this post was submitted on 03 Dec 2024
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Gee, who didn't see that coming a million miles away.

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[–] [email protected] 9 points 2 weeks ago (5 children)

As president, could Trump pardon himself?

[–] Leeks 22 points 2 weeks ago

Probably not. The Hush Money case is a state case, not a federal case. Presidential pardons (up till this point) are only valid for federal crimes.

[–] [email protected] 15 points 2 weeks ago (2 children)

Doesnt matter. The case is dead. By the time he is out of office, he'd be too old.

He was never going to prison to begin with, even if Kamala won. Some lawyer is gonna argue its unsafe for a former president to be in prison and supreme court would side with the trump lawyer, so he'd at worst, be in house arrest for like maybe a few months.

[–] [email protected] 8 points 2 weeks ago (1 children)

I would settle for house arrest with no access to social media posting.

[–] [email protected] 4 points 2 weeks ago

Maybe in the alternate timeline where Kamala won. Here, we get a demented old man ranting on live tv with the nuclear button on his twitchy fingers...

[–] [email protected] 1 points 2 weeks ago

Some lawyer is gonna argue its unsafe for a former president to be in prison

What, with his Secret Service bodyguards?

[–] [email protected] 12 points 2 weeks ago* (last edited 2 weeks ago) (2 children)

Putting aside the specific matter of jurisdiction (state level cases require state level pardons), legal experts widely agree that the concept of a self-pardon does not exist in pretty much any body of law, ever, because it basically refutes the idea of there being a body of law.

But, given that the supreme court decided that the president is a god-king emperor, the fact that he can't legally do it no longer really matters.

[–] [email protected] 2 points 2 weeks ago (1 children)

But, given that the supreme court decided that the president is a god-king emperor, the fact that he can’t legally do it no longer really matters.

That's what I was wondering about

[–] [email protected] 4 points 2 weeks ago (2 children)

The answer, as I understand it, is basically "Who the fuck knows?"

Every serious legal analyst seems to agree that the SC's immunity decision is, uh... I think the technical term is "Total fucking lunacy." It makes no sense, destroys a lot of existing legal precedent, and generally overturns many of the foundational principles of the US constitution. It's batshit crazy, and the actual terms of the immunity and how it's defined are astonishingly vague.

What the president can or cannot do right now is more or less "??????"

[–] [email protected] 2 points 1 week ago

The SC case can be summarized as "Can the president commit crimes?" "Probably. Tell us what crime it is and we will decide later"

[–] [email protected] 1 points 1 week ago

Authoritarians have only one reason: "Because I said so."

[–] [email protected] 1 points 1 week ago

because it basically refutes the idea of there being a body of law

So does money being the same as speech. So does presidential immunity.

There seems to be a pattern here.

[–] FlexibleToast 4 points 2 weeks ago

Not the state case. He has the power at the federal level only.

[–] [email protected] 3 points 2 weeks ago (1 children)

Trump accepting the pardon from himself means he's guilty but gets no consequences, sort of maintaining the status quo.

[–] [email protected] 1 points 1 week ago* (last edited 1 week ago)

Trump accepting the pardon from himself means he’s guilty

Accepting a pardon does not require an admission of guilt. That's a myth. There is no part of the pardon process where you are required to admit guilt

In fact, pardons have been issued because the pardoning authority determined that a person has been wrongly convicted. And at the federal level, general pardons have also been issued. In the case of a general pardon, if you accept one, what are you pleading guilty to? Every possible potential crime covered by the pardon?

Garland was dicta. It was also bullshit.