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People have a legal right to counsel. Also, people are innocent until proven guilty by a judge and jury. Your suggestion that serving as defense counsel would c
by lukeschlather 10y ago
People have a legal right to counsel. Also, people are innocent until proven guilty by a judge and jury. Your suggestion that serving as defense counsel would conflict with faithful execution of the laws or conserving the peace is sad. I'd say exactly the opposite is true. If there's a conflict of interest it's because the governor doesn't really want to faithfully execute the law, the governor wants to maximize convictions without regard for the law.
- Overtonwindow 10y agoHypothetically speaking, could the Governor acting as defense council not issue a pardon on the spot? I think you're being extremely naive to think the Governor can walk into court and act as defense council without a single worry.
- hga 10y agoIf his client was found guilty, or took a plea bargain, and he then didn't issue a pardon, he'd be making an implicit statement that he thinks the defendant was indeed guilty.... Whatever the Constitutional issues, it's messy for sure, although as noted he could take on the case after he steps down, he just won't be able to spend as much time with his family ^_^.