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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsGamble 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=desktophttps://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 Trumps power: It could discourage him from trying to shut down the Mueller investigation or pardon anyone caught up in the probe, because the pardon wouldnt be applied to state charges. Under settled law, if Trump were to pardon his former campaign chairman Paul Manafort, for examplehe was convicted last month in federal court on eight counts of tax and bank fraudboth 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 Trumps 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 generallybut with some existing limitscan 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
fleur-de-lisa
(14,624 posts)1. This is really important! Too bad it got lost in all the other news.
tableturner
(1,682 posts)2. VERY important, kick and rec!