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Bradley Manning – What the Papers are saying


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Bradley Manning WikiLeaks Court-Martial Enters Third Week
Huffington Post
BY THE ASSOCIATED PRESS. Prosecutors are moving quickly through the court-martial of Pfc.Bradley Manning. The former Army intelligence analyst is charged with aiding the enemy. He has acknowledged sending reams of government secrets to 
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Bradley Manning’s Trial, Day 7 (Live Updates)
Firedoglake
I think there’ll be a ruling from the judge on the admissibility of the 2009 WikiLeaks “Most Wanted” list. Numerous stipulations of testimony are expected in military court at Fort Meade during the seventh day of Pfc. Bradley Manning’s trial. The focus 
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WikiLeaks trial focuses Army email list
KTAR.com
 email addresses an Army private allegedly downloaded to a personal computer could be used by foreign adversaries to launch cyberattacks on service members, a government witness said Monday as the trial of Pfc. Bradley Manning entered its third week.
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Belfast anti-G8 protesters show support for Bradley Manning
Belfast Telegraph
Comments. Email; Print; Font Size. Protesters opposed to next week’s G8 meeting of world leaders have held up placards spelling out the name of US soldier Bradley Manning, suspected of passing classified information to website Wikileaks. Comments.
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Julian Assange Lawsuit Over Bradley Manning Secrecy Argued In Federal Court
Huffington Post
BALTIMORE — Lawyers for WikiLeaks founder Julian Assange duked it out in federal court on Monday with the government over whether the press and public have enough access to records in the court-martial of Bradley Manning, the Army private first class 
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Dispute over documents in the case of Bradley Manning heads to federal court 
Washington Post
BALTIMORE — A dispute over public access to court records in the military trial of Pfc. Bradley Manning is moving from a military court to a civilian one. The New York-based Center for Constitutional Rights initially petitioned an army court in 2012 
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Manning list ‘could prompt attacks’
Belfast Telegraph
 of troop names and email addresses a US army private allegedly downloaded to a personal computer could be used by foreign adversaries to launch cyber attacks on service members, a government witness said as the trial of Bradley Manning entered its 
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Public access fight over Manning docs in Md. court
The Seattle Times
Public access fight over Manning docs in Md. court. A government lawyer said Monday the U.S. Army has released the vast majority of court records in Pfc. Bradley Manning’s case and told a civilian judge the dispute over the records had become moot.
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Maryland: Manning Trial Looks at Address Disclosures
New York Times
Prosecutors laid the groundwork on Monday for trying to prove that Pfc. Bradley Manning gave WikiLeaks the e-mail addresses of more than 70,000 troops deployed in Iraq, a charge to which he has pleaded not guilty. As Private Manning’s trial at Fort 
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Manning’s WikiLeaks trial enters 3rd week
Times of India
FORT MEADE, Maryland: The trial of Bradley Manning now focuses on leaked documents related to the US prison at Guantanamo Bay. The former Army intelligence analyst is charged with aiding the enemy. He has acknowledged sending thousands of 
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Oliver Stone Calls Edward Snowden a Hero
Hollywood Reporter
Stone went on to praise the founder of WikiLeaks, Julian Assange, and whistle blower Bradley Manning. He condemned president Barack Obama’s administration for prosecuting six whistleblower cases despite campaign promises of a more progressive 
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WikiLeaks Founder Goes To Court For Access To Bradley Manning Trial Docs
Bayoubuzz
Physical access to hearings has not been at issue, but the military judge overseeing the case, Col. Denise Lind, has kept transcripts and crucial court motions locked away. The secrecy prompted WikiLeaks founder Julian Assange, along with other 
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David Brooks, Tom Friedman, Bill Keller Wish Snowden Had Just Followed Orders
Huffington Post
Manning was not working out as a soldier, and they discussed keeping him back when his unit was deployed to Iraq,” biographer Chase Madar writes in The Passion of Bradley Manning. “However, in the fall of 2009, the occupation was desperate for 
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Stand With Snowden! Free Bradley Manning! Close Guantánamo!
Scoop.co.nz (press release)
Activists supporting whistleblowers Bradley Manning and Edward Snowden, and calling for the closure of the U.S. prison at Guantánamo, will demonstrate at Senator Feinstein’s office in reply to Feinstein’s remarks accusing Edward Snowden of “treason 
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Public Access Fight Over Manning Docs in Maryland Court
The Epoch Times
This undated photo released Tuesday, June 4, 2013 by the U.S. Army shows a noose Pfc. Bradley Manning made from a bedsheet while he was being detained in Kuwait shortly after his arrest in May 2010. The photo was presented as evidence at a hearing 
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NOW PLAYING AT ART THEATRE: ‘We Steal Secrets: The Story of WikiLeaks’
Long Beach Post
History will forever link WikiLeaks and PFC Bradley Manning, and We Steal Secrets: The Story of WikiLinks will be one of the defining documents on this binary system, jointly responsible for history’s biggest leak of state secrets. And while writer 
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Legal Events to Watch This Week
Wall Street Journal (blog)
This week: The trials of James “Whitey” Bulger, George Zimmerman and Bradley Manningcontinue, and the U.S. Supreme Court is poised to deliver a blockbuster or two. Monday, June 17. • The U.S. Supreme Court is expected to issue orders and opinions.
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Medina Roshan, REUTERS
Welland Tribune
U.S. Army Private First Class Bradley Manning enters the courtroom for day four of his court martial at Fort Meade, Maryland in this June 10, 2013, file photo. 12, 2013. REUTERS/Gary Cameron/Files. Tweet · Bookmark and Share. Change text size for the 
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Manning’s WikiLeaks court-martial enters third week
SCNow
Posted: Monday, June 17, 2013 6:46 am. Manning’s WikiLeaks court-martial enters third week Associated Press |. FORT MEADE, Md. — Prosecutors are moving quickly through the court-martial of Pfc. Bradley Manning. The former Army intelligence analyst is 
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Why do people lie and why do others believe them?
Newsroom Panama
Meanwhile the names of Bradley Manning, Robert Snowden and Julian Assange are known around the world as whistle blowers extraordinaire , hailed by millions, hated by authorities. We are bombarded with lies every day from politicians, advertisers, 
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WikiLeaks breach included secret details on Guantanamo prisoners: official
WHTC
Data released by Private First Class Bradley Manning included biographical material on Guantanamo prisoners, details of their religious affiliation, and names of their relatives with extremist links, Rear Admiral David Woods, who ran the Guantanamo 
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Coalition bipartisan on treatment of Assange
Manning River Times
But she added that the trial of US Army private Bradley Manning might “cast further light on whether WikiLeaks breached any US laws in obtaining that information”. Mr Assange has lived at the Ecuadorian embassy in London for a year, having been granted 
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Oliver Stone Says Edward Snowden Is a Hero
Hollywood Reporter
Stone went on to praise WikiLeaks founder Julian Assange and Bradley Manning, and condemned President Barack Obama’s adminstration for prosecuting whistleblowers. SHANGHAI – Outspoken director Oliver Stone brought thunderous applause to of 
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AP PHOTOS: Chilean torture center becomes shelter
NBC 29 News
Manning’s WikiLeaks court-martial enters 3rd week · Manning’s WikiLeaks court-martial enters 3rd week. Prosecutors are moving quickly through the court-martial of Pfc. Bradley Manning.Full Story. Prosecutors are moving quickly through the court-martial 
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McCain presses Obama on secret emails
WGCL Atlanta
Prosecutors are moving quickly through the court-martial of Pfc. Bradley Manning.More >. A huge database of troop names and email addresses an Army private allegedly downloaded to a personal computer could be used by foreign adversaries to launch 
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Question motives of Snowden, writer
Las Vegas Sun
If public opinion is that Snowden’s actions deserve whistle-blower protection while Pfc. Bradley Manning is being tried for treason, then public opinion (as usual) is mistaken. It’s questionable that Manning and WikiLeaks jeopardized our national 
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Experts doubt intel-leaker Snowden qualifies as whistleblower under federal law
The Republic
Pfc. Bradley Manning is being court-martialed for giving sensitive diplomatic cables, videos and reports to the website WikiLeaks. The soldier’s case is stirring interest anew in Daniel Ellsberg. A former RAND Corp. military analyst, Ellsberg stood 
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Obama’s One-Way Mirror
Truth-Out
This problem of one-way transparency is exemplified by how the government is dealing with the most important criminal trial involving leaks of classified information since the Pentagon Papers: the court-martial of Bradley Manning. The government has 
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Whistle Blowers, Deep States, and Sunlight
Asbarez Armenian News
Daniel Ellsberg (The Pentagon Papaers), Sibel Edmonds (Turkish money in U.S. politics), Julian Assange/Bradley Manning (Wikileaks), and now Ed Snowden (NSA-phone-gate [that’s my invented term]). These are among the best known of the leakers who 
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On Second Thought
Deseret News
Ellsberg: We note the excused absence of Pfc. Bradley Manning. We’d also like to welcome our newest member, Edward Snowden! Snowden: Thank you. Julian Assange: Welcome, although I knew you’d be here. Snowden: How’s that? Assange: I took the 
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Military Judge Runs A Shell Game


To Have a Constitutional Public Trial, Don’t You Have to Let the Public in?

Public access to the Bradley Manning court-martial doesn’t exist in any meaningful sense, despite the demands of the U.S. Constitution or the Manual for Courts Martial United States (MCM) published by the U.S. Dept. of Defense, which is the prosecutor.

Court-martial judge Col. Denise Lind hasn’t exactly banned the public — or reporters, who are part of the public — from the courtroom or its extensions, but she has presided over a system that, so far, seems designed to protect the public’s right to know as little as possible.

It’s a scripted con game, a kind of judicial three-card monte in which the public is expected to keep believing it has a chance to know.  The following excerpts from the script, the unofficial court transcript, illuminate how the military plays the shell game of doing injustice while trying not to let injustice be seen to be done.

The comments here are all by Judge Col. Lind from the June 10 morning session:

“Just for the record, while the court is not interested in getting into the area of who is credentialed and who isn’t credentialed as it’s beyond the scope of this  trial, the court does note and so advised the parties in the RCM 802 that rules of court-martial are not structured to provide a contemporaneous transcript of proceedings.”

Nice distraction, putting attention on “who is credentialed” when the substantive issue us who gets access.  The Judge‘s MCM has no index listing for “press” or “media.”  There is a listing for “public,” which by definition includes all reporters, as well as all military personnel.  That’s in Role 806(a), which also sets the primary expectation that “courts-martial shall be open to the public.”

That “shall” in the rule means that it’s a judge’s primary obligation to open the court-martial to the public, not an option, although the rule provides limited exceptions under exigent circumstances. The rule’s discussion section states: “However, such exigencies should not be manipulated to prevent attendance at a court-martial.”

RCM 802 is a jargon reference to pre-trial hearings that have already been held.

The provision of a “contemporaneous transcript” is another distraction that leads attention away from the need for a meaningfully public trial.

That “the court is not interested” in all this bespeaks a disdain for the public that one would expect to be better concealed.

And that the court has, in effect outsourced its responsibility to control the courtroom and access to it, as described in Rule 806(b)(1), suggests possible dereliction of duty.

Turning to Reader Supported News’s motion, without identifying it beyond “the request for public access or in the alternative motion to intervene to vindicate right to public access,” Judge Col. Lind made findings:

“One. The proceedings have been open to the public since the start of the trial”.”

This may be technically correct and short of a false statement, but it suggests a non-existent state of affairs sharply at odds with the widely-observed restraints put on public access by the judge, the government, or its contractors.  “The court martial of Manning,” observed the Huffington Post, “has been  surrounded by secrecy and security .”

An example of what amounts to military doublespeak is that the court says it’s not “structured” to provide a daily transcript, as if that wasn’t something other courts do and the Army could do if it wanted to.  Worse, even though the Freedom of the Press Foundation is paying for its own stenographers, the judge continues to tolerate interference with the stenographers’ ability to do their job.

“Two. Neither the court nor anyone acting pursuant to order of the court has specifically excluded any person from observing the proceedings either in court or in a designated overflow area.”

One might argue that this is another technically correct statement in the furtherance of falsehood, but it’s more deceitful that that.  Dozens if not hundreds of members of the public have been excluded, by apparent design, either implemented or tolerated by the court.

But they have not been “specifically” excluded and that “specifically” has a serious lawyerly purpose in the worst sense of the word.  Rule 806(b)(1) says, in part: “When excluding specific persons, the military judge must make findings on the record establishing the reason for the exclusion, the basis for the military judge’s belief that exclusion is necessary, and that the exclusion is as narrowly tailored as possible.”

Here, where the court is allowing large-scale, random exclusions there’s no need for findings on the record of the basis for the exclusion, or concern that the exclusion is narrowly tailored.  The exclusion is not narrowly tailored and thus gives the appearance of bad faith.

“Three. Reasonable policies and procedures for media registration and credentialing have been established and published by the Military District of Washington as set forth in appellate exhibit 561.”

That there are “reasonable policies and procedures” is not self-evident and continues to be widely challenged.

More importantly, Rule 806 does not provide for the judge to outsource her responsibility for the courtroom to a third party who is neither answerable nor accountable in reasonably timely manner within the time-pressure of a court-martial.

“Four. 806C prohibits photography and broadcasting to include audio and video recording.”

This is absolutely true, but only if you stop after the first sentence of Rule 806(c).

The second sentence begins, “However, the military judge may, as a matter of discretion permit contemporaneous closed-circuit video or audio transmission”.”

By making this finding, Judge Col. Lind effectively admits that she has chosen to use her discretion to severely limit public access to the court-martial under conditions explicitly anticipated in the rule — “when courtroom facilities are inadequate to accommodate a reasonable number of spectators.”

In what way are the judge’s deliberate truncating of public access not clear violations of at least the First and Fourth Amendment rights of the public and the press?

“Five. The two parties to this trial are the United States and PFC Manning. Unless authorized by the rules for court-martial, or in special circumstances recognized by the Court of Appeals for the Armed Forces, only parties to the

trial have standing to file motions to be considered by this court. ABC Inc. versus Powell, Court of Appeals for the Armed Forces, 1997.”

The opinion cited is not on point, as it deals with an investigative hearing, not a court-martial, and the issue leading to closing the hearing to the public was the protection of women whose sexual histories were likely to be explored during their testimony.

The question of parties to the trial is not at issue in the opinion cited.  The petitioners in the case were media companies (ABC, CBS, NBC, CNN, Fox, and the Washington Post).   They filed a Writ of Mandamus requesting the court to open the hearing in question to the press and public.

The court, in both its preliminary order and final order, ordered the hearings open to the press and public.  The court noted in passing that “we have consistently held that the Sixth Amendment right [to a public trial] does apply to a court-martial.”

So what is Judge Col. Lind talking about?  Certainly not the fact that one of the parties in the case is also her employer.

“Ruling. The court declines to consider [the request for public access] as it is from three individuals who are not parties to the trial and who under the circumstances lack standing to file a motion with the court.” 

Done and done.  The ruling ignores the clearly, repeatedly stated intent of both Rule 806 and the opinion cited to give primacy to the openness of the proceedings.

It might be tempting to think that petitioners who are not parties to a case might be perpetrating a fraud upon the court, but that would be a stretch.  Here, it’s much less of a stretch to consider that perhaps the court is perpetrating a fraud on the public.

“Quia volo” is a seldom-used term in legal circles for judicial decisions of this nature.  It means, “Because I want to.”

via OpEdNews – Article: Military Judge Runs A Shell Game.

1 June International Day of Action for Bradley Manning:


 
Banner at Cardiff Castle

Cor Cochion: Not in My Name

Saturday 1 June is an international day of action for Welsh-American WikiLeaks whistleblower Bradley Manning, facing Court Martial on over 20 charges including ‘Aiding the Enemy’ and a possible sentence of life without parole or even potentially the death penalty if convicted. The trial starts on 3 June and is expected to last over two months. Bradley Manning dared to reveal the truth about US-led wars, US interference around the globe and much more, hoping that this information would trigger “worldwide discussion, debates, and reforms… if not… then we’re doomed as a species.” He went on to say “I will officially give up on the society we have if nothing happens.”

Brad still has many family members living in Wales. Cardiff Reds Choir/Cor Cochion Caerdydd is organising a solidarity event in Cardiff on 1 June. In London, there will be a protest outside the US Embassy . Worldwide events listed at bradleymanning.org.

Saturday 1 June: Cardiff

Cor Cochion Caerdydd Saturday Sing on June 1st 2013 is for Bradley Manning. Singing songs of freedom from around the world.

Where?

Outside St. John’s Church, Cardiff Central Market, The Hayes, Cardiff CF10 1GJ.

When?

Saturday 1 June, from 11.30am – 2pm.

Why?

Join us to give out leaflets, let people know about what’s happening to Bradley, and to raise funds for Bradley’s legal campaign.

More info

For more information, call 01495 220400.

Solidarity actions needed everywhere

This is an international day of action for Bradley Manning on the Saturday before his trial is due to begin in Fort Meade, Maryland, USA. Solidarity actions, vigils, stalls, events needed everywhere.

See also wiseupaction.info.

via 1 June International Day of Action for Bradley Manning: Join Cor Cochion in Cardiff – UK Indymedia.

Press Lose Bid to Shine a Light on Manning Trial


WASHINGTON (CN) – Journalists fighting the secrecy cloud over the trial of WikiLeaks source Bradley Manning found no relief from the military’s highest court.

The Center for Constitutional Rights along with several journalists, including WikiLeaks founder Julian Assange, asked the court to ensure members of the press and public have access to court documents and transcripts in Manning’s case.

With Manning facing a possible life sentence for the charges against him, about a third of the upcoming trial is expected to be held behind closed doors. The trail is set to begin on June 3, 2013.

Manning, a 25-year-old private first class, admitted in late February to having sent the secret-busting website the largest intelligence trove in U.S. history.

The leaked filed included hundreds of thousands of incident reports from the Iraq and Afghanistan wars, Guantanamo detainee profiles, and, most famously, footage of a Baghdad airstrike.

Last year, Col. Denise Lind, the military judge presiding over Manning’s trial, declined to grant media outlets open access to government records and judicial opinions in the case. The case went to the Court of Appeals for the Armed Forces after the U.S. Army Court of Criminal Appeals affirmed Lind’s decision in June.

At a hearing to have the military appeals court widen public access to these proceedings, the five-judge panel questioned whether they had jurisdiction to grant such relief.

Though the judges seemed to see the merit in ordering transparent proceedings, they killed the appeal, 3-2, Wednesday on jurisdictional grounds.

“Here, the accused has steadfastly refused to join in the litigation, or, despite the Court’s invitation, to file a brief on the questions presented,” Judge Scott Stucky wrote for the majority. “We thus are asked to adjudicate what amounts to a civil action, maintained by persons who are strangers to the court-martial, asking for relief expedited access to certain documents that has no bearing on any findings and sentence that may eventually be adjudged by the court-martial.”

The majority distinguished Manning’s court-martial from that of the 1997 case ABC Inc. v. Powell, where the accused “joined the media as party in seeking a writ of mandamus to vindicate his constitutional right to a public trial something which had immediate relevance to the potential findings and sentence of his court-martial.”

In the Manning case, “we are not foreclosing the accused from testing the scope of public access, but he has not done so here,” the ruling continues.

The two dissenting judges insisted, however, that “the general public has a qualified constitutional right of access to criminal trials,” and this includes access to filings.

“Congress did not intend for military judges to operate without review when applying the Rules for Courts-Martial or the Military Rules of Evidence,” Chief Judge James Baker wrote, joined by Judge William Cox. “Neither did Congress intend that review to come in the form of collateral appeal to Article III courts in the context of ongoing courts-martial. That would not provide for a uniform application of the law between services and between courts-martial. It would also be unworkable.”

Appellate jurisdiction is certainly available to review a military judge’s application of Rule for Courts-Martial (R.C.M.) 806, under the Uniform Code of Military Justice (UCMJ), which explains the right to public trial, according to the dissent.

They said the majority opinion will have the unintended consequence of barring “this court from exercising jurisdiction in an appeal arising from an accused’s assertion of his R.C.M. 806 right to a public trial.”

“The majority’s interpretation leaves collateral appeal to Article III courts as the sole mechanism to vindicate the right to a public trial found in R.C.M. 806 beyond the initial good judgment of the military judge,” Baker wrote. “This is unworkable and cannot reflect congressional design or presidential intent. Among other things, such a reading would result in the uneven application of the law depending, as it would, on the fortuity of the geographic locale where a court-martial is convened. In the case of overseas courts-martial it is not clear how this would work at all.”

Judge Cox wrote a separate dissent, joined by Baker, where he highlighted the “responsibility” of military judges “to insure that a military court-martial is conducted so that the military accused and the public enjoy the same rights to a fair and public hearing.”

The military judge’s confusion as to what authority she possesses over trial documents is evident from the record. In the same Article 39(a), UCMJ, 10 U.S.C. § 839(a) (2006), session, the military judge approved the publication of defense motions, pursuant to an agreement with the government, on a defense website, yet then stated she does not possess the authority to authorize release of court documents in response to appellants’ original request before the court, a request which included documents filed with the court such as defense motions. ”

Along with the Center for Constitutional Rights and Assange, the plaintiffs in the case are Salon.com writer Glenn Greenwald, Democracy Now writer Amy Goodman; The Nation writer Jeremy Scahill; Kevin Gosztola of The Dissenter; and attorney Chase Madar.

via Courthouse News Service.

via Courthouse News Service.

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