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Re:Obama is seriously considering a pardon for Chelsea Manning by harry8 on Wednesday January 11, 2017 @11:05PM (#13379753)
Presidential pardons are corrupt by definition. They transgress the rule of law and equality before it. If you think someone needs a presidential pardon, just back up and think "which law is horrible and unjust and must be reformed." If not the law maybe the courts. Pardon at best is a fig leaf over a gaping wound. At worst, well pick them out yourself - the best you can say about it is that it looks really, really bad.

https://en.wikipedia.org/wiki/Bill_Clinton_pardon_controvers...

Re:Obama is seriously considering a pardon for Chelsea Manning by sparky_z on Wednesday January 11, 2017 @11:19PM (#13379799)
Pardons can certainly be corrupt, but I don't think they're corrupt by definition. I think of them as a last line of defense-in-depth against unjust convictions. After all, no organization made up of humans can be perfect, and the court system (of any nation) is no exception.

Of course, pardons are misusable. I would support, for example, disallowing presidential pardons in the last year of a presidential term, so that Presidents can't cut and run from the political consequences of their last minute pardons. That could cut down on egregious abuses like Clinton's.

Re:Obama is seriously considering a pardon for Chelsea Manning by harry8 on Wednesday January 11, 2017 @11:21PM (#13379808)
If the conviction is unjust either the law is unjust and should be reformed or the system is unjust in not providing a reasonable, equitable and useful avenue of appeal to overturn the injustice.

Corrupt by definition because it is always a corruption of "equality before the law"

Re:Obama is seriously considering a pardon for Chelsea Manning by sparky_z on Wednesday January 11, 2017 @11:25PM (#13379822)
Suppose we abolished presidential pardons. Now, couldn't the exact same argument be used in favor of abolishing the final layer of appeals courts? And then the layer below that?

Keep in mind that many (most?) people consider interrelated checks and balances between the different branches of government to be a good thing. And the system was designed to be biased in favor of false negatives in order to reduce as much as possible the incidents of false positives (wrongful convictions). I consider that a feature, not a bug.

Re:Obama is seriously considering a pardon for Chelsea Manning by harry8 on Thursday January 12, 2017 @12:19AM (#13379984)
No, emphatically not.

Appeal courts rule on law. You see the difference?

Re:Obama is seriously considering a pardon for Chelsea Manning by sparky_z on Thursday January 12, 2017 @12:57AM (#13380105)
I see the difference, but I don't see how it matters. Pardon's are a legal mechanism. They were built into the system from the very beginning. The fact that they take different factors into account (by design) doesn't somehow make them illegitimate.

You didn't quite explicitly say this, but it sounds to me like you want to make sure every unjustly convicted person suffers as publicly and viscerally as possible in order to drum up the political will for change. (I can't think of any other principled reason to oppose a mechanism to free the innocent victims of an imperfect system.)

I suppose it's easy to feel that way when it's not you or one of your loved ones in that position. To them, it's not just a "fig leaf". It's getting their life back.

Re:Obama is seriously considering a pardon for Chelsea Manning by harry8 on Thursday January 12, 2017 @01:44AM (#13380277)
No. And kindly don't put words in my mouth.

The rule of law and equality before it is a principal I believe in. Some politician being able to arbitrarily decide that the rule of law does not apply to a particular person is a violation of that principal.

Maybe one day you'll see why it matters.

Re:Obama is seriously considering a pardon for Chelsea Manning by sparky_z on Thursday January 12, 2017 @02:27AM (#13380466)
My apologies if I was misrepresenting your position. I was basing my take on these words:

> If you think someone needs a presidential pardon, just back up and think "which law is horrible and unjust and must be reformed." If not the law maybe the courts. Pardon at best is a fig leaf over a gaping wound.

Maybe you don't like to put it this bluntly, but it seems pretty clear that you were saying "pardoning is never justified, just reform the legal system instead." I saw no consideration in any of your statements for the possibility that some of these unfortunate souls could get some relief in the meantime while the long, hard, and uncertain work of reform is carried out. No, that would be "at best a fig leaf", meaning something covers up a dirty secret, alleviating shame and embarrassment.

If you feel I'm misrepresenting your original argument, I'm willing to listen to an alternative explanation of what you meant. But until one is offered, I stand by what I said. It was a reasonable interpretation of your words as you wrote them.

By the way, you keep describing this as the President "being able to arbitrarily decide that the rule of law does not apply to a particular person". This is an effective rhetorical technique because it conjures up images of corrupt witch hunts, political retribution, secret prisons, and other such nightmarish scenarios encountered in totalitarian distopias. You're leaving out the fact that the politician can only decide this in one direction - toward innocence. It can't be used to punish anybody. It can only be used to delight them. I consider this an example of the Noncentral Fallacy[0].

> Maybe one day you'll see why it matters.

Maybe, rather than putting on an air of dismissive superiority and suggesting that I'm just not wise and experienced enough to see the world the way it really is, you could provide an actual example of how it could matter to me in a negative way.

[0] http://lesswrong.com/lw/e95/the_noncentral_fallacy_the_worst...

Re:Obama is seriously considering a pardon for Chelsea Manning by lotsofpulp on Thursday January 12, 2017 @07:29AM (#13381700)
It seems to provide a get out of jail free card for corrupt leaders:

https://en.wikipedia.org/wiki/Pardon_of_Richard_Nixon

That can affect you in a negative way.

Re:Obama is seriously considering a pardon for Chelsea Manning by tdb7893 on Thursday January 12, 2017 @02:16PM (#13385195)
You seem to be arguing for a legal system completely without human discretion as humans being able to make decisions is inherently unequal (for example sentencing is different based on time of day). I'm not sure a legal system with no human discretion is tenable, though.
Re:Obama is seriously considering a pardon for Chelsea Manning by taneq on Thursday January 12, 2017 @08:00AM (#13381840)
I believe they're an acknowledgement that the system cannot be perfect and some small amount of manual tinkering will always be needed for it to always do what seems right.
Re:Obama is seriously considering a pardon for Chelsea Manning by namlem on Wednesday January 11, 2017 @11:45PM (#13379883)
It's some of A and some of B. Sometimes unjust laws stick around even if the majority of the population thinks they're unjust. Courts are also overburdened with cases and as a result operate very inefficiently. Both of these are caused by our broken political system.
Re:Obama is seriously considering a pardon for Chelsea Manning by pera on Wednesday January 11, 2017 @11:47PM (#13379888)
The presidential pardon is defined by the constitution, therefore it can't be "corrupt by definition".
Re:Obama is seriously considering a pardon for Chelsea Manning by harry8 on Thursday January 12, 2017 @12:21AM (#13379997)
Your understanding of what corruption is and mine are different.
Re:Obama is seriously considering a pardon for Chelsea Manning by ionised on Thursday January 12, 2017 @07:30AM (#13381703)
Corruption can be codified into law.
Re:Obama is seriously considering a pardon for Chelsea Manning by rz2k on Thursday January 12, 2017 @01:15AM (#13380172)
When talking about the short run and long run implications of anything it must be acknowledged that in the long run we're all dead. Furthermore, in the medium term a very large portion of people's lives can be wasted.

Instinctually, I tend towards preferring legalism, and the formation of institutions rather than cults of personality and the types of ad hoc choices that undermine rational preferences in policy decisions.

However, politics are human with outputs often affecting inputs and any number of chaotic dynamics, such that a controlled corruption of some sort might be useful. Especially if the point of political leaders is to lead while environments are in flux, it makes sense that they'd occasionally find someone guilty of a current law not guilty in the context of where the law should be.

Taking a very large step back, it may have been a historic mistake by the President to pardon the large number of Americans who committed torture and ordered people to be torturers. It was unseemly to even consider the type of punishment people meritted for doing what they claimed was work for their country, and possibly as problemmatic to consider the last VP or even President being imprisoned or an even more severe punishment.

On the one hand that likely would have ushered in cycles of political retribution that were violent and vindictive. On the other, the pardons have allowed people to pretend that torture isn't definitively illegal regardless of any claimed justifications.

Re:Obama is seriously considering a pardon for Chelsea Manning by erikpukinskis on Thursday January 12, 2017 @12:37AM (#13380042)
The law always had gaps. By virtue of its written-down-ness. Pardons are for when someone very definitely did break the law, and for all same readings of a sane text they are guilty, but the heart of the people says let them free.