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Ocelot II

(125,336 posts)
13. State and federal charges can be brought against the same person
Mon Jun 16, 2025, 12:20 PM
Monday

at the same time; one doesn't supersede the other. I don't know yet what the feds might charge him with, maybe firearm violations, but murder isn't a federal crime unless the victim is a federal official, so he will be charged (and already has been) with murder under state law. Derek Chauvin was tried in state court for George Floyd's murder and also pled guilty to a federal charge of violating Floyd's civil rights. Luigi Mangione was charged with the federal crime of stalking across state lines to commit bodily harm, as well as with the actual murder of Brian Thompson in New York state court and with other crimes in PA. Double jeopardy doesn't attach because of the dual sovereign rule - you can't be charged twice for the same offense by the same sovereign, but because the state and federal systems are separate sovereigns, you can be charged by both for a crime arising from the same act without violating double jeopardy.

Recommendations

5 members have recommended this reply (displayed in chronological order):

Expect a full pardon AStern Monday #1
Yep, he needs both federal and state charges. Bev54 Monday #2
Maybe, markodochartaigh Yesterday #28
Not on state charges, MarineCombatEngineer Yesterday #31
Minnesota can still prosecute him on State charges. Jacson6 Monday #3
What would be the point? DJT would just pardon him. malthaussen Monday #4
I really don't think Krasnov would pardon this guy. So far, except for the 1/6 assholes, Ocelot II Monday #8
There's always the "stick it to the Libs" motive. malthaussen Monday #10
Trump uses the pardon power to obtain bribes. Ocelot II Monday #12
Stipulating, for the nonce, that you're right about his self-interest... malthaussen Yesterday #25
Can't recommend your post enough Scubamatt Monday #18
Well, markodochartaigh Yesterday #30
Trump was signaling to law enforcement that it's OK to go after Black people Ocelot II Yesterday #32
Yes, the State should press ahead and only allow the feds after IbogaProject Monday #5
He is facing state charges; he's already been charged with murder under state law. Ocelot II Monday #6
Let Minnesota try him. sinkingfeeling Monday #7
It will, no question; but the feds can try him too. It's not an either-or situation. Ocelot II Monday #9
A really bad idea, that opens him to pardon, and you can't try him twice. CanonRay Monday #11
State and federal charges can be brought against the same person Ocelot II Monday #13
Thanks again Ocelot II ArizonaLib Monday #17
Charges related to his hit list are what I'd expect at federal level jmowreader Monday #19
Double jeopardy doesn't apply to separate state and federal charges. Ocelot II Monday #20
Why? Because FBI was involved? travelingthrulife Monday #14
They seem to be basing federal jurisdiction on his use of an instrumentality Ocelot II Monday #21
The state needs to (and will) proceed as if no fed charges exist. Keeping him RockRaven Monday #15
Vance Boelter is FUBAR!!! ProudMNDemocrat Monday #16
Trump definitely wants Boelter on federal charges Quanto Magnus Monday #22
See above posts. The state prosecution will continue. Ocelot II Yesterday #26
Been A Dick Donald cannot pardon him for state charges and convictions, MarineCombatEngineer Yesterday #29
Targeting elected officials proves no political agenda IronLionZion Monday #23
Question. I'm thinking Minnesota officials will want to open many phones the killer contacted. bluestarone Monday #24
No, and they couldn't if they wanted to, which they don't. Ocelot II Yesterday #27
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