General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRethugs need KKKavanaughty to overturn "separate sovereigns" so they can be pardoned without fear
of indictment at the state level for the same crime.
Gamble vs. United States was placed on SC docket the day after inJustice KKKennedy resigned.
Tweets posted by DU'er Roland99 here:
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=11170155
The case, Gamble vs. United States is about whether the Supreme Ct. should overrule the "separate sovereigns" exception to the double jeopardy clause.
i.e., this case could give Dump the ability to pardon anybody without worrying about being tried for the same crime by a state.
...so if you're a rethug, your only salvation in the near future is KKKavanaughty's vote to overturn "separate sovereigns"
lindysalsagal
(20,648 posts)the devil: Mitch McConnell.
avebury
(10,952 posts)has that could be used by the State of NY because they for sure would go after Trump and his family. He should give any state the first bite of the apple for prosecution that will file charges.
Jarqui
(10,122 posts)For the foregoing reasons, amici respectfully urge that the Court overrule its holdings in Bartkus and Abbate and put to rest the dual sovereignty exception to the Double Jeopardy Clause as applied to subsequent federal-state or state-federal prosecutions.
How Putin's oligarchs funneled millions into GOP campaigns
https://www.dallasnews.com/opinion/commentary/2018/05/08/putins-proxies-helped-funnel-millions-gop-campaigns
GOP campaigns took $7.35 million from oligarch linked to Russia ..
https://www.dallasnews.com/opinion/commentary/2017/08/03/tangled-web-connects-russian-oligarch-money-gop-campaigns
House majority leader to colleagues in 2016: 'I think Putin pays' Trump ...
https://www.washingtonpost.com/world/national-security/house-majority-leader-to-colleagues-in-2016-i-think-putin-pays-trump/2017/05/17/515f6f8a-3aff-11e7-8854-21f359183e8c_story.html?utm_term=.6470a8dc5705
So if they knock off this law and Trump pardons his family and everyone else, they cannot get at many of the GOP at a state level.
That would explain why they must get Kavanaugh voted in now - to save their collective asses from Mueller with this pending case. (restating the top post ...)
diva77
(7,639 posts)BigmanPigman
(51,584 posts)Thank you for explaining it to me. I feel like despite having two degrees (one in teaching) I don't understand all the Poli Sci, Civics, Law, History, etc that I need to in order to follow what has been going on for the past two years.
diva77
(7,639 posts)PoliticAverse
(26,366 posts)that would fall under the double jeopardy clause? Income tax evasion wouldn't because state income tax
evasion is a completely separate crime than federal income tax evasion.
diva77
(7,639 posts)I'd like to know the answer as well...
Bradshaw3
(7,505 posts)Very important point.
Nevilledog
(51,064 posts)Just let the states have them, without Federal charges. Gamble won't apply.
I'd charge them federally first, with charges that would not be violation of state law..... If they got pardoned at the federal level the states could proceed on charges unrelated to the Fed crimes.
diva77
(7,639 posts)could be accused of that would still be unpardonable if Gamble were to go in the wrong direction?
Nevilledog
(51,064 posts)Just think of it as who the "victim" of the crime is..... Cheat on your federal taxes, federal crime. Cheat on your state taxes, state crime. I'd charge them with federal only crimes first.... You know like treason. That doesn't have a state crime applicable.
Easy way to say it is.... If you can't prove one without the other you're looking at double jeopardy.
diva77
(7,639 posts)Nevilledog
(51,064 posts)Anon-C
(3,430 posts)...those participating in the Russian style pogrom.