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Ocelot II

(126,688 posts)

8. Double jeopardy won't attach because of the dual sovereignty exception.

Reply to rzemanfl (Original post)

Mon Jun 16, 2025, 12:50 PM

Jun 16

Because states and the federal government are both sovereign governments, a violation of state and federal law is not the “same offense,” but are instead separate offenses. BTW, we have Sam Alito to thank for that. https://www.supremecourt.gov/opinions/18pdf/17-646_d18e.pdf

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Here's my take. The DOJ's case against the Minnesota shooter will go first- [View all] rzemanfl Jun 16 OP

He Will Get Off Deep State Witch Jun 16 #1

I don't think that will happen. The federal statute says Ocelot II Jun 16 #2

They are saying on the news that the DOJ is charging him with murder. rzemanfl Jun 16 #4

That would lose him more votes than gain. efhmc Jun 16 #5

Do you think TSF gives a flying fuck about votes? rzemanfl Jun 16 #7

Even if he did pardon, State can still charge/try/convict. Double Jeopardy DOES NOT ATTACH under hlthe2b Jun 16 #10

He'll get convicted, although some MAGA rubes will cheer him. Silent Type Jun 16 #3

The Trump DOJ appears to be charging him, rzemanfl Jun 16 #6

Doubt they'll have any trouble coming up with charges for this guy. Silent Type Jun 16 #11

They might have found some interstate connection that could confer federal jurisdiction, Ocelot II Jun 16 #12

I am from Wisconsin which has never had a death penalty. rzemanfl Jun 16 #14

Minnesota doesn't either, but some federal crimes provide for it. Ocelot II Jun 16 #16

I lost my train of thought on the death penalty comment. rzemanfl Jun 16 #17

Double jeopardy won't attach because of the dual sovereignty exception. Ocelot II Jun 16 #8

Thank you! Of course, Roe v. Wade was precedent too. rzemanfl Jun 16 #9

The Separate Sovereigns principle applies NutmegYankee Jun 16 #13

Thank you. I have been reminded of this, assuming that sometime between 1968 and 1971, rzemanfl Jun 16 #15