On Wednesday morning, Donald Trump announced that āthe United States government will not accept or allow transgender individuals to serve in any capacity in the U.S. military.ā This decision is the latest in a string of transgender rights rollbacks Trump has initiated since reversing Barack ObamaāsĀ directive protectingĀ trans students in February.
As with all things involving this administration, Trumpās decision is ludicrous, impractical and unsupported by data; he cites the ātremendous medical costs and disruptionā trans servicemembers impose on the military, two thoroughly debunked right-wing talking points. A recentĀ Rand Corporation study found that āin the most extreme scenario,ā trans health care costs for active-duty service members might make up $8.4 million out of over $6 billion in overall health care costs, around one-tenth of one percent (and 10 times less than it spends on erectile dysfunction prescriptions like Viagra). The same report also projected a āminimal impact on unit cohesionā based on existing data from foreign militaries.
Presumably, Trumpās directive would involve general discharge ofĀ thousands of trans service members, both on active duty and in the reserves, in order to avoid paying for any of their medical costs. Itās unclear how Trump would handle, say, a veteran who began transitioning after receiving an honorable discharge, most likely because he has not thought about the consequences of his actions. (The National Center for Transgender EqualityĀ estimates that there are 134,000 transgender veterans, the vast majority of whom came out after their service.) As always, Trumpās motivations are murky, but he is no stranger to engaging in wanton cruelty for cheap political gain, regardless of what is true or just.
Trumpās decree leavesĀ thousands of transgender servicemembers wondering if they will lose their jobs and health care in one sweeping blow. And in the middle of it all standsĀ Chelsea Manning, the former intelligence operative whose imprisonment catapulted trans military issues into the spotlight, who Trump called an āungrateful traitorā for leaking information, and who is no stranger to punishment without justification.
Itās safe to assume that nobody enjoyed the New York City Pride parade more this year than Manning. Barely a month after her release from prison, the controversial leaker appeared with the ACLU contingentĀ waving a transgender flagĀ from the back of a convertible, its gleaming red paint only slightly dimmer than her smile.
That grin came with good reason; freed after seven years of abuse in a menās prison, Manning is by all accounts relishing her new life as a free woman and transgender icon. But though the worst is over for Manning, old ghosts still linger. An internal Department of Defense task force reportĀ published by Buzzfeed News earlier that week, which was cited as evidence at Manningās trial but not given to the defense, notes that 26 U.S. military and intelligence agencies saw no direct āstrategic impactā on American soldiersā safety as a result of her leaks.
But though that knowledge may ease Manningās conscience somewhat, it starkly contrasts with the political rhetoric surrounding Manningās unprecedented 35-year sentence. Though it was eventually commuted, the DoD report casts the justice of Manningās conviction into greater doubt than ever before, raising the possibility thatĀ current and future leakers will be sentenced not based on the gravity of their offenses, but on how badly officials wish to see them punished.
The heavily redacted report identifies two major areas of concern: ālives of… foreign interlocutors are at increased riskā (to date, no related civilian casualties have been reported) and āpersonally identifiable information (PII) concerning 23 U.S. military personnelā was published. (It also references the āpotentialā for damage to intelligence gathering in Afghanistan.) Strikingly, the report also expresses āhigh confidenceā that the Iraq War Logs would āhave no direct personal impact on current and former senior U.S. leadershipā in the area.
Members of the intelligence community are quick to stress that this doesnāt mean Manningās leaks were harmless. Speaking anonymously to AlterNet, a former U.S. intelligence operative said that although nobody was hurt and Manningās intentions were ānoble,ā āI would argue thatās more a function of luck than planning.ā
āSecond and third order effects on a battlefield are really hard to control once information leaks out,ā she continued. āThose types of issues are also hard to quantify in a casualty estimate.ā
Still, itās difficult to square the nebulous, potentially nonexistent personal harm caused by Manningās leaks with the venomous accusations directed at her by military officials and politicians. Unable to directly link the leaks to any military or civilian casualties, prosecutors at Manningās trial nevertheless argued for a 60-year sentence as aĀ deterrent and sought convictions on capital offenses like aiding the enemy,Ā provocatively characterizing Manning as “evil.”
It was a statement consistent with U.S. policy to that point. Then-chairman of the Joint Chiefs of Staff Mike MullenĀ said in 2010 that Manning āmight already have on [her] hands the blood of some young soldier or that of an Afghan family.ā (In previous years, Mullen was responsible forĀ banning masksĀ for Iraqi interpreters, over 1,000 of whom areĀ believedĀ to have been assassinated since 2003.) And although then-Secretary of State Hillary ClintonĀ privately reassured diplomats that the leaks posed no danger, she publicly lambasted Manning for āthreaten[ing] our national securityā and āsabotaging the peace.ā
Manningās story is riddled with contradictions like these, especially regarding her imprisonment. She was held in solitary confinement for 11 months before her trial even began. While authorities would later claim this was standard protective custody (President ObamaĀ assured fundraiser attendees in March 2011 that āthe procedures that have been taken in terms of [her] confinement are appropriate and are meeting our basic standards… some of this has to do with Private Manningās safety as wellā), U.N. special rapporteur on torture Juan Mendez laterĀ declared that her treatment āconstitutes at a minimum cruel, inhuman and degrading treatment in violation of article 16 of the convention against torture. If the effects in regards to pain and suffering inflicted on Manning were more severe, they could constitute torture.”
In fact, the effects were more severe than almost anyone knewāexcept Manningās military captors. Her diagnosis of gender dysphoria inĀ May 2010, before her arrest, remained a secret to the public butĀ was known to herĀ commanding officers, a major factor in her de facto solitary confinement. Manning would later write in anĀ open letter to President Obama that āI repeatedly asked for help for my gender dysphoria. […] Instead, I believe they used my diagnosis as a weapon against me. I feel that they used it as a tool to justify their harsh treatment.ā
That treatment wasnāt limited to those months in solitary; throughout her term, Manning was the victim of what appeared to be targeted harassment at the hands of prison guards and officials, often connected to her transgender status. Being kept in a male prison and forced to wear her hair short was bad enough (her requests for a transfer to a womenās prison were never granted). And although she was eventually allowed female-issue undergarments and cosmetics, her request for hormone replacement therapy was not granted until 2015. Later that year, she wasĀ penalized for possessing āprohibited property,ā primarily trans-related reading material and expired toothpaste, for which she was threatened with indefinite solitary confinement and received three weeks of restricted privileges. Her next time in solitary would come asĀ punishmentĀ for a suicide attempt in July 2016āher first of two, which her lawyers have said were directly related to the governmentās reluctance to treat the dysphoria sheād been living with for years.
Manningās accusations that the military weaponized her transness against her arenāt just speculation, and they arenāt unique, either. Transgender people in the military only received permission to serve openly last year, and still face incredible prejudice. While attitudes toward trans people are undergoing aĀ gradual positive shift among younger soldiers, older people are more likely to hold firmly negative views, and that includes commanding officers.
One respondent to theĀ 2015 U.S. Transgender Survey said that ā[a] year after returning from deployment, I was kept in under penal conditions. I was demoted from a sergeant to a private, the lowest rank in the army.ā Another wrote that ā[w]hen I sought assistance from the Equal Opportunity Office [regarding harassment], I was told that they were unable to help because transgender individuals are not protected against harassment in the military.ā AlterNetās intelligence source, herself a trans woman, confides that she experienced ālevelsā of transphobia while transitioning at work, citing retaliation concerns as her primary reason for remaining anonymous.
These attitudes can have devastating physical consequences. In her 2016 bookĀ Sexual Assault in the U.S. Military, Rosemarie Skaine writes: āOf the 26 percent of transgendered [sic] veterans who have been physically assaulted, 64 percent attempted suicide, and 16 percent have been raped.ā Skaine specifically notes that discriminatory attitudes against transgender people can be āthe basis for sexual assault.ā In other words, assault and rape can be inspired (and excused) by feelings that the victim ādeserved it.ā And while Chelsea Manning wasnāt imprisoned for being transgender (though itās anyoneās guess whether inaccurately presentedĀ evidence about her dysphoria prejudiced the court), itās now impossible to deny that the U.S. government exaggerated her crimes in order to make an example of her and prove she ādeservedā human rights-violating punishments.
For her part, Manning is in the clear, free to heal and rediscover herself at last. But what does this mean for future intelligence leakers, regardless of gender? Itās tough to say. AlterNetās anonymous source says that although she believes Manningās sentence was an āoutlierāāand an āunfair and outrageousā one at thatāāI canāt qualify that because there arenāt a whole lot of similar cases to compare to.ā Given Trumpās vendetta against leakers, itās not far-fetched to imagine his administration pressuring military judges to impose similar sentences on future leakers.
But Manningās case sets another precedent whereby even Democratic politicians will condone or endorse violations of human and/or civil rights, while still maintaining their liberal credibility (while many GOP pols, like Pennsylvania congressman Tim Murphy, are hostile to the point ofĀ bigotry). Gary Peters (D-MI)āwhose websiteĀ lists āFighting for Civil Rightsā as his number-two issue, andĀ touts his work for LGBT rights in particularātold The Hill that āI was disappointed [by the commutation]ā even though āI certainly havenāt read all the details about it.ā Mark Warner (D-VA)Ā opined that the commutation sent āthe wrong signal.ā Warnerās position as Vice Chairman of the Select Committee on Intelligence has thrust him into the spotlight in the ongoing Trump investigations, making him a key figure in the Democratic opposition.
Warnerās colleague on the committee, Joe Manchin (D-W.VA), took the rhetoric even further. Making the morning show rounds in January, Manchin called the decision āabsolutely dead wrong,āĀ stating āthe intelligence community, I trust them, I believe in them, and they’re giving us good information⦠I’m not giving a green light to anyone who wants to do harm to this country.” (None of the senators replied to AlterNetās request for comment.) These comments, especially Manchinās, are deeply troubling, as they display a willingness to ignore facts similar to most current White House spokespeopleāthe same intelligence community Manchin claims to trust produced the DoD report in the first place.
Chelsea Manning now must bear the physical and mental trauma of her ordeal. Since sheās still technically on active duty, she receives medical care for her transition and assorted other needs, like the dental damage she sustained in solitary confinement. If Trump issues her a general discharge, how will she pay her medical costs? Will he justify it because sheās one of his despised leakers? Will the Democrats offer any meaningful resistance to her further persecution, or to the ruination of many thousands of lives?
Manningās sad story sets less of a legal precedent than a moral and political one. Even politicians who claim to defend the marginalized and seek justice above all will condone the indefensible if it fits their agenda. Despite these revelations, the door is still wide open for another miscarriage of justice like Manningās, whether motivated by leaks, gender identity or both. Trumpās callous and unnecessary ban is simply a message, saying heās glad that door is still open, and that he intends to make sure it never closes.
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