Whatever crime this was, it wasn't treason. He didn't send these documents to enemies for use to harm the US.
He sent them instead to an organization that had a process for reviewing them to ensure things like names of confidential informants that get them killed are not released. He couldn't review hundreds of thousands of documents, and neither could WikiLeaks, who has enlisted the help of teams at newspapers, and released only a fraction of the documents.
In contrast to certain people who make false claims in this thread about informants getting killed from the leaks, there's no evidence of that.
Treason is telling the Germans the D-Day plan, not leaking documents to an organization who screens them for release (including offering to the US government to offer guidance on any documents that pose a risk to getting informants killed, even it it can't accept the offer.)
I see no evidence Manning's intent was to serve enemies to harm the US. What he did is a crime, but it's not treason.
We have very immoral people calling for killing him.
I agree with some of your post as it is not Treason as defined in the Constitution. However the very fact that he was trusted with his clearance and copied classified documents and gave them to
Anybody is still Espionage regardless of if the receiver " had a process for reviewing them to ensure things like names of confidential informants that get them killed are not released." in your words.
And yes he can still get executed for espionage under the UCMJ and in my opinion he should get a bullet for what he has done. He meets the guidelines for it. We ( Your nor I ) have any idea what his intentions were except to inflict damage to the USA...
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), either directly or indirectly, anything described in paragraph (3) 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.
(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.
(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.
(b)
(1) No person may be sentenced by court-martial to suffer death for an offense under this section (article) unless—
(A) the members of the court-martial unanimously find at least one of the aggravating factors set out in subsection (c); and
(B) the members unanimously determine that any extenuating or mitigating circumstances are substantially outweighed by any aggravating circumstances, including the aggravating factors set out under subsection (c).
(2) Findings under this subsection may be based on— (A) evidence introduced on the issue of guilt or innocence; (B) evidence introduced during the sentencing proceeding; or
(C) all such evidence. (3) The accused shall be given broad latitude to present matters in extenuation and mitigation.
(c) A sentence of death may be adjudged by a court-martial for an offense under this section (article) only if the members unanimously find, beyond a reasonable doubt, one or more of the following aggravating factors:
(1) The accused has been convicted of another offense involving espionage or treason for which either a sentence of death or imprisonment for life was authorized by statute.
(2) In the commission of the offense, the accused knowingly created a grave risk of substantial damage to the national security.
(3) In the commission of the offense, the accused knowingly created a grave risk of death to another person.
(4) Any other factor that may be prescribed by the President by regulations under section 836 of this title (Article 36).”
Elements.
(1) Espionage.
(a) That the accused communicated, delivered, or transmitted any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, instrument, appliance, or information relating to the national defense;
(b) That this matter was communicated, delivered, or transmitted to any foreign government, or to any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or to any representative, officer, agent, employee, subject or citizen thereof, either directly or indirectly; and
(c) That the accused did so with intent or reason to believe that such matter would be used to the injury of the United States or to the advantage of a foreign nation.
(2) Attempted espionage.
(a) That the accused did a certain overt act;
(b) That the act was done with the intent to commit the offense of espionage;
(c) That the act amounted to more than mere preparation; and
(d) That the act apparently tended to bring about the offense of espionage.
(3) Espionage as a capital offense.
(a) That the accused committed espionage or attempted espionage; and
(b) That the offense directly concerned (1) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (2) war plans, (3) communications intelligence or cryptographic information, or (4) any other major weapons system or major element of defense strategy.
Explanation.
(1) Intent. “Intent or reason to believe” that the information “is to be used to the injury of the United States or to the advantage of a foreign nation” means that the accused acted in bad faith and with-out lawful authority with respect to information that is not lawfully accessible to the public.
(2) National defense information. “Instrument, appliance, or information relating to the national defense” includes the full range of modern technology and matter that may be developed in the future, including chemical or biological agents, computer technology, and other matter related to the national defense.
(3) Espionage as a capital offense. Capital punishment is authorized if the government alleges and proves that the offense directly concerned (1) nuclear weaponry, military spacecraft or satellites, early warning systems, or other means of defense or retaliation against large scale attack, (2) war plans, (3) communications intelligence or cryptographic information, or (4) any other major weapons system or major element of defense strategy. See R.C.M. 1004 concerning sentencing proceedings in capital cases.
Lesser included offense. Although no lesser included offenses are set forth in the Code, federal civilian offenses on this matter may be incorporated through the third clause of Article 134.
Maximum punishment.
(1) Espionage as a capital offense. Death or such other punishment as a court-martial may direct. See R.C.M. 1003.
(2) Espionage or attempted espionage. Any punishment, other than death, that a court-martial may direct. See R.C.M. 1003.
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