Private Manning

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Private Manning
Opinion | Private Manning’s Transition
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When Chelsea Manning, formerly known as Pfc. Bradley Manning, declared that she wanted to live as a woman, the Army’s response was callous and out of step with medical protocol, stated policies for transgender people in civilian federal prisons and existing court rulings.
Private Manning, who has been sentenced by a military court to a 35-year prison term for leaking government files, issued a statement last week that she had felt female from childhood and wanted “to begin hormone therapy as soon as possible.” She did not say whether she planned to pursue gender reassignment surgery.
An Army spokesman said the Army did not provide hormone therapy or sex-reassignment therapy. A spokesman at the military prison at Fort Leavenworth, Kan., where Private Manning will be incarcerated, was uncertain whether she would be permitted to undergo hormone therapy, even if she paid for the treatment herself.
Prisoners have a constitutional right to care for their serious medical needs. In the case of individuals with gender dysphoria, treatment often includes hormone therapy, and failure to provide it can raise the risk of serious depression, self-mutilation attempts or even suicide.
Several federal courts of appeal have said that a state’s deliberate failure to provide individualized assessments of whether a transgender prisoner needs access to specialized medical treatment, like hormone therapy or surgery, violates the Eighth Amendment’s prohibition against cruel and unusual punishment. As part of a lawsuit settlement in 2011, the federal Bureau of Prisons began making medically necessary hormone therapy available to all transgender inmates, including those who had not received a diagnosis and begun the therapy before incarceration. Although transgender people continue to be barred from service in the military, the Department of Veterans Affairs offers a range of services for transgender veterans, including hormone therapy.
Of course, the Manning case presents other issues as well, starting with whether the all-male prison at Fort Leavenworth is the right institution for Private Manning. Transgender inmates are especially vulnerable to sexual assaults, and special care must be taken to ensure their safety with accommodations like private showering. The nature of Private Manning’s offense could make for added safety worries. Prodded by lawsuits and strong Justice Department regulations issued last year to implement the Prison Rape Elimination Act of 2003, civilian jails and prisons around the country are developing ways to address the particular needs of transgender inmates.
Private Manning’s lawyer, David Coombs, said last week that he hoped military prison officials would voluntarily provide hormone treatment, without a lawsuit. It should not take a court order to get officials — including Defense Secretary Chuck Hagel — to do the right thing. They should give Private Manning appropriate medical care and safe but not unduly isolated housing, which should be available for all transgender prisoners.

From Wikipedia, the free encyclopedia
2013 court-martial of U.S. Army officer Chelsea Manning for distributing classified info


^ Jump up to: a b Jennifer Rizzo, "Bradley Manning charged" , CNN, February 23, 2012.

^ Patrick Semansky, "Bradley Manning wants to live as a woman: 'I am Chelsea Manning ' " , Toronto Star , August 22, 2013.

^ "Alleged Army Whistleblower Felt "Isolated" " . CBS News. July 7, 2010.

^ "Bradley Manning enters guilty pleas in WikiLeaks case" , CBS News, February 28, 2013.

^ Jump up to: a b Julie Tate and Ellen Nakashima, "Bradley Manning court-martial opens" , The Washington Post , June 3, 2013.

^ "Closing arguments conclude; Manning's fate now with judge" . CNN. July 26, 2013 . Retrieved July 26, 2013 .

^ "Verdict in Manning trial to be read Tuesday" . CNN. July 29, 2013 . Retrieved July 29, 2013 .

^ Matt Sledge (July 30, 2013). "Bradley Manning Found Guilty of 19 Counts, Not Guilty of Aiding The Enemy" . huffingtonpost.com . Retrieved July 30, 2013 .

^ Jump up to: a b Dashiell Bennett (July 30, 2013). "Bradley Manning Found Not Guilty of Aiding the Enemy" . theatlanticwire.com. Archived from the original on October 12, 2013 . Retrieved July 30, 2013 .

^ Jump up to: a b "Army Pfc. Bradley Manning acquitted of aiding the enemy, convicted of six counts of espionage" . New York: NY Daily News . Retrieved July 30, 2013 .

^ Jump up to: a b
Savage, Charlie (July 30, 2013). "Manning Acquitted of Aiding the Enemy" . New York Times . Retrieved July 30, 2013 .

^ Jump up to: a b "Bradley Manning acquitted of aiding the enemy for giving secrets to WikiLeaks" . CBS News . Retrieved July 30, 2013 .

^ "BBC News – Bradley Manning guilty of espionage in Wikileaks case" . bbc.co.uk. July 30, 2013.

^ Dishneau, David. "Manning Gets 35 years for wikileaks disclosures" . MSN.com . Associated Press. Archived from the original on August 23, 2013 . Retrieved August 21, 2013 .

^ Jump up to: a b "Obama commutes Chelsea Manning's sentence" . January 17, 2017.

^ Jump up to: a b Savage, Charlie (January 17, 2017). "Obama Commutes Bulk of Chelsea Manning's Sentence" . The New York Times . Retrieved January 17, 2017 .

^ Jump up to: a b Volokh, Eugene (June 1, 2018). "Chelsea Manning Loses Wikileaks First Amendment Appeal" . reason.com . Reason . Retrieved June 1, 2018 .

^ Kim Zetter, "Bradley Manning to Face All Charges in Court-Martial" , Wired , February 3, 2012.

^ "Attorney for WikiLeaks suspect says he's seen no evidence on documents" Archived April 27, 2012, at the Wayback Machine , CNN, August 31, 2010.
"Charge sheet" .
"Charge sheet" , The Washington Post , accessed April 7, 2012.

^ "WikiLeaks: Bradley Manning faces 22 new charges" [ permanent dead link ] , CBS News, March 2, 2011.
For figures from ABC, see Luis Martinez, "22 New Charges Against Pvt. Bradley Manning, Accused WikiLeaks Source" , ABC News, March 2, 2011.
Jim Miklaszewski and Courtney Kube, "Manning faces new charges, possible death penalty" , NBC News, March 2, 2011.

^ "Panel Says WikiLeaks Suspect Is Competent to Stand Trial" , Associated Press, April 29, 2011.

^ Linnington was later promoted to Lt. Gen. and became the DoD Deputy Director for Readiness Archived October 13, 2013, at the Wayback Machine . His replacement at MDW is Maj. Gen. Jeffrey S. Buchanan Archived October 15, 2013, at the Wayback Machine .

^ Regarding fitness to stand trial, see "Panel Says WikiLeaks Suspect Is Competent to Stand Trial" , Associated Press, April 29, 2011.
For the lawyers' names, see "PFC Manning, Article 32 Script" , courtesy of politico.com, accessed May 9, 2012.
For WikiLeaks summaries of the hearings, see:
"2011-12-16 Handwritten Transcript of Bradley #Manning's Pretrial Hearing Day 1 #WikiLeaks" , WikiLeaks, December 16, 2011.
"2011-12-17 Handwritten transcript of Bradley #Manning Pretrial Day 2 #WikiLeaks" , WikiLeaks, December 17, 2011.
"2011-12-18 Handwritten transcript of Bradley #Manning Pretrial Day 3 #WikiLeaks" , WikiLeaks, December 18, 2011.
"2011-12-19 Summary of PFC Bradley Manning's Pre-Trial Hearing, Dec 16–18" , WikiLeaks, December 19, 2011.
"2011-12-20 Summary: PFC Bradley Manning Pre-Trial Hearing Day 4" , WikiLeaks, December 20, 2011.
"2011-12-21 Summary: PFC Bradley Manning Pre-Trial Hearing Day 5" , WikiLeaks, December 21, 2011.
"2011-12-22 Summary: PFC Bradley Manning Pre-Trial Hearing Day 6" , WikiLeaks, December 22, 2011.
For the order that she stand trial, see Kim Zetter, "Bradley Manning to Face All Charges in Court-Martial" , Wired , February 3, 2012.
For the formal charging (arraignment), see Jennifer Rizzo, "Bradley Manning charged" , CNN, February 23, 2012.

^ Denver Nicks, Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History , Chicago Review Press, 2012, p. 3.

^ Nicks 2012, p. 223.

^ Jump up to: a b c The army investigators' testimony Zetter, December 19, 2011

^ Nicks 2012, pp. 137–138; also see Zetter, December 19, 2011 .

^ Ed Pilkington (December 5, 2011). "Bradley Manning team to highlight WikiLeaks suspect's fragile mental state | World news" . theguardian.com . Retrieved August 23, 2013 .

^ "Did Obama taint Manning's right to fair trial? – US news – Security" . NBC News. April 26, 2011 . Retrieved August 2, 2013 .

^ Greenberg, Andy (April 22, 2011). "Video Of Obama On Bradley Manning: "He Broke The Law" " . Forbes . Retrieved August 2, 2013 .

^ Stephanie Condon (April 22, 2011). "Obama says Bradley Manning "broke the law" – Political Hotsheet" . CBS News . Retrieved August 2, 2013 .

^ Greenwald, Glenn (April 23, 2011). "President Obama speaks on Manning and the rule of law" . Salon.com . Retrieved August 2, 2013 .

^ "Barack Obama on Bradley Manning: 'He broke the law' – MJ Lee and Abby Phillip" . Politico.Com . Retrieved August 2, 2013 .

^ "Defense Article 32 Witness List.pdf – Google Drive" . Retrieved August 23, 2013 .

^ Cole, William. "Dempsey: US 'preparing military options' if needed for Syria – Pacific" . Stripes . Retrieved August 23, 2013 .

^ For the prosecution argument about Manning's "absolute indifference," and for the defense argument about Manning's unit being "lawless," see Serena Marshall, "Court Martial for Bradley Manning in Wikileaks Case?" , ABC News, December 22, 2011.
For the government overcharging Manning, see Kim Zetter, "Army Piles on Evidence in Final Arguments in WikiLeaks Hearing" , Wired , December 22, 2011.
For the gender issues, see Kirit Radia and Luis Martinez, "Bradley Manning Defense Reveals Alter Ego Named 'Breanna Manning ' " , ABC News, December 17, 2011.
For Manning facing court martial, see Denver Nicks, "Bradley Manning Likely Faces Court Martial" , The Daily Beast , January 13, 2012.

^ David Coombs, "Request for oral depositions" , United States v. PFC Bradley Manning , January 12, 2012.
Kim Zetter, "Bradley Manning Attorney Wants to Depose Rejected Witnesses" , Wired , January 12, 2012.

^ § 839

^ Jump up to: a b "Bradley Manning Judge to Rule on Request to Drop Charges" , ABC News, April 24, 2012.
"Bradley Manning Defense Challenges Charge of 'Aiding the Enemy ' " , ABC News, April 25, 2012.
"No Luck for Bradley Manning: More Motions Denied in WikiLeaks Case" , ABC News, April 26, 2012.

^ David Dishneau, "GI Seeks Dismissal of 10 Counts in WikiLeaks Case" , Associated Press, May 24, 2012.
"Constitutional Rights Attorneys, Media Challenge Secrecy Of Manning Court Martial" , Eurasia Review , May 24, 2012.

^ Motion to Dismiss of September 19, 2012 as cited in Nathan Fuller (September 29, 2012) "The government has made an 'absolute mockery' of Bradley Manning's right to a speedy trial" BradleyManning.org

^ Adam Klasfeld , "Landmark Delays in Manning Court-Martial, Lawyer Says" Courthouse News Service , October 1, 2012.

^ Adam Klasfeld, "Judges Doubt Need for Secrecy in Bradley Manning Court-Martial" Courthouse News Service , October 10, 2012.

^ Ed Pilkington at Fort Meade, Maryland (February 26, 2013). "Bradley Manning judge rules length of soldier's detention 'reasonable' | World news" . London: theguardian.com . Retrieved July 30, 2013 .

^ "Bradley Manning pleads guilty to some Wikileaks charges" , BBC News, February 28, 2013.

^ Jump up to: a b c Charlie Savage , Scott Shane (March 1, 2013). "Soldier Admits Providing Files To WikiLeaks" . The New York Times . p. A1.

^ Glenn Greenwald, "Finally: hear Bradley Manning in his own voice" , The Guardian , March 12, 2013.

^ Judge Advocate General Corps website Archived February 17, 2013, at the Wayback Machine , last updated September 24, 2012, retrieved July 23, 2013.

^ Paul McGeough, "WikiLeaks trial begins on a low-note" , Sydney Morning Herald , June 4, 2013.

^ David Dishneau & Pauline Jelinek, "Prosecution rests in Manning's WikiLeaks trial" , Associated Press, July 2, 2013.

^ Associated Press (July 2, 2013). "Prosecution submits al-Qaida excerpts in Wikileaks trial" . The Burlington Free Press . Burlington, Vermont . pp. 5A . Retrieved July 2, 2013 .

^ Associated Press, "Bradley Manning's defense rests its case in WikiLeaks scandal" , Los Angeles Times , July 10, 2013.

^ Julie Tate, "Judge in Bradley Manning trial rejects motion to dismiss key charge" , The Washington Post , July 18, 2013.

^
Charlie Savage (July 25, 2013). "In Closing Argument, Prosecutor Casts Soldier as 'Anarchist' for Leaking Archives" . New York Times .

^
Charlie Savage (July 27, 2013). "Defense Calls Manning's Intentions Good" . New York Times .

^ David Dishneau, "Bradley Manning Trial Begins 3 Years After Arrest" , Associated Press, June 3, 2013.

^ Bill Chappell (July 31, 2013). "As Sentencing Phase Begins, Manning Could Face Decades In Prison" . NPR.

^ Pilkington, Ed (August 6, 2013). "Bradley Manning's maximum sentence reduced to a possible 90 years" . The Guardian .

^ Tate, Julie and Nakashima, Ellen. "Judge refuses to dismiss charges against WikiLeaks suspect Bradley Manning" , The Washington Post , January 8, 2013.

^ Tate, Julie and Londono, Ernesto. "Bradley Manning found not guilty of aiding the enemy, convicted on other charges" , The Washington Post , July 30, 2013.
Londono, Ernesto; Rolfe, Rebecca; and Tate, Julie. "Verdict in Bradley Manning case" , The Washington Post , July 30, 2013.
Savage, Charlie . "Manning Acquitted of Aiding the Enemy" , The New York Times , July 30, 2013.
Pilkington, Ed. "Bradley Manning verdict: cleared of 'aiding the enemy' but guilty of other charges" , The Guardian , July 31, 2013: "the soldier was found guilty in their entirety of 17 out of the 22 counts against him, and of an amended version of four others."

^ Kube, Courtney; DeLuca, Matthew; McClam, Erin. "'I'm sorry that I hurt the United States': Bradley Manning apologizes in court" , NBC News, August 14, 2013.
Courson, Paul. Bradley Manning apologizes, tells court he must pay price , CNN, August 14, 2013.

^ "Bradley Manning sentenced to 35 years in prison" . CNN. August 22, 2013 . Retrieved August 21, 2013 .

^ "Bradley Manning gets 35 years in prison for giving US secrets to WikiLeaks" . WFTV TV. Archived from the original on August 21, 2013 . Retrieved August 21, 2013 .

^ Simpson, Ian. "Manning seeks presidential pardon in WikiLeaks case" , Reuters, September 4, 2013.


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United States Military Judicial Authority
United States v. Manning was the court-martial of former United States Army Private First Class Bradley E. Manning, [1] known now as Chelsea Manning . [2]

After serving in Iraq since October 2009, Manning was arrested in May 2010 after Adrian Lamo , a computer hacker in the United States, indirectly informed the Army's Criminal Investigation Command that Manning had acknowledged passing classified material to the whistleblower website, WikiLeaks . [3] Manning was ultimately charged with 22 specified offenses, including communicating national defense information to an unauthorized source, and the most serious of the charges, aiding the enemy . [1] Other charges included violations of the Espionage Act of 1917 , stealing U.S. government property, charges under the Computer Fraud and Abuse Act of 1986 and charges related to the failure to obey lawful general orders under Article 92 of the Uniform Code of Military Justice. Manning entered guilty pleas to 10 of 22 specified offenses in February 2013. [4]

The trial on the 12 remaining charges began on June 3, 2013. [5] It went to the judge on July 26, 2013, and findings were rendered on July 30. [6] [7] Manning was acquitted of the most serious charge, that of aiding the enemy, for giving secrets to WikiLeaks. In addition to five [8] [9] or six [10] [11] [12] espionage counts, Manning was also found guilty of five theft specifications, two computer fraud specifications and multiple military infractions. [13]

On August 21, 2013, Manning was sentenced to 35 years' imprisonment, reduction in pay grade to E-1 , forfeiture of all pay and allowances, and a dishonorable discharge . [14] On January 17, 2017, President Barack Obama commuted Manning's sentence to a total of seven years' confinement. Manning was released on May 17, 2017. [15] [16] On May 31, 2018, the U.S. Army Court of Criminal Appeals upheld Manning's conviction of violating the Espionage Act of 1917. [17]

The material in question includes 251,287 United States diplomatic cables , over 400,000 classified army reports from the Iraq War (the Iraq War logs ), and approximately 90,000 army reports from the war in Afghanistan (the Afghan War logs ). WikiLeaks also received two videos. One was of the July 12, 2007, Baghdad airstrike (dubbed the " Collateral Murder " video); the second, which was never published, was of the May 2009 Granai airstrike in Afghanistan. [18]

Manning was charged on July 5, 2010, with violations of Articles 92 and 134 of the Uniform Code of Military Justice , which were alleged to have taken place between November 19, 2009, and May 27, 2010. [19] These were replaced on March 1, 2011, with 22 specifications, including aiding the enemy, wrongfully causing intelligence to be published on the Internet knowing that it was accessible to the enemy, theft of public property or records, and transmitting defense information. Manning was found not guilty of aiding the enemy, the most serious charge, for which Manning could have faced the death penalty or life imprisonment. [20]

A panel of experts ruled in April 2011 that Manning was fit to stand trial. [21] An Article 32 hearing , presided over by Lieutenant Colonel Paul Almanza, was convened on December 16, 2011, at Fort Meade , Maryland, to determine whether to proceed to a court martial. The army was represented by Captains Ashden Fein, Joe Morrow, and Angel Overgaard. Manning was represented by military attorneys Major Matthew Kemkes and Captain Paul Bouchard, and by civilian attorney David Coombs .

The hearing resulted in Almanza recommending that Manning be referred to a general court-martial, and on February 3, 2012, the convening authority , Major General Michael Linnington, commander of the Military District of Washington , [22] ordered Manning to stand trial on all 22 specified charges, including aiding the enemy. Manning was arraigned on February 23, and declined to enter a plea. [23]

The lead prosecutor, Captain Fein, argued that Manning had given enemies "unfettered access" to the material and had displayed an "absolute indifference" to classified information. He showed the court a video of Adam Gadahn , an al-Qaeda spokesman, referencing the leaked material. [24]

The prosecution presented 300,000 pages of documents in evidence, including chat logs and classified material. Nicks writes tha
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