US Army Pfc. Bradley Manning is facing serious charges because of his traitorous release of large amounts of classified material. He he is charged with three (3) separate crimes under the Uniform Code of Military Justice.
The most serious of these crimes is breaching Article 104 – Aiding The Enemy, which is a capital offense.
He is also charged under Article 92 – Failure to Obey Order or Regulation and Article 134 – General Article. The latter is a catch-all for improper behavior by military personnel that isn’t specifically covered by other Articles under UCMJ.
In all, with the original charges and the recent additional charges, Manning is facing 34 Specifications – very close to what are called “counts” in the civilian courts – between the three (3) charges.
- Article 104 – Aiding The Enemy (1 Specification)
- Article 92 – Failure to Obey Order or Regulation (9 Specifications)
- Article 134 – General Article (24 Specifications)
Article 104 carries the death penalty or any other legal punishment that the court-martial or military commission decrees. Both Articles 92 and 134 allow for any legal punishment short of execution that the court-martial or military commission decrees.
It is reported that the prosecution will not seek the death penalty under Article 104, seeking life imprisonment instead. Under UCMJ however, the convening authority, not the prosecution, has the final decision as to whether or not to impose the death penalty. This combined with the broad latitude in sentencing allowed to the court-martial or military commission which will hear the case makes it anyone’s guess what will happen.
My guess it that about 10 of the specifications under Articles 92 and 134 will be dropped due to redundancy and lack of evidence and that, at the end of the day, Manning will be sentenced to a Bad Conduct Discharge and Incarceration for Life + 69 years (3 years / specification).