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emptywheel's profile
emptywheel
emptywheel
emptywheel
@emptywheel

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emptywheel

@emptywheel

Abundant tweets about civil liberties & national security. "Has a longer memory than an elephant & keeps more records than Jim Comey.” Legendary potty mouth.

Grand Rapids, MI
emptywheel.net
Joined August 2008

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    1. emptywheel‏ @emptywheel Aug 21

      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_

      15 replies 20 retweets 87 likes
    2. Peter H‏ @Peter_Hurley_ Aug 21
      Replying to @emptywheel @jedshug @AshaRangappa_

      There's a circuit split on the question of when jeopardy attaches: some (including 2nd) say when the court accepts the plea. Others say once the sentence is handed down. https://www.fd.org/news/courts-split-about-when-double-jeopardy-attaches-after-guilty-plea …

      1 reply 0 retweets 0 likes
      emptywheel‏ @emptywheel Aug 21
      Replying to @Peter_Hurley_ @jedshug @AshaRangappa_

      This is the one headed to SCOTUS?

      12:17 PM - 21 Aug 2018
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Peter H‏ @Peter_Hurley_ Aug 21
          Replying to @emptywheel @jedshug @AshaRangappa_

          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/ …

          1 reply 0 retweets 2 likes
        3. Peter H‏ @Peter_Hurley_ Aug 21
          Replying to @Peter_Hurley_ @emptywheel and

          If Gamble won it would preclude state charges for Cohen on the same conduct though, in NY or any state.

          1 reply 0 retweets 0 likes
        4. raw bylaw‏ @rawbylaw Aug 21
          Replying to @Peter_Hurley_ @emptywheel and

          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?

          1 reply 0 retweets 0 likes
        5. Peter H‏ @Peter_Hurley_ Aug 21
          Replying to @rawbylaw @emptywheel and

          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 …

          1 reply 0 retweets 0 likes
        6. raw bylaw‏ @rawbylaw Aug 21
          Replying to @Peter_Hurley_ @emptywheel and

          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."

          1 reply 0 retweets 1 like
        7. Peter H‏ @Peter_Hurley_ Aug 21
          Replying to @rawbylaw @emptywheel and

          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.

          1 reply 0 retweets 0 likes
        8. raw bylaw‏ @rawbylaw Aug 21
          Replying to @Peter_Hurley_ @emptywheel and

          ahh, thanks again. It seems too wierdly fitting that what began with a broken taillight may so impact the nation's sovereignty.

          0 replies 0 retweets 0 likes
        9. End of conversation

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