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Bradley Manning and the Rule of Law

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posted on Jan, 11 2011 @ 08:22 AM
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This is an excellent analysis of the legal/moral aspects of Bradley Manning's decisions, and includes information I was not previously aware of. The photos of Manning also show a shocking difference between the man before arrest and afterwards.

www.thepeoplesvoice.org...

Snip:


The case of Private Bradley Manning raises legal issues about his pre-trial detention, freedom of speech and the press, as well as proving his guilt beyond a reasonable doubt. Putting aside Manning’s guilt or innocence, if Bradley Manning saw the Afghan and Iraq war diaries as well as the diplomatic cables published by WikiLeaks what should he have done? And, what should be the proper response of government to their publication?


A high point in the application of the rule of law to war came in the Nuremberg trials where leaders in Germany were held accountable for World War II atrocities. Justice Robert Jackson, who served as the chief prosecutor in the Nuremberg trials while on leave from the U.S. Supreme Court, said “If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.”


Full article: www.thepeoplesvoice.org...




edit on 11-1-2011 by wcitizen because: (no reason given)




posted on Jan, 11 2011 @ 09:26 AM
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[[snip]]

reply to post by wcitizen
 


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 11-1-2011 by Xcathdra because: (no reason given)

edit on 11-1-2011 by Xcathdra because: (no reason given)

edit on Fri Mar 18 2011 by DontTreadOnMe because: removed comment regarding mod action



posted on Jan, 11 2011 @ 12:24 PM
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You are free to believe the OS if you wish. It is not something I trust.



posted on Jan, 11 2011 @ 12:28 PM
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reply to post by wcitizen
 


I`ve gotta say, studying the two photo`s.
They look like two different people.



posted on Jan, 11 2011 @ 12:30 PM
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Originally posted by wcitizen
You are free to believe the OS if you wish. It is not something I trust.


All of the information provided in my posts come directly from the website of Mr. Coombs, Pvt. Mannings lawyer. To not trust that source tells me that you do not wish to hear the truth directly from the horses mouth, because it contradicts your viewpoint and does not support the position you are trying to put in place, and that is manning is being mistreated by the US Government.
edit on 11-1-2011 by Xcathdra because: (no reason given)



posted on Jan, 11 2011 @ 01:04 PM
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reply to post by Xcathdra
 


Being forced to sit or stand for 15 hours a day and look at a blank wall in a tiny room is to bully and harass. By not engaging in any social contact apart from directing orders could be seen as to embarrass. His face does looked scuffed up and sleep deprived. I know the military play by a different set of rules. It is unfortunate the sacrifices that are continually made, and for what? deprive him of his identity, become to lost and broken to effectively contribute back to society, idk, my 2 cents.



posted on Jan, 11 2011 @ 07:56 PM
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Originally posted by lambros56
reply to post by wcitizen
 


I`ve gotta say, studying the two photo`s.
They look like two different people.


Indeed. In such a short time he looks like a broken man. Horrendous.



posted on Jan, 11 2011 @ 07:58 PM
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Originally posted by Xcathdra

Originally posted by wcitizen
You are free to believe the OS if you wish. It is not something I trust.


All of the information provided in my posts come directly from the website of Mr. Coombs, Pvt. Mannings lawyer. To not trust that source tells me that you do not wish to hear the truth directly from the horses mouth, because it contradicts your viewpoint and does not support the position you are trying to put in place, and that is manning is being mistreated by the US Government.
edit on 11-1-2011 by Xcathdra because: (no reason given)


You're entitled to your opinion, and me to mine. And just so you know, I'm not terribly interested what you think of me, so in future, please don't bother sharing.



posted on Jan, 11 2011 @ 08:36 PM
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Solitary confinement itself is torture- humans are SOCIAL animals.
To say that he sleeps every night is fine- but you left out the part about being awakened for suicide checks every hour.

I used to work psych- we didn't keep patients on suicide watch any longer than we had to because it interfered with their sleep and privacy. The least intrusive thing you can do is shine a flashlight in their face every hour to make sure they are ok.



posted on Jan, 12 2011 @ 09:27 AM
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reply to post by wcitizen
 


Same.. and its not my opinion, but the words directly for Mannings lawyers mouth. Your refusal to accept that does nothing but prove my point about how supports of manning and Assange ignore the facts in order to cling to the lie being told.

I will continue to repsond, share, discuss, etc anything I wish, whether you are part of the conversation or not.

In the effort to keep the peace though I will appologize now for posting factual information that counters your opinions and beliefs based on something not even attached to manning or his lawyer. The continual claim its an opinion shows the length people will go to ignore the truth in an effort to push their agenda.



posted on Jan, 12 2011 @ 11:16 AM
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Originally posted by Xcathdra
reply to post by wcitizen
 


Same.. and its not my opinion, but the words directly for Mannings lawyers mouth. Your refusal to accept that does nothing but prove my point about how supports of manning and Assange ignore the facts in order to cling to the lie being told.

I will continue to repsond, share, discuss, etc anything I wish, whether you are part of the conversation or not.

In the effort to keep the peace though I will appologize now for posting factual information that counters your opinions and beliefs based on something not even attached to manning or his lawyer. The continual claim its an opinion shows the length people will go to ignore the truth in an effort to push their agenda.


Noted.



posted on Jan, 12 2011 @ 11:28 AM
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reply to post by kwakakev
 


Its called being subject to the UCMJ, which includes the chain of command. He is in custody, has been charged, but not convicted. So until that happens he is still required to repsect the chain of command and the rules in place for the entire facility. Again Mr. Coombs info bares that out, that the rules in place for manning are the exact same rule sin place for others while present in the detention facility.



posted on Jan, 12 2011 @ 11:32 AM
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Originally posted by hadriana
Solitary confinement itself is torture- humans are SOCIAL animals.
To say that he sleeps every night is fine- but you left out the part about being awakened for suicide checks every hour.

I used to work psych- we didn't keep patients on suicide watch any longer than we had to because it interfered with their sleep and privacy. The least intrusive thing you can do is shine a flashlight in their face every hour to make sure they are ok.


Actually it is not.. Please do some research. The UN, as well as the EU comissions on human rights, allow the use of solitary confinement, where one case was upheld by the EU comission where the person was in solitary for about 6 years.

He has access to medical, reading material, writing material, visitors, access to his lawyer, food, blankets, new bedding thathas a pillow built into it since he is under injury prevention (any item that is shreddable is removed, as is the standard in military as well as Hospitals, Psyche units and Federal/State and county prisons and jails).

The first post has a link to Mr. Coombs website, where he actually describes the conditions Pvt. Manning are in. I would suggest taking a look at it to clear up some of the misconception being put forward by people who are pushing an agenda and not the truth.



posted on Mar, 13 2013 @ 09:47 AM
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I'm still listening - Secretly Recorded Audio Leaked of Bradley Manning’s Court Statement.


The Freedom of the Press Foundation has released surreptitiously recorded audio of the statement Private Bradley Manning made in a pre-court martial hearing last week.


Like I said - I'm still listening but I wanted to pass it on to the rest of you also...

peace



posted on Mar, 13 2013 @ 10:50 AM
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Bradley Manning and the Rule of... the UCMJ

Most people simply do not have a grasp of military law. First and foremost, it is NOT a democracy. If you under oath (formerly 'under orders') to the service of your nation in one of the military branches, you are basically owned. You have this explained to you very well numerous times during your initial months of training and indoctrination.

Manning was an idiot. He can't say he didn't know the risks and the potential for a world of s**t to come crashing down on his young behind. Making it worse, it was a time of war and that just magnifies every offense in the book.

Regardless of whether that info should have been made public... he set himself up for this end.




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