(NEW YORK) MintPress — There was at least some good news for U.S. Army Private Bradley Manning, accused of being the source of the biggest leak of state secrets in American history, at the start of a three-day pretrial hearing that is pitting his lawyers against the U.S. government.
The 24-year-old Oklahoma native is on trial for allegedly leaking hundreds of thousands of U.S. diplomatic cable and military logs from Iraq and Afghanistan to WikiLeaks while serving as a low-ranking intelligence analyst.
The presiding judge at the military court at Fort Meade near Washington, D.C. has ordered the government to hand over confidential documents relating to the WikiLeaks transmission.
The ruling came after Manning’s civilian lawyer, David Coombs, lodged a motion with the court alleging that the government was withholding 250,000 pages of damage assessment reports in the case.
“By morphing, distorting and constantly changing definitions, the government is trying to ‘define’ itself out of producing relevant discovery,” he complained. “It cannot be permitted to do this.”
The latest developments could be a critical legal victory for Manning’s defense team, as well as a confidence boost for the defendant, who faces a full court martial in September.
UPDATE: Damage report
The Obama administration must now disclose to Manning’s lawyers some of the damage assessments it carried out into the impact of his leaks on U.S. interests overseas.
If they reveal that the government found only limited fallout from the transmission, the defense could argue that he was innocent of the charges of “aiding the enemy.” If he is found guilty, the documents could help to reduce any sentence.
The information is likely to include the assessments of embassies around the world of the effects of the publication of the diplomatic cables on their work.
Manning’s lawyers will also be able to see a report on WikiLeaks by the defense intelligence agency and to pursue the results of a separate inquiry by the FBI.
Defense agenda
Also on the agenda for Manning’s defense team: Seeking a dismissal of 10 of the 22 counts against him. In motions filed ahead of the hearing, Manning’s lawyers said the government used “unconstitutionally vague” or “substantially overbroad” language in eight counts of their indictment, in which Manning is accused of “possession and disclosure of sensitive information.”
For two other counts, in which he is accused of “having knowingly exceeded authorized access” to a secret Defense Department computer network, the defense said the government failed to state an offense .
Manning, who was formally charged in February, faces the possibility of a life in prison.