Obama’s Simple Decency


Obama’s act of simple decency

Scott Lemieux in The Week
Pete Souza, courtesy The White House Flickr
It was an act of simple decency. On Tuesday, President Barack Obama commuted the sentence of Chelsea Manning, who was serving a 35-year sentence for leaking a large trove of classified information. This was unquestionably the right thing to do, and helps redress a civil liberties record that is a relative weak spot in Obama’s legacy.

This is not to say that the decision to charge Manning was, in itself, indefensible. There is no question that Manning giving classified materials to WikiLeaks was illegal. Should she have been exempted from prosecution as a whistleblower? It’s not an absurd argument. Certainly, much of the information she released — such as video of an appalling helicopter attack on a crowd in Baghdad that killed two Reuters reporters whose cameras were misidentified as guns — was unquestionably in the public interest.

But one problem with that argument is how indiscriminate Manning was about the information she chose to release. As the political scientist Robert Farley of the University of Kentucky observes, it would be impossible for her to make crucial distinctions about what materials should be leaked because “she lacked sufficient expertise in the subject matter to tell the difference between material that was properly and improperly classified.” Information the state had a legitimate interest in keeping confidential was leaked alongside information that should have been made public.

Given these factors, it was unrealistic to expect Obama to pardon Manning, which would have absolved her of guilt. But there are two reasons — each of which would be sufficient in itself — why the case for commuting Manning’s sentence was not merely plausible, but compelling.

First, Manning’s sentence was grossly disproportionate. Prosecuting leakers is very rare, although Obama went after whistleblowers to an unprecedented extent. The seven people prosecuted for leaking information to the media by Obama constitute 70 percent of the people prosecuted for this crime in the history of the United States. And there is certainly no precedent for anything remotely resembling a 35-year sentence for leaking information to the media. Sentencing Manning to time served would have been towards the harsh end of what was potentially justified. Arbitrarily singling out Manning for an extraordinarily harsh punishment is exactly the kind of injustice the commutation power should be used to redress.

And, second, not only has Manning been in prison much longer than her offense merited, the conditions she was subjected to in prison were a vile abuse of human rights. She was held in solitary confinement for extended periods, treatment that amounts to torture in practice, even if it’s not defined as such in law. She remained in a man’s prison despite announcing her gender identity as a woman in 2013. She detailed the effects of this treatment in her letter to Obama: “I am living through a cycle of anxiety, anger, hopelessness, loss, and depression. I cannot focus. I cannot sleep. I attempted to take my own life.” She was actually punished for her suicide attempt with more time in solitary confinement, an act of astonishing cruelty.

The disproportionate length of the sentence given to Manning and the cruelty she was subjected to in prison make commuting her sentence a no-brainer.

This doesn’t mean that Obama’s opponents didn’t attack it. Republican Speaker of the House Paul Ryan called Obama’s commutation “outrageous,” asserting that “President Obama now leaves in place a dangerous precedent that those who compromise our national security won’t be held accountable for their crimes.” The idea that seven years of hard prison time in often deplorable conditions doesn’t constitute “accountability” reflects an appalling lack of human decency.

The harsh treatment given to Manning is particularly hard to justify given that most of the people responsible for the financial collapse of 2008 and all of the people responsible for the torture of prisoners under the Bush administration got away scot-free. While it’s too late for many of the worst villains of the first decade of the millennium to be held accountable, it’s important that other injustices be addressed.

Obama made the right call in commuting Manning’s sentence, and it’s a sobering reminder of a general commitment to decent values that Obama’s successor utterly rejects. Obama didn’t always do what the liberal wing of the Democratic Party would have liked, but he often still did what was right.

 

To Obama, from a conservative: Thank you for being a great role model

Pascal-Emmanuel Gobry

Official White House Photo by Pete Souza
 Barack Obama is leaving the White House. As a conservative, I don’t think he’s been a good president. But I’ll readily admit he’s been a terrific role model.

As the orange id approaches the threshold of 1600 Pennsylvania Avenue — God help us all — I find myself reflecting on this more and more. And even if Obama is a master image manipulator, as any successful politician must be, who cares? He projected the right image.

As the author J.D. Vance pointed out, Obama gives hope to those of us, like him, who come from broken homes and strive to build stable, loving ones for their children.

Michelle and Barack Obama clearly and obviously love each other and are tender towards each other. They find ways to humorously poke fun at each other. They visibly work as partners leading the difficult endeavor that was Obama’s political career, presidential campaigns, and mandate as president.

Meanwhile, the Obamas have also been assiduous at protecting their daughters from the public eye and have refrained from using them as props. Famously, President Obama has drawn a red line around family dinner time and respects it. This is a red line he’s actually kept, and it rightly puts all of us dads to shame. If the freakin’ president of the United States is not too busy to spend dinner with his family, neither are you.

In an era where scripts for fulfilling gender roles get ever more twisted in knots, there are much worse scripts for a heterosexual male to follow than that of Obama, who is faithful, loves books as much as sports, and isn’t afraid to shed a tear in public.

Even Obama’s much-derided aloof, professorial demeanor is not a bad pointer. While it probably didn’t serve him well in politics and (especially) foreign affairs, an anecdotal survey of those around me suggests a lot of families could do with less drama.

In recent years, people have warned about the imperial presidency, by which they mean the ever-expanding powers of the executive branch. But there is another aspect of this phenomenon worth mentioning, which is the increasing expectation that the president not only act as king, but symbol-in-chief and national therapist. This is a trend we should all resist. Still, given that that so many eyes fall on the president, it’s worth acknowledging that it’s a part of the job that Obama did brilliantly, and one which we may find ourselves very much missing in the coming years.

Thanks, Obama.

bline

Meaningful Prison Reform


Originally posted at http://www.pbs.org/wgbh/pages/frontline/criminal-justice/locked-up-in-america/senators-seek-to-curb-federal-prison-sentences-for-drug-crimes/

Corrections officer Travis Conklin, right, looks on as prisoners move through the state prison Thursday, March 3, 2011 in Jackson, Ga. Conservative legislators who once heralded strict three-strikes laws and other tough measures that led to bloated prisons are now considering what was once deemed unthinkable: Reducing sentences for some drug and non-violent offenders. (AP Photo/David Goldman)

Corrections officer Travis Conklin, right, looks on as prisoners move through the state prison Thursday, March 3, 2011 in Jackson, Ga. Conservative legislators who once heralded strict three-strikes laws and other tough measures that led to bloated prisons are now considering what was once deemed unthinkable: Reducing sentences for some drug and non-violent offenders. (AP Photo/David Goldman)

Senators Seek to Curb Federal Prison Sentences for Drug Crimes

October 1, 2015, 4:09 pm ET by Sarah Childress

A bipartisan group of senators unveiled a comprehensive proposal on Thursday that would reduce federal prison sentences for nonviolent drug offenders and seek to cut down on recidivism.

The bill would be among the most significant criminal justice reform legislation in decades. It comes as support for reform has been growing on both sides of the aisle, both because of the overwhelming financial burden of mass incarceration and a push among legislators towards rehabilitation rather than punishment for drug offenses.

The bill’s major provisions would:

  • Reduce enhanced mandatory-minimum sentences for repeat drug offenders, including removing mandatory life sentence for three-strike offenders.
  • Limit offenses that trigger mandatory minimums to serious drug felonies.
  • Offer more discretion for judges to sentence low-level offenders below the 10-year mandatory minimum.
  • Limit — though not prohibit — solitary confinementfor juveniles in federal custody.
  • Allow some nonviolentjuveniles to seal or expunge their convictions.
  • Apply several sentencing reforms retroactively.
  • Require the Bureau of Prisons to come up with research-based programsto reduce recidivism.

The bill doesn’t do away with mandatory minimum sentencing entirely, something that a full 77 percent of Americans say they support. The federal prison population has boomed over the past 30 years, from 24,600 in 1980 to more than 200,000 last year, in part because of mandatory minimum sentencing for drug offenses.

The bill also introduces new mandatory minimum sentences for other crimes, such as violent felonies, some violent firearm offenders, those who commit interstate domestic violence or provide weapons or other materials to terrorists.

That’s one critique of the bill from some reform advocates, who say that minimum sentences are costly and mostly end up targeting low-level, nonviolent offenders.

“We believe that punishments must fit the crime and that a cookie-cutter approach too often gets in the way of justice,” said Anthony Romero, executive director of the American Civil Liberties Union, in a statement.

The senators said the bill would impact at least 6,500 people in the federal prison system. The bulk of the roughly 2.2 million people who are incarcerated today are in state prisons and jails.

Molly Gill, government affairs counsel for Families Against Mandatory Minimums, said the bill could go further, but added: “There’s going to be a lot of families who will benefit from this law and a lot of people who are going to get a lot of years back.”

The bill still must pass the Senate before moving to the House of Representatives for consideration. The White House hasn’t yet weighed in on the bill, but President Barack Obama has repeatedly called for comprehensive criminal justice reform.

 

Prisons should not be money making ventures by business. Minor crimes should allow a person to have a real second chance.

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