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Sat Jun 23, 2012, 04:10 PM

Bradley Manning’s Defense Moves to Temporarily Suspend Court Martial - FDL

Bradley Manning’s Defense Moves to Temporarily Suspend Court Martial
By: Kevin Gosztola - FDL
Friday June 22, 2012 5:52 pm


<snip>

The defense for Pfc. Bradley Manning, the soldier accused of releasing classified information to WikiLeaks, has filed a relief motion calling on the military judge to temporarily suspend court martial proceedings and order the prosecution to state how it has taken steps to disclose known evidence that might negate or reduce Manning’s degree of guilt or reduce the punishment he might face if found guilty.

The request to temporarily suspend proceedings, according to the motion, is being made because prosecutors have not fully conducted a due diligence search for evidence and have not handed over evidence that has been formally requested.

The motion lists what organizations they are still waiting to receive evidence from: Interagency Committee Review, President’s Intelligence Advisory Board, House of Representatives Oversight Committee, the State Department’s Chiefs of Mission review, Wikileaks Working Group “Mitigation Team,” the State Department’s reporting to Congress and other files, Defense Intelligence Agency (DIA), Defense Information Systems Agency (DISA), Central Command, Southern Command, the Department of the Army Headquarters, the Federal Bureau of Investigation (FBI), Diplomatic Security Service (DSS), Justice Department, “Government,” Office of the Director of National Intelligence (ODNI), Office of the National Counterintelligence Executive and sixty-three agencies or other organizations the government claims to have contacted with regards to the alleged leaks.

The defense argues the withholding of evidence will impact the defense’s ability to prepare a witness list, file future motions to compel discovery of evidence, admit or authenticate evidence that could be used in the trial, enter a plea and delay a speedy trial motion. It requests that the judge, Army Col. Denise Lind, order the production of this material under a “relevant and necessary” standard that is dictates what evidence is and is not discoverable to the defense.

Additionally, in the same motion, the defense moves to compel the discovery of four computers from the intelligence facility that Manning worked in at the Forward Operating Base Hammer in Iraq, where he is alleged to have carried out the downloading and transfer of information to WikiLeaks. The motion says the government “represented” the computers would be produced on May 18 in a statement made on April 16. On May 29, “the defense asked when it should expect to receive the hard drives.” The government claimed they would have approval to hand over the drives by the end of the week. But, as of June 2, the government still had not provided the computers to the defense.

The defense also moves to compel the defense to turn over an “FBI impact statement” and an “ONCIX damage assessment.” (The prosecution has preposterously claimed law enforcement files from the FBI are irrelevant to Manning.) Interestingly, for anyone who wants a particular glimpse at the secrecy games the military prosecutors and government have been playing, the motion includes a timeline of when requests for evidence from the State Department were made. A bulleted list summarizes for the judge:


<snip>

Much More: http://dissenter.firedoglake.com/2012/06/22/bradley-mannings-defense-moves-to-suspend-court-martial-proceedings/


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Arrow 33 replies Author Time Post
Reply Bradley Manning’s Defense Moves to Temporarily Suspend Court Martial - FDL (Original post)
WillyT Jun 2012 OP
Tierra_y_Libertad Jun 2012 #1
freshwest Jun 2012 #2
WillyT Jun 2012 #4
GarroHorus Jun 2012 #5
WillyT Jun 2012 #7
freshwest Jun 2012 #8
GarroHorus Jun 2012 #10
WillyT Jun 2012 #11
GarroHorus Jun 2012 #12
WillyT Jun 2012 #13
GarroHorus Jun 2012 #17
WillyT Jun 2012 #18
GarroHorus Jun 2012 #19
WillyT Jun 2012 #20
GarroHorus Jun 2012 #21
WillyT Jun 2012 #22
GarroHorus Jun 2012 #25
clang1 Jun 2012 #26
Luminous Animal Jun 2012 #32
Tierra_y_Libertad Jun 2012 #15
GarroHorus Jun 2012 #16
Tierra_y_Libertad Jun 2012 #23
WillyT Jun 2012 #24
xchrom Jun 2012 #3
clang1 Jun 2012 #6
rhett o rick Jun 2012 #9
Tierra_y_Libertad Jun 2012 #14
SickOfTheOnePct Jun 2012 #27
clang1 Jun 2012 #28
SickOfTheOnePct Jun 2012 #29
clang1 Jun 2012 #30
SickOfTheOnePct Jun 2012 #31
Luminous Animal Jun 2012 #33

Response to WillyT (Original post)

Sat Jun 23, 2012, 04:15 PM

1. Let me guess. The various agencies will use the "National Security" defense to hide the files.

The very same reason they're pursuing Manning and Assange.

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Response to WillyT (Original post)

Sat Jun 23, 2012, 04:54 PM

2. He can't get a proper defense without the evidence being fully presented. Go for it, attorneys!

There is an abuse of the process when the magic words 'national security' are invoked. It's not like they're giving the nuclear launch codes out, but anything that will get people killed doing their jobs is a factor in being careful with disclosures that I support.

Even though I never believed in the 'mission' to begin with, and there have been so many crimes committed over there, I don't want people who did no harm directly or indirectly hurt. We had the outting of Valerie Plame for political reasons on the other side of the aisle. And this is still the clean up of the Bush invasion.

I don't know anything about how court martials are handled. I wish he could be tried in civilian court. And I don't understand what Manning did that was so harmful, all I know is he broke the rules of handling his data.

I'm not emotion driven in this case but feel he's been treated much too harshly for something that appears to be a paper crime and also feel he's been used. The sooner the process is done, the less time he will be in limbo for this. If he gets convicted of anything, I hope all of this time in custody is reduced from whatever they would sentence him to serve, if found guilty.

Not being military, I don't know why this has dragged out so long. Perhaps the pressure being applied to Assange from Sweden, is because of this case, to find who is at fault. I may be wrong, but I felt for a long time Assange or Wikileaks was equally responsible for this case, and that Manning was a pawn.

Refresh my memory, Willy T.

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Response to freshwest (Reply #2)

Sat Jun 23, 2012, 05:17 PM

4. It's Gets A Tad Murky Any Way You Cut It, But Basically...

Assange and Wikileaks... and The New York Times, The Guardian, and several others, are the PUBLISHERS of the information Manning leaked.

Just as the New York Times was when Daniel Ellsberg leaked the Pentagon Papers to them.

You can go after the leaker of classified materials, but it's much harder to do that to the people who publish the information.

First Amendment hurdles definitely higher when it comes to the press.

Hope that helps.




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Response to freshwest (Reply #2)

Sat Jun 23, 2012, 05:26 PM

5. My udnerstanding of the UCMJ is, National Security trumps everything.

 

There's a completely different standard in military trials than in civilian trials.

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Response to GarroHorus (Reply #5)

Sat Jun 23, 2012, 05:39 PM

7. That May Or May Not Be True... Yet If There Is To Be ANY Defense At All For The Defendant...

I would think that the government is still going to have to prove that "National Security" was indeed compromised.

IOW - "Just take our word for it." Ain't gonna cut it for me, or many many other U.S. Citizens.


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Response to WillyT (Reply #7)

Sat Jun 23, 2012, 06:30 PM

8. Without meaning to offend our DU military familes, I don't trust the higher ups in the military...

Because they still allow Rush Limbaugh to be played to the troops. It's resulting in service men going into the birther camp and now we have so many things being allowed that our long-time veterans here say would never be permitted in the military in the years they served.

And we must never forget BFI's comparing the acts committed at Abu Graib to a frat house initiation, and the Reich wing chorus saying water boarding was no big deal. This is what we are subjecting our youth to hearing, and I blame further abuses and the utter destruction of the conscience of many Americans on those who continue to allow hate speech for our service.

When a lack of empathy, even gleeful approval of such behavior is promoted, some people will be influenced. I found this suspect all along, a subjective view, and hampered by the fact I was never in the military. People I know who are in the service or retired from it took their oath very seriously and considered it to be for life.

But I also have friends with active duty family members are coming home to their families that have served for generations. They are telling me that some remarkably bad things are happening and they want their children out ASAP.

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Response to WillyT (Reply #7)

Sat Jun 23, 2012, 07:35 PM

10. Well, what Manning did is a pretty open and shut case under the UCMJ

 

It's spying, plain and simple. There really is no defense. He violated his oath and the UCMJ. He'll spend th rest of his life in a military prison with absolutely no chance for parole.

I cannot say I have a whit of sympathy for the guy.

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Response to GarroHorus (Reply #10)

Sat Jun 23, 2012, 07:56 PM

11. I Disagree...

First of all:

Military members who fail to obey the lawful orders of their superiors risk serious consequences. Article 90 of the Uniform Code of Military Justice (UCMJ) makes it a crime for a military member to WILLFULLY disobey a superior commissioned officer. Article 91 makes it a crime to WILLFULLY disobey a superior Noncommissioned or Warrant Officer. Article 92 makes it a crime to disobey any lawful order (the disobedience does not have to be "willful" under this article).

In fact, under Article 90, during times of war, a military member who willfully disobeys a superior commissioned officer can be sentenced to death.

Seems like pretty good motivation to obey any order you're given, right? Nope. These articles require the obedience of LAWFUL orders. An order which is unlawful not only does not need to be obeyed, but obeying such an order can result in criminal prosecution of the one who obeys it. Military courts have long held that military members are accountable for their actions even while following orders -- if the order was illegal.

"I was only following orders," has been unsuccessfully used as a legal defense in hundreds of cases (probably most notably by Nazi leaders at the Nuremberg tribunals following World War II). The defense didn't work for them, nor has it worked in hundreds of cases since.


Link: http://usmilitary.about.com/cs/militarylaw1/a/obeyingorders.htm

Secondly... Bradley Manning disclosed the MURDER of Journalists and Iraqi Civilians by the Armed Forces of the United States of America.

If it weren't for Bradley Manning, we would never have known the CRIME that was committed in all of our names.



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Response to WillyT (Reply #11)

Sat Jun 23, 2012, 09:01 PM

12. If that was all he disclosed, you'd be right

 

IT wasn't all he disclosed. HE pretty much threw out EVERYTHING he had access to.

He should spend forever in prison without any chance of seeing daylight in his life.

He clearly committed espionage, violated his oath, and belongs in prison forever.

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Response to GarroHorus (Reply #12)

Sat Jun 23, 2012, 09:34 PM

13. Are You Aware That This "Secure" "Top Secret Site" Had The Passwords To Classified Info...

sticky-noted on all the laptops and desktops???

As someone who has helped run a secure network... THAT is a BIG no-no...

And NOT Bradley Manning's fault...

How come his superiors aren't in the brig with him???


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Response to WillyT (Reply #13)

Sat Jun 23, 2012, 10:36 PM

17. Irrelevent

 

That has absolutely nothing to do with the crimes committed by Bradley.

He should never see the sun again in his life. He's trash and deserves the death penalty, IMO.

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Response to GarroHorus (Reply #17)

Sat Jun 23, 2012, 10:46 PM

18. What Crimes ???


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Response to WillyT (Reply #18)

Sat Jun 23, 2012, 11:02 PM

19. He released every classified document he had access to.

 

That makes him a spy and a traitor.

Fry the fuck.

Seriously, hanging is too good for an asshole like that. He should be put to death in a long painful execution for that shit. He is a disgrace to his uniform and a traitor to his nation. He makes Benedict Arnold look like a patriot by comparison.

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Response to GarroHorus (Reply #19)

Sat Jun 23, 2012, 11:17 PM

20. Well... Now We Know That You Are No Liberal... We Also Know You Are No Progressive... Question Is...

the next question.

BTW - The Democratic Party generally does not accept guilty until proven innocent, and is pretty much against the death penalty.

You want to explain your personal philosophy to the rest of us???



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Response to WillyT (Reply #20)

Sat Jun 23, 2012, 11:22 PM

21. No true liberal would ever support a traitor like Mainning

 

What the fuck is your philosophy as you cannot be an American Liberal and support a traitor like that fuck.

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Response to GarroHorus (Reply #21)

Sat Jun 23, 2012, 11:33 PM

22. So YOU... Are An American Liberal ???

Really???

Please... by all means... do tell.

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Response to WillyT (Reply #22)

Sun Jun 24, 2012, 08:23 AM

25. Yes, I am an American Liberal

 

I support my country and I support liberal ideals.

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Response to GarroHorus (Reply #21)

Mon Jun 25, 2012, 09:33 PM

26. Hogwash n/t

 

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Response to GarroHorus (Reply #21)

Mon Jun 25, 2012, 10:05 PM

32. Ellsberg was also branded a traitor but not by any Democrat or liberal or lefty that I knew.

I heard it from the Republicans and the Archy Bunker types in my community.

Recently, Thomas Drake was investigated by the Bush admin and prosecuted under the Espionage Act by the Obama admin and face up to 35 years in prison. The charges, it turns out, were bullshit and he is a free man but his life has been destroyed. Pretty much Democrats ignored his prosecution but leftists didn't.

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Response to GarroHorus (Reply #5)

Sat Jun 23, 2012, 09:39 PM

15. Military Justice: "Lead the guilty man in for a fair trial and sentencing."

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Response to Tierra_y_Libertad (Reply #15)

Sat Jun 23, 2012, 10:34 PM

16. Pretty much.

 

That's what you sign up for.

If you ignore the rules, you get what you deserve, IMO.

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Response to GarroHorus (Reply #16)

Sun Jun 24, 2012, 12:13 AM

23. Funny how the "rules" apply to whistleblowers but not the bosses.

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Response to Tierra_y_Libertad (Reply #23)

Sun Jun 24, 2012, 12:40 AM

24. The Only Good Thing, Is The Amount Of Eyes That Have Been Opened...

We need to make the whole world see.

Until Everybody Knows...






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Response to WillyT (Original post)

Sat Jun 23, 2012, 05:03 PM

3. Du rec. Nt

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Response to WillyT (Original post)

Sat Jun 23, 2012, 05:36 PM

6. Empty suits conducting a Soviet style show trial n/t

 

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Response to WillyT (Original post)

Sat Jun 23, 2012, 07:26 PM

9. kick

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Response to WillyT (Original post)

Sat Jun 23, 2012, 09:38 PM

14. Manning is a whistle blower who committed the horrible crime of embarrassing his betters.

And, in the process, proving that "transparency in Government" is no more than a political slogan.

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Response to Tierra_y_Libertad (Reply #14)

Mon Jun 25, 2012, 09:39 PM

27. Releasing classified documents is not whistleblowing n/t

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Response to SickOfTheOnePct (Reply #27)

Mon Jun 25, 2012, 09:45 PM

28. Says who? You? n/t

 

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Response to clang1 (Reply #28)

Mon Jun 25, 2012, 09:50 PM

29. Says the law

And the oath he took when read on to access classified information.

If it can't be proven that he is the one that did the wholesale release of classified documents, then he should walk free. But if it's proven that he did do it, then he should face the consequences.

If people choose to view this as a form of civil disobedience, fair enough. But with civil disobedience comes the understanding that one has to face the penalty.

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Response to SickOfTheOnePct (Reply #29)

Mon Jun 25, 2012, 09:52 PM

30. I see a higher authority here

 

I also see this:

In a democracy the burden to prove something is worth classifying is on the Govt. Some say most of this information should not even be classified. Manning erred on the side of Democracy and Freedom. I will take that anyday over bullshit secrets and tyranny.

Yes, it is nice.

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Response to clang1 (Reply #30)

Mon Jun 25, 2012, 09:54 PM

31. That's nice

But the law doesn't deal in higher authorities. And what you or I think doesn't matter one whit - if he broke the law, then he should face the consequences.

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Response to SickOfTheOnePct (Reply #31)

Mon Jun 25, 2012, 10:07 PM

33. Funny how that sentiment generally only applies to the 99%

There is a good book about that... "With Liberty and Justice for Some" by Glenn Greenwald.

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