From The Boston Bradley Manning Support Committee Archives (January 2013)

 

Pardon Private Bradley Manning Stand-Out-Central Square, Cambridge, Wednesdays, 5:00 PM –Update

 

Let’s Redouble Our Efforts To Free Private Bradley Manning-President Obama Pardon Bradley Manning -Make Every Town Square In America (And The World) A Bradley Manning Square From Boston To Berkeley to Berlin-Join Us In Central Square, Cambridge, Ma. For A Stand-Out For Bradley- Wednesdays From 5:00-6:00 PM

 

http://upload.wikimedia.org/wikipedia/commons/5/5d/Bradley_Manning_US_Army.jpg

 

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Beginning in September 2011, in order to publicize Private Manning’s case locally, there have been weekly stand-outs (as well as other more ad hoc and sporadic events) in various locations in the Greater Boston area starting in Somerville across from the Davis Square Redline MBTA stop on Friday afternoons and later on Wednesdays. Lately this stand-out has been held each week on Wednesdays from 5:00 to 6:00 PM at Central Square, Cambridge, Ma. (small park at the corner of Massachusetts Avenue and Prospect Street just outside the Redline MBTA stop, renamed Manning Square for the duration of the stand-out) in order to continue to broaden our outreach. Join us there in calling for Private Manning’s freedom. President Obama Pardon Private Manning Now!  

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The Private Bradley Manning case is headed toward an early summer trial now scheduled for June 2013. The news on his case over the past several months (since about April 2012) has centered on the many pre-trial motion hearings including recent defense motions to dismiss for lack of speedy trial. Private Manning’s pre-trial confinement is now at over 1000 days and will be over well over 1000 days by the time of trial. That motion has now been ruled on by Military Judge Lind. On February 26, 2013 she denied the defense’s motion for dismissal, the last serious chance for Bradley Manning to go free before the scheduled June trial. She ruled furthermore that the various delays by the government were inherent in the nature of this case and that the military authorities, except in one short instance, had been diligent in their efforts to move the proceedings along. For those of us with military experience this is a classic, if perverse, case of that old army slogan-“Hurry up, and wait.” This is definitely tough news for Private Manning although perhaps a good appeal point in some future civilian review.  

The defense had contended that the charges should be dismissed because the military by its own statutes (to speak nothing of that funny old constitutional right to a speedy trial guarantee that our plebeian forbears fought tooth and nail for against the bloody British and later made damn sure was included in the Amendments when the founding fathers“forgot” to include it in the main document) should have arraigned Private Manning within 120 days after his arrest. They hemmed and hawed for almost 600 days before deciding on the charges and a court martial. Nobody in the convening authority, as required by those same statutes, pushed the prosecution forward in a timely manner. In fact the court-martial convening authority, in the person of one Colonel Coffman, seemed to have seen his role as mere “yes man” to each of the government’s eight requests for delays without explanation (and without informing the defense in order to take their objection). Apparently the Colonel saw his role as a mere clearing agent for whatever excuse the government gave, mainly endless addition time for clearing various classified documents a process that need not have held up the proceedings. The defense made timely objection to each governmental request to no avail.

Testimony from military authorities at pre-trial hearings in November 2012 about the reasons for the lack of action ranged from the lame to the absurd (mainly negative responses to knowledge about why some additional delays were necessary. One “reason” sticks out as a reason for excusable delay -some officer needed to get his son to a swimming meet and was thus “unavailable” for a couple of days. I didn’t make this up. I don’t have that sense of the absurd. Jesus, a man was rotting in Obama’s jails and they let him rot because of some damn swim meet). The prosecution, obviously, argued that the government has moved might and main to move the case along and had merely waited until all leaked materials had been determined before proceeding. The judge saw it the government’s way and ruled according as noted above. 

Here is a good statement of the situation just prior to the Judge Lind’s denial of Private Manning’s motion to dismiss due to lack of speedy trial and the options then available from the Bradley Manning Support Network:          

“Three years is not a speedy trial

On Bradley Manning’s 964^th day in prison without trial, both parties argued over the defense’s motion to dismiss charges for lack of a speedy trial. Under Rule for Court Martial 707, the military was supposed to arraign Bradley in 120 days, but it took over 600. Under Uniform Code for Military Justice Article 10, prosecutors are obligated to maintain diligence in trying the accused. Defense lawyer David Coombs explained to the court that rather than being proactive, the military was reactive, waiting for months and months for other agencies to complete classification reviews, when it should have been hurrying those processes along to get to court-martial as quickly as possible. If Judge Lind finds Article 10 was violated, she must dismiss charges. If she dismisses charges “with prejudice,” meaning she finds that the military was prejudicial in denying Bradley a speedy trial, then Bradley will walk free. However, if she dismisses “without prejudice,” finding the delays were negligent but not malicious, the military could simply re-charge Bradley with all of the same offenses. She’ll rule at the next hearing, February 26 through March 1.”

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Those who have followed the Manning case over the past year or so, maybe since about April 2012 when the pre-trial hearing began in earnest know that last November the defendant offered to plead guilty to a few lesser included charges in his indictment, basically taking legal and political responsibility for the leaks to WikiLeaks that had been the subject of some of the government’s allegations against him. Without getting into the arcane legal maneuvering on this issue the idea was to cut across the government’s  pretty solid case against him being the leaker of information and to have the now scheduled for June trial be on the substantial question of whether his actions constituted  “material aid to terrorism” which could subject Private Manning to life in prison. On February 28, 2013 in open court as part of the continuing pre-trial hearings down at Fort Meade in Maryland Private Manning pled guilty to those lesser charges (unauthorized use of Internet,  disclosing secret information, etc.) before Judge Lind and has left himself open for up to twenty years of imprisonment. Right now the June trial issue will be on the major charges only. We need to stay with Bradley on this and make sure people know that what he admitted to was that he disclosed that information about American military atrocities in Iraq and Afghanistan and other diplomatic high crime and misdemeanors. He is in trouble, big trouble, and needs our support more than ever.     

Since this defense ploy, an unusual one, and not commonly used or known about,  according to knowledgeable sources, was the subject of some confusion, among supporters and the media so here is the Bradley Manning Support Network’s statement on the issue:   

“Why, what it means, doesn’t mean, and what next

By Jeff Paterson, Bradley Manning Support Network. November 19, 2012.

Army Private Bradley Manning recently informed the military court that he was, in fact, the source of information published by WikiLeaks. While the 24 year old Intelligence Analyst, effectively, took responsibility for transferring classified documents, in violation of military regulations, he maintained that he was not guilty of all 22 charges against him.

“PFC Manning has offered to plead guilty to various offenses through a process known as “pleading by exceptions and substitutions,” explained Manning civilian defense attorney David Coombs on his blog. Manning is “attempting to accept responsibility for offenses that are encapsulated within, or are a subset of, the charged offenses…. PFC Manning is not pleading guilty to the specifications as charged by the government,” added Coombs. Nor is he “submitting a plea as part of an agreement or deal with the government.”…

…What does such a plea actually change?

The plea offered by Manning doesn’t change the charges against him, nor does it alter the possible maximum sentence of life in prison.

The presiding judge, US Army Colonel Denise Lind, may choose to reject Manning’s plea on technical grounds (if so, technically, Manning will have to unaccept responsibility). If the plea is accepted, the prosecution is free to present its case as planned. Manning’s plea offering only addresses three lesser aspects of a couple lesser charges, so the government could easily accept Manning’s plea and still “upcharge” him.

Manning’s plea could make the prosecution’s job easier, if they are relieved of the burden of proving he accessed documents and transferred them to WikiLeaks. Without this new twist, Manning’s court martial was expected to last at least six weeks, with possibly four of those weeks dedicated to testimony covering information technology-related forensic evidence–such as computer and router logs, login passwords, network access records, and hard drive images. The court martial might now become an expedited two or three week affair.

While the government’s burden of proof may have been reduced overall, it is important to understand that Manning is only admitting to violating military regulations that cover the approved usage of secure computers and the appropriate handling of information. During previous pre-trial hearings, Manning’s defense has shown that every member of his intelligence office in Iraq also violated these same regulations. While other soldiers didn’t share documents with WikiLeaks, they did install unauthorized video games and software and they shared a library of bootleg music and movies on secure Army computers. As Manning is the only soldier charged with any of these violations, the issue of selective prosecution is raised….

…The real defense

Manning’s attorney has long contended that the defense will show that the release of these documents brought little to no harm to U.S. national security, and that Manning’s motives were to expose crime, fraud, corporate malfeasance, and abuse. They hope to show that this was, indeed, the outcome. The prosecution’s position will remain that Manning’s motives and the actual outcomes are irrelevant during the guilt phase of trial. …”

Also there has been increased media attention by mainstream outlets around the case (including the previously knowingly oblivious New York Times). Here is a little bit more on the subject from the Bradley Manning Support Network site:

“By Nathan Fuller, Bradley Manning Support Network. January 18, 2013.

Last week in Fort Meade, MD, government prosecutors said that if PFC Bradley Manning had released documents to the New York Times instead of WikiLeaks, they would still charge him with indirectly ‘aiding the enemy,’ which carries a life sentence.

This would be unprecedented: never before has a soldier been sent to jail for ‘aiding the enemy’ as a result of giving information to a news outlet. Government prosecutors argue that Manning needn’t have intended to aid the enemy; merely that he knew Al Qaeda could use the information is enough. This would turn all government whistle-blowing into treason: a grave threat to both potential sources and American journalism.

Following this contention in court, the Los Angeles Times called on the government to drop the ‘aiding the enemy’ charge, writing in an editorial, “That charge strikes us as excessive in the absence of evidence that Manning consciously colluded with hostile nations or terrorists.”

Since then, even higher-profile media members have condemned the military’s pernicious claim and the precedent it would set. In an email in which she explained she couldn’t speak on behalf of her newspaper but could comment as a lifelong journalist and a former newspaper editor, New York Times public editor Margaret Sullivan said,

“The implications for press freedom in the Bradley Manning prosecution trouble me, as does the federal government’s unprecedented targeting, in recent years, of whistleblowers and those who leak to the press. The issues certainly aren’t black and white, but if the public expects the press to do its crucial job in our democracy, people ought to be more worried than they apparently are. And I agree with the Los Angeles Times editorial that the “aiding the enemy” charge, which could result in a life sentence, is excessive.”

New York Times columnist and former executive editor Bill Keller said, “I think the treatment of Manning feels heavy-handed and out of proportion to actual harm done.”

In Michael Calderone’s story for the Huffington Post, “Manning Case Raises Troubling Questions For Journalists,” about the implications of this argument, the Washington Post’s Dana Priest said, “they don’t want other people to get the idea that they should be doing this,” and that it’ll have a “chilling effect on sources.”…”

Glenn Greenwald wrote for the Guardian, “[the government’s argument] can be – and almost certainly will be – just as easily applied to the vast majority of leaks on which investigative journalism has always relied.”

Mainstream news outlets, Greenwald said,

“might want to take a serious interest in this fact and marshal opposition to what is being done to Bradley Manning: if not out of concern for the injustices to which he is being subjected, then out of self-interest, to ensure that their reporters and their past and future whistle-blowing sources cannot be similarly persecuted.”

So why does the government continue to prosecute this way? Keller said, “It’s been clear from the outset that the government decided to make a lesson of Bradley Manning,” and that “the extreme conditions of his early confinement and the aiding-the-enemy charges suggest a deep animus toward Bradley.”

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The defense has also recently pursued a motion for a dismissal of the major charges (espionage/ indirect material aid to terrorists) on the basis of the minimal effect of any leaks on national security issues as against Private Manning’s claim that such knowledge was important to the public square (freedom of information issues important for us as well in order to know about what the hell the government is doing either in front of us, or behind our backs). Last summer witnesses from an alphabet soup list of government agencies (CIA, FBI, NSA, Military Intelligence, etc., etc.) testified that while the information leaked shouldn’t have been leaked that the effect on national security was de minimus. The Secretary of Defense at the time, Leon Panetta, also made a public statement to that effect. The prosecution argued, successfully at the time, that the mere fact of the leak of classified information caused irreparable harm to national security issues and Private Manning’s intent, even if noble, was not at issue.

 

The recent thrust of the motion to dismiss has centered on the defense’s contention been that Private Manning consciously and carefully screened any material in his possession to avoid any conflict with national security and that most of the released material had been over-classified  (received a higher security level than necessary).(Much of the materials leaked, as per those parts published widely in the aftermath of the disclosures by the New York Times and other major outlets, concerned reports of atrocities in Iraq and Afghanistan and diplomatic interchanges that reflected poorly, poorly to say the least, on that profession.) The Obama government has argued again that the mere fact of leaking was all that mattered.  That motion has also not been fully ruled on and is now the subject of prosecution counter- motions and a cause for further trial delay.

 

Here is the latest from the Bradley Manning Support Network on this issue while will the subject of May pre-trial hearings:

“Turning whistle-blowing into treason

Meanwhile, in an attempt to curtail the defense’s ability to show Bradley Manning is a whistle-blower, the government moved to preclude discussion of his motive in determining his guilt or innocence. Judge Lind granted this motion in part: the defense will not be allowed to show Bradley’s motive, such as chatlog quotes showing that he wanted information to be free, in debating whether he knew Al Qaeda would have access to the cables he released (but it will be allowed to discuss motive during a potential sentencing portion). The military will have to prove that Bradley knew he was “dealing with the enemy” in passing information to WikiLeaks. The defense will be allowed to show that Bradley selected certain cables or types of cables to prove he knew which information would not cause harm to U.S. national security if made public. The government also moved to preclude discussion of over classification, trying to prevent the defense from arguing that documents released needn’t have been classified in the first place. Judge Lind decided to defer that ruling, and will make it at a later hearing. In this hearing, the military also said that it would still charge Bradley Manning with “aiding the enemy” if he’d released information to the New York Times instead of WikiLeaks, an argument that would effectively turn whistle-blowing into treason and one which troubled many journalists following the proceedings.”

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A defense motion for dismissal based on serious allegations of torturous behavior by the military authorities extending far up the chain of command (a three-star Army general, not the normal concern of someone so far up the chain in the matter of discipline for enlisted personal) while Private Manning was first detained in Kuwait and later at the Quantico Marine brig for about a year ending in April 2011 has now been ruled on. In late November and early December Private Manning himself, as well as others including senior military mental health workers, took the stand to detail those abuses over several days. Most important to the defense was the testimony by qualified military mental health professionals citing the constant willful failure of those who held Private Manning in close confinement to listen to, or act, on their recommendations during those periods  

 

Judge Lind, the military judge who has heard all the pre-trial arguments in the case thus far, has essentially ruled unfavorably on that motion to dismiss given the potential life sentence Private Manning faces. As she announced at an early January pre-trial hearing the military acted illegally in some of its actions. While every Bradley Manning supporter should be heartened by the fact that the military judge ruled that he was subject to illegal behavior by the military during his pre-trial confinement her remedy, a 112 days reduction in any future sentence, is a mere slap on the wrist to the military authorities. No dismissal or, alternatively, no appropriate reduction (the asked for ten to one ratio for all his first year or so of illegal close confinement which would take years off any potential sentence) given the seriousness of the illegal behavior as the defense tirelessly argued for. And the result is a heavy-handed deterrent to any future military whistleblowers, who already are under enormous pressures to remain silent as a matter of course while in uniform, and others who seek to put the hard facts of future American military atrocities before the public.      

 

Here is the Bradley Manning Support Network’s take on Judge Lind’s decision:

“Judge ruled abusive treatment at Quantico was unlawful, awards sentencing credit

Following over two weeks of testimony from Quantico guards and higher officers about keeping Bradley in a 6×8 cell for 23 hours a day and denying him exercise time and easy access to basic hygiene items Judge Denise Lind ruled that Bradley was treated harshly and awarded him 112 days off of a potential sentence. This is a meager rebuke and a scant reduction when compared to the life sentence Bradley could face, but it is an important symbolic vindication for those who fought so hard to raise awareness of the disturbing treatment and to move Bradley from Quantico.”

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In November 2012  an important statement of support by three Nobel Peace Laureates  (including Bishop Tutu from the South African anti-apartheid struggle) calling on their fellow laureate, United States President Barack Obama, to free Private Manning from his jails. Here is some of what they had to say in their open letter as published in a couple of leading journals:

By Archbishop Desmond Tutu, Mariead Maguire, Adolfo Perez Esquivel November 14, 2012. As published in The Nation and The Guardian (UK)-

 “…We have dedicated our lives to working for peace because we have seen the many faces of armed conflict and violence, and we understand that no matter the cause of war, civilians always bear the brunt of the cost. With today’s advanced military technology and the continued ability of business and political elites to filter what information is made public, there exists a great barrier to many citizens being fully aware of the realities and consequences of conflicts in which their country is engaged.

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, the WikiLeaks releases attributed to Manning have provided unparalleled access to important facts.

Revealing covert crimes in Iraq and Afghanistan, this window into the realities of modern international relations has changed the world for the better. While some of these documents may demonstrate how much work lies ahead in terms of securing international peace and justice, they also highlight the potential of the Internet as a forum for citizens to participate more directly in civic discussion and creative government accountability projects.

Questioning authority, as a soldier, is not easy. But it can at times be honorable. The words attributed to Manning reveal that he went through a profound moral struggle between the time he enlisted and when he became a whistleblower. Through his experience in Iraq, he became disturbed by top-level policy that undervalued human life and caused the suffering of innocent civilians and soldiers. Like other courageous whistleblowers, he was driven foremost by a desire to reveal the truth…”

“…We Nobel Peace Prize laureates condemn the persecution Bradley Manning has suffered, including imprisonment in conditions declared “cruel, inhuman and degrading” by the United Nations, and call upon Americans to stand up in support of this whistleblower who defended their democratic rights. In the conflict in Iraq alone, more than 110,000 people have died since 2003, millions have been displaced and nearly 4,500 American soldiers have been killed. If someone needs to be held accountable for endangering Americans and civilians, let’s first take the time to examine the evidence regarding high-level crimes already committed, and what lessons can be learned. If Bradley Manning released the documents, as the prosecution contends, we should express to him our gratitude for his efforts toward accountability in government, informed democracy and peace.”

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Recently political activist and a well-known whistleblower himself from the Vietnam War era  (The Pentagon Papers), Daniel Ellsberg  has urged Bradley Manning supporter to sign his petition to President  Barack Obama and the  prosecuting authority to free Private Manning:

Sign the petition to free Bradley Manning, the brave young whistle-blower who exposed war crimes and who has been unlawfully punished before trial.

This petition to President Obama at the White House, as well as prosecuting military authority US Army Major General Karl Horst, was created by Pentagon Papers whistle-blower Daniel Ellsberg, the Center for Constitutional Rights, and the Bradley Manning Support Network.

We ask that you join us by adding your name in support of transparency, democracy and justice.

http://www.bradleymanning.org/activism/sign-daniel-ellsbergs-petition-to-free-bradley-manning-2

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On February 23, 2013, the 1000th day of Private Bradley Manning’s pre-trial confinement, an international day of solidarity was observed with over seventy stand-outs and other demonstration held in America and internationally. Bradley Manning and his courageous stand have not been forgotten. Go to the Bradley Manning Support Network for more details about the events of that day. Another international day of solidarity is scheduled for June 1, 2013 at Fort Meade, Maryland and elsewhere just before the scheduled start of his trial. Check the support network for updates on that event as well.   

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Check the Bradley Manning Support Network -http://www.bradleymanning.org/ for details and future updates.

 

*Contribute to the Bradley Manning Defense Fund- as the trial date approaches funds are urgently needed! The government has unlimited financial and personnel resources to prosecute Bradley. And the Obama government is fully using them. We have a fine defense civilian lawyer, David Coombs, many supporters throughout America and the world working hard for Bradley’s freedom, and the truth on our side. Still the hard reality of the American legal system, civilian or military, is that an adequate defense cost serious money. So help out with whatever you can spare.  For link go to http://www.bradleymanning.org/  for

 

*Sign the online petition at the Bradley Manning Support Network (for link go to http://www.bradleymanning.org/ ) to the Secretary of the Army to free Bradley Manning-1000 plus days is enough!  The Secretary of the Army stands in the direct chain of command up to the President and can release Private Manning from pre-trial confinement and drop the charges against him at his discretion. For basically any reason that he wishes to-let us say 1000 days is enough. Join the over 25,000 supporters in the United States and throughout the world clamoring for Bradley’s well-deserved freedom.  

 

*Call (Comments”202-456-1111, write9 The White House, 1600 Pennsylvana Avenue NW, Washington, DC 20500, e-mail-(http://www.whitehouse.gov’contact/submitquestions-and comments) the White House to demand President Obama pardon Bradley Manning- The presidential powers to pardon is granted under Article II, Section 2 of the Constitution:

“The President…shall have power to grant reprieves and pardons for offenses against the United States, except in case of impeachment .”  

In federal cases, and military cases are federal cases, the President of the United States can, under authority granted by the U.S. Constitution as stated above, pardon the guilty and the innocent, the convicted and those awaiting trial- former President Nixon and former Secretary of Defense Caspar Weinberger, for example among others, received such pardons of their heinous crimes- Now that Bradley Manning has plead guilty to some lesser charges and is subject to further prison time this pardon campaign is more necessary than ever. Free Bradley Manning ! Free the whistleblower!