Shortly Before April 22, 2011: Obama Says Alleged WikiLeaks Whistleblower ‘Broke the Law’

President Obama says alleged WikiLeaks whistleblower Bradley Manning “broke the law.” The remarks are made at a California fundraiser after Obama is interrupted by a group of protesters, who sing a song pleading for Manning’s release. Manning is currently in jail, but has not been found guilty. “I have to abide by certain classified information,” says Obama. “If I was to release stuff, information that I’m not authorized to release, I’m breaking the law.… We’re a nation of laws. We don’t individually make our own decisions about how the laws operate.… He broke the law.” Steven Aftergood, a classified information expert at the Federation of American Scientists, will criticize Obama’s statement. “The comment was not appropriate because it assumes that Manning is guilty,” says Aftergood. “The president got carried away and misspoke. No one should mistake a charge for a conviction—especially the nation’s highest official.” President of the National Institute of Military Justice and military law expert Eugene Fidell adds, “Commenting on Manning’s conditions of confinement is one thing—I would have strongly advised him to not comment about Manning’s guilt.” However, White House spokesman Tommy Vietor will say that Obama was in fact making a general statement that did not go specifically to the charges against Manning. “The president was emphasizing that, in general, the unauthorized release of classified information is not a lawful act,” he will say. “He was not expressing a view as to the guilt or innocence of Pfc. Manning specifically.” In addition, Aftergood and Fidell will agree that Obama’s remarks will probably not affect whether Manning receives a fair trial. “It’s not that hard to ensure that unlawful command influence hasn’t in fact prejudiced the right to a fair trial,” says Fidell. “If the case goes to a court marshal, the military court will have to make sure that none of the members of the military jury have been influenced by the president’s stated belief that Manning broke the law.” [Politico, 4/22/2011] The remarks will be echoed by Chairman of the Joint Chiefs of Staff Martin Dempsey the next year (see March 10, 2012).