re: #58 Gus 802

That can be dealt with in a different venue. Whatever failures were committed upstream still doesn’t change the fact that Manning took an oath that he failed to keep. So effectively, “they let me do it” doesn’t change much of anything for Manning.

Actually, it does potentially change things for Manning. It can change which of the charges are applied (there is no “violation of oath” charge, after all). It is information that applies as mitigating circumstances (not to guilt but to penalty).

Manning removed information from a secure location and shared it with unauthorized individuals. Obvious and even self-admitted guilt exists here.

But what’s the correct charge and what’s the penalty? And courts being courts, what are the facts of failures of command and the (possible) mistreatment of the prisoner in confinement going to do to the case when it gets to the appeal levels?

There’s a decent chance that Manning will end up with what most think is a slap on the wrist.