By Chris Floyd
Perhaps all is not lost. In the long dark night of our military imperium, a shaft of light, of hope, has suddenly appeared — the Court of Appeal of the Armed Forces of the United States. For it turns out that if a military prisoner has faced the least mistreatment during incarceration, even a temporary abuse of due process, then all charges against him will be dropped and he can walk free.
Many people have worried about the fate of Bradley Manning, a lone soldier who informed the world of war crimes being committed by the War Machine that has devoured the American republic and turned its ravaging, profit-reaping fury on the world. As we all know, Manning is now in the iron grip of that Machine, facing the prospect of life in prison for his truth-telling, having already endured a long incarceration marked by episodes of relentless psychological torture. Many people quite reasonably dread what awaits Manning when the Military Court hands down its inevitable verdict against him.
But wait — perhaps all is not lost after all. In the long dark night of our military imperium, a shaft of light, of hope, has suddenly appeared. And it comes from — of all places — the very pinnacle of the military justice system that is bearing down on Manning: the Court of Appeal of the Armed Forces of the United States.
For it turns out that if a military prisoner has faced the least mistreatment during incarceration, even a temporary abuse of due process, then all charges against him will be dropped and he can walk free. And since Manning has manifestly faced any number of abuses of due process and egregious mistreatment, then we can be supremely confident that the military Court of Appeal — which enshrined this Solomonic principle in a recent case — will act with perfect consistency and release Bradley Manning in good time, whatever the eventual outcome of his current trial.
After all, that’s what the Court has done for poor Lawrence Hutchins III, the good Marine who has been persecuted for years merely for carrying out his duty during America’s “extraordinary achievement” — as Barack Obama so aptly termed it — in ousting the dictator Saddam Hussein from power in Iraq. (It seems there were some other reasons adduced for the invasion back in the day — something sort of dubious? even spurious? — but thankfully, these have long been forgotten as America has put aside the petty squabbles of the past and returned once more to implacable sense of righteousness that wraps the nation’s every action in a golden, godly glow.)
All Sgt. Hutchins did was lead his team on a night raid against a private home in the Iraqi town of Hamdania. All he and his team did was break into the house, grab an innocent retired policeman named Hashim Ibrahim Awad, drag him down the road to the site of a IED attack, tie him up, shoot him dead in cold blood, then dump his body in the IED hole, remove the plastic restraints, and leave a stolen AK-47 rifle next to the corpse to pretend Awad was a terrorist who had been killed in a firefight. That’s all Hutchins did. Oh yes, that, and have his men shoot Awad repeatedly in the face, in the hope of obliterating his identity. But family members recognized the body and demanded justice from their American military occupiers.
Then came the real crime, the misdeed that would later lead the Court of Appeals of the Armed Forces of the United States to carry out its humanitarian intervention and set Hutchins free. As AP reports, Hutchins was arrested by the military brass and held “in solitary confinement without access to a lawyer for seven days during his 2006 interrogation in Iraq.” Thus Hutchins — who was facing a term of 11 whole years for kidnapping an innocent man, shooting him in the face then covering up the crime — was released from custody last month by the Court of Appeals, which cited the six-day spell in solitary as the basis for overturning his conviction.
Who knew that the American military justice system was so fiercely adherent to due process that it would even let a killer go free on a “technicality,” like a bunch of wimpy ACLU lawyers? Who knew they would act with such exemplary exactitude in applying letter of the law down to the last jot and tittle? Yet this is the principle they have firmly established with their ruling on Hutchins: the failure to safeguard a military prisoner’s full panoply of legal rights in every respect must result in the overturning of any subsequent verdict against that prisoner, and his release from captivity.
I think we can all rest easier knowing that this principle will now be guiding the decisions of the U.S. military justice system from now on. For surely it will be applied universally, not only to Bradley Manning but also to, say, the captives in Guantanamo Bay, who are subject to the same military justice system. Surely, it cannot be that this strict adherence to the legal niceties will only be applied in cases where an American soldier has brutally murdered some worthless towelhead in some piece-of-sh*t foreign hellhole we had to invade for some reason or another a long time ago, so who cares anyway.
No, surely, that cannot be. For as our recent history clearly shows, the operators of our War Machine always adhere strictly and consistently to the highest and most noble principles, applying them to all equally, the great and the low, without fear or favor, or the slightest hypocrisy.
So Bradley Manning has nothing to worry about!
Right?
ABOUT THE AUTHOR
Chris Floyd is an American journalist. His work has appeared in print and online in venues all over the world, including The Nation, Counterpunch, Columbia Journalism Review, the Christian Science Monitor, Il Manifesto, the Moscow Times and many others. He is the author of Empire Burlesque: High Crimes and Low Comedy in the Bush Imperium, and is co-founder and editor of the “Empire Burlesque” political blog.
