@Finn dAbuzz,
Finn, my argument is that the establishment has conveniently brushed it's
own responsibility for what occurred (the serious security leaks) under the carpet ...
...and at the same time has relentlessly pursued the "perp", as you call Bradley Manning, to make him the fall guy, possibly with Julian Assange to follow.
And to achieve this desired outcome, the establishment has placed Bradley Manning, a person with an established record of mental instability (even
before handing over the embassy cables to Wikileaks ) under
further intolerable strain .... (physical isolation, chains ... have you read any of the reports of the conditions he was kept under for
months before his hearing?) ... presumably in the hope of breaking his spirit & stitching him up. when he is tried.
Quote:Confusing the issue with all sorts of competing moral considerations and personal empathy with the defendant is in conflict with The Rule of Law.
Manning is guilty of violating a law, and he must suffer the consequences.
It is not so much that the "moral issues" "competed" with the fact that he handed over the cables to Wikileaks. He did it. But there is the real possibility that his mental state
contributed to what he did. And the army establishment took no responsibility what-so-ever for his mental state, when obviously he should have been removed from his post (especially with access to such "sensitive material!) & should have received proper treatment.
I can't see at all why that cannot be taken into account. I believe that this would be taken into account if person was involved in a trial in a civilian trial. Why not in a military trial, to?
Quote:Similarly, the woman that murders her rapist has violated the law and must suffer the consequences.
I have seen juries make
many different interpretations in such cases, based on their understanding of very different circumstances in different cases. You talk as if all such murders are identical.
But this is an entirely different situation to a military hearing, for a military misdemeanor. I can't see what useful comparisons can be made.
Quote:We seek objective interpretations of The Law and its violations. When subjectivity is inserted in the equation, the Rule of Law is weakened.
What you call "subjectivity", Finn, many would call taking into full account all the information, including the accused's mental condition at the time of the misdemeanor. And quite rightly so, too, I believe. Things are not quite so neatly black & white as you would prefer.
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