What we’re learning from the pre-trial hearings

On Friday, the fourth in a series of pre-trial hearings concluded at Fort Meade, Maryland. These hearings have focused on the extent of the charges Bradley will face and the failure of the prosecution to hand over to the defence the information they have asked for in order to make their case. We are only about half of the way through this process with Bradley’s court martial now not due to begin until November at the very earliest.

Despite the best efforts of the US military authorities to inhibit reporting of proceedings (efforts which have now led to legal action being launched by the US Center for Constitutional Rights and others) some information about what is happening is getting out, thanks in no small part to the efforts of activists and citizen journalists who have been attending the hearings and publishing their own reports.

In most court cases, you’d expect an official transcript and court documents to be made available by both sides. In this case, the only official information we have comes from the defence – and the extent of what has been allowed to be released has frequently been argued over in the courtroom. The extent of the secrecy is, of course, revealing in itself.

What else have we learned from proceedings to date?

Key documents have been withheld from Bradley’s defence, with the prosecution playing legal and semantic games to avoid disclosing information that has been requested from them. At the last round of hearings, the defence won the right to see part of the US Government’s WikiLeaks impact assessments – but were told they had to travel hundreds of miles to collect them, even though there was a copy in the courtroom.

Writing a blog could mean you’re aiding the enemy. In refusing to dismiss the most serious charge Bradley faces, that of “aiding the enemy”, military judge Denise Lind has allowed the US government to pursue an argument that the ALCU have argued is “breathtaking”:

… if the government is right that a soldier “indirectly” aids the enemy when he posts information to which the enemy might have access, then the threat of criminal prosecution hangs over any service member who gives an interview to a reporter, writes a letter to the editor, or posts a blog to the internet.

Indeed, the US military has announced plans to step up surveillance of its personnel.

Even bearing in mind the difficulties of reporting, mainstream US coverage has not been all it might be.

***

The next motion hearing starts on 25 June. In London, a solidarity vigil will be held outside the US embassy in Grosvenor Square – check the calendar or wiseupforbradleymanning.wordpress.com for further details.

Update

The US Government has now responded to the CCR’s petition for greater transparency in the ongoing proceedings, arguing that reporters are free to make Freedom of Information Requests. This is a process that can take considerable time and is as such of little use to journalists who need to file reports while proceedings are actually happening. As Kevin Gosztola writes at firedoglake:

… practically speaking, the government obviously does not care if reporters are able to report on the court martial or not.

Writing to Bradley Manning – new details

Bradley Manning has been transferred from Fort Leaveworth for the purposes of his arraignment at Fort Meade, Virginia.  It is not known whether he will remain in Virginia while awaiting his court-martial, which is expected to get underway in August.

David Coombs has posted Bradley’s new contact details over at his blog:

The new mailing address for PFC Manning is the following:

Commander, HHC USAG

Attn: PFC Manning

239 Sheridan Ave, Bldg 417

JBM-HH, VA 22211

As previously noted, PFC Manning is eligible to receive mail from anyone who wishes to write to him. However, the confinement facility does place certain restrictions on what can be sent to PFC Manning. The facility will reject any mail that violates postal regulations or contains obscenity, blackmail, contraband or threats. In addition, the facility has the following restrictions:

a) PFC Bradley Manning cannot receive any cash, checks, or money orders. Due to this additional restriction, our office will ensure that PFC Manning has sufficient funds in his detainee account to purchase items.

b) Photographs are only accepted if printed on copy paper. A maximum of six (6) pages are allowed. Pictures on photograph weight paper are not allowed.

c) Incoming mail will be returned to the sender if, in the opinion of the facility, such mail falls into any of the following categories: 1) Contains inflammatory material or advocates escape, violence, disorder or assault; 2) Directly or indirectly threatens the security, safety or order of the facility; 3) Contains coded or otherwise undecipherable language that prevents adequate review of the material; 4) Is received with “Postage Due”; or 5) Contains items of contraband.

US Ambassador confronted with calls to “Free Bradley Manning”

OccupyLSX to host solidarity rally on 17th December

A beefed up City of London police presence greeted Occupy London activists demanding the freedom of Bradley Manning on the steps of St Paul’s Cathedral in London yesterday (Thursday). US Ambassador Louis Susman was attending the annual Thanksgiving service at the cathedral along with a sizable number of US ex-pats.

US citizens living in this country were also among those demanding the freedom of Bradley Manning. Anthony Timmons, a member of the OccupyLSX tranquility team said: “The weight of public opinion is with us as we stand up for Bradley Manning.  Not only that, fifty of the US’ top congressional scholars – including Laurence Tribe, the top Harvard academic who trained Barack Obama-  agree that Bradley Manning must face a fair public trial, not a military tribunal.”

Bradley Manning, raised in Wales and a UK citizen by virtue of his mother’s nationality, has been imprisoned for the last 18 months in Baghdad, Kuwait, Quantico and Leavenworth. The treatment meted out to Bradley in Quantico prompted the official interest of the UN Special Rapporteur on Torture and the British and German governments and sparked off demonstrations across the world. That international solidarity campaign contributed to Bradley’s move to improved prison conditions this April. [1]

Bradley has been charged with 23 offences in relation to the release of video footage of a US war crime in Baghdad and US embassy cables, including one of “aiding the enemy,” which potentially carries the death penalty. This week, the US Department of Defense announced that Bradley’s courts-martial process will begin with a preliminary hearing at at Fort Meade, Maryland on 16th December – the day before Bradley’s 24th birthday. [2]

A day of international solidarity has been called for 17th December and Occupy LSX at St Paul’s is proud to be hosting the London action. [3] Natalia James, a supporter of Occupy London said: “We do not know if Bradley is guilty of what he is accused of but, if he is, he is a true hero. Holding public institutions and governments responsible for their actions is a vital part of the fight for real democracy and few figures exemplify that more than Bradley Manning, who has managed to achieve that even while being in prison. That is why Bradley’s cause is so important to us here at Occupy London.”

Notes

[1] Bradley Manning’s family welcomes news of his move to prison in Kansas

http://www.guardian.co.uk/world/2011/apr/20/bradley-manning-family-move-kansas

Unmonitored access to detainees is essential to any credible enquiry into torture or cruel inhuman and degrading treatment, says UN torture expert -

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=11231&LangID=E

[2] Law Office of David E. Coombs – Article 32 hearing

http://www.armycourtmartialdefense.info/2011/11/article-32-hearing.html

[3] Occupy LSX solidarity rally for Bradley Manning – http://events.bradleymanning.org/occupylsx/occupy_lsx_solidarity_rally_for_bradley_manning

Michael Moore on Bradley Manning

Thanks to Code Pink for this video from Michael Moore’s book launch in New York last night (Tuesday), where he was asked about Bradley Manning.

What can we do to make sure Bradley Manning receives a fair trial?

That’s a very good question. I hope all of you know about Bradley Manning – if you don’t you should get on it tonight and read about it.  This is very sad that he’s taken the fall for doing something that, allegedly, he felt was right and good for the country.

In another era, Daniel Ellsberg was lauded for it.  In this era, Bradley Manning doesn’t have the support of the media that supported Daniel Ellsberg.  I think you need to write letters, if you’re not on the internet, I think you need to organise people to inform them of this… We have a problem because we have a media that does not want to respond to this.

Council of Europe report: the world is “indebted” to Bradley Manning

As just reported by the BBC, Council of Europe special rapporteur Dick Marty – best known for his reports on European complicity in extraordinary rendition – has presented his draft report on the “abuse of state secrecy and national security” to the Council of Europe Parliamentary Assembly.  Marty’s report makes clear the importance whistleblowers play in keeping democracy alive and his expression of concern about Bradley Manning’s treatment is incredibly important.

The full report may be read here, but here’s the relevant passage:

Finally, the fundamental role played by whistleblowers must not be forgotten. Their importance of their contribution is in fact proportionate to the extent that secrecy is still imposed. It is not exaggerated that, still today – and in some cases even more so than in the past – we are confronted with a real cult of secrecy; secrecy as an instrument of power, as Hannah Arendt reminds us in the citation at the very beginning of this report. It is therefore justified to say that whistleblowers play a key role in a democratic society and that they contribute to making up the existing deficit of transparency. We said so before: the Assembly’s reports of 2006 and 2007 and, more recently, the revelations concerning “black sites” in Lithuania are due to a large extent to honest officials who, for ethical reasons and taking great risks, could not and would not take part any longer in illegal activities or cover them up by remaining silent. In this connection, we should also remember Bradley Manning, the young American soldier accused of providing Wikileaks with a large number of confidential documents. High-ranking American officials and numerous voices of international public opinion have expressed indignation at the inhuman and degrading treatment which Mr Manning is said to have undergone. It will be up to the courts to judge. But we cannot ignore that according to the very accusations made against him we are indebted to him for the publication both of a recording of a helicopter attack in Iraq, in which the crew seems to have intentionally targeted and killed civilians. The video  recording seemingly indicates a deliberate criminal act which deserves at least an investigation, which, without this indiscretion, would have never been requested. This is a classic example of an illegitimate secret. In addition, the publication of a large number of embassy reports has allowed us to learn significant details of important recent events and which are obviously of general interest. We must not forget either that these publications have brought numerous confirmations of findings included in the Assembly’s reports of 2006 and 2007 on the CIA flights and secret prisons. All those who at the time called for “proof, proof!” have in any case been well served.

The Council of Europe’s Parliamentary Assembly will debate the report in the first week of October.

Update

The story has now also  been reported at Business Insider and the Bradley Manning Support Network have issued this statement.

UK Friends of Bradley Manning meet on Thursday 15th September in Central London

RSVP: 
Please reply to ukfriendsofbradleymanning@gmail.com
Or subscribe at: http://www.ukfriendsofbradleymanning.org/

When:
Thursday 15th September
From 7:00pm (til 10:00pm)

Where:
Upstairs at The Plough
27 Museum Street, London, WC1A 1LH

Tube:
Holborn

Map:
http://bit.ly/lUALYZ

UK Friends of Bradley Manning meet on Thursday, 15th September from 19:00.   We are now beginning to plan for the autumn when we expect Bradley’s legal case to get underway.

If you have thought about getting involved in the campaign, want to know what we’re up to nationwide or just want to find out more about Bradley Manning then please join us!

RSVP:
Please reply to ukfriendsofbradleymanning@gmail.com
Or subscribe at: http://www.ukfriendsofbradleymanning.org/

 

Join us at the Plough, Holborn on Thursday 15th September

Statement on WikiLeaks release of US diplomatic cables

Yesterday evening WikiLeaks made their complete archive of US diplomatic cables available to the public. This publication appears to have been precipitated by an unintentional leak of a file containing the same material, involving one of their media partners. A statement from WikiLeaks explained the shift in approach, away from selectively publishing redacted cables over a period of several months:

“Revolutions and reforms are in danger of being lost as the unpublished cables spread to intelligence contractors and governments before the public.”

PFC Bradley Manning remains imprisoned at Fort Leavenworth in retaliation for being the alleged whistle-blower who provided these cables to WikiLeaks. After over 15 months in detention, he is still awaiting military trial. His legal team is preparing for a round of pre-trial hearings that could begin as early as next month.

Conversations that have been attributed to Bradley Manning suggest that the intent of releasing documents to WikiLeaks was to allow journalists the ability to explore evidence of wrongdoing in order to stimulate reforms and debate.

Whomever provided these documents to WikiLeaks would have expected the same sort of confidence, as any source, for the material to be handled with care. Regardless of whether a former WikiLeaks staffer or a media partner was ultimately responsible for breaking this confidence, our focus remains on using this information to help level the playing field for those struggling against injustice around the world.

Just this week, previously unavailable evidence of illegal behavior and other critically important information has emerged from this material. A cable from Beijing reveals that China’s rapidly expanding nuclear power sector is utilizing old technology that leaves reactors dangerously vulnerable to otherwise avoidable meltdown. Another cable from Baghdad provides details about the execution of Iraqi civilians, including children and infants. This information should never have been withheld from the public domain.

We will not relent in our demand that the Obama administration drop all charges against PFC Bradley Manning, and not only because of the unlawful pre-trial punishment he has endured. If Bradley Manning is indeed the source of these revelations, he should be given a hero’s welcome home for his courage in standing up for justice and government transparency.