Rosenstein is out

Floridatexan wrote:

Rod Rosenstein to stay in job for now, will meet with Trump on Thursday, White House says

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Floridatexan wrote:
Linda, some outlets reported this as fact, so don't be so hard on yourself.  However, I believe it was a diversion from the Kavanaugh hearings.  Now, Drumpf is at the UN making an ass of himself yet again.

othershoe1030 wrote:

Oh, and BTW there is a case coming up in the Supreme Court that is related to the Russia investigation.

According to Natasha Bertrand, investigative reporter for the Atlantic reports on the "case that will consider whether the dual-sovereignty doctrine should be put to rest. The 150-year-old exception to the Fifth Amendment's double-jeopardy clause allows state and federal courts to prosecute the same person for the same criminal offense. According to the brief he filed on September 11, Hatch believes the doctrine should be overturned."

EmeraldGhost wrote:

othershoe1030 wrote:

Oh, and BTW there is a case coming up in the Supreme Court that is related to the Russia investigation.

According to Natasha Bertrand, investigative reporter for the Atlantic reports on the "case that will consider whether the dual-sovereignty doctrine should be put to rest. The 150-year-old exception to the Fifth Amendment's double-jeopardy clause allows state and federal courts to prosecute the same person for the same criminal offense. According to the brief he filed on September 11, Hatch believes the doctrine should be overturned."

The issue of the Russia investigation aside, how do you think SCOTUS should rule on the dual-sovereignty document?

Do you think it's A-Okay that one can be convicted of an offense in the State of Alabama and sentenced to State prison ... and then a Federal agency prosecute them for the exact same offense so they incur additional years of Federal prison time upon completion of their State sentence for that offense?  You do realize those are the circumstances of the instant case before the court?  

Floridatexan wrote:

EmeraldGhost wrote:

othershoe1030 wrote:

Oh, and BTW there is a case coming up in the Supreme Court that is related to the Russia investigation.

According to Natasha Bertrand, investigative reporter for the Atlantic reports on the "case that will consider whether the dual-sovereignty doctrine should be put to rest. The 150-year-old exception to the Fifth Amendment's double-jeopardy clause allows state and federal courts to prosecute the same person for the same criminal offense. According to the brief he filed on September 11, Hatch believes the doctrine should be overturned."

The issue of the Russia investigation aside, how do you think SCOTUS should rule on the dual-sovereignty document?

Do you think it's A-Okay that one can be convicted of an offense in the State of Alabama and sentenced to State prison ... and then a Federal agency prosecute them for the exact same offense so they incur additional years of Federal prison time upon completion of their State sentence for that offense?  You do realize those are the circumstances of the instant case before the court?  

Do the crime; do the time.

Floridatexan wrote:
You can stop baiting me any time.  I'm not buying your argument.  We already know what implications this has.  

Floridatexan wrote:
You can stop baiting me any time.  I'm not buying your argument.  We already know what implications this has.  

....
STATEMENT OF THE CASE

The Fifth Amendment’s Double Jeopardy Clause
guarantees that “No person shall . . . be twice put in
jeopardy” “for the same offence.” That guarantee
rang hollow for Terance Martez Gamble, who, as a
consequence of the Court-created separate-sovereigns
exception, has been subjected to two convictions, and
two sentences, for the single offense of being a felon
in possession of a firearm. As a result of this doubleconviction
and double-sentencing—and contrary to
the text, original meaning, and purpose of the Double
Jeopardy Clause—he must spend three additional
years of his life behind bars.

1. In 2008, Gamble was convicted of seconddegree
robbery in Mobile County, Alabama. J.A. 27.
Because second-degree robbery is a felony offense in
Alabama, both federal and state law barred him from subsequently possessing a firearm. See Ala. Code
§§ 13A-11-70(2), 13A-11-72(a); 18 U.S.C. § 922(g)(1).

2. More than seven years later, on November 29,
2015, Gamble was driving in Mobile when a police
officer pulled him over for a faulty headlight. See J.A.
27. The officer smelled marijuana and, upon
searching Gamble’s car, discovered two baggies of
marijuana, a digital scale, and a 9mm handgun. See
id.

3. Alabama prosecuted Gamble for possessing
marijuana and violating a state law that “prohibits a
convicted felon from possessing a pistol.” Ex parte
Taylor, 636 So. 2d 1246, 1246 (Ala. 1993); see Ala.
Code §§ 13A-11-70(2), 13A-11-72(a). Gamble received
a one-year sentence. Dist. Ct. ECF No. 34 at 7.

4. While the state prosecution was pending, the
federal government charged Gamble for the same
offense under federal law: being a felon in possession
of a firearm. See 18 U.S.C. § 922(g)(1) (prohibiting
felons from “possess[ing] in or affecting commerce[ ]
any firearm”). The federal charge was premised on
“the same incident of November 29, 2015 that gave
rise to his state court conviction.” Pet. App. 6a; see
also J.A. 27

Gamble raised one and only one objection to his
federal prosecution: that it violated his “Fifth
Amendment [right] against being placed twice in
jeopardy for the same crime.” Dist. Ct. ECF No. 18 at
1. He moved to dismiss his federal indictment on
that ground. Id.

The District Court, in a thorough opinion, denied
Gamble’s motion. Pet. App. 5a–10a. Although the
court recognized that Gamble had been subject to duplicative prosecutions, it had no choice but to adhere to this Court’s separate-sovereigns exception.
“[U]nless and until the Supreme Court overturns”
that exception, the District Court concluded,
“Gamble’s Double Jeopardy claim must . . . fail.” Id.
at 10a.

....