cross-posted from: https://slrpnk.net/post/31454550

The president’s stated intention to pardon Tina Peters, jailed for tampering with election machines in 2020, has set off a legal fight over the extent of Mr. Trump’s pardon powers.

Mr. Ticktin argued that Mr. Trump has the power to free Ms. Peters under an untested legal theory that the Constitution’s language allowing the president to pardon people for offenses “against the United States” applied not just to federal crimes but also to state-level charges.

“The President of the United States has the power to grant a pardon in any of the states of the United States,” Mr. Ticktin wrote in a letter to Mr. Trump last week that portrayed Ms. Peters as a political prisoner who could be a witness to investigations into the false claims that the election was stolen from Mr. Trump.

Legal scholars and Colorado officials were incredulous. They said the notion that the president could intervene in state courts clashed with the plain language of the Constitution, as well as its fundamental principles of federalism and states’ rights.

  • hemmes@lemmy.world
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    8 hours ago

    Mr. Ticktin argued that Mr. Trump has the power to free Ms. Peters under an untested legal theory that the Constitution’s language allowing the president to pardon people for offenses “against the United States” applied not just to federal crimes but also to state-level charges.

    It’s so simple to see how extremely bad this would be. Bad for democrats and republicans alike, all Americans would be in danger with such a precedent. So this fuck, Mr. Ticktin, is sitting there saying Hey gotta’ win this case cause I’m the man. I’ll fuck with the constitution ‘cause fuck it, gotta win.

    If there is a hell, no doubt it’s where he came from.

    • A_norny_mousse@feddit.org
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      7 hours ago

      It’s so simple to see how extremely bad this would be.

      You mean even worse than it already is

      That SCOTUS ruling about potus’ powers should never have happened in the first place.

  • Mulligrubs@lemmy.world
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    11 hours ago

    So it will go to the Supreme Court and they will say everything is fine, don’t worry (my prediction).

    We shouldn’t be giving the President more power. So this is another reveal as to true intentions if I am right. Was this always the goal of the leadership, or a more recent post 2000 development through coup or corruption?

    Not Trump, but those who are making Trump filthy rich. Did they pull the old switcheroo?

    • errer@lemmy.world
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      9 hours ago

      Trump being able to pardon state crimes has huge implications for himself and his cronies. He can rig any election he wants at any level and no one can stop him. It would be a wild expansion of power.

      • Clent@lemmy.dbzer0.com
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        8 hours ago

        All this stuff is so crazy short-sighted.

        At what point does the president have so much power and that someone in the line of succession can assassinate everyone up the line and then just pardon themselves since they are not president.

        If the Supreme Court signals they does like that anymore, do some more assassinating before they can change it back.

        • Mulligrubs@lemmy.world
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          7 hours ago

          They are not concerned with the “line of succession”, as party leadership dictate the line of succession. Also, they have a long history of assassinating when they deem it necessary, they are pro assassination.

      • Mulligrubs@lemmy.world
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        7 hours ago

        There’s no need to rig elections, friend. It’s been done and pay-for-play for decades.

        (in our political system whoever spends the most money wins over 90% of elections; the outliers are handicapped or pressured into compliance in a myriad of ways)

        Why cheat when you write the law? That’s silly, only rubes even bother to try; small town mayors and the like.

        Also, recall our Supreme Court is for sale.

    • teawrecks@sopuli.xyz
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      6 hours ago

      So it will go to the Supreme Court and they will say everything is fine

      What is not clear to me is how it will get there…normally there is a case that is raised from state to federal court. But afaik a pardon is not a case, it’s just…a unilateral executive order of some kind (obviously ianal). If it were a federal conviction, obviously CO wouldn’t have any jurisdiction to refuse. But if this was a state matter, and there’s no “case” to escalate to SCOTUS, I’m not actually sure what happens next…maybe he tries sending in the national guard to enforce his order, and the state challenges it, and that goes all the way to SCOTUS?

      • CentipedeFarrier@piefed.social
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        2 hours ago

        A pardon isn’t a case until CO refuse to recognize it and they sue the state over it. Which they absolutely will do because it costs them literally nothing to drain down the national coffers.

  • chiliedogg@lemmy.world
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    11 hours ago

    Trump needs the precedent to pardon himself and his allies from all the state charges coming their way if this ever ends.