Manning’s defense lawyer, David E. Coombs, has filed a motion requesting Lt. Col. Paul Almanza recuse himself from his position as the presiding investigative officer over Pfc. Bradley Manning’s Article 32 hearing.
Coombs listed four reasons that he says independently support but collectively mandate Almanza recuse himself.
First, he has served as a career prosecutor with the Justice Department since 2002 and has prosecuted over 20 cases. The DoJ also has an ongoing investigation into the case of Bradley Manning. He alleged the DoJ would like to flip Manning and have him testify against Julian Assange and WikiLeaks. The Justice Department has also not ruled out taking over the prosecution from the military.
Second, the government requested twenty witnesses and had all of them granted. They only listed names and no basis for why they would be relevant to the hearing. The defense, on the other hand, submitted a 19-page list of forty-eight witnesses. Ten happened to be on the government’s list and were approved. Only two of the thirty-eight other witnesses, Coombs stated, were approved “to the detriment” of Bradley Manning who is accused of “aiding the enemy,” a charge that carries the death penalty.
Third, Coombs said the defense filed well in advance a request that a limited portion of the hearing be closed. This way it would be possible for there to be no “prejudice to the defense.” He requested this multiple times and was denied. He argued the surest way to prevent prejudice would be to “close proceedings.”
And, finally, Coombs questioned the government’s delays in the judicial process. The defense has constantly asked, “Why is it taking so long?” as has the public. Coombs pointed out the prosecution has asked for “delay, after delay, after delay,” and the investigative officer granted the delay. The delay was related to the government needing to review with “original classified authorities” whether the release of classified information had caused actual damage. However, the prosecution was denied the ability to call witnesses that would testify on this issue specifically: whether actual damage had been caused.
Almanza answered various questions about the case. He said he had presided over six court-martials. He testified that he had begun to work for the Justice Department in 2002. When asked about when he was mobilized to preside over the hearing, he said that happened officially on December 2.
Additionally, he told Coombs he was appointed in August 2010 and was only aware of allegations that appeared in articles or on television. He asserted he made an effort to not read articles or headlines related to the case. He recalled if these allegations were true “it was a serious matter.” But, he said he did not form opinions on this case prior to taking his position as the investigative officer over Pfc. Bradley Manning’s Article 32 hearing.
Court is now in the middle of a recess that could last a while. If Almanza recuses himself, he will do so because he is convinced he is biased. No superior officer can ask him to stay if he concludes he is biased. Also, the proceedings would come to a standstill and it would be weeks before they resumed because a new investigative officer would have to be appointed and given time to become familiar with the case.



71 Comments

Thanks for the report, Kevin.
Interesting motion.
Editor: Check out the repeated paragraphs for deletion. Thanks. Otherwise, thank you, Kevin. Interesting how the legal process itself becomes a way to prevent justice.
I’d like to send Bradley Manning a X-Mas card. Anyone have the address?
In paragraph 6, shouldn’t it be
This is another unconstitutional Kangaroo Court. This is quite similar to the Chicago 8 Kangaroo Court. The US Dept of Justice protects the real criminals. Bradley Manning is a hero everyday that he withstands the torture ordered by President Obama. Obama is a Fascist who has destroyed American Justice.
Al Qaeda is a CIA Army that was used to attack the Twin Towers. The CIA has created a Police State to support their forever wars.
It is difficult to understand Coombs’ strategy. Does he expect Almanza to say you’re right I’m prejudiced? His other reasons, that he prosecuted 20 cases is a reason to be biased? If I had a dollar for every prosecutor who becomes a judge, I’d have a bit of money. As for the delay, the motion, if granted, guarantees more delay. I don’t understand the witness thing. I’m not up on military justice (an oxymoron?) but the idea you cannot produce any witness you want in your defense goes against the freedoms we supposedly hold near and dear. How does not closing the hearing prejudice the defendant? I haven’t understood the B. Manning case from the start. Still don’t.
I think the motion is pretty standard practice in these types of proceedings. It puts the defense on record as objecting to the military’s selection of investigator, which gives grounds for appeal at a later date.
IANAL, but that’s my thought on it.
IANAL, neither but I do know that in civil courts (in California at least) any party can file a “peremptory challenge” against a judge assigned to a case if the party feels they cannot get an impartial and fair trial of their case before that particular judge.
You’re missing a key point, this isn’t a case of a prosecutor who becomes a judge— this a prosecutor who IS a judge. Colonel Almanza is a reservist called up for active duty, his day job is federal prosecutor.
As a military judge, Almanza is protected against career retaliation for his legal rulings. However since this is a case where the President of the United States has already declared the defendant guilty, Almanza could reasonably fear retaliation at his day job for ruling against the government (most reservists go back to private sector jobs, Almanza will return to the Dept of Justice).
“Third, Coombs said the defense filed well in advance a request that a limited portion of the hearing be closed. This way it would be possible for there to be “prejudice to the defense.” He requested this multiple times and was denied. He argued the surest way to prevent prejudice would be to “close proceedings.”
I do not understand this paragraph. Coombs wants the trial hidden? Are we sure he doesn’t want it mostly open, and only a small (limited) amount closed?
I agree with almost all of your points, including not understanding what Coombs has been doing from the start. I have asked several times whether he is competent and not gotten an answer.
Guilty of what?
Guessing you’re the one who hasn’t been reading.
Treason, definitely not.
Documents were not classified.
No harm was done to U.S. national security, according to USG’s own evaluation.
Have you ever read a Woodward book? He gets classified info all the time & publishes it. If you think Manning is guilty, Woodward should have been prosecuted & locked up decades ago.
democracynow coverage from this morning.
Whatever, he’s just guilty because the people’s president said so and he’s never ever lied to us before. /SNARK
Verdict first then the trial is that it ?????
If Manning wants a really bad lawyer, he should get Melanie Sloan.
Obviously, the more publicity the better. If Manning’s lawyer does not understand that, then the neo-cons win, again, and Bradley Manning loses.
All that stuff was not classified, really. The Collateral Damage” video was not classified? Really? Then how much worse is the stuff they classify?
Shooting an entire town including women and children, was classified, but documentary evidence was left in an abandoned trailer, as not important enough to bring along. This makes me wonder why they bothered with Manning in the first place. Is it just a vendetta against Asssange?
Clarified it for you, speak clearly please !
Yea, right after george bush and dick cheney otherwise you love the killing don’t you ?
Speak the truth around here
Yea I missed the ” I think ” part.
No he doesn’t think the slaughter of innocents is “Truth , Justice and the American way” or is very humane or American.
That’s what we’re selling .
…with liberty and justice for all.
Hey, eat shit and die asshole.
Go back a read your # 15 comment I was responding to, there is no ” I think” there, I think.
Don’t talk to the people’s president like that./s
PFC Manning went to his superior officer and told him about the video.
His superior basically said ‘to mind your own business, this doesn’t concern you.’
Okay, today I read that they are still trying to prosecute 90 year old Nazi prison guards, reasoning that if they were there, and did not stop it, they are guilty.
Bradley Manning witnessed the cover up of several civilian massacres. He reported to his superiors, who told him to continue to cover them up. His work task was to help target potentially innocent Iraqi citizens. Out of a sense of moral outrage, and actual complicity if he continued his assigned duties, he is accused of releasing evidence to Wikileaks, in order to get the US and military to stop their actions. These actions which are illegal according to the Geneva Convention. The New York Times printed these materials.
By what measure is Private Manning guilty of “Aiding the Enemy”? If he did nothing he would have been guilty of “War Crimes”! Talk to the 92 year old Nazi that was just convicted of war crimes!
http://www.haguejusticeportal.net/eCache/DEF/12/667.TGFuZz1FTg.html
Givethemspoons eCHAN, a smart woman, ATE your lunch, buddy.
Givethemspoons are you out there ?
If you can’t argue the facts resort to castigating the commenter.
Take a minute an trace back your talking points .
Upon reflection, please ignore ‘spoons, (s)he just wants to poke everyone with a sharp stick. It’s obvious ‘spoons doesn’t know the subtleties of the case. If you ignore ‘spoons, (s)he’ll go away.
I do not usually get carried away. But the obscenity and depravity of the war peddlers has no bounds.
The citizens know nothing about these wars other than the lies peddled by “Givethemspoons”. Manning told the truth and faces more torture or assassination. Every day that Bradley Manning holds out against the torturers is a great victory. But he is Guilty Guilty Guilty and that is a given from the start by the Kanagaroos of the Kangaroo Court.
” Just following orders “don’t cut it ,Jack !
Right! In Viet Nam, Lt. Calley was just following orders, too. If a soldier is given an illegal order , he should refuse to follow it. PFC manning refused to continue the cover-up of a war crime. He’s a hero, not a criminal.
Maybe because you don’t need one ?
I’m done !
Disclosing illegal acts performed by our government should not be illegal even if it is classified information. In the real world if you know of a crime and you don’t report it you are guilty of a crime for not reporting it. Why doesn’t the same apply for our military and government? They are called whistleblowers and they are supposed to be protected. If we don’t protect them then none will come forward for future crimes… which is really what this trial is all about. Scare the shit out of anyone thinking of reporting anything illegal they see happen by our military or government.
Edit: And if you can’t see that then you are a lost cause from the start.
Givethemspoons likes war crimes and kangaroo courts. Pretty stark when you just say it.
Givethemspoons-hey, are you one of the guys who saw Sandusky in the shower with kids and didn’t say anything? Not their place, right?
Exactly!
I have to admit, I feel invisible here today. All bickering, and no linked data! What has become of us?
What we need is a good summary of the case, with linked data to published testimony. I will start to look. If someone out there is as frustrated as me, and gets to this faster, please do!
Here’s a little suggestion: checkout Greenwald’s article from yesterday entitled “Bradley Manning Deserves a Medal.”
It was posted at The Guardian/UK and is archived at:
http://www.commondreams.org/view/2011/12/15-1
Many of us believe that many within our gov’t should be on trial for misusing the classification process in order to cover up war crimes in Iraq and Afghanistan.
The bottom line here is that Manning allegedly released classified information that detailed crimes committed by the US Government. He is a whistle blower protected from recrimination under Federal and military statutes. The collateral murder video alone illustrates heinous war crimes and international crimes against humanity, as well as violations of multiple treaties. If Bradley was indeed responsible for this leak, he is to be protected from any recrimination or retaliation.
The government, in response to this, has persecuted him mercilessly, tortured him, and refused to afford him due process. He has not been found guilty of any crimes, yet has been detained for 18 months. Our government has refused to let UN investigators visit Manning. Congressional representatives who are concerned about Manning’s treatment and well-being have been refused the right to visit him.
The president declared him guilty in remarks that were broadcast and played over and over by our national media.
Again, he has not been found guilty of any crimes. The crimes he is accused of are actions that are protected under Federal Whistle Blower laws. The ‘aiding the enemy’ shit is a trumped up charge with no supporting evidence that, if it were true, is only a by-product of Manning doing his sworn duty to protect and uphold the Constitution of the United States and all treaties entered into by the United States.
In closing, I’d like to suggest you fuck off. Go back to your hole, you fucking troglodyte.
I should amend this. He wants a limited portion closed so he can discuss information that might elicit a prejudiced response from the IO if it were otherwise open.
He doesn’t want the trial hidden.
Coombs wanted this prelim behind closed doors because he expects the govt to make up a load of BS about Manning. He doesn’t want wild prosecution accusations prejudicing Manning before the jury is selected.
If anyone is guilty of Treason, it is the whole fucking Bush administration.
I think that what is important about GIVETHEMSPOON’s testimony here, is that his is the mindset of the military court. What chance does a whistle blower have when he is to be judged by men and women who believe in obedience over conscience, and worship killing over morality. Many of his judges have participated in war crimes themselves, such that they have a more vested interest in perpetuating the coverups, then they do in stopping the killing of innocent civilians.
No feeding trolls even if they bring their own spoons.
Thanks for the concise clarity:
Here is an excerpt from Private Manning’s Wikipedia page that discusses his probable motivation. Again, he was being ordered to be complicit in war crimes! http://en.wikipedia.org/wiki/Bradley_Manning
He said he hoped the material would lead to “worldwide discussion, debates, and reforms,” and if not we’re “doomed as a species…”. He said the reaction to the Baghdad airstrike video had given him hope: “CNN’s iReport was overwhelmed … Twitter exploded …” He continued: “i want people to see the truth… regardless of who they are … because without information, you cannot make informed decisions as a public.[24]
Later that day he said the incident that “got [him] the most” was when 15 detainees were arrested by the Iraqi Federal Police for printing anti-Iraqi literature. He was asked by the army to investigate who the “bad guys” were, he said. He told Lamo he discovered the detainees had printed what he called a scholarly critique of the Iraqi prime minister, one called “Where did the money go?” that followed what Manning said was a corruption trail within the Iraqi cabinet. He reported this to his commanding officer, but said “he didn’t want to hear any of it”; he said the officer told him to help the Iraqi police find more detainees. Manning said he realized, “i was actively involved in something that i was completely against …” [24]
KrisAinTX,
Well put but please don’t lower yourself to;
“In closing, I’d like to suggest you fuck off. Go back to your hole, you fucking troglodyte.”
You are so much better than that , leave the sludge to GTS types. Just a suggestion.
I appreciate your opinion of me, tjbs, but I’m not better than that. I call a spade a spade, at times. When someone is suggesting that a young man be thrown in jail for life, and his only crime is being gay and allegedly pissing off the power-elite, I’ll tell that someone to fuck off and call them a troglodyte.
I of course don’t think being gay is a crime. I think that’s the main reason Bradley is being persecuted so viciously here. Had this been a straight male soldier I think things would’ve gone a lot differently. That’s just my humble opinion, though. I have no evidence to support it.
On edit – today I’m also an apparent abuser of commas. Can’t seem to help myself in my comments.
Why do you keep calling eCAHN “Rose”? Is that some sort of pejorative in your mind?
eCHAN, you know this pig personally? He is cut from the same mold as Clarence Thomas? (er, fermented in the same mold?)
I don’t know if that’s her name or not, and in general we respect the use of blog names here, even if we do know the poster’s real name. Few of us would be interested in your stories, especially given your tendency to mock and belittle and just make stuff up. Do you really think that’s acceptable behavior? Why don’t you find another place that’s more to your liking?
He is a few “spoons” short of a full set of tableware, and nasty to boot. I suggest we just ignore this Goldman Sucks plant entirely.
Agreed.
Unless your real name is fucker or asshole, you shouldn’t worry about it. We’re still respecting your anonymity here.
And I didn’t call you fucker, I called you a fucking troglodyte. There’s a difference. If you’re offended I can retract the “fucking” part and apologize. I know that was a bit harsh of me.
I’ll stand by the “troglodyte” portion of my comment.
Mods, where are you? This spoons has made personal threats, enough is enough.
You’re right. I didn’t realize he was a federal prosecutor. How could anyone in his right mind assign him this case? You can get paranoid and conclude they do this because they don’t have a case. They want Manning to remain in jail until some appellate court says there is a conflict of interest, which there certainly is.
Troglodyte is one of those words I have understood by inference, not definition, so I looked it up. I think definition #4 is most applicable to this thread, “a person unacquainted with affairs of the world.” http://dictionary.reference.com/browse/troglodyte
Who says that bickering bloggers can not lead to education!
Precious.
Also this:
2.07pm ET: MW – The presiding judge in the Bradley Manning hearing has ruled against a defence motion that called on him to remove himself from the case.
http://www.guardian.co.uk/world/blog/2011/dec/16/bradley-manning-hearing-live-updates
Yeah, I read that.
He declared a recess so that he could call his bosses at the DOJ, and ask them what to do. Sigh.
Captain Kangaroo and his Kangaroo Court.
The “Whole of Government” means that the government does not serve the citizens. It means the citizens are forced to serve the neo-cons and their plans for world wars. It means citizens such as Bradley Manning are targets for neo-cons. Julian Assange is framed by the Pentagon. And Pakistan is free to shelter Bin Laden for five years.
Even more interesting is this from Kevin’s Live Blog:
3:00 PM — A writ for extraordinary relief or access to proceedings has been filed by WikiLeaks lawyers, who demand guaranteed access for Julian Assange and WikiLeaks’ counsel to the Bradley Manning proceedings. The document filed and further details can be found here at the Center for Constitutional Rights.
Just before this recess, the IO mentioned this filing. He tried not to draw attention to it and did not mention who filed the writ. Now I realize this is what he was talking about.
http://dissenter.firedoglake.com/2011/12/16/bradley-manning-pre-trial-hearing-live-blog/
Wow. I guess that is right. Whatever happens here has a direct effect on Julian Assange! No wonder they wanted a DOJ Prosecutor as the Judge. What is the plural of kangaroo? US Justice System?
That will last as long as a fart in a hurricane.
Perhaps it will mean something at the Hague.
Also, WRT your…
I think I addressed this @cwolf December 16th, 2011 at 1:30 pm .
Wasn’t sure then but now I am,,, and I also know he wants to avoid a media shitstorm associating his client with the wikileaks matters.
I guess the question for the DoJ is:
Does the road to prosecuting Julian Assange run through Bradley Manning?
Thank Goodness Manning’s attorney is aware!
He will not have a fair trial if the Assange catch is implemented.