NPR

This Supreme Court Case Could Impact The Mueller Probe And Boost Trump's Pardon Power

A case of a man tried twice for the same gun charge by the federal government and the state of Alabama could have ramifications for the Mueller investigation into the Trump campaign and Russia.
Former FBI Director Robert Mueller III, pictured in 2013 during a forum in in New York.

The Double Jeopardy Clause of the Constitution says someone can't be prosecuted twice for the same crime.

But, in fact, for 160 years, the Supreme Court has said that separate sovereigns — state and federal governments — can do just that, because each sovereign government has separate laws and interests.

Now, the Supreme Court could be ready to reverse that long-standing rule — and that could have consequences for the ongoing investigation of President Trump and his associates led by special counsel Robert Mueller and their ties to Russia.

Indeed, a decision barring such dual prosecutions could allow some of those already convicted in the Mueller probe to get off scot-free if President Trump were to pardon

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