Iraq – Soldier in Iraq Faces Criminal Charges

From a U.S. Division Center News Release BAGHDAD, July 6, 2010 – Criminal charges under the Uniform Code of Military Justice were preferred yesterday against a soldier assigned to the 10th Mountain Division’s 2nd Brigade Combat Team at Contingency Operating Station Hammer, Iraq, military officials reported today.

Two charges consisting of 12 specifications were preferred against Army Pfc. Bradley E. Manning, 22.

The first charge, under Article 92 of the UCMJ, is for violating a lawful Army regulation by transferring classified data onto his personal computer and adding unauthorized software to a classified computer system.

The second charge includes eight specifications under Article 134 of the UCMJ, incorporating violations of the U.S. Criminal Code:

— One specification of violating U.S. Code Title 18, Section 793, for communicating, transmitting and delivering national defense information to an unauthorized source;

— Three specifications of violating U.S. Code Title 18, Section 1030(a)(1), for disclosing classified information concerning the national defense with reason to believe that the information could cause injury to the United States; and

— Four specifications of violating United States Code Title 18, Section 1030(a)(2), for exceeding authorized computer access to obtain classified information from a U.S. department or agency.

All of the charges relate to incidents that occurred between November 2009 and May 2010, and the criminal investigation remains open, officials said.

Officials emphasized that preferral of charges represents an accusation only, and that Manning is presumed innocent until and unless he’s proven guilty. The case will be processed in accordance with normal procedures, officials added.

The command will appoint an officer to preside over an Article 32 investigation, which is similar to a civilian grand jury hearing. The investigating officer will make findings and recommendations that the chain of command considers in determining whether to refer the case to trial by court-martial.

U.S. Department of Defense
Office of the Assistant Secretary of Defense (Public Affairs)