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18 Berkeley J. Crim. L. 1 (2013)

handle is hein.journals/bjcl18 and id is 1 raw text is: The Unusual Punishment: A Call for Congress to Abolish the Death Penalty under the Uniform Code of Military Justice for Unique Military, Non-Homicide Offenses Lieutenant Commander Rich Federico, JAG Corps, U.S. Navy* INTRODUCTION U.S. Army Private Bradley Manning has been charged with causing the largest leak of classified national security information in the history of the United States. Private Manning is alleged to have turned over thousands of classified documents generated by the U.S. military about the wars in Afghanistan and Iraq and hundreds of thousands of diplomatic documents to Wikileaks for unedited publication on its website.2 One of the criminal offenses charged, aiding the enemy, carries * LL.M. Georgetown University Law Center (2012); J.D. University of Kansas School of Law (2002); B.A. Indiana University (1999). Lieutenant Commander Rich Federico is currently serving as Senior Defense Counsel at Defense Service Office Southeast, Mayport, Florida. He previously served as a defense counsel in the Office of Military Commissions, representing Guantanamo Bay detainees being tried before military commissions for alleged war crimes. The opinions in this article are attributable to the author alone and do not reflect official positions of the U.S. government, Department of Defense, or the Department of the Navy. The author acknowledges Professor John Bessler, Lieutenant Commander Brian Mizer, and Ann Premer for their thoughtful comments, edits, and support. 1 See Julie Tate & Ernesto Londono, Bradley Manning Pleads Guilty to 10 Lesser Charges, Explains Motive, WASH. POST (Feb. 28, 2013), http://www.washingtonpost.com/ world/national-security/manning-pleads-guilty-to-10-lesser-charges/2013/02/28/deed 5b06-81cl-11e2-8074-b26a871bl65a story.html?hpid=z3. 2 See Charge Sheet, United States v. Bradley Manning (Mar. 1, 2011), available at http://graphics8.nytimes.com/packages/pdf/politics/20110302-manning.pdf; see also

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