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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThe rush to confirm Kavanaugh - Gamble v. United States
We took comfort in knowing Mueller spread his investigations to the State level.
We took comfort in knowing that a President can't pardon State crimes.
Take comfort no more.
Link to tweet
mahatmakanejeeves
(57,359 posts)Last edited Fri Sep 28, 2018, 12:16 PM - Edit history (1)
And just like that...
Link to tweet
A Supreme Court Case Could Liberate Trump to Pardon His Associates
Gamble v. United States isnt related to the Russia investigation. But the outcomewhich one senior Republican senator has tried to influencecould still have consequences for the probe.
NATASHA BERTRAND
SEP 25, 2018
A key Republican senator has quietly weighed in on an upcoming Supreme Court case that could have important consequences for Special Counsel Robert Muellers Russia investigation.
The Utah lawmaker Orrin Hatch, who sits on the Senate Judiciary Committee, filed a 44-page amicus brief earlier this month in [link:http://|Gamble v. United States], a case that will consider whether the dual-sovereignty doctrine should be put to rest. The 150-year-old exception to the Fifth Amendments double-jeopardy clause allows state and federal courts to prosecute the same person for the same criminal offense. According to the brief he filed on September 11, Hatch believes the doctrine should be overturned. The extensive federalization of criminal law has rendered ineffective the federalist underpinnings of the dual sovereignty doctrine, his brief reads. And its persistence impairs full realization of the Double Jeopardy Clauses liberty protections.
Within the context of the Mueller probe, legal observers have seen the dual-sovereignty doctrine as a check on President Donald Trumps power: It could discourage him from trying to shut down the Mueller investigation or pardon anyone caught up in the probe, because the pardon wouldnt be applied to state charges. Under settled law, if Trump were to pardon his former campaign chairman Paul Manafort, for examplehe was convicted last month in federal court on eight counts of tax and bank fraudboth New York and Virginia state prosecutors could still charge him for any crimes that violated their respective laws. (Both states have a double-jeopardy law that bars secondary state prosecutions for committing the same act, but there are important exceptions, as the Fordham University School of Law professor Jed Shugerman has noted.) If the dual-sovereignty doctrine were tossed, as Hatch wants, then Trumps pardon could theoretically protect Manafort from state action.
If Trump were to shut down the investigation or pardon his associates, the escape hatch, then, is for cases to be farmed out or picked up by state-level attorneys general, who cannot be shut down by Trump and who generallybut with some existing limitscan charge state crimes even after a federal pardon, explained Elie Honig, a former assistant U.S. attorney in New Jersey. If Hatch gets his way, however, a federal pardon would essentially block a subsequent state-level prosecution.
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avebury
(10,952 posts)the state's have the first bite of the apple . MY would grab the chance.
ancianita
(36,009 posts)once Kavanaugh assumes the bench.
awesomerwb1
(4,267 posts)Dems in leadership....everyone.
When will we all realize the opposition will do ANYTHING to get what they want? There is nothing they won't do to advance their agenda.
Prepare to get steamrolled by the russiapublicans over and over unless we wise up and stop bringing plastic knives to gun fights.
Nevilledog
(51,055 posts)I have tried over and over to point out the utter crap that is being said about this case.
This does not take away the state's right to criminally prosecute federally pardoned defendants.
Please, take a few minutes everyone and read at least the fucking briefs.
Here's the brief from the gov't arguing against any change, and it explains the facts of the case at issue.
https://www.supremecourt.gov/DocketPDF/17/17-646/28031/20180116184058367_17-646%20Gamble.pdf
Edit to add:. Better yet, read the entire article at your link.
mikeysnot
(4,756 posts)This is for the same crimes.
If Mueller has different crimes, and I am sure there is for all of trumps cohorts, he cannot pardon them at the state level?
I hope that is the case.
Mueller team is five months ahead of were we are at at this point.
Nevilledog
(51,055 posts)Raven123
(4,800 posts)Concerning the powers of the President : and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Seems clear to me that the strict constructionists should read as written
Response to SHRED (Original post)
RhodeIslandOne This message was self-deleted by its author.
Anon-C
(3,430 posts)Would never happen, right?