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DonViejo

(60,536 posts)
Wed Jun 6, 2018, 08:07 AM Jun 2018

Ted Cruz Said He 'Never Studied' the Pardon Power. But in 2015 He Wrote About the Pardon Power.

by Colin Kalmbacher | 8:52 pm, June 5th, 2018

-snip-

In 2015, Cruz penned a lengthy piece for The Harvard Journal of Law and Public Policy titled, “The Obama Administration’s Unprecedented Lawlessness.” To be clear, this is not an entire article about the presidential pardon power. Most of the piece analyzes the Obama administration’s alleged refusal to enforce federal law by comparing said presidency to previous instances of non-enforcement under presidents dating back to Abraham Lincoln.

Despite the overarching thrust of Cruz’s article, the pardon power research did occur. The senator did study the issue. And his study of the issue resulted in some opinionated writing on the subject. In the article, putatively peer-reviewed, Cruz specifically addresses the presidential pardon power and goes in depth on various points of detail. In footnote 79, the Lone Star State’s collective shame opines:

The pardon power was not seen as suspension or dispensation. Traditional understandings of the pardon portray it not as a policy instrument, but as an instrument for achieving justice or ameliorating political dissent on a case-by-case basis. As Chief Justice Marshall wrote, “A pardon is an act of grace, proceeding from the power intrusted with the execution of the laws, which exempts the individual, on whom it is bestowed, from the punishment the law inflicts for a crime he has committed.” United States v. Wilson, 32 U.S. 150, 160-61 (1833).


That, of course, is not all.

At another point, Cruz appears to directly address the issue of the presidential self-pardon. He writes, “The pardon power carries a scope specifically limited to crimes already committed. The pardon may not apply to acts that have not yet been committed, because it would function as a personal waiver, the impermissible dispensation of the laws.”

In other words, an earlier version of Ted Cruz wrote an awful lot about the presidential pardon. To do so, perforce, he must have studied this power at least a bit. And, this prior version of Cruz once wrote that a personal waiver equates to “the impermissible dispensation of the laws.” That’s still slippery lawyer speak, but considering Cruz’s central thesis, one can assume it’s bad.

-snip-

full article
https://lawandcrime.com/opinion/ted-cruz-said-he-never-studied-the-pardon-power-but-in-2015-he-wrote-about-the-pardon-power/

22 replies = new reply since forum marked as read
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Ted Cruz Said He 'Never Studied' the Pardon Power. But in 2015 He Wrote About the Pardon Power. (Original Post) DonViejo Jun 2018 OP
It's a reflection of the person who wields it C_U_L8R Jun 2018 #1
Once again, duforsure Jun 2018 #2
That was different, it was about Obama and Obama bad mythology Jun 2018 #3
Ted's just so full of..... oasis Jun 2018 #4
So, his 2015 paper NewJeffCT Jun 2018 #5
Probably out of an intern who he was abusing in some ways. . . . nt Bernardo de La Paz Jun 2018 #11
Yes, probably an intern. plimsoll Jun 2018 #18
Unbelievable. The only thing Cheeto got right is that bronxiteforever Jun 2018 #6
If you look at the ratings on those "fact check" sites NewJeffCT Jun 2018 #19
He may be telling the truth... kmla Jun 2018 #7
Too bad the reporter was not ready with a follow up question exboyfil Jun 2018 #8
He just lies all over the place he can't keep up Dem_4_Life Jun 2018 #9
gasp! the zodiac killer is full of shit? who would have thought??? nt Javaman Jun 2018 #10
Ted Cruz and the truth DFW Jun 2018 #12
They couldn't be more full of shit if they were a fertilizer truck. Initech Jun 2018 #13
Just because he wrote an article about it doesn't mean he studied it. malthaussen Jun 2018 #14
Exactly! I was going to make the same point, but you beat me to it. Rabrrrrrr Jun 2018 #20
Oh, I doubt he wrote that in the first place. MineralMan Jun 2018 #15
Guess he wrote it without studying it, elleng Jun 2018 #16
"Conservatives" are in a club that guarantees absolute loyalty. SleeplessinSoCal Jun 2018 #17
It's the Republican way DFW Jun 2018 #21
His memory is shorter than his *fingers* RainCaster Jun 2018 #22

C_U_L8R

(44,998 posts)
1. It's a reflection of the person who wields it
Wed Jun 6, 2018, 08:11 AM
Jun 2018

Smart, compassionate and graceful in a smart, compassionate, graceful person's hands.
Otherwise with a spiteful idiot clown like Trump.

duforsure

(11,885 posts)
2. Once again,
Wed Jun 6, 2018, 08:19 AM
Jun 2018

Ted Cruz shows he's another bold faced liar, just like he's been doing to the people he says he represents, yet has he gone to any border immigration facilities to find out if these immigrant children are being treated properly. He could care less about them or how cruelly they're being treated. He's just another corrupt liar like trump is. Only a more careful talker .

 

mythology

(9,527 posts)
3. That was different, it was about Obama and Obama bad
Wed Jun 6, 2018, 08:19 AM
Jun 2018

It makes perfect sense if you are an insipid immoral imbecile.

oasis

(49,376 posts)
4. Ted's just so full of.....
Wed Jun 6, 2018, 08:27 AM
Jun 2018

himself.💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩💩

plimsoll

(1,668 posts)
18. Yes, probably an intern.
Fri Jun 8, 2018, 10:18 AM
Jun 2018

Even if he wrote it himself. He's probably telling the truth here. Studying usually leads to some degree of learning. Senator Cruz believes he's the smartest person in any room. There's nothing to learn because he already knows "The Truth(tm)."

NewJeffCT

(56,828 posts)
19. If you look at the ratings on those "fact check" sites
Fri Jun 8, 2018, 10:30 AM
Jun 2018

Trump was the biggest liar of them all and the only one even close to Trump was Cruz.

Any wonder that Cruz was the initial client of Cambridge Analytica? CA only moved to Trump after Cruz dropped out of the race.

kmla

(4,047 posts)
7. He may be telling the truth...
Wed Jun 6, 2018, 09:11 AM
Jun 2018

Because he never studied it, and did not write the piece for the Harvard Journal of Law.

Could have been written by one of his staffers, and he just put his name on it. Lied then about writing it. Telling the truth now about not studying it.

That seems like the most likely version to me...

exboyfil

(17,862 posts)
8. Too bad the reporter was not ready with a follow up question
Wed Jun 6, 2018, 09:12 AM
Jun 2018

using this article. Maybe another one will get the chance in the future.

malthaussen

(17,187 posts)
14. Just because he wrote an article about it doesn't mean he studied it.
Thu Jun 7, 2018, 09:52 AM
Jun 2018

In fact, I doubt he did, since it wasn't a factual article. Just get a few flunkies to do the research, and have another flunky string them together comprehensively, then scrawl your own name at the bottom.

-- Mal

Rabrrrrrr

(58,347 posts)
20. Exactly! I was going to make the same point, but you beat me to it.
Fri Jun 8, 2018, 12:48 PM
Jun 2018


Pretty much true about any Jesus-freak GOPer politician - just because they write about or speak about something doesn't mean that they've studied it. In fact, it's pretty much a given that they haven't.

SleeplessinSoCal

(9,110 posts)
17. "Conservatives" are in a club that guarantees absolute loyalty.
Thu Jun 7, 2018, 01:23 PM
Jun 2018

Read about a candidate breaking that rule in a debate with other cons when he tried to criticize trump misogyny, saying he'd use his "second amendment" on him if anyone treated his daughter the way trump treats women. Apparently it is treason to the cause of their conservatism to even carefully speak out.

Cruz is protected from the far worse sin of being a Democrat. WE are the enemy. WE are ISIS to cons.

The country is effed.

DFW

(54,349 posts)
21. It's the Republican way
Fri Jun 8, 2018, 03:59 PM
Jun 2018

Spout off about stuff you know nothing about, have Fox Noise quote you, and--voilà!--instant authority (just add water--or hot air, as the case may be). The number of things Republicans think they know because Fox Noise, National Hate Radio, or propagandist Republican members of Congress told them so, may or may not be greater than the population of the earth, and I wouldn't want to speculate which is the greater number at any given moment.

It does not surprise me in the slightest that Cruz says he knows nothing about something he wrote about. He didn't know anything about it while he was writing about it, either. Foxsuckers STILL will think he's an authority. The very fact that he can write, after all........

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