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Bradley Manning's Court Date Finally Set
bs0d3 writes "Bradley Manning has finally been scheduled for a day in court. On December 16, he will have an Article 32 hearing (military pre-trial). Private Manning has been in jail for one and half years. The Article 32 hearing will begin at Fort Meade, Maryland. The primary purpose of the hearing is to evaluate the relative strengths and weaknesses of the government's case, as well as to provide the defense with an opportunity to obtain pretrial discovery. Further trial dates and locations are still unknown."
The primary purpose of the hearing is to instill fear into anyone else who might have access to sensitive information the public might want to know.
cause being held without due process is full of awesome in this country.
At least the charges against him are real.
SJW: Someone who has run out of real oppression, and has to fake it.
In the U.S a 1.5 year prison sentence is just part of a speedy trial.
Having to work for a living is the root of all evil.
And since it's a military trial, he pretty much has to prove not only that he's innocent beyond a shadow of a doubt but further prove who actually did do it. He also has to prove cold fusion using only a pack of gum, a microwave oven, and the complete MacGyver dvd box set.
I'm being facetious, of course, but US military justice isn't famous for its fairness or friendliness to the accused. Just thought people should be aware that he's pretty much screwed whether or not there's any conspiracy to get him convicted.
I shudder to think of a world where "one and a half years" qualifies as "speedy". Or have we forgotten the Bill of Rights?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
I know the government isn't the swiftest thing in the world, but I don't believe it's that slow. And I'm not sure courts martial qualify as "criminal" prosecutions. But I do know that if I were PFC Manning's lawyer, I'd definitely be bringing that up.
And when you get a clearance they make goddamn sure that you understand what happens if you misuse it.
http://www.salon.com/2011/10/23/wikileaks_cables_and_the_iraq_war/singleton/
What changed under Obama? Nothing Good
Yes it does. Laws are written around public opinion. Also, there's whistleblower protection. If you are uncovering corruption, rather than giving aid to the enemy, your actions are not criminal. That may well be the case here. The information released was not of a tactical nature. It didn't disclose troop strengths and numbers, positions, weaknesses, or anything like that. Rather, it exposed a bunch of dirty laundry. Information that shouldn't be classified.
Everything can be waived upon request. However, this is the period where the government conducts its investigation. A big, complex case would mean a long investigation.
Here the soldier is at an advantage over a civilian, because he actually gets to be involved in the hearing and present and cross examine witnesses. A civilian prosecutor can (and often does) hold a grand jury without the interests of the defense being presented, thus the saying about indicting a ham sandwich.
This is one reason why courts martial have a high conviction rate. Most cases that wouldn't result in a conviction don't get referred for trial after an Article 32 hearing. This is how our civilian grand jury system is supposed to work.
Military laws are different than civilian laws. When you sign up for the military, you agree to be subjected to the Uniform Code of Military Justice when you are on duty or deployed. It is related to US civilian laws, but not the same. So if you want to sign up to be a solider, you need to be aware you are held to a different legal standard. A simple example would be that insubordination is against the law in the military.
Then there's the matter of revealing classified data. Military or not when you are given a security clearance, you agree to not reveal classified information. I don't mean they say "You agree to this," I mean you actually sign an agreement, an NDA. It is very much a full disclosure kind of situation in that you understand and agree not to reveal the things you'll be shown.
So you can certainly say he did the morally right thing leaking the information, if you believe that (though I would then ask you to show what information leaked you believe was so important for the public to know) but you can't argue it was legal or that he didn't know it was illegal. Since it was done in military service, that also makes it a military trial.
I keep hearing people saying that. Can you at the least link me to a news story about some squad of soliders that has gotten killed DIRECTLY because of the leaks?
some of which could get people killed.
That sounds an awful lot like the argument used by the government during the pentagon papers trial (New York Times Co. vs. United States). How about showing us the innocent civilians, human rights activists, informants, etc. who have been killed as a result of the leaks?
Meanwhile, Reuters has the video that shows its journalists being killed by a US helicopter strike. The people of the United States have been given a glance at their government's activities, which includes information on the enormous intelligence power that the DEA has amassed. In the middle east, the documents were a catalyst for revolutions that ousted tyrants from power.
Manning broke the law, and it is hard to feel sympathy for someone who knew the danger and chose to leak the documents and videos anyway. However, the leak has been a boon for democracy and a reminder that the US government keeps far too much information secret.
Palm trees and 8
In the end it seemed like a big bowl of nothing
How about the fact that the DEA -- supposedly a law enforcement agency -- has amassed such vast signals intelligence power that dictators are demanding DEA assistance in spying on political opponents? We knew that the war on drugs was out of control before the leak, but this gives a clear indication of just how out of control things are, and shows us why the government considers the DEA to be a member of the intelligence community. It is also a warning sign, because unlike the CIA, FBI, or NSA, the DEA is allowed to engage in both foreign and domestic operations, including intelligence gathering.
Palm trees and 8
Except, as a private in the US military, that was not Bradley Manning's job or duty to decide.
Whose duty was it to correctly classify documents? Why are they not being tried for dereliction of duty?
Give me Classic Slashdot or give me death!
Would you people please READ instead of using talking points?
US troops committed summary execution of Iraqi women and children, then called in an airstrike to destroy the evidence.
DynCorp pimped young boys to Afghani police recruits ("bacha bazi").
If that's a "big bowl of nothing", then I'd like a helping of "bullshit" to go with it.
:(){
Some people would say that much of the information he released shouldn't have been classified in the first place. So, who is really the one misusing it?
And what "some people say" doesn't mean squat, because you don't get to decide that when you enlist. Just like you don't get to decide what uniform to wear or what targets to bomb or who to shoot at.The military is not a democracy.
Life is hard, and the world is cruel
The war was a lie. The President and Cheney declared that Iraq had attacked us. We went there and slaughtered 60K+ people outright, destroyed their electrical generator plants, water systems, gas lines, highways and outright stole their only national resource, the oil under their feet. We did it against the advice of almost every country on earth. We've led to the deaths and torture of almost two million people. We've emptied the country of its people as they fled a 120+ degree hell that now has no jobs, no air conditioning, barely food, and has a government consisting of the son of a bitch, Chalabi, who told Bush and Cheney anything they wanted to hear. He is now in charge of the oil fields and is essentially the secret service. We have installed another bunch of thieves, and you want to "bring our boys home", like they just fought Adolph. That country could not, would not, did not want to attack us. but it had lovely oil, and we stole it.
1) Manning DID NOT release the documents, as you keep asserting. He transmitted them to Wikileaks, a trusted organization that kept secret whistleblowers secret.
2) Wikileaks DID NOT RELEASE a blessed thing; the New York Times, the Guardian of London, and two other papers were given the block of documents, and they and they *alone* released what they thought safe to release after careful review, in which Wikileaks did not participate. If you have a problem, take it up with the newspapers, not Manning, not Wikileaks.
3) The full documents got out after a reporter from the Guardian, I believe, idiotically published the password in an article. Go hang him.
4) Manning and Wikileaks exercise due diligence and made sure that they released nothing harmful to the troops by giving control of the release to responsible reporters who were supposed to know what they are doing. That is precisely how responsible leakers have always done it.
5) The reporters let us see that our troops had committed a savage murder, on camera, and the chain of command had refused to investigate.
6) Large number of stories are now known to us about immoral and illegal acts committed by our government and others. One of those reports triggered the uprising called the Arab Spring. Perhaps you've heard of it.
7) The US government in the past ten years has extended secret classifications to even mundane domestic reports. We even have secret laws that we cannot see, and no-fly lists that cannot be seen or contested. We have a country run in secret down to our police departments. A country that does not know, CANnot know, by law, what is actually happening in their name cannot possess the knowledge to govern themselves, making democracy itself impossible, even illegal. To become informed is to break the law. To break this blockade on truth is to spend 18 months in solitary without charge while they try to get you to falsely implicate others. To try to keep your country free and murderers tried for their crimes, they will lock you up for years without charges and then give you two weeks to get ready for trial after your mind is half gone and you haven't talked to a sane human for so long you can't construct sentences, let alone argue, against the full might of a national secrecy state that likes power and ain't about to give any up to lippy men with notions of right and wrong.
This is not about oaths and laws. This is about what is right, and what is wrong. And knowing enough to understand the different.
Except, as a private in the US military, that was not Bradley Manning's job or duty to decide.
It is not his job until his superiors, whose job it is, fail in their duty. Then it is his obligation to do so. Our executive branch has chronically deprived the citizens of the information necessary for us to make informed decisions about how we wish our military to be employed. When those with standard authority are failing in their duty to keep us informed, it is only those without standard authority who can make the decision.
It is a further failure to satisfy their oaths of office that we have ceased to recognize whistleblower protection. The authoritarians have decided that the notion of citizens as sovereigns is far too inconvenient, and that we can't handle the truth.
Stop-Prism.org: Opt Out of Surveillance
What makes this case so interesting is that he clearly broke the military rules and also clearly helped humanity through his actions and he never gained anything by doing it. He wasn't paid for doing it and he knew people would hate him and that he would be punished hard but he followed his ideals rather than doing what gains him the most personally. He believed in the right of the public to know what their country is actually doing and where their tax money goes.
I see that some of you are angry with him and want him punished but when asked what he actually did wrong you can't argue further than him "breaking the rules" and "acting irresponsible". That he caused or will cause deaths is pure speculation. Maybe you are angry with him because deep inside you know you would never have the balls to pull this off by yourself? Because you know that you are that kind of person that curls into a ball when the authority beats you with a stick and tells you what to do and think. Because being told what to do and think follows naturally when you argue that the government has the right to censor and keep information secret from the public it serves.
What makes this case so interesting is the reactions from people. It tells you a lot of what kind of person you are deep inside.
2A) The NY Times and the London Guardian informed the US government, before publishing anything, that they were in possession of the documents. They invited the US to review what was to be published, and were given the power to edit the documents so that no soldier would be endangered by publication. The US government refused to cooperate. So, please, keep this in mind when you talk about Manning "releasing" documents. All the T's were crossed and the i's dotted.