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Bradley Manning (WikiLeaks Source) Given Hearing After 2 Years In Jail

TrueSatan writes "Finally, Bradley Manning's military court case starts. He's only had to wait 2 years to be heard. Manning claims that while remanded in custody in Iraq he 'passed out due to the heat' and 'contemplated suicide.' The United Nations special rapporteur on torture found Manning's detention was 'cruel and inhuman.' Manning wants the case against him to be dismissed because his pre-trial punishment was so severe. Manning's attorney, David Coombs, earlier released an 11-page letter detailing the conditions of Manning's confinement. Manning offered guilty pleas to minor charges, but not to spying, aiding American enemies or treason, and those pleas have been accepted by the judge."

14 of 369 comments (clear)

  1. Re:Case dismissed? by flonker · · Score: 5, Insightful

    He's lucky he is getting a case at all. Traitors should be subject to summary execution during wartime.

    "Congress shall have power to ... declare War"
            - http://www.usconstitution.net/xconst_A1Sec8.html

    I don't recall seeing any Congressional declaration of war.

  2. crime and punishment by magic+maverick+ · · Score: 5, Insightful

    Punishment. In civilized places we don't punish people. We attempt to rehabilitate them, and to prevent them from continuing to commit acts against others. But we don't punish them. The fact that the conditions that Manning has been held in equate to punishment, when he hasn't even had a trial and been convicted, is a disgrace. There should be outrage from the international community (at least those places that claim the labels "liberal" and "democratic").

    Personally I'm not even convinced he leaked all that stuff. What did he get out of it? But props to whomever did leak those cables. It was a great service to the world. Highlighting hypocrisy by the US government, and also some of the nastiness done by other nations with the tacit support, and knowledge, of the US government.

    Also, the pleas have not "been accepted by the judge" according to the BBC.

    Earlier on Thursday, the case judge accepted the terms under which Pte Manning would plead guilty to eight charges for sending classified documents to Wikileaks.
    He could face up to 16 years in prison for those charges.
    Col Denise Lind's ruling does not mean the pleas have been formally accepted.

    Why would he offer to plead guilty if he, as I suggest, didn't even do the crime? Because the conditions are so awful. It's long been the case that innocents have been tortured and then confessed. (I've been reading the Arabian Nights, and someone confessed to thieving because they were being beaten so much, and then they had their hand cut off. But they didn't actually do the crime.) Manning is being tortured.

    Even just preventing him from seeing properly (taking his glasses away) is mistreatment.

    --
    HELP MY ACCOUNT HAS BEEN HACKED BY AN ILLIBERAL ART STUDENT SET TO DESTROY THE INTERWEBZ!
  3. 2 years in jail without a hearing??? by Fool106 · · Score: 5, Insightful

    USA! USA! USA! USA! /trolling

  4. Re:... likely outcome by dkleinsc · · Score: 5, Insightful

    His pretri detention was done in accordance with military law which differs from civilian in a number of ways, so even though his trial was not started as quickly as normal or that things were rough in Iraq may well have no impact on the outcome.

    The UCMJ is very clear: military personnel do not relinquish their constitutional rights. Yes, military law is different, but they're still required to have a speedy and public trial, and are still prohibited from engaging in cruel and unusual punishment. Manning has a strong argument that both of those were violated.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  5. Too many missing the point by kcurtis · · Score: 4, Insightful

    He is not a civilian. He is a sworn member of the military. Civilian laws only apply under very limited situations. He violated his oath. He committed espionage while on active duty. And while I agree that there has been a slow, dangerous process of reducing our civil liberties, this has nothing to do with the Manning case. It is a red herring that ignores the fact that Manning is a traitor who performed his crimes while a sworn, active member of the military. He is lucky that the military no longer pushes for capital punishment for these cases.

  6. Re:... likely outcome by tnk1 · · Score: 5, Insightful

    You know, there's a difference between being ordered to shoot some civilians in Vietnam, and deciding that you are going to break published classification rules that everyone is aware of, when no one's life is immediately at stake. And, more to the point, grabbing everything you can on the classified network, so you can release it en masse to a third party that isn't even run by people from your own country.

    I'm sorry, but that's not heroism or "not following an illegal order", it's crass irresponsibility.

  7. Re:... likely outcome by characterZer0 · · Score: 4, Insightful

    trust in the military that is essential to the mission

    What if the mission is wrong?

    --
    Go green: turn off your refrigerator.
  8. Re:... likely outcome by Anonymous Coward · · Score: 4, Insightful

    Good.... and you know what there is also a necessity for trust in the military and it's actions. When the military commits crimes and they cover them over in the name of national security then there is no trust. After all that if you still trust and believe, then you are a fool.

    I'm sorry I don't believe in national security at all costs, because it's usually just bullshit that those at the top invent to cover over their own crimes and inadequacies.

    Wiki leaks uncovered some things that we had every right to know. I mean after all it was all being done in our name right?

  9. Re:... likely outcome by drakaan · · Score: 4, Insightful

    ...Does the UCMJ contemplate the use of torture ? Because torture is what Manning has had to endure for the last 2 years awaiting for a trial. This trial is a farce, as were farce the trials held in the old good Soviet Union...

    You're conflating two different issues. One is whether the conditions of his confinement were acceptable or appropriate, the other is whether he did something sufficiently inappropriate as to be considered treason.

    Does a long confinement that might be considered torture change the events that led to the confinement? No. It may well be the thing that keeps Manning from facing a life sentence, since it helps place public favor more on his side.

    As was mentioned before, there are channels by which unlawful acts can be reported without concern for retribution. It's not a perfect system, but it does work. Manning could have contacted the Adjutant General and made sure that both operational security and the law of war and human rights were respected, but he chose not to.

    That was his decision, and none of us can say whether it was the most correct thing to do, morally, but we can definitely say that it was unlawful, according to the rules that Manning agreed to follow when enlisting in the US military.

    --
    "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  10. Re:... likely outcome by MasaMuneCyrus · · Score: 5, Insightful

    I can accept the idea that Manning's actions were crass, irresponsible, stupid, and cowardly. Instead of seeing some injustice and leaking information of that injustice to the outside world, he chose to just grab everything he could and dump it. In retrospect, the information that he leaked was probably not dangerous to anyone, and it did, indeed, expose deep tentacles of corruption in the US government. However, there is no way that he read everything that he leaked, and he did, as you say, just send massive amounts of classified information -- most of which he had no idea of the content (because there was too much to read) -- to a foreign third party with a sometimes unclear agenda.

    HOWEVER, none of this warrants torture, and as an American I hope that Manning's lawyers win their trial. It is an unprecedented chilling effect and incomprehensibly unjust that, in the United States of America, a foolish whistleblower would be tortured to set an example for future whistleblowers. Torture of any kind, mental or physical, is clearly unconstitutional and is unquestionably both anti-American (as in, it betrays the values that we base our country's existence on) and evil.

  11. Re:Save the taxpayers money... by ScentCone · · Score: 4, Insightful

    Yes! He clearly was on a noble quest to shed light on specific people and practices that were unjust or corrupt! Yay!

    That explains why he was doling out things like the identities of people supporting the freedom movement in Iran, so that their families can be hounded by the regime there. That explains why he went out of his way to expose carefully created covert operations aimed at defaning groups like Al Queda as they and their buddies try to Taliban-ize exciting new destinations in Africa. We sure don't want to have fragile local governments there having any quiet support while they deal with groups that like to shoot school teachers in the head for teaching girls to read! Manning has bravely helped to make sure that support given to local governments in places like that is done in a way that will allow jihaddist nut jobs to better hunt down and kill those who would organize against them in such places. What a hero! What a freedom loving individual! Yay for him!

    --
    Don't disappoint your bird dog. Go to the range.
  12. Bleating "but he broke the laaaaw" is BULLSHIT by Uberbah · · Score: 5, Insightful

    Where are the military tribunals for those who committed torture under the Bush Regime.

    Where are the military tribunals of evangelical officers and generals for proselytizing to the troops.

    Where are the Espionage Act prosecutions of Libby, Rove, Armitage et all over revealing Valerie Plame's status as an undercover CIA officer. Who worked on non-proliferation, something a weee bit more important than than cables where the "worst" result was embarrassment to the U.S.

    Where are the criminal prosecutions for mass warrantless wiretapping.

    Where are the criminal prosecutions for murder-by-drone.

    Where are the criminal prosecutions for the bankers that looted the economy.

    And finally, where are the Concerns for military procedure when it comes to Obama's unlawful command influence?

    Using the civilian or military justice system to shield your friends and yourself while threatening your political enemies with life in prison or even death is simply disgusting, as are those who excuse it.

  13. Re:... likely outcome by erroneus · · Score: 5, Insightful

    A veteran here too.

    I hold that the mission is currently wrong. It was wrong when I was in... I just didn't know it at the time. The fact is, we aren't fighting for our freedom. We're fighting for someone's continued profit and domination and to ensure that the US remains the dominant power and by extension, the people who use the US's power to their will. I think everyone, regardless of the side of the issue they may have, agrees that the US and the US military have exceeded its purpose under the constitution. "Private interests" are now the current mission of the US military and the US government.

    So yes. The mission is wrong.

  14. Re:... likely outcome by TheCarp · · Score: 4, Insightful

    > When you are in the military, you agree to follow the chain of command. If you don't like it, don't
    > work for the military and then start complaining about the rules.

    However you also trust that that chain of command is working in the best interests of the people. When it becomes obvious that they are not, like when they are not actively prosecuting incidents like we saw in collateral murder, then I would say they broke the trust first.

    --
    "I opened my eyes, and everything went dark again"