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Barton Kunstler, Ph.D.

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Bradley Manning's Abuse: Army's Dishonor, Obama's Shame

Posted: 03/04/11 01:20 PM ET

The treatment of Bradley Manning by the United States Army has stained the honor of the American military. Manning is the soldier who leaked over two hundred thousand documents to WikiLeaks -- documents printed by The New York Times and a host of other publications whose patriotism and support of our country are unimpeachable. None of these documents gave out troop positions or any other military secrets. Private Manning's intent has been clearly documented: he feared for the future of his country and he felt desperate to correct our course.

In return, the most powerful army in the world is subjecting him to brutal treatment that qualifies as borderline torture. One can argue the extent, if any, of his guilt, or whether the editorial board of The New York Times should be brought up on criminal charges for aiding and abetting the delivery of the material Manning leaked. But torture? Sanctioned and conducted by the U.S. Army? Sleep deprivation 'a la North Korea's brainwashing techniques? Stripped and forced to stand naked in a cold cell? Kept in total isolation 23 hours a day except when he must respond to guards who check on him -- every 5 minutes? This is the "new army"? Who gave the go-ahead to impose this kind of treatment on a man who may not even have committed a crime? Who decided to raise the stakes in Manning's trial and bring capital charges against him. That's right. He is accused of aiding and abetting the enemy and for a U.S. soldier, the punishment can be death, although the army announced, in a show of benevolence, they will likely only seek life imprisonment.

Whoever it is driving this madness, they have a commanding officer. And somewhere up the line, the buck stops at the top -- at least that's the single most important, bottom-line rule of leadership. In the United States Army, the top is known as the Commander in Chief, also known as the President of the United States, Barack Obama. Which leads me to wonder:

Why is the Commander in Chief of the U.S. Armed Forces silent about the torture and judicial railroading of an American soldier by his own army, an army of which President Obama is the highest ranking officer? As Ruth Marcus recently noted in The Washington Post, Obama's is becoming the "Where's Waldo" presidency. Marcus points out that there's always a rational explanation for why Obama is strangely inconspicuous during a given event but, as has been often observed, the apparent upshot is a man unwilling to articulate a moral stance, to stand for anything. Obama seems to operate under the mistaken impression that leadership is akin to facilitating a corporate retreat.

Under George Bush our nation, with liberty and justice for all, regularly used torture as a state-sanctioned extension of political, military, and judicial policy. From Abu Ghraib to Guantanamo, from the kidnappings and renditions that culminated in U.S. sponsored torture-sessions throughout eastern Europe, northern Africa, and Asia, the United States became something unrecognizable, a Dr. Jekyll willingly abandoning itself to its inner, murderous Mr. Hyde.

Many of those tortured were innocent, caught up in petty feuds or an operation that swept up "the usual suspects". Some were guilty -- but of what? Who determined their guilt and did the punishment, prior to any determination of guilt, fit the crime? Tragically, the Bush administration gave up America's last pretensions to ethical distinction among nations.

Now Obama has passed his term's halfway point. Guantanamo is still open. The official language that sanctioned torture has been Obamafied -- that is, made better than it was under Bush but still not so strong as to repudiate or even definitively end torture. No member of the previous administration has been called to account for their use of torture, not only legally, but even in a public statement by the president. To paraphrase the Buffalo Springfield, "nobody's right if nobody is wrong."

So again I wonder:

If George Bush could use his authority as President and Commander in Chief to lead the United States on a descent into torture and gross violation of civil liberties, why can't President Obama use his authority to take a stand against torture and to restore liberty and law?

Does a conscientious stand against the violence of war deserve the treatment to which Private Manning has been subjected? Should anyone -- whether convicted or not, whatever their crime -- be tortured by the very institutions that exist to protect not only our individual rights, but the very ideas of liberty and law? And doesn't the army's use of torture and severe judicial proceedings debase the military authorities who vent their fury in the ugliest way possible on one of their own, and undermine the legitimacy of the military as the protective instrument of the nation?

And finally, if our Commander in Chief shrinks into the background and ignores the abuse of Bradley Manning, how can he expect to maintain his credibility as our leader, as the moral compass of our country?

 
 
 
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HUFFPOST SUPER USER
Florence Baumgartner
HUFFPOST SUPER USER
letsgetitdone
10:07 PM on 03/11/2011
More to the point, how can he avoid culpability for violating US laws against torture? Isn't his support of Manning's treatment, along with his status as Commander-in-Chief of the Armed Forces, grounds for the President's impeachment?
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04:02 PM on 03/10/2011
There are two assumptions we can make:

The military industrial establishment likes torture (that could explain why so much of it goes on) or:
They don't have a case against Bradley Manning.

(Actually, I think both are true.)
10:58 AM on 03/07/2011
Who is going to be held accountable for these crimes against humanity. As I have said repeatedly, Obama has become a full co-conspirator along with the previous administration to war crimes and repeated violations of international law. As soon as Obama took office reports streamed in that the abuse at Guantanamo was worsening. At the same time the UK was threatened, later revealed to be at the hands of Hilary herself, with no intel unless they did not reveal U.S. complicity in war crimes against innocent British Nationals who were kidnapped and tortured. The judge in Spain that was about to issue warrants has been silenced in compliance with Obama's express (via the Justice Dept letters) wishes. Who then, will be held accountable or will history show this to be one of many times murder, kidnapping and torture at the hands of the United States will be overlooked from the days Europeans sailed to these shores with a bible in their hands and thievery and murder on their minds? If we are honorable people, what are we willing to do to see that justice happens? Humanity v Plutocracy, now is the time to chose. people in the middle east are willing to die for what we are giving away.
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Thaigold
Life is Fun
02:34 AM on 03/06/2011
Responsibility

If we are to believe the reports, private Manning enlisted in the U.S. Army in 2007, while still in his teens - for all practical purposes, a kid fresh out of high school.
Now here’s where the fun begins. The U.S. Army assigns this kid to position where he has access to sensitive traffic, both military and diplomatic. My question is; by what standard did the command structure open the door to this blunder?
No one disputes he committed crimes here. What we want is appropriate culpability to those officers who placed this unstable kid in a position to do damage in the blindness of youth and personal conflicts.
Yes, many out here want an accounting from the Fort Drum Command in this matter.

The Court calls: Major General James L.Terry.
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HUFFPOST SUPER USER
neighborhoodmole
no one really knows who anyone is here
02:50 PM on 03/08/2011
I'd like to know who authorized the purchase and installation of computers in the secure area with writable CD/DVD drives and will they also be prosecuted? Have they since removed those drives from those computers?
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04:05 PM on 03/10/2011
It is totally and completely impossible to secure a system where so many people have access.

If you think that ANY of the leaked information was news to any country with an intelligence network (i.e. all of them!) you're dreaming.

The ONLY people this is news to is the (wait for it . . . ) the public!

Yes, folks, you are the enemy!
11:08 AM on 03/05/2011
The simple and accurate answer is that he cannot and is not demonstrating respectable and humane leadership as long as there is no value demonstrated for human dignity. His spineless negligence in this and other "war crimes" perpetrated by our war machine is, at best, reprehensible. The lack of leadership demonstrated by this president, from my perspective as a supporter during his election, is anathema to the expectations upon which he campaigned. Unfortunately, this misrepresentation, Orwellian double-speak and actions diametrically opposed to the will of the majority of his constituents appears as though he is but a puppet of a much more powerful diabolical political machination. The word "leadership" should be stricken from the conversation with respect to his presidency or to the office of the POTUS in general.
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BobHiggins
Living on the brink of was.
09:39 AM on 03/05/2011
Honor? Moral compass? American honor was auctioned on the altar of greed long ago and our moral compass is as effective as the one Columbus used to find India.
07:08 AM on 03/05/2011
If Bradley Manning soil himself at night due to his mistreatment it's not by giving more mistreatment that will solved the issue . He need to see a doctor.
11:53 PM on 03/04/2011
Change we can believe in?
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Sahuaro
Molded by Gilligan, Steed, Darrin, 99, Spock, &Ayn
10:02 PM on 03/04/2011
Dr. Kunstler,
One thing to admire about Obama is he has a sound moral compass, and sets a good example for our youth. He hasn't spoken out on this issue because there is no need to. Brutal treatment? Didn't you listen last presidential election? Obama listened to McCain talk about the Cong, and recognizes that Manning is not experiencing torture, but an effort to ensure he stays alive for trial.
I'm certainly glad he's our leader, not you.
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Rosanneofpgh
some days youre the dog;others the hydrant
10:52 AM on 03/05/2011
Get your head out of the sand, ostrich!! What do YOU call being confined in a small space for 23 hours of the day, being awakend every five minutes. enforced nakedness?? I voted for obama because I thought he would be a strong leader. All we've seen from him so far is capitulation after capitulation. mr obama's "sound moral compass" is seriously skewed!
07:06 PM on 03/04/2011
But what can we do?
The UN is way to corrupt to go against the US.
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tbone99
cruisin' duality
06:22 PM on 03/04/2011
Obama lost his moral compass a long time ago ..

The truth is liberty and law in this country are reserved for those with money.
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AZreb
equal-opportunity Independent heathen
09:07 AM on 03/05/2011
fanned - the moral compass is whirling crazily in this case. We still have "extraordinary rendition", although now our government cannot send suspects to Egypt for "torture by proxy". Instead we are using our own military to do the job in the United States.
scipio2009
Alan Wolfe's "The Future of Liberalism"
05:47 PM on 03/04/2011
Bradley Manning, if the information already in the ether is accurate, is on the verge of being charged with treason, with penalties on the books placing the cost for that charge his life. That's beyond clear. Julian Assange may have hazy and weak ties to any full-throttled criminal charges against him, but Manning, simply put, is "over the barrel".

If your point, as a person that HuffPost seems to want to give a voice, is to create some sort of emotional story to divert the focus away from what the information is already showing us, you have failed.

I do not believe that the United States government, in any way, is "abusing" Pfc. Manning, but you need to realize that trying to create that story does absolutely nothing to change the reality that Manning is about to pay for his violations with his life.

goodday
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Barton Kunstler, Ph.D.
10:08 AM on 03/05/2011
You seem to be confusing two issues. The charges against Manning, whether trumped up or legitimate, are separate from the issue of borderline abuse. I happen to think the charges are the result of a vindictive response by military and political leaders who are embarrassed by the revelations - which do not compromise the security of US personnel anymore than any other form of political debate does, that is, not in any way - and who are frustrated that they can't get at Assange. But whatever one thinks of what Manning did, his treatment in a military prison is inexcusable and, one would like to think, unAmerican. That some people think this extra-judicial torment accords with the law as we'd like to see it applied in the US, is depressing.
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Rosanneofpgh
some days youre the dog;others the hydrant
10:58 AM on 03/05/2011
Sorry to dispute with you, Dr. Kunstler, but none of Pfc Manning's appalling treatment sounds "borderline" to me. IMHO, its out and out, full-blown torture. Which, according to some politicians, the united states NEVER does! Yeah, right.
scipio2009
Alan Wolfe's "The Future of Liberalism"
03:49 PM on 03/05/2011
That may be the case, but, as far as I've seen, there hasn't been any serious evidence point toward "abuse", even "borderline abuse". I don't know the exact details of his jailing conditions, but it can be reasonable to assume that he's probably being held in an isolated situation, with minimal contact to other people, something that you seem to want to spin into something akin to the atrocities of Abu Gharib, without crossing that final threshold, of course. But that's just my opinion.

As far as the charges go, the information that's already out in the ether clearly shows that Pfc. Manning, as a member of military personnel, with access to the raw intelligence reports, decided, for whatever reason, that he was going to now be the arbiter of what the American public ought to know or not know. He took, apparently, blank CDs into his workplace, copied classified information, and worked to dump it onto the public.

Regardless of the role that Assange played in the whole fiasco, with the main focus being on determining whether Assange, in any way, pushed Manning to seize the information and hand it over, the case against Manning is a pretty rock solid one. Tough luck for him, but treason is treason.

Anyway, if you think solitary confinement and near utter isolation is "unAmerican", that's your opinion; I don't share that opinion.
05:25 PM on 03/04/2011
Hear hear.
04:35 PM on 03/04/2011
I've got a couple of comments. First, is there such a thing as borderline torture? It either is or is not torture. Second, PFC Manning is being held in pretrial confinement because the military justice system does not have bail. The general rule is that a Soldier charged with a crime is not confined prior to trial. However, in cases where the Soldier is a flight risk or where the Soldier is likely to commit serious misconduct, he is confined prior to trial. The Soldier receives a hearing where he is represented by counsel prior to the imposition of pretrial confinement where an impartial magistrate determines if either of the above conditions exist. If PFC Manning is subjected to unduly harsh conditions during pretrial confinement, his attorney can raise the issue during trial and if PFC Manning were to prevail on the issue, he would receive additional confinement credit (which would offset any adjudged sentence.) The military justice system is considered by most commentators to be more fair than the civilian justice system. The proper checks and balances are in place, and I have no doubt that PFC Manning will receive a fair trial, and if found guilty, a fair punishment.
05:56 PM on 03/04/2011
Please identify the "commentators" who consider the military "justice" system to be more fair than the civilian justice system. As someone with both military experience and experience as a civilian prosecutor, I can assure you that neither I nor any of the former JAG attorneys with whom I have worked thought the military system was "more fair" than the civilian system.

In addition, the concept that receiving "additional confinement credit" is an appropriate remedy for illegal treatment during pretrial confinement is ludicrous. The appropriate remedy is discipline (possibly including imprisonment) for those guilty of treating him illegally, and, if the treatment is sufficiently egregious, dismissal of all charges as a result of the government's outrageous conduct. FYI, that's what happens in the civilian justice system.
08:40 AM on 03/05/2011
For a good review of the advantages and disadvantages of the military justice system, see "Evolving Military Justice" by Eugene Fidell. Perhaps I overstated my case with "most" commentators, but the fact is that an accused in the military justice system is afforded more rights than a similarly situated civilian. For example, a military accused is appointed an attorney much earlier in the process than a civilian, often before the charging decision. A military accused must be advised of his Miranda rights prior to any questioning, not just custodial interrogation. At the Article 32 hearing (the military equivalent of a grand jury), the accused has the right to be present, to have his attorney present, to present evidence, and to question witnesses. An accused also has a statutory speedy trial right in addition to his Constitutional speedy trial right which forces the government to bring a case to trial much sooner than in the civilian system. Dr. Kuntsler states that PFC Manning is being railroaded by the military justice system. My only point is that he is not.

The additional remedies you suggest exist in the military justice system.. Article 93 of the UCMJ prohibits maltreatment of subordinates, which would include imprisoned Soldiers. Punishment under this article could include imprisonment.
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Barton Kunstler, Ph.D.
06:54 PM on 03/04/2011
I agree about the borderline torture but used that phrase to counter possible assertions that extreme physical discomfort and psychological abuse is not really torture. I do believe it qualifies as torture, as the rest of the article indicates. But the "borderline" issue is not a trivial one as both the Bush and Obama administrations, in their respective ways, sought to draw a line between harsh punishment and torture. Other than that, your reasoning about Manning's confinement is specious. The army has not shown that Manning is a flight risk nor is there anything about what he did that implies he is "likely to commit serious misconduct." His attorney has complained about the treatment. And please don't argue that a man accused of leaking computer files needs to be stripped naked and confined to total isolation for 10 months. At the least, he could be confined in a normal cell with normal prisoner privileges.
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HenHouse
WhoWhatWhyWhereWhenHow and how much?
12:44 AM on 03/05/2011
quote " Manning is the soldier who leaked over two hundred thousand documents to WikiLeaks " has Manning confessed to this or is he assumed innocent?
08:53 AM on 03/05/2011
You make the statement that the Army has not shown that Manning is a flight risk or that he is likely to commit serious misconduct. While I am not familiar with the facts of PFC Mannings case, your statement cannot be true. PFC Manning received a hearing where he had the right to be present, the right to an attorney, the right to present evidence, and the right to question any witnesses. A military magistrate had to find that either PFC Manning was a flight risk or that he was likely to commit serious misconduct if allowed to remain free. After the hearing, if significant new information comes to light, PFC Manning can request another hearing. After the charges are referred to trial, PFC Manning can ask the judge to review the confinement decision. PFC Manning's attorney is a former JAG officer with a wealth of defense experience who is widely respected within the military. I am certain he is aware of the rules and is doing all he can for his client.

I do not argue that a man accused of leaking computer files needs to be stripped naked and confined to total isolation for 10 months. What I argue is that there is a fair justice system in place to address any violations of the rights of PFC Manning.