Sunday, January 23, 2011

Bradley Manning Is Denied His One Authorized Visitor - UPDATED 3x

The Quantico folks have decided to play hardball. Putting aside for the moment Manning's military obligations, please note, to start with, that he 1) is an American citizen, 2) has been held without charge and without legal counsel for some months now, and 3) is to all appearances confined to his cell 23 hours in a day, a practice that many argue is tantamount to torture... remember, Manning has not been charged with a crime under either conventional criminal law or UCMJ.

Tonight, his one permitted weekly visitor, David House, and the latter's driver, Jane Hamsher, were detained at the gate of the base for long enough to prevent House from visiting with Manning during permitted hours. Hamsher, who carried with her a petition of 40,000+ names urging due process for Manning, was denied any opportunity to present the petition to base authorities. Moreover, Hamsher's vehicle was cited for lack of proof of insurance... on every prior visit, her digital insurance ID had been accepted... and towed off base once she was released from detention. The guards who did all this were quite emphatic that the orders came "from the top." Which "top"? the base commander? the Commander-in-Chief?

It is pretty clear to most observers that the intent is to browbeat (torture?) Manning into making a statement implicating Julian Assange of Wikileaks for... what, exactly? Assange, no doubt an obnoxious guy, has behaved just like... just like a journalist, an honest journalist, and that apparently is sufficient to ensure his persecution.

It pains me to see my own government so willing to resort to "enhanced interrogation" of people not even charged with a crime. How low America has fallen.

AFTERTHOUGHT:  Before you argue whether Assange had a right to publish the material, please read the wiki regarding the Supreme Court's decision on the Pentagon Papers. The burden of proof for prior restraint is rightly very, very high. Are these Wikileaks papers embarrassing (or worse) to currently serving and recent high government officials? No doubt many of them are. Can the government take legal steps to stop them from being published? Probably not. Will they resort to illegal means? Is the Pope Catholic?

UPDATE Sunday evening:  Jane Hamsher's account of the event is posted. Please read it.

UPDATE Tuesday morning:  Bryan of Why Now provides a convincing explanation of the whole episode in comments to this post. I am taking the liberty of reproducing his comment here:

OK, I think I know who and why. The who is the Quantico brig commander and the the why is that s/he had just been smacked down for ordering a suicide watch on Manning. A suicide watch may only be ordered by medical personnel.

Further, there are now leaks that there is no indication of any connection between Manning and Assange, something that the DoJ really needed to prove to cobble up any kind of charge against Assange.

The brig commander will now retire at his/her current rank, rather than being offered another position or given a retirement promotion. I would imagine that the officer is a bit upset by that, and the juvenile performance at the gate is probably the result.

They have stretched the military system of justice to a breaking point with the conduct in the Manning case, it is very possible that they may not be able to try him now, depending on the outcome of a petition just filed by Manning's lawyer. The UCMJ is hard, but just, and there are definite rules about how long you can be held before the formal process begins.

UPDATE Tuesday late morning: Details are emerging confirming Bryan's explanation. Here's Trevor Fitzgibbon of FDL:

Military officials admitted today that Quantico Brig Commander James Averhart improperly classified Bradley Manning as a “suicide risk” in order to impose harsh conditions on him as punishment for failure to follow orders. Averhart’s order overruled the opinion of three brig psychiatrists who said Manning was not at risk. 

The statement comes one day after David House, Manning’s only regular visitor, was detained for two hours by military police and prevented from seeing Manning until visiting hours were over.

“With today’s admission, the government acknowledges they have been abusing Bradley Manning’s medical classification to consciously subject him to relentless isolation and deprivation,” says House. “President Obama and Robert Gates should heed the call of the United Nations, Amnesty International and Psychologists for Social Responsibility and put an end to Bradley’s cruel and inhumane treatment.”

...
Military officials also confirm that investigators have been unable to make any direct connection between Bradley Manning and Julian Assange. In December of 2010, the New York Times reported that the Justice Department was attempting to build a case against Assange by looking for evidence he colluded with Manning.

...


Follow the link to see more details. If you are an American, as you read, remember that this is what your nation has become.

4 comments:

  1. 'Outrage' defines my thoughts on this.

    ReplyDelete
  2. Disturbing indeed. I haven't yet read Jane's account, but plan to go there next.

    ReplyDelete
  3. OK, I think I know who and why. The who is the Quantico brig commander and the the why is that s/he had just been smacked down for ordering a suicide watch on Manning. A suicide watch may only be ordered by medical personnel.

    Further, there are now leaks that there is no indication of any connection between Manning and Assange, something that the DoJ really needed to prove to cobble up any kind of charge against Assange.

    The brig commander will now retire at his/her current rank, rather than being offered another position or given a retirement promotion. I would imagine that the officer is a bit upset by that, and the juvenile performance at the gate is probably the result.

    They have stretched the military system of justice to a breaking point with the conduct in the Manning case, it is very possible that they may not be able to try him now, depending on the outcome of a petition just filed by Manning's lawyer. The UCMJ is hard, but just, and there are definite rules about how long you can be held before the formal process begins.

    ReplyDelete
  4. Bryan, thanks; that would explain a lot.

    My one interest in this matter is not a particular outcome (though I hope for one) but rather clear evidence of due process for everyone involved. There's been a real lack of due process for about 10 years now: under Bush and Obama, certain government agencies seem to feel free to lock up American citizens without charge and throw away the key. This is not even close to acceptable behavior for a representative democracy, and I won't shut up until it stops.

    ReplyDelete

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