Dec 9, 2013
If You Love Pfc. Manning, Help Set Her Free
Posted on Aug 22, 2013
By Bill Blum
Now that Chelsea (formerly Bradley) Manning has been sentenced to serve 35 years behind bars, her backers face the very practical question of how they can best continue their support and show their love for the diminutive, bespectacled 25-year-old soldier whose cause they have so long championed. The answer may seem like a no-brainer, but in truth it’s only partly so.
The no-brainer aspect is that Manning needs political, legal, monetary and moral support as much if not more than ever. According to Elizabeth Goitein, co-director of the Brennan Center for Justice’s Liberty and National Security Program, the prison term handed down by military judge Col. Denise Lind was “dramatically longer than the longest sentence ever [imposed] for disclosing classified information to the media. ...” The government meant to make a cruel example of Manning, and by any standard of decency it has.
Under military law, Manning will be confined at the United States Disciplinary Barracks in Fort Leavenworth, Kan. Once there, as reported by Reuters, she’ll face years of monotony, housed as a man in a tiny cell appointed with a bed, toilet and desk. She’ll be permitted to read a limited number of preapproved library books but will be deprived of Internet access, although she’ll be allowed to use an electronic word processor for typing and mailing communications to the outside world.
Day by day, she’ll be assigned to tightly structured work details doing chores like catering, laundry, cleaning and yard maintenance. And while Leavenworth is generally regarded as safer than many civilian prisons, some inmates, according to Reuters, have described the environment as a “tinderbox” where tempers often flare. In short, until her ultimate release, Manning’s existence will be only slightly better than a living hell.
That brings me to the second and less obvious aspect of the future support she will need. With her trial in the rearview mirror, Manning could benefit from a tactical pivot by at least some of her ardent supporters, redirecting their efforts to doing whatever is practically necessary to secure her release from prison rather than simply promoting her case as a vehicle for fighting the wider and very dangerous crackdown on whistle-blowers.
A good way to begin the pivot would be to review the final argument made by David Coombs, Manning’s very able civilian lawyer, at her sentencing hearing. As Coombs told Lind, the “over-generalizations” about Manning in the press and at times in court as either a traitor or a super-hero ignored the multifaceted and vulnerable person Manning actually is.
Without abandoning his defense of Manning as a whistle-blower, Coombs portrayed his client as very intelligent and caring but also damaged and confused, and subject to extraordinary stress as a result of a highly troubled upbringing, gender-identity issues and her combat deployment to Iraq. Manning echoed many of the same themes in a personal statement to the court, accepting responsibility for her actions and even apologizing for any harm that her release of classified documents may have caused.
Coombs’ approach was both standard practice for a defense attorney attempting to humanize his client and mitigate punishment at the conclusion of a long trial and a preface to the legal and political work that remains to be done post-trial on Manning’s behalf. In the coming weeks, Coombs will begin the long process of seeking a presidential pardon and clemency from military authorities, preparing a series of legal appeals, and failing such remedies, pursuing parole. He’ll also represent Manning in her efforts to obtain gender-reassignment treatment while in prison.
It’s always possible that some of Manning’s convictions will be reversed on appeal, but she was found guilty of no less than 20 offenses, including six violations of the Espionage Act. She also pleaded guilty to 10 lesser offenses, which will not be subject to appellate review and by themselves carry a potential prison term of 20 years. Given President Obama’s dismal record on pardons, it’s also unlikely that Manning will achieve any success in that department.
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