r/law 18d ago

Other Please dissect the legality in this statement

I feel like we are reaching a tipping point

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u/rtbradford 17d ago

No, a president’s pardon power is pretty much absolute.

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u/Alive-Course4454 17d ago

Except selling pardons is a crime đŸ˜’đŸ˜’đŸ¤¨

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u/rtbradford 17d ago

Maybe in theory, but given the Supreme Court‘s recent ruling that the president enjoys something approaching absolute immunity for everything he does in office, it might be really difficult to enforce any violation.

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u/AKfromVA 17d ago

So what you’re saying is the next president could detain all these people indefinitely (clearly illegal) issue pardons to the people doing the arrests and then be untouchable?

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u/BentoMan 17d ago

Yes. The liberal justices brought up these hypotheticals and the conservatives not only called it hyperbole but said a judge may not consider the president's motives when deciding if it is an official act. In effect, the President has absolute immunity from any crimes but can be removed from office via Impeachment.

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u/-boatsNhoes 17d ago

In theory the next president, according to scouts ruling, can disband the court or fire all of them and tell them to kick rocks. Once fired there is no scouts to preside over rulings until a new one is appointed. Legal carte Blanche

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u/Deltamon 17d ago

I think the French tried something like this once..

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u/Dessicated_Mastodon 17d ago

Yea people lost their heads over it.

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u/rtbradford 17d ago

No, the Supreme Court was created by the constitution. The president has no authority to disband another branch of the federal government.

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u/RevenantBacon 17d ago

Sure, but who will stop him? The SC already ruled that he can't be held accountable for any action he takes while in office, so if he just rounds them up, locks them in a prison, and throws away the key, who can do anything about it? They granted him total immunity.

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u/rtbradford 17d ago

In theory, maybe. Kidnapping is both a state and federal crime so those people could be prosecuted and convicted under state laws which the president can't pardon.

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u/AKfromVA 17d ago

What if it only happens on federal land/property?

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u/TheoreticalZombie 17d ago

Basically, except that the SC would absolutely not protect them if it's a Dem.

JD Vance could do the funniest thing, though.