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Crime Government The Courts United States

Chelsea Manning Sent Back To Jail For Refusing To Testify Before Grand Jury (npr.org) 362

After being released from jail earlier this month after the grand jury she refused to testify before expired, NPR reports that Chelsea Manning, the former U.S. Army intelligence analyst who provided information to WikiLeaks, has been sent back to jail. An anonymous reader shares the report: Former Army intelligence analyst Chelsea Manning was sent back to jail Thursday after refusing for a second time to comply with a grand jury investigating WikiLeaks and its founder, Julian Assange. "Facing jail again, potentially today, doesn't change my stance," Manning told reporters in Alexandria, Va., before U.S. District Judge Anthony Trenga said she was in contempt of court. "I will not cooperate with this or any other grand jury," Manning insisted. "So it doesn't matter what it is or what the case is, I'm just not going to comply or cooperate."

Manning said prosecutors had put her in an impossible position despite the Justice Department granting her immunity from self-incrimination. In addition to being held in custody for the duration of the grand jury's investigation or until Manning testifies, the judge ordered her to be fined $500 every day that she is in custody after 30 days and $1,000 every day in custody after 60 days, according to a statement by Manning's lawyers.

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Chelsea Manning Sent Back To Jail For Refusing To Testify Before Grand Jury

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  • by 3seas ( 184403 ) on Saturday May 18, 2019 @08:05AM (#58613152) Homepage Journal

    Hint: Founders of the United States fought for & established, summed up by Thomas Jefferson, A Government Of, For, And By the People. Inherently making it a requirement of the people to be informed of what their business of government is doing.

    How come we need leakers and publishers to do this?

    • Quite simply because corruption and malfeasance are part of human nature.

  • Grounds for refusal? (Score:4, Interesting)

    by JaredOfEuropa ( 526365 ) on Saturday May 18, 2019 @08:11AM (#58613174) Journal

    I will not cooperate with this or any other grand jury

    What are her reasons for this? I'm not sure what a Grand Jury's powers are exactly, and what kind of questions they are asking her, but it seems to me there aren't really any legal grounds for such a refusal. That statement from her lawyers didn't exactly clarify things; there's a lot of grandstanding about the wider implications of the trial against Assange, and "freedom of press", but nothing about why she should be exempt from being questioned by the Grand Jury. Are they arguing that she or Assange are journalists or something?

    • by Anonymous Coward on Saturday May 18, 2019 @08:27AM (#58613224)

      I will not cooperate with this or any other grand jury

      What are her reasons for this? I'm not sure what a Grand Jury's powers are exactly, and what kind of questions they are asking her, but it seems to me there aren't really any legal grounds for such a refusal. That statement from her lawyers didn't exactly clarify things; there's a lot of grandstanding about the wider implications of the trial against Assange, and "freedom of press", but nothing about why she should be exempt from being questioned by the Grand Jury. Are they arguing that she or Assange are journalists or something?

      She isn't claiming to be exempt from being questioned by the grand jury, but rather that she shouldn't be compelled to answer since the grand jury process is being used as trial prep.

      • She definitely is claiming that. Manning clearly stated it's about all grand juries categorically:

        “After two months of confinement, and using every legal mechanism available so far, I can —without any hesitation— state that nothing will convince me to testify before this or any other grand jury for that matter. This experience so far only proves my long held belief that grand juries are simply outdated tools used by the federal government to harass and disrupt political opponents and activ

        • But this? She doesn't refute she did something illegal. Even if you think that illegal thing was downright heroic, having to testify about it every year for the rest of your life seems perfectly reasonable to me, grand jury or otherwise.

          I suspect Manning might be worried about retribution from the people she was working for. Otherwise, it makes no sense.

      • That's what grand jurors ARE FOR, preparing for trials... Why does Chelsea get to decide which legal proceedings she'll participate in?

    • Re: (Score:2, Interesting)

      by Ol Olsoc ( 1175323 )

      I will not cooperate with this or any other grand jury

      What are her reasons for this? I'm not sure what a Grand Jury's powers are exactly, and what kind of questions they are asking her, but it seems to me there aren't really any legal grounds for such a refusal.

      Grand Juries are like fact finding missions.

      Grand Jury operates under a different set of rules. There is no pleading the 5th, Manning isn't incriminating himself, and isn't even the person of interest. GJ's do not declare anyone guilty, or have mistrials.

      Put in the most simple way. You are asked a question, and you answer. If you refuse to answer, you can be held in contempt. Manning's refusal to answer questions places him directly in contempt of court, and for no apparent good reason.

      Which is all to

      • Re: (Score:3, Insightful)

        by Anonymous Coward

        And your post reveals that you like to go out of your way to be a rude asshole.

        When someone makes the switch, it is polite to refer to that person using the pronoun that fits their new gender. But you don't care about polite; you want to be hostile. You want to make people feel bad and ashamed, and you go out of your way to do it.

        • And your post reveals that you like to go out of your way to be a rude asshole.

          When someone makes the switch, it is polite to refer to that person using the pronoun that fits their new gender. But you don't care about polite; you want to be hostile. You want to make people feel bad and ashamed, and you go out of your way to do it.

          I'm willing to give some leeway in this, Chelsea Manning entered public consciousness when she was still Bradley Manning and made her biggest media splash as Bradly, and first impressions stick. When I think of Manning I generally first think of her as "him" then correct myself, it's hard to make that adjustment especially when you haven't seen them much in their new gender.

          I don't doubt that a well meaning individual will sometimes misgender them by accident. Now, if they're doing it on purpose and making

      • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Saturday May 18, 2019 @10:47AM (#58613858) Homepage Journal

        Grand Jury operates under a different set of rules. There is no pleading the 5th,

        The fifth amendment is supposedly a human right. If you can't plead the fifth to a grand jury, then either it's not a right, or the grand jury is unconstitutional. Any supreme court decision to the contrary, likewise.

        Manning isn't incriminating himself, and isn't even the person of interest.

        That's not how it works AT ALL. Anything said in court is a matter of record, and can easily be the basis of prosecution. It doesn't matter even slightly who the "person of interest" is — say the wrong thing in court, or in front of congress, or anywhere else really, and you can become a person of interest.

        GJ's do not declare anyone guilty, or have mistrials.

        That just doesn't matter, even a little bit.

        • Grand Jury operates under a different set of rules. There is no pleading the 5th,

          The fifth amendment is supposedly a human right. If you can't plead the fifth to a grand jury, then either it's not a right, or the grand jury is unconstitutional. Any supreme court decision to the contrary, likewise.

          Once you have been given immunity for your testimony there is no more pleading the 5th since you cannot incriminate yourself as you have been immunized. Since grand jury testimony is secret, even others cannot review your testimony.

          • Grand Jury operates under a different set of rules. There is no pleading the 5th,

            The fifth amendment is supposedly a human right. If you can't plead the fifth to a grand jury, then either it's not a right, or the grand jury is unconstitutional. Any supreme court decision to the contrary, likewise.

            Once you have been given immunity for your testimony there is no more pleading the 5th since you cannot incriminate yourself as you have been immunized. Since grand jury testimony is secret, even others cannot review your testimony.

            Pretty much exactly. Manning was given immunity, and is raising a constitutional objection against testifying that doesn't exist.

          • by MrL0G1C ( 867445 )

            And that is a giant loophole I reckon, it means you may be forced to incriminate someone else, the whole idea of the right to remain silent was because inquisitors where forcing people to speak and getting out of hand with it. Now they are locking someone up and fining them for simply not speaking. The loophole should be closed.

            What is the point of immunity if you're going to be locked up and fined? That really makes no sense. If you're immune then you shouldn't be locked up.

            1 person has a right to silence

        • Grand Jury operates under a different set of rules. There is no pleading the 5th,

          The fifth amendment is supposedly a human right. If you can't plead the fifth to a grand jury, then either it's not a right, or the grand jury is unconstitutional. Any supreme court decision to the contrary, likewise.

          Manning was given immunity from prosecution. His testimony would result in no prosecution, therfore no 5th amendment association. Source text : Prosecutors had bestowed legal immunity on Ms. Manning for her testimony, she said, but she responded to each question by saying she refused to answer because it violated her constitutional rights. Source link https://www.nytimes.com/2019/0... [nytimes.com]

          She was mistaken about both the law and the constitution.

          We start out with the 5th amendment:

          No person shall be held

    • I will not cooperate with this or any other grand jury

      What are her reasons for this? I'm not sure what a Grand Jury's powers are exactly, and what kind of questions they are asking her, but it seems to me there aren't really any legal grounds for such a refusal.

      The United States is in the company of Liberia as the only country that still uses the grand jury system for judicial fishing expeditions. The reason is specifically because of the oft-quoted observation that a prosecutor could get a grand jury to indict a ham sandwich, if he wanted.

    • Would her testimony in front of this grand jury aid _anyone_ other than the NSA and other abusive espionage agencies whose activity she helped reveal? The grand jury is seeking to expose the leaks so that other personnel can be prosecuted, and the leaks closed.

    • by 3seas ( 184403 )

      To answer your question, instead of the "i know you are but what am i, child shit" the Grand jury already has all the information they need from Mannings Court Marshall and they know it, but they want Manning to Lie. https://www.cnn.com/videos/bus... [cnn.com] Isn't it Obvious?

    • by PPH ( 736903 )

      Grand Jury testimony and deliberation are supposed to remain secret. However, given the US House of Representatives predilection for ignoring the law, I don't see where anyone would put themselves at risk making any statements before such a court.

    • Grand Juries operate in secret, they can include or ignore any inconvenient bits.

      They already have testimony from the court martial

      It's probably a perjury trap

      The only official purpose seems to be catching Assange with a very flimsy case.

      All of this is from memory based on widely reported stories from numerous freely available sources, including TV and radio. Try them some time.

  • Regardless (Score:2, Insightful)

    by Anonymous Coward

    It doesn't matter what you think of her(or him) or Assange, this is a direct assault on the freedoms of the press.

  • I sent in this story two days ago, and I don't even get a mention when you post it....
    • I sent in this story two days ago, and I don't even get a mention when you post it....

      Who knows how they pick stories? I've sent in really relevant stories in the past, and seen silly crap get chosen. So I just don''t bother any more.

      • Who knows how they pick stories? I've sent in really relevant stories in the past, and seen silly crap get chosen. So I just don''t bother any more.

        It is and always has been a popularity contest, I've had the same experience twice. And both times, my submission was superior to what actually hit the front page, much later than my submission.

        • Who knows how they pick stories? I've sent in really relevant stories in the past, and seen silly crap get chosen. So I just don''t bother any more.

          It is and always has been a popularity contest, I've had the same experience twice. And both times, my submission was superior to what actually hit the front page, much later than my submission.

          Pretty much this.

  • by Mr. Dollar Ton ( 5495648 ) on Saturday May 18, 2019 @08:22AM (#58613202)

    proceedings is now a crime?

    LOL, and I am old enough to remember the time when the US would call such people who refused to cooperate to the Soviet "justice" system "heroes" and "prisoners of conscience".

    This whole affair is a disgraceful and lame attempt to scare everyone who might expose war crimes of a powerful nation into silence.

    • Comment removed based on user account deletion
      • Re: (Score:2, Insightful)

        It is quite impossible for me to "get a subpoena" by this specific kangaroo court, because I am quite far from its jurisdiction.

        But I am not the issue here, the issue is Manning, who is a prisoner of conscience, being tortured because of the refusal to testify in the made-up case against Assange.

        It is a shame that your country is involved in this kind of behavior.

        • Re: (Score:2, Insightful)

          by guruevi ( 827432 )

          He could still show up and invoke the fifth or something like "I don't recall". But he's simply refusing to show up and cooperate with the courts just to keep himself in the media.

          • by Mr. Dollar Ton ( 5495648 ) on Saturday May 18, 2019 @08:49AM (#58613312)

            Apparently he cannot "invoke the fifth" because of the way his questioning was set up by the prosecutors. And why should anyone be forced to participate in a farcical show trial like this one anyway?

            • I'm on Mannings side in this matter, but anyone can claim that they're being made to participate in a farcical show trial. Watch some of the court videos where so-called sovereign citizens make similar or even more outrageously wild claims about the law or court being illegitimate to see what I mean. The problem will always come down to who gets to decide what is or isn't a farcical show trial and the only real answer that we have is the judicial system itself which operates under the laws enacted by our e
              • Yes, in this case I'm claiming it. And I do so because it is obvious. From what little we can see, the only way the case against Assange can go forward is by having Manning testify against him. This is why he is under pressure, which is quite close in my book to "cruel and unusual punishment". It is also obviously rooted in politics and not "justice".

                When an injustice is committed legally, it isn't any less of an injustice. The only difference is that it requires more determination and more effort to rectif

        • It is quite impossible for me to "get a subpoena" by this specific kangaroo court, because I am quite far from its jurisdiction.

          But I am not the issue here, the issue is Manning, who is a prisoner of conscience, being tortured because of the refusal to testify in the made-up case against Assange.

          It is a shame that your country is involved in this kind of behavior.

          Well if Assange assisted Manning in obtaining classified documents from the US government, then yes, the US government does have a case against Assange.

          That's how the journalists generally stay in the clear. You can be a passive recipient of leaked data, but you can't actively assist in the leaking.

          • There is nothing about this case that can convince an impartial observer that it is not a manufactured one. The 9 year delay, the pressure on Ecuador, the treatment of Manning, all give this "case" a very distinct, Kafkaesque image, typical of a regimes that the US is claiming to be an antagonist of.

            The many instances of the US government punishing whistleblowers and trying to scare international journalists (like it was done with Glenn Greenwald and David Miranda) show that this is a US policy and not an o

      • Re: (Score:2, Interesting)

        by kaizendojo ( 956951 )

        If you get a subpoena and you fail to appear, you can be in serious trouble

        Well, that *used* to be the case until the current administration, anyway.

  • Chelsea is probably being cited for contempt of court.

    • by tomhath ( 637240 )
      Well yes, that's what is says right in the summary. He was granted immunity so he can't take the fifth, refusing to testify is illegal.
      • She.

        Seriously people. She.

        • >"She. Seriously people. She."

          Either works in this case, depending on type of conversation. Every cell in his body is male. He was born male, he developed as a male, he was presented as male most of his life. But....

          As a matter of respect and politeness, personally, in conversation, I would use whichever of the two sets of gender pronouns in which people visibly present themselves. I would urge others to do the same.

          One thing I would never use is the ridiculous "ze" stuff, however. And I would vigor

  • Nope. (Score:5, Informative)

    by Gravis Zero ( 934156 ) on Saturday May 18, 2019 @08:35AM (#58613252)

    Manning said prosecutors had put her in an impossible position despite the Justice Department granting her immunity from self-incrimination.

    Unfortunately for Manning, legally you can only refuse to testify against a spouse or if it will incriminate yourself for that which you may be prosecuted. The law makes no exemptions for fealty.

    There are no legal grounds for refusing to testify and Manning will be jailed for contempt until complying.

    • Unfortunately for Manning, legally you can only refuse to testify against a spouse or if it will incriminate yourself for that which you may be prosecuted. The law makes no exemptions for fealty.

      So what? He's obviously refusing to testify on the grounds that he might be incriminated in a crime for which he has not yet been tried in the process of testimony. That's a human right, according to the constitution. You can't reasonably claim that he's not claiming it on that basis unless you know what he would say, and until he says it, you don't know what it is. And frankly, he doesn't have to have committed any crimes for that to be true, because the government has already demonstrated a willingness to

    • Chelsea Assange then?
      • Chelsea Assange then?

        You can only refuse to testify against a spouse for crimes committed while you are married, not those which occur before the union.

    • Comment removed based on user account deletion
  • With Manning being fined, its great to see Wikileaks and Assange stepping up to pay the fines for her.

    Wait...... Oh, it doesn't affect Julian, why would they help.

    • by MrKaos ( 858439 )

      With Manning being fined, its great to see Wikileaks and Assange stepping up to pay the fines for her.

      Maybe Assange is who Manning is protecting.

  • by Anonymous Coward

    I should make a news site, consisting solely of news from the US, with the names, dates and locations changed to China, Russia, Soviet Russia or early Nazi Germany, and see how much Americans suddenly are outraged at this sort of thing, suggesting offensive war, murder, and hate in the comments.

    Then I should translate them back to the original story and post them under unamerican names.

    The results would be hilarious! :)

  • How is a detained unemployed person supposed to pay it? Doesn't this break any laws about cruel and unusual punishment?
    • The trick is to comply with the court and then you don't have to. If Manning is fined on top of being prison then it will be entirely self inflicted.
      • The trick is to comply with the court and then you don't have to.

        "Do as you're told and you won't get hurt" (or fined) is a message for hostages, not citizens nor even prisoners. Legitimate regimes make prisoners of citizens. Terrorists take them hostage.

  • by CaptainDork ( 3678879 ) on Saturday May 18, 2019 @09:48AM (#58613582)

    Her commutation and immunity does not shield her from further charges.

    Immunity does not include shoplifting at Walmart.

    There's a tight, set, scope that her attorney agrees to. Questions by plaintiff and answers by defendant outside that scope would put her in peril. She can't be tried twice for the same crimes, but she committed many more crimes than she was convicted of. Also, immunity does not include perjury.

    Her best play is to refuse to testify, no matter how long it takes. The math is there. The courts will not be fucking with her for 35 years.

    The 411 here is that the US doesn't have enough evidence to convict Assange and jail him for more than 5 years, if at all.

  • by DrXym ( 126579 )
    There are consequences for being in contempt court.
  • [N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."
    • [N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."

      What makes you think there is any case of double jeopardy going on here? YOU could be subpoenaed to appear before a grand jury on the matter of someone else's possible crime. And not because you're in any sort of jeopardy whatsoever. But because the prosecutor in the case wants the grand jury to hear what you have to say about something you may be able to contribute to their understanding of whether or not to indict. No jeopardy for you. Unless, that is, you decide to blow off the subpoena because you're a

  • by Anonymous Coward

    He broke the law - period.

  • "I will not cooperate with this or any other grand jury," Manning insisted. "So it doesn't matter what it is or what the case is, I'm just not going to comply or cooperate."

    Manning said prosecutors had put her in an impossible position despite the Justice Department granting her immunity from self-incrimination.

    Isn't that exactly what every democrat argues is supposed to happen when someone refuses a subpoena?

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