• SwingingTheLamp@midwest.social
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    5 months ago

    Why aren’t these guys in jail? Seriously. I mean, I know the theory of the rule of law and all, but even our widely-acclaimed greatest president suspended habeas corpus when insurgent seditionists tried to overthrow the Union.

      • CraigeryTheKid@lemm.ee
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        5 months ago

        it’s still unfathomable that trump was “allowed” (I know it was “legal”, don’t point that out) to pardon his literal partners-in-crime. He basically has already self-pardoned himself by proxy by allowing these traitors to walk free.

      • SwingingTheLamp@midwest.social
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        5 months ago

        I’m not sure if I’m joking. In any case, the writ of habeas corpus is the legal tool that a court can theoretically use to compel the appearance of a prisoner before it. It is the legal doctrine that underlies the right to trial, and I say “theoretically” because courts rarely need to issue one; it’s just standard procedure to bring people to court to face charges.

        By suspending it, Abraham Lincoln could detain those people he deemed dangerous seditionists indefinitely, because the detainees would have to go to court to challenge their detention, and there was no way to get to court. The effect of suspending it again is that it wouldn’t matter that Baboon (autocorrect and I’m leaving it) and Stone were pardoned, or that there were even criminal charges.

        Lincoln did it, George W. Bush did it. Barack Obama did it. The Constitution contains a clause which allows it to be suspended due to rebellion or threats to public safety. It’s a dangerous thing to allow a president to do, but the MAGA danger might be greater.

      • SwingingTheLamp@midwest.social
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        5 months ago

        As in my other reply, the Constitution allows the suspension of habeas corpus in cases of rebellion or threats to public safety, and without that writ, charges and sentences are irrelevant.

        • rsuri@lemmy.world
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          5 months ago

          The Supreme Court has held that the Constitution contains a right to habeas corpus in Boumedine v. Bush. The Lincoln thing was never fully litigated and was probably unconstitutional.

    • Burn_The_Right@lemmy.world
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      5 months ago

      Throughout human history, laws have never stopped conservatism. Jails have never stopped conservatism. Pacifism has never stopped conservatism. Only force has ever stopped conservatism. Only force.

        • Pips@lemmy.sdf.org
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          5 months ago

          Tankies are literal authoritarians. People say they’re “authoritarian communists,” which ignores they’re mostly Maoists or Stalinists, both of whom were closer to fascism than the left. It sort of ignores the basic premise of communism or even socialism to have a single authoritarian ruler. Kind of like how the Nazis called themselves socialists. I guess they were a workers’ party to start, but I don’t think you can reasonably conflate their ideology with the tenets of socialism.

          • nyctre@lemmy.world
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            5 months ago

            No, you don’t understand. The problem is that those people haven’t had enough time to bring upon real communism. Real communism hasn’t been reached yet. They want to let the Maos and Stalins of the world have enough time to reach communism. Things will surely be different with the next guy.

        • barsquid@lemmy.world
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          5 months ago

          People get called that when they’re pretending to be far left while urging everyone to take the exact actions the Repubs want them to take.

            • pyre@lemmy.world
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              5 months ago

              that would be people who are essentially voting for trump, so yeah, why not.

            • Censored@lemmy.world
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              5 months ago

              Tankie is the pro-authoritarian left. The Stalinists essentially. The ones who think it’s appropriate to send in the tanks to quell a socialist or communist uprising because it has a tint of democracy in it, which may cause their strong leader to lose dictatorial power.