The Galactic Republic v. Chancellor Palpatine

[Alexian Cale]

He admitted to Anakin in his office before Skywalker went to Windu that he was Darth Sidious and that he had received training in the dark side of the Force. I'd say that this could potentially yield a guilty verdict if coupled with Dooku's confession to Obi-Wan on Geonosis and cooperation from the Separatist leaders.

[TC Pilot]

Incorrect. A confession to an officer of the law is more than 'hearsay'.

Except he did not confess to Mace Windu, he confessed (rather, he hinted enough for Anakin to figure that he could use the Force) to Lord Vader, who Windu explicitely said he did not trust. Keep in mind, Palpatine was not even a suspect, either, "because he already ruled the galaxy."

Arrest does not equal conviction; the arrest of a Sith Lord, of whom there is reputedly only one left, who just happens to live in the same complex as the Sith Lord responible for the war, seems perfectly justified.

Except you are not the supreme executive authority and head of state of the country. As the Old Republic parallels the Roman government, it stand to reson that magistrates are immune from arrest or prosecution during their terms of service. This same immunity came up in the United States as well, though I am unfamiliar how far that principle extends to other countries. He could not be arrested, or even prosecuted, until the Senate impeached him or his term expired.

As for your claims that he does not have the legal right. Please give me a line reference in the Republic Constitution that says that's illegal? Whether it is technically legal or not is unknown to me. And I dare say, has never been addressed.

I'll grant you we lack knowledge of what the Republic constitution states on the matter, but it is presumptuous to assume they can arrest Palpatine while chancellor when that is not how things work in government here.

In any case, the Senate agreed with the Chancellor on the matter that the Jedi did in fact commit treason in their attempted coup.

Err... I wouldn't go that far. Emperor Palpatine and the upper echelon of the Empire were indisputably evil and vile.

Evil, and legality and popularity are two distinctly different things. The Emperor was an evil scumbag, certainly, but it was also immensely popular.

Keep in mind too, that the same people who ran the Empire had run the Republic.

[Shannon]

Except he did not confess to Mace Windu, he confessed (rather, he hinted enough for Anakin to figure that he could use the Force) to Lord Vader, who Windu explicitely said he did not trust. Keep in mind, Palpatine was not even a suspect, either, "because he already ruled the galaxy."

Whether or not Master Windu fully trusted Jedi Skywalker is completely irrelevant. Skywalker was an officer of the law and a General of the Grand Army of the Republic. Palpatine confessed to being a Sith Lord. Because of the Rule of Two, the Jedi and Republic Intelligence knew that the only Sith left alive after the death of Lord Tyranus was Darth Sidious. Ergo, Palpatine is Sidious.

Skywalker then informed the highest ranking superior officer present, Master Windu, of what he had discovered. Master Windu had already planned to ask the Supreme Chancellor to relinquish his emergency powers, as he'd promised to do when he first gained them. His mission now changed; he acted instead, as he was duty bound to do, to remove a clear and present danger to the Republic, acting both as a Jedi Master and Senior Member of the Jedi Council and as a High General of the Grand Army of the Republic. This was not a military coup, nor was it treason. The mere fact that such senior officials of the Republic attempted an arrest, stating that the Senate would decide the Supreme Chancellor's fate, should tell us that.

As for these assertions about 'freedom of religion' made in the novel and 'it's not illegal to be a Sith Lord', I call bullshit. The Sith were a well known threat to the Republic. It's worth noting that all these statements about freedom of religion were made in the novel by Palpatine himself, no one else, and were made for the benefit of later listeners to the recording device in his desk. He was playing to the ignorant masses, nothing more.

When Master Windu acted, along with his three supporting Masters, they were confronting a dangerous threat to the Republic, and were justified, given the known powers of a Sith Lord, to use whatever force necessary to protect themselves. Palpatine then resisted arrest by attacking the Jedi.

As other posters have noted, there had been a substantial amount of evidence already gathered that Sidious had orchestrated the war and was directing the Confederacy. If witnesses could be found and protected, there is a possibility of a successful prosecution, especially when the star witness is the Hero With No Fear.

I am not familiar with the Republic Constitution, but neither is anyone else here. There is however a lot of speculation about similarities between Roman and American models. I can't speak to that, only being familiar as I am with the Westminster system of parliamentary democracy and the laws of my own country, New Zealand (where you COULD make an arrest like this).

[lord Martiya]

He admitted to Anakin in his office before Skywalker went to Windu that he was Darth Sidious and that he had received training in the dark side of the Force. I'd say that this could potentially yield a guilty verdict if coupled with Dooku's confession to Obi-Wan on Geonosis and cooperation from the Separatist leaders.

Confession of a dead enemy and an admission of a religious or philosophical controversy with the Jedi? Not adequate.

[NecronLord]

Except he did not confess to Mace Windu, he confessed (rather, he hinted enough for Anakin to figure that he could use the Force) to Lord Vader, who Windu explicitely said he did not trust. Keep in mind, Palpatine was not even a suspect, either, "because he already ruled the galaxy."

He revealed his identity to one police officer ("You're the Sith Lord!"). This police officer told his superior, who tried to make an arrest. Whether Windu had misgivings or not is irrelevant. His superior can make an arrest even if he's not certain; there's evidence making him a prime suspect, a confession to a police officer, and an high probability that if not taken into custody, Darth Sidious will commit more (high) crimes against the Republic.

Except you are not the supreme executive authority and head of state of the country. As the Old Republic parallels the Roman government,

And the Weimar government. And the United States Government.

it stand to reson that magistrates are immune from arrest or prosecution during their terms of service. This same immunity came up in the United States as well, though I am unfamiliar how far that principle extends to other countries. He could not be arrested, or even prosecuted, until the Senate impeached him or his term expired.

That's a pathetic argument. It paralells the Roman Republic? Pardon? Governors were a new thing, Padme went straight to Senator after only being a member of regional government, rather than following any cursus honorum, there were never any equivalent to consuls, to our knowledge.

I'll grant you we lack knowledge of what the Republic constitution states on the matter, but it is presumptuous to assume they can arrest Palpatine while chancellor when that is not how things work in government here.

I don't know where you are, but assuming it's the United States, that is not correct. If so, that is a legal opinion, it is not necesserily so. No part of the US constition specifically grants the President exemption from criminal proscecution. The closest is Article 1, Section 3, Clause 7

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Which implies that trials for criminal acts should take place after impeachment. However, this is unclear. It does not specifically state that no criminal proscecution may happen before an impeachment. Arguments for criminal (as opposed to civil) immunity of United States officials have been struck down in the past (US vs Isaacs, US vs Lee - "No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it." or Burton vs US, where the Supreme Court struck down the notion that senators could not be convicted, as it would remove them from the Senate, when the Senate was supposedly the only body able to eject a member.) The legality of an arrest of the President for criminal activity in the United States is probably a matter that would have to be addressed by the Supreme Court. I have little doubt it would be upheld, should a President be revealed to be as egregiously evil and criminal as Palpatine.

You will note, however, that at no point in the novel's long and retconned exchange between Windu and Palpatine does the latter claim immunity from arrest.

Ignoring all this fluff, you are basically making unsupported claims, based on your notion that the Galactic Republic, where the Vice Chair of the Senate is apparently second to the Chancellor, and where the Senate, not the people, appoint the Head of State, should have the same laws as the United States. Or the Roman Republic. Or... well. Anything. Their governmental system is clearly not that of the Roman Republic (Where are the consuls?) or the United States (I'm sorry, he was elected by whom?). At no point does a canon source suggest he has immunity from criminal arrest.

In any case, the Senate agreed with the Chancellor on the matter that the Jedi did in fact commit treason in their attempted coup.

They were not told that he was the Sith Lord, jackass. What's that meant to prove? Did you see a prosecutor anywhere in the Senate in that scene?

[Isolder74]

In any case, the Senate agreed with the Chancellor on the matter that the Jedi did in fact commit treason in their attempted coup.

They were not told that he was the Sith Lord, jackass. What's that meant to prove? Did you see a prosecutor anywhere in the Senate in that scene?

The Senate was also only told the versions of event Palpitine wanted them to hear as well. They heard a doctored version of events. They never heard Palpitines "I am the Senate" statement and unless they were in on the inside information that Palpitine was Darth Sidious the actual leader of the treasonous Sepratists they did not know who he actually was.

Palpitine as Darth Sidious, the Sith Lord that they are looking for, being the ipso facto leader of the Seperatists and someone that the Jedi were already looking for made him an immediate threat to the security of the Republic. They were arresting him they were not there to simply kill him. After being informed of being under arrest, he then resisted arrest resulting in the fight.

In the United States in a President is found to be a suspect of Treason HE CAN be placed under arrest and will not be able to continue in office until after the impeachment proceedings. This situation would be like U.S. Grant finding out that Jefferson Davis is actually Abraham Lincoln.

[lord Martiya]

Yes, if Grant is able to prove it.

[Alexian Cale]

He admitted to Anakin in his office before Skywalker went to Windu that he was Darth Sidious and that he had received training in the dark side of the Force. I'd say that this could potentially yield a guilty verdict if coupled with Dooku's confession to Obi-Wan on Geonosis and cooperation from the Separatist leaders.

Confession of a dead enemy and an admission of a religious or philosophical controversy with the Jedi? Not adequate.

Count Dooku was once a powerful and highly respected Jedi. The RotS novelization makes it explicitly clear in the beginning that though he has committed horrible deeds, people still respect his convictions (it goes on to say that General Grievous is the true monster of the CIS). His confession would still hold weight. Most of the upper Jedi by the time of Labyrinth of Evil were aware that Dooku had a master by the name of Darth Sidious. Finding and coercing Nute Gunray to testify on their behalf could seal a successful prosecution.

[Isolder74]

Yes, if Grant is able to prove it.

If we go by the Movie then Mace has enough evidence to arrest Palpitine and then once in custody they can gather the evidence they need to convict him.

[Alexian Cale]

Yeah, I think it's possible.

[Publius]

It should be noted that the Jedi are not in fact policemen. According to the Power of the Jedi Sourcebook, they are deputized by the Supreme Chancellor (and require legislative authorization to intervene in internal matters, as seen in Cloak of Deception and The Phantom Menace); they cannot logically have authority to arrest him, seeing that they derive their authority to arrest from him.

[TC Pilot]

Whether or not Master Windu fully trusted Jedi Skywalker is completely irrelevant.

What are you talking about? Windu went to arrest and murder Palpatine solely based on what Anakin Skywalker says. And what did Skywalker tell him? "I think Chancellor Palpatine is a Sith Lord." And this coming from an unreliable person he sensed "a great deal of confusion in you." Whether or not Windu trusts Skywalker is absolutely imperative, because that is the only proof they have that Palpatine has done anything wrong.

Skywalker was an officer of the law and a General of the Grand Army of the Republic.

And Palpatine is the legally elected head of state.

Palpatine confessed to being a Sith Lord.

Did he? Where? Skywalker certainly never told Windu that.

This was not a military coup, nor was it treason. The mere fact that such senior officials of the Republic attempted an arrest, stating that the Senate would decide the Supreme Chancellor's fate, should tell us that.

One might do well to remember that these are the Jedi who were seriously contemplating overthrowing the chancellor, rig the Senate, and ordered Anakin "to do something against the Jedi Code. Against the Republic," before threatening and attempting to assassinate the Chancellor. Windu did everything backwards.

It's one thing to say Palpatine should have been removed from office and stand trial, but another thing entirely to retroactively justify their attempted assassination and purge of the Senate from hindsight.

As for these assertions about 'freedom of religion' made in the novel and 'it's not illegal to be a Sith Lord', I call bullshit. The Sith were a well known threat to the Republic.

"Well known threat?" The Sith were believed extinct for a thousand years. A thousand years ago, Vikings and Mongols were raping, pillaging and murdering across whole continents. That remind you of any organization in Star Wars? Like the Mandalorians, perhaps? It's not very Jedi-like to judge a book by its cover and decide it should be killed.

It's worth noting that all these statements about freedom of religion were made in the novel by Palpatine himself, no one else, and were made for the benefit of later listeners to the recording device in his desk. He was playing to the ignorant masses, nothing more.

So everyone but the Jedi are ignorant of what rights the Republic grants?

I can't speak to that, only being familiar as I am with the Westminster system of parliamentary democracy and the laws of my own country, New Zealand (where you COULD make an arrest like this).

You could arrest the Queen of England? Since when?

[Alexian Cale]

It should be noted that the Jedi are not in fact policemen. According to the Power of the Jedi Sourcebook, they are deputized by the Supreme Chancellor (and require legislative authorization to intervene in internal matters, as seen in Cloak of Deception and The Phantom Menace); they cannot logically have authority to arrest him, seeing that they derive their authority to arrest from him.

What a conundrum. Publius, would you mind if I PM you for advice on a Palpatine-esque argument?

[Havok]

It should be noted that the Jedi are not in fact policemen. According to the Power of the Jedi Sourcebook, they are deputized by the Supreme Chancellor (and require legislative authorization to intervene in internal matters, as seen in Cloak of Deception and The Phantom Menace); they cannot logically have authority to arrest him, seeing that they derive their authority to arrest from him.

But didn't he give them the power to arrest Sidious? And even kill him if necessary? The fact the he is the same person should be irrelevant.

[Fingolfin_Noldor]

You could arrest the Queen of England? Since when?

Hope you haven't forgotten a certain king who lost his head, and when the monarchy was outlawed by a certain puritan.

[TC Pilot]

Hope you haven't forgotten a certain king who lost his head, and when the monarchy was outlawed by a certain puritan.

I take it you're ignorant of the actual trial, in which King Charles repeatedly demanded to know what legal authority could prosecute him, and was repeatedly dodged? Or that virtually the entire House of Lords was absent, as well as all but the 100-60 purged by the military? Or the subsequent voluntary Restoration?

[Murazor]

"Well known threat?" The Sith were believed extinct for a thousand years. A thousand years ago, Vikings and Mongols were raping, pillaging and murdering across whole continents. That remind you of any organization in Star Wars? Like the Mandalorians, perhaps? It's not very Jedi-like to judge a book by its cover and decide it should be killed.

In Darth Bane Path of Destruction, it is explicitly stated that the Sith Order is an illegal organization. Although it is not completely outside the realm of possibility, I find it unlikely that the Galactic Republic would decide to legalize an organization of traitors and war criminals after its alleged extinction.

[NecronLord]

It should be noted that the Jedi are not in fact policemen. According to the Power of the Jedi Sourcebook, they are deputized by the Supreme Chancellor (and require legislative authorization to intervene in internal matters, as seen in Cloak of Deception and The Phantom Menace); they cannot logically have authority to arrest him, seeing that they derive their authority to arrest from him.

The Office of the Chancellor from which they derive their authority may not legally be considered the same as ? Palpatine of Naboo, Incumbent Chancellor. This is again, verging into unknown and speculative territory. To my knowledge, any speculation on his power to halt, overturn or overrule a Jedi investigation would be just that, speculation. It is doubtless complicated by his recently having become direct (military) commander of the Jedi order and the troops under them, but again, it seems fruitless to speculate on whether this would give him the authority to command the release of prisoners, pardon himself, or any other snakish work-around.

All we can say for certain is that the Jedi had a strong reason to believe he was guilty of treason, and a power of arrest. It is concievable that this power of arrest does not extend to the Chancellor, although even in the novellisation's prolonged interchange for the benefit of the security systems, Palpatine does not claim immunity from arrest.

[NecronLord]

I take it you're ignorant of the actual trial, in which King Charles repeatedly demanded to know what legal authority could prosecute him, and was repeatedly dodged? Or that virtually the entire House of Lords was absent, as well as all but the 100-60 purged by the military? Or the subsequent voluntary Restoration?

As a matter of discourse, many of the United Kingom's legal theoreticians have claimed that this is legitimate, and derived in part from the trial and excecution of King Charles, the doctrine of The Supremacy of Parliament or Parliamentary Sovreignty. This is complicated by the British lack of anything that can be called a solid written constitution, much of the fundamental law is derived from existing, mundane laws and tradition. Whether or not she could be arrested is a matter of de facto power. An argument can be made for or against her immunity to arrest. The only way to say for certain if she could be brought to trial 'legally' is to have the Parliament make an attempt - Parliament is also the highest court. Its interpretation of the law is binding.

[Publius]

In reply to the initial question, yes, Palpatine's seizure of power in the Galactic Republic was perfectly legal. His continuation in office beyond the expiry of his term was the result of a constitutional amendment that extended his term indefinitely, with only a gentleman's agreement that he would step down after the Separatist crisis had abated (Labyrinth of Evil). His assumption of emergency powers was the result of a resolution duly passed by the Senate (Attack of the Clones). Most of his major centralizing initiatives were carefully sanctioned by legislation and Constitutional amendments (HoloNet News, Revenge of the Sith). The fact of the matter is that by the end of the Clone War, Palpatine had manipulated the system to make himself the legally-enthroned dictator of the Republic.

However, a great deal of his activities during the last days of the old Republic were illegal, including most notably his leadership of the Conferedacy of Independent Systems. (Note that his involvement with the Separatist movement itself was not treasonous per se; secession was perfectly legal, as seen for example in "Sluis Sector Secedes; Seswenna Restates Loyalty.") Even if treason did not enter into the picture, he was involved in a number of other crimes (conspiracy, espionage, sabotage, bribery, misuse of privileged information, racketeering, murder, piracy, terrorism, war crimes, crimes against peace, crimes against sapience, &c.) that were probably sufficient grounds for impeachment and removal from office.

The problem is that the Jedi did not know any of that when they decided to launch their cloister coup. They had no evidence of any wrongdoing. They did not actually know about any of Palpatine's crimes. They certainly did not have the evidence to make a court case; in fact, they didn't even have any proof that there even was a second Sith Lord. It was only an assumption that colored their investigations; the fact that it was true is not a validation of their conduct. They may well have discovered evidence of Palpatine's crimes after his arrest, but that begs the question of whether or not it would be admissible in court, seeing that it would be the results of an unlawful search and seizure.

It is important to remember that Anakin Skywalker told Mace Windu that Palpatine was a Sith Lord -- and he did not even cite his source or mention any evidence of this -- when the latter was already on his way to Palpatine's office to force him to lay down his lawfully-obtained emergency powers. That is to say, Skywalker's unsubstantiated revelation was a convenient pretext for a coup d'état that was already in motion. It would be as though the Prime Minister were arrested by the Archbishop of Canterbury because he didn't like his policies, and went on to announce that it was all right because it turned out that Mr Brown was a neo-Nazi anyway.

It bears emphasis that Palpatine's guilt has nothing at all to do with the fact that he was a Sith Lord; when he says that his religious convictions were protected by the Constitution in Revenge of the Sith, nobody contradicts him. The fact of the matter is that he was guilty of a staggering number of purely secular crimes (conspiracy, treason, espionage, sabotage, murder, piracy, terrorism, racketeering, misuse of privileged information, malfeasance in office, bribery, war crimes, crimes against peace, and crimes against sapience, to name the most prominent). The fact that the Jedi obsessively focused on his religion to the exclusion of all else is precisely the sort of shortsightedness he exploited to their ruin. The fact that he was a Sith is about as relevant as the fact that Hitler was Catholic.

A propos of the subject of the Sith as a religion, it is important to distinguish between the Sithian cult and the Sithian disciplines of the Force. One does not need the Force to be a Sith cultist; Sate Pestage was clearly familiar with a great deal of Sithian esoterica, to the point that "The Emperor's Pawns" states that he conducted dark side experiments and was instrumental in exorcising Palpatine's soul from Jeng Droga's body, and yet Pestage has never been stated or shown to possess even the least sensitivity to the Force itself. "Evil Never Dies: The Sith Dynasties" goes even further, specifically identifying Sir Nevil Tritum as an agent of the Mecrosa Order and Sith cultist who infiltrated House Pelagia's library and killed three Jedi to steal the holocron of an ancient pre-Republic Sith'ari "despite not having any Force abilities." The sizeable Massassi underclass in the Sith Empire (Golden Age of the Sith, Fall of the Sith Empire) and the population of Thule (Geonosis and the Outer Rim Worlds) are more than enough to demonstrate that adherence to the Sithian cult does not a Sith Lord make.

Surely, one can make a case that the Republic may have had laws in place against criminal misuse of Force abilities, but being a Sith cultist was not outlawed per se. In fact, the Sorcerers of Tund were a Sithic cult and were well-known and tolerated by the Jedi Order, according to The Dark Side Sourcebook, provided that they did not stray to the dark side and become a menace to civilization (from their perspective, at any rate). It is not enough to prove that one has intellectual or religious sympathies with enemies of the state; there is considerable difference between theoretical advocacy of a state's overthrow and actual agitation or operation to accomplish the same. Fundamentalist religion is not synonymous with violent extremism.

It bears repeating that the Jedi Knights are not officers of the law. They are not policemen, and do not have the same legal standing as policemen. Cloak of Deception makes it 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."

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." That is to say, they did not generally 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 actual sanction of them.

The Jedi do not derive their authority from some sort of blanket authorization from the Office of the Surpeme Chancellor. They are deputized in specific cases by the incumbent Supreme Chancellor, and serve at his pleasure. When they have not been deputized, they have no lawful authority -- they "stand aside." They had no authority to arrest Palpatine, unless he deputized them to do so. Mace Windu's actions in Revenge of the Sith were clearly and unambiguously illegal. The goodness of his intentions are irrelevant; he did irreparable damage to his case when he launched a coup d'état against the duly-elected Supreme Chancellor of the Republic. It is difficult to imagine that any court not populated by kangaroos would even entertain a case against Palpatine as a result of being arrested after the 'office incident' in Revenge of the Sith.

In point of fact, Revenge of the Sith reveals that the High Council's plans to overthrow Palpatine were formalized precisely because 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."

The coup itself demolishes virtually all moral authority the Jedi may have been able to claim in a case against Palpatine. But Mace Windu went further than that, by seizing upon the flimsy justification that Palpatine was a Sith Lord. As noted, his religious conviction was irrelevant, and when he presses Windu to name a real charge in the novelization, Windu has no answer. For all his talk about the need for action, he could not offer a single valid justification for his actions. Despite all his talk about the safety of the Republic, the best he could manage was to repeat an accusation he'd heard only minutes before from a distraught boy he barely even trusted. Notice that Anakin Skywalker never said how he'd learned that Palpatine was a Sith Lord; he simply said that he'd learned it. Mace Windu accepted this and treated it like an established fact. Unfortunately for him, an accusation is not a conviction.

Furthermore, a single unsubstantiated accusation that a head of state is a violent religious extremist would more than likely not be grounds for arrest, let alone damning testimony in a criminal trial. Remember that the characters do not have access to the same information the audience has; that is why the entire situation is so charged with a certain black irony. All the Jedi actually had was the claim of a mentally disturbed young man that the head of state of the Galactic Republic was a Sith Lord; at best he could testify in court that Palpatine had claimed to be a Sith Lord. At no point did Palpatine actually demonstrate any preternatural abilities, nor did he give Anakin any actual evidence of his religious affiliation. Consider further that if the matter were to go to trial, Palpatine's attorneys could make hash of Anakin as a credible witness -- this is the same man who'd been actively concealing a secret marriage from his religious order, and who'd confessed to having murdered an entire tribe of Tusken Raiders, to say nothing of the fact that Palpatine had witnessed Anakin's cold-blooded murder of the Count of Serenno (and there was no proof that he had been a Sith Lord, either).

At any rate, Palpatine need only deny having said anything of the sort, and could even further point out how ridiculous the idea that he'd be a Sith Lord is. Consider the art on display in his office; if he were a Sith Lord, would he really be so foolish as to have a bas-relief of an ancient battle between Jedi and Sith prominently displayed in his office, where he regularly met with the entire Jedi High Council? If he were a Sith Lord, wouldn't the members of the Jedi High Council have sensed it? He'd met with them frequently for over a decade; and yet the word of Anakin Skywalker should damn him at court? If the Jedi hadn't already been so obsessed with finding the alleged second Sith Lord and caught up in playing power politics against their superior, they probably would have apologized to the Supreme Chancellor for the embarrassing effrontery of the accusation.

Palpatine had spun his web well. The only respectable, lawful thing the Jedi could have done would have been to notify the Senate of their concerns and conduct a thorough, professional, and scientific investigation. Instead, their Sith obsession drove them to flout the law and act in a profoundly undemocratic and criminal manner. Merely being a Sith Lord or being suspected of being one is not an actionable condition -- at least, not if one respects the rule of law, as Mace Windu claims to do. In retrospect, it appears that Mace Windu's cause of death may have been an overdose of irony.

[NecronLord]

Wow. Talk about Shit, the Sourcebook. That's almost as painful as the bits from DESB that are most frequently talked about. The Jedi had no legal standing in the Republic?

Someone at WotC needs to be fired. Or possibly the whole licence revoked. I suppose it's canonical. But it's unspeakably poor world building. Twenty five thousand years with a gentleman's agreement as their legal backing. Holy poorly-thought-out Batman... I suppose if they have to be specially deputised for each mission, then they are indeed acting without due authority (beyond some kind of citizens' arrest provision) and thus illegally.

As for there being no evidence for another Sith Lord, I'm fairly certain both Labyrinth of Evil (which I've lost) and the novellisation make repeated reference to the investigations of Darth Sidious accumulating ever more evidence, including a raid on Sidious' secret installation at The Works.

[Publius]

The problem with all of those investigations is that they're begging the question. They proceed from the assumption that there is a second Sith Lord, and all their findings are interpreted in light of that assumption. The Jedi had proof that an unidentified humanoid was in contact with Nute Gunray, that this humanoid had been present in a hangar in the Dacho factory in the Grungeon block of The Works, and that this humanoid had been inside 500 Republica. They concluded that the Sith Lord had therefore infiltrated the government of the Republic, but the premise that there is a second Sith Lord at all is at least as questionable as the conclusion. They justified this assumption on the grounds that (1.) an alleged Sith Lord said there was another Sith Lord, and (2.) they assume that Sith Lords always come in sets of two.

There are many problems with this. First of all, how did they know that Serenno was telling the truth? How did they know that he actually was a Sith Lord? And furthermore, assuming he was, how did they know he was the Apprentice rather than the Master (see The Phantom Menace)? How do they know that the Rule of Two still applies? Why are they so certain that there must be a second Sith Lord? What makes them so certain that this unidentified humanoid actually is a Sith at all, let alone a Sith Lord?

It seems another manifestation of Jedi tunnel vision. Really they should have been focusing on the fact that someone who had access to 500 Republica was in contact with Confederate leadership, and proceeded to investigate a serious breach of security. A spy having access to the head of state's residence is a serious matter, from a purely secular perspective. The Jedi were so focused on the cult aspect that they neglected the legal side of things (seen in Windu's explicitly stated willingness to entertain treason as a recourse).

[Publius]

The fundamental problem is that the Jedi were doing the right thing for the wrong reasons. The fact that Palpatine was a Sith Lord does not serve to justify their wrong-headed, dangerous activities. The fact that he was a criminal does not mean that their own criminal activities were therefore acceptable. Indeed, the fact of the matter is that their behavior only ended in helping him sell a bill of goods to the Senate and to the galaxy at large. This is the tragedy of the Jedi Order: despite their sincerity, they played at intrigues that were out of their league. For all their powers and all their good intentions, they were hoodwinked.

[Alexian Cale]

So, Publius, there's no way that the Jedi could expose Palpatine's evil actions in a court?

[Isolder74]

As for the grounds to arrest, Anakin tells Mace:

ANAKIN: Master Windu, I must talk to you.

MACE WiNDU: What is it, Skywalker? We are in a hurry. We have just received word that Obi-Wan has destroyed General Grievous. We are on our way to make sure the Chancellor returns emergency powers back to the Senate.

ANAKIN: He won't give up his power. I've just learned a terrible truth. I think Chancellor Palpatine is a Sith Lord.

MACE WINDU: A Sith Lord?

ANAKIN: Yes. The one we have been looking for.

MACE WiNDU: How do you know this?

ANAKIN: He knows the ways of the Force. He has been trained to use the dark side.

MACE WiNDU: Are you sure?

ANAKIN: Absolutely.

MACE WiNDU: Then our worst fears have been realized. We must move quickly if the Jedi Order is to survive.

ANAKIN: Master, the Chancellor is very powerful. You will need my help if you are going to arrest him.

MACE WiNDU: For your own good, stay out of this affair. I sense a great deal of confusion in you, young Skywalker. There is much fear that clouds your judgment.

ANAKIN: I must go, Master.

MACE WiNDU: No. If what you told me is true, you will have gained my trust, but for now remain here.

ANAKIN: Yes, Master.

MACE WiNDU: Wait for us in the Council Chamber until we return.

ANAKIN: Yes, Master.

The Jedi had evidence there was a Sith Lord other then Maul and Dooku before this point and they were trying to track him down. They did not appear to be going at the first to arrest palpitine but only to see if he would follow his mandate of stepping down as promised. With Anakin's information the mission instantly changed.