David E. Coombs, the attorney representing Bradley Manning, discusses the laws that apply for attempting to secure more humane treatment
for the young man in the Marine brig in Quantico:
The defense has raised the conditions of PFC Bradley Manning's confinement conditions on multiple occasions with the Quantico confinement facility and the Army Staff Judge Advocate's (SJA) Office assigned to handle this case. Our efforts, unfortunately, have not resulted any in positive results. To its credit, the SJA office is attempting to correct this situation. However, given the fact that Quantico is a Marine Corps facility, it has similarly had no success.
PFC Bradley Manning, unlike his civilian counterpart, is afforded no civil remedy for illegal restraint under either the Federal Civil Rights Act or the Federal Tort Claims Act. Similarly, the protection from cruel and unusual punishment under the Eighth Amendment and Article 55 of the Uniform Code of Military Justice (UCMJ) does not generally apply prior to a court-martial. Thus, the only judicial recourse that is available is under Article 13 of the UCMJ. Article 13 safeguards against unlawful pretrial punishment and embodies the precept that an accused is presumed innocent until proven guilty. Article 13 provides that:
No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Earlier, Coombs detailed what a typical day is like for the incarcerated suspect here
David House, a personal friend of Manning, visited him in the brig over the weekend, and plans to blog about the conditions on Firedoglake.
And, related: A Boing Boing reader points to instructions on how one might send postal mail to Manning, if one is so inclined.
Republican Secretary of State Colin Powell says he’s going to vote for Democrat Hillary Clinton instead of his own party’s candidate, millionaire reality TV star Donald Trump. “I am voting for Hillary Clinton,” he said, according to Matthew Cohen, a spokesman for the association. Mr. Powell went on to praise Mrs. Clinton for her skills […]
Five Republican Congressional candidates — Reps. Bob Dold (R-Ill.), Mike Coffman (R-Colo.), David Jolly (R-Fla.), John Katko (R-N.Y.) and Brian Fitzpatrick (R-PA) — have threatened broadcasters with libel suits over Democratic campaign ads that tie the men to their own party’s presidential candidate, millionaire Donald J Trump.
Gerald Daugherty, a Republican county commissioner in the Austin-area Travis County, has produced one of the best ad-spots of the season, depicting him as a politics-obsessed public servant whose long-suffering, side-eyeing wife can’t wait for him to be re-elected so she won’t have to listen to him drone on about how much he wants to […]
Geek Fuel is a subscription delivery service that caters to those of us that love comics, gaming, and general geek culture. Every month, Geek Fuel will assemble a box of goodies with a value of $50 or over. The specific items are a mystery, but you’ll always get an exclusive t-shirt not found anywhere else, a full […]
If you like to DIY and you like helicopters, you’re going to really love the Flexbot Hexacopter Kit. This copter blows traditional models out of the water: it includes everything you need to actually build your own hexacopter, and then pilot it like a pro, too.The construction is complicated enough to give you a challenge, […]
This week’s top deals from the Boing Boing Store range from lobster to wine to desk organization. 1. Get Maine Lobster (50% Off)With these discounted packages from Get Maine Lobster, you can experience the sweet, fresh flavor of world-renowned Maine lobster right at your own dinner table. There are four options to choose from, each at […]