Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

bvar22

(39,909 posts)
Sat Aug 24, 2013, 01:54 PM Aug 2013

Chelsea Manning Was No Criminal--- Ben Wizner, ACLU

[font size=1](Title edited as courtesy to Chelsea Manning)[/font]

This is an interesting article by Ben Wizner, Director of ACLU’s Speech, Privacy & Technology Project.

He goes far beyond the details of the Manning persecution, and proposes some good outlines for solutions to the rapidly escalating problems of Government Secrecy and the Persecution of Whistle Blowers.


1: Government employees who expose misconduct should not be punished more severely than those who engage in misconduct.
Among the more blatant injustices of the Manning case is that Manning was prosecuted more intensely, and punished far more harshly, than other soldiers (and their superiors) who authorized and engaged in war crimes, including the torture of prisoners and the killing of civilians. A justice system that “looks forward rather than backward” with respect to grave human rights abuses, while extending no mercy to those who break secrecy rules in good faith, will have serious legitimacy problems, and rightly so.

<snip>

3. The government should have to demonstrate that the leaked information had been properly withheld form the public.
Rampant overclassification of information about critically important government activities is a chronic and widely recognized problem. Against that backdrop, criminal liability for leakers can’t rest exclusively on a classification decision made by an intelligence community bureaucrat; a judge and jury must be able to consider whether the information had been withheld from the public for legitimate security reasons.

<snip>

5. The government should be consistent in its enforcement of criminal laws against leaking.
<snip>
Even while the Obama administration has brought an unprecedented number of leak prosecutions, it has simultaneously provided favored reporters with vast amounts of classified information for the production of news reports and books that further its preferred narrative. [font size=3]When the government chooses to prosecute only disfavored leaks, while systematically failing to pursue many hundreds of leaks that advance its interests, it loses even more legitimacy.[/font]

Now apply these principles to Manning’s leaks. Isn’t it clear that a sentence of 35 years is manifestly excessive? It’s beyond serious debate that Manning’s disclosures included information of enormous public significance. The world’s leading newspapers, which received the documents, could have returned them to the government; instead, they published them on their front pages, exposing previously concealed evidence of civilian deaths in Iraq and Afghanistan, U.S. efforts to quash European criminal investigations into CIA rendition and torture, U.S. involvement in drone strikes in Yemen, and many other matters of global concern. And, notwithstanding accusations from government officials that Manning had “blood on his hands” as a result of the disclosures, the government’s evidence did not match its rhetoric; [font size=3] it conceded during the trial that it could not link a single death to Manning’s disclosures.[/font]

<more>

http://www.politico.com//story/2013/08/bradley-manning-was-no-criminal-95820.html



While many, myself included, have no problem identifying the growing problems of Government Secrecy and Whistle Blower Persecution,
discussions of SOLUTIONS have been rare or non-existent.

I found the 5 broad solutions presented by Mr Wizner to be thought provoking,
and worthy of serious consideration.

At the very least, I hope that the information in the last paragraph will bring an end to two FALSEHOODS that persist at DU:

Falsehood 1: Old Information. Everybody already knew.
or, in its other disguise, Manning is No Whistle Blower
"It’s beyond serious debate that Manning’s disclosures included information of enormous public significance.
*previously concealed evidence of civilian deaths in Iraq and Afghanistan,

*U.S. efforts to quash European criminal investigations into CIA rendition and torture

* U.S. involvement in drone strikes in Yemen

*many other matters of global concern"



Falsehood 2: Manning has blood on her hands
"the government’s evidence did not match its rhetoric; it conceded during the trial that it could not link a single death to Manning’s disclosures."


The fact that these two demonstrably false talking points persist here is an embarrassment to DU.



[font color=firebrick size=3][center]"If we don't fight hard enough for the things we stand for,
at some point we have to recognize that we don't really stand for them."

--- Paul Wellstone[/font]
[/center]
[center][/font]
[font size=1]photo by bvar22
Shortly before Sen Wellstone was killed[/center]
[/font]

20 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Chelsea Manning Was No Criminal--- Ben Wizner, ACLU (Original Post) bvar22 Aug 2013 OP
Post removed Post removed Aug 2013 #1
Chelsea has always been there. NuclearDem Aug 2013 #5
Hiding behind Bradley railsback Aug 2013 #6
No. NuclearDem Aug 2013 #7
I alerted on your first post. bvar22 Aug 2013 #9
Is. Is, not was. LWolf Aug 2013 #2
That was the title of the atricle by Ben Wizner of the ACLU. bvar22 Aug 2013 #8
I get it. LWolf Aug 2013 #10
K&R Bryn Aug 2013 #3
If the ACLU felt Manning's prosecution unfair, it should have offered legal help struggle4progress Aug 2013 #4
Speaking of flapping gums... 99Forever Aug 2013 #16
Excellent points. LuvNewcastle Aug 2013 #11
Would this be a similar analogy? randome Aug 2013 #12
Here is an analogy PowerToThePeople Aug 2013 #13
That's the way it is. n/t LuvNewcastle Aug 2013 #14
Add to that, Jaywalker gets Murderer's sentence Hydra Aug 2013 #15
Why did she plead guilty then? treestar Aug 2013 #17
After solitary confinement and other conditions that civilized countries designate as "torture", bvar22 Aug 2013 #18
It is not torture to be confined treestar Aug 2013 #19
Not torture?... The torturers from the Bush Administration said the same thing. bvar22 Aug 2013 #20

Response to bvar22 (Original post)

bvar22

(39,909 posts)
9. I alerted on your first post.
Sat Aug 24, 2013, 10:34 PM
Aug 2013

You should pick up a clue,
and self-delete this piece of insensitive, primitive bigotry too.
If you choose to grow up and edit your post,
I will delete this one calling you out.
There is NO PLACE on DU for this divisive, hateful rhetoric.


At Sat Aug 24, 2013, 10:17 PM you sent an alert on the following post:

Bradley is the criminal
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3527541

REASON FOR ALERT:

This post is disruptive, hurtful, rude, insensitive, over-the-top, or otherwise inappropriate. (See <a href="http://www.democraticunderground.com/?com=aboutus#communitystandards" target="_blank">Community Standards</a>.)

YOUR COMMENTS:

This is EXACTLY the kind of post displaying ongoing Transphobic Bigotry at DU that has caused so many problem here.
THis is an embarrassment to DU

A randomly-selected Jury of DU members completed their review of this alert at Sat Aug 24, 2013, 10:26 PM, and voted 5-1 to HIDE IT.

Juror #1 voted to HIDE IT and said: What the alerter said.
Juror #2 voted to HIDE IT and said: There's no need for that here, and its certainly not useful to anyone. If the poster just wants to vent some hatred, there are better ways to do it.
Juror #3 voted to HIDE IT and said: Transphobia has no place here.
Juror #4 voted to LEAVE IT ALONE and said: There's a difference between " Transphobic Bigotry " and simply not believing Bradley .
Juror #5 voted to HIDE IT and said: I had a hard time with this one. I hate hate hate the post but at first considered it only "opinion." Then I thought of it from Chelsea Manning's perspective and discovered that it does fit "hateful" and also "rude and insensitive" so after checking carefully a definitely vote to HIDE IT.
Juror #6 voted to HIDE IT and said: No explanation given

Thank you.

bvar22

(39,909 posts)
8. That was the title of the atricle by Ben Wizner of the ACLU.
Sat Aug 24, 2013, 10:14 PM
Aug 2013

I used some editorial license to change "Bradley Manning" to "Chelsea Manning",
so I chose NOT to use quotation marks in the thread title,
but I would have said "is" too had it been left up to me.




LWolf

(46,179 posts)
10. I get it.
Sun Aug 25, 2013, 09:11 AM
Aug 2013

That first read, though, I thought I'd be reading that, after everything else, she had somehow died.

I'm probably the only one who interpreted it that way. I was relieved to read on and be wrong.

struggle4progress

(118,295 posts)
4. If the ACLU felt Manning's prosecution unfair, it should have offered legal help
Sat Aug 24, 2013, 05:32 PM
Aug 2013

That's why Roger Baldwin founded the organization: to stand up for the Bill of Rights in court

Wizner is pointlessly flapping his gums

I throw some money to the ACLU when I can afford to, because I think constant litigation to safeguard and expand rights is a good thing



 

randome

(34,845 posts)
12. Would this be a similar analogy?
Sun Aug 25, 2013, 10:13 AM
Aug 2013

Someone robbed a convenience store and the surveillance camera footage used to convict him showed another crime being committed in the background.

Should the robber be freed because his crime revealed another crime?

I don't really see the difference. You break the law, you pay the consequences.
[hr][font color="blue"][center]Don't ever underestimate the long-term effects of a good night's sleep.[/center][/font][hr]

Hydra

(14,459 posts)
15. Add to that, Jaywalker gets Murderer's sentence
Sun Aug 25, 2013, 12:40 PM
Aug 2013

And everyone is not so subtly told not to report murders or they will get the same.

treestar

(82,383 posts)
17. Why did she plead guilty then?
Sun Aug 25, 2013, 03:08 PM
Aug 2013

And if she did not use the avenues available first, why should that not be taken into account?

bvar22

(39,909 posts)
18. After solitary confinement and other conditions that civilized countries designate as "torture",
Sun Aug 25, 2013, 05:16 PM
Aug 2013

the Prosecution is very good at making it seem like the best way to Just Make It STOP is by copping a plea,
but you already know that if you live in 21st Century America.

treestar

(82,383 posts)
19. It is not torture to be confined
Sun Aug 25, 2013, 10:02 PM
Aug 2013

pending trial when a court duly decided you are a flight risk or you can't make bail.

And don't threaten suicide if the steps taken to make sure you live are "torture."

bvar22

(39,909 posts)
20. Not torture?... The torturers from the Bush Administration said the same thing.
Sun Aug 25, 2013, 10:20 PM
Aug 2013
[font size=3]"Bradley Manning's treatment was cruel and inhuman, UN torture chief rules[/font]
http://www.theguardian.com/world/2012/mar/12/bradley-manning-cruel-inhuman-treatment-un


"How the US Military Tortured Bradley Manning"
http://www.dailykos.com/story/2012/12/01/1166253/-The-Torture-Techniques-Used-on-Bradley-Manning#

You, of course, are free to stand WITH the Torturers.
You will be known by the company you keep.




You will know them by their [font size=3]WORKS.[/font]
Latest Discussions»General Discussion»Chelsea Manning Was No Cr...