Saturday, November 07, 2015

Send The Following Message (Or Write Your Own) To The President In Support Of A Pardon For Private Manning

****Send The Following Message (Or Write Your Own) To The President In Support Of A Pardon For Private Manning

To: President Barack Obama
White House
1600 Pennsylvania Avenue
Washington, D.C. 20500

The draconian 35 years sentence handed down by a military judge, Colonel Lind, on August 21, 2013 to Private Manning (Chelsea formerly known as Bradley) has outraged many citizens including me. (A decision upheld by the Convening Officer of the First District, General Buchanan in early 2014. The defense team is now preparing a full-blown brief to be presented to Army Court Of Military Appeals when ready.)

Under Article II, Section II of the U.S. Constitution the President of the United States had the authority to grant pardons to those who fall under federal jurisdiction.
Some of the reasons for my request include: 
*that Private Manning  was held for nearly a year in abusive solitary confinement at the Marine base at Quantico, Virginia, which the UN rapporteur in his findings has called “cruel, inhuman, and degrading”

*that the media had been continually blocked from transcripts and documents related to the trial and that it has only been through the efforts of Private Manning’s supporters that any transcripts exist.

*that under the UCMJ a soldier has the right to a speedy trial and that it was unconscionable and unconstitutional to wait 3 years before starting the court martial.

*that absolutely no one was harmed by the release of documents that exposed war crimes, unnecessary secrecy and disturbing foreign policy.

*that Private Manning is a hero who did the right thing when she revealed truth about wars that had been based on lies.

I urge you to use your authority under the Constitution to right the wrongs done to Private Manning – Enough is enough!

Signature ___________________________________________________________

Print Name __________________________________________________________

Address_____________________________________________________________

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Note that this image is PVT Manning's preferred photo.




Note that this image is PVT Manning’s preferred photo.
C_Manning_Finish (1)




 
Updated-September 2015  

A while back, maybe a year or so ago, I was asked by a fellow member of Veterans For Peace at a monthly meeting in Cambridge about the status of the case of Chelsea Manning since he knew that I had been seriously involved with publicizing her case and he had not heard much about the case since she had been convicted in August 2013 (on some twenty counts including several Espionage Act counts, the Act itself, as it relates to Chelsea and its constitutionality will be the basis for one of her issues on appeal) and sentenced by Judge Lind to thirty-five years imprisonment to be served at Fort Leavenworth in Kansas. (She had already been held for three years before trial, the subject of another appeals issue and as of May 2015 had served five years altogether thus far and will be formally eligible for parole in the not too distant future although usually the first parole decision is negative).

That had also been the time immediately after the sentencing when Private Manning announced to the world her sexual identity and turned from Bradley to Chelsea. The question of her sexual identity was a situation than some of us already had known about while respecting Private Manning’s, Chelsea’s, and those of her ardent supporters at Courage to Resist and elsewhere the subject of her sexual identity was kept in the background so the reasons she was being tried would not be muddled and for which she was savagely fighting in her defense would not be warped by the mainstream media into some kind of identity politics circus.

I had responded to my fellow member that, as usual in such super-charged cases involving political prisoners, and there is no question that Private Manning is one despite the fact that every United States Attorney-General including the one in charge during her trial claims that there are no such prisoners in American jails only law-breakers, once the media glare of the trial and sentencing is over the case usually falls by the wayside into the media vacuum while the appellate process proceed on over the next several years.

At that point I informed him of the details that I did know. Chelsea immediately after sentencing had been put in the normal isolation before being put in with the general population at Fort Leavenworth. She seemed to be adjusting according to her trial defense lawyer to the pall of prison life as best she could. Later she had gone to a Kansas civil court to have her name changed from Bradley to Chelsea Elizabeth which the judge granted although the Army for a period insisted that mail be sent to her under her former male Bradley name. Her request for hormone therapies to help reflect her sexual identity had either been denied or the process stonewalled despite the Army’s own medical and psychiatric personnel stating in court that she was entitled to such measures.

At the beginning of 2014 the Commanding General of the Military District of Washington, General Buchanan, who had the authority to grant clemency on the sentence part of the case, despite the unusual severity of the sentence, had denied Chelsea any relief from the onerous sentence imposed by Judge Lind.

Locally on Veterans Day 2013, the first such event after her sentencing we had honored Chelsea at the annual VFP Armistice Day program and in December 2013 held a stand-out celebrating Chelsea’s birthday (as we did in December 2014 and will do again this December of 2015).  Most important of the information I gave my fellow VFPer was that Chelsea’s case going forward to the Army appellate process was being handled by nationally renowned lawyer Nancy Hollander and her associate Vincent Ward. Thus the case was in the long drawn out legal phase that does not generally get much coverage except by those interested in the case like well-known Vietnam era Pentagon Papers whistle-blower Daniel Ellsberg, various progressive groups which either nominated or rewarded her with their prizes, and the organization that has steadfastly continued to handle her case’s publicity and raising financial aid for her appeal, Courage to Resist (an organization dedicated to publicizing the cases of other military resisters as well).   
 

At our February 2015 monthly meeting that same VFPer asked me if it was true that as he had heard the Army, or the Department of Defense, had ordered Chelsea’s hormone therapy treatments to begin. I informed him after a long battle, including an ACLU suit ordering such relief, that information was true and she had started her treatments a month previously. I also informed him that the Army had thus far refused her request to have an appropriate length woman’s hair-do. On the legal front the case was still being reviewed for issues to be presented which could overturn the lower court decision in the Army Court Of Criminal Appeals by the lawyers and the actual writing of the appeal was upcoming. A seemingly small but very important victory on that front was that after the seemingly inevitable stonewalling on every issue the Army had agreed to use feminine or neutral pronoun in any documentation concerning Private Manning’s case. The lawyers had in June 2014 also been successful in avoiding the attempt by the Department of Defense to place Chelsea in a civil facility as they tried to foist their “problem” elsewhere.

On the political front Chelsea continued to receive awards, and after a fierce battle in 2013 was finally in 2014 made an honorary grand marshal of the very important GLBTQ Pride Parade in San Francisco (and had a contingent supporting her freedom again in the 2015 parade). Recently she has been given status as a contributor to the Guardian newspaper, a newspaper that was central to the fight by fellow whistle-blower Edward Snowden, where her first contribution was a very appropriate piece on what the fate of the notorious CIA torturers should be, having herself faced such torture down in Quantico adding to the poignancy of that suggestion. More recently she has written articles about the dire situation in the Middle East and the American government’s inability to learn any lessons from history and a call on the military to stop the practice of denying transgender people the right to serve. (Not everybody agrees with her positon in the transgender community or the VFP but she is out there in front with it.) 

[Maybe most important of all in this social networking, social media, texting world of the young (mostly) Chelsea has a twitter account- @xychelsea

 
Locally over the past two year we have marched for Chelsea in the Boston Pride Parade, commemorated her fourth year in prison last May [2014] and the fifth this year with a vigil, honored her again on Armistice Day 2014, celebrated her 27th birthday in December with a rally (and will again this year on her 28th birthday).

More recently big campaigns by Courage To Resist and the Press Freedom Foundation have almost raised the $200, 000 needed (maybe more by now) to give her legal team adequate resources during her appeals process (first step, after looking over the one hundred plus volumes of her pre-trial and trial hearings, the Army Court Of Criminal Appeal)

Recently although in this case more ominously and more threateningly Chelsea has been charged and convicted of several prison infractions (among them having a copy of the now famous Vanity Fair with Caitlyn, formerly Bruce, Jenner’s photograph on the cover) which could affect her parole status and other considerations going forward.     

We have continued to urge one and all to sign the on-line Amnesty International petition asking President Obama to grant an immediate pardon as well as asking that those with the means sent financial contributions to Courage To Resist to help with her legal expenses.

After I got home that night of the meeting I began thinking that a lot has happened over the past couple of years in the Chelsea Manning case and that I should made what I know more generally available to more than my local VFPers. I do so here, and gladly. Just one more example of our fervent belief that as we have said all along in Veterans for Peace and elsewhere- we will not leave our sister behind… More later.              
 
Markin comments (Winter 2014):   

There is no question now that Chelsea Manning’s trial, if one can called what took place down in Fort Meade a trial in the summer of 2013 rather than a travesty, a year after her conviction on twenty plus counts and having received an outrageous thirty-five year sentence essentially for telling us the truth about American atrocities and nefarious actions in Iraq, Afghanistan and wherever else the American government can stick its nose that her case has dropped from view. Although she occasionally gets an Op/Ed opportunity, including in the New York Times, a newspaper which while recoiling at the severity of the sentence in the immediate reaction did not question the justice of the conviction, and has several legal moves going from action to get the necessary hormonal treatments reflecting her real sexual identity (which the Army has stonewalled on and which even the New York Times has called for implementing) to now preparing the first appeal of her conviction to another military tribunal the popular uproar against her imprisonment has become a hush. While the appeals process may produce some results, perhaps a reduction in sentence, the short way home for her is a presidential pardon right now. I urge everybody to Google Amnesty International and sign on to the online petition to put the pressure on President Barack Obama for clemency.                   

I attended some of the sessions of Chelsea Manning’s court-martial in the summer of 2013 and am often asked these days in speaking for her release about what she could expect from the various procedures going forward to try to “spring” her from the clutches of the American government, or as I say whenever I get the chance to “not leave our buddy behind” in the time-honored military parlance. I have usually answered depending on what stage her post-conviction case is in that her sentence was draconian by all standards for someone who did not, although they tried to pin this on her, “aid the enemy.” Certainly Judge Lind though she was being lenient with thirty-five years when the government wanted sixty (and originally much more before some of the counts were consolidated). The next step was to appeal, really now that I think about it, a pro forma appeal to the commanding general of the Washington, D.C. military district where the trial was held. There were plenty of grounds to reduce the sentence but General Buchanan backed up his trial judge in the winter of 2014. Leaving Chelsea supporters right now with only the prospect of a presidential pardon to fight for as the court appeals are put together which will take some time. This is how I put the matter at one meeting:

“No question since her trial, conviction, and draconian sentence of thirty-five years imposed by a vindictive American government heroic Wiki-leaks whistle-blower Chelsea Manning’s has fallen off the radar. The incessant news cycle which has a short life cycle covered her case sporadically, covered the verdict, covered the sentencing and with some snickers cover her announcement directly after the sentencing that she wanted to live as her true self, a woman. (A fact that her supporters were aware of prior to the announcement but agreed that the issue of her sexual identity should not get mixed up with her heroic actions during the pre-trial and trial periods.) Since then despite occasional public rallies and actions her case had tended, as most political prisoner cases do, to get caught up in the appeals process and that keeps it out of the limelight.”            

Over the past year or so Chelsea Manning has been honored and remembered by the Veterans For Peace, Smedley Butler Brigade in Boston in such events as the VFP-led Saint Patrick’s Day Peace Parade, the Memorial Day anti-war observance, the yearly Gay Pride Parade, the Rockport July 4th parade, the VFP-led Veterans Day Peace Parade, and on December 17th her birthday. We have marched with a banner calling for her freedom, distribute literature about her case and call on one and all to sign the pardon petitions. The banner has drawn applause and return shouts of “Free Chelsea.” The Smedley Butler Brigade continues to stand behind our sister. We will not leave her behind. We also urge everybody to sign the Amnesty International on-line petition calling on President Obama to use his constitutional authority to pardon Chelsea Manning

http://www.amnesty.org/en/news/usa-one-year-after-her-conviction-chelsea-manning-must-be-released-2014-07-30  

Additional Markin comment on his reasons for supporting Chelsea Manning:

I got my start in working with anti-war GIs back in the early 1970s after my own military service was over. After my own service I had felt a compelling need to fight the monster from the outside after basically fruitless and difficult efforts inside once I got “religion” on the war issue first-hand. That work included helping create a couple of GI coffeehouses near Fort Devens in Massachusetts and down at Fort Dix in New Jersey in order for GIs to have a “friendly” space in which to think through what they wanted to do in relationship to the military.

Some wanted help to apply for the then tough to get discharge for conscientious objection. Tough because once inside the military, at least this was the way things went then, the military argued against the depth of the applying soldier’s convictions and tended to dismiss such applications out of hand. Only after a few civil court cases opened up the application process later when the courts ruled that the military was acting arbitrarily and capriciously in rejecting such applications out of hand did things open up a little in that channel. Others wanted to know their rights against what they were told by their officers and NCOs. But most, the great majority, many who had already served in hell-hole Vietnam, wanted a place, a non-military place, a non-GI club, where they could get away from the smell, taste, and macho talk of war.

Although there are still a few places where the remnants of coffeehouses exist like the classic Oleo Strut down at Fort Hood in Texas the wars of the past decade or so has produced no great GI resistance like against the Vietnam War when half the Army in America and Vietnam seemed to be in mutiny against their officers, against their ugly tasks of killing every “gook” who crossed their path for no known reason except hubris, and against the stifling of their rights as citizens. At one point no anti-war march was worthy of the name if it did not have a contingent of soldiers in uniform leading the thing. There are many reasons for this difference in attitude, mainly the kind of volunteer the military accepts but probably a greater factor is that back then was the dominance of the citizen-soldier, the draftee, in stirring things up, stirring things up inside as a reflection of what was going on out on the streets and on the campuses. I still firmly believe that in the final analysis you have to get to the “cannon fodder,” the grunts, the private soldier if you want to stop the incessant war machine. Since we are commemorating, if that is the right word the 100th anniversary of the start of World War I check out what happened, for example, on the Russian front when the desperate soldiers left the trenches during 1917 after they got fed up with the Czar, with the trenches, with the landlords, and the whole senseless mess.

Everyone who has the least bit of sympathy for the anti-war struggles of the past decade should admire what Chelsea Manning has done by her actions releasing that treasure trove of information about American atrocities in Iraq and elsewhere. She has certainly paid the price for her convictions with a draconian sentence. It is hard to judge how history will record any particular heroic action like hers but if the last real case with which her action can be compared with is a guide, Daniel Ellsberg and The Pentagon Papers, she should find an honored spot. Moreover Chelsea took her actions while in the military which has its own peculiar justice system. Her action, unlike back in Vietnam War times, when the Army was half in mutiny was one of precious few this time out. Now that I think about she does not have to worry about her honored place in history. It is already assured. But just to be on the safe side let’s fight like hell for her freedom. We will not leave our sister Chelsea behind.              


 

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