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Chelsea Manning files to run as Democrat for US Senate in Maryland


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Federal election documents confirm Manning’s intention to run in November

 

Manning jailed in 2010 for passing files to WikiLeaks and was freed last year

 

Sat 13 Jan 2018 19.20 GMT

 

4122.jpg?w=700&q=55&auto=format&usm=12&fit=max&s=ea5bd179508d3112440ab829f4827957
Manning is a writer and activist, and has written for the Guardian
Photograph: Stephen Lovekin/Rex/Shutterstock
 
 
 
 
 
 
 
 
 
 
 
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Chelsea Manning eyes U.S. Senate seat for Maryland

Manning, who was granted clemency by former U.S. President Barack Obama, was released in May from a U.S. military prison in Kansas where she had been serving time for passing secrets to the WikiLeaks website in the biggest breach of classified data in the history of the United States.

Democratic Senator Ben Cardin was elected in 2006 to that seat and is expected to run for re-election this year. He is the senior Democrat on the Senate Foreign Relations Committee.

Cardin was easily re-elected in 2012, beating his Republican challenger by 30 points in the heavily-Democratic state.

Manning had been working as an intelligence analyst in Iraq. She was convicted by court-martial in 2013 of espionage and other offenses for furnishing more than 700,000 documents, videos and diplomatic cables to WikiLeaks, an international organization that publishes information from anonymous sources.

She came out as transgendered shortly after her sentencing, but the military denied her request for hormone therapy treatment while behind bars. She was placed in solitary confinement after attempting suicide twice.

Reporting by Lesley Wroughton and Rick Cowan; Editing by David Gregorio

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***///

 

This traitorous piece of trash is a waste of skin & oxygen.  <_<

 

How many American & Allied Soldiers lost their lives due to this monster...?  :angry:

 

ho'bummer 'pardons' this piece of crap and unleashes it on our American landscape. :facepalm3:

Where's a bolt of lightening when ya need one..?:deadhorse:

This just in...... 'Chelsea appoints Bo Berghdal as Chief Campaign Strategist.' 

 

.

 

 

Edited by SgtFuryUSCZ
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Perhaps we need a new amendment.....

 

Q: Can a convicted felon serve in elected office?

A: The Constitution allows a convicted felon, such as Alaska Sen. Ted Stevens, to be a member of Congress, even if in prison. It’s up to the Senate or House to decide who may serve. As for state offices, different laws apply in different places.

 

FULL ANSWER

Alaska Sen. Ted Stevens was convicted on seven felony counts of corruption in late October. Stevens ran for reelection Nov. 4 against Democrat Mark Begich, and the two are awaiting the official results, as votes are still being counted. Begich’s lead increased to about 1,000 votes on Nov. 15, however.

It is possible for a felon to serve in the U.S. Congress – but the House and Senate can vote to expel any member that colleagues deem unfit or unqualified to serve.  And even if Stevens does end up winning the election in Alaska, he faces a probable expulsion vote in the Senate. He says he’ll appeal his conviction, and he has yet to be sentenced.

Update: Begich was declared the winner of the election on Nov. 18.

Federal office qualifications are governed by the Constitution, while state-level office rules vary according to state laws.

Federal Office Holders

The Constitution requires that members of the House and Senate fulfill three requirements:

  • All members of the House must be at least 25 years old, and members of the Senate must be at least 30 years old.
  • Members of the House must have been a U.S. citizen for at least seven years, and members of the Senate must have been a U.S. citizen for at least nine years.
  • They have to be an "inhabitant" of the state "when elected."
As a result, according to the Congressional Research Service, committing a crime cannot constitutionally disqualify someone from serving in Congress. And the state has no say in determining whether or not someone is qualified to serve in the House or Senate:
 

CRS: ince a State does not have the authority to add qualifications for federal offices, the fact of conviction, even for a felony offense, could not be used to keep a candidate off of the ballot under State law either as a direct disqualification of convicted felons from holding or being a candidate for office, or as a disqualification of one who is no longer a “qualified elector” in the State. Once a person meets the three constitutional qualifications of age, citizenship and inhabitancy in the State when elected, that person, if duly elected, is constitutionally “qualified” to serve in Congress, even if a convicted felon.

Prison is not a bar to running for federal office, either. In 1798, Rep. Matthew Lyon ran for Congress from prison and won. He assumed his seat in Congress after serving four months in prison for "libeling" President John Adams. An effort was made to expel Lyon from the House, but it failed.

Ultimately, it is up to the House or Senate chamber to determine whether or not an elected official is qualified to serve if a challenge is raised.

State-Level Office

The qualifications for state-level office are determined by state law. In Texas, for example, barring a pardon or other, formal "judicial release" from felon status, an individual convicted of a felony cannot run for public office, even though he or she may be able to vote. In Connecticut, according to staff attorney Ted Bromley with the state’s secretary of state office, a former felon can have the right to vote, run for office and serve in elected office restored if the person has paid all penalties or served all sentences in full and is not on parole. To determine whether you are eligible to run for or hold public office (there has been at least one case in which a person has been allowed to run, but not hold elected office), check with your state’s secretary of state’s office. 

– Emi Kolawole

Sources

U.S. Constitution, Article I.

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6 minutes ago, md11fr8dawg said:

Come on Sgt lighten up and give the thing a break. Va allows convicted felons to vote (at least Terry Mcauliffe was wanting that law passed and I believe it did), so why not hold public office. After all, that passes the DemoRats character test by a mile. You are just not forgiving enough Sgt!!!

***///

:lol::P  Tru dat !  :tiphat:

The 'new' demoncrat party's standards are pretty low !

 

.

Edited by SgtFuryUSCZ
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6 minutes ago, md11fr8dawg said:

Hey BA, maybe I am splitting hairs, but to me corruption is bad enough, but espionage is treasonous. And that law needs to be changed. However I am not surprised that ole" Bridge to Nowhere" Stevens got caught with his hand in the cookie jar. Never have care much for him.

 

I agree 100% In the old days they hung people for treason. Even the deserter Sgt. Bowe Bergdahl they let off was a disgrace. GIs lost their lives looking for the walk away loser.

Here is a list that is mind boggling.

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

 

B/A

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22 hours ago, bostonangler said:

Perhaps we need a new amendment.....

 

Q: Can a convicted felon serve in elected office?

A: The Constitution allows a convicted felon, such as Alaska Sen. Ted Stevens, to be a member of Congress, even if in prison. It’s up to the Senate or House to decide who may serve. As for state offices, different laws apply in different places.

 

FULL ANSWER

Alaska Sen. Ted Stevens was convicted on seven felony counts of corruption in late October. Stevens ran for reelection Nov. 4 against Democrat Mark Begich, and the two are awaiting the official results, as votes are still being counted. Begich’s lead increased to about 1,000 votes on Nov. 15, however.

It is possible for a felon to serve in the U.S. Congress – but the House and Senate can vote to expel any member that colleagues deem unfit or unqualified to serve.  And even if Stevens does end up winning the election in Alaska, he faces a probable expulsion vote in the Senate. He says he’ll appeal his conviction, and he has yet to be sentenced.

Update: Begich was declared the winner of the election on Nov. 18.

Federal office qualifications are governed by the Constitution, while state-level office rules vary according to state laws.

Federal Office Holders

The Constitution requires that members of the House and Senate fulfill three requirements:

  • All members of the House must be at least 25 years old, and members of the Senate must be at least 30 years old.
  • Members of the House must have been a U.S. citizen for at least seven years, and members of the Senate must have been a U.S. citizen for at least nine years.
  • They have to be an "inhabitant" of the state "when elected."
As a result, according to the Congressional Research Service, committing a crime cannot constitutionally disqualify someone from serving in Congress. And the state has no say in determining whether or not someone is qualified to serve in the House or Senate:
 

CRS: ince a State does not have the authority to add qualifications for federal offices, the fact of conviction, even for a felony offense, could not be used to keep a candidate off of the ballot under State law either as a direct disqualification of convicted felons from holding or being a candidate for office, or as a disqualification of one who is no longer a “qualified elector” in the State. Once a person meets the three constitutional qualifications of age, citizenship and inhabitancy in the State when elected, that person, if duly elected, is constitutionally “qualified” to serve in Congress, even if a convicted felon.

Prison is not a bar to running for federal office, either. In 1798, Rep. Matthew Lyon ran for Congress from prison and won. He assumed his seat in Congress after serving four months in prison for "libeling" President John Adams. An effort was made to expel Lyon from the House, but it failed.

Ultimately, it is up to the House or Senate chamber to determine whether or not an elected official is qualified to serve if a challenge is raised.

State-Level Office

The qualifications for state-level office are determined by state law. In Texas, for example, barring a pardon or other, formal "judicial release" from felon status, an individual convicted of a felony cannot run for public office, even though he or she may be able to vote. In Connecticut, according to staff attorney Ted Bromley with the state’s secretary of state office, a former felon can have the right to vote, run for office and serve in elected office restored if the person has paid all penalties or served all sentences in full and is not on parole. To determine whether you are eligible to run for or hold public office (there has been at least one case in which a person has been allowed to run, but not hold elected office), check with your state’s secretary of state’s office. 

– Emi Kolawole

Sources

U.S. Constitution, Article I.

 

New Amendment?!!!!........You mean an addition or CHANGE to a document or law?  ;)

 

GO RV, then BV  

Edited by Shabibilicious
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So are you going to violate the Senator oath of office too? You already violated your enlisted oath, why should we not believe that you will do it again??? "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
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Former Military Lawyers: Chelsea Manning Subject To Prosecution For Running For Office

 

Chelsea Manning has filed to run for Senate as a Democratic candidate in Maryland, but such a run subjects Manning to prosecution for violating Pentagon regulations on political activities, according to former military lawyers.

Manning, the transgender soldier who spent seven years in prison for leaking more than 700,000 sensitive documents to WikiLeaks, recently filed paperwork with the Federal Election Commission and is seeking the Democratic Party’s nomination for the Senate seat in Maryland currently occupied by Democratic Sen. Ben Cardin, a two-term senator.

In a Thursday tweet, Manning posted a certificate of candidacy obtained from the Maryland State Board of Elections, an important and required step in the process of running for Senate. One of the lines of the certificate states: “I am a registered voter and a citizen of Maryland and meet all other requirements for the above listed office.”

The website of the state board shows that Manning filed in Annapolis on Thursday, which is far in advance of the late February deadline and raises the stakes for the Democratic primary in Maryland set to begin at the end of June.

 
 

As part of the coverage of Manning’s filing with the FEC and state board, virtually every media organization has declared that Manning is a former Army private. In fact, as the Army confirmed to The Daily Caller News Foundation in September 2017, Manning remains an active-duty soldier, albeit on excess leave and in a non-pay status while his appeal of a general court-martial for violating the Espionage Act and other orders is underway. And as ABC News noted in May 2017, Manning must remain in an active-duty status while the appeal process continues.

Manning was originally sentenced to 35 years in prison, but then-President Barack Obama commuted the sentence as one of his last acts in office, freeing Manning from a military prison in Kansas.

The Army further stated that Manning holds an active-duty identification card and acknowledged his status and access to government health care prior to his release.

While Manning’s felony conviction does not appear to automatically disqualify a run for office, his active-duty status presents a much more troubling issue. Such a status, in other words, has enormous implications for engaging in any kind of political activity, especially a Senate run.

 

Dru Brenner-Beck, retired Army judge advocate general and president of the National Institute of Military Justice, told The Daily Caller News Foundation that on the face of it, Manning is prohibited by Department of Defense regulations from running for office while serving in an active-duty capacity. The only exception is if Secretary of Defense James Mattis grants explicit permission, a power that cannot be delegated by a secretary to anyone else.

According to Brenner-Beck, the regulation in question is DOD Directive 1344.10 Directive 1344.10, Political Activities by Members of the Armed Forces, dated Feb. 9, 2008, para. 4.2.2.

“That paragraph is punitive and violation of it subjects her to courts-martial for violation of a lawful order or regulation under Article 92,” Brenner-Beck told TheDCNF. “Her activities campaigning for herself and fundraising for herself may also violate other provisions of the DoD Directive, themselves separately punishable under the UCMJ, art. 92.”

Brenner-Beck added that prosecution in this case is a “discretionary decision by her chain of command.”

Victor M. Hansen, law professor at New England Law and former military lawyer, also agreed that Manning’s run for office is legally prohibited and could result in prosecution.

“It’s prohibited for the obvious reason that you don’t want someone serving two masters on active-duty,” Hansen stated. “But in Manning’s case, it’s less of a concern, because she’s on excess leave – she has less connection with the military than GOP Sen. Lindsey Graham did when he was an Air Force reserve judge advocate general and certainly less than Army Lt. Gen. H.R. McMaster does while serving as national security adviser to Donald Trump.”

If the Pentagon declines to prosecute, it’s possible that other active-duty members of the military will assume that running for office or engaging in political campaigns or advocacy in ways that overstep the bounds of regulations won’t be met with much resistance.

But Hansen doesn’t think someone as outlandish as Manning would inspire other active duty service members to violate DOD regulations and run for political office, in addition to other prohibited forms of political involvement. For Hansen, Manning is a bit of an exceptional case.

Brenner-Beck, however, believes that prosecution under the Trump administration is not out of the question because of Trump’s active involvement in disparaging Bowe Bergdahl, who was on trial for desertion and misbehavior before the enemy in Afghanistan. Brenner-Beck believes Bergdahl represents a blatant example of disregarding the principle of avoiding unlawful command influence. Trump blasted Manning in January 2017 after Obama commuted his prison sentence, calling him an “ungrateful traitor” who never should have been released.

Hansen also warned of the possibility of outside pressure on Manning’s chain of command.

“There’s always the risk that somebody could put pressure on that commander or take it to a higher level and prosecute at that level, so there is a risk of unlawful command influence,” Hansen said. “If someone were to decide that we want to bring charges for Manning on this, that would be the very thing I would look into — who made the decision, why, and was there any outside pressures from above.”

According to Hansen, the Army likely wants the issue of Manning to fade away from the public spotlight rather than having a commander take the time to open an investigation.

In his first interview since filing paperwork with the FEC, Manning denied that the run was merely a PR stunt and insisted that despite Cardin’s popularity and strong base of support, he is dead-set on both running and winning.

“We know it’s a real fight ahead of us,” Manning told The Guardian. “We do want to win, but if we lose our principles then winning wouldn’t matter.”

Manning’s main political positions include closing down all prisons, providing free health care and opening U.S. borders to all immigrants.

“We shouldn’t be denying the absolute right to come into the United States,” Manning told the Guardian. “You have a right, everybody does.”

It remains to be seen how other political entities will handle a prohibited run for office. So far, Democratic Sen. Ben Cardin, the incumbent Manning is attempting to challenge, has only stated: “Senator Cardin is looking forward to a vigorous debate of the issues and a robust conversation with Maryland voters.”

Cardin’s office did not respond to a request for comment on Manning’s eligibility to run, neither did the Democratic Party of Maryland.

The Army refused to comment to TheDCNF.

Chelsea Manning did not respond to TheDCNF’s request for comment.

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