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She only got out because Obama commuted her sentence. She pissed off a lot of high ranking people in the military and intelligence communities and in politics.
by pluma 7y ago
She only got out because Obama commuted her sentence. She pissed off a lot of high ranking people in the military and intelligence communities and in politics.
You could make a case for coercive detention but her treatment during her detention for refusing to testify at the previous grand jury was excessively cruel.
In case you missed it: she was still undergoing after-care from her surgery last year. Her lawyers made a case that the detention facility had neither the means nor the qualifications to assist her and that failing to do so could cause permanent injury and significant complications (with bad hygiene also presenting a significant infection risk). The judge agreed with the US marshals that the facility would in fact be equipped to provide this. That turned out to be false. Additionally she was kept in solitary confinement again for 28 days until she literally threw up.
The treatment of Chelsea Manning can only be described as cruel and excessive, especially if you consider that this is already how she was treated during her incarceration. Prolonged solitary confinement for weeks is a form of torture and causes permanent mental harm and trauma.
She wasn't detained for some violent crime. She was detained for refusing to provide another testimony in a secret court on issues she has already addressed and was already convicted for.
Grand juries aren't criminal trials. Grand juries are dragnets used to generate accusations that can be used to find something to justify an investigation with.
Even if you think grand juries aren't blatantly oppressive you have to admit that the damage that resulted from her punishment from refusing to testify on the previous grand jury far exceeded the stated punishment (i.e. detention, not corporeal punishment or torture) and that there's no reason to believe she will be treated any more favorably this time (or the next).
If you argue that solitary confinement isn't torture because it doesn't involve physical violence, I would at least ask you to watch this: https://www.youtube.com/watch?v=k-ZfPYRkEGk https://www.youtube.com/watch?v=k-ZfPYRkEGk
EDIT: If you argue that grand juries are perfectly fine: https://en.wikipedia.org/wiki/Grand_juries_in_the_United_States#Criticism https://en.wikipedia.org/wiki/Grand_juries_in_the_United_Sta...
> According to the American Bar Association (ABA), the grand jury has come under increasing criticism for being a mere "rubber stamp" for the prosecution without adequate procedural safeguards. Critics argue that the grand jury has largely lost its historic role as an independent bulwark protecting citizens from unfounded accusations by the government. Grand juries provide little protection to accused suspects and are much more useful to prosecutors. Grand juries have such broad subpoena power that they can investigate alleged crimes very thoroughly and often assist the prosecutor in his or her job. Grand juries sometimes compel witnesses to testify without the presence of their attorneys. Evidence uncovered during the grand jury investigation can be used by the prosecutor in a later trial. Grand jurors also often lack the ability and knowledge to judge sophisticated cases and complicated federal laws. This puts them at the mercy of very well trained and experienced federal prosecutors. Grand jurors often hear only the prosecutor's side of the case and are usually persuaded by them. Grand juries almost always indict people on the prosecutor's recommendation. A chief judge of New York State's highest court, Sol Wachtler, once said that grand juries were so pliable that a prosecutor could get a grand jury to "indict a ham sandwich." And William J. Campbell, a former federal district judge in Chicago, noted: "[T]oday, the grand jury is the total captive of the prosecutor who, if he is candid, will concede that he can indict anybody, at any time, for almost anything, before any grand jury."
In other words: grand juries forego almost all of the restrictions of due process. The US and Liberia are the only two countries in the world that have grand juries and haven't gotten rid of them yet.
- IfOnlyYouKnew 7y agoOP asked if double jeopardy applies. It clearly doesn't. Your conviction, which I share, that Manning was treated exceedingly bad (apart from the commutation) has nothing to with double jeopardy. If grand juries have become problematic, or if prison conditions are terrible, or if police forces are institutionally racists one needs to argue for specific remedies for these problems. A wholesale rejection of the rule of law for these weaknesses will not lead to a magical place of justice, but to further decline. Especially when it's facilitated by a healthy dose of motivated reasoning.
- mrguyorama 7y agoIt's worth noting that other than going to jail for SEVERAL YEARS for what I understand to essentially contempt of court, her treatment is not that much different from the average "disliked" inmate in prison. This is a bad thing
- pluma 7y agoThe question isn't whether she's in contempt for refusing to testify. She is and the legal consequence is that she will be detained until the grand jury is over or she agrees to testify. That's fine. Legally speaking this is all working as designed. What isn't fine is that she is being tortured and that she is knowingly put in a situation of not being provided the level of medical care she needs. This isn't a consequence of her contempt. This is because the judge listened to her medical requirements and decided the detention facility could meet them while being fully aware that that isn't the case. Even if you think that solitary confinement is not torture, the judge knowingly and needlessly put her at significant risk of infection and medical complications. The detention facility then additionally put her in solitary confinement and treated her like a high risk prisoner. As for "rejection of the rule of law": yes, grand juries are part of the US legal system. But something being legal doesn't mean it's just or that it is as it should be. Until a few decades ago, racial segregation was part of the rule of law in the US. Almost everything the nazi government did in Germany was part of the rule of law in Germany at the time. Rejecting unjust laws or institutions is not a rejection of "the rule of law" as a whole. Grand juries have been replaced with more adequate instruments in most other countries and in the US are abused to subvert the standards regular investigations are bound to. Protesting grand juries or demanding their abolition doesn't "reject the rule of law", it's the exact opposite: it demands better laws and a more just application of those laws.