Chain of Command: Some Violations of Military Discipline Are More Equal Than Others

The other day, Teddy Partridge noted a second instance of someone in the military–the previous one being the Commander-in-Chief–weighing in on Bradley Manning’s guilt.

Echoing his commander in chief in issuing statements that provide improper command influence in the trial of Bradley Manning, the Chairman of the Joint Chiefs of Staff, Gen. Martin Dempsey, stated unequivocally that Manning broke the law.

To review, here’s what Barack Obama said when asked about Bradley Manning in April 2011:

And if you’re in the military… And I have to abide by certain rules of classified information. If I were to release material I weren’t allowed to, I’d be breaking the law.

We’re a nation of laws! We don’t let individuals make their own decisions about how the laws operate. He broke the law.

It appears that President Obama’s highest military officer agrees with him:

The Joint Chiefs chairman also was asked about Manning, the alleged WikiLeaks contributor, and whether Dempsey thought Manning should be viewed as a political prisoner, whistle-blower or traitor.

“We’re a nation of laws. He did violate the law,” Dempsey said.

Meanwhile, Staff Sergeant Robert Bales has not even been charged yet–his lawyer, John Henry Browne, says the military has neither forensics nor a confession incriminating him!–but Generals are sending Browne messages wishing him the best in his defense of Bales.

Browne added that he has received hundreds of emails, including from some generals and other military figures, who wished him luck in the case.

Don’t get me wrong. I hope Browne does his best to give Bales a robust defense. And as I’ve noted repeatedly, I’m not at all convinced that the killings occurred as the military currently claims they did; if so I hope Browne proves that, too.

But I would be shocked if any generals wrote David Coombs, Bradley Manning’s lawyer, to wish him luck in defending a tough, unpopular client. Yet both men–Manning and Bales–are alleged to have violated military discipline in ways that hurt our efforts.

Update: Fixed my misspelling of Bales’ name.

Tweet about this on Twitter96Share on Reddit0Share on Facebook84Google+1Email to someone

28 Responses to Chain of Command: Some Violations of Military Discipline Are More Equal Than Others

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28

Emptywheel Twitterverse
bmaz Hateful Eight looked killer; great writeup from Kim RT @SunsetGunShot Thoughts on The Hateful Eight live read http://t.co/JnaJqVs559
19mreplyretweetfavorite
bmaz @laRosalind The red is the best color on the Tesla. Would look even better on the Jaguar Musk STOLE his body design from.
32mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker At any rate, this is minuscule in relative scope, but helpful in showing there can be a deal cut.
36mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker Whether it is successful, or to what extent, who knows. But it is usable infer and precedent for fashioning the arg.
46mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker Irrespective, you get there by making arguments; I could sure fashion this and other cases into one.
47mreplyretweetfavorite
bmaz @SpyTalker That is a completely different criminal jurisdiction. Also, a defense atty has to try everything he can. I'd find this useful.
48mreplyretweetfavorite
bmaz @SpyTalker Is it a "winning" argument, no of course not; is it useful for mitigation, absolutely.
54mreplyretweetfavorite
bmaz @SpyTalker What displays is govt can move downward on such charges, there IS precedent; and there are many other instances too.
55mreplyretweetfavorite
bmaz @SpyTalker They are not in scope. But if you look at general overview, both involve removal of class info, both charge espionage etc.
57mreplyretweetfavorite
bmaz @SpyTalker also, stop calling me Shirley!
1hreplyretweetfavorite
bmaz @SpyTalker Mostly, yes. But it fits into an overall defense theme I've had in mind for a while as far as plea and sentencing.
1hreplyretweetfavorite
bmaz RT @MikeScarcella: Then: Six felony counts (three under Espionage Act). Now: One misdemeanor http://t.co/G2oKpbHl2h New charging doc: http:…
1hreplyretweetfavorite