Nobel nominee’s lawyers may subpoena Nobel laureate: can they do it? Yes, they can!

Darker Net has learnt that as part of their defence strategy the legal team representing Nobel Peace Prize nominee Bradley Manning may consider issuing a subpoena to Nobel Peace Prize recipient Barack Obama to appear at the trial of Manning, scheduled for September. The intention, in relation to Article 37 (Unlawfully influencing action of court) of the Uniform Code of Military Justice, would be to demonstrate that statements made by President Barack Obama, who is also the Commander-in-Chief, have prejudiced Manning’s defence and this is a sound reason to have the case against Manning dismissed. The specific statement by Obama referred to is, ‘We’re a nation of laws. We don’t let individuals make their own decisions about how the laws operate. He [PFC Manning] broke the law.”. Mr. Obama would also be questioned about his policy of transparency of government as well how none of the information published by Wikileaks and allegedly provided by Manning has not harmed either US interests or personnel.

Manning’s legal team may also, in relation to Article 13 (Punishment before Trial) of the Code, argue that their client has already been punished by the number of days he has been held and by the torture* he experienced (verified by the UN Rapporteur on Torture) and that this, too, invalidates his prosecution.

Thirdly, in relation to Article 46 (Opportunity to Obtain Witnesses and Other Evidence) of the Code, Manning’s defence may argue that the Government has hidden vital documents from them – in particular, the alleged damage assessments – and this is another reason why charges should be dismissed.

Here are the charges levied against Manning.

See pre-trial hearing notes for more details.

And to those who question why the USA should be criticised for hiding war crimes when many other countries – often dictatorships – are not similarly investigated, or why many regard Manning as a hero, the answer is simple… any democracy that claims high standards can only be a beacon if it opens itself up to scrutiny and welcomes whistleblowers, like Manning, when such crimes are committed.

In contrast, the game plan of the US Government is completely clear: at a convenient point after Julian Assange has been extradited to Sweden the Prosecution service in America will offer Manning a deal, providing he implicates Assange, who will then be extradited to the USA and imprisoned in Guantanamo Bay.

And that is why to see each stage of what is happening in this drama involving Assange and Manning as being separate developments is missing the whole point: ultimately, the US strategy is about ensuring no one dare reveal secrets again, that Wikileaks is destroyed and that a McCarthy-style era is ushered in to round up its activists.

* Manning also had support, little publicised, from the hacker group, Anonymous, which threatened in March 2011 to disrupt activities at Quantico, where Manning was being tortured, by cyber-attacking communications there unless he was given access to clothing, bed clothes, reading material, and a ball. Shortly after, these demands were met.

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