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Pfc. Bradley E. Manning is escorted from a pre-trial hearing Tuesday in Fort Meade, Maryland. Manning attended a motion hearing in the case of United States vs. Pfc. Bradley E. Manning, who is accused of sending hundreds of thousands of classified Iraq and Afghanistan war logs and more than 250,000 diplomatic cables to the website WikiLeaks while he was working as an intelligence analyst in Baghdad in 2009 and 2010.
FORT MEADE, Md. -- During a pre-trial hearing Tuesday, the defense for Army Private First Class Bradley Manning -- accused of leaking thousands of classified documents to the website Wikileaks – began making the case that Manning's charges should be dismissed, saying the Army private's confinement conditions constitute illegal punishment.
Pfc. Manning's defense team alleges he was improperly classified as a high security risk and as a risk to himself while confined at Quantico, which resulted in Manning being kept on 23-hour lockdown in a small cell. At one point, his clothes were taken from him at night.
David Coombs, Manning's lead attorney, spent more than six hours questioning retired Marine Corps Col. Daniel Choike (pronounced CHOY-kee), who was commander of the Quantico brig at the time. Coombs asked Choike about a number of emails sent among the brig staff indicating that some at the facility believed that Manning did not require such harsh confinement.
Judges can dismiss charges if treatment prior to trial is egregiously harsh, but it is rare.
Manning's motion is filed under Article 13 of the Uniform Code of Military Justice, which bars any punishment or penalty other than arrest or confinement while the accused awaits trial.
The brig staff classified Manning as maximum security, usually reserved for violent offenders, and as in need of protection from injury, a classification for prisoners who may harm themselves. The defense argues that Manning needed neither classification and that his status led to unfairly harsh confinement conditions.
Related: Bradley Manning heads to court to argue against trial in Wikileaks case
Just months before Manning entered the Quantico brig, another prisoner, Marine Captain Michael Webb, committed suicide while being held there. The defense's motion paints a picture of a base overly concerned about another suicide in the facility's brig, particularly with a prisoner as high profile as Manning.
On the witness stand today, the brig's commander maintained that Manning's classifications as a maximum security prisoner and as a risk to himself were both proper, citing erratic behavior such as licking his cell's bars and playing peek-a-boo with brig staff.
After nine months at Quantico, Manning was transferred to the Army prison at Fort Leavenworth, Kan., where he was placed in a medium security facility. He was not deemed a risk to himself.
On Wednesday, the court is expected to hear from a member of the mental health staff at Quantico while Manning was there. Manning, who has never testified in detail himself, is listed as a witness but it is still unclear whether he will testify.
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Leave a Comment:
It wasn't confinement; it was retribution.
Lets give him a golf outing every other day, 50 in. flat screen, hookers every M/W/F, and filet mignon and a nice chianti every Saturday! WTF - he is a traitor, suffer @!$%#er!
Sure, let's do away with the law of the land as we see fit. Manning hasn't been convicted of anything.
PFC Manning is still receiving a paycheck every 2 weeks. He is not locked in a cell when he is at Leavenworth, he lives in a communal area with TV, vending machines, etc., and has his own private cell for sleeping. His pre-trial confinement is important for his own safety, just read some of the comments on here and you can see why. He is also an extreme flight risk and has a following that would be more than happy to help him escape the U.S.
He has admitted he leaked the documents, but he denies he provided material support to the enemy, which is the most serious charge. The government is not seeking the death penalty.
What's the problem Monkey?
Manning should be protected under the whistleblower act. Daniel Ellsberg was once considered a traitor, but today he is recognized as the true patriot he was.
The government has no respect for our privacy as citizens, but they will scorch the earth to prosecute anyone who dares threaten their privacy.
He would only be protected on the release of documents that involved criminal acts, not the other few hundred thousand documents he released that contained nothing criminal or had nothing to do with either war.
I went to the same school Manning went to at Ft. Huachuca. They made it clear to me, as I am sudre they did him, that disemmanating classified material without authorization is tantamount to treason. Treason is ultimately punishable by death in time of war. Nothing they did to him is harsh enough, yet.
This guy is actually lucky. After selling out the US, he gets a room, food, clothes and all expenses paid by the taxpayers!
he disclosed classified information publicly during wartime which he hasn't denied because they've got him red handed.... that's a capital offense...
Manning, the american people are very sorry your cell hasn't been comfortable enough.... see you at the hanging
@TiredNdisgusted
Did they not have a copy of the Constitution at Ft. Huachuca or did you just neglect to read it? If you had, you would have learned that the Section Three of Article Three very clearly states that, "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." Disseminating classified information is indeed a crime. It is not, however, always considered treason and cannot be considered treason in this case. That is why the government never even appears to have seriously considered the possibility of even charging him with treason.
@oldhamletman
"Manning, the american people are very sorry your cell hasn't been comfortable enough.... see you at the hanging."
Sorry to disappoint you, but they are not pursuing the death penalty. You seem like a lovely guy though.
What, then, would you call handing off classified documents to a foreign national with the express purpose of posting them on an internet site that would be available to the public, worldwide? Those documents containing anything from random minutiae to genuine OpSec topics?
I believe that very much classifies as giving aid and comfort to the enemy because he gave those documents willingly and with knowledge aforethought that said documents would be made available to anyone with an internet connection.
His lawyer should share in this reward for treason..............do they still use a firing squad or has that become "too harsh"?
LevTolstory2,
This would apply to civilians. The UCMJ applies here;
In this case Manning's espionage is treasonous. The really cool upside is that Manning can then be tried for Treason in a criminal court for giving aid and comfort to the enemy. It's called "Double Jeopardy" and it exists if you are a member of the military. Too bad they can only hang him once. :)
Thank you, Sven.
The part of this story very few people are talking about: Bradley Manning gave classified documents to a web-site. In those documents was information that could prove the U.S. gov't and military were breaking U.S. and international laws and violating the constitution. Why let the facts get in the way of a good spy story? It is a crime in the U.S. to not report a crime you witness being committed or have knowledge of. This is also true for the U.S. military. So you have a U.S. soldier and citizen doing what is best for his fellow citizens and humans and all you folks can say is things like, " too bad they can only hang him once."
Please remove your heads from your behinds and try to take in the bigger picture. The real criminals are the one's Bradley Manning exposed by leaking the documents. They will continue to get away with war crimes while Bradley rots in jail for exposing the true enemy of the U.S.: The military industrial complex. It spends one third of the GDP of the U.S. every year bombing innocent children to fight terrorists that the U.S. gov't admits it supports. ONE THIRD!!! that's one trillion dollars a year!
Does it bother you your gov't is lying to you? Baa a a! Wake up sheeple. It's time.
Stone Mason, you do not understand what a whistleblower is, or the requirements for protection under such a system. That much is obvious.
To qualify as a whistleblower, all information you give must be related directly to the event/issue being exposed as an illegal act. What's more, this information must pass to an agency capable of taking the necessary legal action while protecting the spread of misinformation.
Manning breached both of these: A) he grabbed every file he could and B) he gave them to a private citizen with a stated desire to damage the United States at any cost.
Meanwhile the sheepdogs are continuing to protect your sorry ass' ability to say dumb @!$%#. Best be thankful.
Classified documents are leaked everyday, many deliberately by the govt. They are leaked to the media and to writers, such as Bernstein. Daniel Ellsberg published The Pentagon Papers in the New York Times--neither was prosecuted.
Did you even read the cables? They were largely innocuous, and many I wondered why they had been classified anyway. The discussion should be on the criteria for withholding information from the American people. Yes, I got upset to find out that U.S. diplomats were acting as sales agents in Russia for promoting business with Visa/Mastercard. Why should they be spending their time doing this, and why classify this kind of information? How can we be informed enough to make decisions about policy and elected officials if we are kept in the dark about everything?
Again, this is another "brainwashed" response to the Manning situation. The govt is always right and we should not question their abuse of the classified information system. If we doh't know things, it's only right. The less we know, the better off we are. Just continue keeping all of us in the dark, even lie to us if you have to.
I'm always surprised when people refuse to think about all aspects of a situation.
*eyeroll*
Have you ever worked in an office that handles classified information?
Do you even have any idea how classifications are derived?
If not, get thee hence. Seriously, you're out of your league.
I love how people start making assumptions. My sorry ass? The last thing you want would to run into is "my sorry ass". You should come visit my farm where I grow healthy food for people, manage to do it without dangerous chemicals, and can show you around in the woods where I hunt. But your probably too busy talking tough on the internet.
The U.S. gov't regularly admits it lies to it's citizens.
And once again you are missing the big picture. Manning probably broke some laws, and will have his day in court, but he exposed the Mil. Indust. Complex for what it is. A giant ponzi scheme robbing the citizens of this world of their money and lives. Please google FBI terror plots all created and read up. Surprised that you claim to know about whistleblowers yet don't know why they are doing it. Just because some crooked gov't org. says he isn't a whistleblower, it doesn't change the facts. The MIC is rotten and riddled with real traitors against this country.
@Stone Mason- You are leaving out the fact the many hundreds of thousands of the documents PFC Manning hemorrhaged to WikkiLeaks had absolutely nothing to do with any crimes committed by anyone, US or not. There is no whistle blower protection for those documents.
allswell: I've noticed you have not addressed the part of my comment that clearly states all citizens are legally obliged to report any and all crimes witnessed or aware of.
Darn pesky facts getting in the way again?
Manning breached both of these: A) he grabbed every file he could and B) he gave them to a private citizen with a stated desire to damage the United States at any cost.
Damage the united states? Or damage the people in the united states responsible for killing innocent children and selling our country to the highest bidder?
Maybe your life is better for you when imagining it's a movie with spies and espionage. I prefer my world to have rules and laws that all must abide by. Do you really trust people who bomb babies to have your best interests in mind?
@Todd-651965
I said in my comment he broke some laws. He also exposed war crimes and gov't agents selling our country to the highest bidder. Given the fact our gov't constantly spins and manipulates the facts, I'd like to hear Manning's own version of events other than "yes, I did it".
We'd all like to hear his version of events and his reasons for doing what he did. There were better channels to use to air his issues instead of abusing his position of trust, violating the law, his orders, his non disclosure agreement that he signed, and possibly endangering the lives of his fellow Soldiers. Had he just leaked the bad stuff I'd almost be OK with it, but he acted like a child throwing a tantrum and sent everything he could get his hands on, without even looking at it first. That reckless disregard is why he is where he is.
I can almost guaranty he wouldn't have been caught if he had just leaked the bad stuff.
I notice you like to avoid the fact that there were already complete chains established to handle any and all whistleblowing concerns, including direct contact with Congress-members and the Judicial Department.
Of course, you think they're all the same evil stooges so its irrelevant, isn't it?
@Todd-651965
Ok. we agree he shouldn't have released all of the other documents. You may have missed the part where I said people are missing the big picture.
Focusing on the spilled milk on the floor and not acknowledging the elephant in the room is what got my response in the first place. Why is it people are attacking this guy for releasing thousands of unrelated doc's? I never said he shouldn't be tried for that. Why has there been no investigations into U.S. agents selling out our country to the highest bidder? Is it because it's easier to believe something you are told, instead of examining the real facts and coming to your own conclusions?
According to the official 9/11 report, the U.S. gov't in all it's capacities, the military, dozens of intelligence agencies, NORAD, the FAA, AND all the foreign intelligence agencies such as mossad, MI5, MI6, as well as interpol combined, representing a trillion dollars plus a year in budgets, couldn't catch on to a plot that high-jacked 4 planes with box cutters and then flew them into buildings, including the Pentagon.
Complete failure on all fronts. That's if you even believe the report. Not one of those entities mentioned came even close to performing their jobs. Yet, we are supposed to trust these agencies to have our best interests in mind. Please. Go tell your fairy tails to some elementary school kids, they might believe you.
Sven-
I never argued that what he is alleged to have done wasn't a crime. I simply pointed out that it's not treason. The UCMJ reference you gave makes no reference to treason.
LevTolstoy2,
Reread my post. I referenced espionage not treason. My point was the Constitution has no bearing in this case. Military members fall under the jurisdiction of the UCMJ not the Constitution.
no, military members still fall undr the Consitiution. Just because we signed on the line, does not mean we waived our Rights and Protections under the Constitution. the Constitution is the last word for all rules of law in Amercia, to include the UCMJ.
Let's bring Karl Rove's outing of Valerie Plame up, shall we? Let's prosecute Rove for treason and give him the same sentence.
Agreed!
Although we're probably roughly on the same side of things politically, Jack Knight, I don't think the left should copy the George Bush era tactic of insinuating that certain acts are treasonous when they very clearly aren't. Criminal perhaps (in both Rove's and Manning's cases) but certainly not treason.
YES!.................or did Bush II pardon him already??
Yes. That's a wonderful defense - "I did something wrong, but some other person did something wrong also, so I should not be punished." Try that the next time you get stopped for running a red light - "But officer, I saw another person do that yesterday, and you didn't stop them!" It is completely irrelevant, even if another car comes through the light at the same time as you.
You can say it is a plea for equivalent enforcement, but it is just misdirection and distraction.
Jack--Get a clue. It wasn't Rove. Everyone knows it was Richard Armitage who outed Plame.
According to the UCMJ, what Manning did does fall under the definition of treason.
He is a traitor. Simple. Every member of the US military is a VOLUNTEER. You know what the job entails or may entail. You take an oath to your country. You are not a citizen anymore. You chose a path of servicing your country for a bit while giving up those rights. By CHOICE. And the oath means everything when you swear that alliegience to your country. I am a vet. I entered in 97 in peacetime. I left just about 2004 as I personally did not want to go and fight in Iraq. I had spend 7 months in Afghanistan and that was a war I believed in. I did not in Iraq, however if sent there I would go because it was my buty when I swore my alliegience to my country by joining the military. And to protect my brothers in the military in every branch in every position with me. Just like manning did. But when he didnt agree. He leaked hundreds of thousands of classified documents in war time many of whch contained naes and locaions of informional places that could have harmed troops and allies. And even if nothing he released did. Its still something he had acess to as a US Military serviceman with that clearance cause he joined the military to serve the US. It started with a helicoptor coverup video he realsed. Which was a terrible incident n bad coverup. And if he would have just leaked that he still would be a traitor but I MAY POSSIBLY feel that a kid just slipped and could not live with himself about what he sw and wistle blew that chopper incident. But when you go out and get al you can and realse it. treason, Simple. Death penalty. I dont care his cell is to small. Disgusting parasite. Civilians who have never served may not understand and think I am wrong. But when you take that oath, you chose that. And he did not join in peacetime. We were at war so its not like he didnt have a choice on weather or not to join the military
"He is a traitor."
Not according to the Constitution or the prosecutors.
"Every member of the US military is a VOLUNTEER. You know what the job entails or may entail. You take an oath to your country."
True.
You are not a citizen anymore.
Absolutely 100% false. Those enlisted in the armed forces are citizens under the protection of the Constitution.
You chose a path of servicing your country for a bit while giving up those rights.
Also not entirely true. Members of the armed forces give up certain rights, but certainly not all of them. They are still protected by the Constitution. And I would probably say "serving your country." "Servicing" has certain, umm, implications...
"It started with a helicoptor coverup video he realsed. Which was a terrible incident n bad coverup."
There was no coverup. The military's reaction was to say that the disgusting footage that was leaked did not depict any violations or crimes.
"And if he would have just leaked that he still would be a traitor but I MAY POSSIBLY feel that a kid just slipped and could not live with himself about what he sw and wistle blew that chopper incident. But when you go out and get al you can and realse it. treason, Simple."
No, it's not "simple," even though you say it twice. Get a copy of the Constitution. Go to Article Three Section Three. You'll learn what treason is. (Hint: it ain't this.)
Ok lev,admit it.You're supportive because you're gay too.
Pained1 - maybe you are right, but don't be deluded into thinking that is a universal reaction among gay people. To the contrary, many gay citizens also believe Manning's behavior was treasonous.
Jack Knight - you are correct, Karl Rove's outing of Valeried Plame was also treasonous but under Bush Republicans could get away with heinous acts, even when they brought the US into wars based on false premises and loss of fortune and respect.
Bottom line: treason can be committed by people on any side of the political spectrum.
Jack Knight and skeptic must have never heard that it was Richard Armitage of the State Dept. who outed Plame, not Karl Rove. For promoting that falsehood, they have lost all credibility.
Lev- We in the military are held by all laws. Every city, state, fed, and the UCMJ. The DoD will charge him as see fit under the UCMJ. And when we choose the military life we do give up alot of rights. Did you know that for us, wearing of civ attire isn't a right it is a privilage.
@TiredNdisgusted
You work in SigInt at Huachua but you can't spell, let alone form, a proper sentence?
No wonder the North Koreans, Chinese, Russians, and Mexicans are defeating us.
Poor, poor, treasonous baby.
This little bitch I'd love to see get his just desserts.He wasn't answering a higher calling,looking out for the American people.He did it because he was upset about dadt.He should be gutted and left to scream in the dirt
So sorry he is uncomfortable. Isn't he in jail for treason against our country? Perhaps he will rethink his life,now. And too bad if he is uncomfortable.
Not harsh enough in my opinion.
LOL...What a joke. He committed an act of treason against our country he should be sent to Gitmo with the other terrorists to await his military trial...FOREVER.
Apparently Manning & his lawyers are trying to drum up sympathy for him - not gonna work. Although he was confined to his cell at Quantico (probably because they knew someone would beat his butt if he was in the generalpopulation), he was still fed, clothed and allowed reading materials and other comforts. That's a far cry from the guys in Afghanistan and Iraq who are sleeping in tents, don't have running water and are subsisting on MREs. He's a traitor who got ticked off by some of the people he was working with and retaliated by passing hundreds of classified documents to a man/organization known to diseminate material regardless of security concerns. In those documents were names of people in several countries who were providing intelligence to us - he put their lives & their families in grave danger & he should be punished for that. I have no sympathy for him and the conditions he's being confined in.
Bradley Manning violated his enlistment oath and the documentation needed to handle classified material. The US Military is based on HONOR, DUTY, COUNTRY , and requires a higher morality than most civilians can endure. He is only alive because he was separated from general population. I served in the US ARMY from 1982 to 1992, nd would have eliminated this individual if he had been in my unit. Civilians (most of you here) have no true concept of military life or the rules that MUST be followed. To support Bradley Manning does make you an enemy of this country, and yourself a subversive POC, that should be moving to any country but this soon. God Bless our men and women in the Armed Forces and protect them from our enemies, foreign, domestic and in Washington D.C.
Clown. This country was started on the right to express "your" opinion. You know... the one above these words. When you serve in the military you take an oath to protect the constitution. The gov't was violating the constitution. Manning exposed it. That might be hard for you to understand but it doesn't make it not so.
I'm afraid the evidence does not support that contention.
But that might be hard for you to understand.
Maybe in your opinion. Actually it's quite clear to me. But there won't be trials or hearings to make that case because the fix is in and always will be until people stand up for their rights.
What's the delay? This Manning needs to be hung as a traitor, ASAP!!!
Then we don't have to hear drivel like this from his lawyer.
It's called due process. Due process is for everyone according to the constitution. Even in the military.
No sympathy here. He is a traitor and should spend the rest of his days at hard labor; he is lucky he won't get the death penalty like other traitors.
He is a traitor to his country. There is no sympathy here. I know they won't bring him up on formal treason charges, as that would require someone to decide whether he lives or dies. But he should spend the rest of his life in a military prison, thinking about what he did to his country. Then they should go after Karl Rove for his outing of Valerie Plame. That was a treasonous act. No difference.
It's really hard for these little brats when they realize that mommy and daddy aren't there to make everything nice. He threw his little tantrum, and now the U.S. is giving him more than his usual 15 minute 'time out'. Surprise!
He is a traitor to his country his uniform and his brothers in arms........( happy you Aston Wilkyleaks B.S. supporters? ) but his lawyer is going through the motions, that's what hes there for. there is no way he will get off. even if by some miracle he did, what next? where could he hide? his passport is gone.
Its rather tiring how long they're managing to delay these trials when he has never denied giving up classified information to someone with the stated purpose of harming the United States.
While we do not have a declared war and therefore would find it hard to justify the death penalty these days, a couple dozen life sentences without parole will suffice. Put him in general population.
Execute the traitor.
The UCMJ does not have a punishment that is harsher than I would support for this character.
All he did was expose all of the War Crimes the US committed. So I guess you all are just as corrupt as our Gov.
Yeah, good luck with that one.
Traitor.
Were any American lives really put at risk by the info posted on WikiLeaks? My sense is that they weren't. And I've certainly not heard of anything that would suggest that our enemies have used any of the info against us. Nobody should leak classified information, but just because he did doesn't mean any of our operations or people were put in real danger. That would be my threshold. He's already been treated pretty harshly--and maybe illegally.
Its starting to sound like David Coombs belongs in there right beside him.