3 ms·

Presidential pardon immunity is unreversable. There could potentially be a constitutional amendment on this, which is a super high bar, but even then the prohib

Presidential pardon immunity is unreversable. There could potentially be a constitutional amendment on this, which is a super high bar, but even then the prohibition on ex post facto laws would only affect pardons going forward. It will be up to the states.

triceratops 8mo ago
> Presidential pardon immunity is unreversable But presidents are also immune against prosecution for official acts. Could a president just disregard pardons from a prior administration? Immovable object, irresistible force kinda situation right?
- ohyoutravel 8mo ago
  Yes, but the courts would dismiss the case. If not the appeals court would. If not the Supreme Court would.
  - coldpie 8mo ago
    At least 3 members of the Supreme Court are among those working under the current admin who need to be serving life sentences in prison.
    - mikkupikku 8mo ago
      If at least two-thirds of the Senate doesn't agree, then that doesn't matter.
  - ceejayoz 8mo ago
    And then you use presidential immunity to Maduro a few justices.
deleted 8mo ago
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keernan 8mo ago
>>the prohibition on ex post facto laws would only affect pardons going forward. That is plainly wrong. A constitutional amendment can say anything. There are no prohibitions.
- ohyoutravel 8mo ago
  Well, no, it’s in the US Constitution. So I suppose congress could add a constitutional amendment to remove the prohibition on ex post facto laws. But that’s so unthinkable it might as well be a fantasy. Far from “plainly wrong,” which seems unnecessarily aggressive verbiage.
  - wat10000 8mo ago
    Why couldn't the amendment just say, "The presidential power pardon is revoked, and all prior pardons are null and void"? You have to amend the Constitution to remove the pardon power regardless, why would it be so difficult to put in a clause saying that it's retroactive?
  - ceejayoz 8mo ago
    An amendment can’t violate the constitution. It is the constitution. You can do anything.
- fuzzfactor 8mo ago
  Whatever it takes would be worth it. An example needs to be set.

triceratops 8mo ago

> Presidential pardon immunity is unreversable But presidents are also immune against prosecution for official acts. Could a president just disregard pardons from a prior administration? Immovable object, irresistible force kinda situation right?

ohyoutravel 8mo ago
Yes, but the courts would dismiss the case. If not the appeals court would. If not the Supreme Court would.
- coldpie 8mo ago
  At least 3 members of the Supreme Court are among those working under the current admin who need to be serving life sentences in prison.
  - mikkupikku 8mo ago
    If at least two-thirds of the Senate doesn't agree, then that doesn't matter.
- ceejayoz 8mo ago
  And then you use presidential immunity to Maduro a few justices.

deleted 8mo ago

[deleted]

keernan 8mo ago

>>the prohibition on ex post facto laws would only affect pardons going forward. That is plainly wrong. A constitutional amendment can say anything. There are no prohibitions.

ohyoutravel 8mo ago
Well, no, it’s in the US Constitution. So I suppose congress could add a constitutional amendment to remove the prohibition on ex post facto laws. But that’s so unthinkable it might as well be a fantasy. Far from “plainly wrong,” which seems unnecessarily aggressive verbiage.
- wat10000 8mo ago
  Why couldn't the amendment just say, "The presidential power pardon is revoked, and all prior pardons are null and void"? You have to amend the Constitution to remove the pardon power regardless, why would it be so difficult to put in a clause saying that it's retroactive?
- ceejayoz 8mo ago
  An amendment can’t violate the constitution. It is the constitution. You can do anything.
fuzzfactor 8mo ago
Whatever it takes would be worth it. An example needs to be set.