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.
international coombs mannning ACCESS UK consular ucmj David bradley citizenship
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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.
(((Grace Lidia Suárez))) @gracels
.@auerfeld What duty does Britain have towards dual citizen who pledges allegiance to foreign country by joining its military?
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
(((Grace Lidia Suárez))) @gracels
.@auerfeld 1. Consular duty triggered by request from prisoner. 2. US not pursuing death penalty.
Naomi Colvin @auerfeld
. @gracels 1. Inconsistent with current practice where prisoner clearly *cannot* ask for access - as Bradley can't. 2. Bradley is facing
Naomi Colvin @auerfeld
. @gracels the death penalty. US military freely admits that what prosecutors recommend has no bearing on convenor's sentencing power.
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.
(((Grace Lidia Suárez))) @gracels
.@auerfeld Manning can and has requested visitors and his attorney can do it for him.
(((Grace Lidia Suárez))) @gracels
.@auerfeld Manning has one capital charge but prosecutors announced they will not seek death.
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.
(((Grace Lidia Suárez))) @gracels
.@auerfeld Death sentence imposed after government announced death not on the table would violate due process.
Naomi Colvin @auerfeld
.@gracels Do you get the impression that due process has been respected to date? I certainly don't. #bradleymanning
Naomi Colvin @auerfeld
.@gracels He has not, no. Maybe you'd like to take this up with him?
(((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.
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.
(((Grace Lidia Suárez))) @gracels
.@auerfeld If due process has been denied why has defense not sought relief from the courts?
Naomi Colvin @auerfeld
. @gracels Defence is trying. However under UCMJ complaints will only be heard when the case comes to court martial.
(((Grace Lidia Suárez))) @gracels
.@auerfeld But habeas lies if rights systematically deprived and military authorities refuse to act.
(((Grace Lidia Suárez))) @gracels
.@auerfeld There is pretrial relief for conditions of confinement that amount to punishment.
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
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
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
Naomi Colvin @auerfeld
.@gracels isn't up to dealing with it - for whatever reason.
(((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.
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