Author Topic: New York attempting to go after people Trump pardons  (Read 2257 times)

MechAg94

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Re: New York attempting to go after people Trump pardons
« Reply #25 on: May 24, 2019, 08:59:28 AM »
Not specifically. There is a case before SCOTUS, I think it’s Gamble vs. somestateorsuch.

The case may depending on the decision make it so Double Jeopardy applies to a State and Feds charging someone for the same crime which they can do now. A lot of people think the previous SCOTUS decisions allowing separate Sovereign prosecutions is double jeopardy. Others of course disagree.

One implication is that a pardon for a Federal conviction would stop a state from separately charging. The case itself has nothing to do with pardons though. If I recall correctly the guy was charged by both a State and the Feds for gun possession by a felon or something similar.

(Edit)

This is actually the case.

https://en.m.wikipedia.org/wiki/Gamble_v._United_States
I think I might even say it is double jeopardy to charge multiple crimes for the same action, but I am sure that has limits.
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Scout26

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Re: New York attempting to go after people Trump pardons
« Reply #26 on: May 24, 2019, 12:51:16 PM »
The problem is the overlap in Fed and State Crimes.  It used to be that there was none.  Now, so many crimes are both covered by Fed and State Statute, that you can easily face double jeopardy.
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230RN

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Re: New York attempting to go after people Trump pardons
« Reply #27 on: May 27, 2019, 07:10:59 AM »
Quote
There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

―  Ayn Rand

I used to say there was no way to drive a mile, park the car, walk a mile, get back in your car and drive another mile home without breaking five laws.

One time someone bet me he could.

"That's one," I said.

"Huh?" he said.

"Gambling is illegal," I said.

=D