Bradley
Manning Seeks Plea Deal by Stephen Lendman
Plea bargains are sought or
accepted for lesser sentences on charges faced. Innocent victims take them if
offered. They know potentially what they face against hardball prosecutors
wanting blood.
If convicted on all or most
serious charges, Manning faces potential life in prison. In America, innocence
is no defense. Thousands languish unjustifiably in gulag hell. US prisons are
some of the worst.
Manning’s lawyer, David Coombs
notified the military court that he’ll plead guilty to some charges. It’s more
a partial plea deal than a traditional one. More on that below.
The Bradley Manning Support
Network (BMSN) asks, “When
did exposing truth become a crime in America?” It’s criminalized when
government rogues want uncomfortable truths kept secret.
Manning is an American hero. He’s
a courageous Army intelligence analyst turned whistleblower. Harry Truman once
said:
“When even one American – who has
done nothing wrong – is forced by fear to shut his mind and close his mouth,
then all Americans are in peril.”
The National Security
Whistleblowers Coalition (NSWBC) is
an alliance of whistleblowers. Sibel Edmonds founded it in August 2004. It’s
independent and nonpartisan. She serves as president.
Its members include “current or
former federal employees or civilians working under contract to the United
States who, to their detriment or personal risk, bring to light fraud, waste,
and abuse in government operations and agencies when such improprieties
compromise the national security of the United States.”
At perhaps the most perilous time
in world history, exposing vital truths takes on greater importance than ever.
A legion of Bradley Mannings is needed.
Exposing government criminality
involves great risk. Failure to do so assures unaccountability and greater
crimes. America is the world’s leading rogue state. Criminals run it.
They’re waging war on humanity.
Human survival is at stake. Stopping them is top priority.
Manning exposed snippets of US
criminality. Doing so harmed no one. It got him in trouble. In May 2010, he was
arrested in Iraq on suspicion of passing on classified material to WikiLeaks. A
Pentagon statement said:
“The Department of Defense takes
the management of classified information very seriously because it affects our
national security, the lives of our soldiers, and our operations abroad.”
Then Defense Secretary Robert
Gates lied. He called the leak “potentially dramatic and grievously
harmful….The battlefield consequences of the release of these documents are
potentially severe and dangerous for our troops, our allies and Afghan
partners….”
Unmentioned were multiple US
imperial wars, lawless occupations, exploitation of people and resources,
crimes of war, against humanity, and genocide, as well as millions of
noncombatant civilians killed, injured, or otherwise harmed.
Whistleblowers like Manning
deserve praise, not prosecution. They’re heroes. They’re America’s finest. They
risk great personal harm to expose vital truths everyone needs to know.
Exposing crimes or intent to
commit them deserves highest praise. America equates it with treason, subversion,
or terrorism.
Manning faces 22 counts under
America’s Espionage Act. He’s also accountable under Articles 92 and 124 of the
Uniform Code of Military Justice (UCMJ). They include aiding the enemy. It’s a
potential capital offense.
Prosecutors said they won’t seek
the death penalty. Manning could face life in prison. Possibly it would be
without parole. He and Julian Assange received Nobel Peace Prize nominations.
On February 1, 2012, the Movement
of the Icelandic Parliament (MIP) nominated Manning for the Nobel Peace Prize.
They felt compelled to recognize his important contribution to world peace.
MIP’s
letter to the Nobel Peace Prize Committee in part said:
“We have the great honor of
nominating (Manning) for the 2012 (award).”
He stands accused of leaking
documents revealing “a long history of corruption, war crimes and imperialism
by the United States government in international dealings.”
The evidence “should never have
been kept from public scrutiny.” They document crimes of war and against
humanity.”
“Citizens worldwide” are indebted
“to the WikiLeaks whistleblower for shedding light on these issues, and so I
urge the Committee to award this prestigious prize to accused whistleblower
Bradley Manning” for displaying the highest form of courage at great personal
risk.
On October 2, Manning’s lawyer,
David Coombs, moved to have all charges dropped without prejudice. He cited
constitutional and Uniform Code of Military Justice (UCMJ) violations.
The Sixth Amendment requires “the
right to a speedy and public trial….by an impartial jury….and to be informed of
the nature and cause of (all charges); to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor,
and to have” legal counsel assist in defense proceedings.
UCMJ calls for trial within 120
days of restraint and arraignment. When a service member is placed in pre-trial
confinement, “immediate steps shall be taken” to inform the accused of all
charges, proceed with trial, or dismiss the case entirely.
The Rule for Court Martial (RCM)
707 also calls for trial within 120 days from arrest to arraignment to assure
speedy trial proceedings. By the time Manning’s trial begins on February 4,
he’ll have been incarcerated for nearly 1,000 days.
Willful delay prevented him from
being tried earlier. Doing so was unjustified, unconscionable, and illegal.Coombs said:
“The Convening Authority,
therefore, is just as much at fault for the lack of a speedy trial as is the
prosecution.”
“The Convening Authority abandoned
any attempt to make an independent determination of the reasonableness of any
Government delay request.”
“Instead, the Convening Authority
operated as a mere rubber stamp by granting all delay requests.”
The Pentagon ordered Manning’s
trial delayed. Generals wanted time to punish him ruthlessly. He was isolated
in solitary confinement for nine months and imprisoned in pre-trial detention
for around 900 days.
In confinement he was subjected to
brutal, inhumane treatment. Despite being a model prisoner, he was declared a
“Maximum Custody Detainee.” Doing so subjected him to the harshest possible
treatment.
BradleyManning.org said
“Evidence shows (a) three-star general ordered (his) unlawful, brutal
treatment.” Brig commanders followed Pentagon orders.
Constitutional and US statute laws
were violated. So was UCMJ’s Article 13. It prohibits pre-trial confinement
conditions “any more rigorous” than what’s minimally needed to ensure the
accused appears for court hearings.
Coombs uncovered emails that
“reveal everyone at Quantico was complicit in the unlawful pretrial treatment,
from senior officers to enlisted soldiers.”
Military officials lied. They
claimed Manning was placed on special “prevention of injury” watch for his own
protection. Brig psychiatrists called his treatment unjustified.
Bradley Manning Support Network
attorney Kevin Zeese said emails made public “now make all previous assertions
by Quantico and Pentagon officials that they were simply following procedures
to keep Bradley Manning safe patently ridiculous.”
Retired Army Col. Ann Wright
added:
“The revelation that a Lieutenant
General would order the mistreatment of a fellow soldier in violation of the
UCMJ leaves me aghast.”
“This general, and those who
obeyed his orders to mistreat whistle-blower Bradley Manning while he was held
in pre-trial confinement, must be held accountable. If not, the entire military
justice system fails all members of the military.”
Manning was subjected to the
following harsh treatment:
- isolation
for 23 hours a day;
- one hour
alone outside in an isolated room; he was shackled, allowed to walk in
circles, and returned to his cell the moment he stopped;
- extremely
limited activities overall;
- prohibited
from exercising;
- directly
and by video surveilled constantly;
- barred
from accessing any news or other information;
- forced
to respond to guard inquiries almost every five minutes all day;
- awakened
at night for being out of full view; he was curled up under very
uncomfortable blankets;
- denied
a pillow and sheets; and
- for
weeks subjected to forced nudity; he was kept that way at night and
outside his cell mornings for inspection; military officials lied; they
claiming it was to prevent him from injuring himself.
·
The
Pentagon exerted great pressure to break Manning emotionally. He hung on
courageously throughout his entire ordeal. Obama threw Manning under the bus.
He
defended his lawless treatment. He said it met basic standards. He left
unexplained gross human rights violations. Coombs said Manning’s constitutional
and statutory rights were “trampled on with impunity.”
On November 7, Coombs posted
the following information on his web site:
“PFC
Manning’s Offered Plea and Forum Selection”
“PFC
Manning has offered to plead guilty to various offenses through a process known
as ‘pleading by exceptions and substitutions.’ ”
“To
clarify, PFC Manning is not pleading guilty to the specifications as charged by
the Government. Rather, PFC Manning is attempting to accept responsibility for
offenses that are encapsulated within, or are a subset of, the charged
offenses. The Court will consider whether this is a permissible plea.”
“PFC
Manning is not submitting a plea as part of an agreement or deal with the
Government. Further, the Government does not need to agree to PFC Manning’s
plea; the Court simply has to determine that the plea is legally permissible.”
·
“If
the Court allows PFC Manning to plead guilty by exceptions and substitutions,
the Government may still elect to prove up the charged offenses.”
“Pleading
by exceptions and substitutions, in other words, does not change the offenses
with which PFC Manning has been charged and for which he is scheduled to stand
trial.”
“PFC
Manning has also provided notice of his forum selection. He has elected to be
tried by Military Judge alone.”
In
other words, Coombs made this offer for Manning. In return, he hopes more
serious charges will be dropped or lessened. He awaits word from the court. If
willingness is expressed, a traditional plea bargain may follow.
Spokesman
for the Bradley Manning Support Network Nathan Fuller said it’s “very
premature” to speculate whether prosecutors will show leniency. Given how
harshly Manning’s been treated, it appears a long shot at best, but can’t be
ruled out.
Manning
is world renown. Many distinguished figures and others support him. Pentagon
officials may decide to make it appear they’re showing some leniency.
Trial
proceedings are expected to last six weeks. Manning chose to be tried by a
military judge alone instead of a jury of military officers. Nothing will be
known for sure until the judge rules. He has marching orders and will do what
he’s told.
Coombs
said Manning will plead guilty to lesser charges alone. Perhaps by late
November, some indication of court sentiment will be known.
Law
Professor Eugene Fidell represents defendants in court-martial case. He was
puzzled by Coombs’ move. He said it’s unusual to plead guilty without benefit
of a pretrial agreement assuring something in return.
At
the same time, Manning hopes court leniency may follow. Cooperating to save
government time and expense may help.
It’s
hard to know after authorities invested enormous effort and expense to make an
example of him. At issue is deterring other whistleblowers. Going soft might
encourage them.
At
the same time, playing hardball may encourage fighting back. Manning supporters
are enraged about his harsh treatment. If he’s imprisoned for decades or life,
they won’t be silent.
·
Retribution
will be on the minds of many. Above all, supporters want justice. Manning’s
been afforded none so far. It’s highly unlikely he’ll be treated fairly. Police
states rarely show leniency and never say they’re sorry.
About the Author: Stephen Lendman lives in
Chicago and can be reached atlendmanstephen@sbcglobal.net.
His new book is titled “How
Wall Street Fleeces America: Privatized Banking, Government Collusion and Class
War”
Visit his blog site at
sjlendman.blogspot.com and listen to cutting-edge discussions with
distinguished guests on the Progressive Radio News Hour on the Progressive
Radio Network Thursdays at 10AM US Central time and Saturdays and
Sundays at noon. All programs are archived for easy listening.
