The United States should be in the dock, not Bradley Manning

[Serpo]

The United States should be in the dock, not Bradley Manning
The whistleblower has allowed us to scrutinise the hidden realities of US power



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It has launched illegal and unjust wars with catastrophic human consequences; it has helped overthrow democratically elected governments; it arms and backs some of the most brutal dictatorships on the face of the earth; and it has a track record of supporting terrorist organisations. Even many of its ardent supporters admit that the US foreign policy elite has a somewhat chequered history.

Today, an American hero stands in the dock (http://www.independent.co.uk/voices/comment/bradley-manning-served-democracy-far-better-than-the-generals-who-want-him-sent-to-jail-8518338.html), damned for a relatively tiny ray of light he shone on the darker recesses of this elite. Over three years ago, US soldier Bradley Manning – even now just 25 years old – leaked 250,000 US diplomatic cables and half a million army reports. There has never been a bigger leak of classified material in the history of the United States.
His punishment has already been severe. According to Juan Méndez, the UN special rapporteur on torture, he has faced cruel, inhuman and degrading treatment. For months, he was deprived of human contact. He was stripped of his clothes, left without privacy, and forced to sleep without any darkness. In 2011, P J Crowley was forced to resign as the US state department’s official spokesman after slamming Manning’s treatment as “ridiculous and counterproductive and stupid”.
Manning now begins a military trial, charged with a capital offence (http://www.independent.co.uk/voices/commentators/sacrifice-of-bradley-mannings-liberty-will-not-have-been-made-in-vain-8515890.html), though the prosecution promise not to seek the death penalty, leaving him facing 20 years in prison. As two US champions of the First Amendment on free speech, Floyd Abrams and Yochai Benkler, have written: “If successful, the prosecution will establish a chilling precedent: national security leaks may subject the leakers to a capital prosecution or at least life imprisonment.”
Manning is partly being tried under the Espionage Act, a piece of legislation dating back to the First World War. He faces 22 charges in total: to 10 of them he has pleaded guilty, including wilfully communicating to an unauthorised person. But the most alarming charge is that he was “aiding the enemy” – in other words, that he intentionally helped al-Qa’ida.
No wonder powerful interests in the US want to make an example of Manning (http://www.independent.co.uk/voices/commentators/matthew-norman/matthew-norman-bradley-manning--the-prisoner-who-exposes-american-hypocrisy-6279782.html). Among the videos he released was an Apache helicopter conducting a bombing raid that killed Iraqi civilians and a Reuters journalist. “The most alarming aspect of the video to me was the seemingly delightful bloodlust they appeared to have,” Manning has said, appalled by the lack of “value for human life” shown by the pilots’ descriptions of “dead bastards”. Here was the “on-the-ground reality” of both the Iraq and Afghan wars, he claimed.
The truth is Manning has done a great service, both to the American people and to the world as a whole. US foreign policy depends on secrecy, not simply because of fear of US enemies, but because the reality would often horrify the American people.
Back in the 1970s, my parents were among South Yorkshire families who took in Chilean refugees fleeing General Pinochet’s dictatorship. One was a woman with two kids; she had been raped, her husband murdered. She ended her life by flinging herself off a Sheffield tower block. Pinochet’s bloody junta had come to power on the back of secret CIA aid: as Henry Kissinger said before the democratically elected socialist President Salvador Allende was overthrown: “I don’t see why we need to stand by and watch a country go Communist due to the irresponsibility of its people.” Under Reagan, US-backed right-wing terrorists went on a frenzied rampage across Central America: there was an intentional conspiracy to keep this horrendous reality away from the American people.
This was a long time ago, some will say; it was the Cold War, after all, and normal rules were suspended. That’s probably little comfort to those still grieving the Disappeared, and indeed there is substantial evidence of US involvement in the more recent 2002 coup against Venezuela’s Hugo Chávez (http://www.independent.co.uk/voices/comment/hugo-chavez-was-a-democrat-not-a-dictator-and-showed-a-progressive-alternative-to-neoliberalism-is-both-possible-and-popular-8522329.html). But there has been a striking continuity in US foreign policy since 1898, when the American Anti-Imperialist League – dominated by an old guard horrified at a slide towards European-style colonialism – opposed the bloody invasion of the Philippines.
There has always been a somewhat Orwellian quality to US foreign policy: “we have always been at war with Islamic fundamentalism”, for example. And yet in the 1980s, US arms were distributed through Pakistan’s secret services to the Afghan mujihadeen: they were freedom-fighters, you see. Then we ended up in a never-ending war in Afghanistan, battling on behalf of a corrupt and undemocratic government, against Islamic fundamentalist elements. Several hundred miles away, the US is proactively backing Syria’s jihadists alongside its Islamist fundamentalist ally, Saudi Arabia. Waves of Islamist fighters were recruited by the calamity of Iraq.
There is nothing patriotic about the poorly scrutinised actions of the US foreign policy elite. Scores of young men or women are sent to be killed or maimed: those who call for bringing them to safety are smeared as “unpatriotic”. US civilians are put at risk of “blowback”, a CIA word for the unintended consequences of foreign interventions. They can even fail disastrously on their own terms. Back in the 1950s, the US helped overthrow Iran’s last democratically-elected Prime Minister, Mohammad Mosaddegh, fuelling anti-American sentiment that helped drive the Iranian Revolution.
That is why Manning has done us such a service. He has encouraged us to scrutinise the hidden realities of US power, and consider the dire consequences of decisions shrouded in secrecy. His actions should compel us to build a more open, balanced world, where great powers are less able to throw their poorly understood weight around. It would be a long-term investment: the US is in long-term decline, and autocratic China may take its place, quite possibly using its power more unjustly. Better, then, to challenge this world order now.
I happen to believe the creation of such a world is not a naïve fantasy. It can and must be built. And however your trial goes, you, Mr Manning, will be remembered for your own contribution in building it.




http://www.independent.co.uk/voices/comment/the-united-states-should-be-in-the-dock-not-bradley-manning-8641164.html

[palani]

I have to laugh at that charge of giving aid to the ENEMY. For there to be an enemy there must be a declaration of war and that seems to be sadly lacking.

[gunDriller]

I have to laugh at that charge of giving aid to the ENEMY. For there to be an enemy there must be a declaration of war and that seems to be sadly lacking.

giving aid to Israel's enemies ?

if they're Israel's enemies - they are our friends - for the most part.

[palani]

From Bouvier

ENEMY, international law. By this term is understood the whole body of a nation at war with another. It also signifies a citizen or subject of such a nation, as when we say an alien enemy. In a still more extended sense, the word includes any of the subjects or citizens of a state in amity with the United States, who, have commenced, or have made preparations for commencing hostilities against the United States; and also the citizens or subjects of a state in amity with the United States, who are in the service of a state at war with them. Salk. 635; Bac. Ab. Treason, G.

2. An enemy cannot, as a general rule, enter into any contract which can be enforeed in the courts of law; but the rule is not without exceptions; as, for example, when a state permits expressly its own citizens to trade with the enemy; and perhaps a contract for necessaries, or for money to enable the individual to get home, might be enforced. 7 Pet. R . 586.

3. An alien enemy cannot, in general, sue during the war, a citizen of the United States, either in the courts of, the United States, or those of the several states. 1 Kent, Com. 68; 15 John. R. 57 S. C. 16 John. R. 438. Vide Marsh. Ins. c. 2, s. 1; Park. Ins. Index. h. t.; Wesk. Ins. 197; Phil. Ins. Index. h. t.; Chit. Comm. Law, Index, h. t.; Chit. Law of Nations, Index, h. t.

4. By the term enemy is also understood, a person who is desirous of doing injury to another. The Latins had two terms to signify these two classes of persons; the first , or the public enemy, they called hostis, and the latter, or the private enemy, inimicus.

See also ALIENS in Bouviers:

Aliens are either alien friends or alien enemies. It is only alien friends who have the rights above enumerated; alien enemies are incapable, during the existence of war to sue, and may be ordered out of the country.

[Hatha Sunahara]

It seems that the foreign policy establishment regards the American people as the enemy. That is not surprising, since they are engaged in a bitter class war, which for the most part, the American people are unaware. The battlefield is mostly on the information front. Bullets are reserved entirely for people who are unable to fight back--such as the Iraqis--who are murdered wantonly in a wholesale fashion. Murderers generally regard witnesses as enemies. Low level murderers don't record their misdeeds. State murderers seem to need a record of their misdeeds which they protect with a threat of murder to anyone who makes such records public. That is what we are seeing here in Bradley Manning's 'trial'. Why they haven't murdered him yet is anyone's guess.


Hatha

[Serpo]

Assange Statement on the First Day of Manning Trial Monday 3rd June 2013, 22:00 GMT Statement by Julian Assange
As I type these lines, on June 3, 2013, Private First Class Bradley Edward Manning is being tried in a sequestered room at Fort Meade, Maryland, for the alleged crime of telling the truth. The court martial of the most prominent political prisoner in modern US history has now, finally, begun.
It has been three years. Bradley Manning, then 22 years old, was arrested in Baghdad on May 26, 2010. He was shipped to Kuwait, placed into a cage, and kept in the sweltering heat of Camp Arifjan.
"For me, I stopped keeping track," he told the court last November. "I didn’t know whether night was day or day was night. And my world became very, very small. It became these cages... I remember thinking I’m going to die."
After protests from his lawyers, Bradley Manning was then transferred to a brig at a US Marine Corps Base in Quantico, VA, where - infamously - he was subjected to cruel, inhuman and degrading treatment at the hands of his captors - a formal finding by the UN. Isolated in a tiny cell for twenty-three out of twenty-four hours a day, he was deprived of his glasses, sleep, blankets and clothes, and prevented from exercising. All of this - it has been determined by a military judge - "punished" him before he had even stood trial.
"Brad’s treatment at Quantico will forever be etched, I believe, in our nation’s history, as a disgraceful moment in time" said his lawyer, David Coombs. "Not only was it stupid and counterproductive, it was criminal."
The United States was, in theory, a nation of laws. But it is no longer a nation of laws for Bradley Manning.
When the abuse of Bradley Manning became a scandal reaching all the way to the President of the United States and Hillary Clinton’s spokesman resigned to register his dissent over Mr. Manning’s treatment, an attempt was made to make the problem less visible. Bradley Manning was transferred to the Midwest Joint Regional Correctional Facility at Fort Leavenworth, Kansas.
He has waited in prison for three years for a trial - 986 days longer than the legal maximum - because for three years the prosecution has dragged its feet and obstructed the court, denied the defense access to evidence and abused official secrecy. This is simply illegal - all defendants are constitutionally entitled to a speedy trial - but the transgression has been acknowledged and then overlooked.
Against all of this, it would be tempting to look on the eventual commencement of his trial as a mercy. But that is hard to do.
We no longer need to comprehend the "Kafkaesque" through the lens of fiction or allegory. It has left the pages and lives among us, stalking our best and brightest. It is fair to call what is happening to Bradley Manning a "show trial". Those invested in what is called the "US military justice system" feel obliged to defend what is going on, but the rest of us are free to describe this travesty for what it is. No serious commentator has any confidence in a benign outcome. The pretrial hearings have comprehensively eliminated any meaningful uncertainty, inflicting pre-emptive bans on every defense argument that had any chance of success.
Bradley Manning may not give evidence as to his stated intent (exposing war crimes and their context), nor may he present any witness or document that shows that no harm resulted from his actions. Imagine you were put on trial for murder. In Bradley Manning’s court, you would be banned from showing that it was a matter of self-defence, because any argument or evidence as to intent is banned. You would not be able to show that the ’victim’ is, in fact, still alive, because that would be evidence as to the lack of harm.
But of course. Did you forget whose show it is?
The government has prepared for a good show. The trial is to proceed for twelve straight weeks: a fully choreographed extravaganza, with a 141-strong cast of prosecution witnesses. The defense was denied permission to call all but a handful of witnesses. Three weeks ago, in closed session, the court actually held a rehearsal. Even experts on military law have called this unprecedented.
Bradley Manning’s conviction is already written into the script. The commander-in-chief of the United States Armed Forces, Barack Obama, spoiled the plot for all of us when he pronounced Bradley Manning guilty two years ago. "He broke the law," President Obama stated, when asked on camera at a fundraiser about his position on Mr. Manning. In a civilized society, such a prejudicial statement alone would have resulted in a mistrial.
To convict Bradley Manning, it will be necessary for the US government to conceal crucial parts of his trial. Key portions of the trial are to be conducted in secrecy: 24 prosecution witnesses will give secret testimony in closed session, permitting the judge to claim that secret evidence justifies her decision. But closed justice is no justice at all.
What cannot be shrouded in secrecy will be hidden through obfuscation. The remote situation of the courtroom, the arbitrary and discretionary restrictions on access for journalists, and the deliberate complexity and scale of the case are all designed to drive fact-hungry reporters into the arms of official military PR men, who mill around the Fort Meade press room like over-eager sales assistants. The management of Bradley Manning’s case will not stop at the limits of the courtroom. It has already been revealed that the Pentagon is closely monitoring press coverage and social media discussions on the case.
This is not justice; never could this be justice. The verdict was ordained long ago. Its function is not to determine questions such as guilt or innocence, or truth or falsehood. It is a public relations exercise, designed to provide the government with an alibi for posterity. It is a show of wasteful vengeance; a theatrical warning to people of conscience.
The alleged act in respect of which Bradley Manning is charged is an act of great conscience - the single most important disclosure of subjugated history, ever. There is not a political system anywhere on the earth that has not seen light as a result. In court, in February, Bradley Manning said that he wanted to expose injustice, and to provoke worldwide debate and reform. Bradley Manning is accused of being a whistleblower, a good man, who cared for others and who followed higher orders. Bradley Manning is effectively accused of conspiracy to commit journalism.
But this is not the language the prosecution uses. The most serious charge against Bradley Manning is that he "aided the enemy" - a capital offence that should require the greatest gravity, but here the US government laughs at the world, to breathe life into a phantom. The government argues that Bradley Manning communicated with a media organisation, WikiLeaks, who communicated to the public. It also argues that al-Qaeda (who else) is a member of the public. Hence, it argues that Bradley Manning communicated "indirectly" with al-Qaeda, a formally declared US "enemy", and therefore that Bradley Manning communicated with "the enemy".
But what about "aiding" in that most serious charge, "aiding the enemy"? Don’t forget that this is a show trial. The court has banned any evidence of intent. The court has banned any evidence of the outcome, the lack of harm, the lack of any victim. It has ruled that the government doesn’t need to show that any "aiding" occurred and the prosecution doesn’t claim it did. The judge has stated that it is enough for the prosecution to show that al-Qaeda, like the rest of the world, reads WikiLeaks.
“Liberty cannot be preserved without a general knowledge among the people," wrote John Adams, "who have a right and a desire to know.”
When communicating with the press is "aiding the enemy" it is the "general knowledge among the people" itself which has become criminal. Just as Bradley Manning is condemned, so too is that spirit of liberty in which America was founded.
In the end it is not Bradley Manning who is on trial. His trial ended long ago. The defendent now, and for the next 12 weeks, is the United States. A runaway military, whose misdeeds have been laid bare, and a secretive government at war with the public. They sit in the docks. We are called to serve as jurists. We must not turn away.
Free Bradley Manning. (http://wikileaks.org/Bradley-Manning-Trial-FAQ.html)
No copyright has been asserted for this document. Julian Assange has entered it into the public domain (https://creativecommons.org/publicdomain/zero/1.0/).
http://wikileaks.org/Assange-Statement-on-the-First-Day.html