Latest news with #Kalt
The Herald Scotland
a day ago
- Politics
- The Herald Scotland
Will Trump pardon Diddy? Trial could end, experts say
According to Kalt, Trump -- who appears to be in the middle of a pardoning spree -- would be within his presidential rights to extend a preemptive pardon to fellow New Yorker Combs, who has been described by witnesses so far as violent and abusive. "These are federal charges (against Combs), so that's the main limit. The matter has be federal, it has to be criminal vs. civil, and related to something that's already been done," says Kalt. "But the person doesn't have to even be charged yet, or convicted. The Supreme Court has said preemptive pardons are OK." Typically, one of the last gestures from an outgoing president is a pardon. In President Joe Biden's final days in office, he famously pardoned his son, Hunter, convicted of federal gun felonies and federal tax charges. At the end of Trump's first term, he granted clemency to political allies such as Roger Stone, found guilty of obstructing a congressional investigation into Russian interference in the 2016 election and related offenses. But pardons can take place during a president's term, says Kalt. The right was established in Article II, Section 2, Clause 1 of the Constitution, which among other things gives the president "power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." Kalt says the power to pardon is derived from the British monarch's historic right and stems from a recognition that criminal law was often too harsh, and it was important to have a safety valve. "The president was the best person to be that safety valve because of his political accountability," he says. But that's where things get murky, he adds, noting that Republican lawmakers "don't appear willing to hold the president accountable" for granting pardons, meaning they aren't costing him in terms of political capital. In contrast, President Gerald Ford's controversial pardoning of disgraced President Richard Nixon was perceived so negatively "that it probably cost Ford re-election in 1976," Kalt says. In just over 100 days since taking office, Trump has issued pardons to a broad range of personalities. They include Todd and Julie Chrisley, stars of the reality show "Chrisley Knows Best," who were convicted in 2022 of swindling $36 million from Atlanta banks and being tax evaders, and rapper NBA YoungBoy, who in 2024 was sentenced to two years in prison for weapons possession. He also pardoned former Illinois governor Rod Blagojevich, convicted of wire fraud and extortion, and Jan. 6 participant and "Bob's Burgers" actor Jay Johnston. The reason many presidents issue pardons at the end of their terms is precisely to avoid political fallout, says Kalt. In that sense, Trump's brash approach suggests he has no concerns about such ramifications. "I don't agree with these pardons on their merits, but the fact that he did them when he is politically accountable as opposed to slinking out the door does add some legitimacy to them in that sense," he says. "With pardons, you don't need Congress, you wave your magic wand and it happens. You can see the appeal for a president, particularly one like Trump." One can also see the appeal for those such as Combs, whose ordeal could end instantly should Trump's pardon "wand" wave his way.
USA Today
3 days ago
- Politics
- USA Today
Could Trump pardon Diddy and end his trial?
Could Trump pardon Diddy and end his trial? Show Caption Hide Caption Defense strategies for Sean 'Diddy' Combs in his sex crimes trial A legal expert discusses strategies the defense attorneys for Sean "Diddy" Combs might use in his federal sex crimes trial. Sean Combs is being tried in a New York courtroom for racketeering and sexual trafficking. Could that daily drama vanish instantly if President Donald Trump pardoned the embattled rapper? "Yes, it could," says Brian Kalt, law professor at Michigan State University College of Law, who focuses on legal issues and the presidency. According to Kalt, Trump − who appears to be in the middle of a pardoning spree − would be within his presidential rights to extend a preemptive pardon to fellow New Yorker Combs, who has been described by witnesses so far as violent and abusive. "These are federal charges (against Combs), so that's the main limit. The matter has be federal, it has to be criminal vs. civil, and related to something that's already been done," says Kalt. "But the person doesn't have to even be charged yet, or convicted. The Supreme Court has said preemptive pardons are OK." Typically, one of the last gestures from an outgoing president is a pardon. In President Joe Biden's final days in office, he famously pardoned his son, Hunter, convicted of federal gun felonies and federal tax charges. At the end of Trump's first term, he granted clemency to political allies such as Roger Stone, found guilty of obstructing a congressional investigation into Russian interference in the 2016 election and related offenses. But pardons can take place during a president's term, says Kalt. The right was established in Article II, Section 2, Clause 1 of the Constitution, which among other things gives the president "power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." Kalt says the power to pardon is derived from the British monarch's historic right and stems from a recognition that criminal law was often too harsh, and it was important to have a safety valve. "The president was the best person to be that safety valve because of his political accountability," he says. But that's where things get murky, he adds, noting that Republican lawmakers "don't appear willing to hold the president accountable" for granting pardons, meaning they aren't costing him in terms of political capital. In contrast, President Gerald Ford's controversial pardoning of disgraced President Richard Nixon was perceived so negatively "that it probably cost Ford re-election in 1976," Kalt says. In just over 100 days since taking office, Trump has issued pardons to a broad range of personalities. They include Todd and Julie Chrisley, stars of the reality show "Chrisley Knows Best," who were convicted in 2022 of swindling $36 million from Atlanta banks and being tax evaders, and rapper NBA YoungBoy, who in 2024 was sentenced to two years in prison for weapons possession. He also pardoned former Illinois governor Rod Blagojevich, convicted of wire fraud and extortion, and Jan. 6 participant and "Bob's Burgers" actor Jay Johnston. The reason many presidents issue pardons at the end of their terms is precisely to avoid political fallout, says Kalt. In that sense, Trump's brash approach suggests he has no concerns about such ramifications. "I don't agree with these pardons on their merits, but the fact that he did them when he is politically accountable as opposed to slinking out the door does add some legitimacy to them in that sense," he says. "With pardons, you don't need Congress, you wave your magic wand and it happens. You can see the appeal for a president, particularly one like Trump." One can also see the appeal for those such as Combs, whose ordeal could end instantly should Trump's pardon "wand" wave his way.
Scottish Sun
05-05-2025
- Scottish Sun
Inside world's ‘Zone of Death' where you could get away with murder – with eerie connection to Gabby Petito
Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) INSIDE one of America's most iconic national parks lies a lawless land where a murderer could technically walk free. Welcome to Yellowstone's "Zone of Death" - a remote, 50-square-mile strip of land in Idaho where, thanks to a loophole, someone could literally get away with murder. Sign up for Scottish Sun newsletter Sign up 9 Inside Yellowstone National Park lies an area where people can technically get away with murder Credit: Getty 9 The so-called Zone of Death is a 50-quare-mile strip at the southwestern edge of Yellowstone Credit: Getty 9 A clause in the Sixth Amendment of the US constitution created a legal loophole in the Zone of Death Credit: Getty 9 The chilling possibility was first laid bare in 2005 by Michigan State University law professor Brian Kalt, who stumbled across it while researching a little-known clause in the Sixth Amendment. He told The Sun: "According to a legal loophole that I identified, criminals could argue that there is no way to prosecute them for major crimes without violating the Constitution. "So, if you commit a federal crime in the Idaho portion of Yellowstone, the jury would have to be from the state, Idaho, but from the district, Wyoming. "But no one lives there, so there's no way to get a jury. "Yellowstone is one of a few federal areas where the states have no jurisdiction. "They cannot enforce the criminal law there. The only criminal law there is federal. "This is the only district where that happens, so this is the only place in America where that's an issue." Under the Sixth Amendment, the accused has the right to a jury made up of people from both the state and federal district where the crime occurred. While Yellowstone stretches into Wyoming, Montana, and Idaho, the entire park falls under the jurisdiction of the District of Wyoming. The problem? No one lives in the Idaho portion of Yellowstone. Gabby Petito's mom makes shock claim about Brian Laundrie & parents and shares chilling theory in bombshell interview So technically, a jury of residents from both Idaho and the District of Wyoming - such as residents of the Idaho part of the park - cannot be formed. Without a legal jury, there's no trial - and no trial means no conviction. Kalt's conclusion is stark - this area is a "Zone of Death" where crimes go unpunished - not because they're legal, but because they may be impossible to prosecute properly. Has anyone died in the Zone of Death? While the legal loophole is very real, no one has so far got away with a major crime in Yellowstone's Zone of Death. There have been deaths in Yellowstone's Idaho section — typically from natural causes or accidents — but no confirmed murders that tested the constitutional issue. The closest the courts have come was the 2007 case of Michael Belderrain, who illegally shot an elk in the Montana portion of the park and tried to invoke Kalt's argument. 'The guy who shot the elk, that was in the Montana portion,' Kalt said. 'They should have been able to address it there but other than that there have been no cases. 'There's been a lot of speculation but nothing in real life. Thank goodness.' In that case, prosecutors offered Belderrain a plea deal that explicitly prevented him from appealing the constitutional issue - a move Kalt sees as a missed opportunity. Kalt added: "They had an opportunity to close it there, and they didn't. "All we have is this evidence that they would still try to prosecute you but if you persist, you're gonna get a tougher sentence." What is the Sixth Amendment? THE Sixth Amendment of the U.S. Constitution guarantees specific rights to individuals accused of crimes. It states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Council for his defense." In plain terms, it ensures: A speedy and public trial An impartial jury of the state and district where the crime was committed Notice of accusations Right to confront witnesses Right to confront witnesses in their favor Right to legal counsel Gabby Petito conspiracies The Zone of Death resurfaced in the public eye in 2021 during the high-profile disappearance of YouTuber Gabby Petito. Internet sleuths speculated whether her case might have been linked to infamous legal void. There was no evidence she was in the Idaho portion of Yellowstone - her last known location was Grand Teton National Park, and her final text mentioned Yosemite, which could have been a mistake. Still, the idea that she could have vanished in a place where justice might not be served captured the internet's imagination. Kalt was quick to clarify "it does not make murder legal in the zone". 'It just presents a reason why it might be harder to prosecute someone for it successfully," he said. 9 YouTuber Gabby Petito 9 The 22-year-old previously pictured at Yellowstone National Park Credit: Social Media - Refer to source 9 Gabby (L) was strangled to death on August 27, 2021, by her fiance Brian Laundrie (R) during a van road trip 9 Gabby Petito speaks with cops in Utah as they responded to an altercation between her and Laundrie Credit: AFP Government's ongoing shrug Despite the simplicity of a legislative fix, Congress has never acted. The reasons range from bureaucratic apathy to political calculation. 'Congress isn't really interested in fixing hypothetical problems,' Kalt said. 'They're not really equipped to indulge in hypotheticals.' The law professor even delayed publication of his law review article in the hope that lawmakers would quietly patch the loophole before it went public. He recalled: 'I had them push back the publication date, thinking that I could get it fixed in the meantime. "But when it was clear they weren't going to fix it, I did have a mixed reaction. [In the Zone of Death], criminals could argue that there is no way to prosecute them for major crimes without violating the Constitution Brian Kalt "I didn't want to provide a guidebook to someone to get away with a crime.' A key obstacle, Kalt noted, was fear among some lawmakers that moving the Idaho portion of Yellowstone into the Ninth Circuit (which oversees Idaho) could give environmentalists a venue for lawsuits against federal land management — something DOJ and others didn't want. 'There was opposition at the time… concerns about what would happen if part of the park was put into the district of Idaho because the appellate court that oversaw Idaho was more liberal," he said. "That reasoning wasn't actually a problem, but they put a stop to it at that point.' Even a resolution from the Idaho legislature urging Congress to act went nowhere. 'They're not gonna listen to me but they might pay attention to the legislature of Idaho,' he said. 'But nothing came of it. "It would be very easy to fix. All they need to do is redraw the district line. It would take them five minutes if someone wanted to do it." For now, the Zone of Death remains legally unresolved — a geographic glitch in the system that could one day spark a real constitutional crisis.
The Sun
05-05-2025
- The Sun
Inside world's ‘Zone of Death' where you could get away with murder – with eerie connection to Gabby Petito
INSIDE one of America's most iconic national parks lies a lawless land where a murderer could technically walk free. Welcome to Yellowstone's "Zone of Death" - a remote, 50-square-mile strip of land in Idaho where, thanks to a loophole, someone could literally get away with murder. 9 9 9 The chilling possibility was first laid bare in 2005 by Michigan State University law professor Brian Kalt, who stumbled across it while researching a little-known clause in the Sixth Amendment. He told The Sun: "According to a legal loophole that I identified, criminals could argue that there is no way to prosecute them for major crimes without violating the Constitution. "So, if you commit a federal crime in the Idaho portion of Yellowstone, the jury would have to be from the state, Idaho, but from the district, Wyoming. "But no one lives there, so there's no way to get a jury. "Yellowstone is one of a few federal areas where the states have no jurisdiction. "They cannot enforce the criminal law there. The only criminal law there is federal. "This is the only district where that happens, so this is the only place in America where that's an issue." Under the Sixth Amendment, the accused has the right to a jury made up of people from both the state and federal district where the crime occurred. While Yellowstone stretches into Wyoming, Montana, and Idaho, the entire park falls under the jurisdiction of the District of Wyoming. The problem? No one lives in the Idaho portion of Yellowstone. Gabby Petito's mom makes shock claim about Brian Laundrie & parents and shares chilling theory in bombshell interview So technically, a jury of residents from both Idaho and the District of Wyoming - such as residents of the Idaho part of the park - cannot be formed. Without a legal jury, there's no trial - and no trial means no conviction. Kalt's conclusion is stark - this area is a "Zone of Death" where crimes go unpunished - not because they're legal, but because they may be impossible to prosecute properly. Has anyone died in the Zone of Death? While the legal loophole is very real, no one has so far got away with a major crime in Yellowstone's Zone of Death. There have been deaths in Yellowstone's Idaho section — typically from natural causes or accidents — but no confirmed murders that tested the constitutional issue. The closest the courts have come was the 2007 case of Michael Belderrain, who illegally shot an elk in the Montana portion of the park and tried to invoke Kalt's argument. 'The guy who shot the elk, that was in the Montana portion,' Kalt said. 'They should have been able to address it there but other than that there have been no cases. 'There's been a lot of speculation but nothing in real life. Thank goodness.' In that case, prosecutors offered Belderrain a plea deal that explicitly prevented him from appealing the constitutional issue - a move Kalt sees as a missed opportunity. Kalt added: "They had an opportunity to close it there, and they didn't. "All we have is this evidence that they would still try to prosecute you but if you persist, you're gonna get a tougher sentence." What is the Sixth Amendment? THE Sixth Amendment of the U.S. Constitution guarantees specific rights to individuals accused of crimes. It states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Council for his defense." In plain terms, it ensures: A speedy and public trial An impartial jury of the state and district where the crime was committed Notice of accusations Right to confront witnesses Right to confront witnesses in their favor Right to legal counsel Gabby Petito conspiracies The Zone of Death resurfaced in the public eye in 2021 during the high-profile disappearance of YouTuber Gabby Petito. Internet sleuths speculated whether her case might have been linked to infamous legal void. There was no evidence she was in the Idaho portion of Yellowstone - her last known location was Grand Teton National Park, and her final text mentioned Yosemite, which could have been a mistake. Still, the idea that she could have vanished in a place where justice might not be served captured the internet's imagination. Kalt was quick to clarify "it does not make murder legal in the zone". 'It just presents a reason why it might be harder to prosecute someone for it successfully," he said. 9 9 9 Government's ongoing shrug Despite the simplicity of a legislative fix, Congress has never acted. The reasons range from bureaucratic apathy to political calculation. 'Congress isn't really interested in fixing hypothetical problems,' Kalt said. 'They're not really equipped to indulge in hypotheticals.' The law professor even delayed publication of his law review article in the hope that lawmakers would quietly patch the loophole before it went public. He recalled: 'I had them push back the publication date, thinking that I could get it fixed in the meantime. "But when it was clear they weren't going to fix it, I did have a mixed reaction. [In the Zone of Death], criminals could argue that there is no way to prosecute them for major crimes without violating the Constitution Brian Kaltlaw professor "I didn't want to provide a guidebook to someone to get away with a crime.' A key obstacle, Kalt noted, was fear among some lawmakers that moving the Idaho portion of Yellowstone into the Ninth Circuit (which oversees Idaho) could give environmentalists a venue for lawsuits against federal land management — something DOJ and others didn't want. 'There was opposition at the time… concerns about what would happen if part of the park was put into the district of Idaho because the appellate court that oversaw Idaho was more liberal," he said. "That reasoning wasn't actually a problem, but they put a stop to it at that point.' Even a resolution from the Idaho legislature urging Congress to act went nowhere. 'They're not gonna listen to me but they might pay attention to the legislature of Idaho,' he said. 'But nothing came of it. "It would be very easy to fix. All they need to do is redraw the district line. It would take them five minutes if someone wanted to do it." For now, the Zone of Death remains legally unresolved — a geographic glitch in the system that could one day spark a real constitutional crisis. 9
The Irish Sun
05-05-2025
- The Irish Sun
Inside world's ‘Zone of Death' where you could get away with murder – with eerie connection to Gabby Petito
INSIDE one of America's most iconic national parks lies a lawless land where a murderer could technically walk free . Welcome to Yellowstone's "Zone of Death" - a remote, 50-square-mile strip of land in Advertisement 9 Inside Yellowstone National Park lies an area where people can technically get away with murder Credit: Getty 9 The so-called Zone of Death is a 50-quare-mile strip at the southwestern edge of Yellowstone Credit: Getty 9 A clause in the Sixth Amendment of the US constitution created a legal loophole in the Zone of Death Credit: Getty 9 The chilling possibility was first laid bare in 2005 by Michigan State University law professor Brian Kalt, who stumbled across it while researching a little-known clause in the Sixth Amendment. He told The Sun: "According to a legal loophole that I identified, criminals could argue that there is no way to prosecute them for major crimes without violating the Constitution. "So, if you commit a federal crime in the Idaho portion of Yellowstone, the jury would have to be from the state, Idaho, but from the district, Wyoming. "But no one lives there, so there's no way to get a jury. Advertisement "Yellowstone is one of a few federal areas where the states have no jurisdiction. "They cannot enforce the criminal law there. The only criminal law there is federal. "This is the only district where that happens, so this is the only place in America where that's an issue." Under the Sixth Amendment, the accused has the right to a jury made up of people from both the state and federal district where the crime occurred. Advertisement Most read in The US Sun While Yellowstone stretches into Wyoming, Montana, and Idaho, the entire park falls under the jurisdiction of the District of Wyoming. The problem? No one lives in the Idaho portion of Yellowstone. Gabby Petito's mom makes shock claim about Brian Laundrie & parents and shares chilling theory in bombshell interview So technically, a jury of residents from both Idaho and the District of Wyoming - such as residents of the Idaho part of the park - cannot be formed. Without a legal jury, there's no trial - and no trial means no conviction. Advertisement Kalt's conclusion is stark - this area is a "Zone of Death" where crimes go unpunished - not because they're legal, but because they may be impossible to prosecute properly. Has anyone died in the Zone of Death? While the legal loophole is very real, no one has so far got away with a major crime in Yellowstone's Zone of Death. There have been deaths in Yellowstone's Idaho section — typically from natural causes or accidents — but no confirmed murders that tested the constitutional issue. The closest the courts have come was the 2007 case of Michael Belderrain, who illegally shot an elk in the Montana portion of the park and tried to invoke Kalt's argument. Advertisement 'The guy who shot the elk, that was in the Montana portion,' Kalt said. 'They should have been able to address it there but other than that there have been no cases. 'There's been a lot of speculation but nothing in real life. Thank goodness.' In that case, prosecutors offered Belderrain a plea deal that explicitly prevented him from appealing the constitutional issue - a move Kalt sees as a missed opportunity. Advertisement Kalt added: "They had an opportunity to close it there, and they didn't. "All we have is this evidence that they would still try to prosecute you but if you persist, you're gonna get a tougher sentence." What is the Sixth Amendment? THE Sixth Amendment of the U.S. Constitution guarantees specific rights to individuals accused of crimes. It states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Council for his defense." In plain terms, it ensures: A speedy and public trial An impartial jury of the state and district where the crime was committed Notice of accusations Right to confront witnesses Right to confront witnesses in their favor Right to legal counsel Gabby Petito conspiracies The Zone of Death resurfaced in the public eye in 2021 during the high-profile disappearance of YouTuber Gabby Petito. Internet sleuths Advertisement There was no evidence she was in the Idaho portion of Yellowstone - her last known location was Grand Teton National Park, and her final text mentioned Yosemite, which could have been a mistake. Still, the idea that she could have vanished in a place where justice might not be served captured the internet's imagination. Kalt was quick to clarify "it does not make murder legal in the zone". 'It just presents a reason why it might be harder to prosecute someone for it successfully," he said. Advertisement 9 YouTuber Gabby Petito 9 The 22-year-old previously pictured at Yellowstone National Park Credit: Social Media - Refer to source 9 Gabby (L) was strangled to death on August 27, 2021, by her fiance Brian Laundrie (R) during a van road trip 9 Gabby Petito speaks with cops in Utah as they responded to an altercation between her and Laundrie Credit: AFP Advertisement Government's ongoing shrug Despite the simplicity of a legislative fix, Congress has never acted. The reasons range from bureaucratic apathy to political calculation. 'Congress isn't really interested in fixing hypothetical problems,' Kalt said. 'They're not really equipped to indulge in hypotheticals.' The law professor even delayed publication of his law review article in the hope that lawmakers would quietly patch the loophole before it went public. Advertisement He recalled: 'I had them push back the publication date, thinking that I could get it fixed in the meantime. "But when it was clear they weren't going to fix it, I did have a mixed reaction. [In the Zone of Death], criminals could argue that there is no way to prosecute them for major crimes without violating the Constitution Brian Kalt law professor "I didn't want to provide a guidebook to someone to get away with a crime.' A key obstacle, Kalt noted, was fear among some lawmakers that moving the Idaho portion of Yellowstone into the Ninth Circuit (which oversees Idaho) could give environmentalists a venue for lawsuits against federal land management — something DOJ and others didn't want. Advertisement 'There was opposition at the time… concerns about what would happen if part of the park was put into the district of Idaho because the appellate court that oversaw Idaho was more liberal," he said. "That reasoning wasn't actually a problem, but they put a stop to it at that point.' Even a resolution from the Idaho legislature urging Congress to act went nowhere. 'They're not gonna listen to me but they might pay attention to the legislature of Idaho,' he said. Advertisement 'But nothing came of it. Read more on the Irish Sun "It would be very easy to fix. All they need to do is redraw the district line. It would take them five minutes if someone wanted to do it." For now, the Zone of Death remains legally unresolved — a geographic glitch in the system that could one day spark a real constitutional crisis. 9 Fortunately, no one has yet pulled off a major crime in Yellowstone's Zone of Death Credit: Getty Advertisement
