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Some Links Dec 19 and Open Thread
Dan, I think the problems with the argument, we live in a nation of laws, Bradley Manning should be subject to the law, are twofold.
Firstly even old blind Freddie can see other instances when amerikan secrets have been sold, traded or given to foreign powers, and where the damage done to the US as opposed to amerika, has been both quantifiable and much worse than that Bradley Manning is alleged to have committed, yet not only were the guilty parties acquitted they spent no time at all in the slammer before they got let off.
I refer of course to the case of Franklin, Rosen & Weissman. After pleading guilty to 3 charges; Franklin copped over 12 years, but was released on bail, then the eventual sentence was dropped to a few months house arrest. All without a day in the solitary hell that Manning has endured. Those three were all mature DC policymakers well aware of the impact of their actions and the consequences of being caught. The stuff they traded was contemporaneous policy discussion and intelligence product, restricted to a handful of people in Washington, not the interesting but historical accounts of past incidents, made available to millions of amerikan employees which Manning is accused of passing on.
As well these AIPAC spies were being paid to spy – unlike Manning who acted in what he believed to be the best interests of his compatriots.
The judge, who let Rosen & Weissman off, Judge Ellis, ruled that:
“For a crime to be committed, he said, the accused must have sought both benefit to another nation as well as harm to the United States. Ellis issued legal rulings that set a high bar for the prosecutors, including a requirement to prove that Rosen and Weissman knowingly meant to harm the United States or aid another country”
Now we know that precedent won’t be applied to Manning don’t we? For a ‘nation of laws’ amerika has a pretty complicated and cunning way of using laws to achieve subjective outcomes. If anyone bothered to ask someone in the legal decision making scam in amerika, someone who actually had some say in the attack on Manning, “why it was that the Rosen, Weissman ruling didn’t apply” that person would be subjected to a supercilious patronising stare, whilst being told that “the Ellis rule is irrelevant here, the cases are completely different because of blah, blah blah’ gouts of twisted & arcane & stunningly mendacious ‘legal theory’ aka convenient bullshit would accompany the response.
We discussed all of this a long time back during the case against Karl Rove and co where that federal judge was brought in to ‘investigate’ Rove and his office’s role in leaking secrets to the media. Some were foolish enough to think the ‘investigation’ would amount to something, when others of us pointed out that instances where the judiciary goes head to head against the executive are as ‘rare as rocking horse shit’.
No matter how good the grounds for prosecution may be, judges always find an out. Similarly when the executive really wants things done, someone prosecuted, no matter how thin the evidence, the courts nearly always find a way to convict.
I seem to remember that Billmon dug out a Harvard law study of a range of high/supreme courts throughout the ‘democratic nations’ on exactly that issue. The study found, what I had always suspected after years of seeing shonky decisions favouring those in power across all sorts of matters, in a heap of different countries; namely courts favour the government in their final rulings close to 90% of the time.
But the main reason why most people who like what WikiLeaks has done, are opposed to Bradley Manning being prosecuted, nation of laws or not, is much simpler and easier to accept at a gut level.
We all know that if convicted, the life of Bradley Manning, a naive 22 year old kid, who acted according to his conscience rather than ‘what would be best for him’, will essentially be over. He will go down for a very, very, long time.
If it were just a case of him copping a discharge and time served, most of us wouldn’t feel too good about it but it would be bearable. That won’t be what happens however.
The cruel and ugly old men who pull the levers on the juggernaut known as ‘the amerikan empire’ want to ‘make an example of Manning’, so they can go straight back to their twisted and barbarous attacks upon humans all over this planet, without fear of further exposure. He will be unjustly punished for trying to be a human in a room full of sociopaths.
Back when “The London Times” as amerikans refer to it, was a decent fishwrap, unsullied by Murdoch’s dreams of global domination, it ran a fairly over the top editorial on the arrest and imprisonment of M Jagger, and K Richard, on minor drugs possession charges. The charges were made chiefly, the Times argued, because the establishment decided to make an example of the Rolling Stones, in the hope that this would drive the youth of that day back to endless pints of warm, flat horsepiss, & away from acid & grass inspired dreams of world peace and happiness.
The editor of the Times took a quotation from Alexander Pope’s “Epistle to Dr Arbuthnot” as a headline for the opinion:
“Who breaks a butterfly upon a wheel?” Nowadays that quotation appears farcical in relation to either Richard’s wrinkled and toothless visage or Jagger, ‘the skeletor with lips’ –both appear far removed from a butterfly, but these were young men in 1968 perhaps not as innocent or well intentioned as Bradley Manning, but nevertheless, they still emanated a sense of idealism, unfortunately lost in the years after once reality collided with their best intentions.
Of course Bradley Manning will probably suffer the same fate, most of us do, but everything I have been able to discern about Manning thus far portrays a young human being, unsure of himself maybe, but damned sure that being a party to the needless killing of humanity was not what he signed on for, and certainly wasn’t what he was told he had signed on for.
In a just world where the people of amerika assessed the Manning incident objectively without the tsunamis of irrational fear and hatred being tipped over the subject to divert them from the reality, I have no doubt that a jury of 12 of Manning’s peers would come up with a verdict that would equitably & justly decide Manning’s guilt or innocence. Then if he had been judged guilty of some crime, a fair-minded judge who wasn’t being subjected to the bribery, threats, and blandishments of those who held more power than he/she, could pass a sentence that even Manning could agree was fair.
But none of that is going to happen. I understand more now than before Dan, the extraordinary pressure you must be under; living in the world those at the sharp edge of empire also inhabit. You manage to resist their perverse take on reality well and I salute you for that, but I know from my own experiences of life in such environments, that no one can live in that world and remain completely free of the subjective views of the people around them.
I remember watching the commencement of Gulf War 1 on TV surrounded by retired airforce & army types from england, australia, amerika and south africa. I had tears streaming down the old face and they all looked at me like I came from another planet. Up until that point we had sort of managed to achieve a shared reality where I accepted some of their contentions and they had gone along with mine. This was on general discussions about the world and ‘the west’s role in it, but once the rubber met the road and their assumptions about whitefella’s right to take what they wanted when they wanted (although these blokes would never have said it like that themselves), became reality; it was obvious our shared reality, that little zone where we attempted to accept each other’s world view, could not exist.
The’ old US of A’ may well have been founded on a nation of laws, but even if that were the case once Dan, it is certainly no longer true. This is amerika. Manning’s fate won’t really be decided in a courtroom, no matter how hard those who do decide his fate try to convey that lie.
It will be decided by those cruel & ugly old men, who will then, and only then, select a relevant law to support that decision from a veritable cornucopia of always contradictory, frequently unconstitutional, and mainly unjust laws that have been made by many generations of ugly & cruel old men.
Posted by: Debs is dead | Dec 20 2010 22:06 utc | 12
here’s an interesting story that definitely opens itself up to speculation. at this point the gaps in the information lead to some shady connections. i don’t have time to do a proper writeup on the context/background on this (you can brush up on it in the threads at africacomments.org) but the main thing to know is that tensions b/w somaliland and puntland have been exacerbated by the obama administrations new “dual-track” somalia policy and the amassing of new mercenary forces in puntland under the assistance of saracen uganda and ex-cia & USG officials. earlier this month somaliland confiscated a russian cargo plane that it claims was ferrying military supplies to puntland, in violation of the long-standing, long-abused UN arms embargo and, so the rumour goes, to possibly be used in new military campaigns against somaliland.
Reuters: Somaliland frees South Africans in weapons plane
Somalia’s northern breakaway enclave of Somaliland has freed two South Africans who were passengers in a plane that officials say was laden with weapons destined for Puntland, its deputy chief prosecutor said.
Aden Hero Diig told reporters it had been confirmed that the two were journalists and they had been released, a day after Air Transport Minister Mohamed Hashi Abdi said they would be charged with falsely claiming to be journalists.
“They were only passengers and are working for SPA, an American TV station,” Diig said. The plane, an Antonov-24, landed in Hargeisa on December10 on its way to the semi-autonomous region Puntland.
Cape Times: Newsmen freed after mercenary mix-up
Two Cape Town journalists detained for 10 days in Somaliland as suspected dogs of war after the plane on which they were passengers was found to be loaded with military equipment are to return home this morning.
They were released by the Somaliland government yesterday after a South African intermediary intervened.
Christopher Everson and Anton van der Merwe were arrested on December 10 when the aircraft landed in Hargeysa in the breakaway state of Somaliland, officially part of Somalia.
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[Everson’s] wife, Su, told the Cape Times the pair were expected to arrive in Johannesburg from Nairobi last night. They would fly to Cape Town later this morning.
She was reluctant to comment and said Everson would speak to the media today.
“I don’t want to give out information that is not correct,” she said.
Everson had every right to speak for himself, Su said. She slammed the press, saying it had failed to report accurately what took place, but declined to set the record straight.
According to initial reports, Everson and Van der Merwe were working for Moonlighting Films, a film production company based in Cape Town.
Su denied the pair had been working for Moonlighting Films, but could not say who they had been working for.
Theresa Ryan van Graan, of Moonlighting Films, refused to comment about Everson and Van der Merwe and did not confirm whether they had been working for the company.
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The pair believed they were flying to Puntland to film counter-piracy operations in Bosaso and said that they knew nothing about the South African-linked security company Saracen International.
Saracen is run by Lafras Luitingh, a former senior executive of the now-defunct South African mercenary company Executive Outcomes.
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Until Sunday, Somaliland’s Air Transport Minister Mohamed Hashi Abdi was saying the two South Africans would be charged with falsely claiming to be journalists.
But yesterday Somaliland’s deputy chief prosecutor, Aden Hero Diig, told reporters that authorities had confirmed that Everson and Van der Merwe were journalists or film-makers, working for SPA, an American TV station.
Moonlighting Films supplied the two journalists to SPA for the assignment, according to sources.
The families of Everson and Van der Merwe had asked the South African government to help release the two men.
Iqbal Jhazbhay, a Unisa academic and expert on Somaliland with close contacts to the Somaliland government, helped Pretoria to reach the government.
It is understood that the United Nations, which investigated the incident, also confirmed that Everson and Van der Merwe were bona fide journalists.
The UN probed the incident because all of Somalia is under a UN arms embargo. As a result of the investigation, the six Russian crew are to be charged with breaching the embargo, sources have said.
Mail & Guardian: Two South Africans released from Somaliland
According to Iqbal Jhazbhay, a specialist on the region who helped the South African authorities facilitate contacts, theirs is a cautionary tale.
“They were in the wrong place at the wrong time with the wrong people without knowing it.
“It is a serious lesson for people not to board a plane when you don’t know what is on there,” said Jhazbhay, a professor in the Religious Studies and Arabic Studies department of Unisa and author of Somaliland: An African Struggle for Nationhood and International Recognition.
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He explained that the two, who are according to the Cape Times a cameraman and a sound man, had been contracted by a company called Moonlighting Films to work in neighbouring Puntland.
A producer already in Puntland had made their travel arrangements. They were to travel on a Russian Antanov going there for security company Saracen International, which is believed to be contracted to protect oil drilling interests in Puntland.
Jhazbhay acknowledged that there was a theory that Saracen was doing military training, but he felt that it was more plausible that their job was to protect the drilling.
After boarding in Uganda and heading for region, the pilot had intended to refuel in Ethiopia’s Addis Ababa.
But, apparently because the process is slow at that airport, he decided to press on to Somaliland and refuel there.
so what is SPA — anyone heard of or know anything about it? — and why are they working w/ a military outfit founded by mercenaries (and part-owned by museveni’s brother)? why would either puntland or saracen want a film crew on sight when this is such a powder keg? are everson and van der merwe moonlighting? there is a lot more to this story than has been reported so far.
Posted by: b real | Dec 21 2010 17:07 utc | 15
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