Completely agree. But arguably had Obama engaged in larger-scale drug pardons, that too would have imperiled rule of law. Just:
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Replying to @JohnFPfaff @segalmr
Liberals who pushed for more aggressive drug pardons don’t *like* those laws. Like some conservatives don’t like civ rights limits on LEOs.
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Replying to @JohnFPfaff @segalmr
There are arguably clear differences when it comes to undermining LEO compliance w law vs civilian, but seems more policy/politics to me.
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Replying to @JohnFPfaff @segalmr
Pardon power is an inherently rule-of-law undermining power thru its collateral impact if used widely (and “Arpaio-Effect” needs that too).
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Replying to @JohnFPfaff
Maybe. But giving LEOs reason to ignore laws & court orders seems far worse than giving drug offenders hope for somewhat shorter sentences.
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Replying to @segalmr
Personally, I agree. But I also feel like I agree bc of my underlying political prefs more than anything else. It’s not law, but politics.
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Yeah, I think Taft addressed this quite well in 1925 (with more at the link in this article). https://www.buzzfeed.com/chrisgeidner/trump-didnt-announce-a-pardon-for-ex-sheriff-joe-arpaio-but?utm_term=.bjDqQeR72#.tgdV0y3K9 …pic.twitter.com/K8ghukJqR7
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That's some great research you did.
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I think Taft's opinion in Grossman is one of the best analyses I've read of the intersection of the pardon power & judicial power.
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Of c, coming from the Chief Justice who was President, that either makes it wild or obvious, but either way, it's some great opinioning.
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