LAW OFFICES OF

FREEDMAN BOYD HOLLANDER GOLDBERG URIAS & WARD
20 FIRST PLAZA, SUITE 700
ALBUQUERQUE, NM 87102
TELEPHONE

P .A.

MAILING ADDRESS:

(505) 842-9960

P.O.

Box 25326

ALBUQUERQUE, NM 87125-0326

fACSIMILE

(505) 842-0761
VINCENT J. WARD
yj\Y.@lfu.9.!.?.:~.:f9.ill

November 10, 2016

Via Fed- Ex

Office of the Pardon Attorney
Attn: Mr. Zuazmer
145 N. Street N.E.
Room 5E.508
Washington, D.C. 20530
Re: Clemency Application for Ms. Chelsea Manning
Dear Mr. Zauzmer,
On behalf of our client, Ms. Chelsea Manning, please find the enclosed application for
the commutation of Ms. Manning's court-matiial sentence to time served. Included in the
application are letters of support from Daniel Ells berg, Morris Davis, and Glenn Greenwald, the
unclassified pottions of her appellate brief to the Army appellate court, and excerpts from the
court-martial, including her statement of apology to the military judge. As you will see in the
application, Ms. Manning is well into the sixth year of a thirty-five year sentence for disclosing
classified information to the media with the intention of raising public awareness about issues
she found concerning, including the impact of war on innocent civilians.
We acknowledge that this is Ms. Manning's second clemency application and that her
appeal is still pending, but we urge the President to carefully consider and grant her request.
President Obama has taken admirable steps to provide many criminal offenders with a "second
chance" through his clemency powers. If approved, Ms. Manning will have a first chance to live
a real, meaningful life.
Ms. Manning has never made excuses for disclosing classified materials to the news
media. She accepted responsibility at trial by pleading guilty without the benefit of a plea
agreement, an unusual act of courage in a case such as hers. Despite pleading guilty, the military
prosecutors sought to characterize Ms. Manning's behavior as treasonous, an effort that
ultimately failed. Unfortunately the trial had become a public spectacle, and with the Army under

 FREEDMAN BOYD HOLLANDER GOLDBERG URIAS & WARD P.A.
November 10, 2016

great scrutiny, the active duty military judge sentenced Ms. Manning to thirty-five years
confinement.
Unlike in federal criminal cases, military judges in courts-martial do not have the benefit
of sentencing guidelines and do not rely on historical precedent for sentencing decisions. It is a
vestige of an outdated military justice system that in most cases is non-prejudicial because the
vast majority of courts-martial concern routine offenses or uniquely military misconduct. In a
case like Ms. Manning's, however, a military judge has no way of knowing what constitutes fair
and reasonable punishment.
Nor did the military judge appreciate the context in which Ms. Manning committed these
offenses. Ms. Manning is transgender. When she entered the military she was, as a young adult,
attempting to make sense of her feelings and place in the world. Ms. Manning's difficulties were
compounded by the reality that the military at the time was not a welcoming place for
transgender men and women. This caused Ms. Manning considerable grief because she wanted
to serve her country, but to do so she had to suppress her true self and feelings. Also during this
time many of Ms. Manning's fellow soldiers teased and bullied her because she was "different."
While the military culture has improved since then, these events had a detrimental effect on her
mentally and emotionally leading to the disclosmes.
Ms. Manning is currently involved in litigation over her access to therapy for gender
dysphoria. She merely wants to live openly as a woman, and even though the military has finally
opened its doors to transgender men and women, the government has flercely fought Ms.
Manning's efforts. The Army even opposed Ms. Manning's request to use her legal name,
Chelsea, and to refer to her with female pronouns, during the course of the appeal. Thankfully
the military appellate court rejected the Army's draconian position. Even after the
Administration's efforts to diversify and bring tolerance to the military, Ms. Manning still fights
daily for her right to be identified as a woman. This fight has taken a great toll on her.
Since Ms. Maiming's arrest she has been subjected to torturous conditions while in
military confinement. For nearly a year Ms. Matming was held in solitary confinement while
awaiting trial, and since her conviction, has been placed in solitary confinement for an attempted
suicide. This conflicts with the President's mandate to halt the use of solitary confinement for
any purpose. The United Nations has taken up the fight against the use of solitary confinement.
As the former U.N. special rapporteur on torture, Juan Mendez, explained, "[solitary
confinement] was a practice that was banned in the 19th century because it was cruel, but it made
a comeback in the last few decades." This Administration should consider Ms. Manning's prison
conditions, including the significant time she spent in solitary confinement, as a reason for
reducing her sentence to time served.
Our military leaders often say that their most important job is to take care of their service
members, but no one in the military has ever truly taken care of Ms. Manning. This application

2

 FREEDMAN BOYD HOLLANDER GOLDBERG URIAS & WARD P.A.

November 10,2016
presents an opportunity for the President, as Commander in Chief, to take care of one of his
soldiers. Ms. Manning's request is reasonable - she is merely asking for a time served sentence the result of which would still place her off the charts for an offense of this nature. She will be
left with all of the other consequences of the conviction, including a punitive discharge, a
reduction in rank, and the loss of veteran's benefits.
The government has wasted considerable resources on Ms. Manning's prosecution,
including by proceeding in a months long trial that resulted in a not-guilty verdict as to the most
serious allegations, and by fighting Ms. Manning's efforts to obtain treatment and therapy for
gender dysphoria. She has spent over six years in confinement for an offense that in any other
civilized judicial system would have resulted in at most a few years of prison time.
Therefore, we urge you to grant Ms. Manning's request for the commutation of her
court-martial sentence to time served.

V\Jery ~uly yours,

'\
VINCENT .
NANCY HOLLANDER

VJW/rt
Enclosures
cc: U.S. Army
Secretary of the Army
Department of the Army
ATTN: OT JAG-CLD
Pentagon
Washington, DC 20310

3

  

Please read the carefully before couple!ng the application. Type or print the unmars z'n ink.
Each question mus: be answm'edful?l, truthfully and accurately. Effie apace?n? any answer is inszgiicr?em?, you may
complere the anmer on a separme sheet ofpaper and Mack ft to the peiition. You may wreck any addifional do?umentan'on
fhatyou believe is relevant to your pen?lfon. The submissiori ofmry material. fake hy?vrma?on by up fo?ve

years? Imprisonment and a?ne .9an more {ham $250,000 1001 and 3571.

Relief suught: (cheek one)

E3 Reduction of Prison Sentence Only El Reduction of Prison Sentence and Remission
El Remission of Fine and/0r Restitution Only El Other

 

To The President of the United States:

The undersigned petitioner, a Federal prisener, prays for commutation of sentence and in
support thereof states as follows:

 

 

1. Fullname: CHELSEA ELIZABETH 
First Middle Lax!
Reg. No. 892893140 ARMY) Social Security No.-

 

UNITED STATES DESCIPLINARY BAR RACKS,
Confined in the Federal institution at FORT LEAVENWORTH, KANSAS
. DE 
Date and mace of Earth: CEMBER 17 1987? OKLAHOMA ITY OKLAHOMA
Are yen a United States citizen EyesEjno
1ny are not a US. cifizen, indicate yam? of citizensth

 

Eyes E3110

Have you ever applie? for commutation of sentence before?
on your

Eye's; strife fife dafew on which you. applied and {he date(s) when you were noti?ed of the ?nal decision
petition(s}.
DATE APPLIED: SEPTEMBER 3. 2013

DATED NOTIFIED: SEPTEMBER 11, 2013

 

FOFWh'i?l'x E?lit"

 

 

IN PART
2. I was convicted on a plea of NOT GUILTY. IN PART in the United States District Court
{fguihjb migzr?o), nola caniendere)
MA ARMY) District of WA ARMY) of the crime of:

 

for the

 

(Northern, H?estem, etc.) stare)

Jammy 2002

{Med Sfafes Deparimem quusliee
O?i?ce of?fe Parabn Airamey
Washington, DC. 20530

Offense s) For Which Commutation Is Sou •ht
CHARGE 1: ARTICLE 134, UNIFORM CODE OF MILITARY JUSTICE (UCMJ), GENERAL ARTICLE (10 U.S.C. § 934}(Slate specific offense(s); proWde citation ofsta/1/te(.t) l•iolaled, If known)
1 SPECIFICATION OF WRONGFUL AND WANTON PUBLICATION TO THE INTERNET INTELLIGENCE BELONGING TO THE U.S.
5 SPECIFICATIONS OF STEALING, PURLOINING OR KNOWINGLY CONVERTING U.S. GOVERNMENT RECORDS (18 U.S.C. § 641};
7 SPECIFICATIONS OF WILLFUL COMMUNICATION OF INFORMATION RELATING TO THE NATIONAL DEFENSE (18 U.S.C. § 793(e)};
2 SPECIFICATIONS OF EXCEEDING AUTHORIZED ACCESS ON A U.S. GOVERNMENT COMPUTER (18 U.S. C.§ 1030(a}(1}); AND,
CHARGE II: ARTICLE 92, UCMJ, FAILURE TO OBEY ORDER OR REGULATION (10 U.S.C. § 892)-5 SPECIFICATIONS

I was sentenced on AUGUST 2\
(month/day)

0 a fine of$

2013 ,

to imprisonment for· _3;;.;5::....Y..:....E:::A..::R~S=--------' to pay

(year)

N/A

,

0 restitution of$ _N_IA_ _ _ _ _ _ _ _, and to

(do not include special a8sessment)

0 supervised release ot· 0 special parole for _N_I_A_ _ _ _ _ _ _, and/or to probation for
_N_IA___,,............,..-,-----·

I was _2_2_ _ _ _ _ years of age when the offense was committed.

(lengtlt of senrence)

3.

I began set-vice of the sentence of imprisonment on

MAY 27 ~ -2013
(month/day)

be released from confinement on NOVEMBER
(m~nthlday)

and I am projected to

(year)

2039
(.vear)

Arc you eligible for parole?

Dyes~no

Jfyes, indicate the date when you became eligible for release, and state whether your application for parole was
granted or denied
N/A
----------~~-----------------------------------------------------=~-=~-

Have you paid in full any fine or restitution imposed on you?

DyesDno

lftheflne or restituNon has not been paid in full, state the remaining balance.
N/A

4.

Did you appeal your conviction or sentence to the United States Court of
Appeals'!

Is your appeal concluded?
Dyes~no
Ifyes, indicate whether your conviction or sentence was affirmed or reversed, the date of the decision, and the
citation(s) to any published court opinions. Provide copies ofany unpubll:~hed court decisiom· conceming such
appeals, {f they are available to you.
N/A

Did you secl' review by the Supreme Court?

Dyes ttl no

Is your appeal concluded?

Dyesltlno

Ifyes, indicate whether your petition was granted or denied and the date of the decision.
N/A

Petition for Commutation a/Sentence

Page2

 Olltmsc(s) J?or :\Vbicb Commutation is Souobt

Have you filed a chalJenge to your conviction or sentence under 28 U.S. C. § 2255
(habeas corpus)'!
Oyes0no
Is your challenge included?

Dyes0no

f.fyes, indicate whether your motion was granted or denied, the date ofthe decision, and the citation(s) to any
published court opinions, if known. Provide copies ofany unpubh~·hed court decisions concerning such motions, if
they are available to you. Jfyou have filed more than one post-conviction motion, provide the request it1formation
for each such motion.
N/A

5.

Provide a complete and detailed account of the ofl'cnse for which you seck commutation,
including the full extent of your involvement. If you need more space, you may complete
your answer on a separate sheet of paper and attach it to the petition.
SEE ATTACHED DOCUMENTS

Petition for Commutation ofSentence

PageJ

 Other Criminal Record
6.

Aside from the offense for which commutation is sought, have you ever been arrested or
taken into custody by any law enforcement authority, or convicted in any court, either as a
Dyes0no
juvenile or an adult for any other incident?
For each such incident, provide: the date, the nature of the charge, the law enj01·cement authority involved, and the
final disposition ofthe incident. You must Ust eve1y violation, including traffic violations that resulted arrest or in
an criminal charge, such as driving under the influence.

Arrests:
N/A

Convictions:
N/A

Petition for Commutation ofSentence

Page4

 Um1sons for Sccldng Clemency
7.

State your reasons for seeking commutation of sentence. If you need more space, you may
Complete your answer on a separate sheet of paper and attach it to the petition.

SEE ATTACHED DOCUMENTS

----------------------------------------------------------------------

Petition for Commutation ofSentence

Page5

 Certification and l,crsonal Oath

I hereby certify that all answers to the above questions and all statement contained herein are tiue
and correct to the best of my knowledge, information, and belief. I understand that any intentional
misstatements of material facts contained in this application form may cause adverse action on my
petition for executive clemency and may subject me to criminal prosecution.

Respectfully submitted this

O:f]j

day of r-JO Vf M~~
(month)

Petition for Commutation ofSentence

?-rt>1-1:. .
{year)

Page6

 Additional Information in Support of Manning's Application for Clemency
Three years ago I requested a pardon related to my conviction for disclosing
classified and other sensitive information to the media out of concern for my country, the
innocent civilians whose lives were lost as a result of war, and in support of two values
that our country holds dear- transparency and public accountability. As I reflect on the
prior clemency petition I fear my request was misunderstood.
As I explained to the military judge who presided over my trial, and as I have
reiterated in numerous public statements since these offenses occurred, I take full and
complete responsibility for my decision to disclose these materials to the public. I have
never made any excuses for what I did. I pleaded guilty without the protection of a plea
agreement because I believed the military justice system would understand my
motivation for the disclosure and sentence me fairly. I was wrong.
The military judge sentenced me to thirty-five years confinement- far more than
I could have ever imagined possible, as there was no historical precedent for such an
extreme sentence under similar facts. My supporters and legal counsel encouraged me to
submit a clemency petition because they believed the conviction itself coupled with the
unprecedented sentence was unreasonable, outrageous and out of line with what I had
done. In a state of shock, I sought a pardon.
Sitting here today I understand why the petition was not acted on. It was too soon,
and the requested relief was too much. I should have waited. I needed time to absorb the
conviction, and to reflect on my actions. I also needed time to grow and mature as a
person.
I have been confined for over six years - longer than any person accused of
similar crimes ever has. I have spent countless hours revisiting those events, pretending
as though I did not disclose those materials and therefore was free. This is in part because
of the mistreatment I have been subjected to while confined.
The Army kept me in solitary confinement for nearly a year before formal charges
were brought against me. It was a humiliating and degrading experience - one that
altered my mind, body and spirit. I have since been placed in solitary confinement as a
disciplinary measure for an attempted suicide despite a growing effort- led by the
President of the United States- to stop the use of solitary confinement for any purpose.
These experiences have broken me and made me feel less than human.
I have been fighting for years to be treated respectfully and with dignity; a battle I
fear is lost. I do not understand why. This administration has transformed the military
through the reversal of"Don't Ask Don't Tell" and the inclusion oftransgender men and
women in the armed forces. I wonder what I could have been had these policies been
implemented before I joined the Army. Would I have joined? Would I still be serving on
active duty? I cannot say for sure.
But what I do know is that I am a far different person than I was in 2010. I am not

1

 Additional Information in Support of Manning's Application for Clemency
Bradley Manning. I really never was. I am Chelsea Manning, a proud woman who is
transgender and who, through this application, is, respectfully requesting a first chance at
life. I wish I were strong and mature enough to realize this back then.
This journey has been difficult. You see, I have struggled with my gender identity
throughout my entire life. I have - for many years - been overcome with intense feelings
of loss, frustration, loneliness, and discomfort with my body and role in society. When I
was younger, I did not understand. But from an early age I had a vague sense that I was
somehow "different."
Growing up in the small town of Crescent, Oklahoma, I was often picked on and
made fun of at home, at school, and on the school bus for my effeminate mannerisms and
speech. I was called "girly-boy," "faggy," "bent," and "crooked" by other kids in town.
The adults had veiled phrases that I did not understand at the time, such as being "light in
the loafers," or "special." It was clear that I was different, especially from what my boy
peers expected, and even from what parents and teachers expected.
By middle school, I desperately wanted to fit in. I volunteered for virtually
everything that was considered traditionally masculine at school and by my friends. I
spent a lot of time focused on fitting in, and presenting myself as a real "boy," and then a
real"dude." Through all of this, I learned how to suppress a lot of my more feminine
features from my personality. I focused on academics, especially the social sciences,
history, science, mathematics, and-later-computer science.
After my parents divorced when I was 11 or 12, I moved in with my mother to the
United Kingdom. While there, my sense of alienation during my teenage years was
further exacerbated. Every single day, I was an American in a British school- and, more
than that- I was a "feminine" American guy.
However, during these years, I had a secret. I was cross-dressing on an almost
weekly basis at times. After "indulging" myself with looking feminine in the mirror, I
would feel ashamed. I would get angry at myself. Then I would purge all of the
cosmetics, clothing, and accessories. I would throw them away into a random dumpster in
my neighborhood. I would swear to myself that I would never do it again, only to return
to it a few weeks later.
By the time I finished school, I accepted that I had an attraction to guys and
identified as an openly gay kid. Unfortunately, even after coming out, I still felt unsettled.
I started experimenting with looking more androgynous, trying to push the boundaries of
what I could get away with through fashion. I dyed my hair black and let it grow longer. I
started wearing eyeliner in public. Despite crossing these boundaries, though, I was still
trying to fit in as a male.
After I moved back to the United States, I was living with my father and his new
wife. While experimenting, friction developed between me - an increasingly flamboyant
and showy young adult- and my father's wife. She was not accepting of me. We had

2

 Additional Information in Support of Manning's Application for Clemency
many arguments and fights. Eventually, I was kicked out of the house. I became
homeless.
I lived a somewhat nomadic life for the next several months. I roamed through the
mid-west. This included Tulsa, Oklahoma; Joplin, Missouri; St. Louis, Missouri;
Springfield, Illinois; Rockford, Illinois; and finally Chicago, Illinois. These times were
rough. There were many nights that I was afraid of getting robbed of what little I had, or
raped, or even worse.
Thankfully, after a few stressful months of surviving on the streets, my paternal
aunt in Maryland found me. She called dozens of people, eventually tracking down
someone who had my cell phone number that I was using in Chicago. She offered to let
me live with her. I accepted her generous offer. But, I did not have enough money to
travel. She wired me just enough money to drive to Maryland. She saved me.
After settling in Maryland, I started going to a local community college and
working odd-hours jobs in food and sales. I was a barista, a clothing store associate, and a
full time student- all at the same time. I worked or studied over 100 hours each week. I
tried very hard to get ahead, but I soon burned out.
While going through another phase of experimentation, I started seeing a
psychologist to discuss my gender identity. I knew what "transgender" meant, but I had
incorrect assumptions about trans women. Terrified, even after seeing her for a few
sessions, I avoided the topic entirely. I kept suppressing my restlessness.
By this time, I was seriously contemplating the possibility of a gender transition. I
had the rough idea of a plan. I mulled over the idea of living full-time as a woman and
starting hormones. I had only a few hundred dollars in my pocket, and virtually no
resources readily available to me. After years of harassment growing up, I was socially
conditioned to avoid even talking to a psychologist. I knew I needed help. I was afraid to
get it. I also worried it might not be available to me. I was terrified. I was afraid I would
lose the support of my aunt. I did not recognize unconditional love when it was right in
front of me.
This was the summer of the "surge" in Iraq. Major developments in the conflict
received blanket coverage on my aunt's television every night. I began to wonder about
joining the military. When things were looking bleak, I thought, "maybe I can help out."
One day, with a little nudging from my father over the phone, who served in the U.S.
Navy many years before, I walked into a joint military recruiting center in Rockville,
Maryland.
During the recruitment process, I chose the military job of "all-source intelligence
analyst" for the U.S. Army. I chose this field because of my interest in international
politics, foreign policy, counterterrorism tactics, and counterinsurgency strategy. I was
also trying to avoid being pigeonholed into an information technology job, largely a
support role. I wanted to be more involved in the actual operations of the conflict.

3

 Additional Information in Support of Manning's Application for Clemency

I officially enlisted in the U.S. Army in secret. I did not tell anyone in my family
until after I had enlisted. Over a long, emotional dinner, I told my aunt. She was
devastated, but she accepted my decision. After in-processing at Fort Meade, Maryland, I
reported for basic combat training at Fort Leonard Wood, Missouri.
I was woefully unprepared for the military. I was neither physically nor mentally
prepared for the training. I developed a neurological issue in my right arm and left foot. I
was placed into a medical hold status for several weeks. This extended my basic training
by a couple of months. At one point, I was offered the option ofbeing discharged but I
balked at this option. I instead waited because I wanted to continue my training, which I
eventually returned to and finished.
My intelligence training was at the military intelligence school in Fort
Huachuca, Arizona. My interests in geopolitics and statistical mathematics, as well as my
familiarity with databases and computer networks, suited the job. I quickly adapted and
learned the trade with enthusiasm. After finishing my training, I moved to Fort Drum,
New York, for my first active duty assignment.
Even during the basic training process, my military peers knew about my
vulnerability. In close quarters, they tried to find out which buttons to push. I often
ignored the rumors, the taunts, and the loaded comments. The institution as a whole didn't
help.
This was the era of the "Don't Ask, Don't Tell" law and policy. It seemed that
even title 10 of the U.S. Code was teasing me. I lived through it all. I did not complain. I
rarely fought back. The few times I did fight back, I ended up being the bad guy. Some
pointed the finger and said "angry," "crazy," "unstable." The truth is that I was hurt. I did
not yet realize just how much, though. I just knew I had to "suck it up" and "drive on."
I hoped that the military would somehow "cure" me, or "fix" me. Instead, my
feelings did not go away. They became much more intense, and much more difficult to
act on. I just placed myself into an even more difficult situation. Now I was being cut off
from the few resources and treatments that I was merely embarrassed about seeking
previously. Now, it had the potential to ruin my career; to ruin my life.
I desperately wanted to succeed. I wanted to do great things. I wanted to finish my
time in the military with dignity and respect. But, I just did not fit in anywhere. I was not
very great at being a male. I failed to meet the expectations of a male. This came at an
enormous cost to my emotional, spiritual and physical well-being.
I trained and prepared for nearly a year for a deployment to one of the combat
theaters of the era. First, we were told it was Afghanistan. Suddenly, there was a change
in orders for Iraq. This pivot required a rapid shift in our training and preparations.

4

 Additional Information in Support of Manning's Application for Clemency
Throughout these preparations, I had a boyfriend. I essentially lived two separate
lives. They did not schedule very well together. There were many moments when I had to
leave him on sudden notice from Ithaca, New York, and later Boston, Massachusetts.
On a Global Reaction Force and Homeland Security mission I was supposed to be
"on call" at all times. So, I had to juggle to keep my secret. My colleagues were curious.
They noticed things. They wanted to know where I was going; who I was seeing. I had to
stall. I couldn't lie- but I couldn't exactly tell the truth either. It was a difficult balance to
keep.
Since that time, though, the world has changed. More people know about trans
people. We are more visible and open and active in the world. It was far too early for the
world to understand who I am. Now, I feel left out. I feel alone. I feel lost. I wish I had
received a fair shot at a better life. I wish I could take part in the changes that are
happening now.
Shortly after arriving at the Theater Field Confinement Facility at Camp Arifjan,
Kuwait, I had trouble. At this point in my life, I knew who I was and that I needed
medical and mental health assistance. Yet I was told, this was unavailable. Instead, they
worked off the incorrect assumption that I was "gay," and not transgender. This had the
immediate consequence of being moved into solitary confinement in a metal cage, inside
a tent.
I was completely cut off from the world. I was unsure what was going on, not
even major events, like the status of the Deepwater Horizon oil spill, or the World Cup
were available to me. I also had no idea what I was facing, or whether anyone knew I was
there. I was terrified that I was going to be treated as a male forever. I feared that I could
have disappeared.
The Navy personnel that ran the facility did not help matters. Some of them made
fun of me. Some of them said nasty things that aren't worth repeating. Others tried to
convince me that I was going to be shipped off to Guantanamo Bay, or inside the brig of
a U.S. Navy cruiser.
I left Kuwait for the Marine Corps Base in Quantico, Virginia. I spent the entire
time at the now shut down brig. For over nine months, I was subjected to harsh total
surveillance and control, and lived in solitary confinement. Two U.S. Marines watched
me from behind a one-way window at all times.
Instead of clothing, I was given a "suicide proof' smock and blanket, which were
incredibly uncomfortable. I had no personal items in my cell. If I wanted to use toilet
paper, I had to ask for it from one of the Marines- then I had to return it when I was
finished. I had no soap. I had limited access to toothpaste and a toothbrush -my teeth
have been permanently damaged by this time period. And I had limited access to legal
documents, books, or any other printed material.

5

 Additional Information in Support of Manning's Application for Clemency
I repeatedly asked for help for my gender dysphoria. This was one of the issues
that caused me to spiral out of control in Kuwait. Instead, I believe they used my
diagnosis as a weapon against me. I feel that they used it as a tool to justify their harsh
treatment.
Eventually I was transferred from Quantico to the Joint Regional Correctional
Facility in Fort Leavenworth, Kansas. There, I was no longer subjected to any conditions
remotely like those of Quantico.
After my final sentencing at my court-martial, I publicly came out as a
transgender woman, and started using my new name, which I legally changed a few
months later. I also again requested treatment for my gender dysphoria.
Initially, the Department of the Army fought my request, but after filing a lawsuit
with the assistance ofthe ACLU, the military prison began providing me with some
access to treatment- specifically partial access to a "real-life experience" and hormone
replacement therapy.
At first I was only given access to female undergarments. This was an awful and
embarrassing experience for me. It felt like the prison wanted to have this hidden away. I
began to spiral into anxiety shortly afterward. Then I was provided access to cosmetics.
This was the first visible improvement of my status at the prison. Though it was a little
awkward having short hair, I felt a lot better, but I still needed more. A few months later,
I was provided access to hormone therapy in the form of estrogen and testosterone
blockers. Having access to hormones was a profound and fundamental change in my life.
I finally started to feel like myself.
However, one of the primary issues surrounding my treatment is that I am
required to keep my hair at the male standard. Hair is the most important signifier of
femininity in American society, and it is especially important to me as a person confined
in an all-male environment, so not being given access to this, while receiving other
treatment, has been a never-ending nightmare. This has extended the lawsuit by years
now.
The USDB has made some vague assurances that I will continue to be given
treatment, but I still do not know what this means and it almost certainly will not include
the ability to grow my hair to female standards.
The bottom-line is this: I need help and I am still not getting it. 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. When the USDB placed me in solitary
confinement as punishment for the attempted suicide, I tried it again because the feeling
of hopelessness was so immense. This has served as a reminder to me that any lack of
treatment can kill me, so I must keep fighting a battle that I wish every day would just
end.

6

 Additional Information in Support of Manning's Application for Clemency
I have served a sufficiently long sentence. I am not asking for a pardon of my
conviction. I understand that the various collateral consequences of the court-martial
conviction will stay on my record forever. The sole relief! am asking for is to be released
from military prison after serving six years of confinement as a person who did not intend
to harm the interests of the United States or harm any service members.
I am merely asking for a first chance to live my life outside the USDB as the
person I was born to be.
Thank you for your consideration of my petition.

7

 Morris D. Davis

 

October 1, 2016

President Barack Obama

Attn: Neil Eggleston, Senior White House Counsel
1600 Avenue NW

Washington, DC 20500

Re: Clemency Petition for Private First Class Chelsea Manning

Dear President Obarna,

I write to urge you to grant clemency to Private First Class (PFC) Chelsea Manning, who has been
in military con?nement since May 2010 and is currently serving a 35 year sentence at the US.
Disciplinary Barracks at Fort Leavenworth, Kansas. I urge you to grant clemency by reducing
PFC Manning?s sentence to 10 years, which still sends a strong deterrent message consistent with
good order and discipline in the armed forces, yet allows PFC Manning an opportunity to earn
parole and begin to establish a new life after having paid her debt for her offenses.

I retired from the Air Force as a Colonel in 2008 after serving for 25 years. I was the Chief
Prosecutor for the Military Commissions at Guantanamo Bay, Cuba, from September 2005 until
October 2007 when I resigned rather than use evidence obtained by torture. I completed my
military career serving as the Director of the US. Air Force Judiciary where exercised
supervisory authority over the Air Force military justice system, including the Air Force Clemency
and Parole Program. 1am now an law judge at the US. Department of Labor.

I testi?ed as an expert witness in PFC Manning?s courtwmartial in August 2013. Some of the
charges against her were based upon the disclosure of detainee assessment briefs (DABs) from
Guantanamo Bay. I was familiar with the DABs from my tenure as Chief Prosecutor for the
. Military Commissions.- The defense asked me to review the DABs the prosecution included in

PFC Mamiing?s charges and to check on the internet to see how much of the same factual
information was available through publicly available resources. My review showed that the vast
majority of the information contained in the classi?ed DABs was also available open source and
that in some instances the publicly available information was more accurate and complete than the
information in the DABs. For instance, some of the DABs the prosecution included in the charges
were for detainees from an allin country who had been released years earlier. Those detainees
were the subject of a documentary that was far more detailed than the information in their DABs.

It was my experience as Chief Prosecutor that the DABS were unreliable and had little value.
While I was not directly involved in the intelligence effort, members of the intelligence community
were assigned to the prosecution task force that I led and they had a similar view on the DABs.
For example, the DABs assessed most of the hundreds of detainees as high value, high threat

and/or high risk when it was clear from the evidence most were not. History has shown that less
than five percent of the hundreds of detainees held at Guantanamo could arguably qualify for "the
worst of the worst" label. It was my opinion at PFC Manning's court-martial, as it is now, that the
release of the DABs had no significant adverse impact because the information they contained was
wildly inaccurate and was mostly available through open sources.
I realize that the DABs were just part of the documents PFC Manning disclosed. While I was not
personally involved with all of the other documents, it appears that in the six years since they were
released to the public the impact could fairly be described as inconvenience and embarrassment.
I know that some people consider PFC Manning a hero who has been vilified while others consider
her a traitor who should have gotten worse. I do not ascribe to either one of the aU-or-none
characterizations. PFC Manning signed the same security agreements that I did and there are
consequences for violating those agreements, but the consequences should be fair, just and
proportional to the harm. The primary focus of military justice is the maintenance of good order
and discipline, and a key part of that is detenence. I know of no soldier, sailor, ahman or Marine
who looks at the six-plus years PFC Manning has been confined and thinks he or she would like
to trade places. That is particularly tme of the period PFC Manning was incarcerated at Quantico
under conditions the U.N. Special Rapporteur on Torture called "cmel, inhuman and degrading"
and that led to the resignation of then State Department spokesman P. J. Crowley (Colonel, U.S.
Army, retired) after he called PFC Manning's treatment "ridiculous and counterproductive and
stupid." Reducing PFC Manning's sentence to 10 years will not cause any service member to
think the penalty is so light that it might be worth taking the risk under similar circumstances.
Additionally, there is a long-standing perception in the military of disparate treatment. The phrase
I heard repeatedly from the time I joined the Air Force in 1983 until the time I retired in 2008 was
"different spanks for di±Ierent ranks." I know that it is impossible to fairly compare cases, but
rightly or wrongly there is a perception that senior military officers and senior government officials
who disclose information get sweetheart deals while junior personnel get slammed. There have
been high-profile cases since PFC Manning was sentenced that help perpetuate that notion.
Reducing PFC Manning's sentence to 10 years will not erase the perception, but it will bring the
playing field a little closer to level.
Considering PFC Manning's application for clemency puts you in a position you have been in
many time before- damned if you do, damned if you don't. I encourage you to ask yourself where
is the right place to strike the balance between too little and too much when it comes to punishing
PFC Manning. I tmst that you will consider all of tl}e competing interests and make a decision
that reflects what you believe is justice.
Sincerely,

MORRIS D. DAVIS
(Colonel, U.S. Air Force, retired)

 STATE OF VIRGINIA
COUNTY OF PRINCE WILLIAM

The for?going was acknowledged before me on October 1, 2016, by Morris D. Davis.

 
 
 
 
 
  

Notary Publio:

Printed Nam

 

My Commission Expires

Daniel Ellsberg

    

October 13, 2016

President Barack Obama

Attn: Neil Eggleston, Senior White House Counsel
1600 Avenue NW

Washington, DC 20500

Re: Clemency Petition for Chelsea Manning

Dear President Obama,

I write to request that you grant clemency to Chelsea Manning, who has been in military
con?nement since May 2010 and is currently serving a 35 year sentence at the U.S. Disciplinary
Barracks at Fort Leavenworth, Kansas. 1 am not asking for a pardon, just that she be released

from prison now, after already serving six years.

Although I have not personally met Ms. Manning, I am well aware of her life, her work
and the events that led to her incarceration. I know that Ms. Manning pled guilty to several
crimes, but then was tried and convicted of numerous additional crimes related to the exposing of
classi?ed evidence to the press and therefore the public. I also know that Ms. Manning received

a long sentence of thirty??ve years.

It is my ?rm belief that Ms. Manning disclosed this material for the purpose of
informing the American people of serious human rights abuses, including the killing of innocent
people by United States troops in Iraq. She hoped to begin a dialogue in our democratic society
about the continuation of a war that she believed was wrong and was contributing to illegal acts.

Ms. Manning was also going through a particularly dif?cult time in her life, dealing with 
issues of her sexuality, which made this a particularly vulnerable time for her. To make matters
worse for her, Ms. Manning was incarcerated at Quantico for just under one year under
conditions the UN. Special Rapporteur on Torture called ?cruel, inhuman and degrading.? Now,
she has been ordered to spend another seven days in solitary con?nement as a punishment for her
desperate act of attempting suicide. There is no doubt that these six years have been devastating
to a person who sought nothing more than to inform the American public. She sought no

personal gain from her disclosures.

President Barack Obama
Attn: Neil Eggleston, Senior White House Counsel
September 27, 2016
Page -2-

Ms. Manning has already served six years. This is longer than any other whistleblower in
United States history. Because of that, I believe it is time for her to be released from custody.
Respectfully,

~Gv-t~
CJ
Daniel Ellsberg

STATE OF
) ss.
COUNTY O F - - - - - - - - - '
Daniel Ellsberg, being duly sworn under oath, states that this letter is true and correct:
~~

f'.-

,..,.,_

~.J-.--~__ E;v~
Daniel Ellsberg

\j

SUBSCRIBED AND SWORN TO before me this _ _ day of _ _ _ _ _ , 2016
by Daniel Ellsberg.

Attached Jurat
Notary Public
My Commission Expires:

  

 

 



 



 

 

A notary public or other officer completing this certificate veri?es only the identity of.
the individual Who signed the document to which this certificate is attached, and not

the truthfulness, accuracy, or validity of that document.

 

 

State of California

Counts/or?

Subscribed and sworn to (or af?rmed) before me on?this

by

 

 

  
  

proved to me on the basis of satisfactory evidence to be the person(s) Who appeared

before me.

 

A




DESCRIPTION OF THE ATTACHED DOCUMENT

 

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information

2015 Version wwaxicieryCiesses.cmn 800~8i3r9855

(Seat)

 





The wording of at! Jurats completed in Calii?omia after January 1, 2015mm be in the harm
as set forth within this Jurat. There are no exceptions. if a Jurat to be completed does not
follow this form, the notary must correct the verbiage by Using a jurai stamp containing the
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document signer regarding the imihfuinoss of the contents of the deoument. The



a

0

0

document must be signed AFTER the oath or animation, it the document was previousiy
signed, it must he resigned in front otthe notary public during the jurai process.

State and county information must be the state and county where the

document signer(s) personally appeared before the notary public.

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Print the name(s) of the document signer(s)? who personally appear at

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The notary seal impression must be clear and photographically

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indicate title or type of attached document, number of
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Secuteiy attach this documenito the signed document with a stapie(anNovember 2, 2016
To whom

it may Concern:

I am a former constitutional lawyer from New York, and am currently a jojjtnalist at The
Intercept, a news organization I co-founded in Z013. My journalism has extensively covered
issues of whistleblowing, press freedom, transparency and surveillance, and my reporting on
the National Security Agency (NSA) won the 2014 Pulitzer Prize for Public Service while I was at

the Guardian.

Among the events I have most extensively covered In my career as a journalist are those
pertaining to Chelsea Manning, whom I have had the privilege of getting to know very well. I
have spent many, many hours talking by telephone with Chelsea, and have visited her at Fort
Leavenworth.

Chelsea is one of the most thoughtful, intelligent, empathetlc1 and compassionate people l have
ever met in my life. Her background growing up In a conservative community and with a
conservative family In Oklahoma, as she became increasingly aware of her own differences,
vested with an extraordinary ability to understand people no matter how different they are
from her. In the face of differences or even tension and hostility from others, her instinct is to
attempt to see the world from their perspective, to empathize, rather than to judge or react in
kind. This has rendered her not only an incredibly insightful person but also an incredibly kind
and selfless one.
Remarkably, the difficultly of her ordeal over the last several years has only strengthened her
character. Whenever I have spoken with her about her prison fife, she expresses nothing but
compassion and understanding even for her jailers. She is devoid of the resentments and
grievances which are common even among those with blessecjlives, let alone those facing great
deprivation. It's difficult to belfeve for those who don't know Chelsea- and even for those of us
who dow but the longer she has been in prison, the more compassionate and concerned for
others she has become.
Chelsea's courage is self-evident. Her entire life- from joining the military out of a sense of

duty and convlc:tion; to undertaking what she regarded as an act of courage notwithstanding

the risks, to coming out as a trans woman even while in a military prison- is a testament to her
personal bravery.
It Is not an exaggeration to say that Chelsea is a hero to, and has inspired, all kinds of people all
over the world. Wherever I go in the world to speak on issues of traosparency, activism and
dissent, audiences filled with young and old break out into sustained and passionate applause
at the mere mention of her name. She is a particular inspiration to LGBT .communities in many
countries, including those where being gay, and particularly trans, is still quite dangerous.

I am proud to count myself as one of her admirers. Getting to know someone as truly

 extraordinary #53 Chelsea; and eyen more-so, being ablem calf hera friend, ?is ?ne Qf'ih'e. m9?t
grafi Eng thi has ha?pened t6 me.



     

I, 
Giel?m ?G'reenWa 3d