what are we looking at, aiding the enemy, espionage, treason? >> if you look at the substance of the allegations, i think the two main charges that are going to be triggered under the uniform code of military justice, which is the military's version of our penal law, spying and espionage. now, i think there's probably a good defense with respect to the spying charge, because under the ucmj, before you can be convicted of spying there has to be a congressionally declared state of war, and we had the force authorization but not the congressional declaration of war. gregg: what about espionage, because some kinds of espionage carry the death penalty. >> like spying espionage can be punishable by death. with the elements of an espionage case you basically have to prove that private manning conveyed information with intent or reason to know that that information will be used to the advantage of a foreign enemy or the injury of the united states. the rub is that to get death penalty on an espionage case the information has to be of