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jmyeetlast Wednesday at 8:12 PM2 repliesview on HN

A competent Joe Biden would've taken that ruling, said "thank you very much" and "cleaned house" with Seal Team Six of select judges and politicians and then pardoned everyone involved.

The fact that SCOTUS wasn't even slightly concerned about that happening belies the problem: the Democrats are ineffectual by design. They knew Biden would throw his hands up citing "norms" and "institutions" as an excuse to do absolutely nothing.

SCOTUS completely invented a concept of presidential immunity out of thin air to derail the criminal prosecutions. They also deliberaly took their time. Remember when Jack Smith tried to appeal directly to SCOTUS because everyone knew it was going to end up there? Instead, SCOTUS put everything on hold for another 6 months as a delaying tactic.

Even then, the opinion is rushed and haphazard and not at all well thought out. Some in the conservative supermajority allegedly wanted to punt the issue to the next term.

The presidential immunity decision is so brazenly political. The Roberts court will go down in history for the kinds of awful decisions in the 1840s and 1850s that led up to the Civil War.


Replies

ModernMechlast Wednesday at 8:28 PM

> the Democrats are ineffectual by design.

The Democrats are people who believe in the rule of law, and they act like it. When pitted against people who have no qualms to win at all costs, even it means breaking the law and destroying the constitution, Democrats lose; if you value those things you can't preserve them by destroying them yourself. We are where we are because Republicans convinced themselves they deserved the power they have taken. The people who voted for them were convinced as well. That's the only failure we should be talking about right now. The Democrats, flawed as they are, did the right thing.

That said, they will not be the people to lead us out of this. They know how to fundraise, campaign, and maintain the status quo. They're not built for this, so it's time to just look for someone new rather than try to reform people who are clearly not made for this moment.

kelnoslast Thursday at 11:47 AM

> the Democrats are ineffectual by design

In many situations, those who have morals and scruples will be ineffectual when faced with an adversary who has none. Biden didn't "clean house" because he believes in the rule of law, and believes that if he'd done that, he should go to jail, even if he wouldn't.

Not everyone has an ethical code that only exists because they're afraid they'll go to jail if they break it. Some people just don't think it's ok to do the wrong thing.

Put another way: if you become the monster you're trying to fight, that's often not materially different from the monster winning in the first place.

Having said that, I do think that Democrats should fight a little dirtier sometimes. I think that would be possible to do without becoming that monster.