Upcoming Double Jeopardy Ruling From Supreme Court May Let Paul Manafort Off The Hook, Says Judge Napolitano
9:30 AM 12/04/2018 | Politics
Nick Givas | Media And Politics Reporter
Fox News judicial analyst Andrew Napolitano said an upcoming Supreme Court decision could change the game on double jeopardy and allow former Trump campaign manager Paul Manafort to walk free.
“The framers wanted this in there because British kings would try you — you were found not guilty. They’d try you again before another jury and again before another jury. The Constitution prohibits it,†Napolitano said Tuesday on “Fox & Friends.†“The Supreme Court has looked and said it only prohibits the same government from trying you again. So if you commit a crime that is both a state and a federal crime, you can be tried twice.â€
Napolitano cited the case of an Alabama man in Gamble v. U.S. who was sentenced to one year in state prison for drug and firearm possession. He was then indicted for the same crime on a federal level, sparking a legal challenge. (RELATED: Judge Napolitano Says Trump’s Pardon Power Is ‘Absolute’ But It Won’t Matter When It Comes To Manafort)
“He says, wait a minute, the double jeopardy clause prohibits this second prosecution,†Napolitano continued. “But we now have a Supreme Court that is willing to interpret the double jeopardy clause as the framers intended it. We have [Justices] Ruth Bader Ginsburg and Clarence Thomas agreeing on this principle.â€
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https://dailycaller.com/2018/12/04/napolitano-manafort-trump-supreme-court-pardon/
