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They won't have even decided if these are state or federal charges by the time Biden is out of office. And if he's pardoned on the federal charges, the state can still charge him
I think he's going to get state charges for murder, that would be the normal thing.
There is an open legal question about what happens if he has done something that could be a crime under both federal and state, because double jeopardy says he can't be tried twice for the same crime. So if the feds brought charges and then he got pardoned, I don't think the state can bring relatively identical charges, but apparently this is a question that legal scholars don't know the answer to, and it would probably end up going to the appeals court if it were to happen.
Of course it's not going to happen because Biden likes those rich assholes and the timing doesn't really make sense anyway.
It's not double jeopardy to be tried for the same crime in two jurisdictions.
Read about Dual Sovereignty: https://en.wikipedia.org/wiki/Double_Jeopardy_Clause#Dual_sovereignty_doctrine
Basically, the Federal government and State government(s) are different Sovereign entities, both can charge for the same crime, and hold separate trials. "No Double Jeopardy" clause doesn't apply here. Even if Luigi were acquitted/pardoned by either the Federal or State government, the other can still try the case for the same crime. It's already an established legal precedent.
good point about the separation of federal and state charges.
oh well, that's how far that wishful thinking goes.
Unless I’m missing something, the charges have already been made and he’s given his plea. It’s federal charges (terrorism) and it’s my understanding that the state couldn’t then charge him over the same crime, only other crimes that were significantly different.
Google "Dual Sovereignty"
(Edit: Wikipedia article here: https://en.wikipedia.org/wiki/Double_Jeopardy_Clause#Dual_sovereignty_doctrine)
Even if he gets acquitted/pardoned in either the state or federal, the other can still try the case.
It's both state and federal charges; the terrorism charge is a state one
I'm basing this 0on the video of his lawyer yesterday, saying that the state and feds are fighting over him like a football. Maybe it's been resolved since then.