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Some legal questions on #BradleyManning

@gracels - a lawyer based in the United States - had some questions regarding possibilities of relieving the conditions of #bradleymanning's confinement, both legal and diplomatic. The resulting conversation highlights the differences between civilian and military legal systems. Some posts have been reordered for clarity.
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Grace Lidia Suárez @gracels

.@auerfeld If Manning is UK citizen, how can he serve in US armed forces? Just asking, I don't know.

02/04/2011 04:53:06 WIB
Grace Lidia Suárez @gracels

.@auerfeld What duty does Britain have towards dual citizen who pledges allegiance to foreign country by joining its military?

02/04/2011 05:21:28 WIB
Naomi Colvin @auerfeld

. @gracels Hello! Pls see here: http://bit.ly/fOIjVN and (now there's a capital charge) here: http://bit.ly/ij3deA - UK resp #bradleymanning

02/04/2011 05:25:08 WIB
Grace Lidia Suárez @gracels

.@auerfeld 1. Consular duty triggered by request from prisoner. 2. US not pursuing death penalty.

02/04/2011 05:32:55 WIB
Naomi Colvin @auerfeld

. @gracels 1. Inconsistent with current practice where prisoner clearly *cannot* ask for access - as Bradley can't. 2. Bradley is facing

02/04/2011 05:36:45 WIB
Naomi Colvin @auerfeld

. @gracels the death penalty. US military freely admits that what prosecutors recommend has no bearing on convenor's sentencing power.

02/04/2011 05:37:25 WIB
Naomi Colvin @auerfeld

. @gracels For more on UK consular policy, I recommend you look at the 2008 Annual report of the Commons' Foreign Affairs Committee.

02/04/2011 05:38:17 WIB
Grace Lidia Suárez @gracels

.@auerfeld Manning can and has requested visitors and his attorney can do it for him.

02/04/2011 05:39:07 WIB
Grace Lidia Suárez @gracels

.@auerfeld Manning has one capital charge but prosecutors announced they will not seek death.

02/04/2011 05:39:51 WIB
Naomi Colvin @auerfeld

. @gracels What the prosecutors are seeking is irrelevant; the military judge chooses any sentence at his discretion. This is in US mil PR.

02/04/2011 05:40:47 WIB
Grace Lidia Suárez @gracels

.@auerfeld Death sentence imposed after government announced death not on the table would violate due process.

02/04/2011 05:41:06 WIB
Naomi Colvin @auerfeld

.@gracels Do you get the impression that due process has been respected to date? I certainly don't. #bradleymanning

02/04/2011 05:41:38 WIB
Grace Lidia Suárez @gracels

.@auerfeld Has Manning's counsel sought consular help?

02/04/2011 05:42:33 WIB
Naomi Colvin @auerfeld

.@gracels He has not, no. Maybe you'd like to take this up with him?

02/04/2011 05:43:15 WIB
Grace Lidia Suárez @gracels

@auerfeld LOL. No, I'm sure he's a fine attorney and if there was an issue he'd pursue it.

02/04/2011 05:44:41 WIB
Naomi Colvin @auerfeld

@gracels I am confident that David Coombs is pursuing all avenues open to him under the UCMJ. Diplomatic pressure is not his area, though.

02/04/2011 05:45:57 WIB
Grace Lidia Suárez @gracels

.@auerfeld If due process has been denied why has defense not sought relief from the courts?

02/04/2011 05:43:38 WIB
Naomi Colvin @auerfeld

. @gracels Defence is trying. However under UCMJ complaints will only be heard when the case comes to court martial.

02/04/2011 05:44:26 WIB
Grace Lidia Suárez @gracels

.@auerfeld But habeas lies if rights systematically deprived and military authorities refuse to act.

02/04/2011 05:45:54 WIB
Grace Lidia Suárez @gracels

.@auerfeld There is pretrial relief for conditions of confinement that amount to punishment.

02/04/2011 05:47:21 WIB
Naomi Colvin @auerfeld

.@gracels #bradleymanning has been in solitary (+POI) for some 8 months now. Amnesty, HRW, the UN, ACLU et al have all criticised his

02/04/2011 05:47:24 WIB
Naomi Colvin @auerfeld

.@gracels treatment in the strongest possible terms. In late Jan, the Commander of the Quantico brig was fired for a violation of the

02/04/2011 05:48:48 WIB
Naomi Colvin @auerfeld

. @gracels US military's own rules in Bradley;'s case. As hard as this may be for you to accept, abuses are taking place and the US system

02/04/2011 05:49:28 WIB
Naomi Colvin @auerfeld

.@gracels isn't up to dealing with it - for whatever reason.

02/04/2011 05:49:41 WIB
Grace Lidia Suárez @gracels

.@auerfeld True, but takes me back to extent of UK power under treaty when dual citizen pledges allegiance to another country.

02/04/2011 05:48:53 WIB
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Comment

Naomi Colvin @auerfeld 02/04/2011 18:30:22 WIB
Some posts reordered for clarity.
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