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Amaryllis

(9,524 posts)
Sun Sep 30, 2018, 10:41 PM Sep 2018

One BIG reason GOP is rushing Kavanaugh, and Orrin Hatch is in it up to his eyeballs: [View all]

THey are protecting themselves from whatever corruption charges they may be eligible for, and we know there are many. Russian money, election tampering, collusion, etc. THey want Kav on the court before this case comes up:

https://www.theatlantic.com/politics/archive/2018/09/trump-pardon-orrin-hatch-supreme-court/571285/

A Supreme Court Case Could Liberate Trump to Pardon His Associates

Gamble v. United States isn’t related to the Russia investigation. But the outcome—which one senior Republican senator has tried to influence—could still have consequences for the probe.
Natasha Bertrand
Sep 25, 2018
Mike Segar / AP

A key Republican senator has quietly weighed in on an upcoming Supreme Court case that could have important consequences for Special Counsel Robert Mueller’s Russia investigation.

The Utah lawmaker Orrin Hatch, who sits on the Senate Judiciary Committee, filed a 44-page amicus brief earlier this month in 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 Amendment’s 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 Clause’s liberty protections.”

Within the context of the Mueller probe, legal observers have seen the dual-sovereignty doctrine as a check on President Donald Trump’s power: It could discourage him from trying to shut down the Mueller investigation or pardon anyone caught up in the probe, because the pardon wouldn’t be applied to state charges. Under settled law, if Trump were to pardon his former campaign chairman Paul Manafort, for example—he was convicted last month in federal court on eight counts of tax and bank fraud—both 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 Trump’s 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 generally—but with some existing limits—can 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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Can Trump pardon himself thus avoiding state charges? n/t CottonBear Sep 2018 #1
Wow, suddenly the cons are pushing for a change to the law they opposed for decades. Fred Sanders Sep 2018 #2
I don't understand why people are having a hard time understanding Gamble. Nevilledog Oct 2018 #3
explain this some more ProfessorPlum Oct 2018 #5
The facts of Gamble are critical. Nevilledog Oct 2018 #6
Thank you. EffieBlack Oct 2018 #7
You're very welcome. Nevilledog Oct 2018 #9
thank you for this ..... but ProfessorPlum Oct 2018 #10
Who exactly in the "GOP announces that he can't be tried twice in different jurisdictions"? EffieBlack Oct 2018 #11
I wasn't clear enough then. Nevilledog Oct 2018 #12
then why the need for a supreme court decision ProfessorPlum Oct 2018 #13
So, I'm reading Hatch's Amicus ProfessorPlum Oct 2018 #14
There's a lot of cooperation between the jurisdictions. Nevilledog Oct 2018 #16
if trump pardons manafort for say, tax evasion ...... rampartc Oct 2018 #4
A charge for violation of civil rights has different elements than a murder charge EffieBlack Oct 2018 #8
Question: shanti Oct 2018 #15
Gamble is about expanding double jeopardy rights Nevilledog Oct 2018 #17
That's not what I asked shanti Oct 2018 #18
Your question was legally incorrect as to the overturning of the Double Jeopardy Clause. Nevilledog Oct 2018 #21
Trump and his cronies are off the hook as soon as Kavanaugh is confirmed budkin Oct 2018 #19
Kompromat. ffr Oct 2018 #20
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