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hlthe2b

(110,675 posts)

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

Reply to Ocelot II (Reply #2)

Mon Jun 16, 2025, 12:58 PM

Jun 16

the "dual sovereignty doctrine"-which recognizes that the federal government and each state government are separate and distinct sovereigns, each with its own laws and interests. Therefore, an act that violates both federal and state laws can be prosecuted by both jurisdictions without violating the constitutional protection against double jeopardy. SCOTUS has upheld the latter on multiple occasions, including fairly recently (2019 case of Gamble v US)

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yorkster Qutzupalotl EdmondDantes_eShirl

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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