Mueller And Manafort Have A Lot Riding On A Supreme Court Double Jeopardy Case
The Supreme Court will decide whether the Constitution’s double jeopardy bar allows state and federal prosecutors to bring charges for the same offense.
The case is of significance to the Mueller probe, as states like New York have explored bringing charges against Trump associates under state law who the president might pardon.
The high court heard arguments in the case Thursday.
The Supreme Court appeared skeptical Thursday of overturning an exception to the Constitution’s double jeopardy prohibition, which allows state and federal prosecutors to bring successive prosecutions for the same offense.
The case is carefully followed in Washington because of its potential ramifications for special counsel Robert Mueller’s investigation.
“The notion that the federal government would step in and prosecute a defendant after a state jury acquitted him of the same offense would have shocked the founding generation,” one of the briefs at the high court reads.
Thursday’s case arose in Alabama, when Terence Gamble was arrested during a 2015 traffic stop after police recovered two baggies of marijuana and a 9mm handgun from his car. State prosecutors charged Gamble, a convicted felon, for illegal possession of a firearm. A federal charge for the same crime followed.
The so-called separate-sovereigns doctrine allows state and federal courts to prosecute individuals for the same offense, double jeopardy notwithstanding. The question in Thursday’s case was whether that rule should be overturned.
That move could hinder the Mueller probe, should President Donald Trump choose to pardon aides and associates who the special counsel has since indicted. Since the president can only issue pardons for federal offenses, a handful of states like New York have taken steps to bring their own cases against Trump associates for violations of state law.
If the separate sovereigns doctrine is struck down, Trump’s pardons could ensure his embattled confidants are protected from legal consequences. Trump has said as recently as Nov. 28 he has not ruled out the possibility of a pardon for Paul Manafort, his former campaign manager who has since been convicted of fraud and lying to federal investigators.
https://dailycaller.com/2018/12/06/supreme-court-double-jeopardy-mueller/