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View Diary: Manning can apply at the Pardon Office like everyone else, AFTER he's released (183 comments)

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  •  Generally agreed, but you should change to she (5+ / 0-)
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    antimony, Wee Mama, Kevskos, Onomastic, Dianna

    Since Manning has, as of today, announced a gender and name change, you should now use she/her, and her new name, Chelsea.

    On the content of your post, you are right. Yesterday when reading through the "pardon now!" posts, I got curious if the President can even pardon a military conviction, so I looked it up. Turns out he can, but I also learned about the process, how it works, and the time frames involved, and realized that it was a ridiculous (or totally uninformed) demand.

    The automatic appeal hasn't even happened yet, and one cannot even apply for a pardon until all legal avenues for appeal are exhausted, at the least. And yes, a format request for pardon first has to be filed. The president doesn't just announce he's pardoning someone who was just convicted that morning, no matter who it is, or what they did or didn't do.  

    One article quoted Manning's defense attorney as saying that Manning would be eligible for a pardon in 7 years. The same article also quoted the defense lawyer as saying he expects President Obama to pardon Manning, so I'm not sure if he thinks Obama will still be president in 7 years or what... but anyway, the point is even the defense attorney is not suggesting a pardon could happen immediately.

    People can apply to have sentences commuted, it does not have to be after they have served their time and are released (that's what Bush did for Libby), but that it unusual, it does appear that the vast majority of presidential pardons are granted long after doing their time. If you look at the few pardons President Obama has granted, most are for crimes committed decades ago.

    The demands for an Instant Pardon are not even remotely in the realm of reality. I just see it as raw emotion.  

    •  Parole, not pardon (4+ / 0-)

      I believe the attorney meant (or should have been quoted as saying that) Manning is eligible for parole in 7 or 8 years.  

      •  Well it said parole in 9 years, but eligible for (0+ / 0-)

        pardon in 7. It may have been incorrect in the quote, that is possible, since in my reading on the process I didn't find any particular number of years had to go by. I wasn't clear where he came up with the 7 year figure. It could have been a misquote, certainly.

      •  Here's the quote (1+ / 0-)
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        Manning's lawyer David Coombs said on the program that he expected Manning to get a pardon from President Barack Obama.

        Manning, a former junior intelligence analyst, was sentenced on Wednesday for turning over more than 700,000 classified files, battlefield videos and diplomatic cables to WikiLeaks in the biggest breach of secret data in the nation's history.

        Manning is expected to serve the sentence at the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas. Coombs has said the soldier could be pardoned in seven years.

        •  Reuters' version: (1+ / 0-)
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          Manning's lawyer David Coombs said on the TV program he expected his client to get a pardon from U.S. President Barack Obama. Manning, who was convicted last month at Fort Meade, Maryland, on 20 charges, including espionage and theft, could be eligible for parole in seven years.
          •  Jerusalem Post (2+ / 0-)
            Recommended by:
            CS in AZ, Onomastic

            with a story attributed to Reuters, uses the "pardon in 7 years" language.   I'm guessing that Reuters originally reported that way, then later corrected to "parole".

            •  Makes much more sense. (2+ / 0-)
              Recommended by:
              Kevskos, 4kedtongue

              Anyway, the idea that Obama could pardon him in seven years is, well, manifestly unconstitutional -- no doubt another case of a reporter's writing too hastily.

              Dogs from the street can have all the desirable qualities that one could want from pet dogs. Most adopted stray dogs are usually humble and exceptionally faithful to their owners as if they are grateful for this kindness. -- H.M. Bhumibol Adulyadej

              by corvo on Thu Aug 22, 2013 at 02:41:28 PM PDT

              [ Parent ]

          •  it looks like the article misquoted him (0+ / 0-)

            probably, although the Reuters version here doesn't actually quote the lawyer as saying the part about parole in 7 years, it just lists that as a fact following his quote about expecting Obama to grant a pardon. So he may have actually said it wrong on the show and been accurately quoted in the original article, but it does appear it was either a misquote, or he misspoke and meant to say parole.

            I was just looking for more details on this, and now some articles appear to have been corrected or say "after some initial confusion, ... " so I assume it was an error one way or another, which makes more sense. I thought it was a weird thing for the defense lawyer to say.

            I also found several articles from today saying that Manning is now planning to file a formal request for a pardon next week. So apparently they do not think they need to finish the appeal process or wait for anything. However it is beyond unlikely it will be granted anytime soon. As BBB says, thousands of other people are still waiting for their requests to be reviewed, for many years.

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