Supreme Court double jeopardy case could impact Presidential pardon power

Mar 2012
50,184
33,012
New Hampshire
#1
The Supreme Court on Thursday will consider an exception to the Fifth Amendment's ban on prosecuting an individual twice for the same offense in a case that could also possibly impact President Donald Trump's pardon power as it applies to the Robert Mueller probe.

Decades ago, the Supreme Court developed an exception to the Fifth Amendment's double jeopardy clause and it is now being asked to rethink precedent. The so-called "separate sovereigns exception" provides that a person can be tried twice for the same offense if the prosecutions occur in state and federal courts. The rationale is that the states and the federal government are different sovereigns.

Critics contend that in the modern day it leads to harassment of defendants -- especially the poor -- who can't afford to fight on two fronts. They also point to a recent trend they argue has led to an increase of federal prosecutions in areas that had traditionally been left to the states.

In addition, it could also impact the presidential pardon power, leading to a question of what would happen if President were to pardon an individual like his former campaign chairman Paul Manafort for federal offenses. Under the exception, a state could conceivably bring a prosecution for the same crimes. That might not occur if the court were to strike the exception.

https://www.cnn.com/2018/12/06/poli...jeopardy-presidential-pardon-power/index.html
 
Likes: Ian Jeffrey
Jun 2014
42,581
41,348
United States
#2
The Supreme Court on Thursday will consider an exception to the Fifth Amendment's ban on prosecuting an individual twice for the same offense in a case that could also possibly impact President Donald Trump's pardon power as it applies to the Robert Mueller probe.

Decades ago, the Supreme Court developed an exception to the Fifth Amendment's double jeopardy clause and it is now being asked to rethink precedent. The so-called "separate sovereigns exception" provides that a person can be tried twice for the same offense if the prosecutions occur in state and federal courts. The rationale is that the states and the federal government are different sovereigns.

Critics contend that in the modern day it leads to harassment of defendants -- especially the poor -- who can't afford to fight on two fronts. They also point to a recent trend they argue has led to an increase of federal prosecutions in areas that had traditionally been left to the states.

In addition, it could also impact the presidential pardon power, leading to a question of what would happen if President were to pardon an individual like his former campaign chairman Paul Manafort for federal offenses. Under the exception, a state could conceivably bring a prosecution for the same crimes. That might not occur if the court were to strike the exception.

https://www.cnn.com/2018/12/06/poli...jeopardy-presidential-pardon-power/index.html

It appears that Paul Manafort has committed so many crimes that a state could easily prosecute him for charges that have not previously been brought at the federal level, even if the SCOTUS did reverse their position regarding double jeopardy. For instance, while he faces federal income tax evasion charges, the federal government would not prosecute him for state income tax evasion, although a state could certainly do so.