horst, acting as the court-martial convening authority, would decide which, if any, charges to refer for trial. He would make that determination after Manning’s Article 32 investigation, which could begin in late May or early June.

    If Horst refers the charge of aiding the enemy as a noncapital offense, the maximum penalty would life without the possibility of parole, Shelburne said in a teleconference with reporters.

    Sullivan said in a telephone interview that if the charge is referred as a capital offense, the government would face numerous hurdles to winning a death sentence.

    First, the jury’s guilty verdict would have to be unanimous, rather than the two-thirds majority required for conviction in a noncapital case. Then the jurors would all have to agree that there was an aggravating factor that outweighed any mitigating circumstances. Finally, the panel would have to vote unanimously for execution.

    The death sentence would then require approval by both the convening authority and the president.

    “It’s supposed to be difficult to get the death sentence and it is,” Sullivan said.

    There has been just one military death sentence in the last 50 years. In July 2008, President Bush approved the execution of Ronald A. Gray, a former Army cook convicted of **** and murder in 1988. The case is on appeal.

    The last military execution was carried out on April 13, 1961, when Army Pvt. John A. Bennett was hanged for **** and attempted murder.

  • #2
    Re: Death penalty still on table in WikiLeaks case

    BURN HIM!!! Ok I don't think he quite warrants the death penalty personally, but he should be locked up for a looooong time with a sentence of hard labor. Breaking rocks and pounding sand for the rest of his adult life.

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    • #3
      Re: Death penalty still on table in WikiLeaks case

      nothnig but bread and water.

      20-30 years, and a dishonorable discharge.
      Last edited by Chaplain4me; March 4th, 2011, 12:03 AM.

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      • #4
        Re: Death penalty still on table in WikiLeaks case

        Im sure some tree hugging super lawyer is going to try undoing whatever the military courts do...

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        • #5
          Re: Death penalty still on table in WikiLeaks case

          Originally posted by jmclaughlin1701 View Post
          Im sure some tree hugging super lawyer is going to try undoing whatever the military courts do...
          Naturally. That same America hating lawyer will try to put all the blame on the military and say it's the Army's fault.

          Comment


          • #6
            Re: Death penalty still on table in WikiLeaks case

            30 years to life hard labor at Fort Leavenworth.

            Not a snowball's chance in h e l l of parole.

            0600 to 1100 Busting rocks.
            1100 to 1130 lunch (Pinto beans, white rice, cornbread, green kool-aid)
            1130 to 1200 personal time
            1200 to 1800 Busting rocks.
            1800 to 1830 dinner (Oatmeal, mashed potatoes, slice of white bread, red kool-aid)
            1830 to 1900 personal time
            1901 lights out.
            Last edited by VICEROY06; March 4th, 2011, 11:14 AM.

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            • #7
              Re: Death penalty still on table in WikiLeaks case

              ^Maybe I'm biased because that would make an internment 31B's/31E's life so easy, but I like it.

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              • #8
                Re: Death penalty still on table in WikiLeaks case

                Originally posted by MPThink View Post
                ^Maybe I'm biased because that would make an internment 31B's/31E's life so easy, but I like it.
                What? Is my lunch and dinner menu is too nutritious?

                Even at the super max prisons in Texas, civilian inmates get three meals a day, a solid hour of personal time (no weight lifting allowed), an hour to eat, and the camaraderie of being on a chain gang. Manning does not deserve such a luxurious lifestyle while locked up. I broke the personal time up into two short 30 minute sessions in the hole and 30 minutes to su ck down only two meals a day. The only chain he'll be on is the one welded to an 80 pound lead ball.
                Last edited by VICEROY06; March 4th, 2011, 01:00 PM.

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                • #9
                  Re: Death penalty still on table in WikiLeaks case

                  The brig. One of the last forms of real prison left.

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                  • #10
                    Re: Death penalty still on table in WikiLeaks case

                    Originally posted by SteveLord View Post
                    The brig. One of the last forms of real prison left.
                    You got me there.

                    Comment


                    • #11
                      Re: Death penalty still on table in WikiLeaks case

                      Last night, I watched WikiSecrets and the background they uncovered on Manning was amazing. Also, he opened his life on his facebook page. They have the video online if you google wikisecrets pbs; it is the frontline video.

                      Comment


                      • #12
                        Re: Death penalty still on table in WikiLeaks case

                        He got lucky.

                        http://www.stripes.com/bradley-manni...onage-1.232853

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                        • #13
                          Re: Death penalty still on table in WikiLeaks case

                          He apologizes.....

                          http://www.armytimes.com/article/201...s-hurting-U-S-

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