this post was submitted on 07 Sep 2023
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[–] throw4w4y5 43 points 1 year ago (1 children)

remember he only needs to delay until the election. if he’s elected president again then all the consequences go out the window.

[–] [email protected] 27 points 1 year ago (4 children)

That's only true if he can pardon himself for the election interference. That's not going to happen unless they move the case to federal court.

[–] [email protected] 40 points 1 year ago (1 children)

Not if he goes the Hitler route and consolidates power. Which honestly, I think he and the GoP are planning to do

Will it work is another discussion, but I'm sure this is what he plans to do

[–] [email protected] 11 points 1 year ago (1 children)

Lots of the "brown shirts" have already been convicted and are sentenced after their actions on Jan 6th.

[–] [email protected] 21 points 1 year ago

That happened in the Weimar Republic, too. Hitler wrote Mein Kampf in prison, and plenty of people got arrested for things like the Beer Hall Putsch. Stay vigilant and organized, politically cooperate with anyone who opposes the Republicans, don't take it for granted that the courts will handle this neo fascist ideology for us, you know?

[–] [email protected] 21 points 1 year ago (2 children)

He can't pardon it no matter what court it's in; they're still state charges.

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

I'll explain this I think 45 times in 3 weeks. I wish more people would read.

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

Edit. That should be past tense lol. Not editing it for prosperity.

[–] [email protected] 5 points 1 year ago (2 children)

This is true, but what I have not seen discussed is that the Georgia Pardon and Parole board can consider a request to commute the sentence immediately, and can choose to reduce or eliminate any sentence handed down.

[–] [email protected] 4 points 1 year ago

the Georgia Pardon and Parole board can consider a request to commute the sentence immediately, and can choose to reduce or eliminate any sentence handed down.

Thanks, (this is good information to know, but) I hate it.

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

Hmm. I was under the impression that the governor couldn't even pardon someone in GA unless they had served out 5 years of a sentence, thus guaranteeing jail time.

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

You're right. A pardon in Georgia cannot even be requested from the Pardon and Parole Board until five years after any sentence is served. Commutation of a sentence is a different thing altogether.

Pardon is "You don't receive any punishment for this crime." Commutation is "After consideration, the sentence you received is being reduced." And in commutation, the sentence can be reduced to zero.

The Georgia Pardon and Parole Board can consider a request for commutation immediately after sentencing, and can commute a sentence immediately, again, that's reducing a sentence, including a 100% reduction.

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

Ty for clarifying that for me :)

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

Pardoning himself from doing time, doesn't exclude other provisions against a convicted criminal holding office.

A pardon explicitly states you're guilty of the crime you're pardoned for.

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

Might want to read what you link.

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

How do you interpret the linked article? To me it read as an essay that argued that pardons neither firmly convey guilt nor innocence because there exists mixed precedence and reasoning for both.

[–] [email protected] -1 points 1 year ago (1 children)

That’s only true if he can pardon himself for the election interference. That’s not going to happen unless they move the case to federal court.

That wouldn't work either. The first step in a pardon is that the person convicted has to admit guilt to trying to steal the election. If he straight up admits guilt that's clearly a Fourteenth Amendment violation.

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

This is a common misconception. While a pardon does mean some things (like removing your ability to plead the 5th in relation to the related case), it remains very disputed whether it constitutes an admission of guilt:

https://en.wikipedia.org/wiki/Burdick_v._United_States#:~:text=Although%20the%20Supreme%20Court's%20opinion,by%20the%20recipient%20is%20disputed.