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A few days ago, I hosted a segment of my show about the torture of Bradley Manning. On it, I argued with regular contributors Karen Finney, Jimmy Williams, and Susan Del Percio about whether Manning, as a member of the military, has the right to due process and the right not to be tortured. I believe he has rights, the others disagreed.
Captain David Price, a viewer and a retired JAG corps member, wrote in to clarify. Since that segment, the commander at Quantico where Manning is housed has been replaced, and the Department of Defense conducted an embarrassing press conference (which you can view here).
Dylan
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I turned on the Dylan Ratigan show this afternoon somewhat in the middle of the discussions concerning PFC Bradley Manning focused on the length and conditions of his confinement at the Consolidated Brig, Marine Corps Development Command, Quantico, Virginia. While I do not have sufficient personal knowledge of either the allegations or the facts concerning his treatment to be able to respond to those concerns, for the purposes of this note I will accept as accurate what has been reported concerning unauthorized actions on the part of the command operating the brig. My response is not focused towards the specific facts of his case; but, rather, are in response to comments made on the show that there is “no due process in the military” or similar comments that when a person joins the military they surrender all legal rights and protections under the U.S. Constitution.
It is true that military service is unique. The reality, however, is that military personnel do retain the essential rights and privileges of any citizen or lawful resident of the United States, although those rights are exercised within the context of the special demands inherent in military service, where the rights of an individual will often be of secondary concern to the needs of good order and discipline in the protection of our national defense.
Throughout history are instances where individuals have abused their authority. No law or regulation will ever prevent misconduct from occurring. What laws can do, however, is provide a mechanism for holding wrongdoers accountable for their actions, whether it be PFC Manning as concerns the allegations against him; or Brig Commander James Averhart and the accusations being made against him. What is essential is responsible leadership, at all levels in the military chain of command, up to the President, as Command-in-Chief, if necessary; and through oversight responsibilities of the Congress to ensure that military personnel suspected of offenses are not being abused and that their rights are being protected.
I applaud Jane Hamsher, David House, and David Coombs (Manning’s Attorney) for their advocacy and helping bring attention and light to this issue. A proper investigation should be conducted to inquire into these allegations. IF the allegations concerning mistreatment at the Brig are proved to be correct – then it is incumbent upon those in command to hold accountable those who have abused their positions of authority. That will be the best demonstration of the existence and protection of the rights of a service member. The abuse of authority by a Commander over a subordinate, however, does not necessarily mean that a military member has no rights or that there is “no due process” within the military.
David P. Price
CAPT, JAGC, USN (Retired)
JAG Defense
www.jagdefense.com
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I have a one-word response to the letter of David P. Price – effectively. He is speaking in theory.
Thanks for the comment. I was infuriated by the display of ignorance and apathy by Dylan's guests. He asked several times if Manning's treatment was "right" and never got a direct answer. The smug bastards seem to operate under the assumption "it can't happen to me" and too many Americans feel the same way. Being held that long, under those conditions, without charges should alarm and disturb anyone who doesn't "hate us for our freedoms."
i think george carlin said it best: we don't have rights, we have privileges. there is a distinction between human rights, and legal rights. our 'rights' are not derived from a document (the constitution), or the people who wrote it, or anyone else in a position of authority. that's a fallacious notion. no one can confer 'rights'. so, as noble as the anti-federalists were in securing the bill of 'rights', it means nothing unless there is a consensus on construction and enforcement. obviously there is not. thus, the notion of legal 'rights' is a dream. especially when you take into account socio-economic hierarchy and the symptomatic finance favoritism of so-called 'justice'. the rich get richer and the poor get prison is the dominant cultural practice. the establishment murders and plunders, but bradley manning allegedly releases documents about said murder and plunder and he is the one 'held accountable'. there is obviously some lacking moral imperative, for how is it that releasing documents is more reprehensible than blatant murder, torture, theft, rape, and domination?
I have a one-word response for David P. Price – theoretical. There is material and substancial difference between theory and what happens in the real world. He may be comforted in the knowledge of written laws, procedures, and regulations, but if they are ignored or selectively applied, there is only justice for some.
Way to go Dylan. Your guests responded to your questions like you just didn't get it. You didn't understand how the systems works. Have served in the military I believe those serving within it understand some rights and privileges enjoyed by the civilian community at large will be denied them while they are in uniform. For example they just can't quit there job. However I'd hazard to state that most wouldn't agree that includes abridgement of all consitutional protections and due process of law. You got it right as usual Dylan. Your guest didn't get it.
howdy, superb post, and an excellent understand! 1 for my favorites.