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Upcoming Supreme Court decision
One precedent at risk concerns the Constitution’s double jeopardy clause, which forbids subsequent prosecutions for the same crimes. The Supreme Court has made one exception, saying that the federal government and the states are independent sovereigns, meaning that the same conduct can be prosecuted separately in state and federal courts.
In 2016, Justice Ruth Bader Ginsburg, joined by Justice Clarence Thomas, called for a fresh look at whether the exception makes sense. “The matter warrants attention in a future case in which a defendant faces successive prosecutions by parts of the whole U.S.A.,” she wrote.
The court will consider the question in Gamble v. United States, No. 17-646.
Its answer may have implications for the legal problems faced by associates of Mr. Trump. Should he pardon them for federal crimes, a Supreme Court ruling narrowing the definition of double jeopardy could complicate attempts by state prosecutors to pursue parallel charges.
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