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bitterross

bitterross's Journal
bitterross's Journal
October 27, 2018

MAGABomber is great. How about MAGATerror for the mobs/shootings?

We should pin as much as we can to them and that damn MAGA

Maybe it should be MAGAterrorism?

October 26, 2018

Bet he won't be charged with terrorism

They don't want to call it terrorism. They don't want to discourage others from doing copy-cat pipe-bombs. Trump is, I'm certain, hoping for copy-cats.

October 12, 2018

Trump is Screwed now, the GOP has their SCOTUS.

The GOP has packed the courts and SCOTUS now.

Trump is no longer necessary.

Discuss.

October 1, 2018

Why I don't See Gamble vs. US as the issue

I'm seeing a lot of posts about this case and Kavanaugh. Frankly, I don't think this is the reason they want him. They may not even need him for the winning vote.

RBG has questioned this doctrine and in a recent case (Puerto Rico v. Sanchez Valle) she wrote a concurrence with Justice Thomas that suggested it was time for a “fresh examination” of this doctrine. Now, when the Venn Diagram of people who support a review has RBG and Clarence Thomas in the intersection of the sets I have to take note.

I believe this separate/dual sovereigns doctrine SHOULD be overruled. I think it DOES violate the Double Jeopardy clause. It's called an "exception" for a reason. It creates an exception to the otherwise plain language of the 5th Amendment.

Take a look at the details in the case that has worked its way up to the court and you might be more sympathetic. Think about the possibility of having your minor marijuana possession charge dismissed at the state level only to have Jeff Sessions' DOJ/DEA charge you AGAIN at the federal level.

BOOM, now you're back in jail, back in court, back in tons of JEOPARDY and spending money you do not have to defend yourself because you just went almost broke defending yourself in state court.

Or, you had a DA who see's the stupidity of marijuana being a Schedule 1 drug who let you off with some probation or dismissed the charges. Jeff Sessions and the tough on crime people don't like that. You need to pay. You need to go to federal prison for that one brownie you had.

THAT is the day-to-day reality of this case and the doctrine. This is actually happening on a more frequent basis. Joint state-federal task forces work together more and more now. When the state DAs lose their cases in state court, they hand it over to the feds for a do-over. Nobody likes to lose. They'll show you!

Trump and his band of criminals are not the people who need this the most. I would suggest that we common people need this far more. As the Federal government and its branches tasked with law enforcement continue to expand under the Republicans we common people need this more.

I don't like that it MIGHT provide a way for Trump to get his cronies out of trouble but I suspect it won't be that cut and dried. The law never is. The feds can choose not to charge people and leave way for the states to bring charges and Trump cannot do a thing about it.

I think, overall, ending the dual/separate sovereigns doctrine is the right thing to do for the country and the Constitution. If it lets some of Trump's cronies get away, then I'll have to live with that. Just as I live with, and fully support, the doctrine that it is better to let a dozen guilty people go free than imprison a single innocent person.

As a liberal and progressive I must look past my contempt for Trump, his cronies, and the current circumstances to the greater good. I must be consistent in my opinions, actions and support. So I, personally, must support the end of the dual/sovereign doctrine. Even if it might, might allow some of Trump's cronies to weasel out of trouble.

https://www.aclu.org/cases/gamble-v-united-states

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Member since: Sat Oct 15, 2016, 07:41 PM
Number of posts: 4,066

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