SUPREME COURT UPHOLDS DOUBLE JEOPARDY RULE THAT MIGHT WEAKEN REACH OF TRUMP’S PARDONS

[WestVirginiaRebel]

Daily Caller

The Supreme Court left undisturbed Monday a legal rule that allows state and federal governments to prosecute individuals for the same conduct despite the Constitution’s ban on double jeopardy.

The case was closely watched because of its possible ramifications for President Donald Trump, given continued speculation that he could pardon confidants facing criminal convictions like Paul Manafort. The pardon power authorizes the president to grant clemency for federal crimes, but does not reach state matters.

 

The Fifth Amendment’s double jeopardy clause prohibits multiple prosecutions for the same offense. An exception to this rule called the separate sovereigns doctrine allows state and federal governments to bring successive prosecutions for the same crime. Monday’s decision leaves the doctrine in place, meaning any person Trump pardons remains exposed to state prosecutions.

The case was one for unexpected ideological bedfellows. Justice Samuel Alito delivered Monday’s opinion for a seven-justice majority, while Justices Ruth Bader Ginsburg and Neil Gorsuch dissented.

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Double jeopardy for some but not all?

[Geee]

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