Sentencing Bradley Manning: He could get 100 years, he could get none (+video)
The sentencing hearing, beginning Wednesday, gives Pfc. Bradley Manning the ability to present more mitigating evidence. But his sentence could quickly add up – or later be set aside completely.
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“It’s going to accumulate quite a few years,” Rosen says. “We’re probably talking nearly 100 years – we’re talking a lot of years.”Skip to next paragraph
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“We’re not celebrating,” defense attorney David Coombs said. “Ultimately, his sentence is all that really matters.”
Once Col. Denise Lind, the presiding judge, renders her verdict, Manning’s case will automatically go to what is known as the “convening authority,” a general who, if he so desired, could overturn the verdict.
The powers of the convening authority have been called into question over recent months, when they have twice thrown out sexual assault convictions rendered by military juries.
Though unlikely to happen, the general who is serving as the “convening authority” in the Manning trial – as with the sexual assault cases that caused so much controversy – could dismiss the conviction, known as “setting aside” the verdict.
What the general cannot do is provide a harsher sentence than Colonel Lind has already given to Manning. “He can give further clemency if he wants, he can lessen the sentence, or he can set aside the findings,” Rosen explains.
If the convening authority declines to change the sentence, Manning’s defense team can also seek clemency through the Court of Appeals for the Armed Forces.
Beyond that, they could take the Manning case all the way to the US Supreme Court, likely by arguing that the US government violated Manning’s constitutional rights.
That will be a tough case to make. “I can’t think of a time when the Supreme Court has overruled a court of appeals for the Armed Forces,” Rosen says. “They don’t like to second-guess the judgments of the military courts.”
In the meantime, the defense will seek to ensure that Manning gets credit for the jail time he has already served – three years – and perhaps more by arguing that he was mistreated in pretrial confinement by being put in solitary confinement and being stripped naked.
For this, “He’ll try to seek additional credit – in other words, not a one-to-one reduction in jail time, but, say 10 to 1 – in other words, 10 days for every day he was mistreated,” Rosen says.
“It’s going to be long and involved,” he adds. “It doesn’t end here.”