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Can Donald Trump Rescind Chelsea Manning's Clemency?
U.S. News & World Report ^ | Jan. 27, 2017 | Steven Nelson

Posted on 01/27/2017 8:30:14 AM PST by deplorableindc

President Donald Trump on Thursday denounced his predecessor’s decision to shorten the prison sentence of WikiLeaks source Chelsea Manning. But he’s almost certainly unable to rescind the act of clemency that will see Manning released in May.

Pardons have been rescinded before and commutations have been modified, but experts appear to lean unanimously in Manning's favor, even though they are divided on the finer points of clemency-revocation powers.

"I can think of examples of where conditions were changed, but they're always toward leniency," professor and clemency expert P.S. Ruckman says about historical commutation changes.

(Excerpt) Read more at usnews.com ...


TOPICS: Crime/Corruption; Government
KEYWORDS: chelseamanning; wikileaks
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To: deplorableindc

No, but there another very interesting way Trump / Army can punish him/her.

The espionage matter is closed. and the commutation is fixed.

However, if Army wanted to really wanted to screw around with both Manning and Obama’s legacy, there is a way.

As an example, no one in law thinks O. J. Simpson got 33 years as a first time offender in a relatively small time Las Vegas robbery where no one was shot, etc.

He got 33 years because everyone in the justice system knew he walked on the Nicole Brown and Ron Goldman killings. Karma can be a bitch.

In this case, Manning’s two suicide attempts are both violations of Article 134 of the UCMJ which covers, “all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.”

In other words, if a Board of 7 Army officers believes Manning’s suicide attempts were prejudicial to the good order of the Armed Forces or brought discredit to the Armed Forces, he goes to Leavenworth for as long as that Board decides!

The libs would scream, but especially if testimony was introduced that one or both of the supposed suicide attempts were solely to attract attention and sympathy, then Army would be on firm legal ground.... and would “screw Obama” in the process.


21 posted on 01/27/2017 8:49:25 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: Strac6

Nice post!


22 posted on 01/27/2017 8:51:11 AM PST by Professional
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To: deplorableindc

It would be hilarious if Manning, upon release, drops the whole “transgender” bit and changes his name back to Bradley - declaring it all a get-out-of-jail scheme that exploited liberal bias toward approved victim groups.


23 posted on 01/27/2017 8:54:42 AM PST by Dagnabitt (Trump - Because countries without Islamic immigration are countries without Islamic terrorism.)
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To: Gaffer

Simple: He was charged as Bradley Manning. Charge Chelsea with a different crime (or charge her as an accessory to Bradley’s crime).

You get the idea.


24 posted on 01/27/2017 8:59:52 AM PST by jimjohn (This battle is over, but the war to rebuild the America has just begun.)
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To: Reno89519

“It is Bradley Manning. Both IT and BRADLEY.”

You do bring up a good point.... if Obama commuted CHELSEA Manning’s sentence, then Trump can just say “well, we’ve got no records of a Chelsea Manning, only a Brad Manning, guess we have to keep him locked up.”


25 posted on 01/27/2017 9:00:18 AM PST by Boogieman
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To: deplorableindc

No. More to the point it is not something we would want done. Once that gets started it will never stop. We over turn their they over turn ours and on and on.


26 posted on 01/27/2017 9:01:20 AM PST by 48th SPS Crusader (I am an American. Not a Republican or a Democrat)
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To: castlegreyskull; deplorableindc

Manning has been found guilty by court-martial, was reduced to private and all military benefits were forfited by the conviction. Court also declared that he would be dishonorably discharged from the Army after serving his sentence. bh0’s commutation did NOT cancel the conviction or dishonorable discharge. Manning will NOT receive any veteran’s benefits, monetary or medical, when he is released in a few months.


27 posted on 01/27/2017 9:06:22 AM PST by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: ptsal

Indeed. Manning is in my Dead Pool for 2017. Along with Stan Lee and Diane Feinstein. . .


28 posted on 01/27/2017 9:06:51 AM PST by Salgak (You're in Strange Hands with Tom Stranger. . . .)
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To: deplorableindc
I'm not a lawyer but I'd doubt it.But Brad will come to a bad end...and I'm not talking 50 years from now.
29 posted on 01/27/2017 9:12:07 AM PST by Gay State Conservative (Deplorables' Lives Matter)
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To: castlegreyskull
He can probably stop his surgery.

Not if he comes to Massachusetts. RomneyCare covers perverts for all sorts of barbaric medical/surgical procedures.

30 posted on 01/27/2017 9:13:53 AM PST by Gay State Conservative (Deplorables' Lives Matter)
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To: deplorableindc

Trump can certainly release him today, prior to his surgery.
just cut his sorry butt loose, on the street. Cold turkey.


31 posted on 01/27/2017 9:33:42 AM PST by Palio di Siena
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To: GreyFriar

Astute observation. With a dishonorable discharge, limited skills and education, no resources, and no longer being of any value to his former supporters, this individual is facing a bleak future. I am not sure Obama did him any favors.


32 posted on 01/27/2017 10:04:21 AM PST by etcb
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To: etcb

One might say that Obama gave manning an gold painted iron shaft.


33 posted on 01/27/2017 10:08:25 AM PST by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: anton

He isnt officially discharged until he leaves prison. At which time it will receive a dishonorable discharge. Currently he it is a pv0 with no pay.


34 posted on 01/27/2017 10:09:29 AM PST by aft_lizard
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To: aft_lizard

I would doubt he has a right to a discharge. Perhaps they should send him back to Afghanistan. When he refuses, hang him as the traitor he is.


35 posted on 01/27/2017 10:27:35 AM PST by anton
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To: GreyFriar

He should be in Fort Leavenworth waiting for his execution by firing squad.


36 posted on 01/27/2017 10:29:59 AM PST by castlegreyskull
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To: deplorableindc

Zero and Manning’s parents were pretty chummy there, for a while. Perhaps a look at the Manning’s checkbook would reveal a reason for that, and his generous pardon?


37 posted on 01/27/2017 10:43:09 AM PST by Fireone (It's Spring in America!)
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To: Captain Peter Blood

Doesn’t he have some parole or probation officer to report to or other conditions of his release??


38 posted on 01/27/2017 11:09:17 AM PST by RonnG
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To: RonnG

Not sure on that.


39 posted on 01/27/2017 12:01:16 PM PST by Captain Peter Blood
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To: Professional

Thank you. I always thought law school and a sneaky conniving could be a good combination when out to the right uses....


40 posted on 01/27/2017 1:24:00 PM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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