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Nevilledog

(50,671 posts)
12. I wasn't clear enough then.
Mon Oct 1, 2018, 02:25 PM
Oct 2018

The pardon would only cover the exact same crime, same elements, same proof.

As I stated above, you change one item of proof....i.e. Different victim or different scheme and it's a separate crime. Your post is broad in talking about the type of crime. Identical means identical:
Another example:
Fed. Crime has elements A, B, C, proved by facts D, E, F.
State Crime has elements A, B, C, proved by facts D, E, F.

Those are same elements, same facts. NY law already bars that as double jeopardy (however, if state prosecuted first, Feds. could do successive prosecution)

Change ANY of those letters and you no longer have identical crimes.

So, the Traitor Tot is charged with Fed money laundering for Date X, and receives pardon. State could prosecute for money laundering for Day Z. Different crime.



Please, please, please reads the briefs. They're not that long.

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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