A few days ago, I hosted a segment of my show about the torture of Bradley Manning. On it, I argued with regular contributors Karen Finney, Jimmy Williams, and Susan Del Percio about whether Manning, as a member of the military, has the right to due process and the right not to be tortured. I believe he has rights, the others disagreed.
Captain David Price, a viewer and a retired JAG corps member, wrote in to clarify. Since that segment, the commander at Quantico, where Manning is housed, has been replaced, and the Department of Defense conducted an embarrassing press conference (which you can view here).
-Dylan
I turned on the Dylan Ratigan Show this afternoon somewhat in the middle of the discussions concerning PFC Bradley Manning focused on the length and conditions of his confinement at the Consolidated Brig, Marine Corps Development Command, Quantico, Virginia. While I do not have sufficient personal knowledge of either the allegations or the facts concerning his treatment to be able to respond to those concerns, for the purposes of this note I will accept as accurate what has been reported concerning unauthorized actions on the part of the command operating the brig. My response is not focused towards the specific facts of his case; but, rather, are in response to comments made on the show that there is "no due process in the military" or similar comments that when a person joins the military they surrender all legal rights and protections under the U.S. Constitution.It is true that military service is unique. The reality, however, is that military personnel do retain the essential rights and privileges of any citizen or lawful resident of the United States, although those rights are exercised within the context of the special demands inherent in military service, where the rights of an individual will often be of secondary concern to the needs of good order and discipline in the protection of our national defense.
Throughout history are instances where individuals have abused their authority. No law or regulation will ever prevent misconduct from occurring. What laws can do, however, is provide a mechanism for holding wrongdoers accountable for their actions, whether it be PFC Manning as concerns the allegations against him; or Brig Commander James Averhart and the accusations being made against him. What is essential is responsible leadership, at all levels in the military chain of command, up to the President, as Commander-in-Chief, if necessary; and through oversight responsibilities of the Congress to ensure that military personnel suspected of offenses are not being abused and that their rights are being protected.
I applaud Jane Hamsher, David House, and David Coombs (Manning's attorney) for their advocacy and helping bring attention and light to this issue. A proper investigation should be conducted to inquire into these allegations. IF the allegations concerning mistreatment at the Brig are proved to be correct -- then it is incumbent upon those in command to hold accountable those who have abused their positions of authority. That will be the best demonstration of the existence and protection of the rights of a service member. The abuse of authority by a Commander over a subordinate, however, does not necessarily mean that a military member has no rights or that there is "no due process" within the military.
David P. Price
CAPT, JAGC, USN (Retired)
JAG Defense
Follow Dylan Ratigan on Twitter: www.twitter.com/DylanRatigan
For the Defense Dept. to resolve a situation,( e.g., Bradley Manning's threats to commit suicide), by the extreme decision to remove and deny the prisoner clothing, is an automatic admission of wrongdoing. The prisoner's mental health and physical health are in jeopardy which his jailers are responsible to address by providing clinical assessment and treatment. That the prisoner is in need of medical and psychological attention and is being denied treatment is a violation of legally defined statutes and ethics.
This situation needs to be remedied immediately. Terrorist tactics and torture cannot be allowed.
I would die for my country if my country practiced level headed intellect,honor,integrity, morality and justice. We no longer espouse that ideology. Signing on for military service would seem a sacrifice to rethink. trust no one.
We are looking more and more similar to the repressive regimes that we publicly denounce. This is truly an embarrassment to our great country.
Seriously, this a good debate and this individual framed the way due process works within the military very well.
I believe in equal rights for all, though it is hard with Private Manning. As a liberal, I applaud his maverick-esque (albeit illegal) motivations. As a patriot, his actions are reprehensible and I see what he has allegedly (on videotape) done as pretty heinous. As a fellow gay man, my first thought when it came out that he is also gay was, no shame here, "WHY did he have to be gay? We have enough on our plate without opponents latching onto this part of it."
In sum it's a complicated issue for me, but I have faith that he will get the trial/ court martial and representation he deserves, but I for one am rooting for a guilty verdict and a lifetime in prison for treason or attempted treason.
Suppose the Captain of a warship or a company commander has to drag enough civilians along to indict a member of the unit in the unlikely event that was necessary. At best the civilians would be as useless as a brassiere on a bull and they would eat up their weight in groceries. The Bill of Rights wisely makes an exception for grand jury indictment for military people in some situations. Don't think for a moment that US citizens in the military lose any other right.
I don't believe that Bradley Manning had a bad intent or an evil motive. I'm not sure that in going to help him. So I too applaud Jane Hamsher, David House and David Coombs
1- Because Japanese treatment of Allied POWs in WW II was horrific, it is OK to treat current US detainees harshly, because such treatment fails to rise to degree of torture given out by the Japanese 65 years ago.
2- Anyone detained by the US military is automatically guilty.
Morally bankrupt. FAIL.
2. Agree.
FAIL #2.
None of them did EVIL of forcing Saddam, the Shaw, Bin Ladin and Taliban on the respective countries. Now the evil want a different result. Mission Accomplished once and now again to have access to the world ASSETS not already in the hands of the RICH.
I know IRONY when it is