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-- member of the team that took out -- sound of the -- and could appear on the witness stand and testify in the government's case.
Against private Bradley Manning.
Private Manning is accused -- giving hundreds of thousands of classified documents to WikiLeaks.
He faces 22 charges including espionage.
And aiding the enemy.
Prosecutors say the witness presumably navy CO collected digital evidence showing that -- -- and had some of that information the same information.
Leaked by Manning.
Time commit as a former prosecutor and as a jag officer in army National Guard it's time for the person is talking about this why.
Why did the judge allowed.
This to go through why is this person so important this case.
Well here's a danger that the top charge which private Manning and spacing is UC NG article you -- -- an article 10 for the aiding the enemy.
Bomb the reason why charges so significant punishable by death current military -- death penalty army has used it quite some time but it's still there so that's -- his attorneys really worried about.
There was a hearing -- you call an article 39 hearing where the defense actually moved to dismiss that charge saying that their client private Manning.
May have posted the classified documents to that cloud to get it on WikiLeaks but never actually gave it over to al-Qaeda so would the judge said it -- -- -- was gonna dismiss the case -- put the onus on the prosecution.
To prove actual knowledge on the part of the defendant that this was gonna get any hands.
There are some reports that this person that could be called in that was part of the in mind raid.
Would appear in a closed court may be under a little bit of a disguise should but the question I have for you is that.
Would Bradley Manning a man that we know.
That has leaked classified information has nothing to lose also being court listening to more classified information provided by -- -- individual.
Yeah I mean look he he is a defendant in a criminal proceeding and that you know he's not a terrorist he's a US citizen easing uniform.
He's entitled all the rights anybody else -- enjoy during this trial including the right.
To be president every critical stage of the proceedings and he can't bar him but remember.
It's it's not -- -- the defense is it is or is it is the one moving forward to to exclude the navy seal I think the reason they're doing that is.
There -- that might prejudice the jury in other words you have this American hero culminated in it gives the prosecution.
A chance to -- him -- front of the jury and and then in general this anger towards their client is giving this information that's possibly put his life at -- the judge has ruled that this this person -- come into court and can't testify.
Yeah time absolutely because remember the the defendant has a sixth amendment right to confront the witnesses against -- how -- -- approved the the actual knowledge unless they show that the documents actually.
Wound up in the hands of the enemy -- they really interesting case.
First for several reasons not only the leak of hundreds of thousands of classified documents but the potential impact of those documents in aiding our enemy made me.
Years a weighty evidence of that meaning someone could sit on the information because no one can read all that information quickly.
And -- -- use it against us in the future so how does that come into play with the cases going on right now and the potential punishment pat Bradley Manning.
Well I think that's one of the reasons why the government is prosecuting this case.
So aggressively because the ideas you have to.
Set a precedent particularly in the age of technology were classified documents.
Can wind up all over the world -- a matter of seconds or one -- -- -- point rewarded when the charges that he spacing is.
He under the Espionage Act.
The Espionage Act was famous for -- that's who used to prosecute the Albert Alger -- case that would that would Whitaker chambers August remember those documents were found in a pumpkin.
-- -- 5060 years later and -- apple iCloud are all over the world in the matter of seconds so.
Given the technology it's so easy to this type of material regardless of the intent of the defendant to get in the hands of our enemy the government has to after the -- do you think it's it's to send a message I -- still on the table by the way.
Death I mean under article one afford death is a panel it is a potential penalty.
-- I mean didn't the army hasn't executed anyone I believe since 1960 degree.
So the chance that it would ever come to that it is another issue analysts on the pretrial hearing -- at time -- have expertise on that okay thanks rather.
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