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.
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.
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.
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.
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.
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
I suspect that this is extremely dry humor, but for others that read this, Trump pardoned both Bannon and Stone
I have to say, “you’ve been unpardoned” would be a great line.
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.
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.
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.
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.
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.
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/
We should never have allowed a pardon before a conviction. What Ford did for Nixon created all kinds of paradoxes.
Carter did it with draft dodgers too, but I agree.
Well that balances the damage lol
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:
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?
the difference being that ford wasn’t involved in Nixon’s taping. etc. etc.
this is direct involvement, which makes it stink more.