While we're waiting on Cohen's plea, if he pleads to taxi medallion charges and Trump pardons, does that fall into NYS's double jeopardy carve out or no, since no jury is involved?
@jedshug @AshaRangappa_
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No, that's a "separate sovereigns" case seeking to throw out the entire idea of serial state/fed charges for the same conduct.http://www.scotusblog.com/case-files/cases/gamble-v-united-states/ …
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If Gamble won it would preclude state charges for Cohen on the same conduct though, in NY or any state.
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but, isn't Gamble about barring Federal prosecution of an already decided State case? Wouldn't a separate ruling/ distinction be needed on the reverse?
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If "separate sovereigns" is tossed it is tossed both ways. Well established that the double jeopardy clause is incorporated against the states. See e.g. this per curiam benchslap from SCOTUS https://www.supremecourt.gov/opinions/13pdf/13-5967_7m5e.pdf …
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thanks. Ur further indulgence, isn't that primarily *when* jeopardy attaches. "..critically, the court told the State that it could “move to dismiss..”" "Had the State accepted that invitation, the Double Jeopardy Clause would not have barred it from recharging Martinez."
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Sure, it's just an example that DJ applies to state proceedings. If dual sovereigns is tossed, then acceptance of the guilty plea or imposition of the sentence (as I said above: circuit split on which) means no more charges anywhere.
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ahh, thanks again. It seems too wierdly fitting that what began with a broken taillight may so impact the nation's sovereignty.
End of conversation
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