Law professor Victor Hansen believes Chelsea Manning is in violation of Department of Defense directives and said she must request a special waiver to run for office, Tuesday on “Fox and Friends First.”
“It’s technically a violation of Department of Defense (DOD) directors, for someone who is still on active duty service to run run for political office without an express waiver of permission,” Hansen said.
The Daily Caller News Foundation first broke the news of the illegality of Manning’s Senate run in an exclusive piece.
“Technically she’s still actually on active duty in what is known as excess leave while her appeal runs,” Hansen added. “So she is still a soldier in the United States Army at this time.”
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The DOD directive states an active duty member under an order of duty for more than 270 days may not be a candidate for “civil office” unless they are given permission from the secretary of the army.
When asked if he thinks Manning will be granted permission, Hansen said Manning hasn’t even asked for it yet.
“I don’t know if she will even ask permission,” Hansen said. “Whether she would get permission for that is an interesting question. Certainly there are circumstances where permission has been granted and I’m sure the main consideration is whether or not it would affect the soldier’s active duty service.”
“My understanding from the directive is, she has to first ask,” he continued. “And I don’t know if there has been any indication or evidence that she has made the request.”
Hansen said there is probably no interest in the army keeping Manning on active duty and said it’s possible the request is granted.
TheDCNF confirmed Manning was still on active duty after obtaining a statement from the Pentagon when Manning claimed to be confused about his status.
“Technically she is still, yes still on active duty,” Hansen concluded. “Her confusion stems from the fact that she’s not drilling or performing any services but that does not change her status of being on active duty and excess leave.”
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