NEWSFLASH! ASSANGE TO FACE THE MUSIC!

Chuckle. Truth is stranger than fiction. The story line:

  • 2009/10 At the height of the Afghan war, Bradley Manning who was an intelligence widget in the USAian military, decided to dump tons of classified documents describing USAian operations to WikiLeaks. This included lots of diplomatic cables too.
  • 2013 Manning, now Chelsea Manning, was sentenced to 35 years for the crimes.
  • 2013 Request was made for a pardon.
  • 2016 WikiLeaks dumps a whole bunch of DNC e-mails in the midst of Hillary’s bid to become POTUS.
  • 2016 After the election of Trump, another request for a pardon was made.
  • 2017 January 12, WikiLeaks states Assange will face the music if Manning is pardoned.
  • 2017 Today, Manning’s sentence was commuted to end in May.

My! I’ll bet there will be some more turbulence in the air over Washington DC before the week’s out. I doubt WikiLeaks’ promise is worth much but it’s possible some negotiation was carried out in London with the Ecuadorian embassy to solidify the matter. The pardon may be unrelated but it is an interesting coincidence. No doubt Trump will not be amused to find he has to share some of the spotlight this week. His ego hates that kind of thing… No tweets visible yet… 😉 Hillary, the GOP, and the DEMs may all be upset unless bringing in the bigger fish is sufficient compensation. Obama has a press conference tomorrow. This is sure to be a subject.

UPDATE – A few days after the pardon, Assange decided not to surrender because Manning will not be released immediately

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
This entry was posted in politics and tagged , , . Bookmark the permalink.

8 Responses to NEWSFLASH! ASSANGE TO FACE THE MUSIC!

  1. oiaohm wrote, “one President issues the pardon the next President prevents the pardon delivery so since a deed only comes active once its been accepted by being signed its like it never existed.”

    The situation is actually a commutation of sentence, a reduction in its length. Trump has no power to lengthen anyone’s sentence although he could instruct Justice to lay some additional charge. That would probably be unconstitutional in terms of double jeopardy. Manning has no right to refuse commutation or pardon, for that matter. It’s unilateral. It’s not a contract or agreement. It’s a decision. A pardon erases the conviction. A commutation shortens the sentence. No court would support a person who challenged a commutation since the constitution clearly gives POTUS that power. There isn’t time nor possibility of pushing a constitutional amendment on this matter. It just makes no sense except to remove the power of pardon/commutation. It’s there for a reason. It should be retained. Trump may want god-like power but Congress won’t go along.

  2. dougman wrote, “Manning is a wimp that deserves a prison cell.”

    I don’t think any criminal/traitor/whatever will discern any difference between a 7 and a 35 year sentence. So, there’s no point in keeping him on room and board longer. Keeping him is just a waste of money, time and resources. Manning doesn’t deserve free room and board. Set him free to work for a living or have a ghost write his biography/movie scripts. At least then USA would get something useful out of him.

  3. DrLoser wrote, “allegations of rape or sexual coercion”.

    Actually the prosecutor is making those allegations, not the “victims”. The legal system had to shop around for a prosecutor to lay those charges. I can see extradition if there is a serious crime and a strong case but this is neither. He’s a bad date, nothing more. He may never get another date. I think that’s punishment enough although if new evidence were produced I might change my opinion. If it had been a serious crime with evidence, why did they allow him to leave the country? It doesn’t pass the smell test. I think Ecuador should grant him citizenship, appoint him ambassador and drive him out to the airport, assuming there are non-stop flights to Ecuador from London. Perhaps a Russian sub would take him on as a deck hand…

  4. DrLoser says:

    Since Julian Assange has refused to honour any commitment he has made since acquiring “Ecuadorian immunity,” Robert, I see this as yet another empty promise.

    And your “update” merely confirms it.

    Any interest at all in the putative complaints of the two Swedish women exposed to Julian’s weasel predations, or is FLOSS (whatever the heck that might mean in this individual, and I might point out Putin-loving, instance) so vital that you are prepared to admit that allegations of rape or sexual coercion are not really that important to you?

    Spare me your answer. That is clearly your attitude.

    Putz.

  5. dougman says:

    Manning is a wimp that deserves a prison cell.

  6. oiaohm says:

    Robert Pogson the issue is sentence cannot be extend that is correct.

    To be correct a USA pardon comes real when the person being Pardon is released and has signed it. Until then the person being Pardon can choose the refuse the Pardon to be able challenge charge or the Pardon be blocked by order president for the person to be held until the expiry date of Pardon is met. Since the pardon is not signed before expiry date the Pardon expires.

    Having the power to grant a pardon does not equal the power to rescind one.
    when I say reversed I don’t mean rescinded. Yes rescinding is hard using presentation powers to prevent pardon being carried out is more than possible. Once the pardon is signed/granted for good reversing it is next to impossible.

    A pardon is a deed, to the validity of which, delivery is essential, and delivery is not complete, without acceptance. It may then be rejected by the person to whom it is tendered; and if it be rejected, we have discovered no power in a court to force it on him. It may be supposed,

    This is form my link. So one President issues the pardon the next President prevents the pardon delivery so since a deed only comes active once its been accepted by being signed its like it never existed. No court case required. So a USA pardon is only worth the paper is written on once the party who is pardoned has signed it.

    So its the way USA law defined a pardon. The thing is a lot of pardons at end of terms have been issued by different USA Presidents and there are being quite a few made void by blocking delivery by next President over USA history. Of course next President cannot do anything if the pardon has already been signed by effected party. Once the pardon is signed by Chelsea Manning the release has to be the very day the pardon is signed.

    Basically USA President pardon is only real once is signed by a few different people and the final one being the target of the pardon. Until the USA pardon has final signature is nothing more than a possible outcome that might never happen.

  7. oiaohm wrote, “there are historic cases of USA Presidential pardons being reversed by next President. The Pardon becomes solid after the person is released. Basically the reason for the delay from when a person is pardoned by the President to when the person is released is to allow pardon to be challenged in the USA.”

    That’s not settled law. It’s a lot like King Trump being able to sentence reporters he doesn’t like to 20 years of hard labour for insulting his majesty. That would not fly in the modern court. It violates separation of powers. Having the power to grant a pardon does not equal the power to rescind one. There is an issue that the guy is still in custody, but I don’t think the POTUS has the power to lengthen a sentence any more than to rescind a pardon. Trump might have a prayer if he replaces Scalia in the meantime but I doubt that will happen so soon. Trump has yet to nominate a Supreme. The Dems can likely delay a decision for months of arguments because the Rs don’t have enough senators to overrule a filibuster. 48 senators can filibuster for a long time. It is also doubtful a Scalia-like Supreme would accept the argument for rescinding pardons.

  8. oiaohm says:

    The pardon can be reversed
    http://www.wnd.com/2001/02/8310/
    Robert Pogson there are historic cases of USA Presidential pardons being reversed by next President. The Pardon becomes solid after the person is released. Basically the reason for the delay from when a person is pardoned by the President to when the person is released is to allow pardon to be challenged in the USA.

    By the way the USA President could have fast tracked the pardon process so making the delay between notice of Pardon and release coming into effect 5 days. But in Chelsea Manning the pardon time is the absolute maximum time. Yes 5 days would be immediate release.

    https://en.wikipedia.org/wiki/List_of_United_States_extradition_treaties

    Pays to read the treat list. Ecuador and UK and Sweden all have extradition treaties with the USA. So all 3 countries keeping their treaties should have no problem if Assange want to go an face the oldest charge first. Of course this would mean the cat fight would be between Sweden and USA over who has the oldest charge effectively issued and the UK could demand the case be handled in the UK due to the way UK-USA treaty is written. UK treaty allows UK and UK commonwealth people(this includes Australians) to face USA charges in UK court if a UK court is closer to their current location if the charge cannot be effectively applied in the UK court the charge has to be dropped in the USA. Hello checkmate Sweden and the USA if this plays out a particular way. 1 Sweden will have to drop change to let Assange go two the USA does not get him because the UK processes him. If UK gets creative can just exile him to Australia.

    Yes Robert you are right to smell a rat in what wikileaks founder has done as it might be a good get out of Jail free play.

Leave a Reply