NecronLord wrote:Given that, recalling my hazy knowledge of some of the more farcical EU material, such artifacts are known to be on several occasions, superweapons dwarfing the Death Star in power, I would be stunned if they're not proscribed at the highest level.
The last Sithian weapon of mass destruction was a warship several hundred meters long. It is highly unlikely that Palpatine had one of these in a hidden cache on Coruscant, considering that the only known example of that class was destroyed in a supernova 5,000 years before the Battle of Yavin in
The Sith War. The only Sithian artifacts Sidious is known to have possessed are holocrons and artistic curios, some of which were openly displayed in his office in
Revenge of the Sith. You have no evidence that any of them were illegal, only your supposition that the entire Sithian religion was outlawed.
Which appears to be at the very least a faction of the government highly independant minded sector, or possibly an independant state altogether (they do, after all, let the Trade Federation speak in the Galactic Senate...). The effective legality of what they choose to do would be limited entirely by how easy it is to prosecute them, a variable I would describe the value of as 'difficult.'
House Pelagia had close ties to the Jedi Order, and indeed some of the families in the House had produced several Jedi Knights. In fact, the Jedi had actually handed over possession of Sith'ari Adas's holocron to House Pelagia's library, according to "Evil Never Dies: The Sith Dynasties."
The Freedon Nadd Uprising also showed that Sithian spellbooks were on display in the Galactic Museum on Coruscant, and were easily stolen by private citizens.
And of course, extensive investigation post-arrest couldn't reveal anything. Not even the secret compartments containing big black sith ritual robes he kept in his office. The assumption that post-arrest, more evidence could not be gathered is predicated upon the ineptitude of jedi/republic investigators. Although most Star Wars characters, especially Palpatine himself, are apallingly stupid in some respect or other, you'll forgive me for presuming that a through forensic investigation of Palpatine's behaviour and properties might find something. Not least whatever mechanism he uses to dispatch instructions to the Confederacy.
Extensive investigation to be undertaken on what basis? One does not arrest someone and then look for substantiating evidence afterward; not in a democratic society, at any rate. One certainly does not arrest a head of state on the basis that someone claims he might be a religious extremist, and then go looking for incriminating evidence. Investigation takes place before arrest, not afterward. Suspicion is not grounds for arrest.
The evidence of Palpatine's crimes was available if a thorough investigation were conducted, certainly. But the Jedi Order did not conduct a thorough investigation, and did not have any evidence of any kind; there was only the fact that Mace Windu unilaterally decided that it was time for the Supreme Chancellor to surrender the lawful authority he had been duly awarded by the Senate, and the fact that Anakin Skywalker claimed he was a Sith Lord. Notice that Windu did not question Skywalker about this; he did not ask how he knew. In fact, Skywalker did not even tell him that Palpatine had said he was a Sith Lord. Skywalker merely said that he'd learned Palpatine was a Sith Lord, and Windu proceeded as though this were an established fact.
When Windu attempted to arrest the Supreme Chancellor, the only charge he could cite was that he was a Sith Lord -- which Palpatine pointed out wasn't even a crime. When pressed, Windu simply refused to name a crime at all. This was not police work, unless one considers the KGB or SD to be reputable police organizations.
Furthermore, you are being incoherent; you are suggesting possible events that might have taken place afterward under different circumstances as though they were relevant to events that actually did place. The Jedi
might have discovered evidence of his numerous and egregious crimes after arresting him, but what evidence would they have discovered? Evidence of his secular crimes of treason, espionage, piracy, terrorism, ethical misconduct, official corruption, &c. &c. &c. In other words, the evidence that you are suggesting that they would find would be the evidence that they should have been looking for in the first place instead of trying to prove that he was a Sith Lord, which was this author's entire point in the first place. These crimes would be relevant because they don't require a particular religious persuasion to be illegal. Being a Sith Lord is only a crime if the judge is a Jedi Knight. Being a war criminal is a crime regardless of who is the judge.
In any event, finding evidence to support their decision after overthrowing the government would not retroactively make their behavior not treasonous. They did not have any such evidence when they launched their coup.
Simply because Windu said 'you're a sith lord' does not mean that's precisely what he planned to enter on the charge sheet. 'High Treason' would be my guess.
You are treating your supposition as though it were evidence; it is not. When Palpatine demanded to know on what charge he was being arrested, Mace Windu stated that he was being arrested for being a Sith Lord. When challenged to name a legally defensible charge, he offered none, stating only that he wasn't going to argue. Windu had no case, but he proceeded anyway, such niceties as Constitutional law notwithstanding. But the fact of the matter is that he had no proof of even that, let alone proof of treason of any kind (great or small). There was plenty of evidence to support an arrest, but Mace Windu didn't have any of it. He'd already decided to force Palpatine from office when Skywalker claimed he was a Sith Lord. This was not police work of any kind; it was an outright coup.
No one does, in the Republic, it didn't even have an army until the day the Clone Wars started.
You are being incoherent; are we not discussing the Jedi Order's activities at the end of the Clone War? Then surely the fact that these 'superpolicemen' commanded armies in the field during the Clone War is relevant.
And that was certainly not standard Jedi procedure, just Windu's judgement. It doesn't affect that they'd have grounds for holding him.
This Jedi had no grounds at all for holding Palpatine. The fact that one Jedi -- in a state of obvious emotional distress -- made an unsubstantiated accusation is not grounds for removal of the head of state and commander-in-chief, and in point of fact Mace Windu even explicitly stated that he did not even trust this Jedi (he pointedly said that
if Skywalker's claim were true,
then he would have earned Windu's trust). Skywalker did not elaborate on his claim; he did not explain his reasons for believing this. He simply stated it as fact, and Windu accepted it at face value.
By analogy, do you think it would be legally justifiable for the Security Service to arrest Tony Blair and investigate his dealings because one officer without providing any evidence whatever accused him of being a terrorist in disguise? Or for the Federal Bureau of Investigation to arrest George W. Bush because a special agent made the completely unsubstantiated claim that he was secretly a Nazi? Outside of totalitarian police states, investigation comes before arrest, and accusation is not synonymous with conviction.
You seem to be confusing the fact that Palpatine killed the Jedi who illegally attempted to remove him from office with the fact that the Jedi planned to remove him from office. When the Jedi Masters entered his office and stated their intention to arrest him, he had not yet killed anyone. They had no proof of any kind whatever that he was a Sith Lord, or that he was a war criminal. The fact that he was both does not retroactively justify their behavior; they acted in a grossly undemocratic and criminal fashion -- which is ironic, considering that Windu's whole justification was that Palpatine was plotting the destruction of the Republic.
He was, but Windu didn't actually know that.
Sure they do. In the US, if Bush went around blowing people's brains out on the street, who do you think would arrest him if not the police? Heads of State are generally not arrested for a variety of reasons. Legal inability is, with the exception of monarchies, generally not one of them.
It seems that you saw an early cut of
Revenge of the Sith in which Sidious killed people before the Jedi Masters entered his office and illegally attempted to arrest him on unsupported charges motivated by unsubstantiated accusations. Perhaps you would be so kind as to tell us whom he killed before the Jedi drew their weapons and tried to arrest him? When, precisely, did Palpatine go about "blowing people's brains out on the street"? He killed the Jedi Masters in self-defense,
after they had already stated their intention of arresting him. The situation you are describing is irrelevant strawmannery.
Given that the Jedi appear to serve as an entirely autonomous police force, I doubt it would come to that. And again, they've been shown to punish Sith Lords without recourse to the courts before. Chances are they could quite legally pronounce a death sentance on Sidious and carry it out long before the head of the Justice Department was called out of bed to stop them.
The Jedi Order is most certainly not an entirely autonomous police force.
Cloak of Deception makes very clear that the Jedi were forbidden to intervene in matters involving Republic members without express authorization from the Senate; the
Power of the Jedi Sourcebook specifically states that "the Republic and the Jedi are not the same, and the Jedi hold no authority in the Republic," and "serve when asked and stand aside at all other times"; it "receives its funds from the Republic Senate, in return for which the Jedi make their services available to the Supreme Chancellor." Their authority as 'policemen,' then, stems from the fact that the Supreme Chancellor deputizes them to act on his behalf in his role as the chief executive of the Republic. The sourcebook even states that the Jedi usually did not face legal repercussions was not a mattter of exemption from the law, but rather because "the Republic tends to understand the exigencies of Jedi missions and is usually willing to overlook so-called 'victimless crimes' a Jedi might perpetrate in pursuit of his mission."
To be blunt, the Jedi did not face legal repercussions because they had a wink-wink nudge-nudge relationship with the actual policemen of the Republic, who were content not to enforce the law when the Jedi happened to break it. The fact that the Republic turned a blind eye to the Jedi Order's illegal activities does not equate to legal immunity.
In point of fact,
Revenge of the Sith reveals that the High Council's plans to overthrow Palpatine were formalized precisely becuase of a proposed amendment to the Security Act that would give him direct control over the Jedi Council -- an amendment that in Mace Windu's words would "give him the constitutional authority to disband the Order itself." The Jedi's objections to this were not legal objections that they were an autonomous police force; it was philosophical whining that "though nominally in command of the Council, the Senate may place him, the Jedi he cannot control," because "moral, our authority has always been; much more than merely
legal."
When Windu made clear his belief that a coup was necessary because he thought the dark side surrounded the Supreme Chancellor, Yoda quite rightly declared that proof was needed, not baseless theories. Windu's response is quite telling: "Proof may be a luxury we cannot afford. We must be ready to
act." When Obi-Wan pointed out that Windu was talking about outright treason, Windu was even more explicit: "I'm not afraid of words, Obi-Wan! If it's treason, then so be it. I would do this right now, if I had the Council's support. The
real treason would be failure to
act."
Is this the talk of a reasoned policemen prepared to conduct a professional, scientific investigation? Is this the talk of a policeman concerned with the rule of law? Not in the least. This is the paranoid raving of a religious fanatic, prepared to commit treason because he
thinks a Sith Lord may have influenced the duly-constituted legistlature and the duly-elected head of state of the Republic he claims to love and serve. Even he admits that the law was not on his side in this matter.
And yet you unilaterally declare that maybe what he did was lawful? On what basis? When Palpatine pointed out that being a Sith Lord was not a crime and that the Constitution prohibited religious persecution, did Windu cite precedent? Did he dispute the legality of the Supreme Chancellor's claims? No. Mace Windu's response to a reasoned argument was the fallacy of
argumentum ad baculum. He made no recourse to law, unless it be the law of the sword.
Precisely why one detains him, for further investigation.
This might be acceptable conduct for fascists like the Imperial Security Bureau, but it is grotesque and disgraceful in a liberal, democratic society and rule of law, such as the Republic that Mace Windu allegedly loved. An unsubstantiated accusation of wrongdoing is not grounds for arrest. Investigation takes place before arrest, unless one's name is Mace Windu and proof is a luxury one can do without.
Evidently something not required. We've seen the Jedi just round people up on whim during their investigations. They have the ability to arrest persons and bring them before the council for questioning (AotC) without recourse to outside authority.
You only assume that evidence is not required. The
Power of the Jedi Sourcebook states that the Republic frequently just ignored crimes that the Jedi committed in the course of their missions. Do you think "They usually don't care when we break the law" is a sound legal argument? The Jedi only had authority to intervene when authorized to by the Senate and deputized by the Supreme Chancellor. The Jedi did not even bother to notify the Senate of their concerns, on the grounds that the Senate was "obviously" under the influence of the alleged second Sith Lord -- a Sith Lord whom they could not even prove existed.
And, frankly, I'd trust the obvious preceedent and confidence of the Jedi in having some means with which to proscecute him, over the at best highly fraudulent or completely fabricated (in that it's directly contradicted by the canon) transcript Palpatine presented, complete with ridiculous sob story, to the fanatically cheering senate. The idea that evidence of his many midemenours would not be found by forensic means or interrogation - especially when the Jedi have the option of cutting apart his mind (Almost certainly practical, if 'dark side' simply by virtue of the sheer number of Jedi Masters) to find out where he'd been (remember, they're obviously not prosecuted for using their funky mind powers on people, and do so with absolute impunity, even to bystanders) and what he'd been up to.
The Jedi had no proof that Darth Sidious even existed. They moved to overthrow the lawfully-elected Supreme Chancellor on the basis that he was either a Sith Lord or under a Sith Lord's influence, despite the fact that the Sith Lord was still only theoretical as far as they knew. You propose that this is acceptable conduct on the basis that they
might find proof that he was a Sith Lord after they committed gross acts of treason and insurrection and illegally arrested their own superior without a warrant or probable cause and without any lawful authority to act, and if they didn't find any proof, they could always just torture him into confessing? Do you find this behavior to be acceptable in a liberal democracy?
NecronLord wrote:Fortunately for ther Jedi, they are ultra-high-powered police who seem to have essentially unlimited authority, including acting as plenipotentiaries and mediators, as well as having a long tradition as military commanders and being seemingly able to do whatever they like without fear of prosecution by ordinary mortals. As I said, their behaviour is more that of state sanctioned vigilantes than police, which is probably how they developed their relationship with the Republic in the first place.
The Jedi are not 'ultra-high-powered police' and do not have unlimited authority. They are deputized by the Supreme Chancellor and are only authorized to act with Senate approval. Their de facto immunity to prosecution is not a legal matter but rather a function of the Republic's willingness to turn a blind eye to their crimes. A wink-wink nudge-nudge relationship with sometimes deputies hardly equates to 'essentially unlimited authority.'
It bears repeating that the Jedi did not even have evidence that a second Sith Lord existed at all. This was an assumption accepted as fact because it flattered the established Jedi obsession with the Sith, and virtually all of their decisions in
Revenge of the Sith were colored by this obsessive groupthink. Their conclusion that Palpatine, the Senate, and the Supreme Court could not be trusted because they were under the Sith Lord's influence assumed that there actually
was a second Sith Lord,
despite the fact that they had no proof of this Sith Lord's existence. This is
circulus in demonstrando, fallacious begging of the question; the premise -- there is a second Sith Lord -- was at least as questionable as the conclusion -- so-and-so is untrustworthy because he's being influenced by the second Sith Lord. Does this kind of reasoning justify a coup d'état?
The Jedi's religious obsession with their thrawn schismatic, heretical offspring was a major psychological weakness.This obsession drove them to commit treason on nothing more substantial than paranoia and vague statements offered without the least shred of evidence. In the end, the reason that Windu was so willing to overthrow the government of the Republic was that a Sith Lord had told a Jedi Knight that the Senate was controlled by a Sith Lord, and then a Jedi Knight Windu himself considered to be mentally unstable claimed to have discovered that the Supreme Chancellor was a Sith Lord. Is this evidence? Is this the hinge about which the fate of a galaxy ought to turn? He-said-she-said? Maybe there's a Sith Lord there? This is the lunatic raving of frightened children lashing out at monsters underneath the bed.
The fact that Palpatine actually was a Sith Lord is irrelevant; the Jedi did not know that when they decided to launch their cloister coup, and they certainly couldn't prove it. The fact that they probably would have found evidence to prove that he was a Sith Lord is also irrelevant; they would have found this evidence after they'd already committed treason. Even the fact that he was a Sith Lord at all was and should have been irrelevant; being a Sith Lord was not a crime. Palpatine was an outrageous criminal on a purely secular level, and the investigation against him and eventual charges should have been purely secular as well. The Jedi's irrational fear of the Sith pushed them into reckless, inadvisable behavior, destroying their Order's reputation and handing Palpatine the excuse he needed to order their extermination.