Submitted by Darren Smith, Weekend Contributor
Would a future administration entertain the idea of making a fundamental break from some of the misdeeds of administrations past? That it would be substantial, or not, remains to be seen. One such topic for discussion can be the issue of Bradley Manning.
As most of the readers here are aware, Bradley Manning is a soldier who is imprisoned for his alleged leaking of vast numbers of diplomatic cables concerning the United States diplomatic service’s sensitive correspondence along with equally vast numbers of logs relating to the war efforts in Iraq and Afghanistan. He has plead guilty to ten of these charges and is awaiting a verdict on several others having severe penalties such as Aiding the Enemy. Those documents found way to the website WikiLeaks and then to the public in various avenues, causing much embarrassment and alarm on behalf of the US Government and military.
A full spectrum of thought encompasses the reaction of this, with very vocal groups labeling him from a hero to a whistleblower to a traitor, often using the same information as supporting evidence. But with regard to a Greater Good, should Bradley Manning receive a pardon?
It is clear from what is alleged the information distributed was secret. And there are varying opinions as to whether it was damaging or beneficial in the long term. In short one can look at the effects of what releasing information might encompass. In one example we can look at a “typical” espionage case as most traditionally view it; the case of Aldrich Ames.
Ames was formerly a CIA counter-intelligence office who was convicted in 1994 for spying for the Soviet Union and Russia. In exchange for large sums of money he provided information to these nations revealing, among other secrets, the identities of CIA informants in those nations and the spy efforts of the United States. It is almost certain this led to the arrest and deaths in many cases of those informants and disrupted the CIA in its mission.
Ames was probably bested by Robert Hanssen who for 22 years routinely provided information to the Russians about signal intelligence systems, lists of American double-agents, et al. Hannsen is currently serving a life sentence at USP, Florence in the ADX unit. A death penalty prosecution against him was considered by the US Attorney’s Office.
It is clear from these two men aforementioned they damaged the United States by providing military secrets to a foreign state for profit. And most in the US would agree their conviction was just, but what of Bradley Manning’s alleged actions?
An even cursory review of Bradley Manning’s experience in the Army was for him from the start filled with strife and belittlement. Resulting from this, and probably also was a disposition to emotional difficulty and conflict with others, he clearly found many things to be objectionable for him and what he perceived to be war crimes perpetuated by some in the allied front it could be argued this, and other things, led him to allegedly obtain the secret information and pass it along to others through various contacts in the “hacker” community for which he found kinship. WikiLeaks obtained many of this information such as various combat action videos, the Iraq and Afghanistan war logs, and diplomatic cables. The resulting events after this information release was among other things regarded as the spark that led to the Arab Spring changes in the Middle East, the reassignment of US Government personnel and sources, information revealed on the Guantanamo Bay detention center and at the very least much upset among US Government officials.
Many certainly will not argue the charges against Bradley Manning are serious and the actions if proven would constitute crimes, he does face life imprisonment for some of these. But a fundamental difference can be argued between Robert Hanssen & Aldrich Ames and Bradley Manning: Whistleblowing.
On balance it can be argued if there is true altruism. If Bradley Manning was to have provided this information the exchange was for what he believed to be satisfaction in what he had done, that could be from one point of view just as valuable to him as money was to Ames and Hanssen. Both obtained consideration for violating espionage laws. Yet, is it less offensive to justice when a defendant believes the US Government is perpetuating illegal activities on its own, and a young, troubled man with no other outlets to voice his concerns and frustration resorts to a revelation of all that he considers bad? Some might argue the reporting of a crime is not a crime.
Do we need as a society to consider the greater good of what resulted as a mitigating factor in sort of an upside-down Machiavellian situation? (For the greater justice, it is necessary to break the law). Consider this. What might have been the resulting view of Bradley Manning have been if he had instead wrote a magnificent book of stories and anecdotes describing the situation in the Arab World and that book was so revered it resulted in the same effect of heralding the overthrow of several autocratic regimes in the Middle East exactly in the same manner that was sparked by the WikiLeaks issue? Would it have been likely Bradley Manning could be elevated to a Nobel Laureate for his literary influence and contributions?
Yet, it could also be articulated there was a great price to be paid in the release of these diplomatic cables in that it resulted in many deaths from the strife that ensued where more time and diplomacy might have averted such horrors in the lives of many ordinary people swept up in the conflict resulting. If this was directly resulting from Bradley Manning’s actions, should that be included in his punishment? It is a hard burden to shoulder the aftermath of a regional conflict upon the conscious of one young man.
Yet, should we make a precedent where the release of secret information is defensible by the conscious of the person releasing the data unlawfully? If that was the case would we want to open an avenue for those having security clearances to be less deterred?
Any meritorious society is constantly asking itself, how do we go from here? With all the outrages perpetuated by political types of this and prior administrations as to hegemony, military adventurism, wars started under dubious pretentions, spying on ordinary American Citizens, foreign allies, and indefinite detentions of prisoners who have been denied basic constitutional rights, has a time come to put these issues behind us with more than just talk and the status quo but real change along with symbolic gestures. If that is the aim of a subsequent administration could a case be made to request commuting the sentence or even a pardon of Bradley Manning?
It certainly is not without precedent in presidential authority. President Ford in pardoning President Nixon proclaimed he felt this was best for the country, to move on. He also conditionally pardoned those evading the draft who fled to foreign countries and a full pardon was later grated for these men by President Carter. The Iva Toguri (Tokyo Rose) Treason conviction and subsequent pardon by President Ford certainly can come to mind. Other more recent presidents have granted pardons, some meeting great disagreement as to whether this constituted more favoritism than justice. But yet a precedent has been set in which a nation or perhaps a government can atone for its ill deeds by allowing itself to take a better path to do better next time, and not in doing so continue to imprison the man, Bradley Manning, who for right or wrong brought to light these misdeeds that a future administration might endeavor to correct. Is Bradley to be a hero for risking everything, and losing his liberty, to reveal what he believed to be great injustices, or is he to be a scapegoat of the empire, or to be “sacrificed” as a deterrent to others in revealing classified material, rightly or wrongly.
If the Arab Spring is to be in several years regarded as such a liberation of ordinary people in several countries akin to that equal of the fall of the Iron Curtain for Eastern Europeans, and the jubilation of those who may now enjoy what we proclaim to be our mission to spread freedom in the world, is it right to continue to imprison the man that could be regarded as the instigator of this liberation? Could it be argued he indirectly performed his duty as that of a liberator?
With these issues in mind, is it right to at some time in the near future pardon Bradley Manning?
25 thoughts on “Pardoning Bradley Manning?”
It is often unfortunate that powers to be lack courage and resolve often times. To them, it can be easier to just ignore individuals who languish in jail or are foresaken rather than step up to the plate and do what is right.
See the movie Rules of Engagement with Samuel L Jackson and Tommy Lee Jonea to see how the military scapegoats….
“[I]s it right to at some time in the near future pardon Bradley Manning?”
Right? Probably. Motive can be inscrutable and each person’s shape of victory can be different, but it clearly wasn’t profit here. Even though the law applicable to Manning precludes him being legally a whistleblower, that he was acting to expose governmental wrongdoing I think clearly puts him as a whistleblower by the common usage of the term. Near future? Probably not. There’s still advantage to scapegoating him so long as the War Machine is rolling. And I have to wonder if the question isn’t better phrased “Is it politically expedient and to anyone in power’s advantage to pardon Bradley Manning?”
Good stuff, Darren.
It is as you mention a little hard to do this in this political climate, especially when a gov’t invests so much enphasis in declaring whistleblowers as traitors. Hopefully in a future administration their might be a change of heart. One can only hope
You are right. Maybe commuting the sentence to Time Served might be a middle ground.
Burdick v. United States sheds some light.
Embarrassing the US government — or, rather, showing how the US government has embarrassed itself — does not harm the United States. Quite to the contrary, allowing utterly shameless charlatans to lie with impunity while subverting the Constitution does. President Barack “Body Count” Obama should beg Bradley Manning’s pardon and thank him for showing the American people what its own government so desperately wishes to keep from them — the awful Truth.
the only problem with receiving a pardon is that by doing so you’re admitting you did something wrong.
and i don’t believe he has
of course i’m not looking at a really long prison sentence.
I don’t doubt that Manning was harassed in service and mistreated while incarcerated. Both the harassment and the mistreatment are reprehensible.
But doesn’t the mention of harassment in the context of Manning’s motivation tend to undermine the claim that he acted for the common good?
Vegas has the odds of Manning ever being pardoned @ 150-1. So, put a 10 spot down on pardon and maybe you’ll hit a $1500 jackpot.
It is possible that in future generations Manning will be looked at as a traitor….. Not much has changed…. Benedict Arnold is still viewed as a traitor…..and he was very helpful to Washington….. I think that anyone that exposes the truth will be prosecuted…..unless you are a banker….then you have almost full immunity….
Then again….on another thread I posted about John Kiriakou….Just an amazing travesity … Thanks for the informative post Darren….
Considering that Obama has, with the exception of Washington, pardoned fewer people than any other President who didn’t die during their first term, it’s not likely.
One major point – Hanssen and Ames caused great harm to the United States.
Manning caused minor harm to the United States, but great embarrassment to the U.S. government.
Arguably, (in Washington), Manning committed the greater crimes.
Why should it matter whether one discloses for ideology or profit?
Manning was responsible for maintaining and preserving the secrecy of knowledge he developed in the course of his enlistment and this particular assignment. He deliberately failed in his mission to do so.
No pardonable conduct in my opinion as a former Army CI Special Agent, but not worthy of a life sentence either.
Great topic Darren! I can only hope that the Obama Administration would pardon Mr. Manning, but Pres. Obama has not shown a proclivity in this area as of yet. I do not think that we have seen any evidence of harm or injury from the Manning leaks, have we? I consider Mr. Manning and Mr. Snowden heroes for having the guts to put their lives on the line to get the truth out to the American public and the world. It does not appear that they have engineered these leaks for profit or to benefit an enemy, but a pardon for Manning in this political climate will be difficult.
The days of doing things for the greater good vanished Carter. It’s all politics, all the time, regardless of the consequences and the greater good.
Did God pardon us or not pardon us? You tell me.
Did God pardon us or not pardon us? You tell me?
“Those documents found way to the website WikiLeaks and then to the public in various avenues, causing much embarrassment and alarm on behalf of the US Government and military.”
But note also that their behavior itself does not “caus[e] much embarrassment and alarm.”
If fact, it causes celebration.
Why is that?
No Democratic or Republican Chief Executive would ever have the cojones to think in those terms.
Not on Obama’s watch.
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