01 March 2011
Confinement Conditions Persist
Despite a change in command at the Quantico Brig, PFC Manning remains in maximum custody and under prevention of injury watch. On January 19, 2011, the defense filed an Article 138 complaint with the Quantico base commander, Colonel Daniel Choike. The complaint alleges the brig commander, CWO4 James Averhart, abused his discretion by maintaining PFC Manning under the current confinement conditions. The government has yet to respond to the Article 138 complaint or give a justification for the ongoing nature of PFC Manning's conditions of confinement. Under Navy regulations, the command has 90 days to issue its response to the complaint. Once the government responds, the defense is given 7 days to file a rebuttal, if necessary, before the matter is ultimately forwarded to the Secretary of the Navy for final action.