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Comment by mindslight

5 hours ago

Presumably they're relying on mass pardons, like for the profligate self-enrichment, the open treachery of deliberately alienating our allies, the domestic terrorist gangs killing protestors, etc.

But it occurred to me the other day - pardons aren't some ineffable thing, but rely on the discretionary power of the executive (plus some dubious ability to bind future executives). But if we actually get the rule of law back at some point (ie no more sparkling autocracy aka "unitary executive theory"), then Congress should be able to make a law declaring that all those prosecutions need to be pursued. And it wouldn't be an ex-post-facto law because the illegal actions had already been illegal when they were performed, rather the only legal effect would be declaring that the executive (or ideally an independent agency) must perform the prosecution.

(edit: pardon power is mentioned in the Constitution - "[the President] shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment". But that would seem to apply to only some of the crimes. And one would hope that if we were at the point where there was a political mandate to take these traitors to task, an impeachment and conviction could be quite swift - there needs to be impeachments and criminal convictions for most of the Supreme Council as well)