Wednesday, April 27, 2011

Did Obama taint WikiLeaks suspect's right to fair trial?

WASHINGTON — President Barack Obama has unwittingly waded into a military legal tangle by declaring that WikiLeaks suspect Pfc. Bradley Manning "broke the law." Manning's supporters claim the president's statement amounts to "unlawful command influence" and has jeopardized Manning's chance for a fair trial.

The Uniform Code of Military Justice prohibits "Command Influence," in which a superior officer up the chain of command says or does something that could influence any decisions by a military judge or jury in a criminal case. As commander in chief, there's no one higher up that chain than the president.

The tangle started last week after a political fundraiser in San Francisco. Logan Price, a supporter of Manning, got close enough to the president to shake his hand and then plead Manning's case. In an exchange that was caught on a cell phone video, Price claimed that Manning, charged with leaking hundreds of thousands of military and State Department documents to WikiLeaks, is a whistle-blower not a criminal. Price asked, "Why is he being prosecuted?"

Obama responded that what Manning allegedly did was "irresponsible, risked the lives of service members and did a lot of damage." But when Price persisted Obama shot back, "He broke the law."

A military legal expert says the president himself crossed a legal line with that statement.
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