Arrest and charges The Army's Criminal Investigation Command arrested Manning on May 27, 2010, and four days later transferred her to
Camp Arifjan in Kuwait. She was charged with several offenses in July, replaced by 22 charges in March 2011, including violations of Articles 92 and
134 of the
Uniform Code of Military Justice (UCMJ), and of the
Espionage Act. The most serious charge was "aiding the enemy", a
capital offense, although prosecutors said they would not seek the death penalty. Another charge, which Manning's defense called a "made-up offense" but of which she was found guilty, read that Manning "wantonly [caused] to be published on the internet intelligence belonging to the U.S. government, having knowledge that intelligence published on the internet is accessible to the enemy".
Detention While in Kuwait, Manning was placed on
suicide watch after her behavior caused concern. She was moved from Kuwait to the
Marine Corps Base Quantico, Virginia, on July 29, 2010, and classified as a maximum custody detainee with Prevention of Injury (POI) status. POI status is a less extreme form of suicide watch, entailing checks by guards every five minutes. Her lawyer,
David Coombs, a former military attorney, said Manning was not allowed to sleep between 5 am (7 am on weekends) and 8 pm, and was made to stand or sit up if she tried to. She was required to remain visible at all times, including at night, which entailed no access to sheets, no pillow except one built into her mattress, and a blanket designed not to be shredded. Her cell was 6 × 12 ft (1.8 x 3.6 m) with no window, containing a bed, toilet, and sink. The jail had 30 cells built in a U shape, and although detainees could talk to one another, they were unable to see each other. Her lawyer said the guards behaved professionally and had not tried to harass or embarrass Manning. She was allowed to walk for up to one hour a day, meals were taken in the cell, and she was shackled during visits. There was access to television when it was placed in the corridor, and she was allowed to keep one magazine and one book. Because she was in pretrial detention, she received full pay. On January 18, 2011, after Manning had an altercation with the guards, the commander of Quantico classified her as a suicide risk. Manning said the guards had begun issuing conflicting commands, such as "turn left, don't turn left", and upbraiding her for responding to commands with "yes" instead of "
aye". Shortly afterward, she was placed on suicide watch, had her clothing and eyeglasses removed, and was required to remain in her cell 24 hours a day. The suicide watch was lifted on January 21 after her lawyer complained, and the brig commander who ordered it was replaced. On March 2, she was told that her request for removal of POI status—which entailed among other things sleeping wearing only boxer shorts—had been denied. Her lawyer said Manning joked to the guards that, if she wanted to harm herself, she could do so with her underwear or her flip-flops. The comment resulted in Manning's being ordered to strip naked in her cell that night and sleep without clothing. On the following morning only, Manning stood naked for inspection. After her lawyer protested and some media attention, Manning was issued a sleeping garment on or before March 11. The detention conditions prompted national and international concern.
Juan E. Méndez,
United Nations Special Rapporteur on torture, told
The Guardian that the U.S. government's treatment of Manning was "cruel, inhuman and degrading". In January 2011,
Amnesty International asked the British government to intervene because of Manning's status as a British citizen by descent, although Manning's lawyer said Manning did not regard herself as a British citizen. On March 10, State Department spokesman
Philip J. Crowley criticized Manning's treatment as "ridiculous, counterproductive and stupid". The next day, President Obama responded to Crowley's comments, saying the Pentagon had assured him that Manning's treatment was "appropriate and meet[s] our basic standards". Under political pressure, Crowley resigned three days after his comments. On March 15, 295 members of the academic legal community signed a statement arguing that Manning was being subjected to "degrading and inhumane pretrial punishment" and criticizing Obama's comments. On April 20, the Pentagon transferred Manning to the medium-custody
Midwest Joint Regional Correctional Facility, at Fort Leavenworth, Kansas, where she was placed in an 80-square-foot cell with a window and a normal mattress, able to mix with other pretrial detainees and keep personal objects in her cell.
Evidence presented at Article 32 hearing In April 2011, a panel of experts, having completed a medical and mental evaluation of Manning, ruled that she was fit to stand trial. An
Article 32 hearing, presided over by
Lieutenant Colonel Paul Almanza, was convened on December 16, 2011, at
Fort Meade, Maryland; after the hearing, Almanza recommended that Manning be referred to a general court-martial. She was
arraigned on February 23, 2012, and declined to enter a plea. During the Article 32 hearing, the prosecution, led by Captain Ashden Fein, presented 300,000 pages of documents in evidence, including chat logs and classified material. The court heard from two Army investigators: Special Agent David Shaver, head of the digital forensics and research branch of the Army's Computer Crime Investigative Unit (CCIU); and Mark Johnson, a digital forensics contractor from
ManTech International, who works for the CCIU. They testified that they had found 100,000 State Department cables on a workplace computer Manning had used between November 2009 and May 2010; 400,000 military reports from Iraq and 91,000 from Afghanistan on an
SD card found in her room in her aunt's home in Potomac, Maryland; and 10,000 cables on her personal MacBook Pro and storage devices that they said had not been given to
WikiLeaks because a file was corrupted. They also recovered 14 to 15 pages of encrypted chats in unallocated space on Manning's MacBook hard drive between Manning and someone believed to be Assange. Two of the chat handles, which used the Berlin
Chaos Computer Club's domain (ccc.de), were associated with the names Julian Assange and Nathaniel Frank. The investigators testified they had also recovered an exchange from May 2010 between Manning and Eric Schmiedl, a Boston mathematician, in which Manning said she was the source of the Baghdad helicopter attack ("Collateral Murder") video. Johnson said there had been two attempts to delete the material from the MacBook. The operating system had been reinstalled in January 2010, and on or around January 31, 2010, an attempt had been made to erase the hard drive by doing a "
zero-fill", which involves overwriting material with zeroes. The material was recovered after the overwrite attempts from unallocated space. Manning's lawyers argued that the government had overstated the harm the release of the documents had caused and had overcharged Manning to force her to testify against Assange. The defense also raised questions about whether Manning's confusion over her gender identity affected her behavior and decision making.
Guilty plea, trial, sentence The judge, Army
Colonel Denise Lind, ruled in January 2013 that any sentence would be reduced by 112 days because of the treatment Manning received at Quantico. On February 28, Manning pleaded guilty to 10 of the 22 charges. The trial began on June 3, 2013. On July 30, Manning was convicted on 17 of the 22 charges in their entirety, including five counts of espionage and theft, and an amended version of four other charges; she was acquitted of aiding the enemy. The sentencing phase began the next day. A defense psychiatrist, testifying to Manning's motives, suggested a different agenda: On August 14, Manning apologized to the court: "I am sorry that my actions hurt people. I'm sorry that they hurt the United States. I am sorry for the unintended consequences of my actions. When I made these decisions I believed I was going to help people, not hurt people. ... At the time of my decisions, I was dealing with a lot of issues." Manning's offenses carried a maximum sentence of 90 years. The government asked for 60 years as a deterrent to others, while Manning's lawyer asked for no more than 25 years. On August 21 she was sentenced to 35 years in prison, reduction in rank to
private (private E-1 or Pvt), forfeiture of all pay and allowances, and a
dishonorable discharge. She was given credit for 1,293 days of pretrial confinement, including 112 days for her treatment at Quantico, and would have been eligible for parole after serving one-third of the sentence. by
The Guardian and as "excessive" by
The New York Times. On April 14, 2014, Manning's request for clemency was denied; the case went to the
United States Army Court of Criminal Appeals for further review.
Requests for release On September 3, 2013, Manning's lawyer filed a Petition for Commutation of Sentence to
President Obama through the
pardon attorney at the Department of Justice and
Secretary of the Army John M. McHugh. The petition contended that Manning's disclosures did not cause any "real damage", and that the documents in question did not merit protection, as they were not sensitive. The request included a supporting letter from Amnesty International which said that Manning's leaks had exposed violations of human rights. David Coombs's cover letter touched on Manning's role as a
whistleblower, asking that Manning be granted a
full pardon or that her sentence be reduced to time served. In April 2015, Amnesty International posted online a letter from Manning in which she wrote: "I am now preparing for my court-martial appeal before the first appeals court. The appeal team, with my attorneys
Nancy Hollander and Vince Ward, are hoping to file our brief before the court in the next six months. We have already had success in getting the court to respect my gender identity by using feminine pronouns in the court filings (she, her, etc.)." In November 2016, Manning made a formal petition to Obama to reduce her 35-year sentence to the six years of time she had already served. On December 10, 2016, a
White House petition to commute her sentence reached the minimum 100,000 signatures required for an official response. Lawyers familiar with clemency applications said in December 2016 that a pardon was unlikely; the request did not fit the usual criteria.
Commutation, release, and appeal In January 2017, a Justice Department source said that Manning was on Obama's short list for a possible commutation. On January 17, Obama commuted all but four months of Manning's remaining sentence. In 2021,
Forbes reported that Obama's commutation of Manning's sentence was "unconditional". Notwithstanding her commutation, Manning's military appeal would continue, with her attorney saying, "We fight in her appeal to clear her name." On January 26, 2017, in her first column for
The Guardian since the commutation, Manning lamented that Obama's political opponents consistently refused to compromise, resulting in "very few permanent accomplishments" during his time in office. As
The Guardian summarized it, she saw Obama's legacy as "a warning against not being bold enough". In response, President
Donald Trump tweeted that Manning was an "ungrateful traitor" and should "never have been released". Manning was released from Fort Leavenworth's detention center at approximately 2 a.m. Central Time on May 17, 2017. Although sentenced during her court-martial to be dishonorably discharged, Manning was reportedly returned to active unpaid "
excess leave" status while her appeal was pending. On May 31, 2018, the
U.S. Army Court of Criminal Appeals upheld Manning's 2013 court-martial conviction of violating the
Espionage Act. The court rejected Manning's contention that the statute was too vague to provide fair notice of the criminal nature of disclosing classified documents. "The facts of this case", the three-judge panel ruled, "leave no question as to what constituted national defense information. Appellant's training and experience indicate, without any doubt, she was on notice and understood the nature of the information she was disclosing and how its disclosure could negatively affect national defense." The court also rejected Manning's assertion that her actions in disclosing classified information related to national security are protected by the First Amendment. Manning, the court found, "had no First Amendment right to make the disclosures—doing so not only violated the nondisclosure agreements she signed but also jeopardized national security". On May 30, 2019, the
U.S. Court of Appeals for the Armed Forces denied Manning's petition for grant of review of the decision of the U.S. Army Court of Criminal Appeals.
2019 jailing for contempt during the
coronavirus pandemic in April 2020, forty days after her release from jailIn February 2019, Manning received a subpoena to testify in a U.S. government case proceeding under prosecutors in Virginia against Assange, the existence of which had been accidentally revealed in November 2018. Manning objected to the secrecy of the grand jury proceedings and announced she would refuse to testify, saying: "We’ve seen this power abused countless times to target political speech. I have nothing to contribute to this case and I resent being forced to endanger myself by participating in this predatory practice." She added that she had provided all the information she had in 2013 during her court martial and that she stood by her previous answers. On March 8, 2019, Manning was found in
contempt of court and jailed in the women's wing of a detention center in Alexandria, Virginia, with the judge conditioning her release on her testifying or the grand jury concluding its work. Manning was initially held in administrative segregation for 28 days until she was placed in the general population on April 5, 2019. Her supporters described her period in administrative segregation as "effective solitary confinement" as it involved "up to 22 hours each day spent in isolation". Officials at the facility said that administrative segregation was used for safety reasons and that prisoners still had access to recreation and social visits during that time. After the grand jury's term expired, Manning was released on May 9, 2019, and was served with a subpoena to appear before a new grand jury on May 16. She again refused to testify, saying that she "believe[d] this grand jury seeks to undermine the integrity of public discourse with the aim of punishing those who expose any serious, ongoing, and systemic abuses of power by this government". The court ordered her returned to jail and fined $500 for each day over 30 days and $1,000 for each day over 60 days. In June 2019, she challenged the fines because of inability to pay. On December 30, 2019,
United Nations special rapporteur Nils Melzer released a letter dated November 1, 2019, in which he accused the U.S. government of torturing Manning, called for her immediate release, and called for her court fines to be canceled or reimbursed. On March 11, 2020, Manning attempted suicide two days before she was scheduled to appear before a judge on a motion to terminate sanctions. Alexandria Sheriff Dana Lawhorne reported that Manning was safe and her lawyers said she was recovering in a hospital. He denied a request by Manning's lawyers to vacate her accrued fines of $256,000, which he ordered due and payable immediately. The same day, a supporter launched an online
crowdfunding campaign to defray Manning's fines. Within 48 hours, nearly 7,000 donations ranging from $5 to $10,000 were received, totaling $267,000. A separate crowdfund by the same supporter raised an additional $50,000 to help pay Manning's post-incarceration living expenses. In January 2021, in refusing to extradite Assange to the U.S. for trial on federal charges,
UK District Judge Vanessa Baraitser cited Manning's March 2020 suicide attempt to support finding that, if exposed to the "harsh conditions" of incarceration in America, "Assange's mental health would deteriorate, causing him to commit suicide". ==Reaction to disclosures==