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Tomgram: Chase Madar, The Trials of Bradley Manning, A Defense

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This article originally appeared at TomDispatch

Why Bradley Manning Is a Patriot, Not a Criminal
An Opening Statement for the Defense of Private Manning

By Chase Madar

Bradley Manning, a 23-year-old from Crescent, Oklahoma, enlisted in the U.S. military in 2007 to give something back to his country and, he hoped, the world.

For the past seven months, Army Private First Class Manning has been held in solitary confinement in the Marine Corps brig in Quantico, Virginia. Twenty-five thousand other Americans are also in prolonged solitary confinement, but the conditions of Manning's pre-trial detention have been sufficiently brutal for the United Nation's Special Rapporteur on Torture to announce an investigation.

Pfc. Manning is alleged to have obtained documents, both classified and unclassified, from the Department of Defense and the State Department via the Internet and provided them to WikiLeaks. (That "alleged" is important because the federal informant who fingered Manning, Adrian Lamo, is a felon convincted of computer-hacking crimes. He was also involuntarily committed to a psychiatric institution in the month before he levelled his accusation. All of this makes him a less than reliable witness.) At any rate, the records allegedly downloaded by Manning revealed clear instances of war crimes committed by U.S. troops in Iraq and Afghanistan, widespread torture committed by the Iraqi authorities with the full knowledge of the U.S. military, previously unknown estimates of the number of Iraqi civilians killed at U.S. military checkpoints, and the massive Iraqi civilian death toll caused by the American invasion.

For bringing to light this critical but long-suppressed information, Pfc. Manning has been treated not as a whistleblower, but as a criminal and a spy. He is charged with violating not only Army regulations but also the Espionage Act of 1917, making him the fifth American to be charged under the act for leaking classified documents to the media. A court-martial will likely be convened in the spring or summer.

Politicians have called for Manning's head, sometimes literally. And yet a strong legal defense for Pfc. Manning is not difficult to envision. Despite many remaining questions of fact, a legal defense can already be sketched out. What follows is an "opening statement" for the defense. It does not attempt to argue individual points of law in any exhaustive way. Rather, like any opening statement, it is an overview of the vital legal (and political) issues at stake, intended for an audience of ordinary citizens, not Judge Advocate General lawyers.

After all, it is the court of public opinion that ultimately decides what a government can and cannot get away with, legally or otherwise.

Opening Statement for the Defense of Bradley Manning, Soldier and Patriot

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U.S. Army Private First Class Bradley Manning has done his duty. He has witnessed serious violations of the American military's Uniform Code of Military Justice, violations of the rules in U.S. Army Field Manual 27-10, and violations of international law. He has brought these wrongdoings to light out of a profound sense of duty to his country, as a citizen and a soldier, and his patriotism has cost him dearly.

In 2005, General Peter Pace, Chairman of the Joint Chiefs of Staff, told reporters: "It is absolutely the responsibility of every U.S. service member [in Iraq], if they see inhumane treatment being conducted, to try to stop it." This, in other words, was the obligation of every U.S. service member in Operation Iraqi Freedom; this remains the obligation of every U.S. service member in Operation Enduring Freedom in Afghanistan. It is a duty that Pfc. Manning has fulfilled.

Who is Pfc. Bradley Manning? He is a 23-year-old Private First Class in the U.S. Army. He was raised in Crescent, Oklahoma (population 1,281, according to the last census count). He enlisted in 2007. "He was basically really into America," says a hometown friend. "He was proud of our successes as a country. He valued our freedom, but probably our economic freedom the most. I think he saw the U.S. as a force for good in the world."

When Bradley Manning deployed to Iraq in October 2009, he thought that he'd be helping the Iraqi people build a free society after the long nightmare of Saddam Hussein. What he witnessed firsthand was quite another matter.

He soon found himself helping the Iraqi authorities detain civilians for distributing "anti-Iraqi literature" -- which turned out to be an investigative report into financial corruption in their own government entitled "Where does the money go?" The penalty for this "crime" in Iraq was not a slap on the wrist. Imprisonment and torture, as well as systematic abuse of prisoners, are widespread in the new Iraq. From the military's own Sigacts (Significant Actions) reports, we have a multitude of credible accounts of Iraqi police and soldiers shooting prisoners, beating them to death, pulling out fingernails or teeth, cutting off fingers, burning with acid, torturing with electric shocks or the use of suffocation, and various kinds of sexual abuse including sodomization with gun barrels and forcing prisoners to perform sexual acts on guards and each other.

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Manning had more than adequate reason to be concerned about handing over Iraqi citizens for likely torture simply for producing pamphlets about corruption in a government notorious for its corruptness.

Like any good soldier, Manning immediately took these concerns up the chain of command. And how did his superiors respond? His commanding officer told him to "shut up" and get back to rounding up more prisoners for the Iraqi Federal Police to treat however they cared to.

Now, you have already heard what the Chairman of the Joint Chiefs of Staff had to say about an American soldier's duties when confronted with the torture and abuse of prisoners. Ever since our country signed and ratified the Geneva Conventions and the Convention against Torture, it has been the law of our land that handing over prisoners to a body that will torture them is a war crime. Nevertheless, between early 2009 and August of last year, our military handed over thousands of prisoners to the Iraqi authorities, knowing full well what would happen to many of them.

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Tom Engelhardt, who runs the Nation Institute's ("a regular antidote to the mainstream media"), is the co-founder of the American Empire Project and, most recently, the author of Mission Unaccomplished: Tomdispatch (more...)

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the charges in order to avoid being thoroughly emb... by Mark Adams JD/MBA on Thursday, Feb 10, 2011 at 2:31:38 PM
Would like list of pols calling for Manning's head... by PatriotsAct on Thursday, Feb 10, 2011 at 2:40:07 PM
This is a very valuable article. It needs to be di... by manifesto 2000 on Thursday, Feb 10, 2011 at 4:57:32 PM
" Both father and son went beyond the "proper" cha... by Laura Roberts on Thursday, Feb 10, 2011 at 6:47:47 PM