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U.S. v. Bradley Manning: Being Transgender Doesn’t Mean You’re Unstable

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I’ve usually avoided talking about the trial of Private Bradley Manning, given that I’ve been directly involved with this situation before and I probably will be in the future. But I feel that certain recent developments in the case deserve to be addressed.

Private Manning has been charged with various offenses relating to his alleged leaking of classified material to Wikileaks in 2009, including the “Collateral Murder” video, thousands of diplomatic cables of the State Department, and Army field reports from the wars in Iraq and Afghanistan. The current phase of the trial is not about the charges against Manning, but rather about the conditions he was held in prior to the trial.

After he was arrested, he was detained in the brig at Marine Corps Base Quantico for nine months, and placed on suicide watch as well as “Prevention of Injury” status. During this time, he was effectively held in solitary confinement, he was not allowed to speak to other detainees, and he could only leave his cell for 20 minutes each day. He had to ask for toilet paper and then return it when he was done. He was required to remove all of his clothing at night and sleep naked, as well as stand at attention in the nude. Manning’s defense has been arguing that this treatment was unwarranted and constituted unlawful pretrial punishment. This could lead to the dismissal of some charges, or a reduction in sentencing. The prosecution, in turn, has argued that these conditions of his confinement were necessary and appropriate.

As part of this phase of the trial, the court heard the testimony of Master Sgt. Craig Blenis, who acted as Manning’s counselor during his detainment at Quantico. According to reporters covering the hearing, Blenis stated that Manning had sent two letters from the brig using the name “Breanna”, and he considered this a reason to place Manning on Prevention of Injury status. Blenis claimed that this was “not normal” and “not stable”.

There is a history of some uncertainty over how Manning identifies. Prior to his arrest, he had spoken to a gender counselor online, and said he felt that he was female. He told his superiors in the Army that he had gender identity disorder, which he talked about in his conversations with Adrian Lamo. He also set up Twitter and YouTube accounts under the name “Breanna Manning,” and listed this as an alias when he was first confined at Quantico. However, the Bradley Manning Support Network have stated that he prefers to be addressed as Bradley, and when I talked with people who are in close contact with Manning, they all told me he currently identifies as male.

None of this is conclusive, and anything is possible. People who are trans don’t always know it.

For instance, when I spoke with Manning in 2009 prior to his alleged leaks, he identified as a gay man — and at the time, so did I. Sometimes, things change. On the other hand, people have at times explored the possibility that they have gender identity disorder, before concluding that this isn’t who they are.

 

Transgender people do not automatically need to be placed on suicide watch simply because of who they are. Trans people are everywhere, and you can’t just assume that someone who’s trans must be unstable or dangerous.

 

In the absence of any concrete statements from Manning, it’s impossible to know for certain how he prefers to be known. But if his use of a female name was indeed one of the reasons why Manning was placed on a highly restrictive status, that’s a very troubling justification. This isn’t something that should necessarily be considered, in the words of MSgt. Blenis, “not normal.” For someone who’s transgender and identifies as a woman, the use of a name which they feel matches their identity is entirely normal. Likewise, being transgender doesn’t mean that someone is therefore “not stable” or is at risk of harming themselves. Can the condition of gender dysphoria sometimes cause enough distress to endanger someone’s well-being? Yes, but this is far from a certainty, and it doesn’t mean there’s an imminent risk that they’re going to commit suicide.

For example, this summer, I sought counseling because I identified as a woman and wanted to begin medical treatment. I was diagnosed with gender identity disorder after one short visit, and I was sent to a doctor who could provide the necessary treatment. At no time during this process did anyone suggest that because I’m transgender or because I use a female name, I must therefore be a suicide risk. They simply gave me the treatment I needed at the time. No one felt it was necessary to confine me in conditions where I was deprived of the most basic amenities so that I couldn’t harm myself, because that’s not what being transgender means. As Staff Sgt. Ryan Jordan testified at the hearing, this “depends on how that individual is affected by that.”

Jordan apparently did not see this as a significant reason to keep Manning on Prevention of Injury status, but it seems that Blenis did. It’s disturbing that Manning’s counselor was working with someone who may have gender identity disorder, while appearing to know very little about what the condition actually entails. It’s especially difficult to assume good faith on the part of Blenis given that he testified to having rejected a birthday package for Manning because “we felt like being dicks.” At a minimum, this calls into question whether he was capable of treating Manning fairly and acting as an effective advocate for him.

And while it’s certainly possible that there were other reasons to place Manning on this restrictive status, such as the fact that he acknowledged being suicidal after his arrest and tied a noose out of bedsheets while jailed in Kuwait, his gender identity alone probably wasn’t a very good reason to keep him under these conditions. Transgender people do not automatically need to be placed on suicide watch simply because of who they are. Trans people are everywhere, and you can’t just assume that someone who’s trans must be unstable or dangerous. It’s insulting and offensive to imply that they are, and I would hope that the professionals of our nation’s military can understand that.

 

Editor’s note: Manning used the term “gender identity disorder,” and for the sake of consistency, we have used that term here as well, although the American Psychiatric Association has removed that term from the DSM and replaced it — and its diagnosis — with “gender dysphoria.”

 

Image, top, by Clark Stoeckley, via Flickr

 

Zinnia Jones is an atheist activist, writer, and video blogger focusing on LGBTQ rights and religious belief. Originally from Chicago, she’s currently living in Florida with her partner Heather and their two children.

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‘On Day One’: Trump Vows to End Protections for LGBTQ Students

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May 10, 2024

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Donald Trump says the day he enters the Oval Office for a second term he will end anti-discrimination protections for LGBTQ+ students implemented by the Biden administration.

Serving up a scattershot series of complaints with the hosts from the Philadelphia-based right-wing talk radio show “Kayal and Company” on Friday, Trump compared LGBTQ+ protections to a “cuckoo’s nest.”

“A lot of things don’t make sense, having to do with what they’re doing, from the border to all of the men playing in women’s sports. I mean, the world is like a cuckoo’s nest right now with what they do,” Trump declared.

One of the hosts alleged President Joe Biden has engaged in “manipulation” of Title IX, the federal civil rights law that prohibits sex-based discrimination in schools that receive federal funding. She claimed parents now have to “pinch some pennies” to be able to afford private Christian schools for their children, to remove them from the enhancements that go into effect this summer.

“Many schools are grappling with what they’re going to do,” she said, “because as of August 1, as you know, because of Biden’s manipulation of Title IX, these kids, the school boards, have no choice, they’re meeting right now they, many of them perplexed, and they don’t know what to do, Mr. President, because they’re so upset over this that at August 1 a biological boy can change in a locker room.”

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Trump replied, “It’s crazy. Crazy.”

“We’re going to end it on day one,” Trump vowed. “We’re going to change it on day one. It’s going to be changed. We’re going to end it. That’s right.”

“The whole thing is crazy. Look, it’s like men playing in women’s sports. It’s like open borders for the world to come in. Send all their prisoners. We’ll take as many as you can give us. Send all their people from mental institutions.”

“We’ll get that changed. Tell your people not to worry about it. It’ll be signed on day one. It will be terminated,” Trump promised, vowing to end the LGBTQ+ protections which include protections for sexual orientation and gender identity.

On his first day in office, President Biden implemented “the most far-reaching of any federal protections yet” for LGBTQ+ people, according to NPR.

In an explainer on the new expanded rules, Ms. Magazine reports “The 2024 regulations prohibit discrimination not only on the basis of sex, but also on the basis of sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”

According to GLAAD, which is tracking “the Biden administration’s executive orders, legislative support, speeches and nominations that affect LGBTQ people and rights,” President Biden has made 337 “moves” in 1206 days.

Listen to a short clip below or at this link.

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Ari Fleischer Offers Donald Trump Advice Attorney Says ‘Effectively’ Violates Gag Order

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May 10, 2024

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A Fox News panel discussing the Trump New York criminal trial debated whether or not the indicted ex-president could attack the judge’s daughter, with former Bush 43 press secretary Ari Fleischer insisting he should, and claiming doing so would not violate the terms of the gag order.

“President Trump needs to stop calling the judge ‘conflicted.’ He needs to explain why he’s conflicted,” Fleischer said Friday to a panel that included former Trump press secretary Kayleigh McEnany. “Every day of the trial he goes in there, he says, ‘the judge is conflicted, conflicted bigger than I’ve ever seen anywhere in my life.’ He doesn’t explain how or why. He needs to say that the judge’s daughter works for a Democratic political consulting firm that does anti-Trump business. He needs to explain it. Otherwise, it’s just an assertion with no proof. And the President if he’s going to say it, back it up. Explain.”

“I think that’s a violation of the gag order, is it not?” a Fox panelist replied.

“No, he can criticize the judge,” McEnany responded.

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“Not the judge but the family,” the panelist added.

“But when he says the judge is conflicted, you can still explain how and why, and I think comply with a gag,” Fleischer insisted.

The panelists then agreed Donald Trump has been “measured” in his remarks.

National security attorney Brad Moss weighed in on social media, posting the relevant portion of the gag order and writing that Fleischer “effectively recommends Trump violate the terms of the gag order.”

The gag order in part reads: “Defendant is directed to refrain from” … “Making or directing others to make public statements about (1) counsel in the case other than the District Attorney, (2) members of the court’s staff and the District Attorney’s staff, or (3) the family members of any counsel, staff member, the Court or the District Attorney, if those statements are made with the intent to materially interfere with, or to cause others to materially interfere with, counsel’s or staffs work in this criminal case, or with the knowledge that such interference is likely to result.”

Despite Trump’s repeated attacks, an ethics panel last year cleared Judge Juan Merchan of any issues surrounding his daughter’s work.

On Monday, Judge Merchan warned Trump he may throw him in jail if he violates the gag order again.

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Bannon Will Be ‘Going to Prison’ After Criminal Contempt Conviction Upheld, Experts Predict

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May 10, 2024

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A federal appeals court panel of three judges has upheld the criminal contempt of Congress conviction of Steve Bannon, the far-right provocateur and former Trump chief strategist and senior White House advisor. Legal experts say he can appeal but ultimately he will he headed to prison.

Bannon had refused to comply with a subpoena lawfully-issued by the U.S. House Select Committee on the January 6 Attack.

“Bannon was sentenced to four months in jail in 2022 by U.S. District Judge Carl Nichols after a jury convicted him of two counts of contempt of Congress,” Politico reports Friday. “But Nichols, a Trump appointee, agreed to postpone the jail term while Bannon appealed the decision, agreeing that the complex mix of laws that govern executive privilege and testimonial immunity for White House aides could be overturned by higher courts.”

The appeals court panel includes judges appointed by President Barack Obama, Donald Trump, and Joe Biden, according to CNN’s Zachary Cohen.

In their ruling the judges wrote: “Public accounts indicated that Bannon had predicted on a January 5, 2021 podcast that ‘all hell [wa]s going to break loose’ the next day,” and noted, “In addition to the podcast prediction, Bannon had reportedly participated in discussions in late 2020 and early 2021 about efforts to overturn the 2020 election results.”

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Politico noted the “three-judge panel of the D.C. Circuit Court of Appeals rejected Bannon’s argument, saying the former aide and prominent podcaster had no legal rationale for his blanket refusal to appeal before the Jan. 6 committee — and that long-standing case law.”

Bannon is a peddler of conspiracy theories whose podcast “was crowned the top peddler of false, misleading and unsubstantiated statements among political podcasts,” according to The New York Times, citing a Brookings study.

“Bannon is unlikely to have to report to prison immediately,” NBC News reports.

Legal experts weighed in on the question of prison for Bannon.

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“And now it’s time for Bannon to be given a date to report to the federal Bureau of Prisons to begin serving his sentence,” remarked MSNBC and NBC News legal analyst Glenn Kirschner, a former federal prosecutor.

“Bannon is effectively out of appeals,” observed professor of law and MSNBC legal analyst Joyce Vance, former U.S. Attorney. “He can delay a little bit longer, asking for the full court to review the decision en banc & asking SCOTUS to hear his case on cert, but neither one of those things will happen. Bannon is going to prison.”

Professor of law and former chief White House ethics lawyer Richard Painter remarked, “it’s slammer time.”

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