JUST IN: Supreme Court declines to change double jeopardy rule in case with Manafort implications.
WASHINGTON — The Supreme Court declined on Monday to change the longstanding rule that says putting someone on trial more than once for the same crime does not violate the Constitution's protection against double jeopardy — a case that drew attention because of its possible implications for President Donald Trump's former campaign chairman, Paul Manafort.
The Fifth Amendment says no person shall be"twice put in jeopardy of life or limb" for the same offense. But for more than 160 years, the Supreme Court has ruled that being prosecuted once by a state and again in federal court, or the other way around, for the same crime doesn't violate the protection against double jeopardy because the states and the federal government are"separate sovereigns.
Gamble's lawyer, Louis Chaiten of Cleveland, said the nation's founders understood the protection against double jeopardy to ban any second prosecution for the same offense. Under English common law, the roots of American law, there was no"separate sovereigns" exception. A person could not be put on trial in England if already tried for the same offense in another country.
And Chaiten said Congress has made the problem worse by dramatically expanding the number and scope of federal laws in recent years, creating more duplication with state laws — something never envisioned in earlier court decisions that allowed double prosecutions.
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