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To observe Chelsea Manning’s actions over the last months is to know that she will not be coerced. She could have avoided her current incarceration at Alexandria Detention Center in Virginia, where she has been held for nearly a year. She could have freed herself at any point. She could have avoided accruing fines of $230,000 and counting. She could still avoid further days in jail and further crippling debts to the government. All she would have to do — all she ever had to do — is testify in front of the federal grand jury currently investigating WikiLeaks. Manning’s actions over the last months is to know that she will not be coerced. She could have avoided her current incarceration at Alexandria Detention Center in Virginia, where she has been held for nearly a year. She could have freed herself at any point. She could have avoided accruing fines of $230,000 and counting. She could still avoid further days in jail and further crippling debts to the government. All she would have to do — all she ever had to do — is testify in front of the federal grand jury currently investigating WikiLeaks. What has long been clear — no amount of jail time will coerce Manning into speaking — is now, surely, undeniable. The sole purpose of Manning’s detention has been to coerce her to testify, and it has failed. On Wednesday, Manning’s legal team filed what’s known as a Grumbles motion in court, asserting that Manning has proven herself incoercible and so must, according to legal statute, be released from her incarceration.

“Should Judge Trenga agree that Chelsea will never agree to testify, he will be compelled by the law to order her release.”

It is a grim peculiarity of American law that a person who refuses to cooperate with a grand jury subpoena may be held in contempt of court and fined or imprisoned with the express purpose of coercing testimony, but when the coercive condition is absent, such incarceration becomes illegal. Wednesday’s motion directs Judge Anthony Trenga, who is presiding over the grand jury and Manning’s imprisonment, to accordingly recognize the illegality in this case. “The key issue before Judge Trenga is whether continued incarceration could persuade Chelsea to testify,” said Manning’s attorney, Moira Meltzer-Cohen, on filing the Grumbles motion. “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 Judge Trenga agree that Chelsea will never agree to testify, he will be compelled by the law to order her release.”

If the motion is successful, Manning will be freed for the very reason she has been caged: her silence. The judge can decide to recognize that Manning won’t speak as a consequence of more time in jail — or because she will continue to face unprecedented $1,000-per-day fines. Any other conclusion, after her months of steadfast and principled grand jury resistance, would fly in the face of all reason. The whistleblower’s actions and words make it plain. “I have been separated from my loved ones, deprived of sunlight, and could not even attend my mother’s funeral,” Manning said in a statement Wednesday. “It is easier to endure these hardships now than to cooperate to win back some comfort, and live the rest of my life knowing that I acted out of self-interest and not principle.” Federal grand juries have long been used to investigate and intimidate activist communities — from the late 19th century labor movements, to the Puerto Rican Independence Movement and black liberationists of the last century, to the more recent persecutions of environmentalists, anarchists, and Indigenous rights fighters. Manning has consistently shown her refusal to cooperate with any such process, and again asserted in her latest statement that grand juries are “used by federal prosecutors to harass and disrupt political opponents and activists through secrecy, coercion, and jailing without trial.”

The Grumbles motion filed on Wednesday contains a letter from the United Nations Special Rapporteur on Torture Nils Melzer, written late last year accusing the United States of submitting Manning to treatment that is tantamount to torture. As I wrote after the letter was first released, Melzer not only criticized the torturous practice of coercive imprisonment and harsh fines, but noted that Manning’s “categorical and persistent refusal to give testimony demonstrates the lack of their coercive effect.” The motion also includes a personality assessment carried out by Dr. Sara Boyd, a clinical and forensic psychologist from the University of Virginia, which suggests that Manning is constitutionally incapable of acting against her conscience. “Manning exhibits long standing personality features that relate to her scrupulousness, her persistence and dedication, and her willingness to endure social disapproval as well as formal punishments,” Boyd wrote.