Tuesday 26th of November 2024

searching for a conscience .....

searching for a conscience .....

More than 250 of America's most eminent legal scholars have signed a letter protesting against the treatment in military prison of the alleged WikiLeaks source Bradley Manning, contesting that his "degrading and inhumane conditions" are illegal, unconstitutional and could even amount to torture.

The list of signatories includes Laurence Tribe, a Harvard professor who is considered to be America's foremost liberal authority on constitutional law. He taught constitutional law to Barack Obama and was a key backer of his 2008 presidential campaign.

Tribe joined the Obama administration last year as a legal adviser in the justice department, a post he held until three months ago.

He told the Guardian he signed the letter because Manning appeared to have been treated in a way that "is not only shameful but unconstitutional" as he awaits court martial in Quantico marine base in Virginia.

The US soldier has been held in the military brig since last July, charged with multiple counts relating to the leaking of thousands of embassy cables and other secret documents to the WikiLeaks website.

Under the terms of his detention, he is kept in solitary confinement for 23 hours a day, checked every five minutes under a so-called "prevention of injury order" and stripped naked at night apart from a smock.

Tribe said the treatment was objectionable "in the way it violates his person and his liberty without due process of law and in the way it administers cruel and unusual punishment of a sort that cannot be constitutionally inflicted even upon someone convicted of terrible offences, not to mention someone merely accused of such offences".

The harsh restrictions have been denounced by a raft of human rights groups, including Amnesty International, and are being investigated by the United Nations' rapporteur on torture.

Tribe is the second senior figure with links to the Obama administration to break ranks over Manning. Last month, PJ Crowley resigned as state department spokesman after deriding the Pentagon's handling of Manning as "ridiculous and counterproductive and stupid".

The intervention of Tribe and hundreds of other legal scholars is a huge embarrassment to Obama, who was a professor of constitutional law in Chicago. Obama made respect for the rule of law a cornerstone of his administration, promising when he first entered the White House in 2009 to end the excesses of the Bush administration's war on terrorism.

As commander in chief, Obama is ultimately responsible for Manning's treatment at the hands of his military jailers. In his only comments on the matter so far, Obama has insisted that the way the soldier was being detained was "appropriate and meets our basic standards".

The protest letter, published in the New York Review of Books, was written by two distinguished law professors, Bruce Ackerman of Yale and Yochai Benkler of Harvard. They claim Manning's reported treatment is a violation of the US constitution, specifically the eighth amendment forbidding cruel and unusual punishment and the fifth amendment that prevents punishment without trial.

In a stinging rebuke to Obama, they say "he was once a professor of constitutional law, and entered the national stage as an eloquent moral leader. The question now, however, is whether his conduct as commander in chief meets fundamental standards of decency".

Benkler told the Guardian: "It is incumbent on us as citizens and professors of law to say that enough is enough. We cannot allow ourselves to behave in this way if we want America to remain a society dedicated to human dignity and process of law."

He said Manning's conditions were being used "as a warning to future whistleblowers" and added:

"I find it tragic that it is Obama's administration that is pursuing whistleblowers and imposing this kind of treatment."

Ackerman pointed out that under the Pentagon's own rule book, the Uniform Code of Military Justice, Manning's jailers could be liable to prosecution for abusing him. Article 93 of the code says "any person who is guilty of cruelty toward any person subject to his orders shall be punished".

The list of professors who have signed the protest letter includes leading figures from all the top US law schools, as well as prominent names from other academic fields. Among them are Bill Clinton's former labour secretary Robert Reich, President Theodore Roosevelt's great-great-grandson Kermit Roosevelt, the former president of the American Civil Liberties Union Norman Dorsen and the novelist Kwame Anthony Appiah.

Bradley Manning: top US legal scholars voice outrage at 'torture'

"cuts" all around...

The President Is Missing
By PAUL KRUGMAN


What have they done with President Obama? What happened to the inspirational figure his supporters thought they elected? Who is this bland, timid guy who doesn’t seem to stand for anything in particular?

I realize that with hostile Republicans controlling the House, there’s not much Mr. Obama can get done in the way of concrete policy. Arguably, all he has left is the bully pulpit. But he isn’t even using that — or, rather, he’s using it to reinforce his enemies’ narrative.

His remarks after last week’s budget deal were a case in point.

Maybe that terrible deal, in which Republicans ended up getting more than their opening bid, was the best he could achieve — although it looks from here as if the president’s idea of how to bargain is to start by negotiating with himself, making pre-emptive concessions, then pursue a second round of negotiation with the G.O.P., leading to further concessions.

And bear in mind that this was just the first of several chances for Republicans to hold the budget hostage and threaten a government shutdown; by caving in so completely on the first round, Mr. Obama set a baseline for even bigger concessions over the next few months.

But let’s give the president the benefit of the doubt, and suppose that $38 billion in spending cuts — and a much larger cut relative to his own budget proposals — was the best deal available. Even so, did Mr. Obama have to celebrate his defeat? Did he have to praise Congress for enacting “the largest annual spending cut in our history,” as if shortsighted budget cuts in the face of high unemployment — cuts that will slow growth and increase unemployment — are actually a good idea?

Among other things, the latest budget deal more than wipes out any positive economic effects of the big prize Mr. Obama supposedly won from last December’s deal, a temporary extension of his 2009 tax cuts for working Americans. And the price of that deal, let’s remember, was a two-year extension of the Bush tax cuts, at an immediate cost of $363 billion, and a potential cost that’s much larger — because it’s now looking increasingly likely that those irresponsible tax cuts will be made permanent.

More broadly, Mr. Obama is conspicuously failing to mount any kind of challenge to the philosophy now dominating Washington discussion — a philosophy that says the poor must accept big cuts in Medicaid and food stamps; the middle class must accept big cuts in Medicare (actually a dismantling of the whole program); and corporations and the rich must accept big cuts in the taxes they have to pay. Shared sacrifice!

http://www.nytimes.com/2011/04/11/opinion/11krugman.html?src=ISMR_HP_LO_MST_FB&pagewanted=print

through a shattered looking glass .....

Private Manning has been designated as an appropriate subject for both Maximum Security and Prevention of Injury (POI) detention. But he asserts that his administrative reports consistently describe him as a well-behaved prisoner who does not fit the requirements for Maximum Security detention. The brig psychiatrist began recommending his removal from Prevention of Injury months ago. These claims have not been publicly contested. In an Orwellian twist, the spokesman for the brig commander refused to explain the forced nudity "because to discuss the details would be a violation of Manning's privacy."

The administration has provided no evidence that Manning's treatment reflects a concern for his own safety or that of other inmates. Unless and until it does so, there is only one reasonable inference: this pattern of degrading treatment aims either to deter future whistleblowers, or to force Manning to implicate Wikileaks founder Julian Assange in a conspiracy, or both.

If Manning is guilty of a crime, let him be tried, convicted, and punished according to law. But his treatment must be consistent with the Constitution and the Bill of Rights. There is no excuse for his degrading and inhumane pretrial punishment. As the State Department's P.J. Crowley put it recently, they are "counterproductive and stupid." And yet Crowley has now been forced to resign for speaking the plain truth.

The Wikileaks disclosures have touched every corner of the world. Now the whole world watches America and observes what it does, not what it says.

President Obama was once a professor of constitutional law, and entered the national stage as an eloquent moral leader. The question now, however, is whether his conduct as commander in chief meets fundamental standards of decency. He should not merely assert that Manning's confinement is "appropriate and meet[s] our basic standards," as he did recently. He should require the Pentagon publicly to document the grounds for its extraordinary actions-and immediately end those that cannot withstand the light of day.

Private Manning's Humiliation

meanwhile ....

A United Nations diplomat charged with investigating claims of torture said Monday that he is "deeply disappointed and frustrated" that U.S. defense officials have refused his request for an unmonitored visit with Pfc. Bradley Manning, the Army intelligence analyst accused of passing classified material to WikiLeaks.

Juan E. Mendez, the U.N. special rapporteur on torture, said his request for a private interview with Manning was denied by the Defense Department on Friday. Instead, he has been told that any visit must be supervised.

Mendez has been seeking to determine whether Manning's confinement at a military brig at Quantico amounts to torture, following complaints about his treatment and an incident in which the private was forced to strip in his cell at night and sleep without clothing.

"My request is not onerous: for my part, a monitored conversation would not comply with the practices that my mandate applies in every country and detention center visited," Mendez said in a statement Monday, noting that at least 18 countries have allowed unmonitored interviews.

UN Diplomat Denied Private Meeting With WikiLeaks Suspect Bradley Manning

human wrongs .....

Reporter grills US Department of State Acting Deputy Spokesman Mark Toner during daily press briefing, pointing out the hypocrisy of the US releasing their Human Rights report giving themselves a squeaky clean image, and at the same time denying the UN's Special Rapporteur access to evaluate the condition of Pfc. Bradley Manning.

Is The US Press Waking Up?