this post was submitted on 02 Jul 2024
1229 points (97.8% liked)
Lemmy Shitpost
26842 readers
3399 users here now
Welcome to Lemmy Shitpost. Here you can shitpost to your hearts content.
Anything and everything goes. Memes, Jokes, Vents and Banter. Though we still have to comply with lemmy.world instance rules. So behave!
Rules:
1. Be Respectful
Refrain from using harmful language pertaining to a protected characteristic: e.g. race, gender, sexuality, disability or religion.
Refrain from being argumentative when responding or commenting to posts/replies. Personal attacks are not welcome here.
...
2. No Illegal Content
Content that violates the law. Any post/comment found to be in breach of common law will be removed and given to the authorities if required.
That means:
-No promoting violence/threats against any individuals
-No CSA content or Revenge Porn
-No sharing private/personal information (Doxxing)
...
3. No Spam
Posting the same post, no matter the intent is against the rules.
-If you have posted content, please refrain from re-posting said content within this community.
-Do not spam posts with intent to harass, annoy, bully, advertise, scam or harm this community.
-No posting Scams/Advertisements/Phishing Links/IP Grabbers
-No Bots, Bots will be banned from the community.
...
4. No Porn/Explicit
Content
-Do not post explicit content. Lemmy.World is not the instance for NSFW content.
-Do not post Gore or Shock Content.
...
5. No Enciting Harassment,
Brigading, Doxxing or Witch Hunts
-Do not Brigade other Communities
-No calls to action against other communities/users within Lemmy or outside of Lemmy.
-No Witch Hunts against users/communities.
-No content that harasses members within or outside of the community.
...
6. NSFW should be behind NSFW tags.
-Content that is NSFW should be behind NSFW tags.
-Content that might be distressing should be kept behind NSFW tags.
...
If you see content that is a breach of the rules, please flag and report the comment and a moderator will take action where they can.
Also check out:
Partnered Communities:
1.Memes
10.LinuxMemes (Linux themed memes)
Reach out to
All communities included on the sidebar are to be made in compliance with the instance rules. Striker
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
Ok yeah fair enough, that sounds reasonable. But to my knowledge the UMCJ is a federal law, not a state law, so how does that line of argument factor in there? You cited that as an example of checks and balances that would prevent people from following illegal orders, but it being a federal law still means the president could circumvent it with the official order plus pardon combo, at least if my understanding of this new supreme court ruling is correct.
Because (just like in NY with Trump, and specific charges) if a crime is committed within a state the state has the right to prosecute regardless of impeachment or federal charges. The UCMJ is technically federal law. But we're looking at three different aspects of lawful charges for persons who might commit a crime per the Presidents order. The president could absolutely pardon the persons involved. But only at the federal level. There's nothing stopping the state or states from prosecuting the same individual. It's not just one set of checks and balances is my point. The department of justice can also bring charges regardless of UCMJ tribunal (Court Material). Which is really where double jeopardy should kick in but doesn't for service members.
Additionally and most importantly actually, a court martial conviction for murder would result in a dishonorable discharge from the military. That can't be overturned by a presidential pardon. They would lose their benefits. Medical and so on. Pensions. It's a cost benefit analysis at that point. They don't just get to walk away no harm no foul cause presidential pardon.
All good points if true. However I will say that to my limited understanding a crime under a specific law having been pardoned, that same law can then not be used to prosecute this crime anymore. Meaning states would have to find a different (preferably state) law under which the same offence is punishable.
And that is all disregarding other issues like packed courts, republican controlled states, the vagueness of double-jeopardy in this regard, and the general chilling effect a presidential pardon would have on prosecutors to even press charges in the first place.
The loss of benefits is easily circumvented by promising a golden parachute along with the pardon, so I could still see a lot of fanatics doing the crime "for country and freedom" or whatever they tell themselves.
Overall this seems like a potentially dangerous erosion of checks and balances that is easily abused when put in the wrong hands. As the dissenting opinions in the ruling openly state.
I don't disagree with that in the grand scheme of things. But a presidential pardon can only be accepted under the understanding that the person who receives it is admitting by accepting it that they committed the crime. As such a service member with a dishonorable discharge would not have their benefits re-instated, for instance.
Yeah but like I said, if you promise some other form of compensation on the level or above what they lose in benefits, you will still find people willing to follow these illegal orders. Hell you could find people willing to follow illegal orders even before this ruling, but now that the presidents right to give illegal orders is explicitly enshrined in constitutional jurisprudence this pre-existing problem is much worse. I doubt those people will care about a dishonourable discharge, on the contrary it will make them martyrs to "the cause" and they will be worshipped for it. And it remains to be seen how all this would play out in court, I guess it's quite possible for the defence to argue that if the president has immunity for giving orders, their subordinates have immunity for following those orders.
At the point where you are offered some other form of compensation, I believe that would be considered a bribe, which is also illegal.
That it was offered is nigh impossible to prove if the offer is only made verbally though. And conversely, if they make the offer an "official act" they are immune again.