His attorney now argues that the conditions of his detainment constitute punishment before trial.
Those conditions include being held in a 6-by-8-foot cell for 23 to 24 hours a day and being forbidden to lie down or use a wall to support his back while seated.
Manning’s civilian lawyer, David Coombs, alleges that the Army’s behavior constitutes a “flagrant violation” of the constitutional prohibition of cruel and unusual punishment.
If a judge agrees with Coombs, two things could happen: Either any sentence Manning receives could be reduced in proportion to the severity of his pretrial punishment or the 22 charges leveled against him could be dropped altogether.
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