Supreme Court weighs 'double jeopardy' dispute




  • In US
  • 2018-12-06 17:08:48Z
  • By By Lawrence Hurley
The exterior of the U.
The exterior of the U.  

By Lawrence Hurley

WASHINGTON (Reuters) - U.S. Supreme Court justices on Thursday expressed skepticism about putting limits on criminal charges being brought against people for the same offenses by both federal and state prosecutors in a case involving an Alabama man charged with illegally possessing a gun.

Depending on how the court rules, the case that could have implications for Special Counsel Robert Mueller's investigation into potential collusion between Russia and President Donald Trump's 2016 election campaign.

The court appeared divided on non-ideological lines, but a majority seemed concerned about the practical implications of overturning longstanding precedent allowing for parallel state and federal prosecutions.

Some of the justices, including conservative Trump appointee Neil Gorsuch and liberal Ruth Bader Ginsburg, appeared more worried about vindicating the individual rights of defendants.

Trump's other appointee to the nine-justice court, conservative Brett Kavanaugh, questioned whether there were strong enough arguments to justify ending the practice, saying that the lawyers for defendant Terance Gamble would have to show the precedent is "grievously wrong."

"Given the uncertainty over the history, can you clear that bar?" he asked Gamble's lawyer, Louis Chaiten.

The appeal brought by Gamble has no direct impact on the Mueller investigation but depending on how the court rules it could limit the ability of states to bring charges against anyone charged by Mueller who Trump might pardon.

Gamble, 29, was prosecuted in Alabama for possessing marijuana and for being a convicted felon in possession of a firearm after the vehicle he was driving in Mobile was stopped by police in 2015.

While those charges were pending, the federal government charged Gamble under a U.S. law that criminalizes the possession of a firearm by a felon.

Gamble challenged the federal prosecution, saying it violated his rights under the Fifth Amendment of the U.S. Constitution to be free of "double jeopardy," which is the legal principle that people cannot be charged twice for the same offense. A ruling is due by the end of June.


(Reporting by Lawrence Hurley; Editing by Tom Brown)

COMMENTS

More Related News

Google CEO Had To Explain To Congress Why Googling 'Idiot' Shows Donald Trump
Google CEO Had To Explain To Congress Why Googling 'Idiot' Shows Donald Trump

Search for the term "idiot" on Google and several photographs of President

Trump says would intervene in arrest of Chinese executive
Trump says would intervene in arrest of Chinese executive

U.S. President Donald Trump said on Tuesday he would intervene with the U.S. Justice Department in the case against a Chinese telecommunications executive if it would help secure a trade deal with Beijing. "If I think it's good for the country, if I think it's good for what will be certainly the

AP: Ivanka, Kushner could profit from tax break they pushed
AP: Ivanka, Kushner could profit from tax break they pushed

At an Oval Office gathering earlier this year, President Donald Trump began touting his administration's new real estate investment program, which offers massive tax breaks to developers who invest in downtrodden American communities. "Ivanka, would you like to say something?" Trump asked

California judge orders porn star to pay Trump legal fees
California judge orders porn star to pay Trump legal fees

LOS ANGELES (AP) - Porn star Stormy Daniels must pay President Donald Trump nearly $293,000 for his attorneys' fees and another $1,000 in sanctions after her defamation suit against him was dismissed, a federal judge in Los Angeles ordered Tuesday.

Flynn to make arguments against prison time in Russia probe
Flynn to make arguments against prison time in Russia probe

WASHINGTON (AP) - Lawyers for Michael Flynn, President Donald Trump's former national security adviser, are poised to ask a judge to spare him prison time in a sentencing memorandum due by the end of Tuesday.

Leave a Comment

Your email address will not be published. Required fields are marked with *

Cancel reply

Comments

Top News: US

facebook
Hit "Like"
Don't miss any important news
Thanks, you don't need to show me this anymore.