The state of Missouri is set to execute Marcellus, even though literally NO ONE with a stake in the outcome of the case—not even the prosecutor nor the victim’s family— wants him to die. Learn More Here
I dont know much about how USA law works but couldnt Biden just give him a presidential pardon and Missouri will be force to let him go?
I don’t think so. The president can only pardon for federal crimes, and I think he is charged under Missouri state law. Which is why it was the governor’s choice to grant him clemency or not.
The president can only pardon for federal crimes
This hasn’t been tested and, if you were some sicko lib who actually wanted to forecast how dead white men 250 years ago would think about the introduction of federal review of state crimes 150 years ago, there are some reasons to think that the pardon power ought to have applied.
We might see it tested if Trump wins and the supreme court can make up whatever they want
Biden could have:
- Called the governor and demanded he pardon him
- Popularized this issue given his massive platform
- Signed an executive order that, while it wouldn’t have actual power to stop the Missouri state actors, could have prevented any federal employees who may have been a part of this process from participating potentially delaying the execution
- Sent in the National Guard to “Restore order and Justice” or done whatever he wants to as King of this hellhole (see the SCOTUS decision on presidential immunity)