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Old 12-21-2011, 12:39 PM   #1800
AtLast
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Quote:
Originally Posted by Kobi View Post
http://openchannel.msnbc.msn.com/_ne...er-alarms-some
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I keep mulling this over but I dont understand the strategy or the reason for it.

Are they saying the court martial strategy is different from the criminal strategy?

Are they trying to say his possible "gender identity order" is a mitigating factor? Or extenuating circumstances? When they say his "alter ego", it makes me think multiple personality defense. Are they using an insanity defense and trying to develop a rationale for it? Would "gender disorder" be a favorable thing in a court martial i.e. medical grounds for dismissal rather than criminal?

It sounds like Manning himself brought this to peoples attention - "The defense stated Saturday that Manning, 24, had written to one of his supervisors when he was stationed in Iraq before his arrest and said he had concluded he was suffering from gender identity disorder, which is classified as a medical disorder in the International Statistical Classification of Diseases and Related Health Problems. He included a photo of himself dressed as a woman in the letter and said the issue was affecting his ability to do his job or think clearly."

Is the defense between a rock and a hard place as a result of this disclosure i.e. do they have no option but the address it as best they can in a framework that might benefit their client?

This is about as odd as the Sandusky legal approach.

Have law schools developed new defense strategies based on the Kobayashi Maru principles?

Seriously, am I missing something here or is there something missing in the story?

I find this quite confusing as well. I can see why LGBTIQ lawyers have concerns, however, based upon assignment of criminal action stemming from GID. That is worrisome.
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