Update 1/24/12: Rules of American Justice, understanding the military court martial process
Free Bradley Manning demonstration in Germany. 1/21/12.
War on Whistleblowers
Several political writers have opined on the stark contrasts in yesterday’s news. Sgt. Wuterich, who ordered the killing of 24 unarmed Iraqi civilians, received a plea deal that would give him up to a maximum of 3 months in jail; meanwhile, the DoJ charged former CIA analyst John Kiriakou with four felony counts for allegedly disclosing information about United States torture.
Salon’s Glenn Greenwald summed up the lessons learned from these events:
The Rules of American Justice are quite clear:
(1) If you are a high-ranking government official who commits war crimes, you will receive full-scale immunity, both civil and criminal, and will have the American President demand that all citizens Look Forward, Not Backward.
(2) If you are a low-ranking member of the military, you will receive relatively trivial punishments in order to protect higher-ranking officials and cast the appearance of accountability.
(3) If you are a victim of American war crimes, you are a non-person with no legal rights or even any entitlement to see the inside of a courtroom.
(4) If you talk publicly about any of these war crimes, you have committed the Gravest Crime — you are guilty of espionage – and will have the full weight of the American criminal justice system come crashing down upon you.
FireDogLake’s David Dayen summarized similarly:
Just to recap the last 24 hours in the rule of law: if you order the massacre a village of Iraqis, you will get your charges reduced to “dereliction of duty” and get sentenced to no more than three months confinement. Furthermore, the rest of your colleagues that participated in the incident will not serve any jail time. By contrast, if you blow the whistle on the torture of a terrorist suspect, you will go to jail, at least if the government has its way.
Greenwald’s article, along with many people on Twitter, also contrasted Bradley Manning’s treatment. While Sgt. Wuterich will get a couple mere months in prison, Pfc. Manning could face the rest of his life in jail, not to mention the 20 months he’s already been imprisoned, or the 10 he spent in psychologically torturous solitary confinement.
Legal Questions Answered
Salon’s Justin Elliott answers some frequently asked questions about Bradley Manning’s all-but-confirmed upcoming court martial trial. Whether it does move to trial with all charges still rests with Major General Michael Linnington, but Elliott explains the process anyway.
Elliott covers how the judge and jury are selected, potential sentencing, and the possibility of appeals. The full article is here.
Other News
Occupy Long Beach held a Free Bradley Manning rally on Sunday. In attendance were some members of Military Families Speak Out, families of soldiers who are against the wars. “We do need to know the real cost of war,” said Pat Alviso, mother of a four-tour Iraq soldier. “If releasing those documents is what it takes, then you have to do the right thing.”
On Saturday, a 100 person Free Bradley Manning took place in Berlin, Germany. Photos from the event are available here.
This will be a true test of the military ‘intelligence’ in this country – IF there is any.
How any leader of soldiers in his right mind would consider incarceration for life let alone a charge that carries a ‘capital punishment’…leaves me speechless.
Manning warned repeatedly and was ignored by those accountable…the whole chain of command starting w/Mannings Sgt through Linnington to obama appear incredibly incompetent to me. It’s NOT a question of their ability to think & determine independently…it’s their unwillingness to ABIDE BY THE LAW(S) and confirm their criminal ‘gestalt’ that soldiers & civlians are disposable. What has this country come to?!