Presidential pardons

Why shouldn't the President pardon Chelsea Manning?
| Jan 18 2017 |
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The Presidential pardon for Bradley/Chelsea Manning has created a storm of controversy. From a political point of view, it’s a complicated case. Manning pleaded guilty and accepted full responsibility for his/her actions. The documents endangered American lives – so he/she is a traitor. But they also revealed abuses of prisoners, showed a helicopter gunship killing innocent civilians in Bagdad and gave information on Guantanamo detainees – so he/she is a whistleblower.
In prison Manning tried to transition to a woman. Only after years of legal battles and two suicide attempts did authorities permit it. So pardoning him/her is smart transgender politics. But his/her 35-year sentence was far more severe than other whistleblowers received – so there is a case for mercy.
The pardon sends two clear messages to the public. It trivialises the oath of secrecy and the importance of protecting national security. And it is a big fillip for the cause of transgenderism. Instead of languishing in prison as a traitor, Chelsea/Bradley will become a transgender celebrity.
But nearly all presidential pardons have been controversial and they always will be. The lucky recipients of a pardon are, by definition, criminals. Releasing them from jail always risks trivialising the offense.
Richard Nixon pardoned the notorious gangster Jimmy Hoffa and William Calley, who had been convicted of murdering 22 unarmed Vietnamese civilians in cold blood. And then Gerald Ford pardoned President Nixon – which was probably the most controversial pardon of all.
And Bill Clinton pardoned his own brother, who had been jailed for possession of cocaine – sending a terrific message about the war on drugs.
So, while it’s tempting to wag the finger at President Obama for being soft on espionage and military discipline and coddling transgenders, it’s all part of American politics. The only Presidents who took a hard line on crime and pardoned no one were William Henry Harrison and James Garfield, both of whom died soon after their inauguration. Under the Constitution, the President almost has to pardon someone. And that someone will always be controversial.

A Presidential commutation for Bradley/Chelsea Manning has created a storm of controversy. From a political point of view, it’s a complicated case. Manning pleaded guilty and accepted full responsibility for his/her actions. The documents endangered American lives – so he/she is a traitor. But they also revealed abuses of prisoners, showed a helicopter gunship killing innocent civilians in Bagdad and gave information on Guantanamo detainees – so he/she is a whistleblower.

In prison Manning tried to transition to a woman. Only after years of legal battles and two suicide attempts did authorities permit it. So pardoning him/her is smart transgender politics. But his/her 35-year sentence was far more severe than other whistleblowers received – so there is a case for mercy.

The shortened sentence sends two clear messages to the public. It trivialises the oath of secrecy and the importance of protecting national security. And it is a big fillip for the cause of transgenderism. Instead of languishing in prison as a traitor, Chelsea/Bradley will become a transgender celebrity.

But nearly all presidential pardons and commutations have been controversial and they always will be. The lucky recipients are, by definition, criminals. Releasing them from jail always risks trivialising the offence.

Richard Nixon pardoned the notorious gangster Jimmy Hoffa and William Calley, who had been convicted of murdering 22 unarmed Vietnamese civilians in cold blood. And then Gerald Ford pardoned President Nixon – which was probably the most controversial pardon of all.

And Bill Clinton pardoned his own brother, who had been jailed for possession of cocaine – sending a terrific message about the war on drugs.

So, while it’s tempting to wag the finger at President Obama for being soft on espionage and military discipline and coddling transgenders, it’s all part of American politics. The only Presidents who took a hard line on crime and pardoned no one were William Henry Harrison and James Garfield, both of whom died soon after their inauguration. Under the Constitution, the President almost has to pardon someone. And that someone will always be controversial.