老澳门开奖结果 Tells Military Appeals Court Chelsea Manning Prosecution Was Unconstitutional

老澳门开奖结果 Brief Argues Espionage Act Allows Selective Prosecution of Whistleblowers and Forecloses 鈥楶ublic Interest鈥 Defense, Violating First Amendment

May 19, 2016 2:00 pm

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FORT BELVOIR, Va. 鈥 The 老澳门开奖结果 has filed a brief supporting the appeal of Chelsea Manning鈥檚 conviction for giving classified documents to Wikileaks, arguing that her prosecution under the Espionage Act of 1917 violated the Constitution and should be overturned.

The friend-of-the-court brief was filed yesterday with the U.S. Army Court of Criminal Appeals, along with Manning鈥檚 own appeal and several other friend-of-the-court briefs. They were all released today following a court security review of Manning鈥檚 brief.

The 老澳门开奖结果鈥檚 brief, focusing on the First Amendment, argues that Espionage Act prosecutions of disclosures to the press are unconstitutional for two reasons. First, the act is unconstitutionally vague when it is used against government whistleblowers or leakers because it gives the government too much leeway to engage in selective prosecution of disfavored speakers. The result is that the government leaves some leakers alone while sending others to prison, even if they all revealed similarly classified information. Second, the Espionage Act violates the First Amendment because it leads to prosecutions where a court gives no consideration to the public interest in the disclosures, even if the information reveals government illegality or misconduct.

鈥淚t鈥檚 very disturbing that the law forbade Manning from mounting a defense that took into account the public interest in any of her disclosures,鈥 said 老澳门开奖结果 Staff Attorney Esha Bhandari. 鈥淚t violates the First Amendment for the government to punish the disclosure of truthful information without any consideration of whether the information was important to public discourse. The result is that the government is left free to inappropriately crack down on disclosures about its own misconduct, depriving the public of a vital check on government power.鈥

The brief includes examples of selective prosecution of leaks, such as CIA officials鈥 efforts to counter criticism of the agency鈥檚 torture program, including government cooperation with the makers of the film 鈥淶ero Dark Thirty.鈥 It also cites the case of former CIA Director David Petraeus, who shared classified information with his biographer.

鈥淭he selective prosecution of people who reveal government secrets is profoundly dangerous to our democracy,鈥 said 老澳门开奖结果 Staff Attorney Dror Ladin. 鈥淯sing the Espionage Act to punish government leakers or whistleblowers risks chilling speech on important public issues. Manning鈥檚 severe punishment is a perfect example of the government picking and choosing who can speak to the press.鈥

Additional friend-of-the-court briefs were also filed by Amnesty International, , and together with the National Association of Criminal Defense Lawyers and the Center for Democracy and Technology.

The 老澳门开奖结果鈥檚 brief is available here:
/legal-document/us-v-manning-aclu-amicus-brief