SCOTUS meets today..."could possibly impact Trump's pardon power"

[Miles Archer]

Washington (CNN)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.

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/politics/supreme-court-double-jeopardy-presidential-pardon-power/index.html

[Nevilledog]

1. Inaccurate analysis of Gamble.

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