Discussion in 'Wikileaks' started by Anonymous, Oct 10, 2012.
Bradley Manning's Prosecutor Scolded For Refusal To Open Access To Court-Martial Proceedings
A delay in the delay in justice. The longer these hearing take, the more unlawful pretrial punishment.
Obama kills and tortures Americans. How many will recall this as they go joyfully forth to "vote" for him?
Who gives a shit? Honestly.
That's exactly the problem. Americans don't collectively have two brain cells nor two testicles to rub together, to get them to take back their rights.
Don't get all butthurt over that, now.
Pfc. Bradley Manning offers guilty plea in Wikileaks case - CSMonitor.com
Manning's civilian defense attorney, David Coombs, revealed the offer Wednesday during a pretrial hearing that continues Thursday.
By David Dishneau, Associated Press / November 8, 2012
The U.S. Army soldier charged with sending reams of government secrets to WikiLeaks is offering to plead guilty to some less serious offenses.
Pfc. Bradley Manning's civilian defense attorney, David Coombs, revealed the offer Wednesday during a pretrial hearing that continues Thursday.
Coombs says Manning isn't pleading guilty to the offenses charged by the government. He's offering to take responsibility for less serious offenses that are encapsulated within the charged crimes.
Even if the court accepts the offer, military prosecutors could still try to prove Manning guilty of the more serious charges. They include aiding the enemy, punishable by life imprisonment.
Coombs also says Manning has elected to be tried by a military judge, not a jury, at his trial in February.
Google News updates:
Prediction for Cpl. Manning: 50 more years of what he's been getting for the last 900 days... sadly.
Probably a wise choice. A jury largely consisting of officers (or even partly enlisted as a defendant may elect) would be very unlikely to be sympathetic to Manning. A judge, by comparison, may be more amenable to purely legal arguments as to why Manning is not guilty of the more serious charges, and be less likely to be inflamed by just hating the defendant.
Note that Manning has made a "naked" plea offer, that is, offered to plead guilty to some of the charges without any agreement by the prosecution not to pursue the more serious charges. This probably means that the prosecution has little reason to feel any need to negotiate. The undisputed facts of the case support a conviction for some or most of the counts. A plea offer without conditions may mean that defense counsel believes a defense on these counts would be futile, and that efforts would be better spent trying to save Manning from the more serious charges.
A good site for analyzing the legal issues of this case is the military justice blog CAAFlog, run by a number of military lawyers. The occasional military judge or two shows up as well.
Manning's lawyer David E. Coombs explains the legal procedure at his own website.
Needless to say, he isn't going to give his assessment of his client's chances in a form like "he's screwed." That would, however, be my assessment.
Army private offers plea in WikiLeaks case in exchange for nothing – CNN
"It's definitely not a plea bargain. What he's trying to do is, I guess, lure the government into tolerating this plea and not putting on evidence of those things that he is not pleading to," said Eugene Fidell, a military law expert who teaches at Yale Law School.
But this kind of plea offer does not come with a quid pro quo deal with prosecutors. "He could do this and the government could say, 'That's is all well and good, but we're going to continue to put on our case on the graver charges,'" Fidell said.
That could lead to him being found guilty of aiding the enemy, which could result in a sentence of life in prison.
David Coombs, Manning's lead attorney, may be hoping that this deal helps down the road.
"There's an advantage to showing that you are accepting responsibility for your acts," Fidell said.
More at http://security.blogs.cnn.com/2012/...ea-in-wikileaks-case-in-exchange-for-nothing/
What does this do to the case against Julian Assange? Is Manning pleading guilty to giving info to Wikileaks?
His lawyer's full statement
Analysis: Manning plea carries potential risks and rewards
By Andrew Longstreth - Reuters
The plea tactic seems aimed at achieving two goals, legal experts said.
First, it is seen as an attempt by Manning to curry favor with the judge in a bid for a more lenient sentence. Under this theory, Manning hopes the judge will go easy on him for acknowledging actions he would not be able to refute at trial, said Victor Hansen, a former military lawyer and a professor at New England Law School.
"He can say 'I manned up to what I did,'" said Hansen.
At the same time, Manning could be trying to pare down the prosecution's case to the most difficult charges to prove, including accusations that he intended to aid the enemy, in this case, al Qaeda.
Proving that Manning intended to aid the enemy could require prosecutors to establish that Manning wanted the leaked information to reach al Qaeda, and that is a high legal bar, said David Velloney, a military law expert who is a professor at the Regent University School of Law.
"He's looking to fight the case in the most tactically favorable way and in the light most favorable to him," said Velloney.
But there are dangers in Manning's strategy. Even if the judge accepts the deal, there's no guarantee that Manning will be credited for pleading guilty to certain offenses in this late stage of the case.
By pleading guilty to certain facts, Manning also gives up any right to contest them at trial, which potentially could make it easier for the government to prove its most serious charges.
"That's the cost-benefit analysis you have to do," said Philip Cave, a military law expert in private practice.
More at http://newsandinsight.thomsonreuter...ing_plea_carries_potential_risks_and_rewards/
A lot of this analysis seems to be going on without taking it in the context of what it is: a plea that is being offered at the very time Manning is also pursuing a speedy trial motion.
Manning has been held in allegedly deplorable conditions for nearly three years without a trial. There are death penalty cases that get to trial in less than a year. The defense is arguing they need either to go to trial or dismiss the charges. They can't just hold him for years without trying him for anything. Well, they can and have, but they can't do it without violating his due process rights. Never mind that whole Eighth Amendment "cruel and unusual punishment" thing, since he clearly has mental issues that are being seriously exacerbated by his isolation.
This is bending over backwards to show that while the prosecution has demanded delay after delay after delay, supposedly because the case is too complicated for them to deal with, the defense has consistently been reasonable.
The judge, Col. Denise Lind, has a reputation for fairness among the military bar. The defense may hope that she will take the prosecution's consistently unreasonable conduct into account.
As to why Manning might prefer a bench trial to a jury of his peers? Perhaps this tweet might be explanatory:
Yup, and tweets are now facts.
As Bradley Manning Offers Guilty Plea, Admin Wins Dismissal of Torture Suit Against Donald Rumsfeld
Accused U.S. Army whistleblower Bradley Manning has offered to submit a partial guilty plea on charges of leaking classified documents to WikiLeaks in return for the government agreeing to pursue lesser charges. Manning is reportedly ready to admit to leaking the documents to WikiLeaks but is refusing to plead guilty to the charges of espionage or aiding the enemy.
Manning’s offer comes as a federal appeals court has dismissed a lawsuit against former Defense Secretary Donald Rumsfeld for his role in crafting policies that led to torture in Iraq. The ruling marked a victory for the Obama administration, which followed the Bush administration in seeking the lawsuit’s dismissal.
We’re joined by Guardian columnist Glenn Greenwald.
52-minute video at
Nobel Peace Laureates condemn prosecution of Bradley Manning - Salon.com
Nobel Peace laureates Archbishop Desmond Tutu (Nobel Peace Prize, 1984), Mairead Maguire (Nobel Peace Prize, 1977) and Adolfo Pérez Esquivel (Nobel Peace Prize, 1980) have published a letter in support of Pfc. Bradley Manning in The Nation, following news that the soldier is willing to take responsibility for leaking information to WikiLeaks. The Peace Prize winners wrote against the government’s treatment of the soldier, who has been in prison for over 900 days.
“As people who have worked for decades against the increased militarization of societies and for international cooperation to end war, we have been deeply dismayed by the treatment of Pfc. Bradley Manning,” the letter noted, adding, “Responsible governance requires fully informed citizens who can question their leadership. For those citizens worldwide who do not have direct, intimate knowledge of war, yet are still affected by rising international tensions and failing economies, WikiLeaks releases attributed to Bradley Manning have provided unparalleled access to important facts.”
Lawyer for Bradley Manning to make rare presentation December 3
On Monday, December 3, 2012, David Coombs, lead defense lawyer for WikiLeaks whistle-blower U.S. Army PFC Bradley Manning, will give his first ever public presentation at All Souls Church in Washington D.C. The event is hosted by the Bradley Manning Support Network, with the support of a dozen local and national community organizations. The Support Network is responsible for 100% of PFC Manning's legal defense expenses, alongside an extensive grassroots education effort.
The presentation will directly follow a major pretrial hearing for PFC Manning at Fort Meade, MD, from November 27 to December 2. At that hearing, Coombs will move to dismiss all charges with prejudice based on unlawful pretrial punishment in clear violation of "Article 13" of the Uniform Code of Military Justice. Extensive and detailed evidence documenting the illegally abusive treatment Manning endured at the Quantico Marine Brig, VA, for nine months is expected. The government's denial of PFC Manning's right to a speedy trial will also be before the military court.
There has not "ever been such an egregious case of unlawful pretrial punishment in Army history," Coombs wrote in a recent court motion, calling for dismissal of charges, asking, "if dismissal is not warranted in this case, then in what case would dismissal ever be warranted?"
This handicap-accessible Bradley Manning Support Network event is made possible with the support of the Center on Conscience & War, CODEPINK, Courage to Resist, DC Metro Science for the People, Dorothy Day Catholic Worker - DC, Hiroshima Nagasaki Peace Committee, International CURE, National CURE, National Lawyers Guild, Peace Action Montgomery, Positive Force, Veterans for Peace - DC Chapter, Washington Peace Center, and Witness Against Torture. warisacrime.org
More at www.presstv.ir/usdetail/273832.html
Um, I'm not a lawyer... but Gitmo anyone? If Bradly's case was thrown out due to pretrial treatment wouldn't that set precedence for the Gitmo detainees. Assuming they actually make it to trial.
Wrong Guy, thanks for all the sharing you do! Seriously.
Bradley Manning protest scheduled for November 27 | Washington Blade
By Steve Charing on November 23, 2012
Pfc. Bradley Manning’s defense will face military prosecutors in Ft. George G. Meade in Odenton, Md. from Nov. 27-Dec. 2 to argue that all charges should be dismissed because of “unlawful pretrial punishment.” A protest rally is scheduled for November 27.
Manning is a gay United States Army soldier who was arrested in May 2010 in Iraq on suspicion of having passed classified material to the whistleblower website WikiLeaks. He was charged with a number of offenses, including communicating national defense information to an unauthorized source and aiding the enemy, a capital offense, though prosecutors said they would not seek the death penalty.
Protest organizers say this is one of the defense’s final chances to reduce possible sentencing, second in importance only to the court martial, which begins next Feb. 4. It’s an opportunity for the public to show the military and the media that they still support Manning by coming out to Fort Meade on Nov. 27 to protest what organizers believe constitutes an injustice in the military court.
The rally takes place outside the main gate of Fort Meade at 10 a.m. to demand that Manning’s mistreatment be accounted for. Speakers will include leading members of the Bradley Manning Support Network and partner organizations.
At the hearing, Bradley’s lawyer David Coombs will focus on the abuse Bradley allegedly endured in Quantico, Va. Manning was held for nine months in solitary confinement, in conditions that were declared by U.N. Chief Rapporteur on Torture Juan Mendez to be “cruel, inhuman and degrading.” David Coombs will present evidence that brig psychiatrists opposed the decision to hold Bradley in solitary and that brig commanders misled the public when they said that Bradley’s treatment was for “Prevention of Injury.” Following the protest, people are encouraged to stay for some or all of the hearing.
For directions to Fort Meade’s main gate, visit bradleymanning.org/news/attending-bradleys-hearings. You may contact email@example.com for information about carpooling or offering rides.
USMC Recruiting Office Protest and Action for Bradley Manning
Protest and action at the Berkeley Marine Corps officer recruiting center
2019 Shattuck Avenue on November 27th at 12 noon
One block north from the downtown Berkeley BART, site of 2008 Marine recruiting protests
Manning's lawyers say punishment preceded trial in WikiLeaks case - The Charleston Gazette
By Matthew Hay Brown
BALTIMORE -- By the time he was brought to the Marine Corps brig at Quantico, Va., Army Pfc. Bradley Manning already was world-famous.
The former intelligence analyst had been accused of giving hundreds of thousands of classified documents to the anti-secrecy group WikiLeaks. Now he was to be held for trial on charges that would include violating the Espionage Act and aiding the enemy.
At Quantico, where Manning was held from July 2010 until April 2011, he was singled out for punishment before his case had been heard, his lawyers say. At Fort Meade this week, they plan to ask a military judge to dismiss all the charges against him.
During Manning's first five months at Quantico, the lawyers say, he was held in "the functional equivalent of solitary confinement:" Confined to a six-by-eight-foot cell, with no window or natural light, for more than 23 and a half hours each day.
He was awakened at 5 a.m. each morning and required to remain awake until 10 p.m., his lawyers say. He was not permitted to lie on his bed or lean against the cell wall. He was not allowed to exercise in his cell.
Guards were required to check on his well-being every five minutes. If they could not see him -- if he was asleep under his blanket or turned to the wall -- they would wake him.
His lawyers say those and other "egregious" conditions at Quantico from his arrival to his transfer to Fort Leavenworth, Kansas, amounted to illegal pretrial punishment, in violation of the Uniform Code of Military Justice and the U.S. Constitution.
In court papers, lawyer David Coombs says commanders kept Manning in maximum-security custody and prevention-of-injury status in spite of a favorable security assessment and the recommendations of brig psychiatrists.
According to Coombs, the psychiatrists said Manning did not present a risk to himself, and the prevention-of-injury status was causing him psychological harm.
Coombs says a senior officer, whose name is blacked out on documents he has released, told brig officials that "nothing is going to happen to PFC Manning on my watch" and "nothing's going to change."
Coombs describes the conditions as the "flagrant violation of Pfc. Manning's constitutional right to not be punished prior to trial."
The brig at Quantico was closed in December 2011 as part of the national military base realignment process known as BRAC. A spokesman for the Marine Corps base at Quantico could not be reached for comment on Friday. The Marine Corps and the Pentagon have said Manning was not mistreated.
At the Fort Leavenworth Joint Regional Correctional Facility, Coombs says, Manning, now 24, has been classified as a medium-custody detainee. He has been allowed to eat and socialize with other detainees, walk around without metal shackles and keep personal hygiene items in his cell.
Dwight H. Sullivan, a former Marine Corps attorney who now teaches military law at George Washington University, says military law allows for the dismissal of charges against a suspect who is found to have been punished before trial -- but such cases are rare.
"It's not something that one often sees," Sullivan said. Generally, he said, a judge who finds that a suspect has been punished before trial may credit that punishment against any eventual sentence.
Should the charges against Manning stand, he is seeking a "10-to-1" credit -- a credit of 10 days served for every day he has spent in pretrial confinement.
As such, Sullivan said, Manning has "great incentive" to get his allegations on the record now.
More at http://wvgazette.com/News/201211250089
Pfc. Bradley Manning is expected to testify about his treatment during a pretrial hearing starting Tuesday at Fort Meade. The young intelligence analyst has never spoken publicly about his nearly nine months in the Marine Corps brig in Quantico, Va., from July 2010 to April 2011. The hearing is scheduled to run through Sunday.
More at www.the-daily-record.com/ap%20general%20news/2012/11/26/gi-s-treatment-focus-of-hearing-in-wikileaks-case
But as unfortunate as it is Bradley will be testifying to a military court under the laws of the UCMJ where he truly has no rights.
As much as I think it is wrong each and every soldier who raises their hand to join the military knows you no longer have any rights after the pledge is done. I knew that, so did Bradley, it's wrong what they are doing but the UCMJ does not forgive it only punishes.
Court hears of Bradley Manning's treatment in custody | The Guardian
Article and open comments at
WikiLeaks suspect Manning expected to testify for the first time - The Washington Post
By Julie Tate
The Army private accused of leaking hundreds of thousands of military and diplomatic documents to the anti-secrecy group WikiLeaks is expected to testify in court for the first time as early as Wednesday, part of an attempt by his attorney to convince a judge that his earlier pre-trial confinement was unlawful.
More, and open comments, at
Bradley Manning case heads back to court – CNN
By Larry Shaughnessy
Manning is expected to testify later this week about his treatment at Quantico, according to some of his supporters who have been closely following the case.
More, and open comments, at
Obama approves whistleblower protection as Manning is held indefinitely
As President Obama was signing a federal whistleblower protection law on Wednesday, Pfc. Bradley Manning was appearing before a military court in Fort Meade, Md., only a marathon’s distance away.
More at www.allvoices.com/contributed-news/13494758-obama-approves-whistleblower-protection-as-manning-held-indefinitely
The Humiliation of Bradley Manning
The pre-trial hearing on Pvt. Bradley Manning’s court martial for leaking classified documents about U.S. government wrongdoing has turned up evidence that even Manning’s Marine jailers were worried about the controversy over his degrading treatment in their custody, reports ex-CIA analyst Ray McGovern.
By Ray McGovern
It is a bitter irony that Army Pvt. Bradley Manning, whose conscience compelled him to leak evidence about the U.S. military brass ignoring evidence of torture in Iraq, was himself the victim of cruel, inhuman and degrading treatment while other military officers privately took note but did nothing.
That was one of the revelations at Manning’s pre-trial hearing at Ft. Meade, Maryland, on Tuesday, as Manning’s defense counsel David Coombs used e-mail exchanges to show Marine officers grousing that the Marines had been left holding the bag on Manning’s detention at their base in Quantico, Virginia, though he was an Army soldier.
At Quantico, Manning, who is accused of giving hundreds of thousands of pages of classified material to WikiLeaks, was subjected to harsh treatment. He was locked in a 6-foot-by-8-foot cell for 23 hours a day and was kept naked for long periods. His incarceration led the UN Rapporteur for Torture to complain that Manning was being subjected to cruel, inhuman or degrading treatment or punishment.
According to the e-mail evidence, the controversy over the rough handling of Manning prompted Quantico commander, Marine Col. Daniel Choike, to complain bitterly that not one Army officer was in the chain of blame. Choike’s lament prompted an e-mail reply from his commander, Lt. Gen. George Flynn, offering assurances that Choike and Quantico would not be left “holding the bag.”
However, concerns about possible repercussions from softening up Manning did little to ease the conditions that Manning faced. His Marine captors seemed eager to give him the business and make him an example to any other prospective whistleblowers. Only after a sustained public outcry was Manning transferred to the Army prison at Fort Leavenworth, Kansas.
More at http://consortiumnews.com/2012/11/28/the-humiliation-of-bradley-manning/
My understanding is that the defense is arguing to have the case thrown out due to Manning's cruel and unusual punishment. That would be just, but given the draconian US styley, won't happen.
It's the only argument they have. It's not about whether he did it or not, that's not even worth trying to defend so it leaves them only one option, attack. It won't work though.
They have to make an example of someone, or so I can almost hear the order being given. Sucks to be him. He'll make a nice "Che"-type t-shirt for coming generations, if he's even remembered by other than his family.
Manning mistreated by military, psychiatrist says | guardian.co.uk
The psychiatrist who treated the WikiLeaks suspect, Bradley Manning, while he was in custody in the brig at Quantico has testified that his medical advice was regularly ignored by marine commanders who continued to impose harsh conditions on the soldier even though he posed no risk of suicide.
Captain William Hoctor told Manning's pre-trial hearing at Fort Meade that he grew frustrated and angry at the persistent refusal by marine officers to take on board his medical recommendations. The forensic psychiatrist said that he had never experienced such an unreceptive response from his military colleagues, not even when he treated terrorist suspects held at Guantanamo.
"I had been a senior medical officer for 24 years at the time, and I had never experienced anything like this. It was clear to me they had made up their mind on a certain cause of action, and my recommendations had no impact," Hoctor said.
More at www.guardian.co.uk/media/2012/nov/29/wikileaks-bradley-manning-treatment
They had to keep in under suicide watch, it is the only way they could torture him.
It's about time that those democratic republicans, upholders of due process of law in the land of the free and the home of the brave, honourable men all, let this man speak his peace.
WikiLeaks: Bradley Manning testifies on harsh jail conditions - Josh Gerstein - POLITICO.com
Pfc. Bradley Manning, the Army intelligence analyst accused of leaking thousands of military reports and diplomatic cables to WikiLeaks, broke his silence Thursday at a pretrial hearing here as he described the unusually strict conditions he experienced during the more than eight months he spent in detention at a Marine Corps brig.
Manning said he pleaded with commanders at the Quantico, Va., brig to lessen restrictions that amounted to solitary confinement and sometimes allowed him only 20 minutes of “sunshine call” each day, but officials seemed determined to keep him on a suicide watch or “prevention of injury” status even though military psychiatrists said he didn’t require such precautions.
“I really wanted to get off of this status,” he said. “I wanted to sleep on sheets and blankets and have soap. … That was a high priority.”
Under questioning by defense attorney David Coombs, Manning described initially being detained in Kuwait in July 2010 in what he described as a “cage” in which he was kept up at night. That led him to have a mental breakdown, but he said he recovered when he was transferred to Quantico late that month. But after months on suicide or “injury” watch at Quantico, he again began to lose hope.
“I was getting more and more tired. I started to feel I was mentally moving back into Kuwait mode — that lonely, black hole of a place,” Manning told Army Col. Denise Lind, the military judge.
Reporter Kevin Gosztola is covering the trial. Here's his latest update:
Bradley Manning Takes the Stand: The Beginning of Confinement at Quantico | The Dissenter
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