I was asked today why is making public, sensitive info considered
by so many a good thing?
It is considered a good thing because in a democracy the
public is the source of all authority and therefore the public is the entity in
charge. It is crucial that the entity in
charge know what its servants are doing when they are committing abuses and
mismanagement or illegal acts. Release
to the public information that shows that the servants of the public have been
lying, cheating or just f-ing up badly is a good thing..
Now to get picky, since that's what we lawyers do:
Whistleblowing is the disclosure by a person, usually an employee in a
government agency or private enterprise, to the public or to those in
authority, of mismanagement, corruption, illegality, or some other
wrongdoing. So if it is whistleblowing
to release document A (depicting wrongdoing), that makes him a whistleblower,
whether or not the contemporaneous release of document B would have qualified
him as such. Whistleblower and traitor
are not necessarily mutually exclusive descriptors.
Now as to the acquittal on the aiding the enemy charge: the key factor is releasing "to the
enemy". Manning released the
documents to someone at Wikileaks. That
person is not the enemy. That person
then said to the Pentagon "do you want to claim any of this is too
dangerous to release or redact anything before we release it?" The Pentagon did not respond because they
have a policy of not talking to Wikileaks at all. Wikileaks then made most of the documents
public (on their own withholding about 15,000 they thought were too potentially
dangerous to US citizens). Again, "to
the public" is not the same as "to the enemy". Even if the enemy could see it, that does not
qualify as indirectly [i]giving it[/i] "to the enemy". If I tell you a secret, and you tell your
aunt Sally, and aunt Sally gabs about it to her hairdresser, and her
hairdresser writes it down for later and leaves it on the counter and a member
of an enemy organization walks in and sees it, I have not given secrets to the
enemy. Even if I told you with the
reasonable expectation that you are a big blabbermouth, it's not giving
information to the enemy just because the enemy happens to hear it. Giving something to someone, either directly
or indirectly, requires that you intended for that particular person (or group
or subset) to receive it. There is no
evidence that Manning gave material to Wikileaks with the intent that it get
into the hands of alQaeda - particularly as he reasonably expected Wikileaks to
try and keep the bad stuff from alQaeda, which they apparently did try to do.
p.s. I have not looked up the legal standard but it may
not require specific intent, but just the reckless indifference to a known harm
- which this still did not qualify as.