Chris Hedges on the Bradley Manning Verdict

Chris Hedges :

FORT MEADE, Md.—The swift and brutal verdict read out by Army Col. Judge Denise Lind in sentencing Pfc. Bradley Manning to 35 years in prison means we have become a nation run by gangsters. It signals the inversion of our moral and legal order, the death of an independent media, and the open and flagrant misuse of the law to prevent any oversight or investigation of official abuses of power, including war crimes. The passivity of most of the nation’s citizens—the most spied upon, monitored and controlled population in human history—to the judicial lynching of Manning means they will be next. There are no institutional mechanisms left to halt the shredding of our most fundamental civil liberties, including habeas corpus and due process, or to prevent pre-emptive war, the assassination of U.S. citizens by the government and the complete obliteration of privacy.

Wednesday’s sentencing marks one of the most important watersheds in U.S. history. It marks the day when the state formally declared that all who name and expose its crimes will become political prisoners or be forced, like Edward Snowden, and perhaps Glenn Greenwald, to spend the rest of their lives in exile. It marks the day when the country dropped all pretense of democracy, obliterated checks and balances under the separation of powers and rejected the rule of law. It marks the removal of the mask of democracy, already a fiction, and its replacement with the ugly, naked visage of corporate totalitarianism. State power is to be, from now on, unchecked, unfettered and unregulated. And those who do not accept unlimited state power, always the road to tyranny, will be ruthlessly persecuted. On Wednesday we became vassals. As I watched the burly guards hustle Manning out of a military courtroom at Fort Meade after the two-minute sentencing, as I listened to half a dozen of his supporters shout to him, “We’ll keep fighting for you, Bradley! You’re our hero!” I realized that our nation has become a vast penal colony.

If we actually had a functioning judicial system and an independent press, Manning would have been a witness for the prosecution against the war criminals he helped expose. He would not have been headed, bound and shackled, to the military prison at Fort Leavenworth, Kan. His testimony would have ensured that those who waged illegal war, tortured, lied to the public, monitored our electronic communications and ordered the gunning down of unarmed civilians in Iraq, Afghanistan, Pakistan and Yemen were sent to Fort Leavenworth’s cells. If we had a functioning judiciary the hundreds of rapes and murders Manning made public would be investigated. The officials and generals who lied to us when they said they did not keep a record of civilian dead would be held to account for the 109,032 “violent deaths” in Iraq, including those of 66,081 civilians. The pilots in the “Collateral Murder” video, which showed the helicopter attack on unarmed civilians in Baghdad that left nine dead, including two Reuters journalists, would be court-martialed.

The message that Manning’s sentence, the longest in U.S. history for the leaking of classified information to the press, sends to the rest of the world is disturbing. It says to the mothers and fathers who have lost children in drone strikes and air attacks, to the families grieving over innocent relatives killed by U.S. forces, that their suffering means nothing to us. It says we will continue to murder and to wage imperial wars that consume hundreds of thousands of civilian lives with no accountability. And it says that as a country we despise those within our midst who have the moral courage to make such crimes public.

There are strict rules now in our American penal colony. If we remain supine, if we permit ourselves to be passively stripped of all political power and voice, if we refuse to resist as we are incrementally reduced to poverty and the natural world is senselessly exploited and destroyed by corporate oligarchs, we will have the dubious freedom to wander among the ruins of the empire, to be diverted by tawdry spectacles and to consume the crass products marketed to us. But if we speak up, if we name what is being done to us and done in our name to others, we will become, like Manning, Julian Assange and Snowden, prey for the vast security and surveillance apparatus. And we will, if we effectively resist, go to prison or be forced to flee.

Manning from the start was subjected to a kangaroo trial. His lawyers were never permitted to mount a credible defense. They were left only to beg for mercy. Under the military code of conduct and international law, the soldier had a moral and legal obligation to report the war crimes he witnessed. But this argument was ruled off-limits. The troves of documents that Manning transmitted to WikiLeaks in February 2010—known as the Iraq and Afghanistan “War Logs”—which exposed numerous war crimes and instances of government dishonesty, were barred from being presented. And it was accepted in the courtroom, without any evidence, that Manning’s release of the documents had harmed U.S. security and endangered U.S. citizens. A realistic defense was not possible. It never is in any state show trial.

Bruce Sterling On Manning, Assange, Snowden

 
As usual, it's all terribly witty and cynical with flashes of extreme futurological profundity.

Bradley Manning Verdict

Julian Assange :

Today Bradley Manning, a whistleblower, was convicted by a military court at Fort Meade of 19 offences for supplying the press with information, including five counts of ’espionage’. He now faces a maximum sentence of 136 years.

The ’aiding the enemy’ charge has fallen away. It was only included, it seems, to make calling journalism ’espionage’ seem reasonable. It is not.

Bradley Manning’s alleged disclosures have exposed war crimes, sparked revolutions, and induced democratic reform. He is the quintessential whistleblower.

This is the first ever espionage conviction against a whistleblower. It is a dangerous precedent and an example of national security extremism. It is a short sighted judgment that can not be tolerated and must be reversed. It can never be that conveying true information to the public is ’espionage’.

President Obama has initiated more espionage proceedings against whistleblowers and publishers than all previous presidents combined.

In 2008 presidential candidate Barack Obama ran on a platform that praised whistleblowing as an act of courage and patriotism. That platform has been comprehensively betrayed. His campaign document described whistleblowers as watchdogs when government abuses its authority. It was removed from the internet last week.

Throughout the proceedings there has been a conspicuous absence: the absence of any victim. The prosecution did not present evidence that - or even claim that - a single person came to harm as a result of Bradley Manning’s disclosures. The government never claimed Mr. Manning was working for a foreign power.

The only ’victim’ was the US government’s wounded pride, but the abuse of this fine young man was never the way to restore it. Rather, the abuse of Bradley Manning has left the world with a sense of disgust at how low the Obama administration has fallen. It is not a sign of strength, but of weakness.

The judge has allowed the prosecution to substantially alter the charges after both the defense and the prosecution had rested their cases, permitted the prosecution 141 witnesses and extensive secret testimony. The government kept Bradley Manning in a cage, stripped him naked and isolated him in order to crack him, an act formally condemned by the United Nations Special Rapporteur for torture. This was never a fair trial.

The Obama administration has been chipping away democratic freedoms in the United States. With today’s verdict, Obama has hacked off much more. The administration is intent on deterring and silencing whistleblowers, intent on weakening freedom of the press.

The US first amendment states that "Congress shall make no law... abridging the freedom of speech, or of the press". What part of ’no’ does Barack Obama fail to comprehend?

Chris Hedges on Bradley Manning / Edward Snowden

Chris Hedges : 

The military trial of Bradley Manning is a judicial lynching. The government has effectively muzzled the defense team. The Army private first class is not permitted to argue that he had a moral and legal obligation under international law to make public the war crimes he uncovered. The documents that detail the crimes, torture and killing Manning revealed, because they are classified, have been barred from discussion in court, effectively removing the fundamental issue of war crimes from the trial. Manning is forbidden by the court to challenge the government’s unverified assertion that he harmed national security. Lead defense attorney David E. Coombs said during pretrial proceedings that the judge’s refusal to permit information on the lack of actual damage from the leaks would “eliminate a viable defense, and cut defense off at the knees.” And this is what has happened.

Manning is also barred from presenting to the court his motives for giving the website WikiLeaks hundreds of thousands of classified diplomatic cables, war logs from Afghanistan and Iraq, and videos. The issues of his motives and potentially harming national security can be raised only at the time of sentencing, but by then it will be too late.

The draconian trial restrictions, familiar to many Muslim Americans tried in the so-called war on terror, presage a future of show trials and blind obedience. Our email and phone records, it is now confirmed, are swept up and stored in perpetuity on government computers. Those who attempt to disclose government crimes can be easily traced and prosecuted under the Espionage Act. Whistle-blowers have no privacy and no legal protection. This is why Edward Snowden—a former CIA technical assistant who worked for a defense contractor with ties to the National Security Agency and who leaked to Glenn Greenwald at The Guardian the information about the National Security Council’s top-secret program to collect Americans’ cellphone metadata, e-mail and other personal data—has fled the United States. The First Amendment is dead. There is no legal mechanism left to challenge the crimes of the power elite. We are bound and shackled. And those individuals who dare to resist face the prospect, if they remain in the country, of joining Manning in prison, perhaps the last refuge for the honest and the brave.

Snowden in Hong Kong

Another interesting thought :

Patricia Ho, a lawyer at Daly & Associates, which specializes in refugee cases and international public law, told GlobalPost that in December Hong Kong courts ruled the government could not send people home if they would face cruel and unusual punishment.

"The reason I think this is relevant," said Ho, "is because if you look at the case of Bradley Manning, during his detention period, he was found to have suffered cruel and degrading treatment. It was found by the UN special rapporteur on torture," she said.

"I would imagine given the similarity in the cases that Snowden could easily say, 'Well, I fear that the same would happen to me,' and use that as a basis to claim protection in Hong Kong. If he does that I would say his chances of protection would be fair."

Kevin Carson :

Bradley Manning, directly and indirectly, has probably done more for freedom than any single human being in years ...

... the cables Manning leaked — which were published on Wikileaks — played a central role in triggering the so-called Twitter revolution that started in Tunisia, spread to Egypt and much of the Middle East, and is now striking Qaddafi with hurricane-force winds of freedom. Among the cables which Wikileaks published were detailed descriptions of the Tunisian regime’s corruption, which galvanized local dissident groups into launching the movement that overthrew the government.

Thomas L Knapp :

QED, the US government considers you — whoever you are, wherever you may live, and to whatever extent you aren’t its active agent — its enemy and intends to treat you as such. Your freedom, perhaps even your very survival, depends on you recognizing this fact and acting accordingly.

PayPal Freezes Account of Group Raising Money for Bradley Manning

Jane Hamsher :

It’s sad that this is what we have all come to expect when advocating for the civil rights of someone who has been identified as an “enemy of the state,” without benefit of a trial. But here we are.

Someone spoke to a PR guy at the place where Bradley Manning is held prisoner.

A typical day for Bradley Manning

thiscantbehappening :

Assange's lawyers have said they have learned that the Obama Justice (sic) Department has impaneled a secret federal Grand Jury in Virginia to develop charges against Assange, most likely under the hoary and antiquated 1917 Espionage Act.

Because that act has never been used against a journalist or news organization, and because it would be fairly easy to make the case that Assange and WikiLeaks are performing a journalistic function protected by the First Amendment, legal experts say the government, to make any kind of a case, would have to prove that Assange had induced Manning to illegally turn over government documents to WikiLeaks.

...

Both Assange, in public statements, and Manning, in transcripts published by the magazine Wired, have stated clearly that there was no such relationship. Manning has said that he volunteered the documents out of a heartfelt whistleblower's desire to make public evidence of what he felt were war crimes by US forces, in the case of the Iraq and Afghanistan materials. There is no reason to think that his motive and methods would have been any different with respect to the State Department cables. There was no mention of his having been sought out or encouraged in his alleged activity by WikiLeaks, which only provided the vehicle for making any leaks public.

But with Manning having been held in solitary confinement now for more than seven months--first in a brig in Kuwait and now at Quantico--under conditions that are reminiscent of those that were used against alleged "dirty bomb" wannabe Jose Padilla, which drove him certifiably insane--it seems obvious what the government is up to.

Convicting Pvt. Manning on a charge of disclosing government secrets, stealing government documents, or even of treason, would be child's play in a court martial setting, where the jury would be composed of uniformed officers. Furthermore, it would not be much of a big deal, convicting a private of stealing and revealing government documents. But taking down WikiLeaks, and convicting Assange, who has been embarrassing the US and other secretive governments by doing what a real news media should have been doing? Ah, that would be a very big deal--one which would make a compliant US media even more compliant.

And to accomplish that feat, in the face of the First Amendment which guarantees Freedom of the Press, all the government would need to do is "prove" that Assange induced, or perhaps even paid Pvt. Manning to provide those documents.

Hence the torture.

In an article in Salon magazine, Glenn Greenwald reports that Manning is being kept in his cell, completely alone, for 23 hours a day. He is denied the right to exercise, has been denied a pillow or sheets for his bed, and is being administered anti-depressant "medication" involuntarily. He is barred from most outside contact, but one friend, David House, a 23-year-old MIT researcher who is a friend, according to Greenwald has said he has observed "palpable changes in Manning's physical appearance and behavior just over the course of the several months that he's been visiting him."

I suspect the goal in all this is to soften-up Manning, and to eventually "turn" him into a witness against Assange and WikiLeaks.

Again, in an American court--especially in a state like Virginia--a case of Manning's word against Assange's word would be pretty open-and-shut for a typical jury, which might be expected to show little concern about evidence that Manning had been tortured in captivity before being brought in to testify.

It is urgent that Americans who care about the Constitutional right to a fair trial, who care about the preservation of the First Amendment's freedom of the press, and who care about basic human rights and the need to outlaw torture here, in accordance with the United Nations Charter, demand that Pvt. Manning be released from his inhumane solitary confinement. He is an accused person, not a convicted criminal, and has by all accounts been a model prisoner. If the government thinks it has a case against him, it should bring him to trial with appropriate dispatch, and not try to pressure him into providing false witness against Assange. If it doesn't have a case, it should release Manning immediately!

(My emphasis)