Thread by @soychicka

Pleased to see @maddow's subtle announcement last night that LePage will likely be the test case for overruling a pardon issued in the self-interest of the pardoner.

Fiduciary duty FTW. We're bringing Justice back.
(@TheDemocrats ready for a mashup with @jtimberlake ?)

https://twitter.com/maddow/status/1059553278734843905

But seriously, yo. Fiduciary duty has been defined in common law for ~800 years, codified in the Magna Carta, which was brought to this continent by the founders of the Massachusetts Bay Colony, and formed the basis for our entire system of law.

Here's an overview of the general concept from the founder of Fidelity Investments.

But the key takeaway: "No man can serve two masters."
And if you're an elected official, you willingly subjugate your interests to those of your constituents.
johncbogle.com/wordpress/wp-c…

So before you go telling me the power of the pardon is unlimited in scope, I have one question: is an elected office considered a position of trust - i.e. one that carries with it the obligation of fiduciary duty?

Let's dissect this statement.

I mean, aside from it being pretty clear the office of the presidency is a position of Trust - ie the president is entrusted with ensuring national security, economic stability and growth, etc., and nominating others to positions of Profit.

According to Title 5, he is excluded from taking the same oath as OTHER offices of honor or profit, which implies he has an office of one of the above.

If you have some time, I'd strongly suggest reading more about this principle upon which our entire system of little-r republican government is based.

Keep that in mind while you read this:
scholarship.law.wm.edu/cgi/viewconten…

IOW, the concept of fiduciary duty is kind of the tootsie roll at the center of the tootsie pop.

It's time take a big-ass bite to expose it ourselves, lest those learned scholars will steal it away before we figure out how many licks it takes to get to the center.

Signed,
a descendant of one of the first 50 freemen in the Massachusetts Bay Colony, descended from Saer de Quincy, Earl of Winchester, Surety Baron as delineated in Article 61 of the Magna Carta

p.s. This is the mantle I've taken up, @realDonaldTrump... and no taksie-backsies.