FORT MEADE, Md. - After seven days of testimony and the submission of more than 300,000 pages of documents, a key question remains unanswered in the case against Army Pfc. Bradley Manning:
How exactly did his leak of hundreds of thousands of secret documents, logs and at least one video - which he passed to WikiLeaks - directly harm U.S. national security?
It’s a near-certainty that Manning, whose pretrial Article 32 hearing concluded Thursday, will next face a court-martial, but experts say that it’s unclear whether the government will be able to prove its most serious charge against the former Army intelligence analyst - that he aided the enemy. A conviction on that charge could send Manning, 24, to prison for life.
‘Whether or not he did (illegally download and distribute classified documents) is a factual thing. Whether he undermined national security is a judgment thing,’ explained John Hutson, a former military judge advocate.
Prosecutors at the Article 32 hearing - the military equivalent of an evidentiary hearing - only had to show a ‘reasonable belief’ that Manning committed a crime; if the case proceeds to a court martial, the prosecution must prove its case beyond a reasonable doubt for conviction.
In a court martial, […]