Last week on Law and Disorder Radio -- a weekly hour long program that airs Monday mornings at 9:00 a.m. EST on WBAI and around the country throughout the week, hosted by attorneys Heidi Boghosian, Michael S. Smith and Michael Ratner (Center for Constitutional Rights), Michael Ratner explained how the US government is conducting a secret trial.
Michael Smith: I want to ask you about Bradley Manning. I know you've been down in Fort Mead observing the proceedings -- the legal proceedings that the US military is using against him. Give us an update on that.
Michael Ratner: Last week, I again went to some of the hearings regarding Bradley Manning. There's been no trial scheduled yet. They're thinking of a trial in August. I think it will much more likely be in the fall. As our listeners know, Bradley has been indicted on 22 charges or charged in the military on 22 charges including aiding with the enemy. I did my usual trying to get to Fort Mead. But of course it was scheduled for 9:00 a.m. on Thursday. I had to get on a train that night, then get on a car to get to Fort Mead. And when you get to Fort Mead, of course, they practically tear your car apart looking for who knows what? Explosives or something else. You get in, they then make you wait for about an hour before you go through a trailer where you go through one of those metal detectors. You're not allowed to bring into the courtroom any cell phones, any way of communicating other than a pencil and a paper. The court room is small. There's only about 20 of us in the court room. The media is in a separate media room where they can have their computers -- nothing with the internet, but they can at least use a computer. So in any case, I went to Bradley Manning's hearing. It was Thursday and Friday. It was quite extraordinary. Michael and I have always talked about the expression "Military justice is to justice as military music is to music." Well it's even worse than that. I mean, this was ridiculous. I mean, that they are trying probably the most well known case in the country on aiding the enemy or really what amounts to -- according to the government -- a sort of espionage case, in this two-bit little court room with military prosecutors that the defense runs circles around. David Coombs is actually doing a very good job. It's amazing. I'll just relate a couple of stories. The first thing that happens is the defense counsel asks for what's called a bill of particulars. In criminal cases, that's "Please tell the defense counsel more about the charges you have against my client Bradley Manning. Give a few specifications." And the first one they asked about is: What do you mean by aiding the enemy? He says to the prosecutor -- of course, it's all done on paper but he says it in court as well. And the prosecutor then says, "Well, aiding the enemy? The enemy is al Qaeda and al Qaeda on the Arabian Peninsula." Well that just sounds ridiculous. Bradley Manning -- who supposedly, allegedly, uploaded various documents regarding the killing of Retuers journalists, 15,000 Iraqi civilians who were killed which the US hadn't recorded, many, many War Crimes like that -- is accused somehow of aiding al Qaeda or al Qaeda on the Peninsula. Well you think, what is it? Is it because it embarrassed the United States that we're aiding them? What is going on here? So then the defense counsel continues, "Well aiding al Qaeda and al Qaeda on the Peninsula, how did he aid them?" And then the prosecutor gave one of the shallowest, stupidest answers you want to hear: "Well he aided them by uploading the documents onto the WikiLeaks website." I mean, it's not the trial yet so the defense counsel just says, "Okay," and we move on from there. But you're sitting there in the audiences saying, "This is crazy. This 22-year-old, now 24-year-old, kid has supposedly aided al Qaeda by giving documents about War Crimes to WikiLeaks?" That's nonsensical. It'll never stand up. Most commentators think that charge in particular, which is the most serious charge -- it's life imprisonment, death penalty possibly, prosecutors said they won't ask for a death penalty but llife in prison, and I think the judge could even give the death penalty -- that charge I don't think will hold up. But the interesting part then happens next. Three weeks ago, when I was at the court, the prosecutor complains that he is not getting any of the e-mails sent by defense counsel or by the judge. And those are obviously important e-mails. The defense counsel is responding to motions and arguments, sending briefs. The court is sending scheduling orders, etc. And the prosecutor three weeks ago says, "Well I haven't gotten anything so I can't respond to those." Sounds pretty bad. Fishy. But then the prosecutor says, "We will fix it in three weeks from now." And that's when I was there last week. And the prosecutor gets up and says, "Well up until March 10, we didn't figure it out." Just a few days before the Bradley Manning hearing. "And we found it out, here's the answer: Many of the e-mails from the court and the defense counsel are going to the prosecutor but they're going to the spam section of the computer. They're being filtered out as spam." Let me just say, this is the most important single military courts-martial case they've had probably in the last 50 years, maybe 100 years. And the e-mails from the court and the defense counsel are going into the spam of the prosecutor? I mean, this is just Mickey Mouse or worse. So they said, "What we're doing now," the prosecutor says, "is, because they're going into spam, every morning at 10:00 a.m., I'm checking my spam folder to see what e-mails have come in." So I'm sitting there in the audience saying, "Why are they checking their spam filter? Why aren't they just fixing the problem?" And then, a half an hour later, the defense counsel gets up and, in speaking about many issues, he addresses why the e-mails haven't gone to the prosecutor. And he said they didn't go to the prosecutor because any e-mail with the word "WikiLeaks" in it anywhere -- subject matter, in the substance [body of the e-mail], anywhere in an e-mail from the defense counsel or the court that says "WikiLeaks" is automatically spammed by the prosecutor's filter on his computer so he doesn't see them. And you say to yourself, "Wait a second, this entire case is about Bradley Manning allegedly uploading documents to WikiLeaks. If the prosecutor, government computers, are using that as spam, this is ridiculous. This is not a trial, this is just a charade." And then you realize, taking another step back, that most likely every government computer in the United States and in the world spams anything to do with WikiLeaks because the fact that many of our listeners out there, you and I, Michael, the New York Times, and everybody in the world looks at WikiLeaks documents and the government still considers them to be stolen documents, still classified and no one in the government should ever be allowed to see them. So here they go, they're doing this entire investigation of WikiLeaks and everything is treated as spam. So that's just one of the oddities of what they're calling a trial, etc. Two other points -- and we'll be talking about this as I continue to monitor that trial for WikiLeaks and Julian Assange, the Center for Constitutional Rights represents them, both WikiLeaks and Julian Assange for purposes of monitoring the Bradley Manning case -- two other interesting things came out. One is the access to documents. Now this is supposedly a public trial, by law it's a public trial, the First Amedment requires it to be a public trial. You and I, the press, the spectators, are all allowed to go in the court room to watch the trial unless there's some section that's classified. And normally in a trial -- as you know, Michael, being a lawyer -- that when you file papers, they go into a court docket and you can get access to those papers whether they be motions or briefs or whatever you file. And, of course, that's what happens in this case, at least the first part, you file papers or the prosecution files papers, defense counsel files papers, decisions are made -- but nobody has access to those papers [in the Bradley Manning court-martial] except for the counsel. I can't get those papers as a lawyer. The press can't get those paper, No one can see the motions or anything else. So you're sitting in the court room and they're arguing about various documents which have been filed and you feel like you're going in completely blind. You don't understand half of what's going on because you can't read the papers. It's like being in Plato's cave where you only see the shadows on the wall and not the actual substance so we've been making an effort over the last few weeks, how do we get these papers? And we know that ultimately we'll get them. We'll have to have a system set up with the clerk where they give press and WikiLeaks and Julian Assange and the public access to public motions that were filed but we're probably going to have to wind up going to federal court to get them. I mean, it's horrendous. This is ridiculous.
Michael Smith: It's like state secrets.
Michael Ratner: It's like state secrets except they haven't claimed state secrets.