“It’s very disturbing that the law forbade Manning from mounting a defense that took into account the public interest in any of her disclosures,” said ACLU staff attorney Esha Bhandari in a press statement.

“It violates the First Amendment for the government to punish the disclosure of truthful information without any consideration of whether the information was important to public discourse. The result is that the government is left free to inappropriately crack down on disclosures about its own misconduct, depriving the public of a vital check on government power,” she added.

Bhandari, along with ACLU staff attorney Dror Ladin, point to the “selective prosecution of those who disclose government information,” and contrast Manning’s imprisonment with treatment of leakers at the highest levels, such as Retired General David Petraeus.  In a blog post for the ACLU entitled “Why the Prosecution of Chelsea Manning Was Unconstitutional” they write:

“Manning’s severe punishment is a perfect example of the government picking and choosing who can speak to the press,” they continue, calling it a cherry-picking that “is profoundly dangerous to our democracy.”

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