I’ll Take Confusing Legal Doctrines for 200, Alex

Posted: October 7, 2018 by Nazim in Uncategorized

This week’s episode covers Double Jeopardy, and specifically whether the Court will overturn the separate sovereigns doctrine in the upcoming case of Gamble v. U.S.  Brett and Nazim discuss recent Double Jeopardy decisions to see if this case is a secret plot by the government to expand Presidential power, or just strange bedfellows looking to change the law.  Law starts generally at (05:40).

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Comments
  1. Nazim says:

    Some commentary that delves into the double jeopardy details: https://www.popehat.com/2018/10/04/lawsplainer-no-kavanaughs-confirmation-wont-free-all-of-trumps-crimimous-minions-through-an-obscure-double-jeopardy-case/

    “Double Jeopardy prevents successive prosecutions for the same crime, not related crimes. So — even if Kavanaugh swung the Supreme Court to overturn the Separate Sovereigns Doctrine, and even if Trump then went on a pardoning rampage to spare Ostrich Jacket and Idiot Lawyer and Junior and Dummy and so forth — Trump’s pardon would only prevent state prosecution for the same crime that Trump pardoned them for federally. What’s the “same crime?” Under the so-called Blockburger rule, two crimes are not the “same” if each one requires proof of an element that the other does not — that is, if each has at least one unique element. So: Trump’s pardon can only prevent state prosecutions to the extent the state crimes have the same elements as the federal crimes he’s pardoning. They usually don’t.”

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