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(CN) - The "classified enemy" designation attached to one of the three entities that WikiLeaker Bradley Manning is accused of aiding has perplexed and divided professors of military law.
Manning, a 25-year-old former intelligence specialist, has been incarcerated for more than three years in connection with the largest intelligence disclosure in U.S. history. He recently admitted that he leaked hundreds of thousands of diplomatic cables, incident reports from the Iraq and Afghanistan wars, Guantanamo detainee profiles, and, most famously, footage of a Baghdad airstrike.
(Source: Courthouse News
Three professors of military law - Yale Law School's Eugene Fidell, Duke University School of Law's Scott Silliman and Texas Tech University School of Law's Richard Rosen - told Courthouse News they had never heard of a case involving a "classified enemy."
After being informed that the phrase stumped the professors, a military spokeswoman insisted that the confusion stemmed from a misunderstanding, because "who the enemy 'is' is not classified."
"What 'is' classified is that our government has confirmed that this enemy is in receipt of certain compromised classified information, and that the means and methods of collection that the government has employed to make that determination are classified," the spokeswoman said in an email.
846. ARTICLE 46. Opportunity to obtain witnesses and other evidence
by admin on Jul.22, 2010, under 07. Trial Procedure
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the United States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Commonwealths and possessions.
845. ARTICLE 45. Pleas of the accused
by admin on Jul.22, 2010, under 07. Trial Procedure
(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
(b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concerned, be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
844. ARTICLE 44. Former jeopardy
by admin on Jul.22, 2010, under 07. Trial Procedure
(a) No person may, without his consent, be tried a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this article until the finding of guilty has become final after review of the case has been fully completed.
(c) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this article.
904. ARTICLE 104. AIDING THE ENEMY
by admin on Jul.21, 2010, under 10. Punitive Articles
Any person who–
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or [protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
shall suffer death or such other punishment as a court-martial or military commission may direct.