Supreme Court Ruling — Bad News for Trump

Finally, some good news! The Supreme Court of the United States, by a vote of 7-2, ruled AGAINST overturning the “separate sovereigns” doctrine.

The separate sovereigns doctrine gives states and the federal government the right to try the same person for the same offense without violating the Double Jeopardy Clause:

https://www.supremecourt.gov/opinions/18pdf/17-646_d18e.pdf

Why does it matter?

Trump can use his pardon power to bribe witnesses like Manafort, Flynn, Cohen, or anyone else, but the pardons are meaningless because states, where the crime was committed, can prosecute them for the same crimes without Trump’s interference.

It also means if Trump were to be impeached and indicted, resulting in VP Pence becoming president, (😱), Pence could not pardon Trump like Ford pardoned Nixon.

New York’s District Attorney and New York’s Attorney General are ready and waiting.

What is interesting is that one of the two judges who voted to overturn were Neil Gorush (not a surprise,) and Ruth Beta Ginsburg (what!?).

Ginsberg was likely considering past abuses of the doctrine, as with Rodney King Trials.

The Rodney King Trials and the Double Jeopardy Clause: Some Observations on Original Meaning and the ACLU’s Schizophrenic Views of the Dual Sovereign Doctrine The Rodney King Trials: Civil Rights Prosecutions and Double Jeopardy 41 UCLA Law Review 1993-1994

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.