Manning's lawyer asks officer to step down from WikiLeaks hearing
Hearing of soldier accused of leaking documents, video to WikiLeaks begins at Fort Meade
By Matthew Hay Brown, The Baltimore Sun
10:20 a.m. EST, December 16, 2011
The attorney for Army Private Bradley Manning, the former intelligence analyst suspected of giving hundreds of thousands of classified documents to the anti-secrecy group WikiLeaks, asked the officer presiding over his preliminary hearing Friday to recuse himself from the proceeding.
Manning, appearing in public Friday for the first time since his May 2010 arrest, faces charges including aiding the enemy and violating the Espionage Act. The Article 32 hearing, at which the presiding officer will recommend whether to send his case to court martial, opened Friday at Fort Meade.
His civilian attorney, David E. Coombs, gave what he said were four reasons that Army Reserve Lt. Col. Paul Almanza should not preside over the hearing — any one of which, Coombs said, would preclude his participation.
The first was that Almanza works in civilian life as a prosecutor for the Department of Justice, which is conducting its own investigation of the WikiLeaks case. The others involved Almanza's rulings on pretrial motions that Coombs said were adverse to the defense.
Almanza declared a recess.
Manning, wearing glasses and the standard Army green camouflage uniform, sat with Coombs and two military attorneys at the defense table in the small courtroom. At the opening of the hearing, he affirmed that he understood the charges against him and was satisfied with his legal team.
Manning is suspected of leaking field reports from Afghanistan and Iraq, diplomatic cables that included analyses and observations of foreign leaders and governments, and video footage of a 2007 helicopter attack that killed 12 in Baghdad.
Aiding the enemy is a capital offense, but military prosecutors have said they will not seek the death penalty. If convicted of the charges, Manning could be sentenced to life in prison.
The Article 32 hearing is a preliminary proceeding at which an independent officer will hear testimony and arguments before making a recommendation on whether the should proceed case to court-martial. The hearing is expected to last five days; there is no deadline for the officer to issue a recommendation.
Hundreds of activists were planning to demonstrate outside Fort Meade this weekend in support of Manning, organizers say. The release of the Apache helicopter video, in which Americans can be heard laughing and referring to Iraqis as "dead bastards," has made whoever leaked it a hero to antiwar activists.
They say that video and the other materials were incorrectly and illegally classified, and that whoever disclosed it should be protected as a whistle-blower.
"It was very important that that information be out," Jean Athey, an activist from Montgomery County, said Thursday. "Making information public is essential to a free country."
Manning's detention at the Marine Corps base in Quantico, Va. — where he was held from July 2010 until April of this year in a maximum-security, single-occupancy cell, placed on a prevention-of-injury order and allowed to wear only a suicide-proof smock at night — drew concern from Amnesty International and a request to visit from a United Nations torture investigator.
Manning was moved in April to Fort Leavenworth in Kansas. President Barack Obama and Pentagon officials have defended the conditions of his detention.
The appearance at Fort Meade marks a return to Maryland for Manning, who lived in Potomac and studied at Montgomery College before he enlisted in the Army in 2007.
The Army installation in Anne Arundel County is one of three bases within the Military District of Washington that have a courtroom that can accommodate the proceeding, according to a spokeswoman.