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View Diary: Judge in Bradley Manning Trial Orders U.S. Government to Prove He Knew Leaks Would 'Aid the Enemy' (68 comments)

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  •  I guess the "star chamber" treatment came before.. (0+ / 0-)

    this latest court proceeding. It's good to defend the process... unless the process has been perverted -- the rules chucked out the window -- the decisions shrouded in secrecy.

    You're right, before today, I didn't know all the enumerated differences between military tribunals and commissions. It's a learning process. But it's tough to wade through all the secrecy and obfuscation.

    One thing I damn well do know is that this whole Manning thing is ANYTHING but normal Uniform Code of Military Justice procedure. Since when has the government ever tried to circumvent the burden of proving intent when the defendant is charged with treason?

    This whole thing has been a sham since the day he was taken into custody.

    Solitary confinement for nearly three years -- tortured -- about 20 minutes of exercise and sunlight per day but constant bright artificial light for the other 23 hours and 40 minutes. Forced to stay awake, sitting on a bench perfectly straight not even allowed to lean back against the wall. Held on suicide watch for months and months after trained psychiatrists said he wouldn't harm himself.

    Other than Manning, do you know ANYONE else subject to the rules of the UCMJ who's been treated like that? Gotta wonder how many other rules they're changing when it's convenient to do so. At the very least, he's been held in violation of Article 13, which I'm sure you're aware of.

    Defense motion to dismiss charges

    This latest trial might be the only time in the past three years that he's being treated like an actual human being.

    Guardian U.K.

    Baltimore Sun

    Human rights investigations evidence-based, independent and rigorous investigation of human rights abuses

    Read the links and THEN lecture me about how they've adhered to the UCMJ throughout this process.

    "That men do not learn very much from the lessons of history is the most important of all the lessons of history." ~ Aldous Huxley

    by markthshark on Mon Apr 15, 2013 at 04:48:51 PM PDT

    [ Parent ]

    •  Take a look around CAAFlog (0+ / 0-)

      Some folks who practice in military courts (both civilian and military attorneys) and who generally come at things from a defense perspective might give you a fresh perspective.  

      Or, if you don't think that'd be of benefit to you, don't look.

      The judge ruled that Manning was not held in solitary, which I'll take over your claim that he was, given that she actually saw and heard the evidence in court.  She awarded Manning 112 days of confinement credit for unlawful pretrial confinement for other violations -- which, as you can gather by the label, aren't supposed to happen, but as you can also gather do sometimes, and can and are redressed through the courts the way they were here.

      I notice you've abandoned your claim about the rules of evidence, which is good because you were wrong, but to the extent you think the burden of proof is different in a military court than a civilian one, you're still wrong.  You may be confusing arguments over what elements must be proven with the quantum needed to prove them.  In military courts, as in civilian, the government still must prove guilt beyond a reasonable doubt.

      Bottom line: if you think Manning got a raw deal because you don't think what he did was wrong, that's a defensible point of view.  Not one I share, but there it is.  If you want to make up stuff about the UCMJ and the rules of evidence, though, you don't really help your point.

      Mitt Romney enjoys the soft bigotry of low pigmentation.

      by Califlander on Mon Apr 15, 2013 at 11:49:29 PM PDT

      [ Parent ]

      •  I said it's a learning process... (0+ / 0-)

        Not enough of a concession for you? Oh well.

        I notice you've abandoned your claim about the rules of evidence, which is good because you were wrong
        But when you give your position away, i.e...
        Bottom line: if you think Manning got a raw deal because you don't think what he did was wrong, that's a defensible point of view.  Not one I share, but there it is.
        And...
        The judge ruled that Manning was not held in solitary, which I'll take over your claim that he was, given that she actually saw and heard the evidence in court.
        ... it's pretty easy to conclude at this point that you're more than willing to give deference to a system that's capricious, fundamentally unfair and gratuitously punitive. We're just at opposite ends of the spectrum.

        Obviously you didn't bother to read the material at the links I provided -- where multiple human rights violations are enumerated. Detainees at Guantanamo get [marginally] better treatment than Bradley Manning.

        But that's fine. To each his own.

        'Nuff said

        "That men do not learn very much from the lessons of history is the most important of all the lessons of history." ~ Aldous Huxley

        by markthshark on Tue Apr 16, 2013 at 07:50:56 AM PDT

        [ Parent ]

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