Private Manning of WikiLeaks Case Must Face Charges

But the judge, Col. Denise Lind, ruled that brig officials had improperly kept Private Manning on stricter conditions, including procedures designed to prevent potentially suicidal detainees from injuring themselves, for excessive periods. As a remedy, she granted Private Manning 112 days of credit against any eventual prison sentence.

That amounted to little more than a symbolic victory for Private Manning, whose supporters had rallied around claims that he had been tortured at Quantico. Prosecutors are pursuing charges, including aiding the enemy and violating the Espionage Act, that could result in a life sentence if he is convicted. His court-martial is scheduled to begin on March 6.

The ruling by Colonel Lind came after a long pretrial hearing last month that amounted to a miniature trial over whether military officials had subjected Private Manning to unlawfully harsh conditions over the roughly eight months he spent at Quantico in 2010 and 2011. His defense team had asked for the charges to be dismissed or for 10-for-1 credit for time served for the bulk of his time in Quantico, which could have shaved around seven years from any eventual prison term.

But Colonel Lind, who spent nearly two hours reading her opinion in a small courtroom on Tuesday afternoon, found for the government on most of the disputed facts. She recounted in great detail Private Manning’s sometimes erratic behavior and mental problems both before and after his arrest in Iraq in 2010, including suicidal gestures and comments that she said made his captors legitimately fear that he was dwelling on suicide and biding his time until an opportunity arose.

“There was no intent to punish the accused by anyone in the Marine Corps brig staff or chain of command,” she said. “The intent was to make sure the accused was safe, did not hurt himself and was available for the trial.”

Still, Colonel Lind found that some steps brig officials had taken were excessive. The government had already conceded that Private Manning should not have been kept on the strictest status, “suicide risk,” on two occasions totaling seven days, after a brig medical official said that status was no longer necessary. She agreed, awarding one day of credit for each of those days.

She also said that it eventually became excessive and effectively punitive for brig officials to keep him on “prevention of injury” status — a category that did not require a doctor’s assent — for a 75-day period starting in November 2010, when his behavior had been stable for a lengthy period, and ending when he had an anxiety attack.

And she also awarded 20 days’ credit for a period beginning in April 2011 until he was transferred from Quantico later that month, when brig officials kept him on an extra-strict version of “prevention of injury” status. That included removing his underwear nightly after a comment he had laughingly made to a guard in early March that he could kill himself with its elastic band if he wanted.

Finally, she awarded him 10 days’ credit for a period in which brig officials allowed him just 20 minutes of exercise a day instead of the full hour other prisoners were granted.

Colonel Lind’s opinion also at one point discussed events reported in two articles in The New York Times in March 2011, recounting the removal of Private Manning’s clothing at night: a reaction, it is now clear, to his comment about killing himself with his underwear.

The first article said Private Manning had stood naked during inspection one morning in early March and cited his lawyer, David E. Coombs, as saying his client had been “forced” to do so. But Judge Lind portrayed the event as more ambiguous than an order: Private Manning, lacking clothes, had covered himself with a blanket, and a guard asked if that was how he stood at attention. He reacted by dropping the blanket.

The second article, published the next day, cited a Marine brig spokesman as saying that Private Manning would be required to stand outside his cell under similar conditions each morning. But starting the next day, she found, guards began giving Private Manning his clothing back each morning before inspection, and she said there was no evidence he had stood outside his cell rather than inside it.

Also on Tuesday, the judge began hearing arguments on a pair of motions by prosecutors seeking to restrict the ability of Private Manning’s defense team to call witnesses and introduce other testimony related to his motivation and whether the documents were overclassified.

Article source: http://www.nytimes.com/2013/01/09/us/private-manning-of-wikileaks-case-must-face-charges.html?partner=rss&emc=rss