Exceptions and Substitutions Plea in Manning Case

Bradley Manning, who stands accused of 22 military criminal charges, has offered a partial guilty plea and is awaiting the decision from the pre-trial hearing judge. The full article follows below.

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.

Bradley Manning offers partial guilty plea to military court

Alleged Wiki-leaker's attorney says, however, that the offer applies to only "a subset of" the offenses. That means the February 2013 court-martial will proceed.

 Bradley Manning, the U.S. Army soldier accused of providing WikiLeaks with hundreds of thousands of classified documents, has offered to plead guilty. Sort of.

During a pre-trial hearing in military court today, Manning's attorney, David Coombs, proposed a partial guilty plea covering a subset of the slew of criminal charges that the U.S. Army has lodged against him.

"Manning is attempting to accept responsibility for offenses that are encapsulated within, or are a subset of, the charged offenses," Coombs wrote on his blog this evening. "The court will consider whether this is a permissible plea."

Coombs stressed that Manning's offer has to be accepted by the court -- it's not final until it is -- and is not part of any "an agreement or deal" with prosecutors.

Manning's court-martial is set to begin in February 2013. Last year, the military slapped him with 22 charges, including alleging that Manning caused "to be published on the Internet intelligence belonging to the United States government."

WikiLeaks editor Julian Assange said last month in an appearance from Ecuador's London embassy that prosecutors want Manning to identify him as another guilty party.

The Army wants, Assange said from his embassy room where he sought refuge to avoid an extradition attempt, "to break him, to force him to testify against WikiLeaks and me" -- an apparent reference to the Justice Department's investigation taking place in conjunction with a federal grand jury in Alexandria, Va. If prosecutors can allege conspiracy to commit computer crimes, they would avoid some of the free speech problems they'd face in an Espionage Act prosecution.

Blogger Kevin Gosztola, who attended the Fort Meade, Md. hearing today, wrote that Manning would admit he provided the data to WikiLeaks. In other words, Gosztola wrote, "he can plead guilty without accepting the government's charge that he aided the enemy' or 'exceeded authorized access' on his computer."

The military's 2012 Manual for Courts-Martial (PDF) allows defendants to offer hybrid pleas to judges, including "not guilty to an offense as charged, but guilty of a named lesser included offense" and "not guilty of the exceptions, but guilty of the substitutions."

Exceptions-and-substitutions aren't unusual in military court. The U.S. Air Force Court of Criminal Appeals decided a case in June in which an airman first class was convicted of using of cocaine and other drugs, jailed, and then dishonorably discharged. In that case, the defendant pleaded guilty by "exceptions and substitutions" by excepting the drug Percocet and substituting the drug Vicodin.

----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

New Amendment Limits Indefinite Detention of US Citizens Only by the Military

Sen. Feinstein is not a favorite for her new amendment; which although supporting the prevention of US Citizens from being detained indefinitely by the US Military, the proposed change also makes it easier for the power to be used unconstitutionally against Immigrants in the US.

The Amendment is opposed for the further fact that the vague language erodes the right to due process, and offers no way for US Citizens detained by the military to "gain access to lawyers, family or the court" once detained.

If you have been charged with a military crime and need assistance, contact Military Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a free consultation or more information.

You can read more about this proposed Feinstein Amendment HERE
----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Bradley Manning's Defense Attorney Makes Statement

While a Military Attorney will be provided for you in most situations, it can be in your best interest to hire a civilian military defense attorney. If you would like more information about a Military Criminal Defense matter contact Attorney John L. Calcagni at (401) 351-5100 for a free consultation.

In his first public statement regarding his client Bradley Manning, Defense Attorney David Coombs criticizes the military for their extreme and harsh treatment of Manning during the nine months he was held, "against the advice of doctors", under a "suicide prevention regime".

Coombs' current motion to dismiss the charges against Manning based upon these conditions is still being argued.

Read more HERE



----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Former Deputy Commander Sentenced in Sexual Assault Case

If you are a United States service-member in need of assistance with a civilian or a military criminal matter, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information. Remember to subscribe to my blog for updates on military and criminal law matters.


Former B.C. cadet instructor jailed, banned from military for sex assault

A military court has sentenced a former deputy commander of the Victoria-based military cadet corps to one year in jail and banished him from the military for sexually abusing teenaged cadets.

Captain Daniel Moriarity, 26, was also demoted to a second lieutenant by military Judge Lieutenant-Colonel Louis-Vincent D’Auteuil, who said the man used and abused his power to fulfill his desires.

Capt. Moriarity was convicted of sexual exploitation, sexual assault and sexual interference by a military court last October in connection with attacks on a 15-year-old boy and 16-year-old girl in separate incidents at the Vernon, B.C., army camp.

During Capt. Moriarity’s sentencing on Wednesday, the judge said the victims are still emotionally dealing with the man’s actions.

Read more HERE


----------------------------------------------------------------------------------------

The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

New Military Issues Under President Re-Elect Obama

With Barack Obama's victory comes some important possible changes to the military that may or may not have an effect on you as a service member or veteran. The President plans to cut close to $500 billion in spending over the next ten years, and intends to pursue a full withdrawal from Afghanistan by 2014.

The President also plans to keep a strong vigil on seeing an end to DOMA (Defense of Marriage Act). In overturning this act, he further hopes to open services that have previously been reserved for heterosexual couples such as access to health care and Veterans' benefits, to homosexual couples as well.

As a veteran, you may look forward to increased access to housing, better mental health services, health care, and other veteran benefits. A proposed plan would employ more qualified mental health professionals and help alleviate the staggering unemployment faced by many veterans returning to civilian life.

If you would like more detailed information about the changes that may occur under President Obama's plan, the original article located HERE has more information.

If you are a service member who needs assistance with a military criminal defense matter in RI, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100 for a free consultation or more information.