12 Sep 2012

Rule Of Law Abandoned For Bradley Manning

By Nathan Fuller
How will we know whether or not Bradley Manning has broken the law? Nathan Fuller of the Bradley Manning Support Network with the latest on the campaign to ensure a fair trial
Bradley Manning's critics need to be more careful if they want to accuse him of breaking the law. The real outrage is the way prosecutors and the military more broadly have handled his case: the Marines and Army have violated their own code of justice in several ways, for several months, precluding a fair trial and making a mockery of the rule of law.

The complaints of critics reveal the fundamental hypocrisy in Manning's case — the rule of law is not applied evenly. While war criminals, torturers, and known murderers walk freely, the military is aggressively punishing the messenger who exposed heinous crimes and rampant abuse. Prosecutors go beyond disciplining a soldier for stepping out of line, attempting to associate whistle-blowing with terrorism by charging Manning with "aiding the enemy."

The most prominent injustice is what drew many to Manning's plight in 2011: his abusive, brutal, and illegal treatment at the Quantico Marine Brig. Against nine months of recommendations of brig psychiatrists, Bradley saw sunshine only 20 minutes each day, was kept in solitary confinement, was put on prevention of injury watch, and was forced to stand nude nightly. The military says these conditions were in Manning's best interest, that he was a suicide risk and without this treatment he would've harmed himself.

Newly surfaced emails reveal the truth: that three-star Lt. Gen. George Flynn, removed from Quantico and likely taking orders from the Pentagon, ordered Manning's abusive treatment and ignored psychiatrists to keep Manning in solitary confinement. Such treatment is clearly punitive and therefore a violation of the Uniform Code of Military Justice (UCMJ). Manning's lawyer, David Coombs, is motioning to dismiss charges based on this punitive treatment on 27 November. We'll see if Judge Lind will hold the Marines accountable.

By the time that motion is argued, Manning will have spent 919 days in prison without a court martial. A speedy trial would've started nearly two years ago. Instead, delay after delay pushes litigation back further. Critics note that David Coombs had to ask for several delays, pushing the trial back himself. But in several cases, delays arose because the prosecution explicitly withheld basic documents that were material to the defence. For example, on 26 July, at 7:50 PM, just hours before the defence filed the motion to dismiss based on pretrial punishment, the prosecution handed over 84 emails relating to that punishment and revealed that there were 1290 more, which it later turned over in court. The prosecution sat on those emails for at least six full months before giving them to the defence at the eleventh hour, forcing Coombs to delay litigation of the motion to dismiss.

Similarly, the prosecution stalled in handing over thousands of discovery documents regarding the State Department's reaction to WikiLeaks' releases, and only did so when Lind finally forced their hands.

But how can Lind fairly adjudicate a trial that has already been ruled on by her superior officers? In April 2011, President Obama, Commander-in-Chief of the Armed Forces whom all inferior officers answer to, decreed that Bradley Manning "broke the law". Echoing his commanding officer in March 2012, General Martin Dempsey, Chairman of the Joint Chiefs of Staff, said that Manning "did violate the law".

Dempsey and the President should take note: it is unlawful command influence and a direct violation of the Uniform Code of Military Justice for either of them to have declared Bradley Manning guilty before trial. Both officials may say their comments were off-hand, but the message has been clearly sent to the judge, Col. Denise Lind — to rule in favor of Bradley Manning is to contradict your commanding officers.

So throughout these lengthy pretrial proceedings, PFC Manning's due process rights have been deprived or infringed upon in many ways. But even before the process began, we knew that the rule of law was not being applied evenly. Instead, it's aggressive persecution for the conscientious soldier and leniency or full immunity for officials in power.

Look at the treatment given to the war criminals that Manning exposed.

None of those revealed in the Collateral Murder video to have killed innocent Iraqi civilians and their rescuers have been prosecuted. None of the soldiers who handcuffed and summarily executed an Iraqi family, including women and toddlers, are on trial. Those who have been caught committing mass atrocities have been given light punishment, if any. Staff Sergeant Calvin Gibbs, ringleader of the "Kill Team" in Afghanistan that murdered unarmed civilians and took their body parts as souvenirs is in prison, but is eligible for parole in less than 10 years. Marine Staff Sergeant Frank Wuterich, who ordered the 2005 Haditha massacre that killed 24 innocent Iraqis (including children), got no jail time at all. None of the Marines who carried out the killings were even prosecuted.

Several more WikiLeaks revelations uncovered criminal acts. Hillary Clinton ordered US officials to spy on members of the UN. US officials covered up child abuse by Afghan contractors. The former president of Yemen took credit for attacks in his own country carried out by the United States. None of them face trial.

So much for the rule of law that Bradley Manning's critics tout so widely. Those who commit war crimes get leniency or a welcome-home golf tournament; those who expose war crimes face life in prison without parole, and solitary confinement before trial to boot.

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jackal01
Posted Wednesday, September 12, 2012 - 20:28

Nathan Fuller, good article.

But then again we should all have known what that Pathetic Nation is Capable of.

It started 2 World Wars to become the Empire, to continue raping, pillaging and plundering when the English Empire finaly went broke fighting those 2 wars against a superior army, to save itself or its Aristocratic Masters from economic ruin.

We have had nothing but lies out of that Nation of Morrons, so what do you expect. And this is what the Yanks are still desperately trying to hide, that they have always been behind evil, thats why their so religious, they are devils hidding in the house of GOD.

Students guide to World History 1789-1979.
“The bulk of industry was in the hands of the 'big four' - Britain, Germany, France and the United States. They had controlled 80% of the world's manufacturing output in 1870 and still controlled 72% of it in 1914. Even within this privileged group there was extreme uneveness: France fell badly behind the others in the 1870's; and between 1870 and 1914, while Britain's manufacturing output doubled, that of Germany increased fivefold, and that of the United States sevenfold. The astonishing progress in the United States meant that by 1900 the industrial centre of gravity of the world had shifted away from Europe.

RANK IN INDUSTRIAL PRODUCTION, -1900
1860 Britain France U.S.A. Germany
1870 Britain U.S.A. France Germany
1880 U.S.A. Britain Germany France
1890 U.S.A. Britain Germany France
1900 U.S.A. Germany Britain France and take note that WW1 and WW2 soon followed to restore France and England to their rightful places.

Within Europe, unevenness of development can be further observed by means of two interesting comparisons. Thus, the relatively 'old' industrial country, France, whose industrial 'take-off' began in the 1830's, was being overhauled by Russia, whose 'take-off' did not begin until the 1880's: in the period 1870~1914, France's coal production grew from 13 to 40 million tons, but Russia's from less than one million to 36 million; France's pig-iron production grew from 1.2 to 4.6 million tons, but Russia's from .5 to 3.6 million. Even more significant was the success of Germany in overhauling the pioneer of the Industrial Revolution, Britain. While Britain's coal producction grew from 112 to 292 million tons between 1870 and 1914, Germany's grew from 34 to 277 million tons. The corresponding figures for pig-iron were: Britain's from 6 to 11 million tons; Germany's from 1.3 to 14.7 million tons. Moreover, by 1914 Germany was producing 14 million tons of steel compared to Britain's 6.5 million tons. Germany was making much more effective use than Britain of the new industries of the 'Second Industrial Revolution', especially steel, chemicals and electricity.

The U.S is the home of Marilyn Monroe and Hollywood, so what can we expect.

roma
Posted Thursday, September 13, 2012 - 19:16

@jackal01, and your point is?

jackal01
Posted Thursday, September 13, 2012 - 19:29

roma

The Yanks are and always were low lifes, Bradley Manning apparently gave Wikileaks the opportunity to expose them for what they always were and will be.

Let me clarify, Americans as individuals are the same as us and every other human being, but as a Nation, to feed their Gentry/Aristocracy they are brain dead fools.

Now if you can't get that Roma, your obviously a Yank and maybe not a very smart one either, madly Patriotic but thats about it and, its nothing to be proud of. Fools are Fools.

TVOTW888
Posted Thursday, September 13, 2012 - 23:49

For the last word on Pfc Bradley Manning and Julian Assange - 911 - Afghanistan & Iraq - view #unspeakableevil@TheGlobalFund - on Twitter - in 4 parts - view in HD. KEYPOINT - Osama Bin Laden had nothing whatsoever to do with 911. FIND OUT who did.

The world needs to speak with one voice on these matters. Simply follow the steps at the end of 'Unspeakable Evil'.

If it is within our power to bring the real perpetrators of 911 to justice - don't you think the victims would want us to do so ???

Please do your part simply by following - @TheGlobalFund - on Twitter - with complete anonymity - before they trigger WORLD WAR 3 with their planned attack on Iran.

Thank you.

Examinator
Posted Friday, September 14, 2012 - 12:10

Perhaps with the exception of @Roma one wonders how any of the comments relate to the article.
@Jackal huh ? Even the internal logic is non sec. How does coal or pig iron production prove your conclusion (rant) as for the ad hominem well that that uses the consistently absurd non sec reasoning
@TVOTW888 - unspeakably bizarre.

Nathan not a bad article,
It seems to me what we have here is a pot-pourri of factors. The primary one is political egos and individuals' needs to maintain power.
i.e. Obama needs the Military vote, needs to keep the soldiers at wars. Imagine the problems if 500000+ military people came home ?
- All those people what, sitting home doing nothing?
- No O/S bonuses etc. Financial hardship?
- no need for so many bureaucrats
- no need for so many support staff.
- no need for so many generals etc.
- no more cushy jobs as advisors to the military manufacturing complex corps (MMCC)
- no need for as much weaponry
- like the (MMCC) would allow such a cut in profits
- more pressure by the corporates on the government to defend 'America's interests'
- did I mention all the industries who benefit from these wars and occupations.
-more money spent on changing government to one that was more Hawkish one
- then the party(ies) hierarchy would loose power
- oh yes all the people employed in those industries /activities.
Much better they make an example of BM rather than have the above and
- scrutiny that could lead to criticism like.
Which numb nut put an unstable (inappropriate) person into that environment in the first place much less didn't properly supervise him.
I'd argue the Military lapsed on their duty of care.
If they actually looked at the cause that precipitated BM's mass mental meltdown ...goodness knows where it might lead...Best they don bureaucratic arse protecting undies and distract the public from realising they, BM, JA, government integrity, democracy it's self are the real victims.
Nothing binds a bureaucracy more than career self preservation.

Examinator
Posted Friday, September 14, 2012 - 12:34

For those who missed the point I was making. It is simply a combination of Group Dynamics , Human Behaviour and psycology, in a humongously large long term organization. What it isn't is some Giant Mephistophelean Plot... just the consequences of a (predictable) collection of self interested individuals working for and seeing their personal interests within the context of the anonymity of said over arching codependent organizations that appear a Uber conspiracy.
A bit like the predictability patterns of crowds of individuals moving through a shopping mall or media manipulation of masses not at the individual level.

jackal01
Posted Friday, September 14, 2012 - 21:54

Examinator
You over educated boof, if you can't understand something as simple as that then you are the one that needs a shrink.

Who are you trying to impress with all that garbage you wrote.

@Examinator huh ?

denise
Posted Saturday, September 15, 2012 - 11:26

Some laws are meant to be broken. And they are the laws that allow people to be treated as 'collateral damage ' or victims of senseless violence.
If Bradley Mannings intent was to expose the wrongdoing of those in power, then no crime should be perceived to be committed.
However, if Bradley Manning's intentions were not in the public interest and were a deliberate attempt to help the enemies of the US, then a crime may have been committed.

Elun
Posted Monday, September 17, 2012 - 03:08

@jackal01 This is one Yank who understands perfectly the point you are making. A good number of us aren't as stupid as our so-called leaders would like us to be (or the rest of the world might think), but, when we speak out here in the Land of the Free, we are labeled—derogatorily I might add— lefty communists, un-American, unpatriotic, socialist, Marxists, (and even Fascists in the same breath, which proves your point about our general moronic state!). In this way, the military industrial complex (and corporations now legally defined as "people") in control and power can maintain its status quo of fostering perpetual money-making war while denigrating anyone against such policies as some sort of dirty hippie who "hates America." Many of us voted for Obama and the so-called "hope" and "change" he proposed, but are bitterly disappointed by his treatment of the Bradley Manning case in particular, and the ongoing debacle that is Gitmo—among other about-faces. But currently, Obama is the lesser of two evils: the Romney/Ryan clown act is Bush/Cheney on steroids and most assuredly even more dangerous because of their stupidity!). I despair, not only for my own country in which we "little people" are mere pawns in a global chess game, but, for the rest of the world having to bear the burden of a rich and powerful nation that has lost its moral compass. Our voices, though many, are lost in the wilderness of Fox News, SuperPAC billions buying elections, and jingoism—just the way "they" like it.