[skybrian]

You might compare this to a governor's power to pardon people. It's arbitrary (not rule-based and not based on letting the judicial system work). But it's limited to special cases mainly because the governor has better things to do than issue pardons all day.

[danarmak]

This is less like a governor pardoning people, and more like a governor condemning people without due process.

(The logic being that a pardoned criminal is a much lesser evil than a condemned innocent.)

[benchaney]

The reason a govenor how the ability to pardon people is because the scales are stacked infavor of the accused. This logic implies that the scales are stacked against free speech.