Or at least commute my sentence
The Short Version
President Obama pardoned 64 and commuted the sentences of over 200 people yesterday in one of the largest groups of commutations by any president. Included in this list was Chelsea Manning, the transgender former Army analyst convicted of leaking top secret material to WikiLeaks in 2009 and former Marine general James E. Cartwright who plead guilty to making false statements to the FBI. Many people are upset by Ms. Manning’s sentence commutation while others are wondering if this may open the door for prosecution of WikiLeaks founder Julian Assange.
Matters Of Distinction
Right off the bat, we need to make a couple of points clear. A presidential pardon largely removes one’s crime and its effects. All rights are restored and the legal record of the conviction is expunged. Commuting a sentence, however, does not remove the conviction nor many of the penalties related to that conviction. All commuting a sentence does is let a person out of jail sooner. They are still subject to reporting laws, may not regain the right to vote, and cannot be considered for any form of federal employment. All pardons and commutations are permanent and cannot be undone.
A Little More Detail
President Obama had already surpassed the record for the number of people he has pardoned or for whom he has commuted sentences. Mr. Obama has long considered the imprisonment of non-violent drug offenders to be a matter of injustice and the majority of his pardons and commutations have been focused toward releasing non-violent drug offenders from jail. Not a lot has been written or said about any of these actions, though they’ve been ongoing for quite a while.
What got everyone’s attention yesterday was the commutation of the 45-year sentence given to Chelsea Manning. Speaker of the House, Paul Ryan called the act “just outrageous,” saying that ” “Chelsea Manning’s treachery put American lives at risk and exposed some of our nation’s most sensitive secrets.” Ms. Manning, who was known as Bradley at the time of arrest, has presented some interesting problems for the federal prison system, however. Being held in the men’s facility at Leavenworth Federal Penitentiary subjected Ms. Manning to severe abuse and mistreatment from other prisoners. At the same time, the system was unable to provide the transitional medical care Ms. Manning needed. She had attempted suicide twice in the past year.
Chase Strangio, an American Civil Liberties Union attorney representing Ms. Manning, said that Obama’s action could “quite literally save Chelsea’s life.”
In addition to Ms. Manning and General Cartwright, President Obama pardoned San Francisco Giants Hall of Famer Willie McCovey and hotelier Ian Schrager, both of whom were convicted of tax evasion, as well as commuting the sentence of Puerto Rican nationalist Oscar Lopez Rivera, an ultranationalist who, at age 74, is no longer considered a threat and would have otherwise likely died in prison.
The White House also announced that several more pardons and commutations would be announced on Thursday, the last day of President Obama’s administration. However, most of those will, again, be centered around drug offenders and no “big names” are expected.
Not For Everyone
What’s worth noting is who is not on any of the lists for pardons or sentence commutation. Edward Snowden, who, like Manning, leaked top-secret information to WikiLeaks, is not on the list. The White House has said that Snowden has not applied for clemency.
Also missing from the list is Native American activist Leonard Peltier, who was convicted and sentenced to two consecutive terms of life imprisonment for first-degree murder in the shooting of two Federal Bureau of Investigation agents during a 1975 conflict on the Pine Ridge Indian Reservation, has widely been considered to have been convicted unjustly. Yesterday, James Reynolds, the federal prosecutor responsible for Peltier’s conviction, published a letter in the Chicago Tribune urging Peltier’s release saying “The government has gotten almost 41 years, and 41 pounds of flesh; Peltier is old and sick, and in my opinion, any more time served would be vindictive.” However, the White House has not responded on the matter.
There is also some speculation as to whether Ms. Manning’s clemency opens the door for some action against WikiLeaks founder Julian Assange. However, again, there is no official word from the Justice Department regarding those rumors. Given the timing and transition about to take place, it is unlikely that the Justice Department would initiate any new activity that would require completion by the new administration.
Not Ready For Prime Time
The job was bigger than they thought
The Short Version
Apparently, no one in the transition team for the new president thought the days would pass so quickly. As a new president takes the oath of office, and members of the Obama administration begin to move out, there is a shortage of staff members. Specifically, about 640 positions that require Senate confirmation are empty. Those people just happen to be necessary for the day-to-day operation of the country. So, the new president has asked 50 members of the old administration to stay on temporarily.
A Litte More Detail
You would have thought they could see this coming. In fact, had the transition team followed the original plan laid out by New Jersey Governor Chris Christie, they probably would have been all set and ready to go into today with new people filling all the important seats. Unfortunately, Mr. Christie got the “you’re fired” memo ten weeks ago and he took his plan with him. Indiana Governor and vice president-elect took over the transition team without a clue as to what he was doing. Under Mr. Christie’s plan, all appointees requiring Senate confirmation would have been named by the first week in December. Mr. Pence had no such plan.
As a result, key members of the administration are not in place, or even close to it, as the new president takes the oath of office. This is a problem for critical offices such as the State Department who never actually get a day off. There’s always something going over there. Yet, there’s no one sitting in that seat just yet. The appointee to the office of Secretary of State, Rex Tillerson, isn’t close to being approved by the Senate. So, Obama appointee Thomas A. Shannon, Jr. has been asked to stay on until the Senate has time to take action.
Is this surprising? Not for anyone who is familiar with the scope of the transition of government. Anyone who has been in Washington, D. C. during a period such as this understands just how coordinated everything must be to cover all the bases in a relatively short time between the election and the inauguration. However, we didn’t elect anyone with actual government experience, did we? So, they were caught off-guard by the fact they couldn’t just hire all their friends and relatives and expect the Senate to just say, “Hey, they seem nice enough. Let ’em all in.”
What Happens Next?
The Obama appointees can stay on as long as the new president needs them. There is no timetable for Senate confirmation and nothing says that everyone absolutely, positively has to be gone by today. In fact, with over 600 appointments still to go, most of which have yet to be named, its quite likely that there could be remnants of the Obama administration lingering in fairly high positions of power well into the first year of the new administration.
Not helping matters any is the grilling that almost all of the new top-level appointees are getting from the Senate confirmation committees. As the Senate exercises extreme and partisan caution in approving cabinet members, it slows down the rate at which mid-level appointees can be vetted and approved. While it’s not unusual for some positions to go unfilled for a year or more, the number of vacant positions facing this administration is alarming and a cause for some concern.
While no one is likely to notice anything amiss over the weekend, matters related to international affairs, the economy, and employment could start rearing their ugly heads as early as next week. Without anyone authoritatively taking the reigns in those departments, what are typically mundane matters of paperwork are likely to go undone, leading to a ripple effect of consequences. The end result could potentially be catastrophic.
Not that the incoming president seems to care. He’s been noticeably hands off throughout the transition period.
If this is the way the administration is going to be operated for the next four years, we could see an increasing amount of chaos and much of the actual workings of the government could come to a screeching halt.
This is what happens when we elect someone who doesn’t have a clue how government actually works. While the new president is familiar with television reality, Washington reality is a different sort of program and this administration is far from being ready for prime time.
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