r/politics • u/vox Vox • 5h ago

Possible Paywall This Democrat’s accountability plan has Trump fuming

https://www.vox.com/america-actually/507018/elissa-slotkin-trump-accountability-plan-democratic-majority
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u/ThirdWorldRedState 5h ago

Simply ban the presidential pardon that is the root cause here

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u/TheHomersapien Colorado 4h ago

Or Democrats could simply interpret Article 2 the same way they interpret the 2nd Amendment, and the way both parties interpret the 4th. And by "interpret" I mean basically ignore the plain text and pass whatever laws you want.

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u/Ok-Opposite2309 2h ago

It’s not even that difficult. You can’t pardon a crime absent a conviction for that crime. With presumption of innocence as a basis for our system, a pardon without a conviction makes a presumption of guilt, and interferes with every branch of governments duties under the constitution as an obstruction to any investigation, enforcement, or application of law. 

Since there is no forgiveness or relief absent conviction, you can not forgive or correct an injustice absent knowledge and conviction of a crime, therefore a pardon absent a conviction is meaningless and without substance or merit. 

A pardon issued for corrupt purposes is a crime itself, applicable to all parties with the original crime pardoned to be used as a part of sentencing if found guilty. The pardon itself will still stand, but if obtained through blackmail, bribery, unlawful exchange, or to obstruct justice those crimes can and will be charged against all involved in the corrupt scheme. 

The Court has no authority to issue immunity for crimes against the United States as established by Congress. 

There you go. President can pardon away, but it can’t apply to a crime absent conviction (that started with Nixon), or serve a corrupt purpose like self enrichment. If found guilty, the crime pardoned should act as a sentencing enhancement. Maybe add some language about a pardon not being a protection against civil penalties/ lawsuits, and a requirement to make all records publicly available except when a victims identity may be disclosed absent their consent. 

Any mass pardons absent conviction, like Carter did for draft dodgers, require an act of Congress. 

Examples from both parties are available to point out.

 To address fears of politically motivated prosecutions, add language making it a particular crime with no immunity for the government agents involved in the prosecution including civil penalties. 

Expand SCOTUS to the entire Appellate division to help diminish their authoritarian tendencies and corruption. No need to nominate new judges or try to push through impeachments. Article 3 judges were already nominated by a President and confirmed by the Senate. It’s up to Congress to determine the structure of the courts and provide their funding. SCOTUS used to serve on the Circuit Courts when not in session, so we are just returning to their historical role and more accurately reflecting the population growth.