The oath is to protect the U.S. Constitution, not the nation's secrets (except as follows under general orders and the UCMJ).
> "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Is it necessary to leak these cables to support and defend the Constitution? Probably not. But there is clear precedent that illegal orders (contradicting either the UCMJ or the Constitution) are not supposed to be obeyed.
Espionage charges are laid out in 10 USC 906a: http://www.law.cornell.edu/uscode/usc_sec_10_00000906---a000...
and conviction has to prove "intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation", and the death penalty requires one of a number of aggravating circumstances that don't seem to apply.
He certainly will be locked up, undoubtedly for quite some time, but he's not going to be executed (if the law is followed).
Hasn't he in fact disobeyed the orders of his superior officers by leaking the cables (which were marked "CONFIDENTIAL")?
There are a few reasons why disobeying such an order would be acceptable, but I doubt the military will take it easy on him unless it his obvious that every bit of info he leaked was directly related to some kind of war crime being carried out by his superiors.
I'd argue that due to the leaked cables revealing lots of US Government propaganda, that his act served the constitution by allowing the democratic process to act after it had been hijacked by corrupt leaders.
> "I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God."
Is it necessary to leak these cables to support and defend the Constitution? Probably not. But there is clear precedent that illegal orders (contradicting either the UCMJ or the Constitution) are not supposed to be obeyed.
Espionage charges are laid out in 10 USC 906a: http://www.law.cornell.edu/uscode/usc_sec_10_00000906---a000... and conviction has to prove "intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign nation", and the death penalty requires one of a number of aggravating circumstances that don't seem to apply.
He certainly will be locked up, undoubtedly for quite some time, but he's not going to be executed (if the law is followed).