KEITH OLBERMANN: The man accused of the biggest intelligence leak in U.S. history appeared in a military court today at Fort Meade. In our third story on the "Countdown" — Bradley Manning, at the heart of the twin controversies — WikiLeaks and the military's ability to sequester and at least emotionally torture one of its own, indefinitely.
This is the first time we've seen Private First Class Manning since he was taken into custody in May of last year. He is accused of aiding the enemy and violating the Espionage Act by giving WikiLeaks hundreds of thousands of classified U.S. government documents and videos from Iraq. He could face life in prison if convicted.
Manning's supporters gathered at the main gate of Fort Meade to stand vigil during today's pre — pre-trial hearing to determine whether Manning should face a court martial. A bus full of Occupy Wall Street protesters joined the vigil. Iraq vet Dan Choi — expelled under "Don't Ask, Don't Tell" — was also on hand to show his support.
(Excerpt from video clip) DAN CHOI: I'm here because Bradley Manning is an excellent soldier. A soldier who stood up for truth and integrity, who defended our Constitution and I believe our Constitution should defend him as well.
OLBERMANN: An international day of solidarity for Manning is scheduled for tomorrow, which is also his 24th birthday. More than 50 events worldwide planned, including a rally and march in front of Fort Meade. Not much decided at proceedings today, as the day became bogged down in a dispute over the impartiality of the presiding officer.
Manning's attorney requested that the judge recuse himself, since he also works as a Justice Department prosecutor in his civilian life. The Department is conducting a criminal investigation into WikiLeaks, but the judge says he does not handle such cases at Justice and he denied the motion about himself.
Joining me now, our best-known government whistle-blower — the man who released the Pentagon Papers — Daniel Ellsberg, now a senior fellow at the Nuclear Age Peace Foundation. Good to talk to you again, sir.
DANIEL ELLSBERG: Glad to be here, Keith. Thank you.
OLBERMANN: Back in 1971, you were the first to face the charges under the Espionage Act, the same thing Manning is facing now. Describe, from your experience and from your knowledge of this case, what he's up against.
ELLSBERG: Well, he'd have a much tougher case than either I or any of the other four people that — that President Obama has brought these charges against. That's almost twice as many as all the previous presidents put together. None of them ever brought more than one case against a whistle-blower or anyone for leaking classified information. I was the very first and there were two other before President Obama.
He's brought five cases, going on six, and obviously, Assange is the one that he really has in his sights, really, now — which is why I think the only possibly explanation for why we've seen Private Manning imprisoned and treated as he has been for the last year without — for the first time, being brought into a court.
OLBERMANN: What do we know — definitively, or even by reasonable estimate — about how he has been treated since he was sequestered in May of 2010?
ELLSBERG: Well, on the one hand, we know the testimony of the people — actually, of his own lawyer, but also of his family members, who've been allowed in to see him, who testified — 23 hours a day under lights.
One hour in a cell — an isolated cell — one hour a day to — to walk figure eights in a secluded room, which had, by the way, exercise machinery in it, which I was told about by the — judge in that — by a lawyer in that case. But the exercise machinery was turned off while he was in. It had cards on it saying "Out of order."
So, he was totally isolated. It's a form of torture.
President Obama called it "appropriate," or he had been assured that it was appropriate, behavior for — Private Manning. But, as a matter of fact, it's not behavior that the military has been willing to let anyone else see. The UN Rapporteur for torture, Juan Mendez, has tried all year now to see him, based on credible reports that he's been treated inhumanely and under a definition of torture.
Prolonged isolation of that sort is regarded by prisoners as one of the most effective forms of torture. And the purpose of torture, by the way, has always been to get false confessions. That's what it's for. And very clearly, in this case, it's to try to break Manning into incriminating Julian Assange in some way that the grand jury has not been able to do. Evidently, they have not succeeded in doing that.
OLBERMANN: Is there a way to quantify the importance of this case, in terms of our ability to know what our government is doing in our name, regardless of the — of the documents, just as you described the — the treatment and the handling of Private Manning while he's been out of public view?
ELLSBERG: Look, first off, as of all — as far as the case goes — this should have been a relatively easy one, because he's the one person, of all of the 11 people — eight separate cases, 11 people who ever been charged with this — I was the first, for these leaks — he's the first military person, which means that just violating military regulations is a crime for him, for which he can — imprisoned, in some cases — as in the charges under this — conceivably even given the death sentence. They say they're not gonna ask for that but the military judges could, under these charges, actually give him that.
But the life sentence that he's facing is — clearly, as I say — to break him down, to incriminate Julian Assange. However, as a military man, when it comes to downloading or uploading software, something that, according to his lawyer, every other member of his group — his agency — actually did, they could probably easily get him.
They've contaminated his case in two fatal ways, I say, which doesn't mean that it's going to effect him. The partiality of this case is not — is not mainly exemplified by the presiding officer.
In the first case, the commander-in-chief, President Obama, gave him verdict first, trial later. He said he had broken the law before even the prosecution case had been heard, let alone the defense case. He said he was guilty. That alone is virtually a directed verdict — unlawful command influence on the subordinate officers who will be carrying out both this decision and later in the trial. That's — court martial should be out for that reason alone.
Second — the way he's been treated at my old base, at Quantico is — was shameful, amounted to torture. My own case — the first one ever brought on this — was dismissed for reasons of gross governmental misconduct by President Nixon. There has been gross governmental misconduct in this case, in the form of that 10 1/2 months of isolation and the case should be dismissed for that reason, but it won't be.
OLBERMANN: How sad, after all this time, that it won't be. After 40 years of facing this and understanding the necessity of whistle-blowers, what position the president —
ELLSBERG: As I said, it's — he's practically got a war going on whistle-blowers. He's setting precedents here, for the use of the — Espionage Ac, which is a very questionable constitutionality in this guise. It was meant for espionage, been often used for espionage — successfully five — four — I'm sorry — three times, of which only one lead to a jury verdict before Obama. Five under him. So, he's setting a precedent in regarding this as constitutional.
Apparently, he's hoping that the current Supreme Court will not find it unconstitutional. No previous Supreme Court ever addressed this question. They were unlikely to find it as anything but a violation of the First Amendment. But I think he's counting that one of these cases — you ask about this one — it would have been easy, as I say, except for the fact that they've clearly shown the — partiality here. They — they poisoned the case, fatally, for anybody but this military and this president. I — I don't want to say only this president. I don't want to say that his rivals, that we just saw on your — would — would act any better.
OLBERMANN: Daniel Ellsberg, always an education and our great thanks for your time, again.
ELLSBERG: Thank you for having me.
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