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Am i being hyperbolic here? can it possibly be the case that the government's assertion in aiding the enemy charge was as massively problematic from a precedent perspective as it appears to be? >> i don't think you're being hyperbolic, i think you're being underbolic. i'm not sure what the opposite of that is because i don't think that the judge rejected that line of reasoning. i think what the judge said, yes, government, you're right about where i should set the bar but you didn't get over that bar. basically the judge said if the government had proven bradley manning knew al qaeda was using...

Supplies, money or other thing, knowingly harbors, protects, gives intelligence to, communicates or corresponds with or holds intercourse with the enemy, directly or indirectly, that gives intelligence to here." this isn't related to classified information. that could be things that are not classified if the government can prove its case that it gave intelligence to. >> the definition of intelligence used in this case was information that is helpful to the enemy that is true at least in par. in fact, in closing arguments the government made the argument that any information that casts the unit...