Alexandria, VA — On Monday, August 5, 2019, Judge Anthony Trenga denied Chelsea Manning’s Motion to Reconsider Sanctions imposed after he found her in civil contempt of court for her refusal to give grand jury testimony relating to her 2010 disclosures of classified information. 

While the judge has authority to sanction Ms. Manning in an effort to convince her to comply with his order to testify before the grand jury, he does not have the authority to impose sanctions for punitive purposes. In her motion, Ms. Manning argued that the sanctions, including both incarceration and steep daily fines, will never coerce her compliance with the Court’s order, and therefore impermissibly serve only a punitive function. 

The Judge denied her motion without holding a hearing on the matter, although both parties had consented to and anticipated an opportunity to present further evidence and argument. In a footnote, Judge Trenga explained his unexpected decision by saying “The Court […] finds, based upon the nature and volume of documents proffered, that a hearing would not aid the decision process and therefore decides the Motion without a hearing.”

“…Ms. Manning has proffered a substantial number of financial records documenting her assets, liabilities, and current and future earnings,” the Judge wrote. “The Court has reviewed these records and concludes […] that Ms. Manning has the ability to comply with the Court’s financial sanctions or will have the ability after her release from confinement. Therefore, the imposed fines of $500 per day after 30 days and $1,000 per day after 60 days is not so excessive as to relieve her of those sanctions or to constitute punishment rather than a coercive measure.”

The Judge has “almost unreviewable discretion” to interpret evidence, such as Chelsea’s financial records, and to impose —or revoke— sanctions. Thus, despite the fact that Chelsea is currently deeply in debt, and can not work while incarcerated, Judge Trenga was able to conclude that fines totalling $441,000 fall within the parameters of a ‘coercive’ sanction, and do not intrude into the forbidden realm of the punitive. He also stated his belief that continued confinement may yet exert a coercive impact upon Ms. Manning, and asserted that he retains the authority to keep her confined while simultaneously imposing daily fines, a point of law vigorously disputed by Ms. Manning’s lawyers.

When informed of the judge’s decision Chelsea said, “I am disappointed but not at all surprised. The government and the judge must know by now that this doesn’t change my position one bit.”

Chelsea will remain confined for another year, and will face ongoing financial hardship, unless Judge Trenga or a higher court are convinced of what Ms. Manning has always publicly maintained: that the sanctions imposed will never coerce her compliance and are therefore entirely punitive.

Past Developments

1. May 31, 2019 – Chelsea Manning’s Legal Team Files Motion to Reconsider Sanctions: https://www.sparrowmedia.net/2019/05/chelsea-mannings-lawyers-file-motion-to-reconsider-sanctions/

2. May 23, 2019  – Statement from Chelsea Manning and Her Lawyer Regarding Today’s Superseding Indictment: https://www.sparrowmedia.net/2019/05/statement-from-chelsea-manning-her-lawyer-regarding-todays-superseding-indictment/

3. May 16, 2019 – Statement from Chelsea Manning’s Legal Team Regarding Today’s Grand Jury Hearing: https://www.sparrowmedia.net/2019/05/statement-from-chelsea-mannings-legal-team/

4. May 12, 2019 – Chelsea on CNN’s “Reliable Sources” with Brian Stelter: https://www.cnn.com/videos/business/2019/05/12/chelsea-manning-speaks-out-after-two-months-in-jail.cnn/video/playlists/reliable-sources-highlights/

5. May 10, 2019 – Chelsea’s video statement (with full transcription): https://youtu.be/TDZGRRk4Mn

6. May 9, 2019 – Statements from Chelsea and her legal team: Chelsea Manning Released from Alexandria Detention Center After Grand Jury Lapses: https://www.sparrowmedia.net/2019/05/chelsea-manning-released-from-alexandria-detention-center/

7. May 6, 2019 – Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury: https://www.sparrowmedia.net/2019/05/chelsea-manning-and-attorneys-file-motion-declaring-she-will-never-be-convinced-to-cooperate-with-the-grand-jury/

8. April 22, 2019 – Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention: https://www.sparrowmedia.net/2019/04/chelsea-manning-and-her-attorneys-respond-to-4th-circuit-court-of-appeals-ruling-affirming-contempt-and-continuing-her-detention/

10. April 1, 2019 – Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion: https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

11. March 29, 2019 – Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt: https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

12. March 23, 2019 – Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions: https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

13. March 8, 2019 – Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

14. March 6, 2019 – Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal: https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

15. March 5, 2019 – Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

While the government has alleged that she has access to resources that would enable her to pay these fines, that perception is simply wrong, say Chelsea and her lawyers. Although prior to her recent confinement, Ms. Manning was able to earn a living from public speaking, she is not a wealthy person, her team says. Records show she was forced to lay off the individual employed by her small business after her incarceration in March, 2019. She has no personal savings, an uncertain speaking career that has been abruptly halted by her incarceration, and is moving her few belongings into storage, as she can no longer afford to pay her rent.

Chelsea — who made exhaustive financial disclosures to the public during her 2018 run for the U.S. Senate — requested an opportunity to share her records with the Court shortly after the imposition of the fines. She will produce documents demonstrating that her current debt and compromised earning capacity have left her balance sheets near zero:

The government, and maybe the general public, think that I have access to resources just because I am a public figure but that’s just not true. Making money has never been my priority.

I do the work I do for the same reason I do everything: because I want to make a difference. Now, my work has been totally interrupted by my incarceration. I definitely feel the costs of these sanctions, but I never expected to have a comfortable life, and I would rather be in debt forever than betray my principles.”

Chelsea E. Manning

Ms. Manning and her legal team argue that, as it stands, the fines imposed are so much greater than her current and potential net worth that she will not be able to pay them in full. Moreover, while corporations are routinely financially sanctioned, it is unheard of for an individual to be hit with such heavy fines, particularly where the underlying matter involves no financial misconduct. For all of these reasons, her lawyers argue, the fines should either be reduced or vacated altogether.  

Furthermore, they argue, Chelsea will sooner bankrupt herself trying to pay these exorbitant fines than cooperate with the grand jury; since these fines will never coerce her cooperation, they are impermissibly punitive. Finally, they ask Judge Trenga to acknowledge that the jail sanction has definitively failed to coerce Chelsea, transforming any further confinement into an illegitimate punishment, rather than a civil sanction.

Past Developments

1. May 31, 2019: Chelsea Manning’s Legal Team Files Motion to Reconsider Sanctions https://www.sparrowmedia.net/2019/05/chelsea-mannings-lawyers-file-motion-to-reconsider-sanctions/

2. May 23, 2019: Statement from Chelsea Manning and Her Lawyer Regarding Today’s Superseding Indictment https://www.sparrowmedia.net/2019/05/statement-from-chelsea-manning-her-lawyer-regarding-todays-superseding-indictment/

3. May 16, 2019 – Statement from Chelsea Manning’s Legal Team Regarding Today’s Grand Jury Hearing: https://www.sparrowmedia.net/2019/05/statement-from-chelsea-mannings-legal-team/

4. May 12, 2019 – Chelsea on CNN’s “Reliable Sources” with Brian Stelter: https://www.cnn.com/videos/business/2019/05/12/chelsea-manning-speaks-out-after-two-months-in-jail.cnn/video/playlists/reliable-sources-highlights

5. May 10, 2019– Chelsea’s video statement (with full transcription): https://youtu.be/TDZGRRk4Mn

6. May 9, 2019 – Statements from Chelsea and her legal team: Chelsea Manning Released from Alexandria Detention Center After Grand Jury Lapses: https://www.sparrowmedia.net/2019/05/chelsea-manning-released-from-alexandria-detention-center/

7. May 6, 2019 – Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury: https://www.sparrowmedia.net/2019/05/chelsea-manning-and-attorneys-file-motion-declaring-she-will-never-be-convinced-to-cooperate-with-the-grand-jury/

8. April 22, 2019 – Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention: https://www.sparrowmedia.net/2019/04/chelsea-manning-and-her-attorneys-respond-to-4th-circuit-court-of-appeals-ruling-affirming-contempt-and-continuing-her-detention/

9.  April 1, 2019 – Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion: https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

10.  March 29, 2019 – Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt: https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

11. March 23, 2019 – Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions: https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

12.  March 8, 2019 – Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

13. March 6, 2019 – Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal: https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

14. March 5, 2019 – Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

During the May 16th contempt hearing, Judge Trenga found Ms. Manning in contempt of court and ordered her confined for the term of the grand jury. Judge Trenga also imposed graduated fines to be assessed at $500 per day starting after 30 days of confinement, and jumping to $1,000 per day after 60 days, for as long as she refuses to comply with the court’s order to answer questions before the grand jury.

During that same hearing, Judge Trenga prevailed upon Ms. Manning to use her confinement as an opportunity to reflect on her principles and objections to the grand jury process. A letter from Chelsea filed with the court today represents her efforts to communicate those principles and objections clearly and completely to the judge, and to show him that she has in fact reflected on her convictions sincerely and at length.

Judge Trenga is asked to consider five important arguments in today’s court filing:

1. A renewal of Ms. Manning’s motion for release, on the basis that she cannot be coerced, and that her incarceration is therefore only punitive. A sanction that serves only to punish her would convert what is intended as a civil coercive sanction into a criminal punishment, in violation of her 5th Amendment rights to due process.
   
   
2. The government has now successfully obtained not one, but two indictments, without the benefit of or need for Chelsea’s testimony. Furthermore, as the government’s sixty-day window to add further charges prior to the submission of their extradition request is nearly over, the legitimacy of its purported need for Chelsea’s evidence is increasingly doubtful.
   
   
3. The court may impose civil fines in order to coerce compliance with a court order – but not to punish disobedience with a court order. Coercive fines, however, are usually only applied to corporations, which cannot be jailed. Furthermore, such fines may not be imposed without the court confirming that the fines will not be excessive or punitive. This requires the judge to carefully examine the witness’s financial capacity, which was not done in this case.
   
   
4. In the unusual event that fines are imposed on individuals, it is where the underlying contempt involves a refusal to comply with a court order about the management of large sums of money. There are no such facts in Chelsea’s case, and her lawyers believe that imposing any fine may be presumed to be definitionally punitive, rather than coercive.
   
   
5. Although both fines and confinement are within the traditional contempt powers of the court, past cases suggest that these may be used one at a time, or one after the other, but a court should not impose both at once.
   

The government and Chelsea’s legal team are in agreement that witnesses held in civil contempt may be held for no more than 18 months total, even for contempts occurring before different grand juries. As a result, on May 29, 2019, the government joined Ms. Manning’s counsel in asking Judge Trenga to give her 62 days “time served” and to modify his order of confinement to the term of this grand jury minus the 62 days she already spent in confinement (for contempt before a previous grand jury proceeding).

Alexandria, VA — Chelsea Manning and her attorney Moira Meltzer-Cohen have issued the following statements in reply to today’s events:

The continued detention of Chelsea Manning is purely punitive. Today’s events underscore what Chelsea has previously said, “[a]ll of the substantive questions pertained to my disclosures of information to the public in 2010—answers I provided in extensive testimony, during my court-martial in 2013.”

“I continue to accept full and sole responsibility for those disclosures in 2010,” said Chelsea Manning this evening. “It’s telling that the government appears to have already obtained this indictment before my contempt hearing last week. This administration describes the press as the opposition party and an enemy of the people. Today, they use the law as a sword, and have shown their willingness to bring the full power of the state against the very institution intended to shield us from such excesses.”

Moira Meltzer-Cohen, Manning’s attorney stated, “up until now the Department Of Justice has been reticent to actually indict publishers for work implicating matters of national security, because the first amendment rights of the press and public are so constitutionally valuable. This signals a real shift, and sets a new precedent for the federal government’s desire to chill and even punish the vigorous exercise of the free press.”

Note to editors

Chelsea Manning is represented by Moira Meltzer-Cohen, appellate attorney Vincent Ward, and local counsel Chris Leibig and Sandra Freeman.

In addition to being held in confinement for the duration of the Grand Jury investigation or until she purges her contempt and testifies, District Court Judge Anthony Trenga ordered Chelsea to be fined $500 every day she is in custody after 30 days and $1,000 every day she is in custody after 60 days.

While coercive financial penalties are commonly assessed against corporate witnesses, which cannot be jailed for contempt, it is less usual to see them used against a human witness. 

In a sealed hearing, Judge Anthony Trenga heard arguments that this post-indictment subpoena should be quashed as an impermissible effort to compel Chelsea to participate in trial preparation, which is beyond the scope of the grand jury’s investigative function. 

Judge Trenga also heard arguments on whether Chelsea was subject to unlawful electronic surveillance, ultimately declining either to demand from the government further assurances on the matter, or to quash the subpoena. 

Prior to being held in contempt, Ms. Manning was heard in open court on her objections to the grand jury as a secret process that runs counter to her values. 

Today’s hearings took place exactly one week after her release, following 63 days of confinement, 28 days of which she spent in solitary confinement conditions, for refusal to testify before a seperate Grand Jury that sought answers to identical questions that were asked of her today. 

The motions and transcripts may be partially unsealed following review and redaction by the parties and the Court.

The following is a statement to the press from Moira Meltzer-Cohen, Attorney for Chelsea Manning:

“We are of course disappointed with the outcome of today’s hearing, but I anticipate it will be exactly as coercive as the previous sanction — which is to say not at all.

“In 2010 Chelsea made a principled decision to let the world see the true nature modern asymmetric warfare. It is telling that the United states has always been more concerned with the disclosure of those documents than with the damning substance of the disclosures.

“The American government relies on the informed consent of the governed, and the free press is the vigorous mechanism to keep us informed. It is a point of pride for this administration to be publicly hostile to the press. Grand Juries and prosecutions like this one broadcast an expanding threat to the press and function to undermine the integrity of the system according to the government’s own laws.

“This administration is also obsessed with undercutting the legacy of President Barack Obama, from reversing healthcare policy to Chelsea Manning’s commutation. 

“It is up to the press to stand up for themselves, to stand up for the practice of journalism, and to stand up for Chelsea in the same manner she has consistently stood up for the press.”

Note to editors

Chelsea Manning is represented by Moira Meltzer-Cohen, appellate attorney Vincent Ward, and local counsel Chris Leibig and Sandra Freeman.

Past Developments

1. May 16, 2019 – Statement from Chelsea Manning’s Legal Team Regarding Today’s Grand Jury Hearing: https://www.sparrowmedia.net/2019/05/statement-from-chelsea-mannings-legal-team/

2.  May 12, 2019 – Chelsea on CNN’s “Reliable Sources” with Brian Stelter: https://www.cnn.com/videos/business/2019/05/12/chelsea-manning-speaks-out-after-two-months-in-jail.cnn/video/playlists/reliable-sources-highlights

3.  May 10, 2019– Chelsea’s video statement (with full transcription): https://youtu.be/TDZGRRk4Mn
 

4.  May 9, 2019 – Statements from Chelsea and her legal team: Chelsea Manning Released from Alexandria Detention Center After Grand Jury Lapses: https://www.sparrowmedia.net/2019/05/chelsea-manning-released-from-alexandria-detention-center/

5.  May 6, 2019 – Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury: https://www.sparrowmedia.net/2019/05/chelsea-manning-and-attorneys-file-motion-declaring-she-will-never-be-convinced-to-cooperate-with-the-grand-jury/

6.  April 22, 2019 – Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention: https://www.sparrowmedia.net/2019/04/chelsea-manning-and-her-attorneys-respond-to-4th-circuit-court-of-appeals-ruling-affirming-contempt-and-continuing-her-detention/

7.  April 1, 2019 – Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion: https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

8.  March 29, 2019 – Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt: https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

9.  March 23, 2019 – Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions: https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

10.  March 8, 2019 – Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

11. March 6, 2019 – Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal: https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

12. March 5, 2019 – Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

This subpoena issued more than a year after the previous grand jury obtained an indictment against the founder of the organization that published Chelsea Manning’s 2010 disclosures of classified information.

Since the grand jury serves only an investigative function, and may not be used to prepare for trial on an already-pending indictment, Chelsea’s lawyers contend that this subpoena represents an improper and impermissible use of the grand jury process.

In addition to the Motion to Quash filed with the court yesterday is a Motion to Disclose Electronic Surveillance, asking the Judge to order the government to disclose the existence of any electronic surveillance to which Ms. Manning has been subject. If the government refuses to comply with their obligations to affirm or deny that any surveillance took place, the legal team asks that the judge quash the subpoena.

Chelsea will hold a brief press conference on the apron of the Alexandria District Courthouse, 401 Courthouse Square, in Alexandria Virginia, at 1:15 p.m.

Chelsea’s hearing will take place at 2 p.m.

Note to editors

Chelsea Manning is represented by Moira Meltzer-Cohen, appellate attorney Vincent Ward, and local counsel Chris Leibig and Sandra Freeman.

Past Developments

1.  May 12, 2019– Chelsea on CNN’s “Reliable Sources” with Brian Stelter: https://www.cnn.com/videos/business/2019/05/12/chelsea-manning-speaks-out-after-two-months-in-jail.cnn/video/playlists/reliable-sources-highlights/

2.  May 10, 2019– Chelsea’s video statement (with full transcription): https://youtu.be/TDZGRRk4Mn

3.  May 9, 2019– Statements from Chelsea and her legal team: Chelsea Manning Released from Alexandria Detention Center After Grand Jury Lapses: https://www.sparrowmedia.net/2019/05/chelsea-manning-released-from-alexandria-detention-center/

4.  May 6, 2019– Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury: https://www.sparrowmedia.net/2019/05/chelsea-manning-and-attorneys-file-motion-declaring-she-will-never-be-convinced-to-cooperate-with-the-grand-jury/

5.  April 22, 2019– Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention: https://www.sparrowmedia.net/2019/04/chelsea-manning-and-her-attorneys-respond-to-4th-circuit-court-of-appeals-ruling-affirming-contempt-and-continuing-her-detention/

6.  April 1, 2019– Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion: https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

7.  March 29, 2019– Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt: https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

8.  March 23, 2019– Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions: https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

9.  March 8, 2019– Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

10. March 6, 2019– Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal: https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

11. March 5, 2019– Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal: http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

“Unfortunately, even prior to her release, Chelsea was served with another subpoena. This means she is expected to appear before a different grand jury, on Thursday, May 16, 2019, just one week from her release today.

“It is therefore conceivable that she will once again be held in contempt of court, and be returned to the custody of the Alexandria Detention Center, possibly as soon as next Thursday, May 16.

“Chelsea will continue to refuse to answer questions, and will use every available legal defense to prove to District Judge Trenga that she has just cause for her refusal to give testimony.”

A more detailed statement from Chelsea is forthcoming.

Note to editors

Chelsea Manning is represented by Moira Meltzer-Cohen, appellate attorney Vincent Ward, and local counsel Chris Leibig and Sandra Freeman.

Past Statements from Chelsea and Her Support Team

1. May 6, 2019 – Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury https://www.sparrowmedia.net/2019/05/chelsea-manning-and-attorneys-file-motion-declaring-she-will-never-be-convinced-to-cooperate-with-the-grand-jury/

1. April 22, 2019 – Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention https://www.sparrowmedia.net/2019/04/chelsea-manning-and-her-attorneys-respond-to-4th-circuit-court-of-appeals-ruling-affirming-contempt-and-continuing-her-detention/

1. April 1, 2019 – Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

1. March 29, 2019 – Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

1. March 23, 2019 – Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

1. March 8, 2019 – Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

1. March 6, 2019 – Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

1. March 5, 2019 – Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

According to Moira Meltzer-Cohen, attorney to Chelsea Manning:

“A witness who refuses to cooperate with a grand jury subpoena may be held in contempt of court, and fined or incarcerated. The only permissible purpose for confinement under the civil contempt statute is to attempt to coerce a witness to comply with the subpoena, or “purge” their contempt. If it is no longer possible to purge the contempt, either because the grand jury is no longer in existence, or because the witness is un-coercible, then confinement has been transformed from coercive into punitive, in violation of the law.

“The key issue before Judge Hilton is whether continued incarceration could persuade Chelsea to testify. Many judges have complained of the “perversity” of this law: that a witness may win their freedom by persisting in their contempt of court. However, should he agree that Chelsea will never agree to testify, he will be compelled by the law to order her release.

“Since Ms. Manning is not going to agree to give testimony before the grand jury, she argues, her confinement has exceeded its permissible scope, and she must be released.

“Letters of support were submitted to the Court by Ms. Manning’s friends, family, and colleagues, including from representatives of civil liberties organizations including the ACLU, the Freedom of the Press Foundation, the Electronic Frontier Foundation, and Fight for the Future. These letters reiterate that Chelsea is a person of great moral courage, who will not be swayed into betraying her principles, even in the face of great hardship.

“That her confinement has already been so arduous gives credence to her claim that she will endure great hardship rather than agree to cooperate.”

According to Chelsea’s former attorney, Chase Strangio of the ACLU.

“The constant in Ms. Manning’s life is her unwavering commitment to her principles,” said Strangio. “I am certain that no punishment could coerce her to violate those principles.”

Included in the filing is a lengthy declaration by Chelsea explaining her position:

“After two months of confinement, and using every legal mechanism available so far, I can —without any hesitation— state that nothing will convince me to testify before this or any other grand jury for that matter. This experience so far only proves my long held belief that grand juries are simply outdated tools used by the federal government to harass and disrupt political opponents and activists in fishing expeditions…

“The way I am being treated proves what a corrupt and abusive tool this truly is. With each passing day my disappointment and frustration grow, but so too do my commitments to doing the right thing and continuing to refuse to submit…

“I believe this grand jury seeks to undermine the integrity of public discourse with the aim of punishing those who expose any serious, ongoing, and systemic abuses of power by this government, as well as the rest of the international community…”

“Over the past decade, I grappled with bouts of depression. I can think of nothing that could exacerbate those struggles more than pretending to live as someone I am not once again, and turning my back on everything I care about and fight for…

“I wish to return home. I want to return to my work — writing, speaking, consulting, and teaching. The idea I hold the keys to my own cell is an absurd one, as I face the prospect of suffering either way due to this unnecessary and punitive subpoena: I can either go to jail or betray my principles. The latter exists as a much worse prison than the government can construct.”

Note to editors

Chelsea Manning is represented by Moira Meltzer-Cohen, appellate attorney Vincent Ward, and local counsel Chris Leibig and Sandra Freeman.

Past Developments

1.  April 1, 2019 – Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

2. March 29, 2019 – Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

3. March 23, 2019 – Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

4. March 8, 2019 – Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

5. March 6, 2019 – Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

6. March 5, 2019 – Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

7. April 22, 2019 – Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention https://www.sparrowmedia.net/2019/04/chelsea-manning-and-her-attorneys-respond-to-4th-circuit-court-of-appeals-ruling-affirming-contempt-and-continuing-her-detention/

Neither decision included any legal reasoning or explanation for the Court’s conclusions.

Ms. Manning is now contemplating other post-contempt remedies including an appeal to the whole panel of Fourth Circuit judges (called an “En Banc” panel) or to the Supreme Court.

“While disappointing, we can still raise issues as the government continues to abuse the grand jury process. I don’t have anything to contribute to this, or any other grand jury. While I miss home, they can continue to hold me in jail, with all the harmful consequences that brings. I will not give up. Thank you all so very much for your love and solidarity through letters and contributions.”

Moira Meltzer-Cohen, of Ms. Manning’s legal team, explained why Chelsea’s subpoena and confinement should be considered grand jury abuse:

“We are of course disappointed that the Circuit declined to follow clearly established law, or consider the ample evidence of grand jury abuse. 

“It is improper for a prosecutor to use the grand jury to prepare for trial. As pointed out in Ms. Manning’s motions and appeals, since her testimony is not necessary to the grand jury’s investigation, the likely purpose for her subpoena is to help the prosecutor preview and undermine her potential testimony as a defense witness for a pending trial. 

“We believed that the Appeals court would consider this, as it is strong evidence of an abuse of grand jury power that should excuse her testimony.”

In February, 2019, Chelsea Manning was subpoenaed to give testimony before a grand jury sitting in the Eastern District of Virginia. On March 5, she moved District Court Judge Claude Hilton to quash the subpoena on a number of legal grounds, but her motions were denied.

After refusing to answer questions before the grand jury, Chelsea was found in civil contempt of court and conveyed to the Alexandria Detention Center on March 8. She has remained in confinement since that time, enduring medical hardships and prolonged isolation.

During her confinement she appealed Judge Hilton’s finding of contempt, asserting legal justifications for her refusal to cooperate with the grand jury. Today’s rulings conclude the first phase of appeals.

Note to editors

Chelsea Manning is represented by Moira Meltzer-Cohen, appellate attorney Vincent Ward, and local counsel Chris Leibig and Sandra Freeman.

Past developments

1.  April 1, 2019 – Chelsea Manning’s Lawyers Ask Court to Release Her, Pending Appeal, Citing Abuse of District Court Discretion https://www.sparrowmedia.net/2019/04/chelsea-mannings-lawyers-ask-fourth-circuit-to-release-her-pending-appeal/

2. March 29, 2019 – Lawyers for Chelsea Manning Ask Fourth Circuit Court of Appeals to Void Charges of Civil Contempt https://www.sparrowmedia.net/2019/03/chelsea-manning-grand-jury-appeal/

3. March 23, 2019 – Lawyers and Supporters Condemn Chelsea Manning’s Ongoing Detention Under Solitary Confinement Conditions https://www.sparrowmedia.net/2019/03/lawyers-and-supporters-condemn-chelsea-mannings-ongoing-detention-under-solitary-confinement-conditions/

4. March 8, 2019 – Chelsea Manning’s Support Committee: Manning’s Detention for Refusal to Provide Grand Jury Testimony is Pointless, Punitive, and Cruel http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-mannings-support-committee-mannings-detention-for-refusal-to-provide-grand-jury-testimony-is-pointless-punitive-and-cruel

5. March 6, 2019 – Statement from Chelsea Manning Regarding Grand Jury and Consequences Associated with Her Refusal https://www.sparrowmedia.net/2019/03/statement-from-chelsea-manning-regarding-grand-jury-and-consequences-associated-with-her-refusal/

6. March 5, 2019 – Chelsea Manning Continues to Challenge Grand Jury Subpoena, Motion to Quash Denied, Remains Under Seal http://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

“The indictment against Julian Assange unsealed today was obtained a year to the day before Chelsea appeared before the grand jury and refused to give testimony. The fact that this indictment has existed for over a year underscores what Chelsea’s legal team and Chelsea herself have been saying since she was first issued a subpoena to appear in front of a Federal Grand Jury in the Eastern District of Virginia — that compelling Chelsea to testify would have been duplicative of evidence already in the possession of the grand jury, and was not needed in order for US Attorneys to obtain an indictment of Mr. Assange.  Grand Juries may not be used for the sole and dominant purpose of preparing for trial, including questioning potential trial witnesses. Since her testimony can no longer contribute to a grand jury investigation, Chelsea’s ongoing detention can no longer be seriously alleged to constitute an attempt to coerce her testimony. As continued detention would be purely punitive, we demand Chelsea be released.”