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If I'm reading this post from Manning's lawyer right, nothing can be done

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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 03:40 PM
Original message
If I'm reading this post from Manning's lawyer right, nothing can be done
about his inhumane detention conditions until the case is referred for court martial except for the lawyer to lobby. The Article 13 motion can't be filed until then.

21 December 2010
Article 13 and PFC Bradley Manning

The defense has raised the conditions of PFC Bradley Mannings confinement conditions on multiple occasions with the Quantico confinement facility and the Army Staff Judge Advocates (SJA) Office assigned to handle this case. Our efforts, unfortunately, have not resulted any in positive results. To its credit, the SJA office is attempting to correct this situation. However, given the fact that Quantico is a Marine Corps facility, it has similarly had no success.

PFC Bradley Manning, unlike his civilian counterpart, is afforded no civil remedy for illegal restraint under either the Federal Civil Rights Act or the Federal Tort Claims Act. Similarly, the protection from cruel and unusual punishment under the Eighth Amendment and Article 55 of the Uniform Code of Military Justice (UCMJ) does not generally apply prior to a court-martial. Thus, the only judicial recourse that is available is under Article 13 of the UCMJ.

Article 13 safeguards against unlawful pretrial punishment and embodies the precept that an accused is presumed innocent until proven guilty. Article 13 provides that:

No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.

Military courts have consistently asserted Article 13 protection broadly to protect servicemembers awaiting trial. Illegal pretrial punishment can take many forms. The most common examples are unreasonable or harassing restraint that creates an appearance that the servicemember is guilty and onerous pretrial confinement conditions. Article 13 provides that pretrial confinement should not be more rigorous than the circumstances require to insure the servicemembers presence at court. Conditions that are sufficiently egregious may give rise to a permissive inference that an accused is being punished. . . . United States v. King, 61 M.J. 225, 227-28 (C.A.A.F. 2005); see also United States v. Crawford, 62 M.J. 411 (C.A.A.F. 2006). Arbitrary or purposeless conditions also can be considered to raise an inference of punishment. King, 61 M.J. at 227-28 (citing United States v. James, 28 M.J. 214, 216 (C.M.A. 1989)).

http://www.armycourtmartialdefense.info/2010/12/article...

So, if the referral is strung out, Manning gets to languish in these conditions? Is that right?
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HillbillyBob Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 03:48 PM
Response to Original message
1. Seems the Rs are using the former East Germany as a pattern
not much longer until is just like prewwii Germany.
Disgusting.
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obxhead Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 03:55 PM
Response to Reply #1
4. Sorry.
The Commander in Chief is a Democrat.
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RKP5637 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 04:00 PM
Response to Reply #1
5. Yeah, I was thinking similar earlier today, especially with increasing surveillance
and informants. Soon we will have check points strung across the country ...
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Arctic Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 03:48 PM
Response to Original message
2. Yep. Like I stated before, they do this on purpose to fuck with
people they don't like. The military is ridiculously inefficient and slow as is but when it comes to judiciary matters they make the erosion of mountains look hypersonic.

Ask anyone who has been kicked out of the military how long it took.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 03:52 PM
Response to Reply #2
3. I don't know what can be done about this short of daily protests
catapulted on social networking media.

Nobody listens to us.

What they're doing to this kid is a crime and they're getting away with it. :grr:
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RKP5637 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 04:04 PM
Response to Reply #3
6. Exactly, "Nobody listens to us." And that goes for a lot of things anymore. n/t
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 04:12 PM
Response to Reply #6
7. I don't mean to be depressing. Just as a practical matter
I don't see any other alternative than demonstrating close to the facility or mounting a broad protest via social media.

Manning's lawyer seems to be a very sharp one, so that's something.
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 04:28 PM
Response to Reply #3
8. When Cheney was torturing people I was furious. Couldnt wait until the Dem's had control.
Now I am just numb.
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 04:39 PM
Response to Reply #8
9. Zinn used to say that real change came from grassroots
not elections. (Okay, I totally butchered that.)

But it's true. Elections don't really forward social justice, that's not what they're for.

Smaller, local communication would be a start. Like, how many of our friends know about this? Like, what groups are we connected to that might take an interest?

No matter what anyone thinks of what Manning did or might have done, most people would agree that in America, we expect people to get the democratic due process of law that at one time made us a leader in the world. Affording him anything less reflects badly on the whole country.

A short, Christmas week email to our networks is something. If one more person is informed, or if one more group, no matter how small, takes notice, that's something, imho.



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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-21-10 05:27 PM
Response to Reply #9
10. I agree. This is an important subject that I would like to discuss more.
I think we should have a good grass roots network. But there are so many different organizations that we are kind of splintered.
Like I said above, I would like to discuss this further.
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bobthedrummer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-27-10 12:05 PM
Response to Original message
11. kick
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