Kavanaugh may overturn a longstanding legal precedent in order to offer Trump pardon power. The case us Gamble v. United States and it may turn into the ultimate power grab by any president.
Kavanaugh mayWhy Would President Trump Be Interested in the Outcome of This Case?
The reason Gamble v. United States is generating buzz from people other than constitutional law scholars is that the separate sovereigns exception also prevents President Trump from pardoning people for state crimes. Under current Supreme Court precedent, a presidential pardon of an individual does not prevent that individual from being prosecuted for the same or similar crimes under state law. “Under the dual sovereignty doctrine,” Adam J. Adler wrote in the Yale Law Review, “as long as two offenses are defined by different jurisdictions, they cannot constitute the ‘same offense.’”The Congressional Research Service issued an August 2018 report on the potential ramifications of the case, and this report included a discussion of its possible effect on the presidential pardon power: The Gamble case may nevertheless have significant collateral legal effects … A win for Gamble could also indirectly strengthen the President’s pardon power, by precluding a state from prosecuting an already-pardoned defendant who has gone to trial on an overlapping offense.
Source: FACT CHECK: Could a Case Currently Before the Supreme Court Result in a Stronger Presidential Pardon?
L-R: Orlando Brown, Mark Turner, Robert Nordman
I got the urge last week to set up a meeting with my former USS Elliot shipmate, Orlando Brown. Orlando, or “OC” as we call him, lives near Creedmoor and so picked out a beer joint in that neck of the woods. It took me the better part of the hour to navigate my way there last night, with my T-Mobile cellphone losing its network signal in the thick woods.
When I walked in, 15 minutes late, there was OC along with another shipmate I hadn’t seen for over thirty years: Robert Nordman. I had been hoping that OC had thought to invite him, which was easy to do because he and OC live so close to each other.
We spent three hours catching up, telling sea stories, and being thankful that we’re still here to tell the tales. Rob was in very good spirits in spite of having been diagnosed with cancer earlier this year. He has always worked his ass off at whatever he does and OC and I kept him out later than he would’ve liked as he was running out of steam.
I was also struck by Rob’s mention that many of our shipmates are dealing with illnesses, many of which sound like Gulf War Illness. Some of these guys can’t even walk anymore and they’re no older than 50. I’ll have more to say on this in a future post but last night served as a kick in the pants to pursue my own Gulf War Illness issues, get what I have diagnosed, and potentially get my VA disability claim filed. Life is too short, y’all.
Anyway, I love these guys like brothers.