Tag Archives: Chelsea Resists

Statement from Chelsea Manning’s Lawyers Regarding Chelsea Being Remanded Into Custody

Statement from Chelsea Manning’s Lawyers Regarding Chelsea Being Remanded Into Custody

Alexandria, VA — Today, Chelsea Manning was remanded into federal custody, again, for refusing to testify before a federal Grand Jury.  

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 Juryhttps://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 Detentionhttps://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 Discretionhttps://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 Contempthttps://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 Conditionshttps://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 Cruelhttp://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 Refusalhttps://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 Sealhttp://www.balestramedia.com/chelsea-press-releases/2019/3/8/chelsea-manning-continues-to-challenge-grand-jury-subpoena-motion-to-quash-denied-remains-under-seal

Statement from Chelsea Manning’s Legal Team Regarding Today’s Grand Jury Hearing

Statement from Chelsea Manning’s Legal Team Regarding Today’s Grand Jury Hearing

Alexandria, VA — Today, Chelsea and her team will argue a Motion to Quash the subpoena compelling Chelsea to appear today for a second time to give testimony before a grand jury sitting in the Eastern District of Virginia.

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

3.  May 9, 2019Statements 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, 2019Chelsea 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, 2019Chelsea 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, 2019Chelsea 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, 2019Lawyers 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, 2019Lawyers 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, 2019Chelsea 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, 2019Statement 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, 2019Chelsea 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

Chelsea Manning Released from Alexandria Detention Center After Grand Jury Lapses

Chelsea Manning Released from Alexandria Detention Center After Grand Jury Lapses

Alexandria, VA — Earlier today Chelsea Manning was released from the William G. Truesdale Adult Detention Center in Alexandria, VA.  Chelsea’s release follows the expiration of the term of the EDVA Grand Jury that previously demanded her testimony. Chelsea was in jail for 62 days, after she was found in contempt of court for her refusal to give testimony.  The following is a statement from Chelsea’s legal team:

“Today marked the expiration of the term of the grand jury, and so, after 62 days of confinement, Chelsea was released from the Alexandria Detention Center earlier today.

“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, 2019Chelsea 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, 2019Chelsea 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, 2019Chelsea 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, 2019Lawyers 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, 2019Lawyers 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, 2019Chelsea 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, 2019Statement 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, 2019Chelsea 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

Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury

Chelsea Manning and her Attorneys File Motion Declaring She will Never Cooperate with Grand Jury


Alexandria, VA — Today, attorney Moira Meltzer-Cohen filed a Motion for Chelsea Manning to be released on the basis that, as she will never be convinced to cooperate with the grand jury, further confinement serves no lawful purpose and must be terminated.

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, 2019Chelsea 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, 2019Lawyers 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, 2019Lawyers 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, 2019Chelsea 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, 2019Statement 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, 2019Chelsea 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, 2019Chelsea 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/


Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention

Chelsea Manning and Her Attorneys Respond to 4th Circuit Court of Appeals Ruling Affirming Contempt and Continuing Her Detention

Alexandria, VA — This morning, the 4th Circuit Court of Appeals affirmed the District Court’s finding of contempt and denied Chelsea Manning’s motion for release on bail.

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