Govt. calls for 60 years; defense argues for Bradley’s life: trial report, day 36
By Nathan Fuller, Bradley Manning Support Network. August 19, 2013.
Vigil at Fort Meade
On the final day of litigation in Bradley Manning’s court martial, we saw a government dead set on persecuting a whistle-blower to deter those who he might inspire, and a defense intent on salvaging the young soldier’s future.
David Coombs, lead defense attorney, implored military judge Col. Denise Lind to give Manning a sentence that “allows him to have a life,” after prosecutors requested the judge imprison him for 60 years and fine him $100,000.
Don’t “rob him of his youth,” Coombs said, in requesting a sentence that would allow Manning to one day find love, “maybe get married, maybe have children, perhaps have a relationship with his children’s children.”
“Perhaps his biggest crime is that he cared about the loss of life,” Coombs said of Manning, asking the judge to account for his pure intentions. Manning explained in February that he was disturbed by the “seemingly delightful bloodlust” his fellow soldiers displayed when gunning down unarmed civilians and journalists in the Collateral Murder video. Coombs portrayed Manning as a humanist, someone who cared not only for American troops but also for contractors and local nationals in Iraq and Afghanistan.
Coombs recounted military psychologist Dr. David Moulton’s testimony, regarding Manning’s hope not only to end the wars in Iraq and Afghanistan, but also to show that future wars were unnecessary. “This is the person the government wants to give 60 years,” he said.
Countering government claims of great harm, Coombs said that the impact from WikiLeaks’ releases was “temporary in nature,” and that statements on long-term damage were “speculative at best.” Prosecution witnesses could connect no casualties to the disclosures, and Judge Lind rejected some testimony speculating about future or indirect harm. Coombs acknowledged that the government addressed what it felt were legitimate impacts with the Information Review Task Force (IRTF), and that Manning doesn’t intend to “shirk away” from those impacts, but to claim that they are ongoing, continuing, or getting worse “is to ignore reality.”
Explaining Manning as a person, not a symbol, Coombs said Manning is a “young man,” an “intelligent man. He’s a little geeky at times. But he’s caring. He’s compassionate. He’s respectful.” But he had personal issues as well, including gender-identity dysphoria, Coombs said, and the military provided no guidance, no one to turn to for help. He said so “not to excuse” or “minimize” Manning’s conduct, but to explain “what this young man was going through.”
Manning wasn’t accepted by his fellow soldiers, one of whom shoved a door in his face, while others picked on him for being small and gay. His supervisor, Master Sergeant Paul Adkins, was aware of his issues but did nothing to help him.
Despite his issues, Manning endured three years of confinement, some of which (more than nine months in solitary confinement) even the court determined was unlawful, Coombs noted. That shows that he’s resilient, and that resilience makes him a “prime candidate for rehabilitation” – a concept the government ignores.
The prosecution is “interested in one thing, and that’s punishment,” Coombs said.
Sixty years to set an example
Government lawyer Captain Joe Morrow, arguing for a 60-year sentence and $100,000 fine, made the prosecution’s intentions crystal clear.
“There’s value in deterrence,” he said. “This court must send a message to any soldier contemplating compromising national security information.” The government wants to set an example of Manning, hoping to instill fear in those who would expose abuses as he did. As Coombs noted later, 60 years would be nearly three times Manning’s current age, and it’s longer than the lives of any lawyer in the courtroom. It’s also long after the documents Manning released would be declassified: most are scheduled to stay secret for just 25 years.
Capt. Morrow reviewed the government’s witnesses, beginning with Brig. Gen. Robert Carr, who ran the IRTF, which pulled more than 300 personnel from their jobs and spent hundreds of thousands of dollars identifying and notifying Iraq and Afghan nationals who could be discovered through the war logs’ release. He reviewed State Department witnesses who claimed the release of the diplomatic cables harmed our relationships with countries all over the world, namely with a “chilling effect” that made foreign diplomats and otherwise cooperative sources reluctant to speak with the United States or trust it to keep their secrets. He frequently mentioned that these witnesses went into specific detail in the prosecution’s many classified sessions, closed off to those without Secret clearances.
Challenging the contention that Manning’s unit or command were at fault, Capt. Morrow said, “The Army is not on trial, the chain of command is not on trial. PFC Manning is on trial.”
“The Army didn’t betray PFC Manning,” he said. “PFC Manning betrayed the Army.”
Coombs to handle immediate appellate matters
After closing arguments, Manning told Judge Lind that he chose Coombs to handle the first appellate process, which is an application for clemency to Maj. Gen. Jeffrey Buchanan, the Convening Authority in this court martial.
What is scheduled for tomorrow?—I will come down from Syracuse for the next action by the court or the Support Network—Ken —-He will need our support as much now as ever.
It is a soldier’s duty to report war crimes—the wrong person has been on trial. Since when can an American be held in Solitary for 300 days without a trial? Do we still have a Constitution or not??? We slaughtered 2,000,000 Vietnamese—My Lai was the tip of the iceberg!!!When will the command structure clean up the Pentagon and clarify Rules of Engagment—murdering innocents is terror—let the so-called” war on terror” begin at home. Ken Howland—Vietnam Era Medic
Bradley will be sentenced as early as Wednesday or Thursday and we will be having a demonstration mostly likely at the WH that day/evening. You can email me details.
email me FOR details
From your mouth to “God”‘s ear. This is setting up the U.S. to be a police state.
Rule 1: Don’t embarrass the government by revealing snotty comments about other governments.
Rule 2: If you see wrong-doing, look the other way.
Rule 3: Don’t expect your superiors to take action up the chain of command. Their career comes first; human decency comes last.
Rule #4: Keep your head down and try not to care about right and wrong.
Obey these rules and nobody will target you with a drone. You’ll do fine in the new police state.
Thank you Ken Howland—Vietnam Era Medic wrote:
“It is a soldier’s duty to report war crimes—the wrong person has been on trial.”
You put it perfectly. And keeping Manning in prison for almost a year without a trial… obviously we DON’T “have a constitution” anymore.
Our government is the only terrorist I know. Bradley Manning deserves the Nobel Peace Prize and Obama will never give it to him. How Obama got it in the first place is just incomprehensible, and now we see who the real heroes are. Free Bradley Manning!
Bradley Manning did this for all of us! If the government and US Army is so intent on punishing him as an example to others, and given him a six decade sentence, I can only hope that President Obama will have the courage at the end of his final term to pardon Bradley Manning for his quixotic bravery. I do not see why this could not be a realistic way to end this mess.
Obama won’t pardon him! Are you kidding? He’s the one who wants him to get the maximum penalty. Remember Obama? The Constitutional lawyer, the Traitor, the Liar along with the Cabinet and the Congress.
ABSOLUTELY, ALL OF THE ABOVE!
I agree, George… it would be so great if Obama surprised us with that kind of humanity. But, honestly, right now he looks like he’s way more interested in hoarding power for corporations than he is in protecting the rights of whistle blowers and citizens. He’s not the Obama we voted for, which is exactly why he fears the likes of Manning and Snowden… the public stands to learn too much about his actions that are legislating away our rights. I got some info today on the TransPacific Partnership (TPP). You might want to check it out. I for one am horrified, and I would know none of this if it hadn’t been for the courage of Manning and Snowden. Because of them, I know to question. Here’s a place to start researching TPP if you’re interested:
http://truth-out.org/news/item/18221-contradictions-of-global-neoliberalism#.UhJQBLB1IgE.email
As others have said, the true terrorists reside in the clandestine operations of the U.S. government.
HE IS EXACTLY THE SAME BUMMER YOU VOTED FOR!
Obama is a coward; he will do as he was told. That is why Obama is a puppet of the Military/Indusrial Complex (Cf.Dwight D. Eisenhower, 1961. Public Papers of the Presidents, Dwight D. Eisenhower, 1960, p. 1035- 1040). Obama’s off-hand satatement to the press that Manning committed a crime, corrupted the whole proceedure. The United States of America has fallen into total disgrace.–R.T. Thomes (Amsterdam)
James LAngelle, PVT, USMC RLT 27//RVN/1968
6:57 PM PST
The kid made a mistake, give him a break. I look back on some of the mistakes I made in the Marines during the VietNam Era and the breaks command gave me, and it made a better man out of me. That’s what the defense is asking.
the only mistake he made was confiding in that scumbag Lamo.
for the rest of us – we needed to know, to stop the war profiteering at the cost of human life.
Bradley Manning is not a “kid”. Manning is old enough to defend with his life, his country (you, included). Bradley Manning did not make a mistake revealing corruption (it is a soldier’s DUTY to reveal corruption. (Why do you think the German Army literally, marched through France?–answer–Most of the French top-brass were paid-off; the term “Vichy Government” is synominous with infamy). With the release of the video showing the deliberate murders of civilians, the term “co-lateral damage” is a mockery; it is rarely seriously used.–R.T. Thomes (Amsterdam)
I am ashamed of my own government’s handling of this case. Bradley Manning is a true patriot and hero.
It Is those who commit war crimes who betray the army, and those who allow it to continue by saying nothing.
The BRUTALIZATION of Bradley by the US MILITARY is what history will remember when considering his so-called “crimes”: the exposure of the indeed, blood-lust displayed by his fellow soldiers, seen in the Collateral Murder video. George W. Bush and Cheney orchestrated the deaths of 1,000,000 IRAQUIS, and further, by targeting sewage treatment plants, ensured grisly epidemics of cholera, and by deliberately employing “white phosphorous”, have ensured soaring rates of leukaemia in the present Iraqui population – and Bush has a library named after him, not the criminal record and jail sentences they both deserve scumbags, all of them.
The United States as a nation will be harmed every day that a soldier dedicated to protecting the integrity of the Armed Services,like Bradley Manning, sits in prison.
THANK YOU SUSAN, WILL YOU BE AT 911 ANNIVERSARY AGAIN THIS YEAR?
If Bradley Manning does not get pardoned or released for hard time served, there will be a deterrent alright. A deterrent from ever believing we are still a nation and military of law.
Can’t we learn from the Nazi soldiers who were afraid to speak out?
I’m a Vietnam vet and Bradley Manning is far braver and more of a patriot than I ever was.
Thanks to all of you who are not rolling over and accepting the governments version of this travesty. I think the old ratio of one letter to 100 like minded people has probably expanded to at least 1000 or even 10,000.
I’m a Vietnam vet too, like many others on this website, and I agree wholeheartedly that Bradley Manning shouldn’t do 1 more day in jail. He’s already been tortured and humiliated for 3 years. Consider that in 2004, 12 American soldiers were electrocuted to death by the defective electrical wiring of Kellogg, Brown, and Root, which is a subsidiary of Dick Cheney’s Halliburton company, and not 1 employee of Kellogg, Brown, and Root ever went on trial for anything. Don’t tell me that PFC Bradley Manning did more harm to our country than an American corporation that murdered 12 American soldiers and got off Scott free.
Bradley Manning did what any soldier who has access to incriminating information should do. He shared it with the American people. I no longer trust those holding power in this country which is no longer the country I grew up in. Vietnam era war resistor.
The greatest tragedy is that a country that was once upheld as a beacon of humanitarian values is protecting the kind of actions that Bradley Manning spoke out against. I learned in school about the Nuremberg principles, and how important they were – and now they are treated as irrelevant by the US government. Yet I still hope that Bradley Manning will be vindicated.
I’m not a military person, but from what I’ve been able to figure out how it all functions, soldiers are placed in a Catch 22 situation. They are supposed to follow orders without question, but they shouldn’t follow them and commit atrocities if they believe the orders are unconstitutional/illegal or against their personal morals. In either case they can lose making split decisions that could perhaps affect the rest of their lives.
History shows that only a few dare to try to do what is right for the whole, ending up paying a huge price.
Smart Bradley, may have been a little young and dumb, but we should all be grateful for his sacrifice. I am.
One thing about this really disturbs me: astonishingly, the defence attorney called for a sentence of not more than 25 years. With defence like that, who needs a prosecution?
Bradley Manning will be the sacrificial lamb who cried wolf when he witnessed fellow soldiers massacring innocents in Iraq. His crime? Letting the American people know what our spineless media and government continues to ignore and cover up- the senseless slaughtering wars of empire that are prosecuted in our name against civilians throughout the world. Just consider one orchestrated murder, apparently ok’d by our president- the drone attack that obliterated the 16 year old son of Anwar Al-Awlaki as he simply sat in an outdoor cafe in Yemen. What evil, craven consciousness can explain such actions? Our war on terror has become a war against innocent lives, our domestic freedoms and the truth, and Bradley Manning had the rare courage to condemn such unconscionable acts of violence. The American government and military have broken countless international laws while disregarding and trashing the US Constitution, and if justice truly prevailed, those in office, from the Bush administration to Obama would be indicted and sentenced as war criminals. Would that we had a free press willing to actually bring these unrepentant liars and murderers to justice. Manning, Snowden, Assange, Greenwald, thank you.
Absolutely! My friends and family here in Australia heartily agree. (Remembering our former PM John Howard and other complicit politicians should also be indicted.)
…and Claus Count Schenk von Stauffenberg, he is a celebrated hero because he dared to assasinate his criminal highest commander. In spite of his courage or because of it?) he was sentanced with death penalty by a military judge because von Stauffenberg gave preverence to humanity than to his military sermon. The military judge in the US should take her lesson in von Stauffenberg’s case.
Manning simply exposed the crime of murder in war, not casualties of war. Obama should just man-up and let Manning go free or he himself is also ‘delighted’ in the murders of these innocents.
Well,
We all know, that the REAL fight is probably just beginning! If those sanctimonious hypocrites who are calling for PFC Manning’s burial-(in effect)-, for demonstrating exceptional valor by taking a stand against the secrecy and coverup of military atrocities
against civilians, and causing embarrassment-(only temporary, mind you)-, to the military/indistrial complex and certain employees of We the People,- whose
snarky comments about certain governmental people both here in the U.S., and in other nations,gave them all a bad case of gas for awhile-, think they are going to get away with this heinous Miscarriage of
Justice, THEY ARE WRONG !!!
This battle for Truth, Justice, and the REAL American Way, has just begun !
We shall not Cease, we shall not Rest, we shall not
Tarry in our efforts to open the floodgates of public
outrage, and focus this righteous force upon the ultimate triumph, which shall be heralded by the
attainment of freedom for PFC Bradley Manning !
Emergency Rally After Private Bradley Manning Sentence
Boston
Place: Park Street T Station
Time: 5:00 PM
Day: Wednesday, August 21 (This is the assumed day the sentence will be handed down)
If the sentence does not happen on Wednesday a notice will be sent around.
The Bradley Manning Support Network has called for supportive rallies around the country the day of the sentencing.
Please come and participate. Please bring your VFP flags. There will be plenty of Bradley Manning signs.
The message is simple: “President Obama Pardon Bradley Manning Now”
Indians were slautered, Blacks were slautered here in America, Persons are put in Jails on small crimes that are not the biggest crimes to help out the prison system comglomerates pad their pockets, now the children get no Headstart, if we would just pay attention and look at the history of where this country is going and especially how our Whistlblowers are telling us what is happening we would have voted differently, but I think alot of persons voted for Obama cause he was black and thought, gee he will turn our country for the good since he was black. Yes he has turned the country backwards, and I really never heard of him before ,seemed like he stepped up out of the Blue Younder.How could he except an Honor ??? For What I still do not know, and still no birth certificate ,that is shouved down our throats.I don,t see any politicians explaining or Congress except good Trump. Bradley Manning is my Hero, I would never have known the truth,except wandering what is going on in this country, war after war, with no real war except for the truth and pictures and a true Hero Bradley is . What kind of gov. lets our men in America go to a war, which is not a war to be slaughtered, and other humans we slaughtered and bring the little boy home who told the truth and lock him up forever, this is like a family locking their son up for 60 yrs in their home in a room , but before that torturing him for 3 yrs , naked , abused, would our neighbors care or the police? What would we do , stand down? I would not nor would my neighbors, we will fight the gov. for Bradley no matter how long the fight, we have morals like Bradley , You the gov, will not betray us no more, stand down, as WE THE PEOPLE will come after you with our Knowledge as what you have been doing to us with out us you have no government , we will not vote for hipocrites and liars, and comglomerates who pad their pockets, You have saved us Bradley , Snowden , and all whistle blowers, Let Bradley Go. Stand up for your FREEDOM couwards or you will be in Prison next. Bradley is a Miracle of a Hero for our Country, he is smart, Courageous, all military stand up for him give a big SHout OUT , let it ring around the world, .
I wrote a book about this: IN SEARCH OF YESTERDAY, published on Amazon.com – it is being blocked by the Government for the same reason: because I “talk too much”…
Bradley has become a Martyr. He never wanted to be a martyr. And still, a ray of hope: Judge Lind has her legacy to consider. If this woman has any conscience, which she will have to live with long after her sentence is pronounced, she will shake in her shoes, and do the right thing by our Bradley.
I pray that the sentence will be no more than 25 years, with appeal.
Aristotle said “Law is reason, free from passion”.
Issuing especially harsh sentences in order to make examples of people is common and accepted practice in crimes against the state, but it is reason tainted by the passion for revenge and is therefore in violation of Aristotle’s principle and the rule of law.
If Denise Lind and many US judges understand that but do it anyway, they are corrupt. If they don’t understand it, they are incompetent. Either way, they should be removed from the bench.
Please remember The White Rose:
http://www.historyisaweapon.com/defcon1/whiterose.html
Manning Trial, ART. 37. Unlawfully Influencing Action Of Court
~
Dear Commanders of Our Armed Forces,
Chairman of the Joint Chiefs Gen Martin E. Dempsey.
Major General Jeffery S. Buchanan Convening Authority for Bradley Manning’s Court Martial,
The Commander In Chief of our National Defense Forces, President Barack Hussein Obama II, your CIC, has openly stated during Bradley Manning’s confinement for trial that he is Guilty.
UCMJ ART. 37. Unlawfully Influencing Action Of Court
Talking to you General Class Commanders these days is a Top Secret America JSOC death sentence for our children too. Been hit hit hit, defenseless and wretchedly sick of it for years thus I’ve nothing to lose to begin with in our present unlawful state. I am though ruled by principle so in speaking out to you here on this direly urgent matter I am for my part carrying out what I consider my Duty as a Veteran and a natural citizen soldier of our true Constitutional National Defense Force, We the People. What we have here as this Bradley Manning Trial is outrageous, what you do here will define you. Better look in the mirror…
Bobby Baxter HCVeteran & Marihuana Felon
United States Army Security Agency 69-72
Founder Alternative Energy Systems SV.74
~~~*~~~
UCMJ ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to
(1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or
(2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.
CC:
Chairman of the Joint Chiefs of Staff General Martin Dempsey, United States Army
Maj. Gen. Buchanan at [email protected]
Adrienne Combs, Deputy Officer Public Affairs (202) 685-2900 [email protected]
Col. Michelle Martin-Hing, Public Affairs Officer (202) 685-4899 [email protected]
https://www.facebook.com/BobbyBaxterHCVeteranMarihuanaFelon/posts/10151613608857901
Attachments:
The venues I have to communicate this variously may or may not allow attachments so where possible I’ve also provided here the web information to view them in such cases.
- Why I Don’t Want To Be A West Point Graduate.docx
http://www.informationclearinghouse.info/article33233.htm#idc-cover
bobjbax comment
- I Am Bradley Manning Post.jpg
http://iam.bradleymanning.org
- What Snowden Said.doc
http://readersupportednews.org/opinion2/277-75/17880-focus-what-snowden-said
bobjbax comment
- PrezExec Osama, Guarantee Edward Snowden Due Process, ACLU Action 22Jun13.jpg
- 24July13 Letter To Prez Obama Defending Julian Assange, Bradley Manning, Edward Snowden.doc
http://[email protected]
Dear Mister President,
It is not Julian Assange, Bradley Manning, Edward Snowden and many others who are those guilty of Aiding The Enemy.
It is rather those whose history this criminal delusion has always been and which through generations has come to squat nearly every seat of our government to Torture, Murder, Enslave U.S. all, the entire world. These have slowly spun their illusions into our nation’s minds such that we are now perilously foundered in their calculated delusion. By it we are enveloped in unreality, betrayal at every turn, no step we make upon our own lands is now sure or safe.
You as we must act decisively against this for the safety of all, you are the Commander in Chief of our legitimate National Defense Forces.
It is deception that is the dark roots of enslavement.
It is only in truth that we become and we remain free.
A deceiver is a slaver, their prey is every one of us.
Our Courts have lost their way, and are themselves become Crimes.
aiding the enemy, are we to find treason in our highest house
Seek the Truth Live by It Be Free
Bobby Baxter HCVeteran & Marihuana Felon
United States Army Security Agency 69-72
Founder Alternative Energy Systems SV.74
~~~*~~~
The United States Uniform Code of Military Justice
UCMJ 809.ART.90 (20)
“..duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders,..”
“..especially if those orders are in direct violation of the Constitution and the UCMJ.”
“..In each case, military personnel have an obligation and a duty to only obey Lawful orders and indeed have an obligation to disobey Unlawful orders, including orders by the president that do not comply with the UCMJ. ..”
UCMJ § 904. Art. 104. Aiding the enemy
Any person who -
(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or
(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct.
- UCMJ ART. 37. Unlawfully Influencing Action Of Court.jpg
- Dennis Kucinich – Dealing With DoD Regarding Pfc Bradley Manning Has Been Kafkaesque.doc [Post Script of sole surviving Comment 16 April 2011] http://truthout.org/my-experience-dealing-department-defense-regarding-pfc-manning-has-been-kafkaesque/1302764400#comment-344
Post Script: “..the US military unveiled 22 additional charges against Manning including the serious offense of ‘aiding the enemy,’ which carries a potential death sentence. But the army said he would face possible life in prison.” Let me just ‘unveil’ this to these goose stepping military boner heads. You are not above the law. Your duty, first and foremost, is to uphold and defend our Constitution. You swore that oath, and misapplying the UCMJ to these present odious ends certainly puts you in the dock under those very charges with many million others in this beleaguered nation. Not the way around you are trying to deceive upon U.S. and our fellow citizens trapped in your ‘service’. You are not honoring your oath, you are the betrayers of it, of U.S., all life. You are a mutiny ‘aiding the enemy’ which those beneath you in rank and authority there transcend and by lawful duty must end. The enemy.. is the enemy within.. not the poor folks you are torturing, robbing, and murdering all through our world. And right here at home.
Manning Trial, ART. 37. Unlawfully Influencing Action Of Court
~
Dear Commanders of Our Armed Forces,
Chairman of the Joint Chiefs Gen Martin E. Dempsey.
Major General Jeffery S. Buchanan Convening Authority for Bradley Manning’s Court Martial,
The Commander In Chief of our National Defense Forces, President Barack Hussein Obama II, your CIC, has openly stated during Bradley Manning’s confinement for trial that he is Guilty.
UCMJ ART. 37. Unlawfully Influencing Action Of Court
Talking to you General Class Commanders these days is a Top Secret America JSOC death sentence for our children too. Been hit hit hit, defenseless and wretchedly sick of it for years thus I’ve nothing to lose to begin with in our present unlawful state. I am though ruled by principle so in speaking out to you here on this direly urgent matter I am for my part carrying out what I consider my Duty as a Veteran and a natural citizen soldier of our true Constitutional National Defense Force, We the People. What we have here as this Bradley Manning Trial is outrageous, what you do here will define you. Better look in the mirror…
Bobby Baxter HCVeteran & Marihuana Felon
United States Army Security Agency 69-72
Founder Alternative Energy Systems SV.74
~~~*~~~
UCMJ ART. 37. UNLAWFULLY INFLUENCING ACTION OF COURT
(a) No authority convening a general, special, or summary court-martial, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercises of its or his functions in the conduct of the proceedings. No person subject to this chapter may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to his judicial acts. The foregoing provisions of the subsection shall not apply with respect to
(1) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or
(2) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel.
(b) In the preparation of an effectiveness, fitness, or efficiency report on any other report or document used in whole or in part for the purpose of determining whether a member of the armed forces is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the armed forces or in determining whether a member of the armed forces should be retained on active duty, no person subject to this chapter may, in preparing any such report (1) consider or evaluate the performance of duty of any such member, as counsel, represented any accused before a court-martial.
CC:
Chairman of the Joint Chiefs of Staff General Martin Dempsey, United States Army
Maj. Gen. Buchanan at [email protected]
Adrienne Combs, Deputy Officer Public Affairs (202) 685-2900 [email protected]
Col. Michelle Martin-Hing, Public Affairs Officer (202) 685-4899 [email protected]
https://www.facebook.com/BobbyBaxterHCVeteranMarihuanaFelon/posts/10151613608857901
I have reservations about the statement in the otherwise usually excellent reporting by Nathan Fuller that Master Sgt. Paul Adkins “did nothing to help Manning.” I understand that Atty. Coombs was making the case that the military was in large measure responsible for Manning’s whistleblowing by way of its ignoring his extreme stress levels. I’m uncomfortable, however, that the brunt of the blame assigned explicitly in court seemed to fall on Manning’s immediate supervisor, a non-com, Adkins, and not at all on Capt. Lind, the unit’s commander, who was described by more than one witness as an exemplary officer. (The idea that the deplorable aggression of an imperialist army fighting an unpopular war and offering no channels of redress to dissenters is ultimately “responsible” received no direct play in court. Not being familiar with military tribunals, I reserve judgment on that issue. Atty. Coombs seems a personable, compassionate, conscientious, very able and meticulously prepared atty.; he does not have General Smedley Butler’s views on the US military, however. Moreover, he’s served in Iraq, he’s been a military prosecutor and trained as a military judge, and he is currently in the Reserves. He may well have a blindspot, given his background; then, again, he may be spot-on in almost every aspect of his defense of Manning. I do not presume to say.)
Staff Sgt. Adkins testified that he saw Manning as very sensitive and nervous and “not suited to military life.” Adkins described himself, at least by inference, as being motivated by two concerns in his supervision of Manning. The first concern was to keep Manning at work in the unit, which was operating at 2/3 its required strength. The second concern was to help Manning, as Adkins said he had others in trying circumstances, to get through the year remaining on his term of service without losing his security clearance and causing himself possibly irreparable damage in seeking future employment through losing his clearance in the military or through possibly questionable discharge circumstances.
Adkins was not a congenial person on the stand. He spoke slowly at times, almost as though he were in passive-agressive mode, he wasn’t articulate, and he was borderline offensive when he referred with what seemed to be a tinge of disparagement to Manning’s being “in drag” in a photo Manning had sent to Adkins. Moreover, his failure to send Manning in for immediate emergency psychiatric help when he found Manning lying in a fetal position on a warehousse room floor near a knife he’d used to carve words in the linoleum seemed an almost unfathomable lapse in judgment.
When Adkins described his attempts to “help” Manning get through the year, which entailed Adkins’ writing lengthy, detailed analyses of Manning’s symptoms to the psychologists to whom Adkins referred Manning, it was easy for many to picture Adkins as being co-dependent, power-tripping, etc., rather than having a sincere concern about the younger man in his charge.
However,to those of us who have had experience with relatives or friends who have suffered severe mental health problems at times in their lives, or to those of us trying to shepherd troubled students through a bureaucratic, callous school systems, the dilemma facing Adkins was a genuine one. Moreover, it is common to rationalize one’s actions if one has sufficient incentive to do so. In Adkins’ case, pressure from above to keep up the numbers of competent workers in his dept. and not to appear to lose control of personnel under him my have been overwhelming. Or he may just have been too insecure or too ambitious to be able to admit that a problem was beyond him.
Manning approached Adkins, who was unfamiliar with gender dysphoria, by writing him a piteous letter describing his misery over not feeling he was a person at all and not knowing what to do or say or how to get assistance. The letter was accompanied by a portrait photo of Manning dressed as a woman. Adkins said he did not want to report the revelation to his command because he feared that the photo would make the rounds of the unit’s top brass (and filter down, of course). He said it would be bad for morale in the unit if it got out that Manning had such issues. Adkins did not say so, but it’s also entirely plausible that he may well have feared that Manning, in a fragile state anyway, would just be subjected to more intense ridicule and rejection that he already reported he was feeling.
Adkins also reported that Manning, all the while he was manifesting signs of increased disturbance, including actions that prompted fellow soldiers to restrain him in one instance from allegedly moving toward weapons, was continuing to put out “good product.” It seems at least plausible that Adkins saw that activity as an indication that Manning could pull through for the coming year with a little sympathetic support and cover from his supervisor.
Moreover, Adkins may well have feared taking away from Manning the one source of esteem and enjoyment that he seemsd to have by his own account. Adkins did spend an hour talking to Manning when he was found in the warehouse, and Adkins was apparently accessible enough and had shown enough empathy that it was to Adkins that Manning was able to reveal his gender identity torment (under conditions of “don’t ask, don’t tell”).
One military psychologists commented that he was surprised and mystified that Adkins had submitted along with his referral of Manning notes that constituted almost a case study of the young soldier. Without being explicit, perhaps in order not to compromise Manning in print, Adkins’ passages (shown in court) contain phrases about Manning’s having a far deeper problem than might be immediately apparent. To me and to some others, Adkins’ effort to make sure Manning’s issues were taken seriously by the military psychologiets was clear.
One of the psychologists testified that there is no treatment in the military for Manning, because the treatment would take the form of helping him to adjust to his gender identity and perhaps gender transition. Since that course of treatment was impossible, especially under repressive military law, nothing could be done for Manning in that regard. Adkins surely knew this.
To report Manning to the higher-ups, when there was a shred of a chance to nursemaid him through his one remaining year, could have seemed a great cruelty to Adkins.
A few of the courtroom spectators approached Adkins in the PX after his testiimony to express our recognition that he seemed to have been between a rock and a hard place. I noted that I would have referred Manning for emergency help when he was found on the warehous floor with a knife carving linoleum up, but I also said I could see that Adkins may well have been doing his best in a military unit where the wondrous Capt. Lind put such pressure on his subordinates that they would feel compelled perhaps to overestimate their soldiers’ fitness to continue service.
When Capt. Lind did learn of Manning’s condition, he issued a letter of reprimand to Adkins, who later was demoted. Capt. Lind took this action before Manning was known to be the leak. Adkins was made to read the letter of reprimand regarding his “inefficiency” at the beginning of his testimony on the stand. Atty. Coombs, a major in the Reserves, asked him more than once later in his testimony, how he could possibly have thought he had the judgment to keep Manning working under him instead of deferring to Command and revealing what he knew of Manning’s behavior.
Some of us had a somewhat different question.
I really admire Bradley Manning for his bravery. I hope Obama in his compassion will pardon Bradley Manning.