Free Bradley Manning!

Judge refuses to dismiss Aiding the Enemy and Computer Fraud charges against Manning: trial report, day 19

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By Nathan Fuller, Bradley Manning Support Network. July 18, 2013.

Defense lawyer David Coombs and Pfc. Bradley Manning, drawn by Debra Van Poolen

Ruling on two defense motions to direct not-guilty verdicts, Judge Denise Lind refused to throw out the ‘aiding the enemy’ and Computer Fraud charges against Pfc. Bradley Manning. The defense filed the motions at the conclusion of the government’s case, before it began with its own witnesses, arguing that the government had failed to provide evidence to support its charges. Rules for Court Martial instruct the judge for this type of motion to view the evidence in a light most favorable to the prosecution. The judge ruled that the evidence the government provided was sufficient to not throw out the charges at this time, but at her final verdict she will weigh both government and defense evidence and could still find Manning not guilty.
Judge Lind said that the prosecution established that in his training as an intelligence analyst, Manning learned that the enemy uses the Internet to attempt to obtain classified information and to keep such information secret. He plotted U.S. military activity, she said the government proved, and knew that the enemy would attempt to do the same. That evidence, she ruled, could tend to establish that Manning knew he was dealing with the enemy. (See here for why that evidence is weak, circumstantial, and therefore could set an extremely dangerous precedent.)
For the computer fraud charge, she ruled that the government established that Manning used unauthorized software (the automated downloading program Wget), and that her court instructions dictate that restrictions on access include “manner of access.” This evidence was enough, when viewed (per her instructions) in a light most favorable to the government, to not dismiss the charge at this time.
Stealing government property charges
The parties then litigated the defense’s other to motions to direct not-guilty verdicts, on the charges that Manning stole government property. The defense argues, as laid out here, that the government mischarged Manning in saying that he stole “databases” instead of saying the stole copies of some of the records in a database and the information contained within.
The first distinction is that Manning took copies, not original records, and therefore never deprived the government of the information. The second is that Manning stole records, and the information within, not the full databases themselves. He didn’t take the infrastructure that makes the database searchable and interconnected, so when the government worked to establish the value (the federal statute requires the stolen property be worth more than $1,000) of the database and cost of producing it, they were proving what they charged but not what Manning ever had in his possession. Defense lawyer David Coombs used the analogy of stealing merchandise from WalMart: if he stole a sweater, he wouldn’t be charged with stealing WalMart. Even if he took all of the merchandise in WalMart, he wouldn’t be charged with stealing the bricks and mortar of the store, and the value of the employees wouldn’t be used to prove the charge, as the government has essentially done in this case.
The government contends that it charged correctly, and that information contained in a record is inherent within that record. Prosecutor Capt. Von Elton said that charging Manning with a “thing of value” put him on notice that he would be charged with the information within. He also said that the distinction regarding “copies” doesn’t apply, because digital records can exist in multiple locations simultaneously, which the defense disagreed with thereafter.
Recess, rebuttal
The government recalled defense witness Chief Warrant Officer Joshua Ehersman to testify about his memory of which types of programs and files soldiers were authorized to install on or run from their work computers. He said he’d tried to install programs but didn’t have administrative privileges to do so, and he ran them from a CD while waiting for contractor Jason Milliman to install them for him.
The defense established that other soldiers used music, movies, and games, and that Milliman, as a civilian, didn’t have authority over soldiers’ use.
The government then recalled Milliman, who said that there was no physical restriction from running an unauthorized program on the work computers from a CD. The defense established that he was somewhat lax about using programs: if an unauthorized program was used and didn’t interfere with other programs or files, it was generally allowed.
This all goes to whether Manning’s use of Wget, with which he automated downloading of State Dept. cables, was authorized, and whether such use constitutes exceeding his unauthorized access.
Now Special Agent David Shaver is on the stand.
I’ll update this post again later today.

 

Bradley Manning: Aiding the Enemy Charge Sticks

by Stephen Lendman

Manning's an American hero. He's no criminal. He's being hung out to dry wrongfully. It's for doing the right thing. He's a 2013 Nobel Peace Prize Nominee.

He exposed US lawlessness. He spoke truth to power. He did so courageously. He challenged American imperial rampaging. Everyone has a right to know.

He's been secretly tried. Kangaroo court military injustice awaits him. It's baked in the cake. Doing so sends a message. It threatens other potential whistleblowers. Stay quiet or be treated like Manning.

He said America's "obsessed with capturing and killing people. Collateral murder" is policy. Human life has no value. Advancing America's imperium is prioritized.

Mass killing and destruction are small prices to pay. America's on a roll. It's heading the wrong way. It's on a fast track toward tyranny. It's virtually full-blown.

It honors its worst. It persecutes its best. Manning's heroic. He faces potential life in prison. It's for doing the right thing. Charges wrongfully include aiding and abetting America's enemies.

Pogo was right saying: "We have met the enemy and he is us." America belongs in the dock, not Manning.

On July 4, defense counsel moved to dismiss seven charges. In early July, military prosecutors rested their case. On July 11, defense lawyers concluded theirs. On July 16, Judge Col. Denise Lind agreed to consider Manning's defense move to dismiss.

They include falsely claiming he committed computer fraud. They said it was by downloading diplomatic cables from the Net-Centric Diplomacy (NCD) database.

Military prosecutors say he violated US statute 18 USC 1030 by "exceeding" his "authorized access" with Wget. It's a program used to automatically download files.

Defense counsel David Coombs said prosecutors want to turn restricted use into an access restriction. It constitutes computer fraud. Manning's absolutely innocent. Claiming otherwise is false.

According to forensic expert David Shaver, Wget doesn't give users more access than otherwise available. It merely changes how downloads obtain information.

Prosecutors conceded that Manning didn't use Wget for firewall circumvention. They said because NCD has no process to export cables in bulk, restrictions are implied.

They claim using Wget constitutes unauthorized access. It's because Manning was able to retrieve cables faster than without it.

Speed and efficiency don't constitute fraud. Legitimately claiming it doesn't wash. More on that below.

Coombs also moved to dismiss aiding the enemy charges. It's because prosecutors presented no credible evidence.

They failed to show Manning had "actual knowledge" that giving WikiLeaks information constituted indirectly aiding the enemy.

At best, said Coombs, prosecutors might have shown Manning had been "negligent" or "should have known" that Al Qaeda or other enemy groups could access WikiLeaks information.

Doing so doesn't aid and/or abet America's enemies. Whether Manning "should have known" something is a slippery slope judgment. It's a dangerously low burden of proof. It's especially so in Manning's case.

It involves potential capital punishment for alleged judgmental errors. No legitimate court would concur. Hanging ones convict by accusation. That alone suffices. Innocence is no defense. Police states operate that way.

Prosecutorial claims about Manning having "actual knowledge" that America's enemies would view WikiLeaks information flies in the face of reality. They're absurd on their face. They don't wash. They stuck.

On July 18, military Judge Lind ignored key facts. She refused to dismiss aiding and abetting America's enemy charges. She rejected Coombs' defense motion to do so.

She did what she was expected to do. Manning's guilty by accusation. Obama did the unconscionable. He interfered with an ongoing trial.

Manning "broke the law," he said. He said so without credible evidence. He hung him out to dry. He pronounced him guilty by accusation.

What military or civil judge would dare overrule the president and commander-in-chief? None hoping to rise to higher judicial or military ranks.

None planning a political career. None planning a business, academic or other professional one. None concerned for their safety.

Perhaps they'd face aiding and abetting America's enemy charges. It bears repeating. Police states operate that way.

Federation of American Scientists expert Steven Aftergood expressed outrage over Obama's comment. It was "not appropriate," he said.

"(I)t assumes Manning is guilty…No one should mistake a charge for a conviction - especially the nation's highest official."

National Institute of Military Justice legal expert Eugene Fidell said:

"Commenting on Manning's conditions of confinement is one thing. I would have strongly advised (Obama) to not comment about Manning's guilt."

Doing so obstructs justice. Manning faced faint hope for justice. Obama's comment assured none. According to Fidell:

It's not that hard to ensure that unlawful command influence hasn't in fact prejudiced the right to a fair trial." Improper Obama comments assured it.

He lied saying he's restricted like Manning. He claimed he must "abide by certain rules of classified information" or be punished.

As president and commander-in-chief, he has legal access to anything he wishes. He can get whatever he wants.

He's a legal scholar. He knows it. He claimed otherwise. Aftergood said he "had a bad day." He "said a number of things that really were not coherent."

He said plenty that was dead wrong. It's typical Obama doublespeak duplicity. It happens with disturbing regularity. It matters most with lives on the line. He dismissively doesn't care.

Aiding the enemy's a capital offense. Prosecutors said they won't pursue it. They want Manning facing life in prison hard time.

They want him enduring Supermax harshness. Perhaps back in isolation longterm. It's for prisoners called "the worst of the worst."

Allegedly they're considered too dangerous for general population circulation. They're for ones America wants punished viciously. Injustice is longstanding policy.

Thousands of political prisoners languish in America's gulag. It's the world's largest by far. It's the shame of the nation. It wants Manning joining other unjustly.

Judge Col. Lind's complicit. She shamelessly claimed her decision was based on Manning's "training and experience and preparation."

She cited the volume of "classified" information he disclosed to WikiLeaks. She said doing so buttressed prosecutorial charges of "knowingly provid(ing) information to the enemy."

She claimed because Manning has access to classified publications, he knows terrorist groups can access online anything made public.

She said he was trained to protect critical information. According to ACLU Speech, Privacy and Technology Project director Ben Wizner:

"The aiding the enemy charge is not only unconstitutional, it is unnecessary."

"The point of charging Manning in this way is to transform what was widely seen around the world as a valuable leak into treason."

"The government purports to criminalize any information that is published somewhere where the enemy can see it."

According to Fidell:

If Manning's convicted, defense counsel "will have an appealable issue that could gain traction."

"The government's case on the (aiding the enemy) charge is circumstantial, and requires proof beyond a reason doubt."

Clear doubt exists. The charge is spurious. It's vicious. It's politically motivated. It doesn't wash. Legitimate judges would reject it.

At issue is finding them. In today's America, it's not easy. For Manning, it may be impossible. It bears repeating.

What judge will overrule the president and commander-in-chief? Who'd be bold enough to do it? Profiles in courage are scarce at all times. Perhaps for Manning, they're nonexistent.

Fidell added:

"Evidence that Pvt. Manning had been briefed on the reasons for security precautions could be key, but I'm not at all convinced the government carried its burden.”

"The sheer volume of the leaked documents does not, to my mind, constitute evidence of intent to aid the enemy."

"The unfortunate result of the judge's ruling is that if the appellate courts disagree with her, there will almost certainly have to be a rehearing on the sentence, and that could drag the case out further."

Harvard Law Professor Yochai Benkler testified for Manning. He called WikiLeaks "a legitimate journalistic organization."

It differs from conventional media in platform only.

"Once you accept that WikiLeaks is a new journalistic organization that can be read by anyone with an Internet connection…that essentially means that any leak to a media organization that can be read by any enemy anywhere in the world becomes automatically aiding the enemy."

Coombs urged Lind not to punish "people for getting information out to the press, to basically put…a hammer down on any whistleblower."

Prosecutors lied claiming bin Laden had access to WikiLeaks information Manning supplied. Impossible.

In December 2001, he died naturally. Major media reported it at the time. Conveniently they forgot. They claimed otherwise.

Obama's Abbottabad, Pakistan raid was a made for media proliferation stunt. It has nothing to do with killing bin Laden. Dead men don't die twice. Not even by presidential order.

Manning's trial began in June. Closing arguments could begin on Friday. Lind alone will rule. She could do so shortly after they end.

Once her verdict is announced, sentencing will follow. Manning pled guilty to 10 lesser charges. On those alone, he faces up to 20 years imprisonment.

At risk is far more than that. Manning faces longterm hard time. He does so unjustly. He deserves high praise for acting responsibly. Police states don't operate that way.

Stephen Lendman lives in Chicago. He can be reached at lendmanstephen@sbcglobal.net.

His new book is titled "Banker Occupation: Waging Financial War on Humanity."

http://www.claritypress.com/LendmanII.html

Visit his blog site at sjlendman.blogspot.com.

Listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network.

It airs Fridays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour

Labor’s Untold Story- A Personal View Of The Class Wars In The Kentucky Hills And Hollows-Hard Times In Babylon-Growing Up Working Poor In The 1950s

Markin comment:

GROWING UP DIRT POOR IN THE 1950’S
Several years ago I wrote a personal commentary about a childhood friend from back in the old neighborhood in North Adamsville where I grew up in the 1950’s who had passed away. I had also at that time been re-reading the then recently deceased investigative journalist David Halberstam’s book, The Fifties, that covers that same basic period. Halberstam’s take on the trends of the period, in contrast to the reality of my own childhood experiences as a child of the working poor that missed most of the benefits of that ‘golden age,’ rekindled some memories, a few painful. It is no exaggeration to say that those were hard times in Babylon. Not so much for individual lacks like a steady (and reliable) family car to break out of the cramped quarters, house on house, where we lived once in a while. Or the inevitable hand-me-down clothes (all the way through high school, almost), or worst the Bargain Center bargains that were no bargains (the local “Wal-Mart” of the day to give you an idea of what I mean). Or even the always house coldness in winter (to save on precious fuel even in those cheap-priced heating oil times) and hotness in summer (ditto, save on electricity so no A/C, or fans).

They, and other such lacks, all had their place in the poor man’s pantheon, no question. No, what, in the end, turned things out badly was the sense of defeat that hung, hung heavily and almost daily over the household, the street, the neighborhood at a time when others, visibly and not so far away, were getting ahead. Some sociologist, some academic sociologist, for, sure, would call it the death of “rising expectations.” And for once they would be right, or at least on the right track. Thinking back on those times has also made me reflect on how the hard anti-communist politics of the period, the “red scare” left people like my parents high and dry, although they were as prone to support it as any American Legionaire. The defeat and destruction of the left-wing movement, principally pro-communist organizations, of that period has continued to leave a mark, and a gaping vacuum on today’s political landscape, and on this writer.

There are many myths about the 1950’s to be sure. However, one cannot deny that the key public myth was that those who had fought World War II and were afterwards enlisted in the anti-Soviet Cold War fight against communism were entitled to some breaks. The overwhelming desire for personal security and comfort on the part of those who had survived the Great Depression and fought the war (World War II just so there is no question about which in the long line of wars we are talking about) was not therefore totally irrational. That it came at the expense of other things like a more just and equitable society is a separate matter. Moreover, despite the public myth not everyone benefited from the ‘rising tide.' The experience of my parents is proof of that. Thus this commentary is really about what happened to those, like my parents, who did not make it and were left to their personal fates without a rudder to get them through the rough spots. Yes, my parents were of the now much ballyhooed and misnamed ‘greatest generation’ but they were not in it.

I will not go through all the details of my parents’ childhoods, courtship and marriage for such biographic details of the Depression and World War II are plentiful and theirs fits the pattern. One detail is, however, important and that is that my father grew up in the hills of eastern Kentucky, Hazard, near Harlan County to be exact, coal mining country made famous in song and story and by Michael Harrington in his 1960s book The Other America. This was, and is, hardscrabble country by any definition. Among whites these “hillbillies” were the poorest of the poor. There can be little wonder that when World War II began my father left the mines to join the Marines, did his fair share of fighting in the Pacific, settled in the Boston area and never looked back.

By all rights my father should have been able to take advantage of the G.I. Bill and enjoyed home and hearth like the denizens of Levittown (New York and elsewhere) described in Halberstam’s book and shown on such classic 1950s television shows as Ozzie and Harriet and Leave It To Beaver. But life did not go that way. Why? He had virtually no formal education. And moreover had three young sons born close together in the immediate post-war period. Furthermore he had no marketable skills usable in the Boston labor market. There was (and is) no call for coal-miners here. My father was a good man. He was a hard-working man; when he was able find work. He was an upright man. But he never drew a break. Unskilled labor, to which he was reduced, is notoriously unstable, and so his work life was one of barely making ends meet. Thus, well before the age when the two-parent working family became the necessary standard to get ahead, my mother went to work to supplement the family income. She too was an unskilled laborer. Thus, even with two people working we were always “dirt poor.” I have already run through enough of the litany of lacks to give an idea of what dirt poor meant in those hard times so we need not retrace those steps.

Our little family started life in the Adamsville housing projects, at that time not the notorious hell-holes of crime and deprivation that they later became but still a mark of being low, very low, on the social ladder at a time when others were heading to the Valhalla of the newly emerging suburbs. By clawing and scratching my parents saved enough money to buy an extremely modest single-family house. Hell, why pussyfoot about it, a shack. The house, moreover, was in a neighborhood that was, and is, one of those old working class neighborhoods where the houses are small, cramped, and seedy, the leavings of those who have moved on to bigger and better things. The neighborhood nevertheless reflected the desire of the working poor in the 1950’s, my parents and others, to own their own homes and not be shunted off into decrepit apartments or dilapidated housing projects, the fate of those just below them on the social ladder. This is social progress?

But enough of all that. Where in this story though is there a place for militant left-wing political class-consciousness to break the trap? Not the sense of social inferiority of the poor before the rich (or the merely middle class). Damn, there was plenty of that kind of consciousness in our house. A phrase from the time, and maybe today although I don’t hear it much, said it all “keeping up with the Jones.’” Or else. But where was there an avenue in the 1950’s, when it could have made a difference, for a man like my father to have his hurts explained and have something done about them? No where. So instead it went internally into the life of the family and it never got resolved. One of his sons, this writer, has had luxury of being able to fight essentially exemplary propaganda battles in small left-wing socialist circles and felt he has done good work in his life. My father’s hurts needed much more. The "red scare" aimed mainly against the American Communist Party but affecting wider layers of society decimated any possibility that he could get the kind of redress he needed. That dear reader, in a nutshell, is why I proudly bear the name communist today. And the task for me today? To insure that future young workers, unlike my parents in the 1950’s, will have their day of justice.

***I Fall To Pieces Each Time I Hear Her Sing- Pasty Cline-Live At The Cimarron Ballroom (Oklahoma)

CD Review

Pasty Cline-Live At The Cimarron Ballroom (1961), Patsy Cline, MCA Records, 1997
For those of us of a certain age (growing up in the early 1960s) the timeless voice of Patsy Cline, whether we were aware of it or not, formed the backdrop to many a school dance or other romantic endeavor. I was not a fan of Cline’s, at least not consciously, growing up but have come to appreciate her talent and her amazing voice. In another review in this space I have called her the “country torch singer,” par excellence. And she does not fail here. At least musically. On such classics as I Fall To Pieces (twice, the second being better than the first, ah, “warm up”), Walking After Midnight, Stupid Cupid, Foolin’ Round, and some twangy Cline dialogue between songs she is up to par.

However, thematically this CD, while of some value as a historic document (her first concert after a near fatal car accident), is another question. While it was interesting (and a little disconcerting live, circa 1961) to hear her work from the 1950's and early 1960s and covers of others I do not believe that this compilation does justice to her work. Patsy, like many another torch singer like Bessie Smith or Billie Holiday, needs to grow on you. The best way to do that is grab a Greatest Hits (or a Gold Definitive) album and sit back. You won’t want to turn the damn thing off. As for this one, if you have time to listen do so as an appetizer.

"Crazy"

Written by willie nelson
(as performed by willie nelson)
Also performed by patsy cline and ray price*

Crazy
Crazy for feeling so lonely
Im crazy
Crazy for feeling so blue

I knew
Youd love me as long as you wanted
And then someday
Youd leave me for somebody new

Worry
Why do I let myself worry
Wondrin
What in the world did I do

Crazy
For thinking that my love could hold you
Im crazy for tryin
Crazy for cryin
And Im crazy
For lovin you

(repeat last verse)


Patsy Cline, She's Got You Lyrics

Artist: Cline Patsy
Song: She's Got You

“She's Got You”

I've got your picture that you gave to me
And it's signed "with love," just like it used to be
The only thing different, the only thing new
I've got your picture, she's got you

I've got the records that we used to share
And they still sound the same as when you were here
The only thing different, the only thing new,
I've got the records, she's got you

I've got your memory, or has it got me?
I really don't know, but I know it won't let me be

I've got your class ring; that proved you cared
And it still looks the same as when you gave it dear
The only thing different, the only thing new
I've got these little things, she's got you

Patsy Cline, Why Can't He Be You Lyrics

Artist: Cline Patsy
Song: Why Can't He Be You


“Why Can't He Be You”

He takes me to the places you and I used to go
He tells me over and over that he loves me so
He gives me love that I never got from you
He loves me too, his love is true
Why can't he be you

He never fails to call and tell me I'm on his mind
And I'm lucky to have such a guy; I hear it all the time
And he does all the things that you would never do
He loves me, too, his love is true
Why can't he be you

He's not the one who dominates my mind and soul
And I should love him so, 'cause he loves me, I know
But his kisses leave me cold

He sends me flowers, calls on the hour, just to prove his love
And my friends say when he's around, I'm all he speaks of
And he does all the things that you would never do
He loves me too, his love is true
Why can't he be you

Patsy Cline, Sweet Dreams Lyrics

Artist: Cline Patsy
Song: Sweet Dreams

“Sweet Dreams”

Sweet dreams of you
Every night I go through
Why can't I forget you and start my life anew
Instead of having sweet dreams about you

You don't love me, it's plain
I should know I'll never wear your ring
I should hate you the whole night through
Instead of having sweet dreams about you

Sweet dreams of you
Things I know can't come true
Why can't I forget the past, start loving someone new
Instead of having sweet dreams about you

***Out In The Be-Bop Be-Bop 1960s Night- When Gary Ladd Danced The North Adamsville High School Dance Night Away- Not





CD Review

The Rock ‘n’ Rock Era: 1961, various artists, Time-Life Music, 1989

Scene: Brought to mind by one of the pieces of teen life-driven artwork that graces each CD in this series.

Saturday night, any third Saturday of the month from September to May, when every red-blooded teen boy and girl in the 1961 North Adamsville High School be-bop,be-bop night could only be in one locale, or want to be. That was the night of the monthly seasonally-themed high school hop where anyone, even freshmen and sophomores, could ante up the dollar admission and dance the night away. Well, almost dance the night away. And that is the dilemma confronting one freshman, Gary Ladd (he is the “wallflower” way off to the side of the gym almost into the wall if you didn’t think you saw him on one of the nights in question).

Gary, well, we might as well have our moment of truth right up front, can’t dance. Can’t dance a damn, to hell, heaven or any place in between. Two- left feet. Two left-feet despite the best efforts of one Agnes Ladd, North Adamsville Class of 1961 Vice President, whose own feet have taken a terrible beating trying to teach little brother Gary the elements of the waltz, the fox trot, and hell, even the twist to no avail. But Gary, no twerp under his two left-footed exterior, has always, as he put it, exercised his democratic right to be at these universal dances, come hell or high water.

But this night, this warm April Springfest Dance night, things might just be a little different as Gary takes his place against the far wall (the wall farthest away from the girl “wallflowers” just in case you wanted an exact location. Mostly wallflowers, boy or girl, are keeping their respective distances on the odd chance that someone may actually come up and ask them to dance). First off this month the local craze rock band sensations, The Rockin’ Ramrods, are here live on the makeshift bandstand. And just this minute they are tuning up with the appropriately named Please Stay by the Drifters. Secondly, a new girl in town, Elsie Mae Horton, is here. Naturally the mere fact that she is here is added reason why Gary is here (and why he tortured his sister Agnes to try, try in vain, to teach him some dance steps). See Gary has the “bug” for Elsie Mae, yah, he is smitten.

Now this Elsie Mae is maybe, on a scale of one to ten, about a six so it is not looks that have Gary (and about six other guys), well, smitten. But what Elsie Mae has is nothing but smarts, book smarts, idea smarts, talk smarts you name it smarts and one of the sweetest smiles this side of heaven. And, as Gary found out early on in one of their shared classes, very easy to talk to about anything. Yes, he is smitten; the only unknown is whether she can dance good enough to stay out of his way. That is if he gets up the nerve to ask her. And as the Ramrods start their first set with Gary Bonds’ School Is Out (praise be) he notices her coming in the door. Heart pounding he starts sinking into the wall again.

As they finish with Brother Bonds the Ramrods start in on The Impressions’ Gypsy Woman before Gary realizes that Elsie Mae has drawn a bee-line straight for him and is standing right in front of him, turning a little red. “Oh, my god,” Gary whispers under his breathe, “she is going to ask me to dance. No way.” The usually easy to talk to Elsie Mae though says nothing, nothing but turns a little redder as the Ramrods cover the Pips' Every Beat Of My Heart (nicely done too). She is waiting for Gary to ask her, if you can believe that. Well, two-left feet or not, he does ask her. And she smiles a little smile as she “accepts.” Relief.

Needless to say when they did their dance, The Edsels’ Rama Lama Ding Dong, it was nothing but a disaster. A Gary disaster? Yes. But here is the funny part. Elsie Mae Horton, formerly of Gloversville and new to North Adamsville so of unknown dance quality, had two-left feet too. Get this though. When the dance was mercifully finished, and the two had actually survived, Elsie Mae thanked Gary and told him that he was a wonderful dancer and she wished that she could dance like him. Whee! Here is the real kicker though. Elsie Mae had also been taking dancing lessons, unsuccessfully. Dancing lessons so that two-left feet Elsie Mae Horton could dance with Gary Ladd. See, she was “smitten” too. And so if you did not see Gary or Elsie Mae at the Mayfair Dance you have now solved that mystery. They were sitting, sitting very close to each other, on the seawall down at Adamsville Beach laughing about starting a “Two-Left Feet” Club. With just two members.

***Out In The Be-Bop Be-Bop 1950s Night- Bestsy And Earl ’s Senior Prom Moment

CD Review

The Heart Of Rock ‘n’ Roll: 1958, various artists, Time-Life Music, 1995

Scene: Brought to mind by one of the snapshot photos that grace each CD in this series.

The “Big” night, the night that every school boy and girl has been waiting for, well, maybe not waiting for, but hoping for, the night of their senior prom signifying the end of their days at old North Adamsville High School. Of course being a Podunk town away from the big city lights of Boston said senior prom, as has been a tradition since who knows when, was held annually in the school gymnasium. A school gymnasium that, from long experience, has been turned into a faux-elegant hotel-style ballroom for the occasion. No cheap jack bunting and streamers, a few garlands, and maybe a couple of pieces of subdued lightning like at the ho-hum weekly school dances this night. Today the place is filled with well-appointed tables set with the best china and silverware, the bandstand is ablaze with decorations, and the dance floor specially lit to create, well, to create that mood like you were downtown at some swanky hotel. Even Podunk knows how to raise the bar for those now leaving the North Adamsville High family nest and who will soon be facing that hard 1958 Cold War world that keeps menacing everybody’s happiness.

In the middle of the festivities standing, check to check, as they have since sophomore year, eighth grade if you count the hemming and hawing that went on before the two became one, are Betsy Binstock, resplendent in her chiffony, open shoulder mother-made gown, complete with blue dahlia corsage (just what she wanted) and looking very handsome in his rented tuxedo (from Mr. Tuxedos right up in Adamsville Square as always since time immortal), Earl Avery. Children born and bred to rock ‘n’ roll they have just finished dancing up a storm to Robin Luke’s Susie Darlin’, the latest “have to have” record in the 1958 teen be-bop night. Of course this song, as all the music tonight, will be covered by the local rock band sensations The Rockin’ Ramrods hired for the occasion by the Senior Prom committee to keep their fellow seniors happy. As they release cheeks and head for their table Betsy is beaming because Earl has just made his first, tentative, maybe, kind of, move in the direction of asking her to marry him in the not to distant future. And as if on cue Jack Scott’s My True Love come forth from the bandstand and they shuffle back to the floor as if mesmerized by the power of the song.

Of course, after coming off the floor again to the sound of Tommy Edwards It’s All In The Game Betsy cannot wait to get to the Ladies’ (yes, this night Ladies) Powder Room to tell one and all of her conquest. (Really the “powder room” is the legendary Junior and Senior Girls’ Lounge, looking very much the elegant hotel lounge, including real hand towels, that has been the scene of more gossip about who did or did not do what with whom, the what being, naturally “going all the way” than Hollywood could ever conger up in its wildest dreams.)

So Betsy excuses herself from the table and starts picking up girlfriends to head to the lounge. Spunky Betsy knows that in this wicked old world only the strong survive, even in the question of marriage. Therefore her strategy is to spread Earl’s kind of, sort of proposal into something like the granite from the quarry that the town was known to produce in the old, old days. Maybe it had something to do with the evening, maybe it was the Ramrods covering Ed Townsend’s For Your Love, maybe it was just something in the early June air but Betsy went all out that night in the lounge, even speculating that she and Earl would be marriage within the year.

Meanwhile poor Earl, still shaky for even going as timidly far as he did on the marriage question had to laugh as the Ramrods played the Chantels Maybe. Earl nevertheless had a sense that the die was cast as a glowing Betsy and her entourage came back into view. As we leave this scene to the strands of Jimmy Clanton and His Rockets’ Just A Dream Earl has shrugged off all evil thoughts for the night, for his senior prom night and has decided to just go with the flow.

P.S. For those who can hardly wait to know how Betsy and Earl made out here is the scoop. Well, yes they were married in the summer of 1959 although not under the circumstances one would have expected. Whether by design or just happenstance Betsy got pregnant and honest and true Earl did the right thing. In the fall of 1959 Earl Avery, Junior came. Betsy a little worn from her pregnancy seems a bit bewildered just now. Earl on the other hand, with a raise and new job title to go with his junior boy, couldn’t be happier. Go figure, right.

 

From The Boston Bradley Manning Support Committee Archives

***Pardon Private Bradley Manning Stand-Out-Central Square, Cambridge, Wednesdays, 5:00 PM -Update –April 12, 2013

Let’s Redouble Our Efforts To Free Private Bradley Manning-President Obama Pardon Bradley Manning -Make Every Town Square In America (And The World) A Bradley Manning Square From Boston To Berkeley to Berlin-Join Us In Central Square, Cambridge, Ma. For A Stand-Out For Bradley- Wednesdays From 5:00-6:00 PM
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Plan to come to Fort Meade outside of Washington, D.C. on June 1^st for an international day of solidarity with Bradley before his scheduled June 3^rd trial.If you can’t make it to Fort Meade plan a solidarity event locally in support of this brave whistle-blower.
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Stop The Media Blackout of The Bradley Manning Trial

Despite the unprecedented and historic nature of Army whistleblower Bradley Manning’s trial, journalists have thus far been banned from recording the proceedings. Because Americans more commonly get their news through television than from any other media source, this presents a major barrier to the American public staying informed on a trial that will profoundly affect the future of our country.

It’s outrageous that the American public is being denied the right to view the trial of U.S. vs. Bradley Manning. Secretary of Defense Chuck Hagel was appointed by President Obama to ensure civilian oversight of the U.S. military.

Go To the Bradley Manning Support Network http://www.bradleymanning.org/ and sign the petition to Secretary of Defense Chuck Hagel demanding that he ensure journalists can record Bradley Manning’s court martial proceedings! When you sign the petition the network e-mail system will send a message on your behalf to the office of Secretary of Defense.

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Beginning in September 2011, in order to publicize Private Manning’s case locally, there have been weekly stand-outs (as well as other more ad hoc and sporadic events) in various locations in the Greater Boston area starting in Somerville across from the Davis Square Redline MBTA stop on Friday afternoons and later on Wednesdays. Lately this stand-out has been held each week on Wednesdays from 5:00 to 6:00 PM at Central Square, Cambridge, Ma. (small park at the corner of Massachusetts Avenue and Prospect Street just outside the Redline MBTA stop, renamed Manning Square for the duration of the stand-out) in order to continue to broaden our outreach. Join us there in calling for Private Manning’s freedom. President Obama Pardon Private Manning Now!
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Those who have followed the heroic Wikileaks whistle-blower Private Bradley Manning’s case over the past year or so, since about April 2012 when the pre-trial hearings began in earnest, know that last November the defendant offered to plead guilty to a few lesser included charges in his indictment, basically taking legal and political responsibility for the leaks to WikiLeaks that had been the subject of some of the government’s allegations against him. Without getting into the arcane legal maneuvering on this issue the idea was to cut across the government’s pretty solid case against him being the leaker of information and to have the now scheduled for June trial be focused on the substantive question of whether his actions constituted “material aid to terrorism” and “aiding the enemy” which could subject Private Manning to life in prison. We noted then that we needed to stay with Bradley on this and make sure people know that what he admitted to was that he disclosed information about American military atrocities in Iraq and Afghanistan and other diplomatic high crimes and misdemeanors and only that. We also noted that he was, and is, frankly, in trouble, big trouble, and needs our support more than ever. Especially in light of the following:

After enduring nearly three years of detention, at times under torturous conditions, on February 28, 2013 Bradley Manning confessed that he had provided WikiLeakswith a trove of military and diplomatic documents that exposed U.S. imperialist schemes and wartime atrocities. Private Manning’s guilty plea on ten of 22 counts against him could land him in prison for 20 years. A day after Bradley confessed, military prosecutors announced plans to try him on the remaining counts, including “aiding the enemy” and violating the Espionage Act. Trial is expected to begin in early June, now scheduled for June 3^rd.

In exposing the secrecy and lies with which the American government cover their depredations, Bradley Manning performed a great service to workers and oppressed around the world. All who oppose the imperialist barbarity and machinations revealed in the material he provided must join in demanding his immediate freedom. Also crucially important is the defense of Julian Assange against the vendetta by the U.S., Britain and their cohorts, who are attempting to railroad him to prison by one means or another for his role in running WikiLeaks.

In a 35-page statement he read to the military court after entering his plea (written summary available at the Bradley Manning Support Network and an audio transcript as well), Manning told of his journey from nearly being rejected in basic training to becoming an army intelligence analyst. In that capacity he came across mountains of evidence of U.S. duplicity and war crimes. The materials he provided to WikiLeaks included military logs documenting 120,000 civilian deaths in Iraq and Afghanistan and a formal military policy of covering up torture, rape and murder. A quarter-million diplomatic cables address all manner of lethal operations within U.S. client states, from the “drug war” in Mexico to drone strikes in Yemen. He also released files containing assessments of detainees held at Guantánamo Bay, Cuba. These documents show that the government continued to hold many who, Manning stated, were believed or known to be innocent, as well as “low level foot soldiers that did not have useful intelligence.”

The Pentagon and the Obama Administration declared war against WikiLeaks following the release of a video, now entitled Collateral Murder and widely available, conveyed by Manning, of a 2007 U.S. Apache helicopter airstrike in Iraq that killed at least 12 people, including two Reuters journalists. American forces are then shown firing on a van that pulled up to help the victims. Manning said he was most alarmed by the“bloodlust they appeared to have.” He described how instead of calling for medical attention for a seriously wounded individual trying to crawl to safety, an aerial crew team member “asks for the wounded person to pick up a weapon so that he can have a reason to engage.”

By January 2010, Manning said, he“began to become depressed with the situation that we found ourselves increasingly mired in year after year” and decided to make public many of the documents he had backed up as part of his work as an analyst. Manning first offered the materials to the Washington Post and the New York Times. Not getting anywhere with these pillars of the press establishment, the latter apparently not considering war crimes of its government, as opposed to all manner of foreign state activities, news fit to print in February 2010 he made his first submission to WikiLeaks. He attached a note advising that “this is possibly one of the more significant documents of our time removing the fog of war and revealing the true nature of twenty-first century asymmetric warfare. Have a good day.”

The charge of “aiding the enemy”—i.e., Al Qaeda—is especially ominous. This used to mean things like military sabotage and handing over information on troop movements to a battlefield enemy. In Manning’s case, the prosecution claims that the very act of publicizing U.S. military and diplomatic activities, some of which took place years before, amounted to “indirect” communication with Al Qaeda. Manning told the court that he believed that public access to the information “could spark a domestic debate on the role of the military and our foreign policy in general.” He hoped that this “might cause society to reevaluate the need or even the desire to engage in counterterrorism and counterinsurgency operations that ignore the complex dynamics of the people living in the affected environment every day.” But by the lights of the imperialists’ war on terror, any exposure of their depredations can be construed as support to the “terrorist”enemy, whoever that might be.

The Pentagon intends to call no fewer than 141 witnesses in its show trial, including four people to testify anonymously. One of them, designated as “John Doe,” is believed to be a Navy SEAL who participated in the raid that killed Osama bin Laden. “Doe” is alleged to have grabbed three disks from bin Laden’s Abbottabad, Pakistan, compound on which was stored four files’ worth of the WikiLeaks material provided by Manning.

Nor do charges under the Espionage Act have to have anything to do with actual spying. The law was one of an array of measures adopted to criminalize antiwar activity after U.S. imperialism’s entry into the First World War. It mandated imprisonment for any act deemed to interfere with the recruitment of troops. Among its first and most prominent victims was Socialist Party spokesman Eugene V. Debs, who was jailed for a June 1918 speech at a workers’ rally in Canton, Ohio, where he denounced the war as capitalist slaughter and paid tribute to the leaders of the 1917 Bolshevik Revolution. Dozens of Industrial Workers of the World organizers were also thrown into prison.

In the early 1970s, the Nixon government tried, unsuccessfully, to use this law to go after Daniel Ellsberg, whose release of the Pentagon Papers to the New York Times shed light on the history of U.S. imperialism’s losing war against the Vietnamese workers and peasants. Obama has happily picked up Nixon’s mantle. Manning’s prosecution will be the sixth time the Obama administration has used the Espionage Act against the source of an unauthorized leak of classified information—more than the combined total under all prior administrations since the law’s enactment in 1917.
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The Private Bradley Manning case is headed toward an early summer trial. The news on his case over the past several months has centered on the many pre-trial motion hearings including defense motions to dismiss for lack of speedy trial. Private Manning’s pre-trial confinement is now well over 1000 days. That dismissal motion was ruled on by Military Judge Lind. On February 26, 2013 she denied the defense’s motion for dismissal, the last serious chance for Bradley Manning to go free before the scheduled June trial. She ruled furthermore that the various delays by the government were inherent in the nature of this case and that the military authorities, except in one short instance, had been diligent in their efforts to move the proceedings along. For those of us with military experience this is a classic, if perverse, case of that old army slogan-“Hurry up, and wait.” This is definitely tough news for Private Manning although perhaps a good appeal point in some future civilian court review.

The defense had contended that the charges should be dismissed because the military by its own statutes (to speak nothing of that funny old constitutional right to a speedy trial guarantee that our plebeian forbears fought tooth and nail for against the bloody British and later made damn sure was included in the Amendments when the founding fathers“forgot” to include it in the main document) should have arraigned Private Manning within 120 days after his arrest. They hemmed and hawed for almost 600 days before deciding on the charges and a court martial. Nobody in the convening authority, as required by those same statutes, pushed the prosecution forward in a timely manner. In fact the court-martial convening authority, in the person of one Colonel Coffman, seemed to have seen his role as mere “yes man” to each of the government’s eight requests for delays without explanation. Apparently the Colonel saw his role as a mere clearing agent for whatever excuse the government gave, mainly endless addition time for clearing various classified documents a process that need not have held up the proceedings. The defense made timely objection to each governmental request to no avail.

Testimony from military authorities at pre-trial hearings in November 2012 about the reasons for the lack of action ranged from the lame to the absurd (mainly negative responses to knowledge about why some additional delays were necessary. One “reason” sticks out as a reason for excusable delay -some officer needed to get his son to a swimming meet and was thus “unavailable” for a couple of days. I didn’t make this up. I don’t have that sense of the absurd. Jesus, a man was rotting in Obama’s jails and they let him rot because of some damn swim meet). The prosecution, obviously, argued that the government has moved might and main to move the case along and had merely waited until all leaked materials had been determined before proceeding. The judge saw it the government’s way and ruled according as noted above.
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The defense had also pursued a motion for a dismissal of the major charges (espionage/ indirect material aid to terrorists) on the basis of the minimal effect of any leaks on national security issues as against Private Manning’s claim that such knowledge was important to the public square (freedom of information issues important for us as well in order to know about what the hell the government is doing either in front of us, or behind our backs). Last summer (2012) witnesses from an alphabet soup list of government agencies (CIA, FBI, NSA, Military Intelligence, etc., etc.) testified that while the information leaked shouldn’t have been leaked that the effect on national security was de minimus. The Secretary of Defense at the time, Leon Panetta, also made a public statement to that effect. The prosecution argued, successfully at the time, that the mere fact of the leak of classified information caused irreparable harm to national security issues and Private Manning’s intent, even if noble, was not at issue.

The recent thrust of the motion to dismiss has centered on the defense’s contention that Private Manning consciously and carefully screened any material in his possession to avoid any conflict with national security and that most of the released material had been over-classified (received higher security level than necessary). Much of the materials leaked, as per those parts published widely in the aftermath of the disclosures by the New York Times and other major outlets, concerned reports of atrocities in Iraq and Afghanistan and diplomatic interchanges that reflected poorly on that profession. The Obama government has argued again that the mere fact of leaking was all that mattered. That motion has also not been fully ruled on and is now the subject of prosecution counter- motions and has been a cause for further trial delay.
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A defense motion for dismissal based on serious allegations of torturous behavior by the military authorities extending far up the chain of command (a three-star Army general, not the normal concern of someone so far up the chain in the matter of discipline for enlisted personal) while Private Manning was first detained in Kuwait and later at the Quantico Marine brig for about a year ending in April 2011 has now been ruled on. In late November and early December Private Manning himself, as well as others including senior military mental health workers, took the stand to detail those abuses over several days. Most important to the defense was the testimony by qualified military mental health professionals citing the constant willful failure of those who held Private Manning in close confinement to listen to, or act, on their recommendations during those periods

Judge Lind, the military judge who has heard all the pre-trial arguments in the case thus far, has essentially ruled unfavorably on that motion to dismiss given the potential life sentence Private Manning faces. As she announced at an early January pre-trial hearing the military acted illegally in some of its actions. While every Bradley Manning supporter should be heartened by the fact that the military judge ruled that he was subject to illegal behavior by the military during his pre-trial confinement her remedy, a 112 days reduction in any future sentence, is a mere slap on the wrist to the military authorities. No dismissal or, alternatively, no appropriate reduction (the asked for ten to one ratio for all his first year or so of illegal close confinement which would take years off any potential sentence) given the seriousness of the illegal behavior as the defense tirelessly argued for. And the result is a heavy-handed deterrent to any future military whistleblowers, who already are under enormous pressures to remain silent as a matter of course while in uniform, and others who seek to put the hard facts of future American military atrocities before the public.
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An important statement in November 2012 was issued by three Nobel Peace Laureates (including Bishop Tutu from South Africa) calling on their fellow laureate, United States President Barack Obama, to free Private Manning from his jails. (Available on the Support Bradley Manning Network website.)
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On February 23, 2013, the 1000th day of Private Bradley Manning’s pre-trial confinement, an international day of solidarity was observed with over seventy stand-outs and other demonstration held in America and internationally. Bradley Manning and his courageous stand have not been forgotten. Go to the Bradley Manning Support Network for more details about the events of that day. Another international day of solidarity is scheduled for June 1, 2013 at Fort Meade, Maryland and elsewhere just before the scheduled start of his trial on June 3rd. Check the support network for updates on that event as well.
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6 Ways To Support Heroic Wikileaks Whistle-blower Private Bradley Manning

*Urgent: The government has announced, in the wake of Bradley Manning’s admission of his part in the Wikileaks expose in open court on February 28th, its intention to continue to prosecute him for the major charges of “aiding the enemy” (Espionage Act) and “material aid to terrorism.” Everyone should contact the presiding officer of the court –martial process, General Linnington, at 1-202-685-2807 and tell him to drop those charges. Once Maj. Gen. Linnington’s voicemail box is full – you can also leave a message at the DOD: (703) 571-3343 – press “5″ to leave a comment.*If this mailbox is also full, leave the Department of Defense a written message. Do it today.

*Urgent: The military authorities at Fort Meade, the site of Bradley Manning’s impending June 3^rd court-martial are attempting to limit media coverage of the trial.Go to the Bradley Manning Support Network http://www.bradleymanning.org/and sign the petition to Secretary of Defense Chuck Hageldemanding that he ensure journalists can record Bradley Manning’s court martial proceedings! When you sign the petition the network e-mail system will send a message on your behalf to the office of Secretary of Defense.

*Come to our stand-out in support of Private Bradley Manning in Central Square, Cambridge, Ma (corner of Massachusetts Avenue and Prospect Street near MBTA Redline station) every Wednesday between 5-6 PM. For other locations in Greater Boston, nationally, and internationally check the Bradley Manning Support Network -http://www.bradleymanning.org/ and for details of the current status of the case and future event updates as well. Also plan to come to Fort Meade outside of Washington, D.C. on June 1^st for an international day of solidarity with Bradley before his scheduled June 3^rd trial.If you can’t make it to Fort Meade plan a solidarity event locally in support of this brave whistle-blower.

*Contribute to the Bradley Manning Defense Fund- as the trial date approaches funds are urgently needed! The government has unlimited financial and personnel resources to prosecute Bradley. And the Obama government is fully using them. We have a fine defense civilian lawyer, David Coombs, many supporters throughout America and the world working hard for Bradley’s freedom, and the truth on our side. Still the hard reality of the American legal system, civilian or military, is that an adequate defense cost serious money. So help out with whatever you can spare. For link go to http://www.bradleymanning.org/

*Sign the online petition at the Bradley Manning Support Network (for link go to http://www.bradleymanning.org/ )to the Secretary of the Army to free Bradley Manning-1000 plus days is enough! The Secretary of the Army stands in the direct chain of command up to the President and can release Private Manning from pre-trial confinement and drop the charges against him at his discretion. For basically any reason that he wishes to-let us say 1000 plus days is enough. Join the over 25,000 supporters in the United States and throughout the world clamoring for Bradley’s well-deserved freedom.

*Call (Comments”202-456-1111), write The White House, 1600 Pennsylvania Avenue NW, Washington, DC 20500, e-mail-(http://www.whitehouse.gov’contact/submitquestions-and comments) the White House to demand President Obama pardon Bradley Manning- The presidential power to pardon is granted under Article II, Section 2 of the Constitution:

“The President…shall have power to grant reprieves and pardons for offenses against the United States, except in case of impeachment.”

In federal cases, and military cases are federal cases, the President of the United States can, under authority granted by the U.S. Constitution as stated above, pardon the guilty and the innocent, the convicted and those awaiting trial- former President Nixon and former Secretary of Defense Caspar Weinberger, for example among others, received such pardons for their heinous crimes- Now that Bradley Manning has pleaded guilty to some lesser charges and is subject to further prison time (up to 20 years) this pardon campaign is more necessary than ever. Free Bradley Manning! Free the whistleblower!