Someone might have already pointed it out but for me, the sentence of RA is not the main issue, the issue is allowing a single person to stamp through an entire legal system and undermine all of the time and money that is invested in it, even if that person is a president.
I suspect that the idea originally was to give some safety valve but if it is used more than a few times by a President, it makes a mockery of it and it should be removed as a power. How can a President ever decide that the entire legal process is flawed and their opinion is right? If the sentence was too long then change the sentencing guidelines.
Why is it not a bad idea? Isn't it then just an example of Tyranny of the Majority?
Taken to the extreme, we could have an impartial legal system putting in prison criminals from an even mix of society, and then the president pardoning everyone from the majority group, leaving in prison only the minorities.
"Isn't it then just an example of Tyranny of the Majority?"
And how would you call a justice system, so complicated and convulted and therefore expensive that poor people (from minorities) don't really stand a chance to get their justice there?
Obviously Ross was not in that group, but I see presidential pardon as a potential tool to counter the flaws of the justice system.
And till those steps are implemented, don't you think you would enjoy it, if the next president would pardon Snowden, or your personal favorite case of unjustice?
As if the laws and justice of a nation are a questions of personal favorites! Maybe I have read too much enlightenment philosophers, but I happen to think in terms of general principles in this case.
This might be a good first step, too. Read more books from a time when people were struggling with arbitrary justice.
So you don't have them. That's ok. And thank you, but I did read a lot of books. History, politically, .. I just apparently came to different conclusions, but it is ok for me to not take this deeper here.
In a similar situation a majority could simply make it illegal to belong to the minority group. And without a way to pardon them the damage would be permanent.
You want a majority to be able to decide who gets punished and who goes free, and even the best designed laws will have unforseen consequences. If the majority is 'evil', well there's just not all that much that can be done in a democracy. Yes it would be better to live in a dictatorship of the most virtuous person in existence, but if you ever figure out how to do that please let me know.
Which is exactly what we do have: a president pardoning everyone from the majority political group. It's not consolation that the majority/minority groups are roughly equal.
Personally, I view the pardon as a form of veto power on the judiciary. Why is it reasonably that a president can veto controls, but not the judiciary?
All of the presidents pardon tons of people unpalatable to the other side of the political spectrum. They usually just save it for the end of their term so it doesn’t cause too much noise.
While it is true that there is always controversy, this does not mean that there is equivalency.
Yes, every president has pardons that are arguable (Biden pardoning his son, for example). And anyone pardoned has been found guilty of a crime, by definition. But not all crimes are equal.
Pardoning 1500 people that participated in a (luckily failed) insurrection that caused 5 deaths and 100+ injured, is an extremely bad precedent, and sends a very bad signal.
Pardoning people convicted of marijuana possession (like Biden did) is not the same thing as pardoning the head of the worlds biggest guns and drugs marketplace. Even if he did not kill anyone himself (it was proven, just to a lesser extent, but fine). Those drugs and guns most definitely did kill people.
> Pardoning 1500 people that participated in a (luckily failed) insurrection that caused 5 deaths and 100+ injured, is an extremely bad precedent, and sends a very bad signal.
Because you’re political view of it is indeed that they were having an insurrection. To the right they were just having a protest that got violent but not anymore violent than any of the others throughout the country that year.
> Pardoning people convicted of marijuana possession (like Biden did)
You mean he pardoned a bunch of drug dealers who will now go back selling drugs to children?
Do you see the issue here? The justice system is to try to cut through the bias and selectively choosing which part of the justice outcomes to ignore is going to be extremely political.
Anything clearly obvious is usually resolved by higher courts so the pardons are completely for when the president just decides “fuck the law in this particular way”.
Sure. It is true that violence and unrest is something that happens more often. And not everyone that day came to storm the senate.
But, as usual, this is a case of false equivalency.
Can we agree that when violence results in penetration of the national seat of power, during the transfer of power, that changes from "civil unrest" to "insurrection"?
This is like saying "but your honor, fights happen all the time", when trying to defend yourself after robbing a bank.
I won't even go into the fact that there is ample evidence that it did not "just got violent". Even if not everyone came there to storm the senate, there is ample videographic proof of people arriving geared up and organized.
Now. Regarding those "bunch of drug dealers". In fact, Biden commuted the sentence of 1500 non-violent offenders so that their punishment was in line with the punishment they would receive today. He pardoned 49 people that mostly have already purged their sentence and today are productive members of society (and there were being kept back by their record)
Really. Spend two minutes reading through the list of pardons, and after reading about the lives of these people, then tell me if you still think those people will sell drugs to children.
Honest question/thought experiment: if we only elected people who are qualified for their job (assume we can measure competence at least in some dimensions like we do for a myriad of other professions before we allow people to work in them) and if the election process was set up in a way where when casting your ballot you have to take a multiple choice quiz which tests for basic knowledge on what you will vote for and the country you’re in (as in “what is the household budget roughly, is this candidate in favour or against x, did the crime rate increase or decrease nominally” take these as rough examples of what I mean), to ensure that the people who vote for something have some clue what they are voting for and the broader context it’s embedded in (we require a license to drive a car, this would be akin to have a having a license to vote) would that remedy the situation a little? The idea would be that informed people would vote for informed people. Could you imagine this being a net benefit or not? I would assume it would make democracies significantly better than they are now. Imagine going to a doctors office to find out your doctor is a Plummer and he was voted into this job and that the people working for him and handling your prescription is a random assortment of people he seems to like.
I'm sure there are benefits and that might it help overall if implemented here and now in our current America with our current levels of public access to civics and career education (MAYBE.) However, this change would be the exact opposite or a total repeal of the Voting Rights Act of 1965, which good people died for. At a meta level, I trust those who died for voting rights to care more and know more about the correct answer to your question than I do, and I guess I would recommend to look back at historic speeches from MLK and other leaders to understand their full reasoning about why literacy tests were either irredeemable or undesirable, and their reasons for thinking so.
If we assume that both you and MLK were right, but that different policies better suit different conditions, then your proposal could maximize meritocratic effectiveness in an already-very-fair society, whereas MLK's way (the Voting Rights Act) provides a better minimum standard of human rights (similar to 1st and 2nd Amendment protections for people).
Thanks for pointing me to that. One thing that stands out about that argument though is that voting is already discriminatory, right? Permanent residents and minors are not allowed to vote (the latter because we take age as a proxy of competency, no?), despite facing the consequences of elections just as anyone else does. I do understand that a risk for misuse absolutely exists, but at the same time it looks like populism, social media abuse, smear campaigns, science denial and plain old corruption in sheep's clothing are rampant enough that we can agree that many many votes are cast by misled people, who would have made another choice if they really understood what they voted for. I guess it would boil down to the difficult question of which harm is greater.
I've had this thought before and my tentative conclusion is "no". It boils down to the purpose of democracy which is NOT to produce the best government but to make people feel ok about having a government at all.
The Ancient Greek experiments with democracy seem to culminate in a system that “gives you the government you deserve”. But those citizens also faced dire consequences for causing any harm to society—-that’s an important characteristic we’ve lost.
"this would be akin to have a having a license to vote) would that remedy the situation a little? The idea would be that informed people would vote for informed people. Could you imagine this being a net benefit or not?"
The idea has been around for a bit and I call it interesting, but also with huge potential of misuse.
Change the test slightly, so your target audience will yield better results, giving you a better result.
Either way, as long as climate change and darwinism are controversial topics, I see it hard to implement in a meaningful way.
While I can see this preventing many of the current issues, I can't help but wonder who will serve the interests of the people that are not allowed to vote.
Would it be a better system if the not-allowed group is totally dependent on the people that are allowed to vote?
I see. In a sense we are already doing that. Minors can not vote (and if I am correct the reasoning is that they don't have the competency to cast a proper vote) and even foreign permanent residents can't either, even though the outcome of the elections totally influences their lives. In a sense these not-allowed groups are already totally dependent on the people that are allowed to vote.
I guess my argument boils down to: We already discriminate. My thoughts are that the way we do it is not optimal.
Assuming a sufficiently functional congress[0], why not require that pardons go through congress as well rather than be unilateral presidential actions?
Yep. The problem is the system of elections itself. Biden and Obama also issued a lot of dubious pardons and commutations. The incentives of elections naturally favor short-termism and populism. Instead of having the people vote on candidates, we should randomly select citizens to an elector jury, which would carefully research and deliberate on the candidates before choosing.
> I suspect that the idea originally was to give some safety valve
That reminds me of the early 2000s, where there were a lot of US debates around around terrorism and "harsh interrogations" i.e. torture.
A certain bloc of politicians and commentators kept bringing up a hypothetical scenario where there was a nuclear bomb counting down, and some guy wouldn't admit where it was hidden in a major city. My favorite response to that involved presidential pardons, something along the lines of:
1. "So what? If everything you say is true, then the authorities would simply torture the guy and seek a pardon afterwards. We already have an exceptional mechanism for those exceptional situations, meaning that's not a reason to change it."
2. "Conversely, any interrogator who isn't confident of a pardon is on who does not believe it's at ticking-bomb situation, meaning they cannot justify torturing someone anyway, they just want to do it to make their job marginally easier. That's bad, so it should stay illegal."
It's part of the separation of powers and the system of checks & balances against powers of branches of government.
Congress makes laws and impeaches presidents, courts judge constitutionality of laws and try cases of treason and presidents appoint judges and grant pardons.
You can't have impeachment without pardon, otherwise, there wouldn't be a check against judicial tyranny.
It's a system of checks and balances. The Presidential pardon power is specifically a check on the power of the Federal judiciary.
Regimes have toppled in response to popular uprising against imprisonments perceived as unjust. Having a system of governance without a way to rectify that seems unwise to me.
The check on Presidential authority, in turn, is impeachment. It's not a perfect system by any means, but in my estimation it's a good one.
They literally gave the power of pardons so that one person could right wrongs. Previously, it was used a lot more than it is now. There are lots of people in prison on unfair sentences which are technically legal but still wrong. Sentencing guidelines are just guidelines.
Legal system is very often at odds with public perception of justice, changing the law is slow and does shit for people currently in jail - having veto power for elected officials is a good safety mechanism and helps perception of justice.
In the context of a deeply vindictive successor surrounded, it seems like the entirely rational choice to make.
It's not one that should be needed or acceptable, and had his successor been someone who seemed to respect law and order I'd have agreed with you, but in the present circumstances it'd seem crazy not to.
Because of very legitimate threats of politically motivated prosecution against them. Hell, his son was was prosecuted and dragged through the mud publicly, including in fucking Congress, for run of the mill regular crimes. Why was there such a treatment for a regular criminal?
Come on, that's such a cop out. Like even with an extremely partisan lens, it's a very very weak argument. Like yes, presidents and their family will be targets of more scrutiny (as you said, for political reasons). That's normal. What's not normal is pardoning your family to avoid said scrutiny.
Trump was also the target of "politically motivated judicial scrutiny" (and rightfully so!) So I guess he would be justified in pardoning himself and his entire family, right?
I'm not American and even I can tell you that this is a terrible attempt at false equivalence.
Trump was president and commited a ton of crimes while being one, and a ton of others before and after. He was rightfully prosecuted, but unfortunately escaped any real consequences. His trials were mediatised and saw big attention form politicians because he was a former president, who was impeached being sued for a ton of different criminal activities, including multiple directly related to his job (the top job in the US). His trials were directly relevant to the wider public and political establishment, and should have prevented him from ever running again for even a school board.
Biden's son is a nobody. No high positions in government, no power, no shady deals getting billions from Saudis or whatever. Run of the mill small time criminal who got paraded through Congress simply because his father was president.
It's really absurd to try to compare the two, or claim that the myriad of trials against Trump were "politically motivated". The man is a fucking convicted criminal, rapist, absurd creep, tax cheat, stole from a children's cancer charity, plan and simple and obvious for anyone. And uet he's back at the top job, publicly promising vengeance to all those who wronged him. He directly and publicly threatened Zuckerberg and others.
It's really absurd trying to compare the two, and I refuse to believe this can be done in good faith.
We have to. Short of arguing on first-principles, agreeing on them, and then using those principles to evaluate everything done on both sides, this is one of the top mechanisms we have to bring a spotlight to the contradictory mess we have on our hands.
Personally, I blame lawyers and prosecutors. A law should be simple, easy to evaluate if it was broken, and always prosecuted. And when it comes to punishments, they should be explicit and without the possibility of being altered.
We've gotten too complacent with making all these arbitrary rules, then fiddling with their non-enforcement and severity by virtue of reduced sentences.
Actually in matters of law (which this definitely is), "whataboutism" is just judicial or executive precedent.
This is like crying about whataboutism when a judge cites judicial precedent to justify a sentence. Good luck with that, it might work as a "nuh-uh" in online discussions but in real life, precedent does actually matter.
I understand what a precedent is in law and in life :) It seems like an illogical position to hold here.
Biden did bad pardons, now Trump has no other course (eg fix the system), but to do bad pardons as well? Except when Trump does it it is not bad because Biden did it first?
Maybe the legal system shouldn't have been used to go after individuals based on political reasons? Wouldn't that be a good start? Fed always win, so send Fed after someone and they will be in jail soon. It doesn't matter what they did or didn't do, this is sadly the way it's done now.
1500 in jail for protesting in DC? Really, less than that in jail after months BLM riots afaik. Sure, jail a few bad boys, but 1500? No way.
Throw a rock at people in power and go jail. Rape and murder is fine, no threat to DC.
The number of people is irrelevant. What is relevant is what each one did. If they did something illegal that is punished with prison time, they go to prison.
Trying to justify stealing the election, then trying to rewrite history saying the other side broke stuff when they prostested is the laziest sort of whataboutism I've seen on this site.
Trump and his minons tried to undo the results of an election. An election he lost. Lost even while abusing his power as president (see his calls in Ukraine and Georgia as evidence).
Nobody on the left supports looters or rapists. If there is evidence someone committed a crime, prosecute them. Trump is the only person I know that supports rapists (see Epstien and Gaetz). He says if you are loyal to him, you don't have to face the consequences of your actions. That to me is what is most scary.
It would be interesting to know why the Kenyan Government proactively levied a tax on EV imports. Usually this would be to protect local production but if the local production cannot supply, it is self-defeating.
I guess the real problem is that Governments are not agile enough to change this things as needed e.g. lets remove tariffs for 6 months and then revisit. If the locals can produce what we need, great, if not, we allow imports again.
If only BeyondTrust was called LeastTrust, it might not have used a global key to gain access to a load of very high-value targets.
To be fair though, most of what we use in these companies is a stack of containers of stuff that we just assume works properly, securely etc. and we don't really know if we use e.g. Citrix or VMWare or BeyondTrust or whatever, whether the software works as designed and whether it was only as secure as the people who wrote the code.
Like others, I think this is a solution describing an idealised problem but it very quickly breaks down.
Firstly, if we could accurately know the dependencies that potentially affected a top-level test, we are not like to have a problem in the first place. Our code base is not particularly complex and is probably around 15 libraries and a web app + api in a single solution. A change to something in a library potentially affects about 50 places (but might not affect any of these) and most of the time there is no direct/easy visibility of what calls what to call what to call what. There is also no correlation between folders and top-level tests. Most code is shared, how would that work?
Secondly, we use some front-end code (like many on HN), where a simple change could break every single other front-end page. Might be bad architecture but that is what it is and so any front-end change would need to run every UI change. The breaks might be subtle like a specific button now disappears behind a sidebar. Not noticeable on the other pages but will definitely break a test.
Thirdly, you have to run all of your tests before deploying to production anyway so the fact you might get some fast feedback early on is nice but most likely you won't notice the bad stuff until the 45 minutes test suite has run at which point, you have blocked production and will have to prove that you have fixed it before waiting another 45 minutes.
Fourthly, a big problem for us (maybe 50% of the failures) are flaky tests (maybe caused by flaky code, timing issues, database state issue or just hardware problems) and running selective tests doesn't deal with this.
And lastly, we already run tests somewhat selectively - we run unit tests on branch uilds before building main, we have a number of test projects in parallel but still with less than perfect Developers, less than perfect Architecture, less than perfect CI tools and environments, I think we are just left to try and incrementally improve things by identifying parallelisation opportunities, not over-testing functionality that is not on the main paths etc.
A real database should not be slow. Even with our tests running against a hosted SQL Server on a separate server, the database is never the slow part. For other tests, we run with the same database in a local Docker container with Docker Compose and it is fast and isolated/resettable.
Most tests should be unit tests, which are super fast. Integration and UI tests that might use the database should be fewer and if the database is slow, it might be related to your specific application or unoptimized database queries, our database calls are usually < 10ms
Deciding where to spend it is most certainly hard but accounting for it is very easy. Even if the money was $100K to Jimmy to get the stuff into Algeria, there would be some tracking and accountability.
It's weird that with the sort of numbers that could lift some countries out of poverty, we can't even write something down in a spreadsheet.
> It's weird that with the sort of numbers that could lift some countries out of poverty
This is not how you end poverty. This is how you pad the pockets of whatever entity is best positioned to receive that amount. It will promptly be flown with those people to the Dubai gold market where an all-gold suit will be purchased and the rest of the country never sees a dime.
Ultimately self sufficiency needs to be obtained in a stable and scalable way and then the proceeds can distribute across the economy better.
At the end of the day it's people time. And people time costs money.
So how many dollars et al. do you want you want to spend documenting how you spent your dollars?
Presumably < 100% and > 0%?
But what's the right number? If we spend $1 in accounting for every $1 spent on mission, and that produces a perfect audit trail, is that too much or little?
I think lots of people who lack the experience have no idea quite how large and difficult cybersecurity is for a massive organisation whose systems span 20-30+ years or possibly even longer. There is no standardised tooling and very little that can be retrofitted to older systems. Firewalls are fine if the attack is against a port you do not need to use but otherwise you are left with a myriad of commercial offerings and a lot of "risk analysis".
The one basic tool that does seem lacking, however, is just basic network segmentation. I could understand a single system being hacked, especially an old system that is massively complex to replace but having to shutdown multiple systems including WiFi and office networks just smells like lazy "just connect all the wires together to make my IT life slightly easier". Having air gaps with separate computers, separate networks (even vlans) etc. is probably the most cost effective way to reduce your attack surface.
The point of a monorepo is that all the dependencies for a suite of related products are all in a single repo, not that everything your company produces is in a single repo.
Most people use the "suite of related products" definition of monorepo, but some companies like Google and Meta have a single company-wide repository. It's unfortunate that the two distinct strategies have the same name.
Funny though, we all implicitly buy into "QUIC is the new http/2" or whatever because fast = good without really understanding the details.
It's like buying the new 5G cell phone because it is X times faster than 4G even though 1) My 4G phone never actually ran at the full 4G speed and 2) The problem with any connection is almost never due to the line speed of my internet connection but a misbehaving DNS server/target website/connection Mux at my broadband provider. "But it's 5G"
Same thing cracks me up when people advertise "fibre broadband" for internet by showing people watching the TV like the wind is blowing in their hair, because that's how it works (not!). I used to stream on my 8Mb connection so 300Mb might be good for some things but I doubt I would notice much difference.
I have a few personal thoughts on this but I think it ultimately comes down to the variation between people being more complex and harder to measure than it seems.
In a startup, there is some natural way to choose the 1 right person for the job, say, the Developer. They probably wouldn't be chosen unless they have a high level of ability, communication skills (hopefully) and a lot of productivity and proactivity. This could be directly related to the potential rewards of equity etc. but maybe not, maybe they are happy to be free to work at high and low level and to make educated decisions on everything. I did this job for the same money as my older job without much expectation of a large payout (never got one!)
But as soon as you hire 1 other person, things immediately change. It isn't just about their ability, although we often talk about that both in terms of testing it during interview but also measuring it using some KPI but a person is much more than ability. You can have ability and be lazy or lack ability but are a quick learner. You might be really easy to get on with but your stuff is slightly above average, or a complete a-hole but produce rock-solid code. You might be reliable, you might not, you might be motivated all the time, some of the time or none of the time. As much as we like to think we can have regular performance reviews, you can't put numbers on those things but you can put process. I can arrange a daily standup and weekly progress reviews to get slightly better at making sure you are on-track. I can try and count things like tasks completed or LoC or Stories completed or bugs in production etc. but these are also a rich tapestry and after-all, do you compare them to the 10x coder that you are?
Some people need to be told to do something properly, they need process, others will do it properly without being asked, they have passion. How can you tell? Mostly gut feel, and maybe a checklist! I think there is also a myth that if we only had tonnes of cash, we could be much more picky with hires and only get the best, that would remove a lot of bureaucracy but look at FANNG companies, they have this problem in buckets. People can fake their ability and passion to a point, they have 1000s of applications to process and they still have tonnes of meetings. Even if you hire someone with the same passion and ability as you, they will be still be different. They will be insistent on VueJS instead of C#, TDD instead of DDD, Unit Tests for everything or UI tests for some things. Each of those is OK but you still then create that Architect position to ensure consistency between teams, the Project Leader to ensure delivery times are balanced with technical perfection.
Personally, I have never believed that a company with more than, say 200 employees can ever be efficient. They can be rich but eventually they will buckle under their own red-tape or at the next culling that takes place under the "new trendy CEO who had successes at previous companies".
If I start another company, it is my sincere hope that I never have to grow it beyond 200 people. Ideally not more than 100 now that so many functions can be automated or outsourced these days.
I suspect that the idea originally was to give some safety valve but if it is used more than a few times by a President, it makes a mockery of it and it should be removed as a power. How can a President ever decide that the entire legal process is flawed and their opinion is right? If the sentence was too long then change the sentencing guidelines.