After President Trump pardoned Dinesh D’Souza , the New York Attorney General Barbara Underwood tweeted that prosecutors should be allowed to retry people who have been previously pardoned and punished for crimes…at lesat the ones that Trump has pardoned. In essence, she advocated pulling the Double Jeopardy clause out of the Fifth Amendment of the US Constitution.
First it was Sheriff Joe Arpaio.
Then it was Scooter Libby.
We can’t afford to wait to see who will be next. Lawmakers must act now to close New York’s double jeopardy loophole. pic.twitter.com/nF5wTUGSjf
— New York Attorney General (@NewYorkStateAG) May 31, 2018
The double jeopardy clause is not a “loophole.” And it’s Federal, not just for the State of New York. It’s an important part of the Constitution of the United States that is meant to prevent political prosecution of anyone who has already been tried for an offense. She’s supposed to be an attorney. New York AG Barbara Underwood is advocating something so aberrant and anathema to American jurisprudence it makes us wonder if she even passed her bar exam.
Cornell University writes, “The constitutional prohibition against ‘double jeopardy’ was designed to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense. . . . The underlying idea, one that is deeply ingrained in at least the Anglo–American system of jurisprudence, is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.”
A person who has been pardoned, their sentence commuted, or they’ve served their time in full cannot be re-tried for the same offense. It’s foundational. The NY AG stands for LGBTQ rights, and feminists, but she fails badly when it comes to anything resembling fairness. Underwood wants to re-try political prisoners because she doesn’t agree with them. She’s a disgrace.
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