Former President Donald Trump on Thursday formally notified the judge overseeing the Georgia election subversion case that he “may” try to move his state case into federal court.
This is true, but what I have not seen discussed is that the Georgia Pardon and Parole board can consider a request to commute the sentence immediately, and can choose to reduce or eliminate any sentence handed down.
Hmm. I was under the impression that the governor couldn’t even pardon someone in GA unless they had served out 5 years of a sentence, thus guaranteeing jail time.
You’re right. A pardon in Georgia cannot even be requested from the Pardon and Parole Board until five years after any sentence is served. Commutation of a sentence is a different thing altogether.
Pardon is “You don’t receive any punishment for this crime.” Commutation is “After consideration, the sentence you received is being reduced.” And in commutation, the sentence can be reduced to zero.
The Georgia Pardon and Parole Board can consider a request for commutation immediately after sentencing, and can commute a sentence immediately, again, that’s reducing a sentence, including a 100% reduction.
the Georgia Pardon and Parole board can consider a request to commute the sentence immediately, and can choose to reduce or eliminate any sentence handed down.
Thanks, (this is good information to know, but) I hate it.
That happened in the Weimar Republic, too. Hitler wrote Mein Kampf in prison, and plenty of people got arrested for things like the Beer Hall Putsch. Stay vigilant and organized, politically cooperate with anyone who opposes the Republicans, don’t take it for granted that the courts will handle this neo fascist ideology for us, you know?
That’s only true if he can pardon himself for the election interference. That’s not going to happen unless they move the case to federal court.
That wouldn’t work either. The first step in a pardon is that the person convicted has to admit guilt to trying to steal the election. If he straight up admits guilt that’s clearly a Fourteenth Amendment violation.
This is a common misconception. While a pardon does mean some things (like removing your ability to plead the 5th in relation to the related case), it remains very disputed whether it constitutes an admission of guilt:
How do you interpret the linked article? To me it read as an essay that argued that pardons neither firmly convey guilt nor innocence because there exists mixed precedence and reasoning for both.
That’s only true if he can pardon himself for the election interference. That’s not going to happen unless they move the case to federal court.
He can’t pardon it no matter what court it’s in; they’re still state charges.
This is true, but what I have not seen discussed is that the Georgia Pardon and Parole board can consider a request to commute the sentence immediately, and can choose to reduce or eliminate any sentence handed down.
Hmm. I was under the impression that the governor couldn’t even pardon someone in GA unless they had served out 5 years of a sentence, thus guaranteeing jail time.
You’re right. A pardon in Georgia cannot even be requested from the Pardon and Parole Board until five years after any sentence is served. Commutation of a sentence is a different thing altogether.
Pardon is “You don’t receive any punishment for this crime.” Commutation is “After consideration, the sentence you received is being reduced.” And in commutation, the sentence can be reduced to zero.
The Georgia Pardon and Parole Board can consider a request for commutation immediately after sentencing, and can commute a sentence immediately, again, that’s reducing a sentence, including a 100% reduction.
Ty for clarifying that for me :)
Thanks, (this is good information to know, but) I hate it.
I’ll explain this I think 45 times in 3 weeks. I wish more people would read.
Edit. That should be past tense lol. Not editing it for prosperity.
Not if he goes the Hitler route and consolidates power. Which honestly, I think he and the GoP are planning to do
Will it work is another discussion, but I’m sure this is what he plans to do
Lots of the “brown shirts” have already been convicted and are sentenced after their actions on Jan 6th.
That happened in the Weimar Republic, too. Hitler wrote Mein Kampf in prison, and plenty of people got arrested for things like the Beer Hall Putsch. Stay vigilant and organized, politically cooperate with anyone who opposes the Republicans, don’t take it for granted that the courts will handle this neo fascist ideology for us, you know?
That wouldn’t work either. The first step in a pardon is that the person convicted has to admit guilt to trying to steal the election. If he straight up admits guilt that’s clearly a Fourteenth Amendment violation.
This is a common misconception. While a pardon does mean some things (like removing your ability to plead the 5th in relation to the related case), it remains very disputed whether it constitutes an admission of guilt:
https://en.wikipedia.org/wiki/Burdick_v._United_States#:~:text=Although the Supreme Court’s opinion,by the recipient is disputed.
Pardoning himself from doing time, doesn’t exclude other provisions against a convicted criminal holding office.
A pardon explicitly states you’re guilty of the crime you’re pardoned for.
Accepting Pardon Doesn’t Admit Guilt
Might want to read what you link.
How do you interpret the linked article? To me it read as an essay that argued that pardons neither firmly convey guilt nor innocence because there exists mixed precedence and reasoning for both.