Most of the users that can [flag] also have the option to [vouch]. If enough vouch the flag is reveresed (as far as I know).
Addendum1: I haven't compiled a detailed cross referenced list of observations about HN .. but it's got a lot of little subtle quirks from custom coding .. I suspect there's a window for submission vouching that's only open to users with certain other privlege escalations, or perhaps a stochastic element throws that chance to a random few .. eg: I have no option to vouch for this flagged submission, but I have had that option on others.
Addendum2: Jtsummers may well be right. There may also still be other odd little factors <shrug>.
Note that the same thing is true for comments. Occasionally, but not often, you'll find a [flagged] comment that isn't [dead], you can't vouch for those either. Only once they become [dead] can they be vouched for.
Okay. He does comment most days.
> He is upholding the flag, ..
Is he? Like "actively" .. or just letting things work as they are designed and as HN users have made happen?
> which makes him complicit.
Does it?
If so, is there a legal path by which we can punish him for this?
Maybe you've invested a little to much of yourself in an online forum.