this post was submitted on 27 Jun 2023
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Politics
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I don’t believe you can try someone twice if they’re found not guilty.
Yep. Jeopardy refers to the danger of conviction, and the understanding is that the point when the 5th attaches is when a jury is sworn or the first witness is heard. In mistrial, the fifth does not attach so long as there is minimum delay between juries and the prosecutor has not had enough time to strengthen their case.
If the federal government wants to disqualify Judge Cannon, they must do so before this moment of attachment. Because if there is judicial misconduct the case can be halted but there's no way that the disqualification process would satisfy minimum disruption, and thus Trump would be found not-guilty on a technicality with no possible way to bring back the Federal charges he faces.
"Only break one law at a time." If you're going to drink underage, don't drive. If you've got a defective tail light, don't speed.
So even if this case (willful retention of documents and obstruction to their return) is tossed. They could use the same case and now prosecute for Treason (sharing/selling documents). He'd be lucky to get convicted on the first set of charges to avoid the second.