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Soph0571

(9,685 posts)
Thu Jun 28, 2018, 10:56 AM Jun 2018

US Supreme Court's Latest Move Could Protect Trump From State Prosecutions

Americans furious with President Donald Trump's possibly criminal acts have taken solace in the fact that should the Mueller investigation lead to federal prosecution but fail, state attorneys general could prosecute him.
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.


[link:https://www.thenewcivilrightsmovement.com/2018/06/us-supreme-courts-latest-move-could-protect-trump-from-state-prosecutions/|

And so it continues....this is only going to get worse!
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Hoyt

(54,770 posts)
5. That's the last thing I'm going to get upset about. First, no state is going to successfully
Thu Jun 28, 2018, 11:19 AM
Jun 2018

prosecute trump for anything related to the election if the feds can't do it. You'd never impanel a jury that wouldn't include a couple of white wingers who'd be glad to hang the jury on trump's behalf.

Second, I'm not sure anyone -- including the guy in the case being appealed to the Supreme Court -- should be subject to two trials for the very same offense, one at the federal level and one at state level (unless the state laws are very different from federal law). I'm fine with a state trying someone for say assault, and the feds trying them for a hate crime.

While I'd love for trump to be removed from office or imprisoned, if he were to be acquitted at the federal level, I'm not sure he should be at jeopardy in a state court for same exact crime. Plus, I doubt it would be very difficult to find something else to get him on at the state level.

Point is, I don't feel like this is another case where the SC is chomping at the bit to screw us. It's a case with a legitimate question it sounds like to me.

Besides, our hopes (mine too) that trump will be removed from office is fading everyday that Mueller fails to issue a report of prosecutable or impeachable offenses.

global1

(25,278 posts)
6. My Understanding Is It Would Be Two Different Cases/Reasons....
Thu Jun 28, 2018, 11:35 AM
Jun 2018

for example: Federal = conspiracy to work with Russia to steal the election and, State = money laundering.

Two different things conspiracy vs money laundering. In my mind that is not double jeopardy.

What am I missing?

 

Hoyt

(54,770 posts)
9. In that situation, any SC ruling on Double Jeopardy case would not apply. Nor concern in OP.
Thu Jun 28, 2018, 11:49 AM
Jun 2018

NYC Liberal

(20,137 posts)
7. But only if they're for the same crime.
Thu Jun 28, 2018, 11:40 AM
Jun 2018

If the state prosecutes for a completely different crime, then there's no way double jeopardy would have anything to do with it.

Where the double jeopardy prohibition probably does apply is if a person is pardoned for or acquitted of a specific crime, and then a state decides to prosecute for that same exact crime.

But a state prosecuting for a completely separate crime could in no way violate double jeopardy rules.

 

leftynyc

(26,060 posts)
10. BINGO!!!!
Thu Jun 28, 2018, 12:11 PM
Jun 2018

I was scrolling down before commenting to see if anyone would mention this. Remember when people were questioning why certain people were not being charged with certain crimes while being charged with others? THIS is why. Mueller is 10 steps ahead.

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