update on Manning's torture

[Van]

I didn't speak to one person during my active duty who thought the military justice system made any sense at all. Let the humour resume.

What about the UCMJ did not make sense? Did you go to the manual of courts martial and read it or did you take the word of someone as poorly informed as yourself? Have you looked at the MCM lately (it is entirely on line and available for your consideration)? Remember, you have made the allegation, the burden of proof is on you.

Not that I expect you to answer any of these points or make any personal effort to understand what you attack, but I want everyone else to see you avoid the questions and demonstrate your lack of intellectual rigor.

[jmm99]

From David Coombs:

07 November 2012

PFC Manning's Offered Plea and Forum Selection

PFC Manning has offered to plead guilty to various offenses through a process known as "pleading by exceptions and substitutions." To clarify, PFC Manning is not pleading guilty to the specifications as charged by the Government. Rather, PFC Manning is attempting to accept responsibility for offenses that are encapsulated within, or are a subset of, the charged offenses. The Court will consider whether this is a permissible plea.

PFC Manning is not submitting a plea as part of an agreement or deal with the Government. Further, the Government does not need to agree to PFC Manning's plea; the Court simply has to determine that the plea is legally permissible. If the Court allows PFC Manning to plead guilty by exceptions and substitutions, the Government may still elect to prove up the charged offenses. Pleading by exceptions and substitutions, in other words, does not change the offenses with which PFC Manning has been charged and for which he is scheduled to stand trial.

PFC Manning has also provided notice of his forum selection. He has elected to be tried by Military Judge alone.

Interesting tactic, sometimes used in civilian courts. The idea is to strike a "plea bargain" (via the judge's decision alone to a lesser charge) where a formal plea bargain is foreclosed (for one reason or another). It has worked.

Regards

Mike