What's fair about Private Manning's sentence?

Nicky Woolf is glad that there are still people such as Edward Snowden and Bradley Manning around.

Bradley Manning was young. Alienated by the ultra-macho culture of the US military, and horrified by what he saw the military doing. So he acted on his conscience; leaking documents to Wikileaks that highlighted systematic abuses by US military and security forces, igniting an inferno of outrage and debate in the public.

Yesterday, a military judge took less than a minute to sentence him to 35 years imprisonment for this single act; of this, he has already served more than three, much of it in solitary confinement in appalling conditions.

It sticks in the craw, doesn't it? Doesn't it feel wrong, deep down in the bone? In a nation where the average rapist – if convicted at all – serves fewer than three years, and the average time served for sexual assault is just 35 months, this man, whose crime was simply to show the public how badly their government was behaving, will not even be eligible for parole for another eight years (taking into account the three years already served). What's fair about that? How could this possibly be?

Here is the argument in favour. A government necessarily deals in secrecy a lot of the time. Diplomacy, security and good governance do need to be secretive sometimes to operate in a high-stakes world of nuclear weapons, rogue states, and terrorism. That government must inevitably then prosecute these whistleblowers, and prosecute them harshly, if the system is to stay standing. If Manning was to be pardoned, or given a lighter sentence, then it would send the message that whistleblowing of this kind is legal and sanctioned, and cause a free-for-all which would leave the security forces and diplomatic services completely unable to do their jobs. The recent leak of diplomatic cables to Wikileaks, for example, is pointed at; a diplomatic disaster which made the lives of civil servants at the cutting edge of international politics much more difficult, and maybe endangered lives in the process.

So once Manning had been caught, the US government had to prosecute him, and prosecute him harshly. That, the argument runs, is simply how the game is played.

But that is only half the story. Inevitably, a government often oversteps the line of necessary secrecy. Its culture of secrecy can often become poisonous, self-propelling; a secret world which can undermine and sometimes overrule democracy for its own survival. It may claim to be working to protect us; but what could be so terrifying that our protectors must work so often in the dark?

When that happens, as arguably it has done in recent years in the United States and Britain, it falls to a whistleblower to step forward: an Edward Snowden or a Bradley Manning who are driven by their convictions to sacrifice their lives – as Manning has done – in order to shine a light on such abuses.

The relationship between journalists and governments is by nature antagonistic. It is the role of a newspaper like the Guardian or the New York Times or the Washington Post, or indeed an operation like Wikileaks to seek out such whistleblowers; and to protect them as much as they can afterwards, sometimes by keeping their identities secret for decades. Arguably, Wikileaks failed in its duty of care in protecting Manning.

Of course, a balance needs to be struck. Newspapers like the Guardian have become extremely proficient in working out which leaks are worthwhile, and which may put lives in danger. Smaller organisations like Wikileaks have not, and some leaks have happened that, arguably, did cause damage, diplomatically if not physically. But the world has changed. Secrets are harder to keep, and once out, harder to control. Governments must move with the times, not lash out when the combination of technology and conscience leave them embarrassed and exposed.

Whistleblowers know that they will probably pay a high price for their act of conscience. It is what makes that act so noble. Who did the outrageous and horrifying treatment of Manning deter? Certainly not Edward Snowden – though he has been forced to choose exile to avoid it. Still they take a gulp, square their shoulders, breathe deeply, and blow the whistle, because they believe that what they are doing is important enough to merit that level of sacrifice.

I, for one, am glad that there are still such people around.

Private Manning. Photograph: Getty Images
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Find the EU renegotiation demands dull? Me too – but they are important

It's an old trick: smother anything in enough jargon and you can avoid being held accountable for it.

I don’t know about you, but I found the details of Britain’s European Union renegotiation demands quite hard to read. Literally. My eye kept gliding past them, in an endless quest for something more interesting in the paragraph ahead. It was as if the word “subsidiarity” had been smeared in grease. I haven’t felt tedium quite like this since I read The Lord of the Rings and found I slid straight past anything written in italics, reasoning that it was probably another interminable Elvish poem. (“The wind was in his flowing hair/The foam about him shone;/Afar they saw him strong and fair/Go riding like a swan.”)

Anyone who writes about politics encounters this; I call it Subclause Syndrome. Smother anything in enough jargon, whirr enough footnotes into the air, and you have a very effective shield for protecting yourself from accountability – better even than gutting the Freedom of Information laws, although the government seems quite keen on that, too. No wonder so much of our political conversation ends up being about personality: if we can’t hope to master all the technicalities, the next best thing is to trust the person to whom we have delegated that job.

Anyway, after 15 cups of coffee, three ice-bucket challenges and a bottle of poppers I borrowed from a Tory MP, I finally made it through. I didn’t feel much more enlightened, though, because there were notable omissions – no mention, thankfully, of rolling back employment protections – and elsewhere there was a touching faith in the power of adding “language” to official documents.

One thing did stand out, however. For months, we have been told that it is a terrible problem that migrants from Europe are sending child benefit to their families back home. In future, the amount that can be claimed will start at zero and it will reach full whack only after four years of working in Britain. Even better, to reduce the alleged “pull factor” of our generous in-work benefits regime, the child benefit rate will be paid on a ratio calculated according to average wages in the home country.

What a waste of time. At the moment, only £30m in child benefit is sent out of the country each year: quite a large sum if you’re doing a whip round for a retirement gift for a colleague, but basically a rounding error in the Department for Work and Pensions budget.

Only 20,000 workers, and 34,000 children, are involved. And yet, apparently, this makes it worth introducing 28 different rates of child benefit to be administered by the DWP. We are given to understand that Iain Duncan Smith thinks this is barmy – and this is a man optimistic enough about his department’s computer systems to predict in 2013 that 4.46 million people would be claiming Universal Credit by now*.

David Cameron’s renegotiation package was comprised exclusively of what Doctor Who fans call handwavium – a magic substance with no obvious physical attributes, which nonetheless helpfully advances the plot. In this case, the renegotiation covers up the fact that the Prime Minister always wanted to argue to stay in Europe, but needed a handy fig leaf to do so.

Brace yourself for a sentence you might not read again in the New Statesman, but this makes me feel sorry for Chris Grayling. He and other Outers in the cabinet have to wait at least two weeks for Cameron to get the demands signed off; all the while, Cameron can subtly make the case for staying in Europe, while they are bound to keep quiet because of collective responsibility.

When that stricture lifts, the high-ranking Eurosceptics will at last be free to make the case they have been sitting on for years. I have three strong beliefs about what will happen next. First, that everyone confidently predicting a paralysing civil war in the Tory ranks is doing so more in hope than expectation. Some on the left feel that if Labour is going to be divided over Trident, it is only fair that the Tories be split down the middle, too. They forget that power, and patronage, are strong solvents: there has already been much muttering about low-level blackmail from the high command, with MPs warned about the dire influence of disloyalty on their career prospects.

Second, the Europe campaign will feature large doses of both sides solemnly advising the other that they need to make “a positive case”. This will be roundly ignored. The Remain team will run a fear campaign based on job losses, access to the single market and “losing our seat at the table”; Leave will run a fear campaign based on the steady advance of whatever collective noun for migrants sounds just the right side of racist. (Current favourite: “hordes”.)

Third, the number of Britons making a decision based on a complete understanding of the renegotiation, and the future terms of our membership, will be vanishingly small. It is simply impossible to read about subsidiarity for more than an hour without lapsing into a coma.

Yet, funnily enough, this isn’t necessarily a bad thing. Just as the absurd complexity of policy frees us to talk instead about character, so the onset of Subclause Syndrome in the EU debate will allow us to ask ourselves a more profound, defining question: what kind of country do we want Britain to be? Polling suggests that very few of us see ourselves as “European” rather than Scottish, or British, but are we a country that feels open and looks outwards, or one that thinks this is the best it’s going to get, and we need to protect what we have? That’s more vital than any subclause. l

* For those of you keeping score at home, Universal Credit is now allegedly going to be implemented by 2021. Incidentally, George Osborne has recently discovered that it’s a great source of handwavium; tax credit cuts have been postponed because UC will render such huge savings that they aren’t needed.

Helen Lewis is deputy editor of the New Statesman. She has presented BBC Radio 4’s Week in Westminster and is a regular panellist on BBC1’s Sunday Politics.

This article first appeared in the 11 February 2016 issue of the New Statesman, The legacy of Europe's worst battle