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Trump's blanket Jan. 6 pardons undermine the rule of law

  

Category:  News & Politics

Via:  gregtx  •  4 hours ago  •  12 comments

Trump's blanket Jan. 6 pardons undermine the rule of law
President Donald Trump went much too far in issuing a blanket pardon to almost every person convicted of offenses committed at the Capitol.

S E E D E D   C O N T E N T


The prosecution of some protesters who were at the Capitol on Jan. 6, 2021, was obsessive and political. Some pardons of nonviolent offenders were justified and, indeed, were needed to undo the damage their hounding has done to the First Amendment.

However, President Donald Trump went much too far in issuing a blanket pardon to almost every person convicted of offenses committed at the Capitol. His clemency for violent offenders, especially those who attacked law enforcement officers, is shameful, weakens the rule of law, and encourages more violence at political events.

Combined with the shameful pardons issued by former President Joe Biden for his family members just minutes before he ceased to be president, Trump's clemency makes the case for reining in presidential clemency powers.

The events of Jan. 6 were not the "coup" or "insurrection" that Democrats suggest, but they were a riot that caused $2 million in damage to the Capitol and left more than 140 law enforcement officers injured.

Violent crimes were committed. Some people came prepared for mayhem with hockey sticks, wrenches, and baseball bats. Those people deserved prosecution and severe punishment. Vice President J.D. Vance said the violent would be separated from the nonviolent. They weren't.

The Biden Justice Department hounded everyone who was there that lamentable day, but that does not make it right to pardon everyone.

More than 1,500 Trump supporters were eventually charged, most for nonviolent offenses such as trespassing. The Biden administration even creatively used a corporate financial record-keeping law to maximize their jail time. This abuse of prosecutorial power was so flagrant that it was shot down by the Supreme Court. The justices noted how selectively the administration used the law to prosecute only Trump supporters and no one else.

Even with their victory at the Supreme Court, hundreds of Trump supporters were convicted of lesser crimes, such as entering restricted areas protected by the Secret Service, even though the government couldn't prove the defendants knew the area they entered was being protected by the Secret Service.

Such defendants deserved a pardon.

However, real bad actors, such as Daniel Ball, who threw an explosive device at police officers, or Tim Boughner, who stole chemical spray from police officers and used it against them, or David Dempsey, who beat one police officer with a metal crutch, did not.

These men deserve punishment and should not have been pardoned. Security officers had the right and duty to use force to repel those who were trying to break into the Capitol. Pardoning violent rioters is bad. Pardoning rioters who committed violence against police officers trying to restore order is worse.

It was less than two weeks ago that Vance told Fox News, "Look, if you protested peacefully on Jan. 6 and you've had Merrick Garland's Department of Justice treat you like a gang member, you should be pardoned. If you committed violence on that day, obviously, you shouldn't be pardoned."

Vance was right then, and Trump is wrong now.


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GregTx
Professor Guide
1  seeder  GregTx    4 hours ago
More than 1,500 Trump supporters were eventually charged, most for nonviolent offenses such as trespassing. The Biden administration even creatively used a corporate financial record-keeping law to maximize their jail time. This abuse of prosecutorial power was so flagrant that it was shot down by the Supreme Court. The justices noted how selectively the administration used the law to prosecute only Trump supporters and no one else.
 
 
 
JohnRussell
Professor Principal
2  JohnRussell    4 hours ago

Trump was too fucking lazy and/or impatient to sift through all the cases and see who the non violent ones were. He said "fuck it, release them all". 

 
 
 
Robert in Ohio
Professor Guide
2.1  Robert in Ohio  replied to  JohnRussell @2    4 hours ago

On this we agree completely!

 
 
 
Robert in Ohio
Professor Guide
3  Robert in Ohio    4 hours ago

I agree that the blanket pardon of those who participated in the Jan 6 riot at the capitol, went way too far.

I also question the standard set by President Biden of pardoning people for things that they might be charged with in the future.  No one on the left should be the least bit surprised if President Trump does the same for anyone remotely associated with his inner circle and all his family before he leaves office.

 
 
 
Split Personality
Professor Guide
3.1  Split Personality  replied to  Robert in Ohio @3    3 hours ago

Then someone will sue someone and it will quickly escalate to the Supreme Court which will disallow the practice.

 
 
 
Kavika
Professor Principal
4  Kavika     4 hours ago

I just read one of those that Trump pardoned has been rearrested on another charge. Didn’t get the details.

 
 
 
Freefaller
Professor Quiet
4.1  Freefaller  replied to  Kavika @4    3 hours ago

Didn't get the details either but saw that it was a weapons violation charge

 
 
 
devangelical
Professor Principal
4.3  devangelical  replied to  Kavika @4    3 hours ago

I'm sure the boys in blue will be extremely interested in any pardoned cop-assaulting "political prisoners" in their own jurisdictions.

 
 
 
Greg Jones
Professor Participates
5  Greg Jones    3 hours ago

If the powers that were had been content to carefully sort out the acts the violent troublemakers that were on video or witnessed by LE from the vast majority of people who simply wandered through or were escorted by security guards, this whole scale pardon wouldn't have happened.

But no, the left had to make examples of ALL these attendees by overreaching, overcharging, and over sentencing people who were mostly observers, apparently without due process in many cases. I don't agree with pardoning, but considering the disgraceful pardons and clemency given by Biden, especially to his family members, I can understand Trump's mindset.

 
 
 
Split Personality
Professor Guide
5.1  Split Personality  replied to  Greg Jones @5    2 hours ago
If the powers that were had been content to carefully sort out the acts the violent troublemakers that were on video or witnessed by LE from the vast majority of people who simply wandered through or were escorted by security guards, this whole scale pardon wouldn't have happened

What do you think they were doing for three years? 1265 charged; 718 guilty pleas, 171 who went to trial and lost based on the evidence collected and presented.

But no, the left had to make examples of ALL these attendees by overreaching, overcharging, and over sentencing people who were mostly observers, apparently without due process in many cases.

Your imagination defies realty.

I don't agree with pardoning, but considering the disgraceful pardons and clemency given by Biden, especially to his family members, I can understand Trump's mindset.

I think the idea of preemptive pardons will fail the SCOTUS test,

That being said, Trump's mindset didn't change, he promised full pardons for a year then changed his mind last week days before Biden's preemptive pardons.

 
 
 
Sean Treacy
Professor Principal
6  Sean Treacy    2 hours ago

I think there's something to be said for the argument that legal though they may be, both Bidens and Trumps mass commutations, pardons etc undermine the rule of law. But the damage they've done are significantly less than  the preemptive pardons where  Biden handed out immunity for 11 years of crimes, whatever they may be.  Pardons and commutations post sentencing are much more justifiable than pardons for crimes that haven't been exposed through a public trial. 

 
 

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