I’m torn here. I’m sympathetic in some ways, 35 years is a long sentence, although she is eligible for parole in 8. On the other hand leaking military information in a time of war is very, very serious and could have unthinkable consequences. I would worry that a pardon might give the green light to future soldiers. All in all I’d have to come down against a Presidential pardon.
I would be very surprised if Obama did pardon Manning.
While many have this image that Obama is “evolved” in a number of sympathetic ways (and consequently “soft”), I also believe Obama considers the responsibilities of the Presidency to be paramount. In that equation, pardoning Manning would be a bridge too far.
Too early. I have a great deal of sypathy for Chelsea Manning, but I think that sometimes you have to take the penalty for doing the right thing. If the sentence is 8-to-35, then the time for a presidential pardon is just slightly before 8: served sentence, & forgiven.
I doubt she’ll be able to get her gender transition surgery between now & January 20th and I’m really afraid at what’s going to happen to her under the new administration. I say commute her sentence to time served and leave her with a dishonorable discharge on her record. She can start a new life in the UK.
I think Obama ought to commute her sentence but not pardon outright. That being said, I’ve wondered why you don’t see more presidents issuing a flurry of pardons in their last days in office like Bill Clinton did.
Yes, they do. That doesn’t change the fact that clandestinely selling secret information to our national enemies is not remotely the same thing as releasing secret information openly to the American public, in a manner that makes them also available to our national enemies. In much the same way that deliberately walking up to a person and shooting them in the head is not the same crime as firing a gun into the air, and accidentally killing someone when the bullet falls back to earth - even though both acts result in someone dying from a gunshot.
In other words, what relationship does her crime have to the use of a pronoun?
It seems to me that if you argue that the pronoun is not an accurate one, we can discuss that. But you seem to be suggesting that, but for her offense, you’d agree that she is a she and not a he. I don’t follow this reasoning.
On balance, I think I agree with the suggestion that at best Manning’s sentence should be commuted to the minimum possible. I can’t see how a pardon is warranted unless we are just going to decide that disseminating classified information is no longer a crime.
[Humphrey Appleby] Giving information to anyone is serious. [/HA]
She has served time. This is a matter of proportion. According to the New York Times, “While only a few leakers have been successfully prosecuted under the Espionage Act — the first such conviction came in 1985 — most of those convicted have received sentences of between about one year and three and a half years.” She got screwed on the plea deal–she pleaded guilty but got the maximum sentence.
I did not read her petition except for the excerpts quoted by the press. My take is that she is making the wrong argument. Instead of arguing on the basis of the justice served by the sentence, she is just saying how miserable she is. Not a compelling case.
Because some crimes are so morally egregious as to disqualify the criminal from being treated with respect.
I am not speaking to the general case of whether or not it is part of common decency to refer to someone with his or her preferred gender. Because in this case it is irrelevant. Suppose it is part of common decency - traitors are not entitled to common decency. Suppose it isn’t - traitors are still not entitled.
Plea deals do not constitute guarantees. You take your chances. And PFCs aren’t paid to judge what is or is not in the national security interest. At best you ask yourself whether your orders are lawful, and if not then be willing to have to defend not doing your job because of unlawful orders.
That said I’d sympatize with asking for commutation to a sentence more proportionate to others guilty of similar offenses, i.e. arguing selective rigor was applied to make an example; but not on the “chance at a life” argument. The “new chance at life” is not given to many a young citizen who screws up and is jailed for common crimes, nevermind this.
BTW, Manning was not charged or convicted for Treason, that I know of, but of espionage.