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Supreme Court rules in case watched for impact on Trump pardons

Politico: “The Supreme Court ruled Monday in a closely watched “double jeopardy” case, issuing a decision that preserves states’ power to limit the impact of future pardons by President Donald Trump or his successors. In a 7-2 ruling, the justices declined to disturb a longstanding legal principle known as dual sovereignty, which allows state governments to bring their own charges against defendants already tried or convicted in federal court, or vice versa. Lawyers for an Alabama man facing a gun charge in federal court after pleading guilty to the same offense in state court — resulting in a nearly three-year extension of his prison sentence — failed in their effort to persuade the justices to hold that the Constitution’s prohibition on double jeopardy prevents such follow-on prosecutions.

The federal government had argued that overturning the dual-sovereignty doctrine would upend the country’s federalist system, and that the phenomenon of overcriminalization makes states’ ability to preserve their own sphere of influence and prevent federal encroachment on law enforcement more important. Democrats and others bracing for potential pardons by Trump of individuals convicted in former special counsel Robert Mueller’s investigation were tracking the case, Terance Gamble v. U.S., because a decision overturning the dual sovereigns rule could have complicated efforts by state prosecutors to blunt the impact of any attempt Trump may make to grant clemency to those targeted by Mueller’s team….”

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