this post was submitted on 22 Jan 2025
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[–] floofloof@lemmy.ca 127 points 8 hours ago (2 children)

She may have been MAGA, but I admire her for having principles and being able to admit to being wrong.

[–] Captainautism@lemmy.dbzer0.com 10 points 2 hours ago* (last edited 2 hours ago)

Finally, a republican with some fucking integrity!

[–] blackn1ght@feddit.uk 79 points 8 hours ago (2 children)

I agree, but:

Pamela Hemphill, who pleaded guilty and was sentenced to 60 days in prison,

If her sentence was 10 years I wonder if she'd still be taking the moral stand.

[–] Shiggles@sh.itjust.works 76 points 8 hours ago

Out of all the hairs to split here, I personally think this is one I’d let slide. Gotta take the little flashes of hope for the next two years, at least.

[–] dohpaz42@lemmy.world 36 points 8 hours ago

If her sentence was 10 years I wonder if she'd still be taking the moral stand.

I would recommend that instead of conditionally forgiving her (based on something we’ll never know), we should give her the benefit of the doubt and assume that yes she would.

[–] HappySkullsplitter@lemmy.world 74 points 8 hours ago (5 children)

Why are they called "rioters" now?

They're insurrectionists

[–] teawrecks@sopuli.xyz 1 points 1 hour ago

Because they're only insurrectionists if they fail...

[–] samus12345@lemm.ee 20 points 5 hours ago

They're part of Trump's private army, the Seditious Shitheads, or "SS" for short.

[–] ShepherdPie@midwest.social 2 points 3 hours ago

Because these people are cash cows for the media so they want to treat them with kid gloves.

[–] tired_n_bored@lemmy.world 40 points 7 hours ago (1 children)

They're insurrectionists, traitors, fascists

[–] FlyingSquid@lemmy.world 11 points 5 hours ago

Terrorists.

[–] glimse@lemmy.world 15 points 7 hours ago (2 children)

No no, they were peaceful protestors! It was a day of love! Trump said so.

[–] themadcodger@kbin.earth 11 points 7 hours ago (1 children)

While also being antifa crisis actors.

[–] FlyingSquid@lemmy.world 6 points 5 hours ago

Yeah, shouldn't Republicans be terrified of Trump letting all of those Antifa people stirring up trouble on January 6th out of prison?

[–] r00ty@kbin.life 7 points 7 hours ago (1 children)

I'm pretty sure he called them hostages on Monday.

[–] FlyingSquid@lemmy.world 2 points 5 hours ago

He's been doing that for months.

[–] ArbitraryValue@sh.itjust.works 54 points 8 hours ago (2 children)

I learned recently that Americans do in fact have the right to refuse a pardon.

[–] FirstCircle@lemmy.ml 3 points 4 hours ago

Same. Imagine being her lawyer now, having to argue on her behalf in court that she is guilty and is entitled to prison time. That she has a right to that prison time and to a permanent criminal record.

[–] ObviouslyNotBanana@lemmy.world 13 points 8 hours ago* (last edited 7 hours ago) (4 children)

~~I might be wrong here, but wouldn't it basically require you to confess the crime?~~

It is not an admission of guilt.

[–] Nougat@fedia.io 113 points 8 hours ago (2 children)

I believe that's true, but that's not why she did it.

"Accepting a pardon would only insult the Capitol police officers, rule of law and, of course, our nation," she said.

"I pleaded guilty because I was guilty, and accepting a pardon also would serve to contribute to their gaslighting and false narrative."

There must always be a path to redemption, and it appears she has chosen to take it.

[–] ObviouslyNotBanana@lemmy.world 27 points 8 hours ago

That's honourable of her and I respect it.

[–] finley@lemm.ee 26 points 8 hours ago

I always give consideration to those who admit they were wrong.

[–] BossDj@lemm.ee 14 points 8 hours ago

I recall a reporter arguing with Joe Arpaio after he was pardoned by Trump. Joe kept saying "I never admitted got" and the reporter repeated "by accepting a pardon, you admit guilt". It went nowhere

[–] Karyoplasma@discuss.tchncs.de 9 points 8 hours ago* (last edited 8 hours ago) (2 children)

Not necessarily. You can plead guilty while still asserting innocence, for example the Alford plea. It means the defendant accepts the sentence, but remains adamant that what they did was okay according to their conscience.

In this case tho, the only alternative is to go free despite your wrongdoing, so it might be more of a "Fuck your pardon, orange twat" reaction.

[–] finitebanjo@lemmy.world 7 points 8 hours ago (2 children)

But US SCOTUS ruled that accepting a pardon is an admission of guilt in 1915

[–] ArbitraryValue@sh.itjust.works 2 points 3 hours ago* (last edited 3 hours ago)

Although the Supreme Court's opinion stated that a pardon carries "an imputation of guilt and acceptance of a confession of it," this was part of the Court's dictum for the case. Whether the acceptance of a pardon constitutes an admission of guilt by the recipient is disputed. In Lorance v. Commandant, USDB (2021) the 10th Circuit Court of Appeals ruled that "there is no confession and Lorance does not otherwise lose his right to petition for habeas corpus relief for his court-martial conviction and sentence.

That's from the Wikipedia article about the case you're referring to. Note that a dictum from the Supreme Court is influential but not binding as a precedent.

However, that case has to do with a preemptive pardon for a crime that the recipient had not yet been accused of. Pardons for a crime that the recipient is currently being punished for may be different. (If the government wants to remove you from prison, can you refuse to leave?) So may pardons for a crime for which the recipient has already completed his punishment.

[–] zabadoh@ani.social 7 points 5 hours ago

Hahaha, you think precedent actually means anything to SCROTUS.

[–] finley@lemm.ee 1 points 8 hours ago

I know that in New York, you can simply plead “no contest” or “nolo contendre”

[–] glimse@lemmy.world 4 points 7 hours ago (1 children)

Accepting a pardon is not an admission of guilt so I don't think refusing one is either. The rest of what she said was a confession, though.

[–] ObviouslyNotBanana@lemmy.world 4 points 7 hours ago

Seems that is true since a couple of years back, at least!

I respect her choice. She seems cool about it.

[–] finitebanjo@lemmy.world 26 points 8 hours ago* (last edited 8 hours ago) (2 children)

That's so wild that the people who tried to overthrow the election results are even capable of this much change so quickly.

[–] ShepherdPie@midwest.social 6 points 3 hours ago

Not really. One can look at other cults where people finally snap out of their trance once they've been separated from their leaders for a while. Not everyone does but many do.

[–] BertramDitore@lemm.ee 4 points 7 hours ago (1 children)

It’s pretty inspiring, really. If there’s one thing the orange assface is right about, it’s that our prison system is horrendous. Now, I’m sure he doesn’t actually care since he’s above the law and will never see the inside of a cell, but I’m willing to bet at least of few of the insurrectionists (many of whom had relatively privileged backgrounds) took their guilty verdict and prison sentence very seriously. It’s probably the first time many of them were ever properly held responsible for their actions, which makes the pardons that much more egregious.

Not that it’s the same thing, but murderers have some of the lowest recidivism rates amongst convicted criminals, because people are first and foremost human, and when given the time most people are capable of understanding the impacts of their actions.

Our justice system does a pretty terrible job in general, but the Jan 6 cases were a rare example of the system working properly.

[–] finitebanjo@lemmy.world 5 points 7 hours ago* (last edited 7 hours ago) (1 children)

Idk, a lot of the Jan6 sentences were very lenient in general.

[–] BertramDitore@lemm.ee 5 points 6 hours ago

For sure, I agree. Many of the sentences could probably have been longer. But clearly some were enough to make a difference for people like this woman. People can change and understand the wrongs they’ve committed if they’re given the opportunity and empathy to do so.

To be clear I’m not making excuses for any insurrectionists. But everybody, even them, deserves a genuine chance to understand the harm they caused with their crimes. If even a few of them can do that, then maybe this whole ordeal wasn’t a complete quagmire.