And so to Bradley Manning.
As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear.
As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia.
What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence.
Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere. His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
Gary Edwards on 04 Aug 13excerpt: "….Transnationalists want to rewrite the laws of war, do away with the death penalty, restrict gun rights and much more-all without having to win popular majorities or heed American constitutional limits. And these advocates are making major strides under an Obama administration that is itself a hotbed of transnational legal thinking…. To be clear, transnationalism isn't a conspiratorial enterprise. In the legal academy, its advocates have openly stated their aims and means. "International law now seeks to influence political outcomes within sovereign States," Anne-Marie Slaughter, then dean of Princeton's public-affairs school, wrote in an influential 2007 essay. International law, she went on, must expand to include "domestic choices previously left to the determination of national political processes" and be able to "alter domestic politics." The preferred entry point for importing foreign norms into American law is the U.S. court system. The Yale Law School scholar Howard Koh, a transnationalist advocate, has written that "domestic courts must play a key role in coordinating U.S. domestic constitutional rules with rules of foreign and international law." Over the past two decades, activist judges have increasingly cited "evolving" international standards to overturn state laws, and Mr. Koh has suggested that foreign norms can be "downloaded" into American law in this manner…. Ms. Slaughter and Mr. Koh held top posts at the State Department during Mr. Obama's first term, and their tenures coincided with an aggressive push to ratify or recognize as customary law… a host of … progressive causes. For proof that the transnationalist threat isn't merely theoretical, look no further than the European Union…. Today over half of the regulations that affect Europeans' lives are made by administrators in Brussels, not by national legislatures. These regulations include the EU's ban, announced in May, on restau
