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Thread: update on Manning's torture

  1. #61
    Council Member
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    Jun 2010


    Manning's 'protection':

    President Obama Makes a Fair Trial of Bradley Manning Impossible By Declaring Him Guilty

    The “Bradley Manning Exception to the Bill of Rights” Devastates the Credibility of the Military Justice System

    By Kevin Zeese

    The credibility of the military justice system is being undermined by the prosecution of Bradley Manning. His abusive punishment without trial violates his due process rights; his harsh treatment in solitary confinement-torture conditions violates the prohibition against cruel and unusual punishment; and now the commander-in-chief has announced his guilt before trial making a fair trial impossible. A Bradley Manning exception to the Bill of Rights is developing as the Obama administration seeks Manning’s punishment no matter what constitutional protections they violate.


    The robust reputation of the UCMJ apparatus:

    American military justice is under constant attack. It is distrusted by civilian lawyers, detested by the ordinary serviceman who is subject to it, and criticized by military legal officers who administer it.1
    The following comment by Robert Sherrill is typical of current criticism of military law:

    Because the military has been so singularly unconscious of its defects and so inept at correcting those it does recognize, countless attorneys, millions of servicemen and ex-GIs, some civilian jurists and even some politicians are now convinced that there is no use to wait longer for internal reforms and that the best thing to do is simply to take away the judicial process and
    return jurisdiction to the civilian courts.2
    Authored by a reserve Major/lawyer.


    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.
    Last edited by davidbfpo; 05-02-2011 at 08:24 AM. Reason: Citations in quotes and PM to author

  2. #62
    Council Member Ken White's Avatar
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    May 2007

    Default Er, Well...


    There have been many changes to both the UCMJ and the MCM since the Article at the second link above was written. It, like the opinions portrayed in the anecdotal comment, is over 40 years old...

  3. #63
    Council Member jcustis's Avatar
    Join Date
    Mar 2006


    Surprisingly enough, I am looking at an autonomous ad for "Free Manning" in the upper right corner of the screen.

    But more importantly, it looks like OBL is dead...

    Now, those folks who are not flash-in-the-pan warriors need to continue the good fight and tread softly as they carry big sticks. We are still in for a long row to hoe.
    Last edited by jcustis; 05-02-2011 at 03:10 AM.

  4. #64
    Council Member Van's Avatar
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    Feb 2007
    Honolulu, Hawai'i


    Quote Originally Posted by 91bravojoe View Post
    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.

  5. #65
    Council Member
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    May 2008

    Default Manning Offers Limited Guilty Plea

    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.



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