Rough news for Paul Manafort
The Supreme Court didn’t enhance the president’s power to pardon beyond federal offenses. Photo: Mark Wilson/Getty Images If you’re worried about President Trump issuing a plenary get-out-of-jail-free card via a pardon from federal crimes, you’ll be pleased by a 7-2 Supreme Court decision today that left in place a doctrine that allows states to prosecute malefactors under their own laws, even if the same offenses have already been dealt with in federal court.
Alito compared the federal government and the states to the United States and foreign governments for purposes of defending the “dual sovereignty” exception: Justice Ruth Bader Ginsburg, who called for a review of the “dual sovereignty” exception, dissented, as did Justice Neil Gorsuch, who said it unjustifiably undermined the “fundamental fairness” of the double-jeopardy prohibition.
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