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NY Times, Jan. 17 2017
Chelsea Manning to Be Released Early as Obama Commutes Sentence
By CHARLIE SAVAGE
WASHINGTON — President Obama on Tuesday commuted all but four months of
the remaining prison sentence of Chelsea Manning, the army intelligence
analyst convicted of a 2010 leak that revealed American military and
diplomatic activities across the world, disrupted his administration and
brought global prominence to WikiLeaks, the recipient of those disclosures.
The decision by Mr. Obama rescued Ms. Manning, who twice tried to kill
herself last year, from an uncertain future as a transgender woman
incarcerated at the men’s military prison at Fort Leavenworth, Kan. She
has been jailed for nearly seven years, and her 35-year sentence was by
far the longest punishment ever imposed in the United States for a leak
conviction.
At the same time that Mr. Obama commuted the sentence of Ms. Manning, a
low-ranking enlisted soldier at the time of her leaks, he also pardoned
Gen. James E. Cartwright, the former vice chairman of the Joint Chiefs
of Staff who pleaded guilty to lying about his conversations with
reporters to F.B.I. agents investigating a leak of classified
information about cyberattacks on Iran’s nuclear program.
The two acts of clemency amounted to a remarkable final step for a
president whose administration carried out an unprecedented criminal
crackdown on leaks of government secrets. Depending on how they are
counted, the Obama administration has prosecuted either nine or 10 such
cases, more than were charged under all previous presidencies combined.
In addition, Mr. Obama on Tuesday commuted the sentence of Oscar Lopez
Rivera, who was part of a Puerto Rican nationalist group that carried
out a string of bombings in the late 1970s and early 1980s; the other
members of that group had long since been freed. Mr. Obama also granted
63 other pardons and 207 other commutations — mostly of drug offenders.
Under the terms of Mr. Obama’s commutation announced by the White House
on Tuesday, Ms. Manning is set to be freed on May 17 of this year rather
than in 2045. A senior administration official said the 120-day delay
was part of a standard transition period for commutations to time
served, and was designed to allow for such steps as finding a place to
live after her release.
The commutation also relieved the Department of Defense of the difficult
responsibility of Ms. Manning’s incarceration as she pushes for
treatment for her gender dysphoria, including sex reassignment surgery,
that the military has no experience providing.
But the move was sharply criticized by several prominent Republicans,
including the chairmen of the House and Senate armed services
committees, Representative Mac Thornberry of Texas and Senator John
McCain of Arizona, who called her leaks “espionage” and said they had
put American troops and the country at risk.
Speaker Paul D. Ryan called it “outrageous.” “President Obama now leaves
in place a dangerous precedent that those who compromise our national
security won’t be held accountable for their crimes,” he said in a
statement.
But in a joint statement, Nancy Hollander and Vince Ward, two lawyers
who have been representing Ms. Manning’s appeal of her conviction and
sentence, and who filed the commutation application, praised the decision.
“Ms. Manning is the longest serving whistleblower in the history of the
United States,” they said. “Her 35-year sentence for disclosing
information that served the public interest and never caused harm to the
United States was always excessive, and we’re delighted that justice is
being served in the form of this commutation.”
In recent days, the White House had signaled that Mr. Obama was
seriously considering granting Ms. Manning’s commutation application, in
contrast to a pardon application submitted on behalf of the other
large-scale leaker of the era, Edward J. Snowden, the former
intelligence contractor who disclosed archives of top-secret
surveillance files and is living as a fugitive in Russia.
Asked about the two clemency applications on Friday, the White House
spokesman, Josh Earnest, discussed the “pretty stark difference” between
Ms. Manning’s case for mercy and Mr. Snowden’s. While their offenses
were similar, he said, there were “some important differences.”
“Chelsea Manning is somebody who went through the military criminal
justice process, was exposed to due process, was found guilty, was
sentenced for her crimes, and she acknowledged wrongdoing,” he said.
“Mr. Snowden fled into the arms of an adversary and has sought refuge in
a country