Clemency

Obama shortens terms for Manning, 208 others

WASHINGTON — President Barack Obama granted clemency to Chelsea Manning Tuesday, allowing the transgender Army intelligence officer convicted of leaking more than 700,000 U.S. documents to go free nearly three decades early.

Embracing his clemency powers days before leaving office, Obama also pardoned 64 individuals including retired Gen. James Cartwright, charged with making false statements during another leak probe. Manning was one of 209 inmates with sentences commuted by Obama, who has granted more commutations than any other president.

Neil Eggleston, Obama’s White House counsel, said the individuals would learn “that our nation is a forgiving nation, where hard work and a commitment to rehabilitation can lead to a second chance, and where wrongs from the past will not deprive an individual of the opportunity to move forward.”

Manning, Cartwright and Puerto Rican nationalist Oscar Lopez Rivera were the more prominent names on a list otherwise made up mostly of nonviolent drug offenders. The actions are permanent, and cannot be undone by President-elect Donald Trump.

With his last-minute clemency for Manning and Cartwright, Obama appeared to be softening what has been a hard-line approach to prosecuting leakers.

Manning has been serving a 35-year sentence for leaking classified government and military documents to WikiLeaks, along with some battlefield video.

She was convicted in military court of violating the Espionage Act and other offenses and spent more than six years behind bars. She asked Obama last November to commute her sentence to time served.

Her case has pitted LGBT rights activists, who warned about her mental health and treatment as a transgender woman living in a men’s prison, against national security hawks who said she did devastating damage to U.S. interests. The former cheered Obama’s move, while the latter called it an outrageous act that set a dangerous precedent.

Yet Obama did not grant a pardon to another prominent leaker, former National Security Agency contractor Edward Snowden, whom the U.S. has been unable to extradite from Russia. Snowden hasn’t formally applied for clemency, though his supporters have called for it. The White House drew a distinction between the unapologetic Snowden and Manning, whom officials noted has expressed remorse and served several years already for her crime.

Known as Bradley Manning at the time of her 2010 arrest, Manning came out as transgender after being sentenced. She was held at Fort Leavenworth, Kansas, where she attempted suicide twice last year, according to her lawyers. Manning has acknowledged leaking the documents, but has said she did it to raise public awareness about the effects of war on civilians.

“We are all better off knowing that Chelsea Manning will walk out of prison a free woman, dedicated to making the world a better place and fighting for justice for so many,” said Chase Strangio, an American Civil Liberties Union attorney representing Manning, adding Obama’s action could “quite literally save Chelsea’s life.”

But House Speaker Paul Ryan called the move “just outrageous,” and added, “Chelsea Manning’s treachery put American lives at risk and exposed some of our nation’s most sensitive secrets.”

Manning and many of the others receiving commutations will be released in May, in line with standard procedure allowing a period for re-entry.

The White House said Obama would announce more clemency actions Thursday — his last full day in office — but said those would focus on drug offenders.

Commutations reduce sentences being served, but don’t erase convictions. Pardons generally restore civil rights, such as voting, often after a sentence has been served.

Cartwright, the former vice chairman of the Joint Chiefs of Staff who received a pardon, had pleaded guilty in October to making false statements during an investigation into a leak of classified information about a covert cyberattack on Iran’s nuclear facilities. Prosecutors said Cartwright falsely told investigators he did not provide information contained in a news article and in a book by New York Times journalist David Sanger, and said he also misled prosecutors about classified information shared with another journalist, Daniel Klaidman.