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Chelsea Manning ordered to be released [pdf]

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Re: Chelsea Manning ordered to be released [pdf]

#152
post #143

Earlier quoted context omitted.

How was Clinton testifying also him refusing to testify? Your claims differ from history.

From this point forward: https://www.google.com/amp/s/www.nytimes.com/2019/04/24/us/p... the DOJ has allowed the WH to refuse to comply with a bunch of subpoenas, and there's no amount of partisan rhetoric that can hide that fact. It's simply not up for debate, sorry. That said, I don't know what are they standing on to be able to do that without any court just sending them all to jail.

https://legal-dictionary.thefreedictionary.com/executive+pri...

"The right of the president of the United States to withhold information from Congress or the courts."

The article you mentioned cites executive privilege multiple times, and describes how it is unclear what the boundaries are. Simply saying "The House issued a subpoena and therefore the executive branch must comply" is just as invalid as "The executive branch can ignore all subpoenas".

Re: Chelsea Manning ordered to be released [pdf]

#153
post #87

I sure hope she leaves the country after this. This will keep happening for the rest of her life. You really don't want to run afoul of the security apparatus.

Running afoul of the "security" apparatus is exactly what we need to do a lot more of if all of this technological innovation is to mean anything.

Re: Chelsea Manning ordered to be released [pdf]

#154
post #143

Earlier quoted context omitted.

From this point forward: https://www.google.com/amp/s/www.nytimes.com/2019/04/24/us/p... the DOJ has allowed the WH to refuse to comply with a bunch of subpoenas, and there's no amount of partisan rhetoric that can hide that fact. It's simply not up for debate, sorry. That said, I don't know what are they standing on to be able to do that without any court just sending them all to jail.

https://legal-dictionary.thefreedictionary.com/executive+pri... "The right of the president of the United States to withhold information from Congress or the courts." The article you mentioned cites executive privilege multiple times, and describes how it is unclear what the boundaries are. Simply saying "The House issued a subpoena and therefore the executive branch must comply" is just as invalid as "The executive…

Look, I'm asking for an actual memo here, I'm not interested in playing whatever game you seem to want to play.

Can you help me find this thing please?

Re: Chelsea Manning ordered to be released [pdf]

#156
post #120

What's the legal reasoning (if there's any) to keep her locked up and ruin her financially while not being able to swing the same punishment at all those people who refused to testify in the recent impeachment?

My understanding is the Manning was refusing to testify to the Wikileaks/Assange grand jury - so this was basically being held for contempt of court.

Re: Chelsea Manning ordered to be released [pdf]

#157
post #149
post #141

Earlier quoted context omitted.

I believe it has to do with the paperwork you sign when you enlist. Basically waiving a lot of your normal American rights.

and ironically, to have a decent democracy you get even more privileges when you sign up on the political side. makes you wonder if the side that can do less damage (enlisted serviceman) require the more draconian agreement after all.

Speaking in the most general sense possible, having your armed forces firmly under control is traditionally a core part of staying in power; it's also very generally true that no person making the rules is going to actively hinder their own ability to keep doing so.

That's why it's super important to keep them aware that the little people are watching and taking notes; that's literally the only trump card we all have.

Re: Chelsea Manning ordered to be released [pdf]

#158
post #120

What's the legal reasoning (if there's any) to keep her locked up and ruin her financially while not being able to swing the same punishment at all those people who refused to testify in the recent impeachment?

I looked at all of the replies, but none of them mentioned the basic difference between a court proceeding (with lots of legal precedent) and a congressional impeachment (where they decide upon the rules they'll use, and are not bound by the Federal Rules of Civil Procedure). (I'm trying very hard to keep this comment non-partisan. I think I did it.)

Re: Chelsea Manning ordered to be released [pdf]

#159
post #120

What's the legal reasoning (if there's any) to keep her locked up and ruin her financially while not being able to swing the same punishment at all those people who refused to testify in the recent impeachment?

I looked at all of the replies, but none of them mentioned the basic difference between a court proceeding (with lots of legal precedent) and a congressional impeachment (where they decide upon the rules they'll use, and are not bound by the Federal Rules of Civil Procedure). (I'm trying very hard to keep this comment non-partisan. I think I did it.)

The concrete thing I can't find anywhere is the actual, on-paper set of rules this people set up, ideally grafted to some kind of explanation on why this ruleset made any sense in context.

Re: Chelsea Manning ordered to be released [pdf]

#160
post #141

Earlier quoted context omitted.

I believe it has to do with the paperwork you sign when you enlist. Basically waiving a lot of your normal American rights.

> Basically waiving a lot of your normal American rights. "waiving your rights" is a very weird concept, particularly in the "land of the free".

The US armed forces are not run as a democracy; it is an oligarchical tiered serfdom as near as I can peg it. When you sign up, nearly everything you agree to is in a binding legal contract with the US government, and if you breach contract, it is very different than breaching a normal contract. Part of that contract is that normal courts of law and their rules are secondary to military courts and all of their very, very power imbalanced rules.

Source: myself, a decade in the Marine Corps, witness in several Non Judicial Punishment cases, and one Courts Martial case.

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