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The best answer I know:
No, the pardons can't be overturned
Corrupt pardons can be prosecuted as a separate crime
Trump can't pardon himself, so if he pardons all the insurrectionists, he'll be left to take all the blame
He'll hurt his chances of acquittal in the Senate https://twitter.com/Retrievers5/status/1351135851502301188
No, the pardons can't be overturnedCorrupt pardons can be prosecuted as a separate crimeTrump can't pardon himself, so if he pardons all the insurrectionists, he'll be left to take all the blameHe'll hurt his chances of acquittal in the Senate https://twitter.com/Retrievers5/status/1351135851502301188
I doubt he will do it because it will hurt him.
On the other hand, not pardoning them creates a problem for him because the insurrectionists might start to realize they were duped, and he needs his base.
On the other hand, not pardoning them creates a problem for him because the insurrectionists might start to realize they were duped, and he needs his base.
You'd think some of his supporters will realize that he set them up: He encouraged them to commit a crime (assuring them they're saving the country) and then left them to face prison.
The idea is to take down a criminal organization by getting the Kingpin.
The idea is to take down a criminal organization by getting the Kingpin.
I stand by my earlier statement that this is a misreading of the pardon clause.
The scholars I am familiar with (and trust) say this is a misreading. I agree with them. There is an alternative viewpoint out there, which I disagree with. https://twitter.com/ykp0799/status/1351173076541702148
The scholars I am familiar with (and trust) say this is a misreading. I agree with them. There is an alternative viewpoint out there, which I disagree with. https://twitter.com/ykp0799/status/1351173076541702148
No, there is no way.
https://twitter.com/MrConnieS/status/1351174071585792011
It is imperative that the FBI continue to arrest and charge every person who rioted. Ultimately that's how you bring down the organization.
https://twitter.com/MrConnieS/status/1351174071585792011
It is imperative that the FBI continue to arrest and charge every person who rioted. Ultimately that's how you bring down the organization.
The pardon clause is in the Constitution, and amending the Constitution is difficult.
House Democrats are doing what they can. See: https://schiff.house.gov/news/press-releases/house-democrats-introduce-landmark-reforms-package-the-protecting-our-democracy-act
https://twitter.com/love2laugh4ever/status/1351174868700721157
Once upon a time, when criminal law was different, the pardon power served an important purpose.
House Democrats are doing what they can. See: https://schiff.house.gov/news/press-releases/house-democrats-introduce-landmark-reforms-package-the-protecting-our-democracy-act
https://twitter.com/love2laugh4ever/status/1351174868700721157
Once upon a time, when criminal law was different, the pardon power served an important purpose.
For clarity:
I think there are good arguments for overturning a certain kind of corrupt pardon, for example: "Kill that person and I will pardon you." After the murder, the murderer is pardoned. The counterargument is that the pardon is valid but other crimes are prosecutable.
I think there are good arguments for overturning a certain kind of corrupt pardon, for example: "Kill that person and I will pardon you." After the murder, the murderer is pardoned. The counterargument is that the pardon is valid but other crimes are prosecutable.
Conviction isn't needed. Famously, Ford pardoned Nixon.
Accepting a pardon is also not a sign of guilt: A good use of pardons is to get an innocent person to of jail when new evidence emerges but there is no procedural way to release the person. https://twitter.com/talltalestogo/status/1351180081125875721
Accepting a pardon is also not a sign of guilt: A good use of pardons is to get an innocent person to of jail when new evidence emerges but there is no procedural way to release the person. https://twitter.com/talltalestogo/status/1351180081125875721
This is a good point.
I do think Trump is in a bind with this because allowing them to face charges means that lots of fingers will start pointing at him.
There is a legitimate defense called the "public authority" defense . . . https://twitter.com/bigolewannabe/status/1351182709314514944
I do think Trump is in a bind with this because allowing them to face charges means that lots of fingers will start pointing at him.
There is a legitimate defense called the "public authority" defense . . . https://twitter.com/bigolewannabe/status/1351182709314514944
I wrote about it in a Washington Post Op Ed with @reichellaw.
People are confusing this with "I was just following orders." Nope, it's completely different.
The defense will incriminate Trump, Cruz, Hawley, and pals.
Or see: https://terikanefield-blog.com/11692-2/ https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
People are confusing this with "I was just following orders." Nope, it's completely different.
The defense will incriminate Trump, Cruz, Hawley, and pals.
Or see: https://terikanefield-blog.com/11692-2/ https://www.washingtonpost.com/outlook/2021/01/11/public-authority-trump-mob-capitol/
