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Pvt. Manning - Myth vs. Fact

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posted on Jan, 7 2011 @ 04:25 AM
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I have seen many threads that talk about the "deplorable conditions" Pvt. Manning is being subjected to while he is awaiting trial. I thought I would point out the myths, and then show the facts. The answers being provided as fact come directly from The Law offices of David Coombs, Pvt. Mannings attorney and will be placed into external content brackets. If no brackets are present on an answer (should be 2 myth/facts) the answer is provided by me based on research.

There are 2 different sets of rules that cover Pvt. Manning. The first part is when he was first taken into custody. When Pvt. Manning was moved over to the category of Suicide prevention / Prevention of Injury (POI) watch, some of what he was allowed to do changed to take into account the new status.

This info was released on December 18th 2010.
David E. Coombs - Wiki
Law Offices of David Coombs

Myth - Pvt. Manning does not have access to basic neccesities like water, toilet etc.
Fact -

His cell is approximately six feet wide and twelve feet in length. The cell has a bed, a drinking fountain, and a toilet.


Myth - Pvt. Manning is being mistreated by his guards.
Fact -

The guards at the confinement facility are professional. At no time have they tried to bully, harass, or embarrass Private Manning. Given the nature of their job, however, they do not engage in conversation with Private Manning.


Myth - Pvt. Manning is not allowed to sleep at all
Fact -

At 5 a.m. he is woken up (on weekends, he is allowed to sleep until 7 a.m.). Under the rules for the confinement facility, he is not allowed to sleep at anytime between 5 a.m. and 8 p.m. If he attempts to sleep during those hours, he will be made to sit up or stand by the guards.


Myth - According to Pvt. Mannings lawyer

Motion to Dismiss for Lack of Speedy Trial
The Sixth Amendment right to a speedy trial is applied to military jurisprudence through two separate and distinct provisions-- Rule for Court-Martial (R.C.M.) 707 and Article 10 of the Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 810). While both provisions seek to protect the same constitutional right, and while there is considerable overlap between the two, each provision has separate rules regarding when the protections attach and when they are breached.

Whether stemming from R.C.M. 707 or from Article 10 UCMJ, a motion to dismiss for lack of a speedy trial must be raised before the court-martial is adjourned, and it is waived by a guilty plea, as provided in R.C.M. 907(b)(2)(A) and 905(e). Once the issue is raised, the burden of persuasion rests with the government. R.C.M. 905(c)(2)(B). Before hearing on the motion, the parties may stipulate as to undisputed facts and dates of relevant pretrial events. The stipulation will provide the court a chronology detailing the processing of the case. R.C.M. 707(c)(2).

Motion to Dismiss for Lack of Speedy Trial


This response is from my research, and was left out of Mr. Coombs argument for a speedy trial.
Fact - What is left out of that argument is a subsection to part C which states:
UCMJ

"(c) Excludable delay. All periods of time during which appellate courts have issued stays in the proceedings, or the accused is absent without authority, or the accused is hospitalized due to incompetence, or is otherwise in the custody of the Attorney General, shall be excluded when determining whether the period in subsection (a) of this rule has run. All other pretrial delays approved by a military judge or the convening authority shall be similarly excluded."


These are the basics and are taken directly from David Coombs, Pvt. Mannings legal counsel, website. Below is the entire release, and it is broken into 2 sections. The first half is prior to his change to Suicidal / POI watch, and the second half describes the new changes while under POI watch.

A Typical Day for PFC Bradley Manning

18 December 2010

PFC Manning is currently being held in maximum custody. Since arriving at the Quantico Confinement Facility in July of 2010, he has been held under Prevention of Injury (POI) watch.

His cell is approximately six feet wide and twelve feet in length.

The cell has a bed, a drinking fountain, and a toilet.

The guards at the confinement facility are professional. At no time have they tried to bully, harass, or embarrass PFC Manning. Given the nature of their job, however, they do not engage in conversation with PFC Manning.

At 5:00 a.m. he is woken up (on weekends, he is allowed to sleep until 7:00 a.m.). Under the rules for the confinement facility, he is not allowed to sleep at anytime between 5:00 a.m. and 8:00 p.m. If he attempts to sleep during those hours, he will be made to sit up or stand by the guards.


What has Pvt. Manning been charged with? Below are the 4 offical charges against Pvt. Manning, and there are an additional 4 charges pending. Pvt. Manning is facing up to 52 years in Prison if found guilty and convicted.

(Info for those people not versed with Military Law - A charge will be listed that references a particular article of the UCMJ that was violated. A specification is then added that details the actions of Pvt. Manning that caused the violation. I listed just the charges below. Use the link below to read the individual specifications for each charge. Also 2 charges are listed, but 4 are stated, and is the result of being charged under the same article for seperate offenses).

Bardley Manning support website
Pvt. Manning Charge Sheet


CHARGE I: VIOLATION OF THE UCMJ, ARTICLE 92

Specifications


CHARGE II: VIOLATION OF THE UCMJ, ARTICLE 134

Specifications



edit on 7-1-2011 by Xcathdra because: Spelling, Links etc

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Mod Note: IMPORTANT: Using Content From Other Websites on ATS - Please Review This Link.
edit on 1/7/2011 by Mirthful Me because: Removed Excessive External Content




posted on Jan, 7 2011 @ 02:43 PM
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Wow... I guess the supporters don't want the truth afterall.



posted on Jan, 10 2011 @ 03:25 PM
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I agree with you whole heartedly - he is a criminal not a patriot or hero.

Let me explain for those who are unaware about the legal status of his oath and how it is binding with regard to the UCMJ?

(First here is the oath he took)

I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

So he did take an oath to protect and defend the constitution against all enemies foreign and domestic… However, you will also note the highlighted portion, read it carefully because that’s the issue. Do you even know what he is being charged with?

Not espionage, which is Article 106a…because that implies he had forethought and malice and the intent to cause harm for personal gain.

He is being charged primarily with multiple counts of violations of Article 92 which is Failure to obey order or regulation

When he took the oath and signed all the documents that gave him access to classified information he agreed to protect the information to which he was granted access in accordance with the regulations and orders that govern such activities. That is what he violated - those regulations.

He is also being charged with failure to protect classified information and a few other goodies, which he also agreed to do when he was given access to and “read on” to SCI programs. See when he signed all those documents saying he would protect the information to which he was being granted access he was agreeing to follow the regulations for protecting and safeguarding the same.


There are some who say he is a patriot for standing up for the unlawfulness of the war in Afghanistan…and that is why he is being persecuted

Here is another tid bit for you…(The Officer Oath)

"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God.

See where it differs from that of PFC Manning’s? Hint, it is that officers do not swear to “obey the orders of the President of the United States and the orders of the officers appointed over me” Just to support and defend the Constitution of the United States against all enemies, foreign or domestic.

That is why there are officers under whom PFC Manning served and to whom he could have turned if he had some sort of issue with the lawfulness of the orders he was being given regarding the legality of the war in Afghanistan.

Officers are bound to interpret the orders they receive not simply to carry them out like automatons. That is why Commanders at all levels have access to military lawyers to help them make decisions.

Soldiers, are taught their orders are assumed to be lawful and they disobey them at their own peril, this is one of those cases that differ from civilian law. They must prove that what they are told to do is unlawful.

He is the one who must prove the illegality of the order he receives the officers who gave it are not required to do so at the time of issue.

Imagine if we had to prove every order to everyone’s satisfactions prior to execution…we’d get nothing done.



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