The rules quoted above show this not to be a capital crime.
No they do not. Read it again. We do not have enough facts yet to assume it is or is not a capital crime.
Having said that, I suspect we should not assume Manning had noble motives for leaking. They may well have been petty and reckless. We don't know the facts yet.
Stop the madness. Your words are
We don't know the facts yet.. You are right on the money.We do not know ALL the facts. However we do know that he leaked either directly or indirectly classified documents that he was entrusted access to. These documents were harmful to the USA. He knows that they were and is why he did it.
UCMJ Art for Espionage:
“(1) Any person subject to this chapter who, with
intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation, communicates, delivers, or transmits, or attempts to communicate, deliver, or transmit, to any entity described in paragraph (2)
(2) An entity referred to in paragraph (1) is—
(A) a foreign government;
(B) a faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States; or
(C) a representative, officer, agent, employee,
subject, or citizen of such a government, faction, party, or force.
, either directly or indirectly, anything described in paragraph (3)
(3) A thing referred to in paragraph (1) is
a document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense.
shall be punished as a court-martial may direct,
except that if the accused is found guilty of an offense that directly concerns
(A) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack,
(B) war plans,
(C) communications intelligence or cryptographic information, or
(D) any other major weapons system or major element of defense strategy,
the accused shall be punished by death or such other punishment as a court-martial may direct.
The last part will need to be determined by the Military court as they will have to show if it meets any of these criteria for capital punishment. IMO it is very possible he could be guilty of C or D above. The chances of the others A and B is probably pretty slim.
I don't think he will get the death penalty and maybe he doesn't deserve it (Depending on what was leaked ). If it involves A B C or D above he needs to get the death penalty. No ifs Ands or Buts about it. Fully legal and well within the scope of his crime if convicted.
The solitary confinement... In my opinion is no big deal. As long as they are not abusing him physically. Time alone is not against the law or abuse. Nowhere does it say you have to be allowed to mingle with the other prisoners.
They only have to give access to the lawyer and legal team. They do not have to allow visitors and more importantly should not allow TV Producers and Reporters access. His case belongs in the Court Martial Proceedings and should not be tried in the newspapers or TV. The dipshits that were denied access were not on the legal team. Too bad for them they are missing their story.
It is very hard to have any sympathy for someone who willfully disregarded everyone that serves the country and the population as a whole to forward his own misguided personal inadequacies. I do not wish him to be abused, only that justice be served IAW the UCMJ.
We have been too light on these people in recent years.