The judge presiding over Bradley Manning's pre-trial hearings ruled today that the case has not dragged on excessively, as reported by journalists covering the pre-trial hearing of the alleged WikiLeaks whistleblower.
Manning's defense had requested the judge drop all charges on the basis of the length of his pre-trial detainment. Manning's lawyers argued that his right to a prompt trial had been violated during his lengthy wait for a trial. On Sunday, Manning spent his one-thousandth day as a prisoner, after being arrested on May 26, 2010.
According to the Rules for Courts Martial (RCM) 707, a defendant must be taken in front of a judge within 120 days after the charges have been brought. And according to a 2007 ruling, arraignment can be considered the beginning of the trial. Judge Colonel Denise Lind dismissed Manning's motion, arguing that it took only 90 days for the prosecution to arraign Manning.
In military courts, a defendant has a similar right to a speedy trial as in a civilian court. According to Article 10 of the Uniform Code of Military Justice, the prosecution must use "reasonable diligence" in bringing an accused to trial, in order to avoid excessive delays. The defense argued the U.S. government willingly dragged its feet in behavior that Manning's lawyer, David E. Coombs, labeled "shameful."
The prosecution argued that the delays were mostly due to the nature of the case. The hundreds of thousands of classified cables that Manning passed over to WikiLeaks -- the so called Cablegate -- required extensive review before being introduced as evidence. Moreover, some delays were even produced by the defense's pre-trial motions, the prosecution claimed.
Judge Lind sided with the U.S. government's interpretation, calling their behavior "diligent" and defining the delays as "reasonable," given the "volumionous" amount of information in the case, according to reporter Kevin Gosztola.
On Jan. 8, Lind denied a motion to throw out all charges based on Manning's pre-trial conditions, which the defense considered inhuman and comparable to torture.
Lind still has other pre-trial motions upon which to rule. This afternoon, she will decide whether the prosecution can enter documents found at Osama bin Laden's compound as evidence. The government will probably argue that these are proof that Manning aided the enemy with his leaks. Aiding the enemy is the most serious charge Manning is facing, which could lead to a life sentence. The prosecution has already ruled out the possibility of asking for the maximum penalty of death under that charge.
Manning's trial is scheduled to begin on June 3.