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Nevilledog

(51,055 posts)
21. Your question was legally incorrect as to the overturning of the Double Jeopardy Clause.
Tue Oct 2, 2018, 01:59 AM
Oct 2018

Nothing about Gamble, in any way, is about "overturning the Double Jeopardy Clause". The Double Jeopardy Clause is for the protection of defendants, not the government. In the history of never has the government ever argued that their prosecution violates the Double Jeopardy Clause. Because expanding the Double Jeopardy Clause would help defendants, it would be rather unique for conservatives to support the notion. In fact, the obviously non-conservative RBG has stated in a previous case that the separate sovereign issue should be revisited (along with Clarence Thomas) http://www.abajournal.com/news/article/october_term_2018

Conservatives would be much more likely to want to deny (and the Solicitor General is arguing that separate sovereign prosecutions are fine by them) Gamble's petition and rule that it's not a violation of the Double Jeopardy Clause to have successive prosecutions. As a criminal defense attorney of 27 years I believe Gamble's position is beneficial to criminal defendants. It is a complete stretch to try and apply the issue presented in Gamble to presidential pardons.

Ultimately, the Conservatives and their tough on crime stance should support keeping things the way they are and preserve the status quo. The attempts to argue that Gamble would grant some additional power or scope to the presidential pardon is misguided. Daniel Richman, a Columbia Law professor, posits that state and federal charges usually have "no overlap, or almost no overlap, that would ring Fifth Amendment chimes in the absence of the dual sovereign analysis", and so the impact of overturning the separate sovereigns doctrine would be minimal. https://www.law.com/newyorklawjournal/2018/07/02/upcoming-scotus-case-could-complicate-ny-effort-to-close-double-jeopardy-loophole/?slreturn=20180902013459

So to answer the portion of your question that appears to be of most importance to you.....I don't think it makes a difference who the new nominee would be because I see nothing to support that Conservatives have taken the position that separate sovereign prosecutions are a bad thing.


(I apologize for the rambling response..... Seriously sleep deprived)

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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