• gravitas_deficiency@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    9
    ·
    2 months ago

    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.

    • JoeyJoeJoeJr
      link
      fedilink
      arrow-up
      6
      ·
      2 months ago

      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.

        • JoeyJoeJoeJr
          link
          fedilink
          arrow-up
          2
          ·
          2 months ago

          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.

          • GarbageShootAlt2
            link
            fedilink
            arrow-up
            3
            arrow-down
            1
            ·
            2 months 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.

          • 5C5C5C@programming.dev
            link
            fedilink
            arrow-up
            1
            arrow-down
            1
            ·
            2 months 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”.