Place your bets: Comrade Trump will order his Atty General to re-arrest and charge Manning

[Rosco T.]

on some .. er... 'trump'ed up charge. Just to say fuck you to Obama.

[Ilsa]

1. I hope Manning can get somewhere safe to avoid

Harassment. Trump will be showing the world how much of a vindictive asshole he is, worse than previously believed.

[truebluegreen]

3. Manning isn't even going to be released until May.

[Initech]

27. I hope so too.

If I were her, I'd be making a b-line for Canada and not thinking twice about looking back.

[global1]

2. Can Trump Do That Once A Presidential Pardon Is Givenj?....nt

[truebluegreen]

5. Not a pardon, a commuted sentence.

[MineralMan]

6. Nope.

[Wounded Bear]

7. It's not a pardon...

Pres Obama only commuted her sentence. He didn't overturn the conviction.

Even so, I don't think it would be legal for the JD to 're-arrest' Manning.

[backscatter712]

15. Legally speaking...

When a president or governor commutes a sentence, it's considered to have already been served. So, by the law, Chelsea already did her time, as of release.

Of course, Trump and Sessions might find some excuse to have Chelsea Manning charged with a new crime...

[MineralMan]

4. That won't work.

A presidential commutation or pardon is final. It can't be overturned by anyone. Manning cannot be retried, either, due to the prohibition on double jeopardy.

[someoneeelse]

8. ...

I Agree

[truebluegreen]

9. Unless they come up with something else.

Plus, it was a military court. I don't know how that applies to the criminal system.

[MineralMan]

10. She was tried under the UCMJ.

Double jeopardy is prohibited in that code, as well. She cannot be tried again for the same actions.

[Azathoth]

11. What's to stop him?

He could order Manning's sentence reinstated and there's not a damn thing anyone can do. Congress sure as hell won't censure or impeach him, and the natural recourse, SCOTUS, is currently powerless because of GOP obstruction.

[underpants]

12. Trump's operation is so screwed up I wouldn't be surprised

If he ended up going after Peyton Manning

[MineralMan]

13. No, he couldn't. Presidents have no judicial powers.

They can pardon or commute a Federal sentence. That is a constitutional power. Once done, it cannot be overturned. Presidents cannot send anyone to prison. That is reserved to the judiciary. Since double jeopardy would exist, no court would attempt to reverse a presidential pardon or commutation.

[Azathoth]

17. Manning wasn't given a Federal sentence

He was convicted in an Article 1 tribunal. That's Congress and POTUS, not the federal court system. Appeals are all in Article 1 courts as well, with the exception of SCOTUS, which I believe has final review authority. So no, there would be no review from the judicial branch (Manning's lawyers would try, of course). And besides, given how extreme the GOP is, there is absolutely nothing to prevent them from passing a law specifically authorizing Trump reinstating the sentence. Think the law is unconstitutional? Back to SCOTUS you go.

[yeoman6987]

14. Has he mentioned her ever? I doubt trump cares one bit on this.

[DK504]

16. LOL....took the words right out of my mouth

Does the Traitor in chief even know who the hell Manning is?

[Azathoth]

18. I doubt he cares

I'm just saying he could do it. People really don't realize just how much power a President can wield if he simply doesn't care about legal principles and norms and traditions.

[yeoman6987]

19. I totally get that. It's going to be hell in our country.

Trump will do so much damage that bush will look like an amature. The next president may not be able to fix the mess like president obama did no matter how much he tries. That's frightening.

[no_hypocrisy]

20. No. Double jeopardy.

[mythology]

21. The President can't actually order an arrest

The commutation will go through.

[Generator]

22. Please

Trump's more concerned with Alec Baldwin. He's never heard of Manning. He knows jack shit unless it's about him.

[NobodyHere]

23. Unless Manning broke some state law by his actions

He can't be charged again

[SidDithers]

24. Her, she...nt

Sid

[SteamAddict]

25. Don't laugh. He will.

And he will pardon Asange, who is being extradited to the USA.

[joshcryer]

26. Double jeopardy, not happening.

But there's a good chance Snowden gets extradited and imprisoned for life.

[Freethinker65]

28. Cannot be done, though an Assange pardon from Trump is more likely now

[Doreen]

29. OK, lets think about this.

We have a man so far who is above the law and gets away with doing things to people and is about to become dictator. Do dictators follow the law? Do dictators abide by the same laws everybody else has to follow? I see his laws and our laws different as in no laws for him. He has the main body of government on his side and they will do what he tells them to do.