The U.S. Supreme Court on Monday declined to limit the ability of federal and st...
WASHINGTON - The U.S. Supreme Court on Monday declined to limit the ability of federal and state prosecutors to separately charge people for the same underlying crime, a decision with major implications for people like Paul Manafort convicted in Special Counsel Robert Mueller’s Russia probe and facing state charges as well.
Gamble challenged the federal charges against him, saying they violated his rights under the U.S. Constitution’s Fifth Amendment to be free of “double jeopardy,” the legal principle that people cannot be charged twice for the same offense. A president’s pardon power set out in the Constitution covers only federal crimes and does not apply to charges by state and local prosecutors.
Justice Clarence Thomas, a conservative known for his idiosyncratic legal views, agreed with the outcome of Gamble’s case but wrote a separate 17-page opinion expounding on his view that the court should be more willing to overturn its precedents. Addressing the concept of “stare decisis” - the principle that the court gives deference to its earlier decisions and overturns them only in limited circumstances - Thomas said the court has strayed from the Constitution.
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