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femtolast Thursday at 10:37 AM7 repliesview on HN

Is it true to say that in practise there are no laws here? If anyone in DOGE breaks the law, can't the President just issue a blanket pardon?

If the President himself breaks the law, he argues that it was in the course of his official duties [1].

[1] https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf


Replies

maptlast Thursday at 12:48 PM

There is a principal in democracy that there Should Not Be strong institutions that prevent a majority of the population from harming itself with its choices. We balance that against a Supreme Court in the US, but that court is almost uniquely powerful & active in forming policy relative to its place in the rest of the world, and right now, most of it has been appointed by fascists; Ultimately the population will have its say in the long term.

Do you want an extra-democratic body who is capable of telling the population "No"?

I think such a body (which exists in some system) would obviously be nice right now, but I am a lot less convinced that it would be a net positive in general.

If we want to find our way out of this, I suspect a lot of people are going to need to feel directly harmed by this administration, and are going to need to basically erect a strong protest culture out of whole cloth. Something like 5% of the population in the streets can topple an authoritarian regime in the right circumstances, but not the 0.5% we might expect for a "large" protest.

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throw0101dlast Thursday at 12:03 PM

> Is it true to say that in practise there are no laws here? If anyone in DOGE breaks the law, can't the President just issue a blanket pardon?

For federal laws, yes.

If you can find a state-level law that's been violated then he has no jurisdiction to pardeon.

Trump himself was charged at the state level twice (and already convicted once):

* https://en.wikipedia.org/wiki/Prosecution_of_Donald_Trump_in...

* https://en.wikipedia.org/wiki/Georgia_election_racketeering_...

See also the civil case against him for rape:

* https://en.wikipedia.org/wiki/E._Jean_Carroll_v._Donald_J._T...

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insane_dreamerlast Thursday at 7:17 PM

Trump has explicitly said he is above the law: "He who saves the country cannot break the law" is what he posted.

He pardoned people who stormed the capital, threatened gov officials, and killed police officers. Pardoning DOGE employees is child's play -- but it would never get that far because the DOJ and FBI have been purged of those not fully subservient to Trump.

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IncreasePostslast Thursday at 3:52 PM

In that case, can't the next president just illegally imprison Elon or trump or whoever for their entire administration, ignore supreme court rulings or lawsuits or whatever, and then issue themselves a pardon at the end?

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cryptonectorlast Thursday at 9:28 PM

Yes, that is always true. It usually doesn't happen. Mainly because DoJ usually doesn't look. Congress can perform oversight and impeach if need be.

InsideOutSantalast Thursday at 10:48 AM

I'm assuming this is what they're betting on.

k__last Thursday at 10:58 AM

Don't know, but I read somewhere that the president can't pardon breaks of federal law.

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