It looks like the source of funding and the origin of Wikileaks gives us new perspective to the possibility that this is all another CFR front. Looks like internet censorship and control under big corporations and black ops government will be underway after all. YouTube - WikiLeaks Founders Prosecution: A Brazen Effort to Kill Alternative Media & The Internet Might as well get your fill while you can. If they are successful with this Assange scandal, and as Wikileaks continues to become the front-runner for being the "bad guy", the solution is just right around the corner...
The army PFC that leaked the intel should be tried for treason and hung. Understand that when you sign up to serve your country you also give up some of your constitutional rights to do this. UCMJ is quite a set of laws when compared to civilian laws. For me putting up with that is a small price to pay for the privilege of protecting the country and constitution. Do I agree with everything the government does, no but that is why I vote.
I wish someone could tell me how such a low grade soldier can have access to such information. The lax security in this unit should also result in heads higher up handing in their keys and walked to the door.
No, it does not. UCMJ is implicit on orders and what orders must be followed. His standing order did not violate his statutory or constitutional rights. (Next statement is directed at the Goobermint and Milli-tards) Please, don't insult our intelligence telling us the kid just "forgot" his orders. Well guess what the MAXIMUM punishment for this violation can include- No court will decide the order's constitutionality. An order for secrecy is NOT unconstitutional. A court will decide the individual's fate. Period. Al you are absolutely correct as you posted earlier: And that is what makes it a: theft, b: a violation of a standing order of a superior officer, and c: espionage. It could also be held that the "kid" is a spy. All of this is covered in the UCMJ which can be read here. (Not the official .mil site, but it is well indexed with links to the sections for ease of navigation). He may be considered a spy (906. ART. 106. SPIES ). He will most definitely be tried for Espionage. Espionage is covered under 906a. ART. 106a. ESPIONAGE.
F15, you are pretty close. However, before he can be tried as a spy, there will be a hearing (Art 38? It's been a long time) to determine the charges to be brought to the Court Martial. If that hearing fails to validate the charge, he's off the hook for that portion. Also, the Constitutionality will be tested before the civil courts, if it is ever brought before that body. I'd bet the odds on reaching SCOTUS are nil. IIRC, I believe it to be fact; "Rocks and shoals" (Navy form of justice) was essentially eliminated when the military itself reviewed military justice (I think it was post WWII) and found that the articles of enlistment were illegally strict. Even today, enlistment documents are considered to be the only form of indentured servitude permitted in the US. In effect, for signing what amounts to a service contract, you get training. Sorta like apprenticing was a long time ago.
My opinion doesn't count for much but I have no problem with anything that was "leaked" that I have read. I don't see where there is a need for laws that allow further abuse of our liberties. The truth will set you free. The laws against slander have sufficed for many moons. National security is a joke.
ghrit - Check the articles relating to Court Martial - No where does the defendant have the right to a civil trial. The civil courts do not have authority over military matters. The Military Tribunal will decide the constitutionality of the order(s), if they are in question. See below. Our nation has a 100% volunteer military (the only one on Earth) - so in essence, yes, it is legal, voluntary, indentured servitude- with quite a FEW large loopholes for people to get out of the indenture term before the contract expires. Also, each and every recruit is instructed fully on the UCMJ during basic (at least they were in my day). Unfortuneatly for the "kid" spying and espionage are capitol offenses. Go here: About.com - Each article of the UCMJ is listed. Sub-Chapters IV to XII relate to Courts Martial. The kid screwed up, now he has to pay the piper. He did it knowingly. He did it with fore-thought. He may or may not have done it with malice. He committed espionage against the country he swore to protect with his life. He deserves whatever punishment the military court decides. [FONT=Verdana, Arial, Helvetica, sans-serif][/FONT][FONT=verdana, geneva, helvetica][/FONT]
Yep, and so it should be. If the hearing returns the charges as we see them from here, then the maximum punishment is warranted. In fact, I hope it is the maximum; I can see no need to feed that breed longer than necessary to build the scaffold. Also correct, he can't access a civil court directly while on active duty with an offense related to military service. There seems no direct way to get such a military case before SCOTUS, but I would not rule out a sharp defense attorney starting something in Federal Courts that would get there. Certainly not on the guilt or innocence part, but maybe on procedural matters; Constitutional guarantees still apply to the military, the implementation is different. Military law allows for civilian assistants to JAG, IIRC, and I think that alone would establish standing for a defense action. (Dunno what the Army calls their equivalent.) Disclaimer, I am not a lawyer. I still think the chances of getting it to SCOTUS are nil, it is probably settled law already. Even if it got thru appellate, the Court would refuse to hear it if for no other reason than avoiding the appearance of meddling in military affairs unless there were a genuine question of Constitutionality. "This inference does not apply to a patently illegal order, such as one that directs the commission of a crime." That opens the door to question a lot of activities that are condoned by, say, the CIA and DIA (then) and HomSec (now.) Is there a legal way to commit a crime? Suppose he was a plant by one of those operations? (And of course, found someone in authority that would admit it. "Wheels within wheels" as the spy novels have it. Conspiracy theory, anyone?) 100% volunteer it is now, but wasn't. (There are some of us that remember the DOD letters.) One of the first things in boot back then was a very thin run thru the UCMJ that told us what we could not do. Never said a word about what we could. I frankly don't remember if the word "lawful" was even in the briefings regarding obeying orders, and they saw to it that we didn't have time to read the materials they handed out for reference. (Said materials, if found during inspections, were regarded poorly by the inspecting officer or Company Commander, and got canned right promptly along with a couple hours pushing the piece. There were no private locker spaces for personal stuff in those days.)
Exactly. As for the Ghrit and Falcon "Kill 'em!" bandwagon -I seriously doubt they even know what they are talking about. I mean, the government is a mafia run murdering, lying, cheating, corporate brothel. Now you want these crooks to hang some kid who broke the UCMJ? You guys are warped. You are hanging onto the past -those days are long gone, your country -your republic is dead. There is no use bringing your support with you, too. WATCH THIS: YouTube - Wikileaks and iPatriot Act, People vs. Banksters, Top Censored Stories - New World Next Week
I am a proud member of the grit and falcon kill 'em bandwagon. The guy is a disgrace to everyone who has ever worn the uniform and served honorably. Hang the bastard! He volunteered. Then he decided he was gay and was angry about the military DADT policy so decided to steal classified documents. If he didn't like it any more he should have announced he was gay to his commander and he would have been on the next c-17 to the states and gotten an honorable discharge. Then he could have carried signs outside the white house like all the other DADT protesters.
Well, that's fine Mysterymet. I wasn't trying to create a dividing line here, I was only attempting to illustrate the fact that you are doing no good by supporting a system that only expects blind patriotism and nationalist pride to add further support to their own draconian agenda. I do not care if you think it's a violation of "national security" or the UCMJ -the final product will still be the same. The web and free speech is under attack, and it doesn't matter if Assange and Wikileaks is a CIA operation, or even if it is being steered that way by other methods. The results will still be the same. This is a world full of lies and deceit -and we are not always made privy to the workings behind the scenes, but we do know what we can expect. Slavery.
Brokor, thanks for the video clip. Like I said above, if they can shut down one web site, are the forums that far behind?
Regardless of who might be running the show from behind the curtain, that harangue is irrelevant. I don't much care if the hangman is an uncaught crook or not as long as the caught crook is hung.
So how much sense does it make that a crook hangs another crook? One crook is guilty of at least a few dozen charges, treason at the top of this list, and the crook to be hanged is guilty of sharing classified materials. On top of all that, we have judges, lawyers, police, and other bureaucrats all the way to the executive branch -most of whom are surely guilty of more than this "terrible" soldier you are frothing at the mouth to see hanged. And I haven't even gotten to the secret government or the corporate interests and the federal alphabet agencies. What does it matter? What system are you protecting? What government do you serve? Logic does not follow your assertions. Since your premise is founded on faulty reasoning at its inception, I simply cannot agree with you. Mafia government is not something I ever swore an oath to protect.
1. Yes. An unconstitutional order is an illegal order. What a person deems unconstitutional will be discussed in a trial. Thus, proceed at your own risk. Read article 92: 2. Talk of UCMJ is retarded. His worry shouldn't be UCMJ. The reason why- he signed a NDA that informs him of federal statutes and the federal penalties of violations when he was read-on. This is a direct agreement between him and the federal government. UCMJ is rarely applied to OPSEC violations. They do this for a reason. Because the federal system is better at prosecuting than a court martial will be. He will likely be court martialed too, but you can bet what he has to worry about is the federal statutes. If anyone can find a single espionage / spy case in the last 50 years involving a military member that was tried only under UCMJ, I'd like to hear about it. Considering the fact that I get to sit through an annual briefing describing practically every spy in the last couple decades, I think I would have heard about it by now.
True, but his ass is Australian and they have already released what will happen if he returns there. The information he released isn't damning to only the US, it affects our allies as well. Especially the four eyes. Extradite and fry this guy. If you do think he is a great guy, read some of his direct quotes. He's not about transparent government. He's a devout anarchist. He wants one thing... chaos.
I don't CARE who or what he is since it is irrelevant. You should know all about false flag ops and counterintel. He can be Santa Clause for all I care. The game being played here is much bigger than any Assange. It is a two-part kill campaign. Part one: Create enough precedence to close down the net and incorporate government/corporation control over it. Part two: With the use of a well known whistle-blower outlet, we will let our enemies come to us. Anybody questioning what's gonna happen to patriots who tell on corrupt government and military? Nope. Hang 'em all! right? right? And you didn't watch the video I linked above, friend. Here it is again: YouTube - Wikileaks and iPatriot Act, People vs. Banksters, Top Censored Stories - New World Next Week How much information from Wikileaks has REALLY been damaging? THINK.
Catch him and then drop him out of a c-130 on an airdrop mission to a FOB outside of Kandahar with a note attached explaining who he is...