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Manning’s Right to a Speedy Trial Not Violated After 1,000 Days, Judge Rules February 27, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice.
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Roger’s note: 1000 days in prison without trial is not considered by military judge Colonel Denise Lind, to be a violation of the accused’s right to a speedy trial.  The standard is 120 days.  But wait a second, Bradley Manning is a soldier and his commander in chief, the president of the United States has already convicted him, stating not that he is accused of breaking the law but that in fact he did break the law (http://www.politico.com/news/stories/0411/53601.html).   Talk about justice.
Here is a comment from DarwinsBeagle in response to the judge’s decision:

80,000 American citizens are now held in solitary confinement for years, decades and lifetimes. The depravity of this society is unparalleled in human history. Manning is a prime example of how this vicious and sick society deals with people. This could be any one of us. All the while, they rubberstamp their criminality with court rulings like this one. Truly disgraceful. From www salem-news dot com:

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. 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 cannot see otherinmates from his cell. He can occasionally hear other inmates talk. Currently, there are no other inmates near his cell.

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.

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.
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 theroom for the entire hour. If he indicates that he no longer 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.

In March 2011, they began stripping Manning naked, depriving him of his glasses as well.

BY ANY STANDARD THIS IS TORTURE; VENGEFUL PUNISHMENT AUTHORIZED BY PRESIDENT OBAMA HIMSELF.

WE USED TO SAY JOKINGLY THAT “MILITARY JUSTICE” IS AN OXYMORON; TODAY WE CAN SAY WITH REASON THAT “AMERICAN JUSTICE” IS AN OXYMORON.

 

Published on Tuesday, February 26, 2013 by Common Dreams

Manning’s Right to a Speedy Trial Not Violated After 1,000 Days, Judge Rules

Pre-trial hearings move to a full court martial trial in June

- Jacob Chamberlain, staff writer

Bradley Manning has not had his rights violated while waiting in a cell for almost three years before being granted a trial, judge Colonel Denise Lind ruled in a pre-trial hearing Tuesday.

Bradley Manning. (Reuters / Jose Luis Magaua)

Manning’s lawyer, David Coombs, had argued that the prosecution was guilty of “extreme foot-dragging” and “shameful” lack of diligence, which violated Manning’s right to a speedy trial—in a final bid that could have had the charges against Manning dismissed.

A soldier in the military has had his or her speedy trial rights violated when it takes over 120 days before an arraignment, Kevin Gosztola reports at FireDogLake, which is the case for Manning. However, Lind ruled in favor of the prosecution who said some of those days didn’t actually count in the speedy trial rule, due to “excludable delays” initiated by the prosecution.

The pre-trial hearings will now be certain to move to a full court martial trial in June.

Saturday marked the 1,000th day Manning has been in military custody without trial, and protesters gathered in 70 locations around the world in solidarity with Manning.

The Guardian adds more detail:

The judge, Colonel Denise Lind, spent two hours reading out her judgment to a pre-trial hearing in Fort Meade, Maryland. She went through the procedures in preparing for trial in minute detail, concluding that the exceptional length of the case was almost entirely justified as a result of its uniquely complex and sensitive nature. [...]

Under the Rules of Court Martial 707, any member of the military who is prosecuted must be brought to trial – as measured by the date of his or her arraignment – within a “speedy trial clock” of 120 days of being detained. But there are grounds for excusable delays that set back the clock that include the need for counsel to prepare for trial in a complex case, an inquiry into the mental condition of the accused, and the time taken to obtain security clearance for classified information.

In Manning’s case, the defense and prosecution agreed that there had been 84 days of diligent work between the soldier’s arrest and his arraignment on 23 February 2012. But the two sides were in dispute over 330 days.

Kevin Gosztola is live blogging from the courtroom here.

Barack Obama: International Outlaw? January 30, 2009

Posted by rogerhollander in About Barack Obama, About War, Barack Obama.
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Have we become so inured to the United States government willy-nilly violating international law that it hardly registers in the mainstream media when the new “change” president continues in the same tradition?

 

Of all the disappointments and mis-appointments (Gates and Clinton, Sumers and Rubin) Barack Obama has laid on his most progressive followers, none compares with his continuing to send missiles into Pakistan.

 

The most fundamental principle of international law is that no nation has the right to unilaterally attack another unless first attacked.  In his notorious National Security Strategy document of 2002, George W. Bush introduced what has become know as the Bush Doctrine, which includes the notion that the United States reserves the right to engage in “preventive” war.  This euphemism for international outlawry is used to justify the U.S. invasion and occupation of Afghanistan and Iraq.  Then, by declaring a phony “war on terrorism,” Bush in effect created a justification for the United States to attack anyone at any time.

 

In the context of international legal vacuum (no court with the authority or wherewithal to prosecute a criminal government) and a “might makes right” U.S. foreign policy, the United States military can pretty much get away with whatever its Commander-in-Chief decides to do.

 

Barack Obama was elected by the American people precisely to cease and desist from such unlawful practices as torture, spying on its own people, holding prisoners indefinitely without charges, and unprovoked attacks on sovereign nations.

 

Sadly, he authorized missile attacks on Pakistan on January 23 (BBC) and January 26 (Reuters) in which as many as 22 were killed, including at least three children (according to reports).

 

According to the Reuters report of January 27, Obama’s Secretary of Defence, the Bush holdover Robert Gates stated, “Both President Bush and President Obama have made clear that we will go after al Qaeda wherever al Qaeda is and we will continue to pursue that.”

 

Along with Obama’s stated intention to escalate the War in Afghanistan, this bodes ill for the kind of change he led us to expect.  One speculates that Obama may feel he needs to show the hawks and his military commanders that he has sufficient macho to fulfill the role of Commander in Chief.  Much has been made of the historic antecedent to the election of the country’s first African-American president, the Civil Right Movement and in particular Dr. King.  What we should remember is that Dr. King faced angry racist police in the South and their vicious dogs; he spent time in their jails; whereas Barack Obama rose to the presidency through making inspirational speeches and raising millions of campaign dollars.  What he has yet to show us is that he is a man of courage.

 

It is tragic that he has not had the guts from the beginning to face down the hawks in his own party much less the militaristic Republicans.  It is not too late.  We know he can talk the talk.  We need to see him walk the walk.

(For more on the Pakistan attack, read Amy Goodman’s interview on Democracynow!

http://rogerhollander.wordpress.com/2009/01/30/obama-continues-bush-policy-of-deadly-air-strikes-in-pakistan/?)

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