904. ART. 104. AIDING THE ENEMY
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.
Department of Defense news release from their website:
Army Adds 22 Charges Against Intelligence Analyst
From a U.S. Army Military District of Washington News Release
FORT LESLEY J. MCNAIR, D.C., March 2, 2011 – After seven months of additional investigation by the U.S. Army Criminal Investigation Command and other investigative agencies, the Army has added 22 charges in the case of a military intelligence analyst accused of leaking classified material.
The new charges against Pvt. 1st Class Bradley E. Manning allege that he introduced unauthorized software onto government computers to extract classified information, unlawfully downloaded it, improperly stored it, and transmitted the classified data for public release and use by the enemy.
The investigation remains ongoing, officials said.
"The new charges more accurately reflect the broad scope of the crimes that Private 1st Class Manning is accused of committing," said Capt. John Haberland, a legal spokesman for U.S. Army Military District of Washington. "The new charges will not affect Private 1st Class Manning's right to a speedy trial or his pretrial confinement."
U.S. military officials in Baghdad preferred two charges consisting of 12 specifications against Manning on July 5. Officials said the commander of U.S. Army Headquarters Command Battalion preferred the new charges yesterday.
In addition to a charge of aiding the enemy in violation of Article 104 of the Uniform Code of Military Justice, the new charges include 16 specifications under the UCMJ’s Article 134:
-- One specification of wrongfully causing intelligence to be published on the Internet knowing that it is accessible to the enemy;
-- Five specifications of theft of public property or records, in violation of 18 U.S. Code 641;
-- Eight specifications of transmitting defense information in violation of 18 U.S.C. 793(e);
-- Two specifications of fraud and related activity in connection with computers in violation of 18 U.S.C. 1030(a)(1); and
-- Five specifications in violation of Article 92 of the UCMJ for violating Army Regulations 25-2, "Information Assurance," and 380-5, "Department of the Army Information Security Program."
The charge of aiding the enemy under Article 104 is a capital offense, officials said. However, they added, the prosecution team has notified the defense that the prosecution will not recommend the death penalty to the convening authority, Maj. Gen. Karl R. Horst, commanding general of the U.S. Army Military District of Washington.
Under the UCMJ, the convening authority ultimately decides what charges to refer to court-martial, and whether to seek the death penalty if Article 104 is referred. Therefore, if convicted of all charges, Manning would face a maximum punishment of reduction to the lowest enlisted pay grade,; total forfeiture of all pay and allowances, confinement for life, and a dishonorable discharge.
At the request of Manning's defense attorneys, the trial proceedings have been delayed since July 12, pending the results of a defense-requested inquiry into Manning's mental capacity and responsibility, pursuant to Rule for Courts-Martial 706. Depending on the results of the inquiry, an Article 32 hearing may follow, officials said. An Article 32 hearing is the civilian equivalent of a grand jury, with additional rights afforded to the accused, they explained.
Manning remains confined in the Marine Corps Base Quantico brig in Quantico, Va. He was notified of the additional charges in person during a command visit today, officials said.
Officials emphasized that Manning is presumed innocent until proven guilty, and added that the Army is committed to ensuring his continued safety and well-being while in pretrial confinement.
Manning is accused of downloading and distributing 250,000 secret diplomatic cables between March 28 and May 4, 2010, which was then published by Wikileaks.
Manning was arrested after Adrian Lamo, an American computer hacker, reported to the FBI that Manning had communicated online to him in May 2010 that he had downloaded material from SIPRNet and passed it to WikiLeaks, which had begun publishing it in February 2010.
MSNBC and NYT are both reporting.