Also, should President Trump decide to pardon those involved in illegal acts, say, for example, colluding with Russia, or money laundering, he can only pardon them for federal crimes – they can still be prosecuted under state laws.
Thursday morning the U.S. Supreme Court announced it is taking up a case involving double jeopardy. In short, if the plaintiff is successful, it would no longer be legal for someone to be prosecuted by a state if the federal government has already tried – or pardoned – them.
— MSNBC (@MSNBC) June 28, 2018
Norman Ornstein, a resident scholar at a conservative think tank and the co-author of One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported, makes clear what is happening.
I fear the fix is in. Kennedy agrees to take double jeopardy case, Supreme Court will act to shield Trump from state prosecutions.
— Norman Ornstein (@NormOrnstein) June 28, 2018
Former federal prosecutor Joyce White Vance, a frequent legal expert on MSNBC, also weighs in:
In my experience, state prosecutors typically stay their case to let a federal prosecution proceed when both plan to prosecute. If long-settled double jeopardy rules change, there will be all sorts of negative impacts, both legal & practical. https://t.co/sSQOb2gs32
— Joyce Alene (@JoyceWhiteVance) June 28, 2018
The U.S. Supreme Court has twice ruled that "double jeopardy" does not violate the Fifth Amendment. The Court does not generally explain why it accepts cases for review.
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