B) it was on school property. That means lots of children who could potentially have been harmed, and that means lots of parents who could potentially sue the school system.
Let's be a little precise about our choice of words. This chemistry experiment doesn't create a giant fireball or spray of metallic shrapnel. It creates an exploding plastic soft drink bottle. The explosion itself is also low velocity. Rather than saying "lots of children", we really mean "about a dozen children." When we say "harmed", we really mean "scratched by flying plastic" as long as proper eye protection is worn. This was, unquestionably, a violation of the school's rules and being expelled may be an appropriate response. Let's not pretend, though, that this was really a significant public safety hazard. There's no reason to make an "example" out of this student.
As a side note, I actually had a teacher demonstrate this experiment in my high school physics class(more than 10 years ago, at this point). We determined the force of explosion and then used the force of the exposition to calculate to how far away we would have to stand in order to be safe. I directly attribute my interest in physics to how fun and exciting this experiment was.
1. knowlingly harbors.
2. Protects
3. gives intelligence to
4. communicates [with]
5. corresponds with
6. holds any intercourse with the enemy [Woohoo! - kidding]
1 is obviously not applicable here. 2 is probably not applicable. I was arguing that 4-6 weren't applicable. Item #3 depends on whether one considers Wikileaks to be "the enemy" unless one thinks that any whistleblower, by definition, is guilty of treason. If dywolf is correct in his/her response to me, I would argue an overly broad definition of the concept of "the enemy". 6 Falses joined with an Or is a false.
I may be wrong here, though. I'm not a legal expert. Maybe there's an inferred comma I'm missing.
(2) without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly;
If I were Manning's defender, I would argue that he did not either communicate or correspond with the enemy either directly or indirectly. It's pretty clear there wasn't any correspondence. Manning and Bin Laden weren't writing letters back and forth to each other. He communicated with Wikileaks. To my knowledge, Congress hasn't declared war on Wikileaks. It isn't even a foreign government. Direct communication is out, then. How about indirect communication? Well, maybe. If that's so, then any soldier appearing in the media is communicating with the enemy since section 2 doesn't actually require any information change hands.
Uniform Code of Military Justice
Article 104 - Aiding the enemy
"Any person who--"
(1) aids, or attempts to aid, the enemy....."
I may be wrong here, but I'm relatively certain that since the UCMJ uses the word "attempt" that the prosecution needs to establish Manning's intent in releasing the information. Was his intent to aid the enemy? I don't know. The fact that he attempted to go to the New York Times first seems to suggest that his intent was to release important information that he probably thought the military was inappropriately covering up.
Suppose there's a soldier interested in math and cryptography stationed in a less than pleasant section of Afganistan. Suppose, when he isn't on duty, he's reading an applied cryptography text and suppose that text gets damaged somehow. Finally, suppose he decides to throw the damage text away but it is retrieved by some enemy combatant with a talent for math who uses it to learn how to encrypt his cell's communications more effectively. Was the soldier attempting to aid the enemy? No. There's clearly no intent. One might suppose the soldier was behaving negligently... but he clearly wasn't acting treasonous.
No need for me to prove that the information was worth anything to the enemy.
That's true. There may, however, be a need to prove that Manning believed the information to be valuable to the enemy. It's difficult intend to aid the enemy by giving them something that wouldn't help them. If Manning didn't believe the information would be beneficial to the enemy, he couldn't have been attempting to aid them. Furthermore, it doesn't follow that information important to the American public would necessarily be information valuable to the enemy.
Suppose the army started giving soldiers some pill packed full of nutrients which could be carried in place of food. Given all the organic food freaks out there, this might be something the public would care about. It might even be a source of criticism. If the organic food freaks end up convincing congress that this pills is unhealthy, it might also hamper military operations. Would blowing the whistle on this nutrient pill be aiding the enemy? No way.
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