All good points if true. However I will say that to my limited understanding a crime under a specific law having been pardoned, that same law can then not be used to prosecute this crime anymore. Meaning states would have to find a different (preferably state) law under which the same offence is punishable.
And that is all disregarding other issues like packed courts, republican controlled states, the vagueness of double-jeopardy in this regard, and the general chilling effect a presidential pardon would have on prosecutors to even press charges in the first place.
The loss of benefits is easily circumvented by promising a golden parachute along with the pardon, so I could still see a lot of fanatics doing the crime “for country and freedom” or whatever they tell themselves.
Overall this seems like a potentially dangerous erosion of checks and balances that is easily abused when put in the wrong hands. As the dissenting opinions in the ruling openly state.
I don’t disagree with that in the grand scheme of things. But a presidential pardon can only be accepted under the understanding that the person who receives it is admitting by accepting it that they committed the crime. As such a service member with a dishonorable discharge would not have their benefits re-instated, for instance.
Yeah but like I said, if you promise some other form of compensation on the level or above what they lose in benefits, you will still find people willing to follow these illegal orders. Hell you could find people willing to follow illegal orders even before this ruling, but now that the presidents right to give illegal orders is explicitly enshrined in constitutional jurisprudence this pre-existing problem is much worse. I doubt those people will care about a dishonourable discharge, on the contrary it will make them martyrs to “the cause” and they will be worshipped for it. And it remains to be seen how all this would play out in court, I guess it’s quite possible for the defence to argue that if the president has immunity for giving orders, their subordinates have immunity for following those orders.
That it was offered is nigh impossible to prove if the offer is only made verbally though. And conversely, if they make the offer an “official act” they are immune again.
All good points if true. However I will say that to my limited understanding a crime under a specific law having been pardoned, that same law can then not be used to prosecute this crime anymore. Meaning states would have to find a different (preferably state) law under which the same offence is punishable.
And that is all disregarding other issues like packed courts, republican controlled states, the vagueness of double-jeopardy in this regard, and the general chilling effect a presidential pardon would have on prosecutors to even press charges in the first place.
The loss of benefits is easily circumvented by promising a golden parachute along with the pardon, so I could still see a lot of fanatics doing the crime “for country and freedom” or whatever they tell themselves.
Overall this seems like a potentially dangerous erosion of checks and balances that is easily abused when put in the wrong hands. As the dissenting opinions in the ruling openly state.
I don’t disagree with that in the grand scheme of things. But a presidential pardon can only be accepted under the understanding that the person who receives it is admitting by accepting it that they committed the crime. As such a service member with a dishonorable discharge would not have their benefits re-instated, for instance.
Yeah but like I said, if you promise some other form of compensation on the level or above what they lose in benefits, you will still find people willing to follow these illegal orders. Hell you could find people willing to follow illegal orders even before this ruling, but now that the presidents right to give illegal orders is explicitly enshrined in constitutional jurisprudence this pre-existing problem is much worse. I doubt those people will care about a dishonourable discharge, on the contrary it will make them martyrs to “the cause” and they will be worshipped for it. And it remains to be seen how all this would play out in court, I guess it’s quite possible for the defence to argue that if the president has immunity for giving orders, their subordinates have immunity for following those orders.
At the point where you are offered some other form of compensation, I believe that would be considered a bribe, which is also illegal.
That it was offered is nigh impossible to prove if the offer is only made verbally though. And conversely, if they make the offer an “official act” they are immune again.