The Judicial Lynching of Bradley Manning

The military trial of Bradley Manning is a judicial lynching. The government has effectively muzzled the defense team. The Army private first class is not permitted to argue that he had a moral and legal obligation under international law to make public the war crimes he uncovered. The documents that detail the crimes, torture and killing Manning revealed, because they are classified, have been barred from discussion in court, effectively removing the fundamental issue of war crimes from the trial. Manning is forbidden by the court to challenge the government’s unverified assertion that he harmed national security. Lead defense attorney David E. Coombs said during pretrial proceedings that the judge’s refusal to permit information on the lack of actual damage from the leaks would “eliminate a viable defense, and cut defense off at the knees.” And this is what has happened.

Manning is also barred from presenting to the court his motives for giving the website WikiLeaks hundreds of thousands of classified diplomatic cables, war logs from Afghanistan and Iraq, and videos. The issues of his motives and potentially harming national security can be raised only at the time of sentencing, but by then it will be too late.

 

The draconian trial restrictions, familiar to many Muslim Americans tried in the so-called war on terror, presage a future of show trials and blind obedience. Our email and phone records, it is now confirmed, are swept up and stored in perpetuity on government computers. Those who attempt to disclose government crimes can be easily traced and prosecuted under the Espionage Act. Whistle-blowers have no privacy and no legal protection. This is why Edward Snowden—a former CIA technical assistant who worked for a defense contractor with ties to the National Security Agency and who leaked to Glenn Greenwald at The Guardian the information about the National Security Council’s top-secret program to collect Americans’ cellphone metadata, e-mail and other personal data—has fled the United States. The First Amendment is dead. There is no legal mechanism left to challenge the crimes of the power elite. We are bound and shackled. And those individuals who dare to resist face the prospect, if they remain in the country, of joining Manning in prison, perhaps the last refuge for the honest and the brave.

 

Coombs opened the trial last week by pleading with the judge, Army Col. Denise Lind, for leniency based on Manning’s youth and sincerity. Coombs is permitted by Lind to present only circumstantial evidence concerning Manning’s motives or state of mind. He can argue, for example, that Manning did not know al-Qaida might see the information he leaked. Coombs is also permitted to argue, as he did last week, that Manning was selective in his leak, intending no harm to national interests. But these are minor concessions by the court to the defense. Manning’s most impassioned pleas for freedom of information, especially regarding email exchanges with the confidential government informant Adrian Lamo, as well as his right under international law to defy military orders in exposing war crimes, are barred as evidence.

 

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