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SubjectTrip

(79 posts)
Wed Sep 26, 2018, 02:36 PM Sep 2018

Gamble vs US is why Trump and his fellow criminals in the GOP are so desperate to seat Kavanaugh

http://www.scotusblog.com/case-files/cases/gamble-v-united-states/?wpmp_switcher=desktop

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



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.”


This story got little traction yesterday. I sincerely hope Rachel covers this tonight!
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Gamble vs US is why Trump and his fellow criminals in the GOP are so desperate to seat Kavanaugh (Original Post) SubjectTrip Sep 2018 OP
This is really important! Too bad it got lost in all the other news. fleur-de-lisa Sep 2018 #1
VERY important, kick and rec! tableturner Sep 2018 #2
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