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SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity

Constitutional Law Reporter

Georgia , 601 U.S. _ (2024), the U.S. The justices unanimously held that the jury’s verdict that Damian McElrath was not guilty of malice murder by reason of insanity constituted an acquittal for double jeopardy purposes notwithstanding any inconsistency with the jury’s other verdicts. In McElrath v.

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The Neutron Prosecutor: How Special Counsel Hur May Prove the Ultimate Punchline in Washington

JonathanTurley

I have long disagreed with the Justice Department policy as without foundation in the Constitution. There is no question that the best course in dealing with a felonious president is to first remove the president from office through the impeachment process and then indict the former president in the wake of the Senate conviction.

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No, an indictment wouldn’t end Trump’s run for the presidency – he could even campaign or serve from a jail cell

LLRX

Donald Trump announced his 2024 run for the presidency on Nov. Stefanie Lindquist Foundation Professor of Law and Political Science, Arizona State University, answers critical questions including: does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office?

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The Cost of Bravado: Why Trump Defense to the Audiotape Could Come at a Cost

JonathanTurley

Some Republican presidential candidates have stated already that they will (or would consider) pardons for Trump if they are elected in 2024. Trump also knows that while he cannot afford to lose one felony count, Smith cannot afford to lose one juror.

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Biden’s Break-The-Glass Option: Pardon Hunter and Withdraw from the 2024 Election

JonathanTurley

That is not even including potential felony charges for the original gun violation , money laundering, or other crimes. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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A Party of Short Sellers: Why Democrats Need to Re-Think Hunter’s Contempt

JonathanTurley

That alone will be an historic moment for Congress to declare that the son of a sitting president may have committed a federal felony. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.