Nosathro
Posts: 3319
Joined: 9/25/2005 From: Orange County, California Status: offline
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quote:
ORIGINAL: Powergamz1 That's because treason is a federal crime (18 U.S.C. § 2381 ) with which anyone can be charged, civilian or military. The military can also add it under Art 106(c) or Art 134. quote:
ORIGINAL: Nosathro By the way in the UCMJ (Uniformed Code of Military Justice) the punitive articles 77 to 134 none have a charge of treason. Article 106 deals with spying also we are not at War, congress has not declared it. Text. “Any person who in time of war is found lurking as a spy or acting as a spy in or about any place, vessel, or aircraft, within the control or jurisdiction of any of the armed forces, or in or about any shipyard, any manufacturing or industrial plant, or any other place or institution engaged in work in aid of the prosecution of the war by the United States, or elsewhere, shall be tried by a general court-martial or by a military commission and on conviction shall be punished by death. Article 134 has no provison for teason but Manning is charge for violating the article 134 UCMJ 134 (General article): 24 counts. Most of these counts incorporate civilian statutes from the United States Code: 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 Again Manning is not charged with treason civil or military.
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