BRADLEY MANNING, the US soldier who handed thousands of classified government files to WikiLeaks, faces spending the rest of his life in prison despite being acquitted yesterday of help read full article
The verdict for Manning was predetermined, and the show trial in a kangaroo court – a post-modern American remix of China in the 1960s during the Cultural Revolution – just signed, sealed and… read full article
Bradley Manning acquitted of aiding enemy in WikiLeaks case … information that included battlefieldreports from the Iraq and Afghanistan wars. … a professor of international relations at Boston University and former officer in …
The American journalism trade is breathing a collective – but premature and, in many cases, grossly hypocritical – sigh of relief today. A military judge has found Bradley Manning guilty of many crimes, but “aiding the enemy” isn’t one of them.
Had the judge found Manning guilty of aiding the enemy, she would have set a terrible precedent. For the first time, an American court – albeit a military court – would have said it was a potentially capital crime simply to give information to a news organization, because in the internet era an enemy would ultimately have been able to read what was leaked.
However, if journalism dodged one figurative bullet, it faces many more in this era. The ever-more-essential field of national security journalism was already endangered. It remains so. The Obama administration’s war on leaks and, by extension, the work of investigative reporters who dare to challenge the most secretive government in our lifetimes, has been unrelenting.
The Manning verdict had plenty of bad news for the press. By finding Manning guilty of five counts of espionage, the judge endorsed the government’s other radical theories, and left the journalism organization that initially passed along the leaks to the public, Wikileaks, no less vulnerable than it had been before the case started. Anyone who thinks Julian Assange isn’t still a target of the US Government hasn’t been paying attention; if the US can pry him loose from Ecuador’s embassy in London and extradite him, you can be certain that he’ll face charges, too, and the Manning verdict will be vital to that case.
The military tried its best to make life difficult for journalists covering the Manning trial, but activists – not traditional journalists – were the ones who fought restrictions most successfully. Transcripts weren’t provided by the government, for example. Only when the Freedom of the Press Foundation crowd-sourced a court stenographer did the public get a record, however flawed, of what was happening.
That public included most of the press, sad to say. Only a few American news organizations (one is the Guardian’s US edition) bothered to staff the Manning trial in any serious way. Independent journalists did most of the work, and did it as well as it could be done under the circumstances.
The overwhelmingly torpid coverage of this trial by traditional media has been yet another scandal for the legacy press, which still can’t seem to wrap its collective brain around the importance of the case, and especially its wider context. National security journalist Jeremy Scahill summed it up after the verdict when he told Democracy Now: “We’re in a moment when journalism is being criminalized.”
For those who want to tell the public what the government is doing with our money and in our name, there are new imperatives. Governmental secrecy, surveillance and the systematic silencing of whistleblowers require updated methods for journalists and journalism organizations of all kinds. Americans pursuing this craft have to understand the risks and find countermeasures.
That is not enough. The public needs to awaken to the threat to its own freedoms from the Obama crackdown on leaks and, by extension, journalism and free speech itself. We are, more and more, a society where unaccountable people can commit unspeakable acts with impunity. They are creating a surveillance state that makes not just dissent, but knowledge itself, more and more dangerous. What we know about this is entirely due to leakers and their outlets. Ignorance is only bliss for the unaccountable.
Fort Meade, MD – The United States has had, clearly, a bit of an issue with whistleblowers in recent years. The newest and biggest one, perhaps the most damaging, is still ongoing but there is still another one playing out in the courts, the saga of Bradley Manning which is rapidly coming to a conclusion.
After weeks of testimony and legal finagling, yesterday Judge Denise Lind retired to her chambers to deliberate in the remaining charges against Manning. Some of the initial crime with which he was charged Manning has pled guilty to, but others still stand and many of them are very, very serious.
Now Manning will await his fate, judge by a single person and not by a jury of his peers, this being a military court and all, which could very well result in a conviction for the 25-year old Manning. Actually, given the politically charged atmosphere of the case and there really being no other option, it’s pretty much guaranteed that he will be found guilty on all the charges, heck there’s no real reason to even bother with the deliberation, it’s going to happen.
“He’s not seeking attention. He’s saying he’s willing to accept the price. That is a whistleblower, period. That is somebody who wants to inform the American public,”said Manning’s lawyer David Coombs upon concluding his case.
Really, little of what Manning leaked mattered all that much save for a single video showing U.S. troops gunning down Reuters reporters, which was a little embarrassing.
Despite a willingness to take responsibility for his actions, it’s believed that Manning would still prefer to not go to jail for the rest of his life.
“I think it’s pretty clear what the judge’s decision is going to be since this case is what it is. I mean this is no small thing, not tiny little event that just happened to happen. Aside from the trouble that it cause, giving him release could give other people so inclined to do the same thing, and that is not something anyone wants I would think,” said Scrape TV Legal analyst Gabe Hawthorne. “This is one of those cases where the law is actually not totally relevant to the outcome, what matters is what people want and people want Manning to go to prison for a long time. Manning obviously not but he doesn’t really get a say.”
Manning has said on multiple occasions, perhaps even to the judge, that he would prefer to stay out of prison if that is possible.
“It’s really a sticky situation where what is right legally is not necessarily in lock step with what people seem to want. Often that results in people getting angry, but that is unlikely here because Manning acted against the government. Perhaps if the information belonged to a young black kid if Florida he would be okay, but the U.S. government is a different animal,” continued Hawthorne. “That is really what has gotten him in the most trouble, who he went up against. A lesser agency and everything would have been fine because what he did wasn’t really that bad, but he made the government look bad and when that happens they will seek revenge, and have it most likely.”
The judge is believed to be just waiting around to announce the decision she made before the trial started
While the world has become fixated on the NSA’s domestic and foreign surveillance activities in the past months, the trial of Private First Class Bradley Manning is coming to a close. Concluding arguments were heard today. The government, as BoingBoing notes, is trying to convict Manning using the Espionage Act, and slap him with the charge of ‘aiding the enemy.’ Manning has plead guilty to “lesser” charges.
We in technology must pay attention to those willing to leak from the government, given that such information has played a key role in the shaping of public opinion regarding piracy and privacy among other issues. The Snowden effect is material, and critical.
Firedoglake has done a masterful job of not only reporting on the case, but also live-blogging as much as possible.
The government alleges that Manning leaked not out of a desire to spread knowledge of government and military misdeed, but instead out of a lust for fame. His pride, it was asserted, was proven because the government produced a picture of a smiling Manning. Hard evidence, certainly.
At the same time, as Nathan Fuller pointed out, “Govt repeating over & over #Manning was obsessed about his own fame, craved notoriety. At same time arguing further he kept identity hidden.” If you can untangle the logic behind that argument, you are a better person than I.
Regarding the Collateral Murder video that showed needless civilian deaths, the government, according to Firedoglake merely stated that the clip contained “actions and experiences of service members conducting a wartime mission.” The government put a price on the “worth” of the Afghanistan and Iraq Logs that Wikileaks released to the public at $1.3 million and $1.9 million, respectively.
The idea of prosecuting Manning for “aiding the enemy” is worrisome, as it is an around-the-side charge: Manning provided information to the enemy because he gave it to a journalistic organization that published it, allowing the “enemy” to read it; this would make all leakers and whistle blowers potentially legally damnable on the same charge. If we set that precedent, investigative journalism will take a body blow.
From a pure journalism perspective, current treatment of reporters inside the courtroom would be laughable if it weren’t so blatantly intimidatory. I quote, to preserve the original voice, Alexa O’Brien:
Journalists sending me emails telling me soldier stationed right behind me with a gun. I tell you, OVER THE TOP JUDGE LIND #Manning
And, for taste, Kevin Gosztola:
Armed military police officer leans over my shoulder & informs me not to have browser windows open during court proceedings #Manning
So, we aren’t being fed what could be called a full dish of the proceedings, because armed folks are telling people to knock it the hell off. We can disagree all evening about the guilt of Mannning, and the efficacy of leaks to the national discourse, and their potential denigration of our national security, but at least we can agree that threatening the press with soldiers isn’t in the best of taste.
When the verdict is given, we’ll update this post and bring you the news. That is, if the government allows the press to report it.
If Manning is ever released, he will re-enter a world ready to embrace him, advanced with the understanding to recognize his greatness.
Mark Wilson, Getty Images)
Zoom in on an aerial image of the Fort Meade military base and you will see miles of sprawling green fields and parking lots separating homes and administrative buildings. From that vantage point the magistrate court looks about the size of a Mack Truck. History is being made in that little building, the court martial of Pfc. Bradley Manning is being held there.
Two weeks ago, in the swampy heat, I stood outside that single-floor courthouse. A crowd of about twenty-five of us were gathered in a narrow paved area between trailers for restrooms, crowd overflow, and the security check-in. There was a man near the entrance that had to be in his eighties. I overheard him interrupt a conversation to ask, “What’s an e-reader?” A white haired woman told him it is a thin device that holds loads of books as digital files. He paused, perhaps to consider how the contents of his personal library might be encoded to fit inside something not much bigger than a calculator. I looked around again. Maybe a third of the people attending the trial as spectators could remember the bombing of Pearl Harbor as clearly as 9-11. And quite a number more looked like retired boomers. Has AARP thrown its weight behind hacktivist causes? Were they cypherpunks in elaborate disguise?
I started talking with a retired woman who drove down from Pennsylvania. I asked how she felt about the prosecution’s depiction of WikiLeaks as a terrorist abettor. “Well, I’m not as concerned with that,” she said. “I’m here because they were torturing that kid.”
I was there because they were torturing that kid.
Last winter, I read a tweet from the Guardian‘s Ed Pilkington quoting Manning’s testimony in the pre-trial hearing. I shut my phone off and stared out the window — a tiny privilege that Manning had for so long been denied:
“BRADLEY MANNING: ‘You could see the reflection of the reflection of the skylight if you angled your face on the cell door’ – Quantico” — @Edpilkington
From then on, I found myself often thinking about Manning straining to see a “reflection of the reflection” while locked away at the brig. And for what? For exposing criminality and corruption on a worldwide structural level when no one else dared. But in the courtroom, Manning looks so earnest. He appears confident, not frail. You can see in him a glimmer of the “bradass87″ that once wrote to a friend that he would like to be like his idols, “richard feynman, carl sagan, harvey milk, etc.”
The enormity of his actions sits in contrast with the work-a-day procedure of the court martial. But that is Washington for you, a city where you might meet diplomats with sweat stains under the arms of their dress shirts and stateswomen in fraying stockings. Power appears unexpectedly accessible and deceivingly provincial. The prosecutors — representing the US government — seem guided less by iron fist than egregious technical illiteracy. The people who tortured Bradley Manning do not have horns. And that makes it all much worse.
Earlier that day, I left my phone in a friend’s glove compartment and handed my umbrella to a soldier as another searched my bag in the security trailer. Anyone can walk in and observe the proceedings. It is a short train ride from Union Station and the Bradley Manning Support Network arranges pickups, but too few people are taking advantage of this opportunity. On a panel at Left Forum, Jessalyn Radack, the attorney who represented NSA whistleblower Thomas Drake, said that some days there were only six spectators. Nearing a verdict now, the courtroom is typically full, but the overflow trailer still has plenty of room. It makes a difference. They announce court attendance every morning.
How many people even know the trial is happening? Manning was held for three years without a trial. That is plenty of time for the public to mistakenly assume there was already a court decision and sentencing. And why did they try this case at all? Manning already pled guilty to 10 charges and faces up to 20 years. The remaining charges are bizarrely exaggerated. Using flimsy circumstantial evidence, the government is trying to argue that publishing documents on the internet assists terrorists. And for that they could lock him away for life.
The prosecution insists they would have pressed the same charges if Manning had gone to the New York Times instead of WikiLeaks. Daniel Ellsberg did go to the New York Times, which published excerpts of the Pentagon Papers in 1971. Before his case was thrown out as a mistrial, he faced a sentence of up to 115 years under the Espionage Act of 1917. “Everything that Richard Nixon did to me, for which he faced impeachment and prosecution, which led to his resignation, is now legal under the Patriot Act, the FISA [Foreign Intelligence Surveillance Act] amendment act, the National Defense Authorization Act,” Ellsberg told Chris Hedges in an interview. Now Manning is accused not only of espionage, but “aiding the enemy,” essentially because some WikiLeaks files were on Osama bin Laden’s computer.
The prosecutors are in their early 30s — nominally “digital natives” — and should know better. “Do you know what Wget is?” they interrogate a witness, as if it is malicious spyware and not an everyday command line program. The government is capitalizing on asymmetric tech literacy and the failure of language when old laws are applied to the internet. At the peak of this absurdity: WikiLeaks cables are still formally classified, so despite being readily available to anyone with internet, closed sessions are required to discuss them.
Perhaps you heard the audio of Bradley Manning’s court statement earlier this year. That was leaked. No other recordings or visuals have come out of the trial, with the exception of courtroom sketches. Now imagine if there were a livestream. And imagine if everyone had tuned in to watch Yochai Benkler’s gripping expert witness testimony on July 10th. He argued on behalf of the decentralization of media in the digital age, the blurred lines between activist and journalist, and that WikiLeaks was “providing a discrete but critical component of what in the past was always integrated in a single organization.” He explained in clear language what everyone of a certain generation knows intuitively about the internet. Afterward, in the restroom, I overheard two old ladies say they plan to read his book, The Wealth of Networks.
Why did the prosecution ramp up charges against Manning? “Aiding the enemy” might have resulted in the death penalty. The answer came from Benkler under cross-examination. Summarizing an article he wrote, he explained in court, “it’s very hard to suppress information once it’s on WikiLeaks and that the core target needs to be on trust as the center of gravity. In other words, to undermine the concept that WikiLeaks is a place where a leaker can go and trust that they won’t be revealed. So in order to prevent this distributed leaking, it’s necessary to increase the fear, as it were, or the constraint on potential leakers.”
In Ellsberg’s time, the labor involved was its own risk and deterrent. Over the course of a year, he went out with a suitcase to Xerox page after page of the Pentagon Papers (with a piece of cardboard pressed against the glass to edit out the “Top Secret” stamps.) Manning’s cover was a rewritable CD marked “Lady Gaga.” He downloaded the files while listening to “Telephone.” He was tortured and he risks life imprisonment, because leaking is now so easy.
If you grow up knowing an entire library can fit inside a device in the palm of your hand, those 250,000 diplomatic cables and 500,000 army reports do not seem like an enormous bounty. What looks like “harvesting” to one generation, might seem like the obvious way to gather data to the next.
The witness for the defense who has stayed in my mind is Lauren McNamara. She read from a series of AOL chats with Manning in 2009. She was called in to defend his character and demonstrate he was in good spirits in the months leading up to the cable leaks. McNamara — who goes by Zinnia Jones in online videos and blogs — is transgender. It is possible some people in the courtroom had never met someone who is trans* — or think they haven’t. McNamara would smash any retrograde assumptions. She’s confident and witty. There is nothing strange about her gender identity. She is a woman. Manning might be too. McNamara wrote for the Hufington Post, “when I talked with people who are in close contact with Manning, they all told me he currently identifies as male.” Coombes and the Bradley Manning Support Network also say he prefers to be addressed as Bradley. Manning might be female presenting as male, Manning might be non-binary; that’s for Manning to say.
Manning was tortured in part because he signed a few letters from the brig as “Breanna Elizabeth.” Marine Corps Master Sgt. Craig Blenis defended his cruelty in a December pre-trial hearing. Coombs asked why the marine thought Manning’s gender dysphoria should factor into his “prevention of Injury” status. Blenis answered because “that’s not normal, sir.”
But it is normal. Manning’s gender identity is as normal as his computer use. Using Wget, believing WikiLeaks to be a reputable news source in 2010, listening to Lady Gaga, identifying as a gender different from your assigned sex— this is all normal. It just might take another generation to see this. What is out of the ordinary about Pfc Bradley Manning is his extraordinary courage. If Manning is ever released, he will re-enter a world ready to embrace him, advanced with the understanding to recognize his greatness.
Many people have worried about the fate of Bradley Manning, a lone soldier who informed the world of war crimes being committed by the War Machine that has devoured the American republic and turned its ravaging, profit-reaping fury on the world. As we all know, Manning is now in the iron grip of that Machine, facing the prospect of life in prison for his truth-telling, having already endured a long incarceration marked by episodes of relentless psychological torture. Many people quite reasonably dread what awaits Manning when the Military Court hands down its inevitable verdict against him.
But wait — perhaps all is not lost after all. In the long dark night of our military imperium, a shaft of light, of hope, has suddenly appeared. And it comes from — of all places — the very pinnacle of the military justice system that is bearing down on Manning: the Court of Appeal of the Armed Forces of the United States.
For it turns out that if a military prisoner has faced the least mistreatment during incarceration, even a temporary abuse of due process, then all charges against him will be dropped and he can walk free. And since Manning has manifestly faced any number of abuses of due process and egregious mistreatment, then we can be supremely confident that the military Court of Appeal — which enshrined this Solomonic principle in a recent case — will act with perfect consistency and release Bradley Manning in good time, whatever the eventual outcome of his current trial.
After all, that’s what the Court has done for poor Lawrence Hutchins III, the good Marine who has been persecuted for years merely for carrying out his duty during America’s “extraordinary achievement” — as Barack Obama so aptly termed it — in ousting the dictator Saddam Hussein from power in Iraq. (It seems there were some other reasons adduced for the invasion back in the day — something sort of dubious? even spurious? — but thankfully, these have long been forgotten as America has put aside the petty squabbles of the past and returned once more to implacable sense of righteousness that wraps the nation’s every action in a golden, godly glow.)
All Sgt. Hutchins did was lead his team on a night raid against a private home in the Iraqi town of Hamdania. All he and his team did was break into the house, grab an innocent retired policeman named Hashim Ibrahim Awad, drag him down the road to the site of a IED attack, tie him up, shoot him dead in cold blood, then dump his body in the IED hole, remove the plastic restraints, and leave a stolen AK-47 rifle next to the corpse to pretend Awad was a terrorist who had been killed in a firefight. That’s all Hutchins did. Oh yes, that, and have his men shoot Awad repeatedly in the face, in the hope of obliterating his identity. But family members recognized the body and demanded justice from their American military occupiers.
Then came the real crime, the misdeed that would later lead the Court of Appeals of the Armed Forces of the United States to carry out its humanitarian intervention and set Hutchins free. As AP reports, Hutchins was arrested by the military brass and held “in solitary confinement without access to a lawyer for seven days during his 2006 interrogation in Iraq.” Thus Hutchins — who was facing a term of 11 whole years for kidnapping an innocent man, shooting him in the face then covering up the crime — was released from custody last month by the Court of Appeals, which cited the six-day spell in solitary as the basis for overturning his conviction.
Who knew that the American military justice system was so fiercely adherent to due process that it would even let a killer go free on a “technicality,” like a bunch of wimpy ACLU lawyers? Who knew they would act with such exemplary exactitude in applying letter of the law down to the last jot and tittle? Yet this is the principle they have firmly established with their ruling on Hutchins: the failure to safeguard a military prisoner’s full panoply of legal rights in every respect must result in the overturning of any subsequent verdict against that prisoner, and his release from captivity.
I think we can all rest easier knowing that this principle will now be guiding the decisions of the U.S. military justice system from now on. For surely it will be applied universally, not only to Bradley Manning but also to, say, the captives in Guantanamo Bay, who are subject to the same military justice system. Surely, it cannot be that this strict adherence to the legal niceties will only be applied in cases where an American soldier has brutally murdered some worthless towelhead in some piece-of-sh*t foreign hellhole we had to invade for some reason or another a long time ago, so who cares anyway.
No, surely, that cannot be. For as our recent history clearly shows, the operators of our War Machine always adhere strictly and consistently to the highest and most noble principles, applying them to all equally, the great and the low, without fear or favor, or the slightest hypocrisy.
So Bradley Manning has nothing to worry about!
I’m shocked — shocked! — that Colonel Denise Lind, the military judge who ruled in February that Bradley Manning could be tried on various charges even after being held prior to arraignment for more than five times the absolute longest time specified in the US Armed Forces’ “speedy trial” rules, has now also ruled that Manning can be convicted of aiding an enemy that does not exist.
Yes, you read that right: There’s only an “enemy” to aid, in any legal sense, if the United States is at war, a state created by a congressional declaration. There’s been no such declaration since World War II.
Lind had only one legal duty as judge in this case: To dismiss all charges due to the government’s failure to meet the “speedy trial” deadline. If the United States was, as John Adams put it, “a government of laws, not of men,” that’s exactly what she would have done.
“Any person subject to this chapter who –
“(1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this chapter; or
“(2) Knowingly and intentionally fails to enforce or comply with any provision of this chapter regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.”
No, I’m not really shocked that none of this happened. It’s par for the course. Laws, including the “supreme law of the land,” aka the US Constitution, are for us little people. The US government doesn’t need or want them, except for use as camouflage. It does whatever it wants to do (or rather whatever the ruling members of the American political class tell it to do).
The only reasonable takeaway from the Manning trial is that American “rule of law” is a sham. The US government doesn’t operate within the Constitution’s constraints on state power, nor does it honor that Constitution’s list of enshrined individual rights. It never has done so absent extreme compulsion and it never will do so on anything like a regular basis.
The corollary: If the US government isn’t bound by its own alleged rules, why on Earth would anyone else be?
Without an informed and free press, there cannot be an enlightened people. That’s what this trial is really about
Thursday, Colonel Denise Lind, the judge in the Bradley Manning court martial, refused to dismiss the “aiding the enemy” charge. The decision is preliminary, and the judge could still moderate its effect if she finds Manning not guilty. But even if she ultimately acquits Manning, the decision will cast a long shadow on national security journalists and their sources.
First, this case is about national security journalism, not WikiLeaks. At Monday’s argument in preparation for Thursday’s ruling, the judge asked the prosecution to confirm: does it make any difference if it’s WikiLeaks or any other news organization: New York Times, Washington Post, or Wall Street Journal? The prosecution answered: “No, it would not. It would not potentially make a difference.”
Second, the decision establishes a chilling precedent: leaking classified documents to the these newspapers can by itself be legally sufficient to constitute the offense of “aiding the enemy”, if the leaker was sophisticated enough about intelligence and how the enemy uses the internet.
Thursday’s decision was preliminary and made under a standard that favors the prosecution’s interpretation of the facts. The judge must still make that ultimate decision on guilt based on all the evidence, including the defense, under the strict “beyond a reasonable doubt” standard.
Although the decision is preliminary, it is critical as a matter of law because it accepts the prosecution’s extreme theory as legally sufficient. The prosecution’s case is that by leaking materials to the press, the source of classified materials is “communicating with the enemy” indirectly. The source gives materials to the journalist; the journalist publishes; the enemy reads the publication and, presto, the source is guilty of the offense of “aiding the enemy”. Manning is facing life imprisonment without parole for this offense.
The judge earlier held that “aiding the enemy” required that the leaker have “actual knowledge” that by handing materials over to a newspaper, he or she is giving it to “the enemy”; it is not enough that the source “should have known” that the enemy would access the materials. The critical question for Thursday’s holding was what evidence is enough, as a matter of law, to prove “actual knowledge”.
On Monday, the prosecution argued its case based on the thinnest of circumstantial evidence. It began by saying that Manning was “a trained intel analyst”, not “an infantryman or a truck driver”. The judge challenged the prosecutor as to “what is the government’s specific information … that by that publication, that al-Qaida and al-Qaida in the Arabian Peninsula would access it”? The prosecution’s answer was “[Manning] was trained specifically, that al-Qaida used the internet to get this information, that the enemy was looking for this specific type of information.”
The judge then sought further clarification:
You are basically focusing on Pfc Manning‘s individual circumstances and training and experience. And that might distinguish him from someone else in an Article 104 setting who basically had no knowledge of intelligence.
And the prosecutor’s response was, “That is absolutely true.”
By dismissing the defense’s motion, the judge effectively accepted that, as a matter of law, evidence that the leaker was trained in intelligence and received training on the fact that that enemy uses the internet to collect information about the United States is a legally sufficient basis for conviction.
Significant leaks on matters of national defense are not generally going to come from army truck drivers. Daniel Ellsberg was a military analyst at RAND. Thomas Drake was an NSA senior executive. Stephen Kim was a senior adviser on intelligence in the State Department. Jeffrey Sterling was a CIA officer. John Kiriakou was a CIA officer. Bradley Manning was a private first class in army intelligence about two years out from basic training. We can disagree about who among these is more or less worthy of respect or derision. But after Thursday’s hearing, they all fall on the wrong side of the line that the judge endorsed.
Leak-based journalism is not the be-all-and-end-all of journalism. But ever since the Pentagon Papers, it has been a fraught but critical part of our constitutional checks in national defense. Nothing makes this clearer than the emerging bipartisan coalition of legislators seeking a basic reassessment of NSA surveillance and Fisa oversight following Edward Snowden’s leaks.
National defense is special in both the need for, and dangers of, secrecy. As Justice Stewart wrote in the Pentagon Papers case, the press is particularly important in national defense because it is there that the executive is most powerful, and the other branches weakest and most deferential:
In the absence of the governmental checks and balances present in other areas of our national life, the only effective restraint upon executive policy and power in the areas of national defense and international affairs may lie in an enlightened citizenry – in an informed and critical public opinion which alone can here protect the values of democratic government. For this reason, it is perhaps here that a press that is alert, aware, and free most vitally serves the basic purpose of the first amendment. For without an informed and free press, there cannot be an enlightened people.
U.S. whistleblower and international hero Bradley Manning has just been awarded the 2013 Sean MacBride Peace Award by the International Peace Bureau, itself a former recipient of the Nobel Peace Prize, for which Manning is a nominee this year.
A petition supporting Manning for the Nobel Peace Prize has gathered 88,000 signatures, many of them with comments, and is aiming for 100,000 before delivering it to the Norwegian Nobel Committee in Oslo. Anyone can sign and add their comments at ManningNobel.org
The International Peace Bureau (IPB) represents 320 organizations in 70 countries. It was awarded the Nobel Peace Prize in 1910. Over the years, 13 of IPB’s officers have been Nobel Peace laureates. See ipb.org
The Sean MacBride prize has been awarded each year since 1992 by the International Peace Bureau, founded in 1892. Previous winners include: Lina Ben Mhenni (Tunisian blogger) and Nawal El-Sadaawi (Egyptian author) – 2012, Jackie Cabasso (USA, 2008), Jayantha Dhanapala (Sri Lanka, 2007) and the Mayors of Hiroshima and Nagasaki (2006). It is named after Sean MacBride, a distinguished Irish statesman who shared the 1974 Nobel Peace Prize, and is given to individuals or organisations for their outstanding work for peace, disarmament and human rights.
The medal is made of “peace bronze,” a material created out of disarmed and recycled nuclear weapons systems, by fromwartopeace.com The prize will be formally awarded on Sept. 14 in Stockholm, at a special evening on whistleblowing, which forms part of the triennial gathering of the International Peace Bureau. See brochure at: PDF.
IPB’s Co-President Tomas Magnusson said, “IPB believes that among the very highest moral duties of a citizen is to make known war crimes and crimes against humanity. This is within the broad meaning of the Nuremberg Principles enunciated at the end of the Second World War. When Manning revealed to the world the crimes being committed by the U.S. military he did so as an act of obedience to this high moral duty. It is for this reason too that Manning has also been nominated for the Nobel Peace Prize. In more general terms it is well known that war operations, and especially illegal ones, are frequently conducted under the cover of secrecy. To penetrate this wall of secrecy by revealing information that should be accessible to all is an important contribution to the struggle against war, and acts as a challenge to the military system which dominates both the economy and society in today’s world. IPB believes that whistleblowers are vital in upholding democracies – especially in the area of defense and security. A heavy sentence for Manning would not only be unjust but would also have very negative effects on the right to freedom of expression which the U.S. claims to uphold.”
Nobel Peace Laureate Mairead Maguire recently wrote: “I have chosen to nominate U.S. Army Pfc Bradley Manning, for I can think of no one more deserving. His incredible disclosure of secret documents to Wikileaks helped end the Iraq War, and may have helped prevent further conflicts elsewhere.”
Maguire explains how far-reaching Manning’s impact has been: “While there is a legitimate and long-overdue movement for peace and non-violent reform in Syria, the worst acts of violence are being perpetrated by outside groups. Extremist groups from around the world have converged upon Syria, bent on turning this conflict into one of ideological hatred. In recent years this would have spelled an undeniable formula for United States intervention. However, the world has changed in the years since Manning’s whistleblowing — the Middle East especially. In Bahrain, Tunisia, Egypt, and now Turkey, advocates of democracy have joined together to fight against their own governments’ control of information, and used the free-flowing data of social media to help build enormously successful non-violent movements. Some activists of what has come to be known as the Arab Spring have even directly credited Bradley Manning, and the information he disclosed, as an inspiration for their struggles.
“. . . If not for whistleblower Bradley Manning, the world still might not know of how U.S. forces committed covert crimes in the name of spreading democracy in Iraq . . . Now, those who would support foreign intervention in the Middle East know that every action would be scrutinized under international human rights law. Clearly, this is for the best. International peacekeepers, as well as experts and civilians inside Syria, are nearly unanimous in their view that United States involvement would only worsen this conflict.”
Won’t you add your name to the petition now?
Mairead Maguire adds: “Around the world, Manning is hailed as a peacemaker and a hero. His nomination for the Nobel Peace Prize is a reflection of this. Yet at his home in America, Manning stands trial for charges of espionage and ‘aiding the enemy’. This should not be considered a refutation of his candidacy — rather, he is in good company. Burmese politician Aung San Suu Kyi and Chinese writer Liu Xiaobo were each awarded the prize in recent years while imprisoned by their home countries.”
The most important court case taking place over the last month has involved no hoodies or homosexuality. This case does not arouse the primitivegroupthink and culture wars into which so many recent high-profile cases have devolved. However, while the trial of former Army Private Bradley Manning offers no edgy photo to adorn the tabloids, the proceedings offer a clear picture of American society. Without hyperbole, the outcome of this trial may reveal whether America remains a nation of free and sovereign individuals, or a mass of subjects under the authority of a military-intelligence state.
On Thursday, Col. Denise Lind, the judge presiding over Manning’s case, sent an ominous sign for Bradley and for freedom of speech, re-affirming the most serious charge against the former Army private. Previously, the defense motioned to omit the charge of “aiding the enemy,” on the ground that Manning did not knowingly offer information to Al-Qaeda or any enemy combatants. Government prosecutors rebutted that Manning knew that terrorist groups would scour the information on WikiLeaks. The prosecution’s premise asserts that offering intelligence to a third party constitutes aiding the enemy if the enemy might uncover the materials. Judge Lind seems to agree.
In a few quick logical connections, the trial of Bradley Manning for the charge of “aiding the enemy” would put on trial the existence of independent investigative journalism. The prosecution has already made those connections. In a move which she may regret, Capt. Angel Overgaardaffirmed that Manning would have faced the same charges whether he had given the information to WikiLeaks or the New York Times. Previously, in the most similar high-profile case regarding the leaking of military secrets, Daniel Ellsberg ultimately faced no penalty for leaking the “Pentagon Papers” to the New York Times. However, the judge in that case left much ambiguity, dismissing the charges against Ellsberg due to governmental misconduct rather than acquitting him on principle.
With courts’ past ambiguity on the release of sensitive information, the unprecedented case of Bradley Manning could set some foreboding precedents. For instance, if Col. Lind finds Manning guilty of “aiding the enemy” — and there is no difference between a leak to WikiLeaks or to theNew York Times — then not only WikiLeaks founder Julian Assange, but any journalist publishing information that the government does not want published, could face fierce charges from the Department of Justice. Indeed, the Department of Justice has declared that any soldier who speaks with WikiLeaks or WikiLeaks supporters is subject to charges of “communicating with the enemy,” implying that WikiLeaks itself is the enemy. If there is no difference betweenWikiLeaks and mainstream newspapers, then it appears that the government aims to wage war on journalists — and, therefore, on freedom of speech and thought.
A new scandal emerges every other day regarding egregious violations of liberty by another arm of the Leviathan government — the IRS, the Department of Justice, the NSA, and the U.S. military, to name a few recent perpetrators. The government has engaged more frequently than ever before in criminalizing men and women whose only crime was speaking the truth. (In case you live under a rock, see Edward Snowden.) Whether the government aims benevolently to protect our national security or not, all Americans — and all dignified human beings who reject Orwellian totalitarianism — must oppose the outlawing of truth and the war on speech.
And the innocent Bradley Manning must be free.
Some comments from the UK
Poor sod….. he must have thought he was doing good for his country (which he was)
and this is the kicking he got
God forbid if you grow up free thinking and with respect for your “true” nation and realise what the government is up to
I just wish this was reported more and more people were outraged
Always hits the target . The images Steve Bell so often produces in one picture , captures the chaotic thoughts of many and remain a recurring image throughout the day and sometimes beyond . One cartoon = a thousand Editorials . Thanks Mr Bell…….few always hit the target every time….you do !
Revolution next year, Manning freed, Snowden brought home a hero, Chomsky as President… bankers tried and their assets seized, mass arrests of Congress and the Senate, the trial of Obama, revolution spreads across the Atlantic… one can dream. :]
Bush/Cheney/Rumsfeld/Blair/Brown convicted of genocide charges,
NSA/CIA/FBI disbanded, and senior leaders imprisoned for life, IRS scrapped, religion outlawed, Supreme Court replaced with socialists, American workers party elected with huge majority in both Houses, income taxes on those earning over $300,000/year increased to 105%, US Military size cut by 80%, all Nuclear Weapons scrapped,
all nuclear aircraft carriers and submarines scuttled by their crews,
Size of US General staff cut by 90%, Communist Asian Woman President elected, Pentagon reconstructed as two dimensional building…..
oh the orgasmic pleasure of it all would be Heaven on Earth