Wednesday, January 9, 2013

Judge Rules Bradley Manning Mistreated; Orders Goofy Remedy

With the caveat that I am not a lawyer...

Judge Lind's response to the government mistreating Bradley Manning seems flawed. Background:
After two weeks of intense litigation by Bradley Manning's defense, and hearing how Quantico brig staff blatantly disregarded Navy Rules in their mistreatment of Bradley, military Judge Denise Lind acknowledged that Bradley was punished unlawfully before trial and she has awarded him 118 days sentencing credit.
This isn't a remedy at all if Manning is found "not guilty".

So, Judge Lind's remedy to the unlawful actions by the government pretty much tells that the trial is a sham. Manning is going to be found guilty.


BTW, Article 93 of the Uniform Code of Military Justice makes cruelty and maltreatment of a subordinates a criminal offense.
Elements.
(1) That a certain person was subject to the orders of the accused; and

(2) That the accused was cruel toward, or oppressed, or maltreated that person.
Of course, if the commander of the brig were prosecuted, it would be a bit awkward for the government if he defended himself by saying he was ordered to engage in the misconduct toward Manning.

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