Poster made by Manning supporter Think-N-Evolve.
MILITARY SUPERIORS TO BLAME
Of all the arguments that I would have expected the defense to make on behalf of Bradley Manning, the American soldier charged with stealing classified documents from the US State Department and causing Cablegate, I would never have figured they'd use his troubled attitude toward his transgender status as a defense in fact as Wired reported before the hearing:
The defense team for alleged WikiLeaks leaker Bradley Manning is seeking to show a massive leak of classified diplomatic documents is the military’s own fault since it repeatedly ignored warnings that the former Army intelligence analyst was emotionally unstable, and continued to let him have access to classified networks.
I would have expected them to use as his defense the story he told himself about his supposed motivation (although I found it shakey) namely, that he witnessed some Iraqis rounded up for having a printing press and publishing a booklet supposedly about corruption (also mentioned by Wired), and he thought that was unfair. That is, to use some kind of anti-war or justice type of conscience defense. (The reason I find it shakey is that he didn't start his career with WikiLeaks reporting *that* and providing evidence, including cables about *that* incident; it seems to be forgotten. We also don't know if his claim is true that these pamphlets were only about corruption, and not incitement of violence.)
HACKER'S DEFENSE -- 'MY VICTIM IS TO BLAME'
I would have also expected the defense to use the typical hackers' scornful defense -- "the lax security of my target made me do it" -- shifting the blame to the US military's poor oversight of their computer files, enabling this young soldier to walk off with such an enormous amount of damaging files.
That would resonate with every hacker and nerd from here to breakfast, as they use this excuse for their criminality constantly -- it really is creepy to hear them rant and rage about companies' security holes, as if they are "begging for it" and therefore "deserve" to be raped.
But instead, the defense not only references Manning's troubled transgender status, it blames his superiors for not recognizing that he was psychologically disturbed, and not getting him into psychiatric counseling or admission to psychiatric treatment. So, instead of this supposedly conscience-driven young hacker having responsibility for his actions, we are to accept that his agitation about his transgender nature -- he had an online female persona and wished to become a female -- and the failure of his superiors to see his psychotic state over this issue should be some kind of exonerating defense.
It really sucks, and you would hope that LGBT people everywhere, and those who champion their rights, would stand up and cry foul over this. And maybe some will. I sure do.
If you accept that being transgendered, even given a possible troubled attitude toward it and a sense of shame or pressure from society, makes you so vulnerable you will commit crimes, or commit actions for which you cannot be held responsible, then you are setting up discrimination against transgendered and gay people everywhere! It's like the "PMS Syndrome" as a defense for a woman committing a crime. Or the "twinkie defense" -- that someone with high blood sugar wasn't in their right mind.
So this is all pretty awful stuff, all the way around, and I hope it will be seen as the gambit it is -- a gambit meant to try to play the rainbow card of gay rights, and distract everyone from the actual crime, even as it in fact undermines gay rights in awful ways. Will Andrew Sullivan at least speak up about this?!
I doubt the left will. For them, the cause of Bradley Manning not only as transgender, but also as sticking it to America and as a crusader for "radical transparency" and Wikitarianism will likely override any lingering doubts they have about using this kind of defense -- the coolness of Wiki and anarchic revolution against the Man will trump LGBT rights, you know? Or in some twisted way someone will claim it's all actually *about* gay rights, even though it isn't. Just watch!
We have to ask why the defense wouldn't have gone the route of pleading insanity, "not fit to stand trial," or somehow severely compromised by a psychiatric illness. But wait, that won't do, because being LGBT has now been removed from the diagnostic manuals, as it should be. How are they squaring *that* circle?! Blaming it on Manning's superiors -- it's really a version of the hackers' hate-filled claim that corporate practices are to blame for their hacking damage, after all.
JULIAN ASSANGE NOW CAUGHT IN A LIE
In any event, this circus shouldn't distract from the most important part of the hearing: Julian Assange has now been definitely caught in a lie, and the implications of the chat logs published by Wired are now validated: Manning has been found to be directly in touch with someone named Julian Assange in chat, and had his contact information on his computer.
Julian Assange and his lawyers of course have continued to lie about this. Assange claims he never got directly in touch with Manning. That's so that he can appear to keep his distance from the crime of inciting hacking. But now he can't.
Of course, duh, we get it that the person chatting with Manning under the name "Julian Assange" might not have been him, but it's likely it was, plus he had his contact information.
Furthermore, there's the Wired chat logs. The logs that Anonymous-champion Gawker cynic Adrian Chen inevitably validated himself. The logs that I've been pointing out over and over in fact show that Manning was in contact with Assange several times, and that he was even reprimanded by the "rat" Lamo for doing his bidding.
I wondered if the FBI would ever look at these Wired chat logs, and whether they would stand up in court. But they found other evidence, on Manning's hard drive, AFP reports:
Contact information for WikiLeaks founder Julian Assange was found on a computer hard drive belonging to Bradley Manning, investigators said Monday, as the US government built its case against the US soldier accused of spilling secrets to the site.
Testifying at a hearing to determine if Manning should face a court-martial, the investigators also said they found evidence of online chats between the US Army private and a computer user identified by the handle "Julian Assange."
ONE YEAR ANNIVERSARY YIELDS FEW ADMISSIONS THAT US IS NOT A WAR CRIMINAL
I noticed when the year anniversary for WikiLeaks and Cablegate came around in November, there was hardly any talk. Oh, there were a few lefty blogs that made it seem like "oh, see, there was no damage at all."
There seemed to be little critical analysis of what a swindler Assange was -- essentially selling these cables by doling them out, getting a $1 million book out of it, making various deals with newspapers (was he paid in these transactions?), driving up his value, leaking in dribs and drabs, until finally, petulantly, spitefully dumping the rest of the whole 250,000 cables because he didn't get his way.
As one of the relatively few writers who has kept on the cables and written about them all year (most journalists gave up after the first round of sensations), I have to re-emphasize that indeed they *did* harm people. I always marvelled that "progressives" claimed there was no damage. It's as if they wouldn't be convinced until we could point to a dead man in a pool of blood clutching his WikiLeaks cable where his name was exposed, leading to his assassination by some deadly authoritarian country's secret police. As if people harmed were supposed to *harm themselves some more* by standing up and saying "I was harmed!" Good God, the stupidity and deliberate malevolence around this issue was astounding.
I personally saw ambassadors, USAID workers, human rights activists, UN employees, police and others who were undoubtedly compromised and who likely suffered in ways we can't even follow up on (because the countries are authoritarian, der.)
I personally found that trying to talk to certain officials after WikiLeaks was incredibly hard. They never talked again or ever flipped back emails again as casually as they might once have. Setting up an interview, you felt they were sweeping areas for bugs, metaphorically speaking or in reality, 10 times before they'd even speak off the record. And I'm just one little person who doesn't do many interviews. Think of people who really work full-time interviewing government officials.
What the "progressives" would not admit, either -- which was shameful -- is just how good Team America looked in this thing. We were shown doing pretty well. Julian Assange, whose main purpose was a Leninist "the worse the better" -- to try to force such openness on the US that it would be forced to its knees by its reactionary closure -- was all wrong. There were no really major scandals. There weren't *really* any cases that were so devastating, that the US government was brought down.
Yes, to be sure -- and I was the first to be writing about this myself -- there were times when the US sidestepped and danced and cavorted with despots and pulled its punches in reports and rounded edges that should have been fronted. We get all that. It's not that the US came out looking somehow purer than we knew it to be, I'm not saying that. I'm saying there were no earth-shattering major scandals in Cablegate (and I personally don't find the Collateral Damage video to be anything near the scandal WikiLeaks tendentiously claimed it was, along with WikiLeaks figurant Jacob Appelbaum.)
I'm sure there are those who have this or that cable that they pull out that shows the US to be up to no good on some favourite cause of theirs. I have a few that show the US to be craven to dictators myself. But I'm talking about the entire "opus," if you will, of 250,000 cables. They do not indict the US as a war criminal. Not by any stretch of the imagination. They show the US having to deal with lots of other leaders of the world who are war criminals, and not always emerging smelling like a rose, but they mainly reveal the world of diplomacy to be largely a place of having to deal with a lot of nasties -- everywhere from Sudan to Iran to China to Russia.
SPRING OF ARAB SPRING NOT IN WIKILEAKS
There are some people who have mounted the crazy thesis that WikiLeaks "caused" or "brought about" or "dramatically helped" the Arab Spring making it all "worth it". That just strikes me as whack. The forces that brought about the Arab Spring were not set in motion by anything Julian Assange did, or anything that the US was shown to do wrong in propping up some of these dictators. It was set in motion by the dictators themselves, who were too cruel, and people couldn't take it anymore, especially when they had Facebook to talk about it -- but not only social media, just real life, face to face. That's all. Any other claim does a grave disservice to the truth of change: that it is brought about because of cruel dictators and people's bravery in fighting them, not "US neoliberal policies" blah blah. Credit where credit is due, you know?
PUNISHMENT IS DUE
Should Manning get court-martialed and sentenced to an entire life in prison, at the age of 24? I don't know, I'm not a military lawyer or judge. I do believe he should be punished for stealing classifed government documents.
The answer to this case isn't, as some libertarian youths tell me, "Oh, we shouldn't classify so many documents."
No, kids. We shouldn't steal so many classified documents. Shifting attention to the issue of what should be declassified is entirely wrong. It's like the erosion of the concept of theft that we've seen from the Google/EFF lobby telling us that copyright infringement isn't theft, or worse that copying content really isn't theft anyway, because it should all be "liberated."
The US is a liberal democratic state -- and is under the "progressive" president Barack Obama now, for God's sake. It will not get more liberal than this. So a liberal democratic government doesn't get to classify cables? Why? It has to deal with some of the world's worst regimes, and take confidential reports from people in some of the most vulnerable positions. Why can't it classify documents?! Of course it can, and should, and will, despite what the lolbertarians think about it.
ASSANGE IMPLICATED -- AND WHY ELLSBERG IS COMPLETELY DIFFERENT
So now there's the question of Assange. He's shown to be in direct touch with Manning by the military's forensic reports, and that means he is directly implicated, not just the New York Times reporting about the Pentagon Papers, not news media, not a journalist, but a source helping to commit a crime to get classified documents. Daniel Ellsberg leaked his own memo -- his own content, if you will -- that he himself had written in a government study group, as a matter of conscience.
Bradley Manning and Julian Assange on the other hand stole and leaked other people's memos, and as an act of vindictive anarchic destruction against authority. Manning's pose of a man of conscience striken over the round-up of the Iraqis with the printing press kind of falls apart when he doesn't just leak that story first, and doesn't find material to back up his claims to leak on that story, but deliberately grabs huge quantities of stuff "because he can" just to stick it to the Man.
The whistleblower defense seems to hold for Ellsberg over the years, even if he himself doesn't seem to grasp the big difference between himself and Manning and Assange.
Of course, by the time the Reddits and Slashdotters get done with it, this evidence will be picked apart and dismissed and scorned, but yet, it stands.
DO TELL
So, people, let's not make this be about "being gay" -- claiming that a man serving in the military before the repeal of "don't ask, don't tell" gets to steal documents and commit massive destructive acts against the United States because he is troubled about his transgendered nature. That's bogus.
And let's realize that if Manning was directly in touch with Assange, and the military now has evidence for that, then we now have proof, if we didn't before, of what a liar Assange is.
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