Executive Powers: Pardons and States of Emergency

[Howl]

I'm going to post this topic with a sincere hope that it doesn't see much action. 

In other threads, we've already covered presidential pardon power.  Refresher: Pardon power is unlimited.  Trump can do it for whomever he pleases, whenever he wants, as long as it's a federal (not civil or state) issue.  Rolling Stone covered this in July 2017:  Trump and Presidential Pardons: What You Need to Know  Why Donald Trump Jr. was comfortable seemingly admitting to a federal crime on Twitter

Now on to declaring a State of Emergency.  Elizabeth Goitein is a co-director of the Liberty and National Security Program at the Brennan Center for Justice, is the author of The New Era of Secret Law.

Here's a link to a video where she discusses a state of emergency: https://www.theatlantic.com/video/index/577249/emergency-powers/

The Atlantic published her long-form article this week discussing a president's ability to declare a state of emergency with virtually no impediment from the legislative or judicial branch, and it made me a bit nervous frankly terrified.  It makes Elizabeth Goitein nervous and she wants us thinking about this.   She gamed out how this might play out in the Trump administration towards the end of her article. 

The Atlantic  What the President Could Do If He Declares a State of Emergency

This is a long article, so settle in and read,  but this is the money quote: 

Quote

The moment the president declares a “national emergency”—a decision that is entirely within his discretion—he is able to set aside many of the legal limits on his authority.

Yup, you read that right.  And Goitein goes on to clarify: 

Spoiler

Unknown to most Americans, a parallel legal regime allows the president to sidestep many of the constraints that normally apply. The moment the president declares a “national emergency”—a decision that is entirely within his discretion—more than 100 special provisions become available to him. While many of these tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader bent on amassing or retaining power. For instance, the president can, with the flick of his pen, activate laws allowing him to shut down many kinds of electronic communications inside the United States or freeze Americans’ bank accounts. Other powers are available even without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.

This edifice of extraordinary powers has historically rested on the assumption that the president will act in the country’s best interest when using them. With a handful of noteworthy exceptions, this assumption has held up. But what if a president, backed into a corner and facing electoral defeat or impeachment, were to declare an emergency for the sake of holding on to power? In that scenario, our laws and institutions might not save us from a presidential power grab. They might be what takes us down.

As I noted, I hope this thread doesn't get much action. But from reading tweets from Tweeters who have had up close and personal interactions with narcissists (parents, wives, husbands), a narcissist is most dangerous and unpredictable when cornered or especially, feeling shamed and cornered.  I can easily see Trump getting to that point.  He's already proven to himself that he can deploy the military to the border to made himself feel strong and in control.  Plus, he just got his ass handed to him in public by Nancy Pelosi and Chuck Schumer, who called his bluff.  He also fears impeachment, plus the John Kelly replacement fiasco is making him look rather pathetic. 

[onekidanddone]

37 minutes ago, Howl said:

I'm going to post this topic with a sincere hope that it doesn't see much action. 

In other threads, we've already covered presidential pardon power.  Refresher: Pardon power is unlimited.  Trump can do it for whomever he pleases, whenever he wants, as long as it's a federal (not civil or state) issue.  Rolling Stone covered this in July 2017:  Trump and Presidential Pardons: What You Need to Know  Why Donald Trump Jr. was comfortable seemingly admitting to a federal crime on Twitter

Now on to declaring a State of Emergency.  Elizabeth Goitein is a co-director of the Liberty and National Security Program at the Brennan Center for Justice, is the author of The New Era of Secret Law.

Here's a link to a video where she discusses a state of emergency: https://www.theatlantic.com/video/index/577249/emergency-powers/

The Atlantic published her long-form article this week discussing a president's ability to declare a state of emergency with virtually no impediment from the legislative or judicial branch, and it made me a bit nervous frankly terrified.  It makes Elizabeth Goitein nervous and she wants us thinking about this.   She gamed out how this might play out in the Trump administration towards the end of her article. 

The Atlantic  What the President Could Do If He Declares a State of Emergency

This is a long article, so settle in and read,  but this is the money quote: 

Yup, you read that right.  And Goitein goes on to clarify: 

  Reveal hidden contents

Unknown to most Americans, a parallel legal regime allows the president to sidestep many of the constraints that normally apply. The moment the president declares a “national emergency”—a decision that is entirely within his discretion—more than 100 special provisions become available to him. While many of these tee up reasonable responses to genuine emergencies, some appear dangerously suited to a leader bent on amassing or retaining power. For instance, the president can, with the flick of his pen, activate laws allowing him to shut down many kinds of electronic communications inside the United States or freeze Americans’ bank accounts. Other powers are available even without a declaration of emergency, including laws that allow the president to deploy troops inside the country to subdue domestic unrest.

This edifice of extraordinary powers has historically rested on the assumption that the president will act in the country’s best interest when using them. With a handful of noteworthy exceptions, this assumption has held up. But what if a president, backed into a corner and facing electoral defeat or impeachment, were to declare an emergency for the sake of holding on to power? In that scenario, our laws and institutions might not save us from a presidential power grab. They might be what takes us down.

As I noted, I hope this thread doesn't get much action. But from reading tweets from Tweeters who have had up close and personal interactions with narcissists (parents, wives, husbands), a narcissist is most dangerous and unpredictable when cornered or especially, feeling shamed and cornered.  I can easily see Trump getting to that point.  He's already proven to himself that he can deploy the military to the border to made himself feel strong and in control.  Plus, he just got his ass handed to him in public by Nancy Pelosi and Chuck Schumer, who called his bluff.  He also fears impeachment, plus the John Kelly replacement fiasco is making him look rather pathetic. 

This is what frightens me. That on January 20, 2021 he just flat out refuses to leave or worse cancels the election

[Howl]

36 minutes ago, onekidanddone said:

This is what frightens me. That on January 20, 2021 he just flat out refuses to leave or worse cancels the election

Or if an impeachment process begins in January 2019 and he knows he may get a big boot in the ass......

[onekidanddone]

33 minutes ago, Howl said:

Or if an impeachment process begins in January 2019 and he knows he may get a big boot in the ass......

He is the abusive spouse and the country is a battered partner. One of the most dangerous times for a victim is when he or she decides to leave.  This is what it feels like to me.

[Howl]

From Task and Purpose website: 

Despite Tweet, Trump Hasn’t Ordered US Troops To Build His Border Wall Yet

Excerpt: 

Quote

“To date, there is no plan to build sections of the wall,” Davis [Pentagon spokesman] said in an email. “However, Congress has provided options under Title 10 U.S. Code that could permit the Department of Defense to fund border barrier projects, such as in support of counter drug operations or national emergencies.”

I would not put it past Trump to declare a national emergency over immigration with a mandate to force active duty military to build the wall.  Just remember, he always, always, defaults to The Wall.

[fraurosena]

This is why I'm glad he can't doesn't read and is an imbecilic ignoramus. If everybody stops talking about the presidential ability to declare a state of emergency, he won't know that he can do it... 

[onekidanddone]

3 hours ago, fraurosena said:

This is why I'm glad he can't doesn't read and is an imbecilic ignoramus. If everybody stops talking about the presidential ability to declare a state of emergency, he won't know that he can do it... 

Yea, but his sons and Princess Treason read as do others in his orbit like Miller and McFuckface.  They have a vested interest in keeping him in power.

[Howl]

I'd have to say that of all the horrible people in the West Wing, evil genius Stephen Miller scares and disgusts me the most.  Miller specializes in immigration cruelties, and he knows how to bring his agenda before Trump, who then brings those suggestions to life, which pleases the base, which pleases Trump, which.....Because he's still there, it's apparent that Miller knows how to navigate the West Wing and retain his power.