09/28/12

Permalink US investigates possible WikiLeaks leaker for 'communicating with the enemy'

US military's new legal theory threatens to convert unauthorized leaks into a capital offense. Who is the real 'enemy'? - A US air force systems analyst who expressed support for WikiLeaks and accused leaker Bradley Manning triggered a formal military investigation last year to determine whether she herself had leaked any documents to the group. Air Force investigative documents, obtained through a Freedom of Information Act request, show that the analyst was repeatedly interviewed about her contacts with and support for WikiLeaks - what investigators repeatedly refer to as the "anti-US or anti-military group" - as well as her support for the group's founder, Julian Assange. The investigation was ultimately closed when they could find no evidence of unauthorized leaking, but what makes these documents noteworthy is the possible crime cited by military officials as the one they were investigating: namely, "Communicating With the Enemy", under Article 104 of the Uniform Code of Military Justice (UCMJ). That is one of the most serious crimes a person can commit - it carries the penalty of death - and is committed when a person engages in "unauthorized communication, correspondence, or intercourse with the enemy".

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