US Government Aims To Protect Secrecy In Bradley Manning’s Court Martial - FDL [View all]

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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