Nope. I think that's wrong.
I meant the double jeopardy thing. I thought (but by no means know) that federal and state could try the same charges but that it isn't done often.Which part? The pardon part or the double jeopardy part? As for pardons:
http://www.slate.com/articles/news_.../2008/07/preemptive_presidential_pardons.html
Yes, the POTUS can pardon preemptively.
Double jeopardy is a more complicated topic. However, I'm confident that these kinds of charges couldn't be re-tried in state court after already having been tried in federal court. If you have contrary information, please link it.
No I don't have information and I'm still working on figuring out how to link things. It was an all night party in my house after I figured out how to post a meme the other day!Which part? The pardon part or the double jeopardy part? As for pardons:
http://www.slate.com/articles/news_.../2008/07/preemptive_presidential_pardons.html
Yes, the POTUS can pardon preemptively.
Double jeopardy is a more complicated topic. If you have some information to shed light on whether it would apply here, please link it.
I meant the double jeopardy thing. I thought (but by no means know) that federal and state could try the same charges but that it isn't done often.
Decent chance Pence would pardon Manafort on his way out if necessary. The only reason Pence is VP is because of Manafort.
Manafort is a resident of Virginia, iirc...Guess what, you're right.
http://www.duhaime.org/LegalDictionary/D/DualSovereigntyDoctrine.aspx
Been a long time since I studied the double jeopardy rule.
Hopefully this means they'll go after Manafort in state court after Trump pardon's him.
PS: now I recall why I didn't think they could prosecute Manafort in New York. New York has a statute which disclaims dual sovereignty and prohibits prosecution for something already tried elsewhere. Last I heard, they were trying to change that law.
https://www.theatlantic.com/politics/archive/2018/04/schneiderman-double-jeopardy/558389/
Yay! I'm Right!Guess what, you're right.
http://www.duhaime.org/LegalDictionary/D/DualSovereigntyDoctrine.aspx
Been a long time since I studied the double jeopardy rule.
Hopefully this means they'll go after Manafort in state court after Trump pardon's him.
PS: now I recall why I didn't think they could prosecute Manafort in New York. New York has a statute which disclaims dual sovereignty and prohibits prosecution for something already tried elsewhere. Last I heard, they were trying to change that law.
https://www.theatlantic.com/politics/archive/2018/04/schneiderman-double-jeopardy/558389/
Manafort is a resident of Virginia, iirc...
Yay! I'm Right!
Celebrating because I was right (my ego likes it) AND because I want Manafort to spend every day of the rest of his life never a free man again!
So either state can go after him? Possibly a few others?Manafort is a resident of Virginia, iirc...
Furthermore, if the same act be a violation of both a state and a federal statute, a prosecution under the federal statute shall be a bar to a prosecution under the state statute.
Well, I suppose I can sooth myself with the fact that I do believe a few states will go after him for other charges. Much has been revealed in his trial. I might be wrong but I believe Mueller is handling this in such a way that guilty people will be held accountable if only for crimes other than what he can pin on them.Yes, but there's still that part about the statute which bars prosecution under state law when someone has already been tried in federal court. They'll have to change that statute first.
But how does that help him if a State goes after him for other crimes? There are many.Someone may have said it here. I skipped most of this thread.
But the only reason the defense rested in the Manaford trial without a spoken word to defend Manaford was obvious.
That Donald Trump HAS ALREADY promised to pardon.
There is no other explanation.
Donald Trump, or someone speaking for Trump sent the word to Manaford that he would indeed be pardoned by Donald Trump.
And probably just after also firing Mueller.
THEN, and how this works, Trump people like Rudy Giuliani can then redefine the crime, deny a crime was committed, retry the trial, draw up their own conclusions. Deed done.
Rudy Giuliani can redefine everything from the arrest thru the verdict. Basically, nullifying everything that involves Paul Manaford.
Re-try the case. rewrite the verdict.
And no one will dare challenge any of this.
Alright, alright, alright, I hear ya.Guys, almost every state has a statute which precludes double prosecution. So even though it's allowable under the Constitution, it isn't allowable under state law. Quoting directly from Virginia's double jeopardy statute which I linked above.
Most states have similar statutes. Virginia:
https://law.lis.virginia.gov/vacode/title19.2/chapter17/section19.2-294/
Nope. I think that's wrong.
I'm certainly no legal expert by any stretch of the imagination but this is what I thought was possible.It is wrong..
1. Double Jeopardy only applies to the same crime. Think Michael Slager, the cop that killed Walter Scott. Slager was charged with murder (state) after a video surfaced which showed him shooting Scott from behind while Scott was fleeing, and which contradicted his police report.
In June 2015, a South Carolina grand jury indicted Slager on a charge of murder. He was released on bond in January 2016. In late 2016, a five-week trial ended in a mistrial due to a hung jury. In May 2016, Slager was indicted on federal charges including violation of Scott's civil rights and obstruction of justice. In a May 2017 plea agreement, Slager pleaded guilty to federal charges of civil rights violations, and he was returned to jail pending sentencing.[4][5] In return for his guilty plea, the state's murder charges were dropped.
1 act, multiple charges.
That seems to be going the other way though. State -> Federal. It seems to be the states that say people can't be tried at the state level if they've already been tried at the federal level.It is wrong..
1. Double Jeopardy only applies to the same crime. Think Michael Slager, the cop that killed Walter Scott. Slager was charged with murder (state) after a video surfaced which showed him shooting Scott from behind while Scott was fleeing, and which contradicted his police report.
In June 2015, a South Carolina grand jury indicted Slager on a charge of murder. He was released on bond in January 2016. In late 2016, a five-week trial ended in a mistrial due to a hung jury. In May 2016, Slager was indicted on federal charges including violation of Scott's civil rights and obstruction of justice. In a May 2017 plea agreement, Slager pleaded guilty to federal charges of civil rights violations, and he was returned to jail pending sentencing.[4][5] In return for his guilty plea, the state's murder charges were dropped.
1 act, multiple charges.
Remember, he has two, I think, other FEDERAL trials already pending in other districts. He be a fool to take the stand in this trial as his testimony could be used against him in those other trials.
It's the acting as a foreign agent part.Only one trial w/ multiple charges in DC starting Sept 17, iirc.