What should we make of the fact that Bradley Manning has become Chelsea, that Glenn Greenwald is gay, that David Miranda loves a man enough to submit to the harassment incurred by his partner’s work, that Greenwald’s detractors sought to tarnish him by association with—of all things—a porn company? Possibly nothing generalisable, except that gender is doing work here.
There has been no shortage of voices denying a straightforward connection between sexual orientation, gender identity, and patriotism. (Part of the reason I feel compelled to write about this is that there isn’t one.) San Francisco Pride Board notoriously repudiated Manning’s election as a Grand Marshall in the 2013 Pride in that city, declaring: ‘even the hint of support for actions which placed in harms [sic] way the lives of our men and women in uniform—and countless others, military and civilian alike—will not be tolerated by the leadership of San Francisco Pride.’ That statement has not been retracted, notwithstanding its now patent inaccuracy in light of the prosecution’s inability to cite any evidence that Manning’s leaks led to any deaths and the court’s decision finding her not guilty of the charge of ‘aiding the enemy’. Kristin (formerly Chris) Beck, ex-US Navy Seal who recently announced her gender transition, has been harsher in her condemnation of Manning: ‘For this person, whether male or female to use gender identity to act “BADLY” is a slap in the face to me and everyone who does not fit the “Binary Gender Norm.” It is not an excuse for anything illegal or unjust.’ Pablo K is right to point out the dangers of the temptation, for those who see a link between sex/gender and truth-telling, to make the reverse move—’to relegate Beck to a minority report, and so to re-inscribe the hierarchy of authenticity, this time with Manning as the actual face of resistance, and Beck the mere puppet of militarism’—while pointing out, also, that the gap between these contrasting appropriations is constitutive of the space of contemporary politics. So let’s talk politics.
The following is a piece written as part of an interview I did at City University on the political and ethical significance of the Bradley Manning trial currently ongoing (links to potentially embarrassing video to follow).
I think that the most important thing that the Bradley Manning trial shows us is the gap that opens up between our legal institutions and our sense of right and wrong, between the law and morality. Many people around the world are shocked by Manning’s imprisonment. People are shocked partly because he has been held under conditions that the UN said violated his human rights, but also because Manning is being tried for exposing the actions of US soldiers and diplomats, including evidence of many potential and confirmed human rights violations. Manning’s supporters are incredulous and view the proceedings now taking place at Fort Meade as illegitimate.
I understand this incredulity and on a level I share it. What I want to suggest, however, is that what we are seeing in the trial of this young man is even more troubling than the corruption of the law by politics – it reveals that the law is always suffused with politics. The law is a technical code. Yes, it is also a normative system that is supposed to determine right and wrong, guilt and innocence. But it is vital that we do not forget that it is a technical code first and foremost, a code that political authorities use to justify their power. Therefore, those with the capacity to influence and manipulate the legal code will always be at an advantage, will always be able to shape that code not towards the pursuit of justice but towards their own interests. This is what Finnish legal scholar Martti Koskenniemi calls this the gap between apology and utopia. The law has its utopian moments and this is especially true of human rights law – for example, Manning supporters see him as a hero who has exposed the grievous crimes of the US government and its military, particularly in Iraq and Afghanistan. They appeal to human rights standards that are quintessential moral claims, but which sadly lack the force of political authority and so are not reliably protected. This is important, but the law also has its moment of apology, where it serves the interests of established authorities, of powerful actors like the US government.