Phone home, Mr. President.
Laurence Tribe, the legendary constitutional law professor, is really ticked off with you. That should be some kind of wake up call. Because he was your constitutional law professor. One of the key backers of your 2008 presidential campaign. Even joined your justice department as a legal adviser in 2010—briefly.
This week Tribe and over 250 American legal scholars have a letter in the New York Review of Books. It’s about Bradley Manning, the soldier charged with leaking US government documents to WikiLeaks. It calls Manning's reported treatment a violation of the US constitution. In particular, the eighth amendment, which forbids cruel and unusual punishment; and the fifth, which prevents punishment without trial.
Manning’s had no trial yet; he’s been found guilty of nothing. Still, he’s been in military prison for nearly 10 months now in maximum security—23 hour a day solitary confinement, with the 24th reserved for pacing a different cell—again, alone. Under the ruse that Manning’s suicidal, which he disputes, his jailors ask if he’s okay every five minutes, all day long, and he has to respond. At night, too, if he pulls the blankets over his head, or turns his back to the cell door.
Just this past week his jailors decided that at night he has to go naked except for a smock. Underwear as suicide risk. In fact, we know that it’s extended solitary confinement, sleep deprivation, verbal harassment, and forced nudity that do eventually break people down or drive them insane.
Call this toxic cocktail Guantánamo Bay with a splash of Abu Ghraib.
You, Mr. President, taught constitutional law yourself, a fact you often mentioned as a candidate. You promised us strong moral leadership. Said you’d roll back the post-9/11 unconstitutional excesses of the Bush administration.
And now, here we are. As commander in chief, you’re ultimately responsible for Manning’s treatment in jail. But you’ve insisted it’s "appropriate and meets our basic standards.”
Seriously. It doesn’t take a legal heavyweight to smell what’s really happening here. Manning’s being punished—used as an example to other possible whistleblowers. “Softened up” to testify against Julian Assange in exchange for leniency perhaps. It’s deathly cynical as well as constitutionally unsound to pretend otherwise.
We know why Manning can’t sleep at night, Mr. President. The question is, how can you?
Nancy Goldstein is an independent journalist. You can keep up with her on Twitter at @nancygoldstein.






Tribe and Goldstein and everybody else should ask why in this Constitutional Democracy the Loyd Jowers jury verdict could be covered up by the Clinton Administration and the entire Fourth Estate.
That little constitutional institution failing seems to have passed Tribe by 12 years ago, which basically means the same nefarious practices hidden away in law enforcement, FBI,and justice agencies used to assassinate MLK can still be gamed by operatives “trained to avoid detection”. If people like Tribe haven’t outed them, we should safely assume they are still in there carefully replaced in a new generation.
That and the fact PAC money overtook union money in politics years ago while Rehnquist presided, and yet Citizen’s United passes them all by without a letter in the NY Review of Books? The ramming of Reactionaries in seats by the Koch Bros all over the USA and WDC doesn’t alarm them? It doesn’t strike them in the least as unequal protection of property rights and every other kind of rights? 98% of Americans are looted upward by these closed feedback loops that control their politics just like Parliament was controlled by landowners in the day Thomas Paine railed and railed?
And now he wants to know why Obama is the puppet of the military banking shareholders who put him in office? And all the other 200 constitutional professors who signed that letter?
Tribe and all the others should resign their tenured positions at institutions tax-exempt for public service for years of professional misconduct! The clearly haven’t been using those positions to serve the public interest, they have been using them to serve the status quo by doing nothing, or by being distracted, or whatever excuse they have!
By planckbrandt on April 16th, 2011 at 2:53 pm
[...] for whatever reason, the Pentagon doesn’t have any accountability. Last Friday, Nancy Goldstein presented an open letter to Barack Obama on Laura Flanders’ GRITtv (link has v… which included: Laurence Tribe, the legendary constitutional law professor, is really ticked off [...]
By Iraq snapshot (C.I.) | thecommonillsbackup on April 20th, 2011 at 7:33 pm
[...] for whatever reason, the Pentagon doesn’t have any accountability. Last Friday, Nancy Goldstein presented an open letter to Barack Obama on Laura Flanders’ GRITtv (link has v… which included: Laurence Tribe, the legendary constitutional law professor, is really ticked off [...]
By sunsara (Rebecca) | thecommonillsbackup on April 21st, 2011 at 6:40 am
[...] Losing Sleep Over Bradley Manning May 1, 2011 Posted by rogerhollander in Barack Obama, Criminal Justice, Human Rights, Torture. Tags: bradley manning, constitution, constitutional law, eighth amendment, human rights, laurance tribe, nancy goldstein, Obama, roger hollander, sleep deprivation, solitary confinement, torture, whistleblower, wikileaks trackback Sunday 1 May 2011 by: Nancy Goldstein, GRITtv [...]
By Losing Sleep Over Bradley Manning « roger hollander on May 1st, 2011 at 6:25 pm