Assange's lawyers have said they have learned that the Obama
Justice (sic) Department has impaneled a secret federal Grand Jury in
Virginia to develop charges against Assange, most likely under the hoary
and antiquated 1917 Espionage Act.
Because that act has never been used against a journalist or
news organization, and because it would be fairly easy for the defense
to make the argument that Assange and WikiLeaks are performing a
journalistic function protected by the First Amendment, legal experts
say the government, to make any kind of a case, would have to prove that
Assange had induced Manning to illegally turn over government documents
to WikiLeaks.
Both Assange, in public statements, and Manning, in transcripts published by the magazine Wired,
have stated was no such relationship. Manning has said that he
volunteered the documents out of a heartfelt whistleblower's desire to
make public evidence of what he felt were war crimes by US forces, in
the case of the Iraq and Afghanistan materials. There is no reason to
think that his motive and methods would have been any different with
respect to the State Department cables. There was no mention of his
having been sought out or encouraged in his alleged activity by
WikiLeaks, which only provided the vehicle for making any leaks public.
But with Manning having been held in solitary confinement now
for more than seven months--first in a brig in Kuwait and now at
Quantico--under conditions that are reminiscent of those that were used
against alleged "dirty bomb" wannabe Jose Padilla, which drove him
certifiably insane--it seems obvious what the government is up to.
Convicting Pvt. Manning on a charge of disclosing government
secrets, stealing government documents, or even of treason, would be
child's play in a court martial setting, where the jury would be
composed of uniformed officers. Furthermore, it would not be much of a
big deal, convicting a private of stealing and revealing government
documents. But taking down WikiLeaks, and convicting Assange, who has
been embarrassing the US and other secretive governments by doing what a
real news media should have been doing? Ah, that would be a very big deal--one which would make a compliant US media even more compliant.
And to accomplish that feat, in the face of the First
Amendment which guarantees Freedom of the Press, all the government
would need to do is "prove" that Assange induced, or perhaps even paid
Pvt. Manning to provide those documents.
Hence the torture.
In an article in Salon magazine,
Glenn Greenwald reports that Manning is being kept in his cell,
completely alone, for 23 hours a day. He is denied the right to
exercise, has been denied a pillow or sheets for his bed, and is being
administered anti-depressant "medication" involuntarily. He is barred
from most outside contact, but one friend, David House, a 23-year-old
MIT researcher who is a friend, according to Greenwald has said he has
observed "palpable changes in Manning's physical appearance and behavior
just over the course of the several months that he's been visiting
him."
I suspect the goal in all this is to soften-up Manning, and to
eventually "turn" him into a witness against Assange and WikiLeaks, on
the promise of some kind of reduced or dropped charges.
Again, in an American court--especially in a politically
conservative state like Virginia, with its heavy military and Pentagon
employee presence--a case of Manning's word against Assange's word would
be pretty open-and-shut. A Virginia jury might be expected to show
little concern about any defense evidence showing that Manning had been
tortured in captivity before being brought in to testify.
It is urgent that Americans who care about the Constitutional
right to a fair trial, who care about the preservation of the First
Amendment's freedom of the press, and who care about basic human rights
and the need to outlaw torture here, in accordance with the United
Nations Charter, demand that Pvt. Manning be released from his inhumane
solitary confinement. He is an accused person, not a convicted criminal,
and has by all accounts been a model prisoner. If the government thinks
it has a case against him, it should bring him to trial with
appropriate dispatch, and not try to pressure him into providing false
witness against Assange. If the government doesn't have a case, it
should release Manning immediately!
Instead of trying to prosecute Manning, Commander in Chief
Obama should be holding him up as a role model for standing up and
reporting the war crimes of the US military in Iraq and Afghanistan,
when his earlier efforts to report them up the chain of command were met
with the same kind of stonewalling that covered up the torture at Abu
Ghraib and Bagram Airbase.
Free Private Bradley Manning!
No Prosecution of Julian Assange!
To support Pvt. Manning, please contribute to the Bradley Manning Defense Fund