Supreme Court May Have Guaranteed Trump Will Be Prosecuted by New York State
The “Conservative” Robert’s court isn’t helping Donald Trump as expected with its latest rulings.
By James DiGeorgia
There were two decision handed down by the U.S. Supreme Court in last few days that are not going to help President get re-elected or stop his prosecution by local or state governments if he is indicted, especially in New York.
Both decisions made by the U.S. Supreme Court were released on Monday. The first decision may reflect efforts to overturn gerrymandering rulings in Michigan, Maryland, and Wisconsin may be futile, although the court sidestepped the direct question of gerrymandering.
In a 5-4 decision, sidestepped a ruling on the merits of the case brought by Republican legislators in Virginia because they lacked the necessary legal standing to appeal a lower court ruling that had invalidated 11 state House districts for racial discrimination because they weakened the clout of black voters in violation of the U.S. Constitution.
Democrat Attorney General Mark Herring, Virginia’s top law enforcement official, opposed the appeal and argued that the Republican legislators were not entitled to act on behalf of the state in the case. A new political map is being used for this year’s state elections.
The Supreme Court’s decision let stand a 2018 ruling by a federal three-judge panel that the 11 districts all violated the rights of black voters to equal protection under the law under the U.S. Constitution’s 14th Amendment. Herring wrote on Twitter…
“Virginia’s elections this fall will take place in fair, constitutional districts. It’s a good day for democracy in Virginia,”
The second decision released on Monday was the affirmation of a 170-year-old exception to the Constitution’s double-jeopardy clause that will leave the door open for state prosecutors to prosecute Trump campaign officials regardless of whether federal officials have already done so.
The case, Gamble v. the United States, had been closely watched because if it had gone the other way, it could have impacted the Special Counsel Robert Mueller’s federal prosecutions on Russian interference in the 2016 election.
According to National Law Journal reports if the case’ focused on “dual sovereignty doctrine” had been repealed; states would not be able to pursue investigations parallel to the federal government. State prosecutors in New York have brought charges against former Trump campaign chairman Paul Manafort Jr., who was sentenced to seven and a half years in prison if President Trump pardons him. Manafort is now being held by New York State at the notorious Rikers Island jail awaiting trial.
Writing for the 7-2 majority, Justice Samuel Alito Jr. wrote that the separate sovereigns’ exception “honors the substantive differences between the interests that two sovereigns can have in punishing the same act.” This is a bombshell decision for Donald Trump because of the current criminal investigations underway in New York State into his businesses and now closed the troubled Trump Foundation.