Thread by @lauferlaw

Phenomenal decision out of SCOTUS upholding the separate sovereigns doctrine. No double jeopardy attaches to federal then subsequent state prosecution. Justice Alito wrote the majority opinion. @thespybrief @counterchekist @LouiseMensch @ericgarland

supremecourt.gov/opinions/18pdf…

To further clarify, this ruling upholds over a century and a half of jurisprudence known as the Separate Sovereigns doctrine. If a crime is committed which violates both state and federal law, both sovereigns - state and federal can prosecute w/o double jeopardy attaching. /1

Under the law, you are not allowed to be tried twice for the same crime. Fed cannot try you twice if a jury finds you not guilty. Same with State. If they attempted to, that would violate 5th amendment protections against being tried for the same crime twice - double /2

jeopardy. This ruling means that trying someone for the same crime under both federal and state law does not violate the 5th amendment or double jeopardy b/c they’re both separate governments, hence separate sovereigns. To apply double jeopardy here would mean whoever tried /3

the accused first would determine guilt or innocence first and would violate states rights b/c federal preemption would most likely apply even though a crime was committed against “the people” of the State. This also has the added benefit of further nullifying Trump’s ability /4

to pardon since it wouldn’t stop a state AG or municipality from prosecuting, whoever was pardoned federally, under state law. I still adhere to the belief that Trump can’t pardon co-conspirators but if he were able, they wouldn’t be able to assert their 5th amend right /5

against self incrimination b/c they’ve already pleaded guilty by accepting the federal pardon. Yes, when you accept a pardon, you’re pleading guilty to the underlying crime being pardoned. Overall, this is horrible news for Trump and amazing news for our Republic, Patriots. /end