Although my opinion will anger many on DKos, I still must speak my mind. Quite often when I debate this subject accusations such as "torture apologist!" will run rampant. Let me be clear. Disagreeing about whether someone is being tortured is not "apologizing" for torture. I never have and I never will condone torture. In my view when the accusation is made recklessly it cheapens the seriousness of the heinous practice.
Most of the facts on the case I've actually compiled from statements from Manning's attorney, David Coombs. There have also been vague statements from the DoD, none of which I've included in my diary. So let's talk about statements that appear from both.
Typically anything Manning or his attorney say is taken as worth its weight in gold, without question from Kos members, and whatever statements come from the military must be lies from the start. But the truth is neither the Department of Defense, Manning nor his attorney are impartial observers.
David Boone is biased for the defense and it's in his client's best interest that he drum up as much outrage and sympathy as possible. Aside from gaining public support for Manning, it also helps fund his defense through donations you can donate to his defense here. David Boone also has the luxury of selectively making public - interactions, private conversations and documents without rebuttal. Last, any good trial lawyer is skilled at stirring emotion and making legal arguments. I think it's safe to say that, in any trial, if only one side was allowed to make arguments they would win every time.
The Department of Defense is also biased in that the military likes to avoid bad PR. But the DoD and the detention facility at Quantico are bound by privacy laws. Even after Manning's underwear was taken at night for a few days, the military only said, "the circumstances warranted it" without being allowed to discuss details. Fortunately Manning's attorney explained it was taken due to his remarks about hanging himself with his underwear (sarcastically) as Boone says.
Let's start with the accusation that he's in "Solitary Confinement," and we'll handle each accusation separately. PFC Manning is not and never was in Solitary Confinement. Even Manning's own attorney admits he's not "technically" in Solitary Confinement. He is being held in maximum security because he's considered a national security risk due to the nature of his charges, one of which is Article 104—Aiding the enemy.
Here is PFC Manning's own attorney speaking on the nature of his custody.
http://www.armycourtmartialdefense.info/...
PFC Manning is currently being held in maximum custody. Since arriving at the Quantico Confinement Facility in July of 2010, he has been held under Prevention of Injury (POI) watch.
His cell is approximately six feet wide and twelve feet in length.
The cell has a bed, a drinking fountain, and a toilet.
The guards at the confinement facility are professional. At no time have they tried to bully, harass, or embarrass PFC Manning. Given the nature of their job, however, they do not engage in conversation with PFC Manning.
At 5:00 a.m. he is woken up (on weekends, he is allowed to sleep until 7:00 a.m.). Under the rules for the confinement facility, he is not allowed to sleep at anytime between 5:00 a.m. and 8:00 p.m. If he attempts to sleep during those hours, he will be made to sit up or stand by the guards.
He is allowed to watch television during the day. The television stations are limited to the basic local stations. His access to the television ranges from 1 to 3 hours on weekdays to 3 to 6 hours on weekends.
He cannot see other inmates from his cell. He can occasionally hear other inmates talk. Due to being a pretrial confinement facility, inmates rarely stay at the facility for any length of time. Currently, there are no other inmates near his cell.
From 7:00 p.m. to 9:20 p.m., he is given correspondence time. He is given access to a pen and paper. He is allowed to write letters to family, friends, and his attorneys.
Each night, during his correspondence time, he is allowed to take a 15 to 20 minute shower.
On weekends and holidays, he is allowed to have approved visitors see him from 12:00 to 3:00 p.m.
He is allowed to receive letters from those on his approved list and from his legal counsel. If he receives a letter from someone not on his approved list, he must sign a rejection form. The letter is then either returned to the sender or destroyed.
He is allowed to have any combination of up to 15 books or magazines. He must request the book or magazine by name. Once the book or magazine has been reviewed by the literary board at the confinement facility, and approved, he is allowed to have someone on his approved list send it to him. The person sending the book or magazine to him must do so through a publisher or an approved distributor such as Amazon. They are not allowed to mail the book or magazine directly to PFC Manning.
Due to being held on Prevention of Injury (POI) watch:
PFC Manning is held in his cell for approximately 23 hours a day.
The guards are required to check on PFC Manning every five minutes by asking him if he is okay. PFC Manning is required to respond in some affirmative manner. At night, if the guards cannot see PFC Manning clearly, because he has a blanket over his head or is curled up towards the wall, they will wake him in order to ensure he is okay.
He receives each of his meals in his cell.
He is not allowed to have a pillow or sheets. However, he is given access to two blankets and has recently been given a new mattress that has a built-in pillow.
He is not allowed to have any personal items in his cell.
He is only allowed to have one book or one magazine at any given time to read in his cell. The book or magazine is taken away from him at the end of the day before he goes to sleep.
He is prevented from exercising in his cell. If he attempts to do push-ups, sit-ups, or any other form of exercise he will be forced to stop.
He does receive one hour of “exercise” outside of his cell daily. He is taken to an empty room and only allowed to walk. PFC Manning normally just walks figure eights in the room for the entire hour. If he indicates that he no long feels like walking, he is immediately returned to his cell.
When PFC Manning goes to sleep, he is required to strip down to his boxer shorts and surrender his clothing to the guards. His clothing is returned to him the next morning.
There are three points to make here.
1: When it is repeated over and over that Manning is in solitary confinement, what do people assume? That he personally has been thrown into a dark hole with nothing, no time outside his cell and no interactions with people, ever. Albeit only for an hour a day, how many people knew he is let out of his cell everyday at all? How many people knew he's allowed visitors from friends and family on weekends and holidays? How many people knew he's allowed to watch TV and have reading material? How many people knew everyone in max custody are allowed to talk to each other through their cell doors?
2: It is perfectly reasonable to have complaints about the conditions of the maximum custody unit and/or their rules for those on prevention of injury watch (more on that later). In fact, legitimate complaints could be argued for every maximum security prison on the the country. But then, wouldn't it be more ingenuous to argue about the prison conditions as a whole?
3: I believe Manning's attorney has made a legitimate argument for Manning to be downgraded from maximum custody (notice - NOT "solitary confinement") to medium custody, based on PFC Manning's good behavior. But as I stated earlier, the Brig Commander also has a legitimate reason to consider him a national security risk. Whether or not you agree with the merits of the charges, no prison can decide that on their own.
Addressing the point of being on Prevention Of Injury watch, this again is a case where both sides have valid arguments. Manning's attorney maintains he should be taken off of POI watch because the brig psychiatrist deemed him a "low" risk of suicide and recommended outpatient care only. But on the flip side, what we know so far is that Manning has a history of instability, at least on some level. He was given an Article 15 in Iraq for assaulting another Soldier. He would ball his fists and scream at higher ranking members of his chain of command. A Master Sergeant in charge of him even went as far as disabling his rifle because he was concerned about his mental condition. Manning also made a remark (that his attorney says was only sarcasm) about hanging himself with his underwear. In the end, the Brig Commander is ultimately accountable for his safety - which is why it's her call.
And since we're on the subject of Personal Injury Watch, let's talk about Manning's forced nudity. After his comment about hanging himself with his underwear, for a few days his undergarment was taken at night after lights out. In the morning (as always) he is required to stand up in the military position of "parade rest" while the guard goes room to room doing his checks. Due to objections of being seen naked he was given a tear free smock. Ordinarily while on prevention of injury watch all clothing is taken except for the detainee's boxers. While I can certainly see how such a thing might be shocking to some people, from my own experience in the military I don't see it as that big of a deal. In Marine bootcamp and in army basic training we had forced nudity on a regular basis. Even on active duty I've been in a number of situations where we had to be butt naked around each other. In both Marine bootcamp and Army basic the Drill Instructors (Drill Sergeants in the Army) would make us dress "by the numbers." We're all standing online facing inboard and they would tell us to put on a particular uniform, then commence to counting, "ten nine eight seven six five four three two one - TOO SLOW! STRIP!" - then back to being naked. The Marine Drill Instructors would literally scream at us while we showered, again, by the numbers. "You're washing your face! Wash your nasty face! Now you're washing your chest! Wash your nasty balls! (and after about a 1 minute shower) "Get the fuck out of my rain room! Hurry up!" Even when not in training, when I lived in the barracks it was the old style. One large shower per squad with no shower curtains. It's big boy rules and who gives a damn if someone sees your junk. I've seen more penises than I can possibly count. So... standing naked for an inspection that lasts a few seconds? For me - no big deal. (poor choice of words).
Next, let's address that "Manning is being held without charges and no trial!"
http://www.armycourtmartialdefense.info/...
Manning Case Update
The Rule for Courts-Martial (R.C.M.) 706 board is continuing its work. The board is anticipated to take another two to six weeks. After the board has concluded, the convening authority will direct the Article 32 investigating officer to set a date to begin his inquiry. The Article 32 will likely begin some time in either late May or early June 2011.
Can we lay this one to rest now?
In summary:
"Solitary Confinement"
He is factually not. He is in maximum custody with the same privileges as everyone else in MAX. On the flip side, it's not unreasonable to argue he shouldn't be in MAX (though I would disagree). It is also not unreasonable to conclude the conditions of maximum custody should be improved (with this I would agree). But the latter point isn't a Bradley Manning issue - it's a facility issue and the same could be said for just about every maximum security prison in the country. Anyone ever watch the show Lockdown on MSNBC?
A fair argument could also be made that he should not be on Prevention Of Injury watch (I don't know enough to agree or disagree).
A fair argument could definitely be made that they should have given Manning the tear free smock from the beginning. (I would agree with this, though it's a much smaller deal to me than to most people).
Finally, another fair argument should be made that due to his mental state Manning should not have been serving on a deployment, let alone had access to classified documents. Reportedly this is the defense that Mr. Boone is going for.