US Government Aims To Protect Secrecy In Bradley Manning’s Court Martial - FDL

[WillyT]

US Government Aims to Protect Secrecy in Bradley Manning’s Court Martial
By: Kevin Gosztola - FDL
Friday March 30, 2012 7:51 pm


Manning & his defense team at the Article 32 hearing (Courtroom sketch by Sgt. Shawn Sales)

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The defense for Pfc. Bradley Manning, the soldier accused of releasing classified information to WikiLeaks, has tried to put a halt to secrecy in Manning’s court martial proceedings by making court filings available to the public and the press. The government, however, remains opposed to efforts to make the proceedings more transparent. And now, as the defense moves to address concerns that the proceedings are happening in secret, the government plans to interfere with the defense’s release of its filings and force the defense to make redactions.

Manning’s defense lawyer David Coombs reports in an update:

Our office has received several inquires regarding access to court filings by the parties. The Reporters Committee for Freedom of the Press and the Center for Constitutional Rights have both submitted letters indicating that the public is not adequately being informed of the proceedings. Each organization has stated that the lack of accessibility to court filings promotes the perception that issues are being decided behind closed doors. The organizations also believe the lack of transparency undercuts the public’s confidence in the fairness of the military justice system.

The Defense, in an effort to address the above concern, has requested authority to publish its motions and the Government’s responses on our website. The Government has opposed this request. The Court has issued an Interim Order that the Defense may publish appropriately redacted versions of its motions, but only after the Government is provided with an opportunity to review the redacted filings and raise any objection with the Court.

The update then adds the defense is redacting motions filed on March 16 during a two-day motion hearing and motions more recently filed on March 29 and 30 (one of them includes a motion to dismiss the “aiding the enemy” charge). These “redacted motions” are to be submitted to the court and government on April 2. The government will have until April 17 to object to the “redacted filings.” If objections cannot be resolved, the filings will not be released and the matter will be deliberated during the next hearing that is scheduled for April 24-26.

The Reporters Committee for Freedom of the Press (RCFP) sent their letter requesting the US Defense Department grant the press access to court filings on March 12. The Center for Constitutional Rights (CCR) sent their letter demanding access on March 22. Eighteen days later, the Defense Department and the government still refuse to make all filings available to the press and public, as should be done in a public trial.

CCR President Emeritus Michael Ratner notes the list of motions from March 16 that are going to be redacted. “You and I sat in court and heard most of this stuff,” he tells me. “Why can’t we see the motions? We heard them making the motions?” Why are they going through a process of redaction? It isn’t like they are classified. <Note: Here is my coverage of the motion hearing: http://dissenter.firedoglake.com/tag/motion-hearing/ >

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Update: Not only does the military and government wish to keep court filings secret, it refuses to keep the press and public updated on Manning’s location.

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Thus, the US has a military that is committed to secrecy in the court martial process and keeping Pfc. Bradley Manning in secret detention.

Much More: http://dissenter.firedoglake.com/2012/03/30/us-government-aims-to-protect-secrecy-in-bradley-manning-court-martial-proceedings/#comments

[Rex]

1. This is what happens when you have a MIC

that is so use to just torturing the shit out of prisoners that they have no idea what to do with this one imo. They cannot just off him to Syria, can't just execute him, without a doubt don't want him on trial around other living people.

What is a tyrant like the MIC to do...they are use to summary executions, this is new ground and they are desperate to make the whole thing go away and get back to starting wars like the good Lord intended.

[msanthrope]

3. You think the Army has no idea what to do with Mr. Manning?

I think the Army and the DOJ have very specific plans for him.

[Rex]

5. I don't think they know what to do with the situation.

With him, yeah, I can imagine what they want to do with Manning.

[msanthrope]

7. Oh, I think you are mistaken. Capt. Fein seems quite able. nt

[msanthrope]

2. Your OP contains a pretty serious inaccuracy from FDL---please edit, per below.

With regards to Mr. Manning's location, it took me all of 10 seconds to find it.....

Confinement Location
I have had several inquires regarding the current confinement conditions and location for PFC Manning. PFC Manning will be confined at Fort Leavenworth until the next Article 39 hearing. He is doing well and wishes to thank his supporters for their continued interest in his case.

To avoid switching the mailing address every few weeks, mail should continue to be sent to him at the unit address:

Commander,
HHC USAG Attn: PFC Manning
239 Sheridan Ave, Bldg 417
JBM-HH, VA 22211

All mail sent to this address will be routed to PFC Manning.

http://www.armycourtmartialdefense.info/2012/03/confinement-location.html

Now, while I expect this sort of foolishness and misreporting from the Hamster's website, I'd like to think that DUer's are capable of using the Google.

[WillyT]

4. And You Need To Be More Cynical About The Powers That Be...

Read the ENTIRE Update at FDL... click on the links...

Here are two of them:

In a blog post, Coombs writes, “PFC Manning will be confined at Fort Leavenworth until the next Article 39 hearing. He is doing well and wishes to thank his supporters for their continued interest in his case.”

But that same day, the military wrote to me to say, “The facility is not disclosed for the personal security of Pfc. Manning.” If Manning is back at Ft. Leavenworth again, why won’t the military disclose that information this time? If the military is referring to the confinement facility Manning was held in during the courtroom proceedings, what potential risks to his security are present that weren’t present at other facilities? The military won’t answer these questions.

Link: http://www.bradleymanning.org/news/military-keeps-bradley-mannings-location-secret

After his arrest in Iraq in August 2010, Manning was held at the Quantico prison for eight months, where a UN official said he was subjected to "cruel, inhumane and degrading treatment" during his solitary confinement.

But Ernesto Juan Mendez, UN special rapporteur on torture, said the alleged mistreatment ended when he was transferred in April to the Fort Leavenworth, Kansas penitentiary.

Manning is now being detained at an undisclosed location close to Fort Meade but not on the base, a military source said.

Link: http://www.google.com/hostednews/afp/article/ALeqM5hHx8WgkPlztJ-4djkDzo0YjJU_hA?docId=CNG.803594f3e58a026a9e4a29eb6537b520.2f1

[msanthrope]

6. Are you seriously suggesting the defense attorney is lying or doesn't know where his client is?

If his current location was 'secret' then the defense attorney would be enjoined from telling you his whereabouts. But he's not.

He's in Leavenworth. When and if he's moved, if his attorney thinks it's relevant for the Internets to know, then I'm sure he will spill.

Otherwise, the military is under no obligation to let anyone outside of counsel or family know the particulars of pre-trial prisoner movements.

[WillyT]

8. Yes...