After imprisoning Private First Class Bradley Manning for eighteen months, the U.S. Army last week finally began the preliminary stage of his court-martial proceeding, and that initial process ended on Thursday. Manning faces over 30 charges; the most serious â âaiding the enemyâ â carries a death sentence (though prosecutors are requesting âonlyâ life in prison for the 24-year-old soldier). The technical purpose of this weekâs hearing was to determine if there is sufficient evidence to warrant a full court-martial proceeding; the finding (that there is such evidence) is a virtual inevitability. Manningâs counsel, Lt. Col. David Coombs, spent the week challenging the Armyâs evidence, suggesting that his client may have suffered âdiminished capacityâ by virtue of his gender struggles and emotional instability, and finally, forcefullyÂ arguingÂ that the leaks were an act of political conscience and that the Army has severely âoverchargedâ Manning in an attempt to coerce incriminating statements against WikiLeaks (Kevin GosztolaÂ andÂ The GuardianÂ were at the hearing and have recaps of what happened over the last week; my general view of Manning was set forth in anÂ Op-Ed inÂ The GuardianÂ last week, and my specific view of the gender defense isÂ here).
For the moment, I want to make one narrow point about Bradley Manning. Iâve made it before but it was really underscored for me by a debate I had on anÂ Al Jazeera programÂ Thursday night regarding Manning with Daniel Ellsberg and the neocon activist Cliff May, who vigorously defended the Obama administrationâs treatment of Manning (the video of our segment is embedded below; it was preceded by a short interview of P.J. Crowley):
Ever since Manning was accused of being the source for the WikiLeaks disclosures, those condemning these leaks haveÂ sought to distinguishthem from Ellsbergâs leak of the Pentagon Papers. With virtual unanimity, Manningâs harshest critics have contended that while Ellsbergâs leak was justifiable and noble, Manningâs alleged leaks were not; thatâs because, they claim, Ellsbergâs leak was narrowly focused and devoted to exposing specific government lies, while Manningâs was indiscriminate and a far more serious breach of secrecy. When President ObamaÂ declared Manning guilty, he made the same claim: âNo it wasnât the same thing. Ellsbergâs material wasnât classified in the same way.â
One problem for those wishing to make this claim is that Ellsberg himself has been one of ManningâsÂ most vocal defenders, repeatedly insisting that the two leaks are largely indistinguishable. But the bigger problem for this claim is how blatantly irrational it is. As Ellsberg clearly details in this Al Jazeera debate, he â Ellsberg â dumpedÂ 7,000 pages ofÂ Top Secretdocuments:Â the highest known level of classification; by contrast,Â not a single page of what Manning is alleged to have leaked was Top Secret, but rather all bore a much lower-level secrecy designation. In that sense, Obama was right: âEllsbergâs material wasnât classified in the same wayâ â the secrets Ellsberg leaked wereÂ classified as being far more sensitive.
To the extent one wants to distinguish the two leaks,Â Ellsbergâs was the far more serious breach of secrecy.Â The U.S. Governmentâs own pre-leak assessment of the sensitivities of these documents proves that. How can someone â in the name of government secrecy and national security â praise the release of thousands of pages of Top Secret documents while vehemently condemning the release of documents bearing a much lower secrecy classification?
Nor is there any way to distinguish the substance of the two leaks. While the Pentagon Papers exposed the lies from American leaders regarding the Vietnam War, the WikiLeaks disclosures have done exactly the same with regard to the Iraq War, the war in Afghanistan, and a whole litany of other critical events. Here is what Ellen Knickmeyer, the Baghdad Bureau Chief forÂ The Washington PostÂ during the Iraq War,Â documentedÂ about the Iraq War logs Manning is accused of releasing:
Thanks to WikiLeaks, though, I now know the extent to which top American leaders lied, knowingly, to the American public, to American troops, and to the world, as the Iraq mission exploded.
Is that not exactly what makes so many people view the Pentagon Papers leak as noble and just? Even some of Manningâs fellow soldiers in Iraq haveÂ hailed the WikiLeaks leaker as a hero. Beyond that, the diplomatic cables and war logs released by WikiLeaks revealed falsehoods and improprieties from the U.S. government (and other governments around the world) in aÂ wide range of areas: its involvement in the covert war in Yemen; lies told by the U.S. Government regardingÂ horrific, civilian-slaughtering incidents in Iraq; and, in general,Â numerous acts of abuses, deceit and illegalityÂ regarding much of what was done under the War on Terror rubric: exactly as the Pentagon Papers did.
Nor, if the U.S. Governmentâs evidence is to be believed, can there be any doubt about the similarity in motives between the two leakers. Just as Ellsberg repeatedly explained that he could not in good conscience stand by and have the world remain ignorant of the government lies he discovered about the Vietnam War (a war he once supported and helped plan), so, too, did Manning repeatedly state that these leaks were vital for informing the world about the depths of brutality, corruption and deceit driving these wars (including one war to which he was deployed as a soldier) â all with the goal of triggering what he called âworldwide discussion, debates, and reforms.â In theÂ purported chatsÂ he had, Manning described how the intense worldwide reaction to the video of an Apache helicopter shooting unarmed civilians and aÂ ReutersÂ journalist in Baghdad âgave me immense hopeâ; thatâs because: âi want people to see the truthâŚ regardless of who they areâŚ because without information, you cannot make informed decisions as a public.â That is as pure an expression as possible of exactly what motivated Ellsberg as well.
Just as Ellsberg came to realize the evil of the war of which he was a part and felt compelled to act to expose it even at the risk of his own liberty, so, too, did Manning (in the chat logs Manning purportedly said: âim not so much scared of getting caught and facing consequences at this pointâŚ as i amÂ of being misunderstoodâ). The Army Private also explained in the chat logs that he began to realize how heinous the Iraq War was when he discovered that âinsurgentsâ being rounded up and imprisoned by the U.S. Army were doing nothing more than issuing âscholarly critiquesâ of the Malaki governmentâs corruption â only to find that his Army superiors ignored his discovery when he brought it to their attention. Both Ellsberg and (allegedly) Manning then did the same thing: turned over the information they discovered to a third party to select the parts that should be published to the world (The New York TimesÂ for Ellsberg and WikiLeaks for Manning).
Whatâs really going on here in thisÂ Manning v. EllsbergÂ comparison is pure intellectual cowardice. At this point â four decades after it happened â most people are unwilling to stand up and publicly condemn the Pentagon Papers leak. In progressive circles, it has long been entrenched dogma that Ellsbergâs leak was just and noble and that the Nixon administrationâs efforts to prosecute Ellsberg were ignoble. Ellsberg has hero status, and deservedly so: he risked his life, literally, to expose to the world just how systematic and deliberate was the U.S. Governmentâs deceit about the Vietnam War and how heinous was the war itself.
As a result, very few people are willing to condemn what he did (even the neocon May, in this Al Jazeera debate, was afraid to say that what Ellsberg did was wrong). So in order to condemn Manning â and, as importantly, if not more so, to defend the Obama administration â itâs necessary for Manningâs critics to contrive distinctions between the Pentagon Papers leak and the WikiLeaks disclosure:Â of course I approve of what Ellsberg did â all Decent People do â but what Manning is accused of doing is radically different and just awful: he must be punished.
The clear reality, though, is that those who condemn Manning now and want to see him imprisoned for decades are the direct heirs of those who, in the early 1970s, wanted to see Dan Ellsberg imprisoned for life. Those who now condemn both Ellsberg and Manning â like those who support the executive power abuses and secrecy of both the Bush and Obama administrations â are authoritarians to be sure, but at least theyâre sincere and consistent in their views; itâs those who support one but condemn the other who are incoherent at best.
As Ellsberg himself makes clear, everything that is being said now to condemn Manning âÂ everythingÂ â was widely said about Ellsberg at the time of his leak.Â Back then, Ellsberg was repeatedly accused of being a traitor, of violating his oath, of endangering Americaâs national security, of aiding its enemies, of taking the law into his own hands; he was smeared and had his sanity continuously called into question. Had it not been for the Nixon administrationâs overzealous attempts to destroy him by breaking into the office of his psychiatrist â the primary act that caused the charges against Ellsberg to be dismissed on the grounds of government misconduct â there is a real possibility that Ellsberg would still be in a federal prison today. Heâs viewed as a hero now only because the passage of time has proven the nobility of his act: itâs much easier to defend those who challenge and subvert political power retrospectively than it is to do so at the time.
As the Walkely FoundationÂ recognized last monthÂ when awarding WikiLeaks and Julian Assange Australiaâs equivalent of the Pulitzer Prize: âthe secret cables Â create[d] more scoops in a year than most journalists could imagine in a lifetime.â Those who want to see Manning punished and imprisoned for decades are driven by exactly the same mentality as those who wanted to see Ellsberg in prison back then: a belief that the U.S. Government has the right to use secrecy to hide its acts of deceit and illegality, and that those who expose such acts to the world are the real criminals. Just as the Obama administrationâs obsessive persecution of whistleblowers has its roots in the secrecy-worshipping mentality of the Nixon administration â in herÂ New YorkerÂ articleÂ on the war on whistleblowers,Â Jane Mayer quotes Gabriel Schoenfeld as saying: âObama has presided over the most draconian crackdown on leaks in our historyâeven more so than Nixonâ â those demanding Manningâs punishment are, in every sense, the Nixonians of today. Manningâs critics are made from the same authoritarian cloth as those demanding Dan Ellsbergâs scalp in 1971. They should at least be honest enough to admit that, and stop contriving blatantly false distinctions between the two cases.
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One unanswered question surrounding the charges against ManningÂ has long beenÂ this: who, exactly, is âthe enemyâ Manning is accused of aiding? On Thursday, military prosecutors supplied the answer: Al Qaeda. Apparently, by disclosing to the world the U.S. Governmentâs bad acts undertaken in secrecy, one is legally âaiding Al Qaeda.â Gosztola, in hisrecap of the proceedings, details how dangerous that theory is to basic journalism, asÂ did Law Professor Kevin Jon Heller back in March.
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- Manning Pre-Trial Wraps up (waronterrornews.typepad.com)
- Court Martial for Bradley Manning in Wikileaks Case? – ABC News (abcnews.go.com)
- The Wikileaks Tribunal – Glenn Greenwald Reports on Bradley Manning’s Military Pre-Trial Hearing (allianceforanidiotfreeamerica.wordpress.com)
- Bradley Manning pre-trial hearing: what we learned (guardian.co.uk)
- U.S. Army leak case adjourns for court-martial decision (ctv.ca)
- Manning awaits decision on military tribunal (rt.com)
- Charges against Bradley Manning should be cut to 3, defense argues (cnn.com)
- Hearing concludes for suspected WikiLeaks leaker Manning – Reuters (reuters.com)
- WikiLeaks Suspect’s Hearing Concludes (myfoxny.com)
- WikiLeaks – Bradley Manning, whistleblower or traitor? Secrecy but not at any price. (nextlevelofnews.com)