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Washington (CNN)The Supreme Court on Thursday agreed to hear a case in the fall to consider whether the double jeopardy clause of the Fifth Amendment bars states and the federal government from separately trying the same person for the same criminal offense.
The double jeopardy case stems from the prosecution of Terance Martez Gamble, who was pulled over by police in 2015 for a broken tail light. Marijuana paraphernalia and a firearm were found in the car during the stop.
"Current precedent allows such prosecutions by 'separate sovereigns.' If the court overrules its prior precedent, it could make it more difficult for a state to try someone who has been pardoned by the federal government if trial proceedings had already begun for the federal offense," said Stephen Vladeck, CNN's Supreme Court analyst and a law professor at the University of Texas School of Law.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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.”
originally posted by: RalagaNarHallas
hrrrm wonder if that is why they didnt want kavanaugh on the bench to rule on this....