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
Getty
Show Hide image

Richmond is a wake-up call for Labour's Brexit strategy

No one made Labour stand in Richmond Park. 

Oh, Labour Party. There was a way through.

No one made you stand in Richmond Park. You could have "struck a blow against the government", you could have shared the Lib Dem success. Instead, you lost both your dignity and your deposit. And to cap it all (Christian Wolmar, take a bow) you self-nominated for a Nobel Prize for Mansplaining.

It’s like the party strategist is locked in the bowels of HQ, endlessly looping in reverse Olivia Newton John’s "Making a Good Thing Better".

And no one can think that today marks the end of the party’s problems on Brexit.

But the thing is: there’s no need to Labour on. You can fix it.

Set the government some tests. Table some amendments: “The government shall negotiate having regard to…”

  • What would be good for our economy (boost investment, trade and jobs).
  • What would enhance fairness (help individuals and communities who have missed out over the last decades).
  • What would deliver sovereignty (magnify our democratic control over our destiny).
  • What would improve finances (what Brexit makes us better off, individually and collectively). 

And say that, if the government does not meet those tests, the Labour party will not support the Article 50 deal. You’ll take some pain today – but no matter, the general election is not for years. And if the tests are well crafted they will be easy to defend.

Then wait for the negotiations to conclude. If in 2019, Boris Johnson returns bearing cake for all, if the tests are achieved, Labour will, and rightly, support the government’s Brexit deal. There will be no second referendum. And MPs in Leave voting constituencies will bear no Brexit penalty at the polls.

But if he returns with thin gruel? If the economy has tanked, if inflation is rising and living standards have slumped, and the deficit has ballooned – what then? The only winners will be door manufacturers. Across the country they will be hard at work replacing those kicked down at constituency offices by voters demanding a fix. Labour will be joined in rejecting the deal from all across the floor: Labour will have shown the way.

Because the party reads the electorate today as wanting Brexit, it concludes it must deliver it. But, even for those who think a politician’s job is to channel the electorate, this thinking discloses an error in logic. The task is not to read the political dynamic of today. It is to position itself for the dynamic when it matters - at the next general election

And by setting some economic tests for a good Brexit, Labour can buy an option on that for free.

An earlier version of this argument appeared on Jolyon Maugham's blog Waiting For Tax.

Jolyon Maugham is a barrister who advised Ed Miliband on tax policy. He blogs at Waiting for Tax, and writes for the NS on tax and legal issues.