A New York State Judge has dropped Paul Manafort’s State charges, citing double jeopardy. This decision is subject to appeal, but if Manafort prevails, it would clear the way for a Federal pardon. Because this appeal involves a Federal constitutional issue, any resolution at the State level would be subject to consideration by the United States Supreme Court.
I support this decision. Double jeopardy is double jeopardy, regardless of whatever the motivation is for engaging in it.
What about dual sovereignty?
Perhaps I’m misreading that article (or perhaps the article is wrong) but it appears the judge dropped the charges based on New York statutory law, not the Constitution.
Dual sovereignty is a travesty and violates the intent of double jeopardy.
We need an amendment to abolish it.
That is correct from reading the article. Good for NY for filling in the failure of federal judges in deciding that double jeopardy is just fine if its the state and the Feds.
I have not had a chance to locate or read the actual judicial decision yet. Still the end result is correct, regardless of how he got there.
https://www.documentcloud.org/documents/6584653-Decision-and-Order-12-18-19.html#document/p1
Order of the New York Supreme Court for New York County by Justice Maxwell Wiley.
For those of you unaware, the New York Supreme Court is NOT the “supreme” court of New York. It is a trial court of general jurisdiction with an appellate division. The “supreme” court of New York is the New York Court of Appeals. Any appeal of today’s decision would go first to the appellate division of the Supreme Court, then to the Court of Appeals. As I have now determined, this case cites purely State law, so there is no appeal possible to the United States Supreme Court.
I think the State will certainly appeal, so this matter is far from concluded.
