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Wed May 29, 2013, 09:37 PM

Let's Get It Right: No, Bradley Manning is NOT facing the death penalty

The Holy Saint and Blessed Martyr Julian of Assange, featured on Democracy Now! today, claims:

... Bradley Manning is making his statements under duress, presently. He is facing a capital offense, which Barack Obama would have to sign, so politically there is possibly only a 3 percent, say, chance that Barack Obama would sign a death certificate or that the judge would decide to promote a death certificate ...

Um, no. Let's get it right

Under the definitions of the Manual for Courts-Martial (800+ pp!),

... Rule 103. Definitions and rules of construction
“Capital case” means a general court-martial to which a capital offense has been referred with an instruction that the case be treated as capital ... “Capital offense” means an offense for which death is an authorized punishment under the code and Part IV of this Manual ...

See MCM p II-1. On the next page II-2 appears

... Notwithstanding any other rule, the death penalty may not be adjudged if ... The case has not been referred with a special instruction that the case is to be tried as capital ...

Bradley Manning is charged, among other things, with an Article 104 violation. Discussion of Article 104 begins in the MCM at page IV-41. An Article 104 violation is indeed a "capital offense" under the MCM definition above, meaning that in some circumstances a death sentence might result from conviction for an Article 104 violation. HOWEVER,

Bradley Manning's case is NOT a "capital case" under the MCM definition above, meaning that Manning CANNOT receive a death sentence if convicted -- because Manning's case was not "referred with a special instruction that the case is to be tried as capital"

... An Army spokesperson confirmed that Almanza endorsed proceeding with the case precisely as prosecutors urged. "The Investigating Officer also recommended against seeking the death penalty in this case" ...
Investigator urges court martial for WikiLeaks suspect Bradley Manning
By JOSH GERSTEIN | 1/12/12 3:09 PM EST

FORT LESLEY J. MCNAIR, D.C. – After reviewing the investigating officer’s report of charges under Article 32, Uniformed Code of Military Justice, the recommendations from the chain of command, and the case file, the general court martial convening authority, Maj. Gen. Michael S. Linnington, referred all charges and specifications to a general court martial today in the case of US vs Pfc. Bradley E. Manning ... If convicted of all charges, Manning would face a maximum punishment of reduction to the lowest enlisted pay grade, E-1; total forfeiture of all pay and allowances; confinement for life; and a dishonorable discharge ...
General Court Martial Conveyning Authority Refers Charges Against Pfc. Bradley E. Manning
FOR IMMEDIATE RELEASE #12-02
DATE: February 3, 2012






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Reply Let's Get It Right: No, Bradley Manning is NOT facing the death penalty (Original post)
struggle4progress May 2013 OP
RobertEarl May 2013 #1
MotherPetrie May 2013 #2
BlueToTheBone May 2013 #3
niyad May 2013 #4
BlueToTheBone May 2013 #5

Response to struggle4progress (Original post)

Wed May 29, 2013, 09:41 PM

1. Free Bradley Manning!

 

That's all we need to say. Besides that, he did us all a huge service.

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Response to RobertEarl (Reply #1)

Wed May 29, 2013, 09:45 PM

2. +1

 

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Response to struggle4progress (Original post)

Wed May 29, 2013, 10:37 PM

3. thanks! n/t

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Response to BlueToTheBone (Reply #3)

Wed May 29, 2013, 10:48 PM

4. LOVE your sig line

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