It's interesting that you would ask it that way. The only evidence I've heard of existing against him is just an unauthenticated plain text file provided by a convicted felon.
Possibly there's a solid case there, I'm just saying I haven't heard of it.
In the US system, the defendant is given the presumption of innocence and isn't obligated to issue public denials and such. So regardless of whether or not he did it, he's probably better off just not saying anything at all.
The fact that he's active-duty military changes a lot of things about the process too, but apparently not in the direction of making it into a public media trial.
Sleep deprivation does wonder to human brain. Water boarding doesn't leave any traces (and thus we can believe official statements not mentioning application of water boarding to Manning :) and does even more wonders to a human (anybody who don't believe that it is a torture - your comments are welcome after you spend 5 full minutes without breathing. Please ask a friend for help if you can't hold your breath for that long on your own.)
What's terrible is how long he's been held without trial, however.
Furthermore, according to Lt. Col. David Coombs, Manning's counsel:
“[Manning] is held in solitary confinement. For 23 hours per day, he sits in his cell. The guards check on him every five minutes by asking him if he is okay. He is required to respond in some affirmative manner. At night, if the guards can not see him clearly, because he has a blanket over his head or he is curled up towards the wall, they will wake him in order to ensure that he is okay. He receives each of his meals in his cell. He is not allowed to have a pillow or sheets. He is not allowed to have any personal items in his cell. He is only allowed to have one book or one magazine at any given time to read. The book or magazine is taken away from him at the end of the day before he goes to sleep. He is prevented from exercising in his cell. If he attempts to do push-ups, sit-ups, or any other form of exercise he will be forced to stop. He receives one hour of exercise outside of his cell daily. The guards take him to a room and allow him to walk. He usually walks in figure eights around the room. When he goes to sleep, he is required to strip down to his underwear and surrender his clothing to the guards.”[2]
According to an official at the Marine brig at Quantico, Va., the nudity is in fact happening[3][4].
Now, I'm not saying that all the aforementioned accusations are true, but it now seems clear that the solitary confinement and forced nudity at least are happening - over several months of illegal incarceration without due trial of any kind.
[1]: http://www.salon.com/news/opinion/glenn_greenwald/2010/12/14...
[2]: http://www.salon.com/news/opinion/glenn_greenwald/2011/03/04...
[3]: http://www.salon.com/news/opinion/glenn_greenwald/2011/03/05...
[4]: https://www.nytimes.com/2011/03/05/world/05manning.html?_r=1
"PFC Manning was transferred to the Joint Regional Corrections Facility (JRCF) at Fort Leavenworth on April 20, 2011. I was able to tour the facility and meet with PFC Manning last week. PFC Manning is now being held in Medium Custody. He is no longer under Prevention of Injury watch and is no longer subjected to harsh pretrial confinement conditions.
Unlike at Quantico, PFC Manning cell has a large window that provides adequate natural light. His cell also has a desk, a bed, and a toilet. The cell is approximately 80 square feet. He is provided with a normal mattress, sheets and a pillow. None of his clothing is taken away from him at night. PFC Manning is able to have all of his personal items in his cell, which include his clothing, his legal materials, books and letters from family and friends. He is also able to have a pen and paper at all times in his cell, and is able to write whenever he chooses.
PFC Manning is housed in a special area of the confinement facility, along with other pre-trial detainees. Each pre-trial area (including PFC Manning’s) has four cells, and each pre-trial detainee is assigned to his own cell. The cells are connected to a shared common area, with a table, a treadmill, a television and a shower area. Click here in order to see photos of the JRCF area..."
http://www.armycourtmartialdefense.info/2011/05/typical-day-...
Edit: Sorry, it was the UN Special Rapporteur for Torture, not the Red Cross.
he'll get his trial as soon as :
- the treatment of him sends enough of deterrence message to any would be leaker (if Guantanamo is any indication, Manning has at least a couple more years to go)
- he is ready and happy to plead guilty. For example, in 1936-38 in Soviet Union people in mass were pleading guilty to any charges they were asked to just to end it and be shot quickly. Manning is kept on suicide watch for a reason - even this ultimate escape from whatever happens to him is unavailable to him.
Why am I hoping he is acquitted? Because his intentions really were those of a whistleblower, and I think he has done us citizens a service. Really, Manning should have been named in this prize along with Assange.
His supporters obviously don't know that he's innocent, so they're sensibly not saying he is. People can't know he did it, they too should sensibly not say he's guilty.
If I was a member of the jury I could not in good conscience return a guilty verdict to any organization the holds it's prisoners in the conditions that the US Military holds their prisoners.
The 5th amendment is very important and Manning's decision to use it is not an indicator of his guilt. Guilt must be proven beyond a reasonable doubt and it must be for laws that are just. A plaintext log from a convicted felon does not push the bar over that threshold in my opinion.
When the commanding officer of ever jury member has instructed them that he is guilty it would raise doubts in my mind as to whether the laws that allow a trial to take place after such instruction are just. Also, the fact that you need to give up many of your rights in order to be eligible for treatment under the UCMJ raises many issues. The economic pressures and well as indoctrinal issues due to mandatory schooling and the content of that schooling raise questions as to whether Manning was of sound mind and free from duress when signing the UCMJ.
It's important to note that in the mandatory school system a class on critical thinking is not required, unlike some non-mandatory systems like IB where critical thinking is a required component.
What I am interested is how people like you get on the jury without being filtered out. You are certainly not someone the prosecution would want on. Are juries selected for authoritarianism and blind conformity, could you fake it through the selection process?
Over the next few years we will see if all these Middle Eastern countries become democratic and not under a heavy handed stifling regime/dictatorship. If most go democratic that is a win for all countries and ironically best for the U.S.