• Military Court Ruling to Have Impact on Bradley Manning?

    July 5, 2013

    Tags: , , , ,
    Posted in: Democracy, Iraq




    A decision by the Court of Appeals for the Armed Forces, the military’s highest court, overturning a Marine’s murder conviction based on violations of the Fifth Amendment, may have positive implications for Bradley Manning. The Court held that the Marine’s being held in solitary confinement for seven days without access to a lawyer, after refusing to incriminate himself, made his subsequent statements invalid as his Fifth Amendment rights were violated. The technicalities differ, but the similarity between that Marine’s situation and Manning’s may prove significant.

    The facts in Marine Lawrence Hutchins’ case are clear. On patrol in Iraq in 2006, Hutchins ordered his squad to kidnap and execute in cold blood an Iraqi civilian, and then make it look like they had ambushed a high-value insurgent in a “good shoot.” The squad would be praised for its work in the war on terror. The truth came out, and Hutchins was arrested in Iraq. After he refused to talk to investigators and asked for a lawyer, Hutchins was instead locked into a shipping container for seven days and nights, denied the chance to contact a lawyer, and held under mind-numbing solitary conditions. After seven days of this, and still without a lawyer, Hutchins was asked to consent to a search of his belongings, and started to incriminate himself.


    The Court of Appeals ruled that Hutchin’s Fifth Amendment rights were stomped upon when the investigators, after a seven day solitary confinement softening up, spoke to him again with a lawyer.


    Former Navy officer David Glazier, now a professor at Loyola Law School in Los Angeles, said “Here this guy’s conviction is overturned on the basis that he was mistreated by the government during his initial apprehension, and yet he’s already served five years in prison. If the conviction was unjust in the first place, it’s kind of appalling it’s taken the military justice system five years to resolve it.”

    That leaves us with the question of Private Manning. The military held him for three years, much of the time without a lawyer, much of the time under overtly inhumane conditions. While we don’t know what statements Manning did or did not make prior to seeing a lawyer, or at what point if any he invoked his Fifth Amendment rights, one would think his current attorney would be reading the Hutchins’ decision word-by-word today.

    And hey, Bradley Manning did not murder anyone.

    BONUS: Whistleblower Jesslyn Radack’s firing from the Department of Justice was based in large part on her assertions that the so-called American Taliban, John Walker Lindh, was held under inhuman conditions, interrogated without a lawyer even after he requested one, and thus denied his Fifth Amendment rights. DOJ fired her, and threw Lindh and most of the Constitution into prison.



    Related Articles:




    Copyright © 2019. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.

    Facebooktwittergoogle_plusredditpinterestlinkedin
  • Recent Comments

    • meloveconsullongtime said...

      1

      Strictly speaking there seem to be applicable similiarties to Manning’s case, but if I were Manning’s lawyer I’d cite this one as a secondary or tertiary argument, in order not to distract from the main outrage of Manning being imprisoned without charges for three years. The latter argument shouldn’t really even need any case law to back it up, just a simple restatement of the Sixth Amendment.

      I mean it’s a farce that Manning should need any sophisticated legal arguments at all. To do so is to answer his persecutors’ deviousness on their own terms, although practically speaking his lawyer has no choice but to do so.

      By the way, the tortuous “legal” arguments for his, and others’ “preventive detention” is reminiscent of a provision in Stalin’s criminal code, a subsection of Article 58 (anti-Soviet activities, the main one the fed the Gulag), titled, “Suspicion of Espionage”. In Stalin’s Russia you could go to prison for years for “SUSPICION” of espionage, in other words “preventive detention” with the fig leaf of a trial first.

      07/5/13 2:54 PM | Comment Link

    • meloveconsullongtime said...

      2

      By the way, around 30 years ago when I was a college student, I personally met one of the surviving members of Sophie Scholl’s “White Rose”, the group of university students who had resisted the Third Reich mainly by calling for the war to end. As a lesser member of the White Rose he had gone to a prison instead of being beheaded like Sophie Scholl was.

      Now I remember, after meeting him and hearing his stories – after which he asked, “What does this sound like to you? Something in a far away place long ago, which could never happen in America?” – then I went to the gym and had a long hot refreshing shower, during which I wondered, “COULD it ever happen in America, in my lifetime? Imprisonment without trial for political dissidence? Torture?”

      And now it has.

      07/5/13 3:05 PM | Comment Link

    • meloveconsullongtime said...

      3

      Marginally relevant digression: I see the hot (although too skinny) Russian spy Anna Chapman has proposed marriage to Edward Snowden. She proposed to him by Twitter, presumably because the FSB were beginning to worry about Russian women losing their reputation as predatory vulgarians whose style of seduction is analogous to cleaning teeth with an ice pick – in other words just like American women but smarter and better looking. (I’ll give Anna Chapman two points for her wit, on this one.)

      At any rate, if I were in Snowden’s position, my reply to Anna Chapman would be, “Okay, but just as long as you know this won’t get you an American passport.”

      07/5/13 4:20 PM | Comment Link

    • Lafcadio said...

      4

      State sent cables to about 40 Embassy’s in the past couple of days, all of them asking the host country to extrdite Snowden.

      The machine is desparate and raging. . .

      07/5/13 11:55 PM | Comment Link

    • Eric Hodgdon said...

      5

      @meloveconsullongtime

      Showers do wonders when decisions must be made. Also a good satisfying defecation works too. It must be that precious ‘quality’ alone time.

      07/6/13 6:52 AM | Comment Link

    • meloveconsullongtime said...

      6

      Hodgdon, don’t be an ass. A good shower is in contrast to how your government treats its political prisoners.

      07/6/13 2:21 PM | Comment Link

    • meloveconsullongtime said...

      7

      I see more State Department drones are ramping up the attempts at intimidation. Evidently you guys don’t like having your whoremongering exposed, particularly when your wives find out.

      07/6/13 2:26 PM | Comment Link

    • pitchfork said...

      8

      Wow melove..just wow! Do you rent your brain out?:)

      btw..what does your moniker refer to?…er..nevermind..I think I get it.

      ok,

      quote:”The machine is desparate and raging. . .”unquote

      Massive understatement. We are witness to a USG meltdown of biblical proportions. Especially after Russel Tice’s revelations.

      http://www.corbettreport.com/compromised-how-the-national-security-state-blackmails-the-government/

      The MSM are going bat ass crazy trying to suppress this fucker. whudda thunk? I bet heads are exploding exponentially in WDC. Meanwhile, business as usual in the U.S Policestate

      https://www.courthousenews.com/2013/07/03/59061.htm

      And here we thought it couldn’t happen here..right. In melove’s words…

      And now it has.

      Now, excuse me while I load.

      07/6/13 4:54 PM | Comment Link

    • Eric Hodgdon said...

      9

      @meloveconsullongtime
      You’re the ass my friend, and I don’t have a government.

      07/7/13 2:19 PM | Comment Link

    Leave A Comment

    Mail (will not be published) (required)