Why
Bradley Manning Is a Patriot, Not a Criminal
by
Tom Engelhardt and Chase
Madar
Recently
by Tom Engelhardt: Pox
Americana
The Obama administration
came into office proclaiming "sunshine"
policies. When some of the U.S. government's dirty laundry
was laid out in the bright light of day by WikiLeaks, however, its
officials responded in a knee-jerk, punitive manner in the case
of Bradley Manning, now in extreme
isolation in a Marine brig in Quantico, Virginia. The
urge of the Obama administration and the U.S. military to break
his will, to crush
him, is unsettling, to say the least. Whatever happens
to Julian Assange or WikiLeaks, Washington is clearly intent
on destroying this young Army private and then putting him away
until hell freezes over.
It should not
be this way.
Today, thanks
to lawyer and essayist Chase Madar, TomDispatch is making a long-planned
gesture towards Manning, whose acts, aimed at revealing the worst
this country had to offer in recent years, will someday make him
a genuine American hero but that's undoubtedly little consolation
to him now. When it comes to America's recent wars, its torture
regimes, black
sites, and extraordinary
renditions, as well as the death
and destruction visited
on distant lands, blood is
on many official American hands, but not on Manning's.
Those officials should be held accountable, not him.
With that in
mind, TomDispatch offers its version of the defense of Bradley Manning.
(To catch Timothy MacBain's latest TomCast video interview in which
Chase Madar explores Manning's case and his defense, click here,
or download it to your iPod here.)
Tom
An
Opening Statement for the Defense of Private Manning
By Chase Madar
Bradley Manning,
a 23-year-old from Crescent, Oklahoma, enlisted in the U.S. military
in 2007 to give something back to his country and, he hoped, the
world.
For the past
seven months, Army Private First Class Manning has been held in
solitary confinement in the Marine Corps brig in Quantico, Virginia.
Twenty-five
thousand other Americans are also in prolonged solitary confinement,
but the conditions of Manning's pre-trial detention have been sufficiently
brutal for the United Nation's Special Rapporteur on Torture
to announce
an investigation.
Pfc. Manning
is alleged to have obtained documents, both classified and unclassified,
from the Department of Defense and the State Department via the
Internet and provided them to WikiLeaks. (That "alleged"
is important because the federal informant who fingered Manning,
Adrian Lamo, is a felon
convicted of computer-hacking crimes. He was also involuntarily
committed to a psychiatric institution in the month before he
levelled his accusation. All of this makes him a less than
reliable witness.) At any rate, the records allegedly downloaded
by Manning revealed clear instances of war crimes committed by U.S.
troops in Iraq
and Afghanistan,
widespread torture committed
by the Iraqi authorities with the full knowledge of the U.S. military,
previously unknown estimates of the number of Iraqi civilians killed
at U.S. military checkpoints, and the massive Iraqi civilian
death toll caused by the American invasion.
For bringing
to light this critical but long-suppressed information, Pfc. Manning
has been treated not as a whistleblower, but as a criminal and a
spy. He is charged
with violating not only Army regulations but also the Espionage
Act of 1917, making him the fifth American to be charged under the
act for leaking classified documents to the media. A court-martial
will likely be convened in the spring or summer.
Politicians
have called
for Manning's head, sometimes literally.
And yet a strong legal defense for Pfc. Manning is not difficult
to envision. Despite many remaining questions of fact, a legal
defense can already be sketched out. What follows is an "opening
statement" for the defense. It does not attempt to argue
individual points of law in any exhaustive way. Rather, like
any opening statement, it is an overview of the vital legal (and
political) issues at stake, intended for an audience of ordinary
citizens, not Judge Advocate General lawyers.
After all,
it is the court of public opinion that ultimately decides what a
government can and cannot get away with, legally or otherwise.
Opening
Statement for the Defense of Bradley Manning, Soldier and Patriot
U.S. Army Private
First Class Bradley Manning has done his duty. He has witnessed
serious violations of the American military's Uniform Code of Military
Justice, violations of the rules in U.S.
Army Field Manual 27-10, and violations of international law.
He has brought these wrongdoings to light out of a profound sense
of duty to his country, as a citizen and a soldier, and his patriotism
has cost him dearly.
In 2005, General
Peter Pace, Chairman of the Joint Chiefs of Staff, told
reporters: "It is absolutely the responsibility of every
U.S. service member [in Iraq], if they see inhumane treatment being
conducted, to try to stop it." This, in other words,
was the obligation of every U.S. service member in Operation Iraqi
Freedom; this remains the obligation of every U.S. service member
in Operation Enduring Freedom in Afghanistan. It is a duty
that Pfc. Manning has fulfilled.
Who is Pfc.
Bradley Manning? He is a 23-year-old Private First Class in
the U.S. Army. He was raised in Crescent, Oklahoma (population
1,281, according to the last census count). He enlisted in
2007. "He was basically really into America," says
a hometown friend. "He was proud of our successes as
a country. He valued our freedom, but probably our economic
freedom the most. I think he saw the U.S. as a force for good
in the world."
When Bradley
Manning deployed to Iraq in October 2009, he thought that he'd be
helping the Iraqi people build a free society after the long nightmare
of Saddam Hussein. What he witnessed firsthand was quite another
matter.
He soon found
himself helping
the Iraqi authorities detain civilians for distributing "anti-Iraqi
literature" which turned out to be an investigative
report into financial corruption in their own government entitled
"Where does the money go?" The penalty for this
"crime" in Iraq was not a slap on the wrist. Imprisonment
and torture, as well as systematic abuse of prisoners, are widespread
in the new Iraq. From the military's own Sigacts
(Significant Actions) reports, we have a multitude of credible
accounts of Iraqi police and soldiers shooting prisoners, beating
them to death, pulling out fingernails or teeth, cutting off fingers,
burning with acid, torturing with electric shocks or the use of
suffocation, and various kinds of sexual abuse including sodomization
with gun barrels and forcing prisoners to perform sexual acts on
guards and each other.
Manning had
more than adequate reason to be concerned about handing over Iraqi
citizens for likely torture simply for producing pamphlets about
corruption in a government notorious for its corruptness.
Like any good
soldier, Manning immediately took these concerns up the chain of
command. And how did his superiors respond? His commanding
officer told
him to "shut up" and get back to rounding up more
prisoners for the Iraqi Federal Police to treat however they cared
to.
Now, you have
already heard what the Chairman of the Joint Chiefs of Staff had
to say about an American soldier's duties when confronted with the
torture and abuse of prisoners. Ever since our country signed and
ratified the Geneva Conventions and the Convention against Torture,
it has been the law
of our land that handing over prisoners to a body that will
torture them is a war crime. Nevertheless, between early 2009
and August of last year, our military handed over thousands of prisoners
to the Iraqi authorities, knowing full well what would happen to
many of them.
The next time
Pfc. Manning encountered evidence of war crimes, he took a different
course of action.
On the Secret
Internet Protocol Router Network (SIPRNet) shared by the Departments
of Defense and State Manning soon found irrefutable evidence of
possible war crimes, including a now-infamous "Collateral
Murder" video in which a U.S. Apache helicopter mowed down
some 18 civilians, including two Reuters journalists, on a street
in Baghdad on July 12, 2007. The world has now seen and been
shocked by this video which Reuters is alleged to have had in its
possession but had not yet made public. Manning is alleged
to have leaked it to the whistleblower site WikiLeaks in April 2010.
Manning also
found a video and an official report on American air strikes on
the village of Granai in Afghanistan's Farah Province (also known
as "the Granai massacre"). According
to the Afghan government, 140 civilians, including women and
a large number of children, died in those strikes. He is alleged
to have released that video as part of a tranche
of some 92,000 military documents relating to our escalating war
in Afghanistan already the longest war our nation has ever
fought and Pakistan, where the war is steadily spreading.
Manning is also alleged to have released to WikiLeaks some 392,000
documents regarding the Iraq War, many of which relate to the
torture of prisoners, as well as some 251,000
State Department cables.
Now, in your
judgment of Bradley Manning, please know that the stakes are indeed
high, but not in the feverish way our political and media elites
have been telling you from nearly every newspaper, channel, and
website in the land. We will want you, a true jury of Manning's
military peers, to ask a few questions about what's really been
going on in this trial and in this country. After all, when
we reward lawyers in the Justice Department who created memos that
made torture legal with federal
judgeships and regular
newspaper columns, while locking lock up a whistle-blowing private,
you have to ask: What country are we now living in?
This trial
couldn't be more important or your judgment more crucial.
The honor of our country is very much at stake in how you decide.
When we let the aerial slaughter of civilian noncombatants pass
without comment or review, when a reported 92
children die from an American air strike on an Afghan village
and 18
civilians are shot dead on a Baghdad street without the slightest
accountability, except when it comes to locking up the private who
ensured that we would know about these acts let me repeat
the honor of your country and mine is at stake and at risk.
Not the security of your country, though the prosecution will claim
otherwise, but the honor of our country, and especially the honor
of our military.
Pfc. Bradley
Manning is one soldier who has done his duty. He has complied
with it to the letter. Now you must do your duty as members
of this jury and as soldiers.
Our
Whistleblower Laws Protect Pfc. Manning
The prosecution
will surely tell you that none of our existing whistleblower protection
laws, interpreted narrowly, apply to Bradley Manning.
I say otherwise,
and so will the experts we will call to the stand. You will
hear from legal expert Jesselyn
Radack, an attorney and former whistleblower who was purged,
punished, and then vindicated for her courageous acts of disclosing
illegal wrongdoing inside the Bush administration's Department of
Justice. Ms. Radack will explain to you why and how Bradley
Manning is well protected by our current laws. After all,
the Whistleblower
Protection Act is designed to protect a government employee
who exposes fraud, waste, abuse, or illegality to anyone inside
or outside a government agency, including a member of the
news media. This is well supported by case law. (See
Horton
v. Dep't of Navy, 66. F3d 279, 282 (Fed. Cir. 1995)].
Isn't that exactly what Pfc. Bradley Manning has done?
As a fallback
argument, the prosecution is sure to suggest that WikiLeaks is not
a real media entity in the way that the New York Times
is. Any one of you who has ever gotten the news and information
from the Internet knows otherwise.
The prosecution
will also be eager to inform you that the Military
Whistleblower Protection Act (MWPA) does not apply here.
We, however, will prove to you that the act applies with great and
particular force to Pfc. Manning. For one thing, the MWPA
not only allows an even wider array of government officials to make
disclosures of classified information, it also broadens the scope
of what kinds of disclosure a soldier can make. It
expressly allows disclosures of classified information by members
of the armed forces if they have a "reasonable belief"
that what is being disclosed offers evidence of a "violation
of the law," "an abuse of authority," or "a
substantial danger to public safety." In other words,
the purpose of the Military Whistleblower Protection Act is to protect
soldiers just like Pfc. Manning who report on improper or
in this case, patently illegal activities by other military
personnel.
Now, there
is no strict precedent, the prosecution will claim, for any of our
whistleblower protection laws to apply to Pfc. Manning. But
as we will make clear, there is no contrary precedent either.
That's because we've never seen a whistleblower disclosure as massive,
vivid, and horrific as this one. We are in uncharted territory.
If the plain language of these whistleblower protection laws is
unclear, legal convention dictates
that we look at the laws' intent. Clearly Congress
meant, and legislative history supports this, for the whistleblower
protection laws to protect whistleblowers, not as this administration
seems to think to prosecute them.
The progress
of our common law is prudent, it is incremental, it is slow.
But our common law is not dead. It does progress. Whether
the common law will take that small step forward in the case of
Pfc. Manning is your duty to decide. And your decision will
have repercussions.
For if you
convict Bradley Manning, then you are also clearing the way to try
and possibly convict Army Specialist Joseph
Darby, the whistleblower who leaked the Abu Ghraib photos and
thereby ended acts of torture and abuse that were shaming our military
and our nation. Now, Specialist Darby did not leak the photos
of this disgrace up the chain of command or to the Army Inspector
General as our whistleblower law envisions. Instead, he leaked
it straight to the Army Criminal Investigative Division, and this
path is not strictly what our whistleblower laws allow. Was
Spc. Joseph Darby doing his duty as an honorable soldier when he
exposed the torture and abuse at Abu Ghraib? Or was he just
trying to damage the United States? Your verdict on Bradley
Manning could reopen that question, and answer it anew.
If you convict
Bradley Manning, you will also potentially be convicting the father
of Army Specialist Adam Winfield. In February 2010, Winfield
informed
his father, Christopher Winfield, a marine veteran, via Facebook,
of a homicidal "Kill Team" at Forward Operating Base Ramrod
in Kandahar Province, Afghanistan, that was murdering civilians.
Winfield's father tried to sound the alarm via
phone calls to the Army Inspector General's 24-hour hotline,
to Senator Bill Nelson, and even to members of his son's command
unit in Fort Lewis.
Both father
and son went beyond the "proper" channels to stop the
murder of innocent Afghan civilians. Spc. Winfield is now
on trial for possible complicity in the "kill team" murders,
but no charges have been filed against his father. Tell me,
then: Is Winfield's father guilty of damaging his country because
he tried to warn the Army about a homicidal "kill team"
in the ranks? Whether you like it or not, whether you care
to or not, this is something you will decide when you render
your judgment on Bradley Manning's actions.
The
Espionage Charges
The most outlandish
entries on the overachieving
charge sheet are those stemming from the Espionage
Act of 1917. After all, Pfc. Manning is just the fifth American
in 94 years to be charged under this archaic law with leaking government
documents. (Of the five, only one has been convicted.)
The Espionage
Act was never intended to be used in this way, as an extra punishment
for citizens who disclose classified material, and that is why the
government only carts it out when its case is exceptionally desperate.
In order for
Espionage Act charges to stick, it is required that Pfc. Manning
had the conscious intent take note of that crucial
phrase to damage the United States or aid a foreign nation
with his disclosures. Not surprisingly, given this, you are
going to hear the prosecution spare no effort to portray the release
of these cables as the gravest blow to America's place in the world
since Pearl Harbor.
I hope you'll
take this with more than a grain of salt. For where is the
staggering fallout from all the supposed bombshells in these leaked
documents? Months after the release of the State Department
cables, not a single American ambassador has been recalled.
Secretary of Defense Robert Gates, who commands far more budget
and power than the Secretary
of State, publicly insists that these leaks the Iraq
War logs, the Afghan War Logs, and the diplomatic cables
have
not done any major harm. "Now I've heard the impact
of these releases on our foreign policy described as a meltdown,
as a game-changer and so on," said Gates. "I think those
descriptions are fairly significantly overwrought." Significantly
overwrought? "Every other government in the world knows the
United States government leaks like a sieve," he added, "and
it has for a long time."
So what happened
to the biggest blow to American prestige since the 1968 Tet Offensive
in Vietnam? And keep in mind that the Secretary of Defense
is by no means the only official pooh-poohing the hype about the
WikiLeaks apocalypse. One former head of policy planning at
the State Department looked at the cables, shrugged, and said that
the documents hold
"little news," and that they are "unlikely to do
long-term damage." A senior Pentagon spokesperson, Colonel
David Lapan, confessed to reporters last September that there is
zero
evidence any of the Afghan informers named in the leaked documents
have been injured by Taliban reprisals. Tell me, where is
the Armageddon that this 23-year-old private has supposedly loosed
on our American world?
Of course,
there's no denying that some members of our foreign policy elite
have been mightily embarrassed by the State Department cables.
Good. They deserve it.
Their fleeting
embarrassment is nothing compared to the shame they have brought
down on our country with their foolish deeds over the past decade,
actions that range from the reckless and incompetent to the downright
criminal. It's no secret that America's standing in the world
has been severely damaged in these years, but ask yourself: Is this
because of recent disclosures of civilian deaths and war crimes
most of which are surprising only to Americans along
with diplomatic tittle-tattle?
I suggest to
you that the damage to our nation, which couldn't be more real,
has come not from the disclosures of a young private, but from our
foreign policy elite's long pattern of foolish and destructive actions.
After all, the invasion and occupation of Iraq have cost rivers
of blood. The price tag for our current foreign wars has
now officially soared above
the trillion-dollar mark (and few doubt that, in the end, the real
cost will run into the trillions of dollars). And don't forget,
the invasion of Iraq has inspired new waves of hatred and distrust
of our country overseas, and has
provided an adrenaline boost for Islamic terrorists.
Needless to
say, our political, military, and media elites have not lined up
to take responsibility for this series of self-inflicted wounds.
Before they try to pin a nonexistent catastrophe on Pfc. Manning,
they ought to take a long, hard look in the mirror and think about
the real damage they've done to our nation, the world, and not least
the overstretched,
overstrained U.S.
military.
Just imagine:
if only someone like Bradley Manning had leaked conclusive documentation
about Saddam Hussein's supposedly deadly but nonexistent arsenal
of weapons of mass destruction, the excuse for our invasion of Iraq.
Such a disclosure would have profoundly embarrassed Washington's
foreign policy elite and in the atmosphere of early 2003, the media
would undoubtedly have called for that whistleblower's head, just
as they're doing now.
Such a leak,
however, would have done a powerful load of good for our nation.
Four thousand four hundred and thirty-six American soldiers would
not be dead
and thousands more would not be maimed, wounded, or suffering from
PTSD. At the very least, more
than 100,000, and probably hundreds
of thousands, of Iraqi civilians would still be living.
These are the consequences of policy-making by a secretive government
that wants the American people to know nothing, and a media that
is either unable
or unwilling to do its job and report on facts, not government
spin.
You all are
old enough to have noticed that the health of our republic and the
reputations of our ruling elites are not one and the same.
In the best of times, they overlap. The past 10 years
have not been the best of times. Those elites have led us
into disaster after disaster, imperiling our already breached national
security, straining our ruinous finances, and tearing to shreds
our moral standing in the world. Don't try to blame this state
of affairs on Private Bradley Manning.
The
Nuremberg Principles Mean Something in Our Courts
Our soldiers
have a solemn duty not to obey illegal orders, and Pfc. Manning
upheld this duty. General Peter Pace's statement on a soldier's
overriding duty to stop the torture and abuse of prisoners, whatever
his or her orders, is not just high-minded public relations; it's
the law of the land. More than 50 years ago, U.S.
Army Field Manual 27-10 incorporated the Nuremberg
Principles, among them Principle IV: "The fact that a person
acted pursuant to an order of his government or of a superior does
not relieve him from responsibility under international law, provided
a moral choice was in fact possible to him." This remains
the law of our land and of our armed forces, too.
I suspect the
prosecution will have other ideas. They will tell you that
the Nuremberg Principles are great stuff for commencement addresses,
but don't actually mean anything in practical terms. They will tell
you that the Nuremberg Principles are of use only to the Lisa Simpsons
of the human-rights industry.
But know this:
some 400,000
of your fellow soldiers died in the Second World War for the establishment
of those principles. For that reason alone, they are something
that you in the military ought to treat with the utmost seriousness.
And if the
judge or prosecutor should tell you that the Nuremberg Principles
don't mean a thing in our courts, they would be flat wrong.
Courts have taken the Nuremberg Principles to heart before, and
more and more have done so in the past few years. In 2005, for example,
Judge Lieutenant Commander Robert Klant took
note of the Nuremberg principles in a sentencing hearing for
Pablo Paredes, a Navy Petty Officer Third Class who refused redeployment
to Iraq, and whose punishment was subsequently minimized.
Similarly,
at his court martial in 2009, Sergeant Matthis Chiroux justified
his refusal to redeploy to a war that he believed violated both
national and international law, and was backed up by expert testimony
on the Nuremberg Principles. The court martial granted Sgt.
Chiroux a general discharge.
A long line
of Supreme Court cases, from Mitchell
v. Harmony in 1851 all the way back to Little v.
Barreme in 1804, established that soldiers have a duty
not to follow illegal orders. In short, it is a matter of
record and established precedent that these Nuremberg Principles
have meant something in our courts. Yours will not be the first
court martial to apply these principles, fought for and won with
American blood, nor will it be the last.
Whistleblowers
Are Patriots Who Sacrifice for Their Country
Whistleblowers
who attempt to rectify the disastrous policies of their nation are
not criminals. They are patriots, and eventually are recognized
as such. Bradley Manning is by no means the first American
to serve his country in such a way.
Today, Daniel
Ellsberg is famous as the leaker of the Pentagon
Papers, a secret internal history ordered up by Secretary of
Defense Robert McNamara himself that candidly recounted how a series
of administrations systematically lied to the nation about the planning
and prosecution of the Vietnam War. Ellsberg's massive leak
of these documents helped end that war and bring down a criminal
administration. How criminal? Midway through Ellsberg's
trial in 1973, the Nixon administration offered
the judge overseeing his treason trial the directorship of the FBI
in an implicit quid pro quo, a maneuver of such brazen
corruption as to shame any banana republic. The judge dismissed
all the government's charges with prejudice and now Daniel Ellsberg
is a national hero.
Those born
after a certain date may be forgiven for assuming that Ellsberg
was some long-haired subversive of an "anti-American"
stripe. In fact, he had been, like Bradley Manning, a model
soldier.
At the Marine
Corps Basic
School in Quantico,
Virginia, Ellsberg graduated
first in a class of some 1,100 lieutenants. He served as a platoon
leader and rifle company commander in the Marine 2nd Infantry Division
for three years, and deferred
his graduate studies so he could remain on active duty with his
battalion during the Suez Crisis of 1956. (You will
note that deferring graduate school in order to stay on active military
duty is the exact opposite of what so
many of our recent, and current,
national leaders did in those decades.) After satisfying his
Reserve Officer commitment, Ellsberg was discharged from the Corps
as a first lieutenant, and leaving the military went on to a distinguished
career in government.
Daniel Ellsberg
was a model Marine, and later a model citizen. His courageous
act of leaking classified information was only one more episode
in a consistent record of patriotic service. When Ellsberg
leaked the Pentagon Papers he did so out of the profoundest sense
of duty, knowing full well, just like Bradley Manning today, that
he might spend the rest of his life in jail.
Ellsberg calls
Pfc. Manning his
hero and he is a tireless
defender of the brave Army private our government has locked away
in solitary.
Vandals trash
things without a care in their hearts, but real patriots like former
Lt. Ellsberg and Pfc. Manning do their duty knowing that the privilege
of living in a free society does not always come cheap.
"Frankly
and in the Public View": The American Tradition of Diplomacy
Today, Ellsberg
himself is lionized, even by the U.S. government, as a national
hero. The State Department recently put together a traveling
roadshow of American documentary films to screen abroad, and front
and center among them is an admiring
movie about Ellsberg and the Pentagon Papers. But then
it is only appropriate that the government recognize Ellsberg and
his once-controversial disclosures as part and parcel of the American
tradition.
After all,
demands for more open and transparent diplomacy are as American
as baseball and Hank Williams. World War I-era President Woodrow
Wilson himself insisted on the abolition of secret treaties as part
of his 14
points for the League of Nations; in fact, it's the very first
point: "Open covenants
of peace, openly arrived at, after which there shall be no private
international understandings of any kind but diplomacy
shall proceed always frankly and in the public view."
How can foreign
policy be democratic if the most serious decisions and facts
alliances, death tolls, assessments of the leaders and governments
we are bankrolling with our tax dollars are all kept as official
secrets? The "Bricker
Amendment" was an attempt by congressional Republicans
in the 1950s to require Senate approval of U.S. treaties, in large
part to open up public debate about foreign affairs. The late
Senator Daniel Patrick Moynihan, a Democrat who served as representative
to the U.N. for Republican President Richard Nixon, was also a severe
critic of government secrecy and the habitual over-classification
of state documents. These American statesmen knew that if foreign
policy is crafted in secret, without the oxygen and sunlight of
vigorous public debate, disaster and dysfunction would result.
For the past
10 years, we have had exactly such disaster and dysfunction as our
foreign policy. Our leaders have plunged us into a dark world
of secrecy and lies. Tell me: Is this Private Bradley Manning's
fault?
Let me be clear
as I bring this opening statement to a close: for all the complexities
this case holds, your job will in the end prove a simple and basic
one. It's your task not to let our leaders, or the prosecution,
pin the horrendous state of affairs into which this country has
been thrown on Pfc. Manning. I am confident that you will
see him for the patriot he is, a young man with a moral backbone
whose goal was not self-aggrandizement or profit or even attention
and glory. His urge was to shine a bright light on his own
country's wrongdoing and, in that way, bring it, bring us, back
to our nobler national traditions.
It is Pfc.
Manning, not our fearless national leaders, who has sacrificed much
to restore the rule of law and a minimal level of public oversight
to American foreign and military policy. "Frankly and in
the public view": this once would have been called a reasonable
description of the American character, something that set us apart
from the Austro-Hungarian Empire, Otto von Bismarck's Prussia, or
Imperial Japan. Whether our government has any responsibility
to conduct its affairs frankly and in the public view in 2011 and
beyond this is something else you will decide in your judgment
on Pfc. Manning.
As soldiers,
you know well that most Americans have insulated themselves from
the last decade's foreign-policy disasters. Even as we spend
a trillion dollars on foreign wars, our taxes are cut.
If you're making decent money, the odds are it's not your kids,
grandchildren, brothers, or sisters who are off fighting, killing,
and dying in our foreign wars. Most Americans, thanks in part
to the media, have little idea of what you and your peers have lived
through, the weight you have shouldered.
This is not
true of Pfc. Bradley Manning. He came face to face with this
disaster. He saw, and participated in, the roundup of
Iraqi civilians to be tortured by their own national police force.
Tell me honestly: Was this what Operation Iraqi Freedom was supposed
to accomplish? Is this why you, his jury of peers, enlisted
in the military?
Pfc.
Manning saw this misery and rampant illegality with his own two
eyes, and then, online, he discovered more of the same much,
much more and he did something about it, knowing
full well the penalty. "I wouldn't mind going to prison
for the rest of my life, or being executed so much, if it wasn't
for the possibility of having pictures of me [...] plastered all
over the world press," he confided to the informant who betrayed
him. Manning knew the stakes and the risks when he leaked
these documents, but still he loyally performed his duty, both to
the United States Army and to his country.
As one of Manning's
childhood friends from Crescent, Oklahoma, has testified,
"He wanted to serve his country." It's up to you
to decide whether he did.
You have a
duty as a fully informed jury of free citizens. You are not an assortment
of rubber stamps pulled out of a judge's desk drawer. You
are as important a part of this court as the judge, prosecutor,
and the accused himself.
Whichever way
you decide in your verdict, you will not face the consequences Bradley
Manning already endures, but your judgment will have great consequences,
not just for him, but for the honor and future of the country you
have taken an oath to serve.
Now, go and
do your duty.
February
12, 2011
Tom
Engelhardt [send him mail]
co-founder
of the Nation Institute's TomDispatch.com, is the co-founder of
the American Empire
Project. His book, The
End of Victory Culture, has recently been updated in a newly
issued edition. He edited, and his work appears in, the first best
of TomDispatch book, The
World According to TomDispatch: America in the New Age of Empire
(Verso), an alternative history of the mad Bush years. His new book
is The
American Way of War: How Bush’s Wars Became Obama’s. Chase
Madar is an attorney in New York and a member of the National Lawyers
Guild. He writes for TomDispatch,
the American Conservative magazine, Le Monde Diplomatique,
and the London Review of Books. (To listen to Timothy MacBain's
latest TomCast video interview in which Chase Madar explores Manning's
case and his defense, click here,
or download it to your iPod here.)
Copyright
© 2010 Chase Madar
The
Best of Tom Engelhardt
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