this post was submitted on 24 Sep 2024
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United States | News & Politics

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[–] [email protected] 9 points 1 month ago (6 children)

Feels like the DoJ should intervene here. Or, Biden should grant clemency in the case (“fuck you, official act” as necessary, of course)

There’s an opportunity for a real win for justice here. Unfortunately, I don’t expect Biden or Garland to lift a finger.

[–] [email protected] 6 points 1 month ago (5 children)

The president can't intervene at the state level. From americanbar.org:

A U.S. president has broad but not unlimited powers to pardon. For example, a president cannot pardon someone for a state crime.

[–] [email protected] 5 points 1 month ago (4 children)

I think that's why they included the "fuck you, official act" part.

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

The president's "official act" would be issuing the pardon. The referenced Supreme Court decision just means it would not be a "crime" for the president to issue said pardon, not that the pardon would stand.

[–] [email protected] 0 points 1 month ago

The official act could be to use the national guard to rescue a US citizen from wrongful imprisonment, but that's the kind of thing that racist Republicans would start a civil war over in the name of "states' rights".

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

That's true, so I guess it would need to be having the military intervene to extract him, so that you don't need to worry about what a state court says.