Army says WikiLeaks suspect fit to stand trial

[Scurrilous]

Source: Associated Press

<snip>

"The intelligence analyst suspected of illegally passing government secrets to the WikiLeaks website has been found competent to stand trial, the Army said Friday.

Army spokesman Gary Tallman says a panel of experts completed its medical and mental evaluation of Pfc. Bradley Manning on April 22, and informed Army officials Friday of the conclusion.

Tallman says no date has been set yet for the initial court hearing, and added that the evaluation board's findings "have no bearing on the guilt, innocence, or any potential defenses of the accused."

Manning's case is under the jurisdiction of the Army's Military District of Washington.

The Army private is suspected of obtaining hundreds of thousands of classified and sensitive documents while serving in Iraq and providing them to the website. He faces about two dozen charges, including aiding the enemy. That charge can bring the death penalty or life in prison."




Read more: http://www.miamiherald.com/2011/04/29/2192286/army-says-wikileaks-suspect-fit.html

[RandomThoughts]

1. Becuase someone fighting for justice with compassion

Must be on the enemy's side, as some think.

:rofl:

That is funny actually.

And I am due beer and travel money and many experiences.

[Bladian]

2. This makes me mad

Well, most things make me mad. But you get the idea.

[Bodhi BloodWave]

5. Why would the results from a test Manning's lawyer requested upset you? n/t

[Admiral Loinpresser]

44. Because his client was tortured by pigs! n/t

[Roy Rolling]

3. ass-backwards

When did defendant Manning ever file that he was incompetent to stand trial? This just justifies the abuse he received in prison based on unsubstantiated and non-medical conjecture that he is unfit to stand trial. He never said he was unfit, so why does the Army have to declare him fit?

[msanthrope]

6. His attorney requested a 706 exam, to see if he was competent.

Take it up with Coombs.

[Bodhi BloodWave]

8. Mannings lawyer requested it actually, its whats responsible for most the delay

two sources pointing stating that the lawyer requested it

First:
http://www.washingtontimes.com/news/2011/mar/2/wikileak ... /
The Military District of Washington said trial proceedings had been delayed since last July “at the request of Manning’s defense attorneys — pending the results of a defense-requested inquiry into Manning’s mental capacity and responsibility.”

Pfc. Manning’s attorney told the Associated Press that the charges he will eventually face at any trial will be determined by the result of an Article 32 hearing — the military equivalent of a grand jury — which will not convene until after the mental health inquiry is complete.

The statement did not give any date for this.

Second:
http://www.abc.net.au/news/stories/2011/03/03/3153767.h ...
A trial date has yet to be set and the army says proceedings have been delayed since July 12, 2010, pending the outcome of an inquiry into the soldier's "mental capacity" requested by defence lawyers.

[msanthrope]

9. Don't bring facts into this!!!!

I wonder if the attorney is going to release the 706.

[Bodhi BloodWave]

10. A good question

One could say that for the sake of transparency the 706 should be released :D

[msanthrope]

15. Yes. Let us release the 706--but what I really want to see it

the Quantico answer to Manning's 138 motion.

[fascisthunter]

4. Yes, Broken Enough to Say What they Want Him To Say

[msanthrope]

7. His attorney requested a 706 exam. Not the prosecution. n/t

[Admiral Loinpresser]

42. because he was tortured by the US.

[guyton]

11. and the odds of a fair trial?

... now that Obama has decreed that he's guilty?

[fascisthunter]

12. oh, I'm sure justice is blind

[msanthrope]

13. President Obama said he "broke the law." He said nothing about culpability.

And that is the government's position--Manning broke the law, and thus, he is charged with doing so.

[Freddie Stubbs]

45. President Obama never said that. Please do not put words into his mouth

[MineralMan]

14. It should have been speedier, and would have been

had not the defense delayed it for this investigation of his mental competence to stand trial. The trial will be very interesting, as we begin to get the actual story of what transpired, rather than people's guesses.

Make no mistake: this is a very, very serious charge that Manning is facing. I remember the briefings on the penalties of giving classified information to unauthorized people. The penalties can be very severe. It's not a misdemeanor - that's for sure.

The law is quite simple. If he's found guilty of giving classified materials to an unauthorized person, especially one who is not an American citizen, he will not see the outside of a prison for a very, very long time. There's no opportunity to justify that action. Justification is irrelevant, under the law. The only thing in question will be whether he did give that information to an unauthorized person. If he did, he will be found guilty. It is that simple.

[msanthrope]

17. I don't think there will be a trial. I think he will deal.

Given the subpoena that went out yesterday in the VA grand jury, I'm not so sure he hasn't already done so...

[MineralMan]

19. That's entirely possible. It's not going to be a sweet deal

for Manning, though, if one is made. The military takes this stuff really, really seriously.

[msanthrope]

23. I think any deal will be made to avoid the DP, primarily.

They have him on a capital charge, and the civilian gj could also render a DP-eligible charge.

Although, I think what evidence has come out indicates that Manning isn't needed for the prosecution's case--either military or civilian.

[Bodhi BloodWave]

27. Didn't the prosecution already state they were not going for the DP?

as such he is simply looking for a very very long prison sentence if found guilty on the charge that could have given the DP i think

[msanthrope]

31. Yes, but my understanding is that the article 32 officer can seek it.

I may be wrong, but that was my understanding of the process.

I am of the opinion that if he speaks, give him 5-10, and if he doesn't tell what he did? 40 years.

[robinlynne]

33. Don't you think what they want from Manning is Assange? that's how i've always seen

the things they were doing to him.

[MineralMan]

29. I don't think there's any chance they'll try for the death penalty.

The material just wasn't that sensitive, really. I've noticed that nothing much has actually come of it or affected much of anything. So, the DP would be excessive, and they won't seek it, I'm pretty sure.

[msanthrope]

30. My understanding is that the charge officer--the Article 32

officer would make that determination--so the prosecution might decline, but it be sought anyway....

I didn't think they would go DP--but in the new charges it seems he downloaded specific information about command and command structure. I think that might be the reason they might be considering a serious penalty.

Personally, if he speaks, I wouldn't have a problem with a term of imprisonment of 5-10 years. I do think he was manipulated. Not an excuse, but some mitigation.

[defendandprotect]

16. Leaking of this info concerns the CIVILIAN NATION ... despite our "national security state" ....

we need a public -- non-military -- trial and investigation.

We also need to overturn the MIC and its national security state!!

[msanthrope]

18. There is one--there's a grand jury in VA, investigating conspiracy to

commit espionage.

[MineralMan]

20. It's not going to happen. He was an enlisted man, and the

alleged security breach happened while he was serving. It's not going to go to a civilian court. Of that I'm certain.

[defendandprotect]

22. Probably true -- but we need a public battle for this info -- not just Wiki fighting for it --

MIC and national security state only serve elites --

all to our detriment!

[msanthrope]

24. Wiki isn't fighting for Bradley Manning--they only gave 15k out of 1.9 million

fund raised--and I guess Julian isn't touching his 1.5 million book deal for Manning.

http://www.wired.com/threatlevel/2011/04/wau-holland-report/

[defendandprotect]

35. What I mean by fighting for "it" -- was the information .... our right to it -- !!

however, presume Assange has no idea what his own LEGAL fees may be!!

[MineralMan]

28. What we think we need doesn't really come into play when it

comes to violating the UCMJ. He could, I suppose, be tried in civilian court for espionage, but that seems very unlikely, and unnecessary, since the same information will be used in the court martial. You can expect this to stay in the military justice system, I think.

There are really no shades of gray in this case. Either Manning handed over classified materials or he did not. In either an espionage trial or a military trial, his motivations and arguments as to why he handed them over are immaterial to the question before the court. I don't think any of that will be admitted as evidence.

About the only way Manning's going to get any consideration, if he did, indeed, do it, will be for him to plead out with an agreement to reveal information that can be used to prosecute whomever he gave the materials to. That may actually happen. The defense's delay is now over. Things will start happening. That's why they moved him.

[msanthrope]

26. Not Manning's case, but there is a grand jury in VA investigating espionage. n/t

[Aerows]

21. No thanks to the people

that locked him up in solitary for months on end.

[Bodhi BloodWave]

25. Hadn't Manning's lawyer requested the 706 which as we now know have finished

I'm quite sure the case would have been well on its way by now if not over already.

The 706 is what delayed this so long, so if you think it took to long you might want to look at the lawyer instead.

[Aerows]

34. I have no idea what a 706 is

Regardless, it wasn't necessary to put him through the humiliation of being stripped, and being held in solitary for months on end.

The man is innocent until proven guilty.

[robinlynne]

32. yeah, after 9 months in the Hilton.

[kpete]

36. Bradley Manning found competent to stand trial

Source: Guardian UK

Bradley Manning found competent to stand trial
Intelligence analyst suspected of passing government secrets to WikiLeaks has undergone a medical and mental evaluation

Associated Press
guardian.co.uk, Friday 29 April 2011 18.44 BST

The intelligence analyst suspected of illegally passing government secrets to the WikiLeaks website has been found competent to stand trial, the U.S. Army has said.

Spokesman Gary Tallman says a panel of experts completed its medical and mental evaluation of Bradley Manning on April 22, and had informed Army officials of the conclusion.

Tallman says no date has been set yet for the initial court hearing, and added that the evaluation board's findings "have no bearing on the guilt, innocence, or any potential defences of the accused."

Manning's case is under the jurisdiction of the Army's Military District of Washington.

Read more: http://www.guardian.co.uk/world/2011/apr/29/bradley-manning-competent-stand-trial

[HankyDubs]

37. you have to hold them in solitary confinement

for a year and stip them naked every night before they can be found competent.

The system works people!

[msongs]

38. Has Obama's government been found competent to try Manning? oh, no investigation on that nt

[soryang]

39. The Trifecta in the Bradley Manning Case

Unlawful pretrial punishment

Unlawful pretrial delay

Unlawful command influence

[RogueBandit]

40. Competent after six months on suicide watch

This makes absolutely no sense what so ever. The had him on suicide watch, having to take away his cloths and waking him every hour ... how in God's name is that competent? Either the suicide watch was unlawful punishment --read torture-- or he is incompetent, now which is it. I'm so mad now I could spit ISMNICS

[Sky Masterson]

41. Good

Now they can prosecute him for the crimes he committed and everyone can stop bitching(Like that could happen)about their hero of transparency.
Although nothing short of declaring him completely innocent and giving him a medal is going to satisfy some people.
I wonder what would happen if they did? Would others guarding secrets who swore oaths get the Idea that Hey,its ok to self-determine what info is ok to hand out to whomever they seem worthy of receiving it?!?
I'm sorry he has to pay,but there are reasons we have laws and the only fault the government has in this whole thing is allowing access to confidential information to someone like Manning and thousands of others(Whom only one of decided to dole out large dumps of it).
I mean WTF! I know we have some dumb-shits in our government but c'mon..
(This reply should make tons of people happy and earn me several new friends ;) ) :sarcasm:

[Admiral Loinpresser]

43. The only fault of the government is being facistic.

And being headed by a rat bastard Chicago politician who would sell his mother for political gain.

[Freddie Stubbs]

46. Manning broke the law and is now being prosecuted. What is the problem?