Kafka, Obama Style

The prosecution in the Bradley Manning Wikileaks trial the claims to have proof that he was aiding the enemy, a crime that carries the death penalty, but is refusing to produce any evidence"

The US government claims to have proof that Bradley Manning, the WikiLeaks suspect, knowingly passed state secrets to a location where it was bound to be obtained by enemy groups, a military court in Maryland has heard.

Captain Joe Morrow, a member of the five-strong prosecution team assigned to the case, said that the government would show at court martial that Manning had knowingly "aided the enemy" – the most serious of the 22 charges facing the soldier that carries the death penalty. Morrow said the evidence would show that Manning sent the information to a "very definite place" that he knew was used by the enemy.

He did not mention al-Qaida, though the terrorist network has been explicity named by the prosecution in previous hearings.

The insistence by the US government that it can prove Manning had actual knowledge that the WikiLeaks dump would be used by enemy groups was instantly disputed by the lead defence lawyer, David Coombs. He demanded that the government produce the evidence to which it was alluding.

"We haven't seen any evidence that the government has provided by discovery that supports any knowledge that the information would be obtained by the enemy," he said.

Note that if the court accepts this, to quote the ACLU, "the threat of criminal prosecution hangs over any service member who gives an interview to a reporter, writes a letter to the editor, or posts a blog on the internet. In its zeal to throw the book at Manning, the government has so overreached that its 'success' would turn thousands of loyal soldiers into criminals."

I believe that this is one of the goals of this prosecution.  When you define laws this broadly, every is a criminal, and so "troublemakers" can be dealt with.