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struggle4progress

(118,282 posts)
Fri Aug 25, 2017, 10:47 PM Aug 2017

Pardon Could Spark A Constitutional Crisis

Andy J. Semotiuk

President Trump's Friday pardon of Joe Arpaio, who was Sheriff in Maricopa County, Arizona, and who was found guilty of criminal contempt last month for disregarding a court order in a racial profiling case, is a dangerous step in the direction of a constitutional crisis ... Trump's pardon is not only a political act, but also a challenge to the legal system ...

This decision .. undermines the predictability of the legal system. The predictability of how the law will be applied is a hallmark of a free society ... In the end, there is only one choice, the rule of law or rule by law. Rule of law means that all of us are equally treated by the law. The essence of the rule of law is that an individual can predict in advance with reasonable certainty how he or she will be treated by the American legal system for a transgression of its rules. Rule by law means that instead of the courts, an individual in power can decide who should and who should not be punished ... In short, the decision in circumstances like this one, is whether a court judge or the President should make the decision. This case sets the dangerous precedent that the President will be the arbiter of what is right and what is wrong in America. Legally .. this is not what the constitution intended ...

... It is not the proper role of the President to exempt individuals from the rulings of the legal system whenever he likes. For America to work as a country it is necessary for the President to respect and abide by the rulings of the judicial system. In the days ahead we can expect a great deal of debate on this theme. A power struggle between the executive and judicial arms of the U.S. government is a crisis American society cannot afford. While it is a tradition that at the end of a President's term the President can pardon certain individuals whose cases are brought to the President for consideration through a vetting process, that is not what happened here. What if President Trump does not like how other individuals who seek to implement his programs are treated by the courts? Will he use his pardon power to protect them? Will only those who are beholden to him be safe from prosecution? Will it matter what the courts decide? ...

... It signals .. that those who take improper measures to remove immigrants .. will be immune ...

https://www.forbes.com/sites/andyjsemotiuk/2017/08/25/trumps-pardon-of-sheriff-arpaio-could-spark-a-constitutional-crisis/#4e73fede351e

14 replies = new reply since forum marked as read
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Pardon Could Spark A Constitutional Crisis (Original Post) struggle4progress Aug 2017 OP
Let's hope it will! imanamerican63 Aug 2017 #1
Repubs will be deeply concerned and do nothing. Amaryllis Aug 2017 #2
Yep, all talk no action. Luciferous Aug 2017 #3
No doubt workinclasszero Aug 2017 #14
Professional criminals like Trump hate the legal system TeamPooka Aug 2017 #4
We've had a constitutional crisis ever since Jan 20th. n/t Odoreida Aug 2017 #5
...of 2001. n/t JHB Aug 2017 #6
+1,000,000,000 n/t Odoreida Aug 2017 #13
I would love LittleGirl Aug 2017 #7
Damn. I have been saying this ever since the idea was floated. Stonepounder Aug 2017 #8
I think this was an act of war. Initech Aug 2017 #9
Following up on last month's Executive License to Abuse Prisoners. Marcuse Aug 2017 #12
Kick! smirkymonkey Aug 2017 #10
Pardon early, Pardon often Marcuse Aug 2017 #11

LittleGirl

(8,287 posts)
7. I would love
Sat Aug 26, 2017, 01:29 AM
Aug 2017

For that to be true. But anymore in this country, the rich have all of the power. They don't pay for their crimes. Bernie Madoff went to jail because he stole from the rich. He is the only one. The CEOs of the banks that foreclosed on people fraudulently, walk free. The Corporations have all of the power now.

Stonepounder

(4,033 posts)
8. Damn. I have been saying this ever since the idea was floated.
Sat Aug 26, 2017, 01:34 AM
Aug 2017

Trump is working as hard as he knows how to delegitimize 1) the press, 2) Congress, 3) the Rule of Law. He wants to be the dictator and 'decider in chief' and to hell with the other branches of government.

Initech

(100,068 posts)
9. I think this was an act of war.
Sat Aug 26, 2017, 01:37 AM
Aug 2017

He threw out the rule of law today and basically said that it's open season for law enforcement to do whatever they want and there's no consequences.

Marcuse

(7,479 posts)
11. Pardon early, Pardon often
Sat Aug 26, 2017, 02:15 AM
Aug 2017

[l

|
This is out of Putin's playbook. His operations are dependent on his personal assurance to his operatives that they will face no consequences. We may soon need a Magnitsky Act for Americans.
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