[Peace-discuss] Bradley Manning / pre-trial December 16 through December 22

Tue Dec 13 00:53:21 CST 2011

Forwarding....

On December 16th, PFC Bradley Manning may finally get his first day in
court following his arrest in May 2010. The pre-trial phase is
scheduled to begin at Fort Meade, just northeast of Washington DC, and
last through December 22nd.

Title of the email: Bradley's defense argues Obama must testify

Fort Meade Main Gate
Vigil Friday, Dec. 16th, 8am-5pm
Rally Saturday, Dec. 17th, noon
bradleymanning.org

Legal team for Army PFC Bradley Manning fights for fair deal at
pre-trial “Article 32” hearing, supporters rally

Jeff Paterson
Courage to Resist
December 12, 2011

Lead lawyer for accused WiliLeaks whistle-blower US Army PFC Bradley
Manning, attorney David Coombs released the defense’s witness list for
his pre-trial hearing, known as an “Article 32” hearing in military
lingo, last week. On December 16th, PFC Manning may finally get his
first day in court following his arrest in May 2010. The pre-trial
phase is scheduled to begin at Fort Meade, just northeast of
Washington DC, and last through December 22nd. The witness list
represents an expansive range of 48 witnesses that offer significant
insight into the brewing legal battle.

PFC Manning, a 23-year-old Army intelligence analyst, is accused of
blowing the whistle on the “Collateral Murder” video of a US
helicopter attack that killed a dozen unarmed Iraqis, the “Iraq War
Logs”, the “Afghan Diaries”, the “Gitmo Files”, and a trove of
embarrassing US State Department cables by providing these files to
the WikiLeaks website. In short, he is being charged with telling us
the truth.

The actual charges are “various offenses under Article 92 and Article
134” of the Uniform Code of Military Justice, noted Mr. Coombs in last
week’s court filling. “The offenses deal with the incorporation, under
Article 134, of the Espionage Statute 18 U.S.C 793(e),” along with
property and computer fraud statutes. According to the Army, PFC
Manning faces “confinement for life”, followed by a dishonorable
discharge.

The most significant witnesses listed are President Barack Obama,
Secretary of State Hillary Clinton, and former Secretary of Defense
Robert Gates. Two health care professionals on staff at the Quantico
Marine Brig--where PFC Manning was subjected to torturous conditions
for nine months--are also noteworthy.

President Obama’s unlawful declarations and commitment to transparency
questioned

The headline witness requested by the defense is President Barack
Obama. While all witness names were redacted, the identity of witness
#36 is not in question. The court document reads:

The defense requests the presence of --- in order to discuss the issue
of Unlawful Command Influence (UCI)... Under the Uniform Code of
Military Justice (UCMJ), a superior officer in the chain of command is
prohibited from saying or doing anything that could influence any
decision by a subordinate in how to handle a military justice matter.
As the --- made improper comments on 21 April 2011, when he decided to
comment on PFC Manning and his case. On that date, he responded to
questions regarding PFC Manning’s alleged actions by concluding that
“We’re a nation of laws. We don’t let individuals make their own
decision about how the laws operate. He [PFC Manning] broke the law.”
The comments by --- are UCI. The defense intends to question --- on
the nature of his discussions with members of the military regarding
this case and whether he has made any other statements that would
either influence the prosecution of this case or PFC Manning’s right
to a fair trial.

In addition to President Obama’s views of the release of Afghanistan
related documents by WikiLeaks, the defense believes Obama will:

Testify about the problem of over-classification within the
government. Specifically, that he supported and signed into law the
Reducing Over-Classification Act on 7 October 2010. Additionally, he
will testify that on his first full day in office, 21 January 2009, he
issued two memoranda for the head of Executive Departments and
Agencies that were related to transparency in government. The first
memorandum focused on the administration of the Freedom of information
Act (FOIA), and the second focused on transparency and open
government. --- will testify that the transparency memorandum he wrote
committed the administration to “an unprecedented level of openness”
and to the establishment of a “a system of transparency, public
participation, and collaboration.”...

These requests represent an aggressive attempt by PFC Manning’s legal
team to get at the heart of the issues at play in this continuing
persecution: Government transparency or the lack there of, and the
over-classification of documents for no legitimate security purposes.