Mr. Breivik, lawyers say, will live in a prison outside Oslo in a three-cell suite of rooms equipped with exercise equipment, a television and a laptop, albeit one without Internet access. If he is not considered a threat after serving his sentence, the maximum available under Norwegian law, he will be eligible for release in 2033, at the age of 53.
The relative leniency of the sentence imposed on Mr. Breivik, the worst criminal modern Scandinavia has known, is no anomaly. Rather, it is consistent with Norway’s general approach to criminal justice. Like the rest of Europe — and in contrast with much of the United States, whose criminal justice system is considered by many Europeans to be cruelly punitive — Norway no longer has the death penalty and considers prison more a means for rehabilitation than retribution.
Of the documents release, the cables were the only one I was not absolutely certain couldn't harm the United States.
This is the impact of Frago 242. A frago is a "fragmentary order" which summarises a complex requirement. This one, issued in June 2004, about a year after the invasion of Iraq, orders coalition troops not to investigate any breach of the laws of armed conflict, such as the abuse of detainees, unless it directly involves members of the coalition ...
Hundreds of the leaked war logs reflect the fertile imagination of the torturer faced with the entirely helpless victim – bound, gagged, blindfolded and isolated – who is whipped by men in uniforms using wire cables, metal rods, rubber hoses, wooden stakes, TV antennae, plastic water pipes, engine fan belts or chains. At the torturer's whim, the logs reveal, the victim can be hung by his wrists or by his ankles; knotted up in stress positions; sexually molested or raped; tormented with hot peppers, cigarettes, acid, pliers or boiling water – and always with little fear of retribution since, far more often than not, if the Iraqi official is assaulting an Iraqi civilian, no further investigation will be required.
In its first months in office, the Obama administration sought to protect Bush administration officials facing criminal investigation overseas for their involvement in establishing policies the that governed interrogations of detained terrorist suspects. A "confidential" April 17, 2009, cable sent from the US embassy in Madrid to the State Department—one of the 251,287 cables obtained by WikiLeaks—details how the Obama administration, working with Republicans, leaned on Spain to derail this potential prosecution.
The Bush administration pressured Germany not to prosecute CIA officers responsible for the kidnapping, extraordinary rendition and torture of German national Khaled El-Masri, according to a document made public Sunday night by Wikileaks. The document, a 2007 cable from the U.S. Embassy in Berlin, describes a meeting during which the then-deputy chief of the U.S. mission to Germany, John M. Koenig, urged German officials to "weigh carefully at every step of the way the implications for relations with the U.S." of issuing international arrest warrants in the El-Masri case.
Pentagon spokesman Geoff Morrell has said previously that there was no evidence that anyone had been killed because of the leaks. Sunday, another Pentagon official told McClatchy that the military still has no evidence that the leaks have led to any deaths. The official didn't want to be named because of the issue's sensitivity.
"We have yet to see any harm come to anyone in Afghanistan that we can directly tie to exposure in the WikiLeaks documents," Morrell told the Washington Post on Aug 11. But "there is in all likelihood a lag between exposure of these documents and jeopardy in the field."
The witness for the defense who has stayed in my mind is Lauren McNamara. She read from a series of AOL chats with Manning in 2009. She was called in to defend his character and demonstrate he was in good spirits in the months leading up to the cable leaks. McNamara — who goes by Zinnia Jones in online videos and blogs — is transgender.
pot.us is unavailable at this time.
rom the they're-not-the-same dept on Tuesday, August 6th, 2013 @ 1:07AM
We've tried to make similar points a few times in the past about our concern with the Obama administration going after whistleblowers and the journalists who publish their leaks by using the Espionage Act more than all other Presidents in history, combined (more than twice as much, actually). But the NY Times has a great piece highlighting how the federal government now seems to completely blur the lines between being a leaker and a spy.
“Obama apparently cannot distinguish between communicating information to the enemy and communicating information to the press,” Mr. Goodale wrote. “The former is espionage, the latter is not.”
This is dangerous for a whole host of reasons -- including having an informed and knowledgeable public.
The fact of the matter is that Bradley Manning did indeed violate the Espionage Act, specifically,
18 USC § 793 - "Gathering, transmitting or losing defense information"
He transmitted classified information. His defense stipulated to that. The piece is terrible. So what if the short title of the act is the "Espionage Act"? What are they supposed to do, have Congress change the name of the Act so nobody gets confused?
Furthermore the writer for TechDirt states that he thinks it shouldn't be a crime to pass on defense information to persons unauthorized to have it. Really? That would make handing over of defense information to Al Qaeda legal. Why would you do that? Perhaps he wants to invent a new law where you can hand it over to a reporter but nobody else? That would be dumb--a reporter could be a guy running a website for Al Qaeda or a "journalist" for Pravda working out of the Soviet Embassy.
The idea that it should be legal to just turn over classified info to people without consequence is wrong. In your mind, is there not one secret that persons without autorization should know? The nuclear launch codes? How to build an A-bomb? Chemical warfare formulas? Secret and frank discussions between our country's leadership and its ambassadors overseas?
18 U.S.C. § 641: Embezzlement and Theft of Public Money, Property or Records. The government has claimed that various sets of records that Manning transferred were 'things of value' and has thus charged him under this statute.
18 U.S.C. § 793(e): This is part of the Espionage Act. The law forbids 'unauthorized persons' from taking 'national defense' information and either 'retaining' it or delivering it to 'persons not entitled to receive it'. The terminology is rather complicated and often contested in court. 793(e) exists because the McCarran Internal Security Act of 1950 modified the original 1917 Espionage Act, partly because of the Alger Hiss/Pumpkin papers case. It is also the same law used against Daniel Ellsberg and Anthony Russo in the Pentagon papers case.
18 U.S.C. § 1030(a) 1 & 2: These are from the Computer Fraud and Abuse Act of 1986. 1030(a)(1) is sometimes called the 'Computer Espionage' law as it borrows much of its language from the Espionage Act. It was modified by the USA Patriot Act of 2001, which added it to the 'Federal Crimes of Terrorism' list, as well as making it prosecutable under RICO (Racketeering) law.
Total number of counts: 34
(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
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