Why is Manning being

[emilyg]

held without trial for this lonh? Does anybody know?

[glinda]

1. My guess is that they want Assange there.

[emilyg]

2. Is there a time limit for holding someone without trial?

[Drale]

4. Not for Military Tribunals

why do you think they don't want the Gitmo detainees transfered to Civilian courts?

[emilyg]

6. Thanks. I know very little about this.

[Drale]

3. Because he's in the Military and

apparently they can do what ever the fuck they like, to anyone they like.

[emilyg]

7. Sad.

[Ikonoklast]

10. Because his attorneys requested more time to prepare a defense.

They are going to use Manning's mental state at the time as a defense, and asked for more time.

It requires getting expert witnesses lined up, interviews by them with Manning, opinions written...it takes time.

It's not that hard to find on the web.

[emilyg]

11. Thanks.

[Ikonoklast]

14. So much deliberate mis-information about this case out there.

Military rules for justice differ from what civilians are used to.

He is still considered a soldier, and must act like one, even in the brig.

He cannot stand for bail.

He must follow orders.



And so on...


But the idea put out that he is being held without charges or will be held indeterminately is nonsense, he was charged months ago, and again more recently.

His attorneys are the ones who needed time to build a defense around Manning's mental state. That is a difficult thing to do under time pressure without painstaking attention to minute details.

[EFerrari]

15. That is incorrect. His lawyer had to file a demand for a speedy trial:

because the Pentagon was dragging its heels.

13 January 2011
Speedy Trial Update
On 9 January 2011, the defense filed a demand for speedy trial with the Government. PFC Manning has been in pretrial confinement since 29 May 2010. Since 12 July 2010, the case has been on Government requested excludable delay under R.C.M. 707(c). This delay request by the Government was approved by the court-martial convening authority.

The case is currently awaiting the start of a Rule for Courts-Martial (R.C.M) 706 Board. This board will likely begin its work in February.

http://www.armycourtmartialdefense.info/search?updated-max=2011-02-02T18%3A01%3A00-05%3A00&max-results=3

[Ikonoklast]

16. Coombs can't have it both ways.

The subject of a reasonable delay often arises when the defense requests a sanity board be conducted. While a delay for this reason is specifically excluded from the time limit by R.C.M. 707(c)(1)(A), the government has an obligation to proceed with diligence. Courts have indicated an unwillingness to hold the government to a strict standard when processing a sanity board due to the complexity and importance of such examinations. See e.g., United States v. Badger, 7 M.J. 838 (A.C.M.R. 1979).

The courts will proceed with all due dispatch, but they do not want to be seen as not giving enough time for an adequate mental evaluation that will help in a legal defense

Attorneys file motions to present a position, to show that they are using every tool at their disposal to give their client the best defense possible. Coombs would be deficient if he didn't file this motion.

[EFerrari]

18. It's not "having it both ways" to expect due diligence. n/t

[emilyg]

17. TY

[EFerrari]

19. I expect this entire process to be very contentious.

Here's hoping that it manages to be a good process despite that.

[obxhead]

12. When they say you're signing your life away by joining the military

they mean it.

[CreekDog]

5. i think the new rule is that whatever they want to do with you, they'll do with you

no habeas corpus

holding of "material" witnesses

Guantanamo

etc. etc.

[meow mix]

8. isnt he up on capital charges? theyll want to kill him before its done.

obama is likely waiting till after the election to do the execution.

[emilyg]

9. Dear God - I hope not.

[Crabby Appleton]

13. The biggest delay was granted based on a defense motion

filed many months ago to have the government review the security classification of the documents and other information involved in the case. Since there are a few hundred thousand documents there was a very long delay granted.