Manning Arraignment

Some of you have asked for a brief description of what is happening with the US v. Manning court-martial.

I’ll let you in on what I suspect. Please note that I have never talked to either counsel or reviewed evidence. I base my assumptions on what I’ve seen in the news and my own experiences with the court-martial process. In no way is it comparable to the insight possessed by his current counsel. They know tons more than I do.

This week, he is being arraigned. What is that, you ask? I could tell you, but, instead, I’ll show you by providing an annotated script from the Military Judges’ Bench Book (PDF format). My assumptions are in red.

MJBB Arraignment

As for future motions, I expect the following, at a minimum:

  • Speedy Trial
  • Illegal Pretrial Punishment (for the stuff that happened at Quantico)
  • Compel Discovery (I can’t imagine how horribly voluminous this must already be)
  • Unlawful Command Influence (for comments by the POTUS some months ago)
  • Sanity Board (under Rule for Court-Martial 706) for both his current mental state and his mental state at the time of the alleged offenses.
  • Compel the production of witnesses.
  • For a new/reopened Article 32 Investigation.
  • Requests for Depositions
  • Suppression (potentially of a variety of things)

2 thoughts on “Manning Arraignment

  1. I noticed the big difference after reading the procedure is that the MJ says to be found guilty only 2/3rds must vote guilty. Much different tan a civilian court that requires a unamimous verdict

    • It is.

      The military also does not recognize the concept of a “hung jury.” If the panel (jury) fails to reach the 2/3 necessary to convict, then the accused is deemed Not Guilty. The numbers game is a huge deal when selecting a military jury.

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