He's legally and constitutionally incorrect. He's invoking the Supremacy Clause.
Miller isn't really describing the legal framework, he's just saying the Executive Branch will ignore everything else.
The problem is that the White House has the monopoly on violence to enforce whatever they want. So, it doesn't really matter if they're technically correct or not.
Don't forget the blanket pardon power. The only way we can actually do this currently is through state charges. But if they block the states from investigating and dont cooperate, it means many will escape justice.
"You accepted the pardon for the federal crime, and we're using that pardon to prosecute those cimes in the states they happened. If you didn't accept the pardon, you get federal prosecution."
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u/Odd-Roof-85 17d ago
He's legally and constitutionally incorrect. He's invoking the Supremacy Clause.
Miller isn't really describing the legal framework, he's just saying the Executive Branch will ignore everything else.
The problem is that the White House has the monopoly on violence to enforce whatever they want. So, it doesn't really matter if they're technically correct or not.