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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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