this post was submitted on 19 Jun 2024
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[–] SwingingTheLamp@midwest.social 194 points 6 months ago* (last edited 6 months ago) (6 children)

Why aren't these guys in jail? Seriously. I mean, I know the theory of the rule of law and all, but even our widely-acclaimed greatest president suspended habeas corpus when insurgent seditionists tried to overthrow the Union.

[–] RestrictedAccount@lemmy.world 96 points 6 months ago (3 children)

I suspect that this is extremely dry humor, but for others that read this, Trump pardoned both Bannon and Stone

[–] CraigeryTheKid@lemm.ee 82 points 6 months ago (3 children)

it's still unfathomable that trump was "allowed" (I know it was "legal", don't point that out) to pardon his literal partners-in-crime. He basically has already self-pardoned himself by proxy by allowing these traitors to walk free.

[–] UnderpantsWeevil@lemmy.world 17 points 6 months ago* (last edited 6 months ago) (1 children)

Ford pardoned Nixon.

Bush Jr pardoned Scooter Libby.

Governor Abbott pardoned a pedophile for shooting a black girl's white boyfriend

Why is this even remotely surprising?

[–] ASeriesOfPoorChoices@lemmy.world 15 points 6 months ago

the difference being that ford wasn't involved in Nixon's taping. etc. etc.

this is direct involvement, which makes it stink more.

[–] takeda@lemmy.world 6 points 6 months ago

We messed up when we allowed Ford's pardon of Nixon before he was convicted. We should only allow pardons after the person was convicted. That created all kinds of paradoxes:

  • creating a blanket pardon "from any crime that we don't know yet about"
  • possible pocket pardon, where a president could pardon themselves secretly
  • hiring thugs on president benefit and giving pardon right before leaving office. They know they can do anything and will receive a blanket pardon. If president had to wait for conviction then there was no guarantee he would be there to pardon them. So it would make whole escapade more risky
  • total immunity which trump is arguing about would be even less likely if there was no blanket and pocket pardon and he had to wait until being convicted before being able to be pardoned
[–] disguy_ovahea@lemmy.world 1 points 6 months ago* (last edited 6 months ago) (1 children)

The only restrictions on presidential pardons are on convicted impeachment and the requirement that it must be a federal crime. Yes, Trump can even pardon himself from the federal documents, insurrection, and election fraud cases if he takes office again.

https://constitution.congress.gov/browse/essay/artII-S2-C1-3-1/ALDE_00013316/

[–] takeda@lemmy.world 4 points 6 months ago (1 children)

We should never have allowed a pardon before a conviction. What Ford did for Nixon created all kinds of paradoxes.

[–] disguy_ovahea@lemmy.world 1 points 6 months ago* (last edited 6 months ago) (1 children)

Carter did it with draft dodgers too, but I agree.

[–] frunch@lemmy.world 1 points 6 months ago

Well that balances the damage lol

[–] SwingingTheLamp@midwest.social 18 points 6 months ago (2 children)

I'm not sure if I'm joking. In any case, the writ of habeas corpus is the legal tool that a court can theoretically use to compel the appearance of a prisoner before it. It is the legal doctrine that underlies the right to trial, and I say "theoretically" because courts rarely need to issue one; it's just standard procedure to bring people to court to face charges.

By suspending it, Abraham Lincoln could detain those people he deemed dangerous seditionists indefinitely, because the detainees would have to go to court to challenge their detention, and there was no way to get to court. The effect of suspending it again is that it wouldn't matter that Baboon (autocorrect and I'm leaving it) and Stone were pardoned, or that there were even criminal charges.

Lincoln did it, George W. Bush did it. Barack Obama did it. The Constitution contains a clause which allows it to be suspended due to rebellion or threats to public safety. It's a dangerous thing to allow a president to do, but the MAGA danger might be greater.

[–] UnderpantsWeevil@lemmy.world 4 points 6 months ago

Worth noting that, historically speaking, if a state official wanted to punish someone without going through the court system he could always just turn the prisoner over to a lynch mob.

So while suspending habeaus corpus is a danger to democracy, it is not a singular method by which mayors, governors, or Presidents have disposed of political opponents.

[–] Tryptaminev@lemm.ee 1 points 6 months ago (1 children)

In other words the US is neither a state of law nor is it a democracy as separation of power can be overturned whenever the president feels like it.

[–] Censored@lemmy.world 2 points 6 months ago

Emergency powers are in most constitutions because people generally understand that during war things have to operate a little differently. You can't allow the enemy, who is attacking you physically, to go and publish propaganda that attacks you rhetorically and turns the populace's loyalty towards the other side. The problem we have now is the constant use of emergency powers. That needs to be shut down. Emergency powers should be limited to a certain timeframe, and reviewed by congress after that. Not these multi decade states of emergency.

[–] Serinus@lemmy.world 8 points 6 months ago

I have to say, "you've been unpardoned" would be a great line.

[–] Burn_The_Right@lemmy.world 37 points 6 months ago (1 children)

Throughout human history, laws have never stopped conservatism. Jails have never stopped conservatism. Pacifism has never stopped conservatism. Only force has ever stopped conservatism. Only force.

[–] evatronic@lemm.ee 34 points 6 months ago (1 children)
[–] SwingingTheLamp@midwest.social 14 points 6 months ago (1 children)

As in my other reply, the Constitution allows the suspension of habeas corpus in cases of rebellion or threats to public safety, and without that writ, charges and sentences are irrelevant.

[–] rsuri@lemmy.world 15 points 6 months ago (1 children)

The Supreme Court has held that the Constitution contains a right to habeas corpus in Boumedine v. Bush. The Lincoln thing was never fully litigated and was probably unconstitutional.

[–] hglman@lemmy.ml 1 points 6 months ago (1 children)

The Constitution doesn't empower the court to interpret the constitution. If the executive chose to ignore the court it would be perfectly legal.

[–] rsuri@lemmy.world 2 points 6 months ago (1 children)

Well that's an even older decision:

Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law.

[–] hglman@lemmy.ml 1 points 6 months ago* (last edited 6 months ago)

Yes, the supreme Court gave itself that power. To that end the other branches could justifiably choose to not find that to be valid.

[–] Censored@lemmy.world 5 points 6 months ago (1 children)

Roger Stone's been to jail a number of times. He really doesn't care because he knows he'll get pardoned. Also he's basically a mafia don, so I imagine he gets a lot of respect in prison from republicans.

[–] beetlejuice0001@lemmy.zip 3 points 6 months ago* (last edited 6 months ago)

In what capacity does he resemble the mafia? He’s a snake. These guys want to desperately be associated with the mafia but they’re just con men. The Mafia were intelligent criminals.

Everyone needs to remember this guy shaking hands with world leaders during his years in office. In every single picture he is smiling like a pig in shit. It is only after the indictment photo he is attempting to rebrand himself as some sort of tough guy criminal instead of a slimy, smug con artist.

[–] takeda@lemmy.world 3 points 6 months ago

He was going to face a trial and likely prison, but trump pardoned him and the rest.

[–] Prandom_returns@lemm.ee 1 points 6 months ago

Huh? Why would anyone with power go to jail in an oligarchy? Unless you upset the more powerful oligarch.