He decided to bet everything on this instead of taking the obvious escape route of resigning during the lame duck period and having President Pence give him a general pardon (Which is... one of those loopholes that we should've closed by now honestly)https://twitter.com/BrianWithCheese/status/1326384373936091136 …
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Replying to @arthur_affect @CZEdwards
Is it possible to pardon someone from state-law charges? I thought a pardon was no good for getting him out from the wrath of the NY AG.
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And wouldn’t constitute an admission of guilt? Like it would be funny if Trump rage quits, Pence becomes president, pardons Trump, Trump publicly accepts pardon, Trump gets prosecuted, and then that acceptance of said pardon is admitted into the record as evidence...
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Well, this isn't really true A pardon has no specific, clear meaning re: "guilt" or "innocence", it's just a statement the government will no longer be pursuing any action against you for your crimes
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Replying to @arthur_affect @queerthecloset and
This is important, because many people pursue pardons after they've already served their sentence, as a way of "clearing their name" -- collecting evidence they were innocent and asking to be pardoned on that basis It's the same reason many posthumous pardons are issued
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Replying to @arthur_affect @queerthecloset and
But while a lot of people seem to accept the symbolic meaning of those pardons, other people have symbolically *rejected* pardons, on the view that being pardoned implies guilt (This has no legal meaning, once you're pardoned you can't just demand they have the trial anyway)
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Replying to @arthur_affect @queerthecloset and
Pardons are -- in my opinion -- kind of a messed up concept and fundamentally problematic, they're descended from the days of monarchy and their original philosophical justification is just the idea that the whole government is owned by the King the way someone owns a company
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Replying to @arthur_affect @queerthecloset and
So *whether or not* someone is guilty or innocent of a crime, the King can just call off the government's prosecution of that crime because he feels like it, because he's the sovereign and the laws are only an expression of his will in the first place
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It is... not at all clear to me that this concept has any real place in a country that's supposed to be a democracy Especially since unlike in a parliamentary democracy we have a strict separation between Congress making the laws and the President enforcing them
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Replying to @arthur_affect @queerthecloset and
And like it's kinda fucked that the president can say "well *I* don't care if this person did crimes" even if the law and most regular people want to see that person prosecuted. Really spits in the face of us all being equal in the eyes of the law.
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