The Supreme Court is upholding a constitutional rule that allows state and federal governments to prosecute someone for the same crime.
The court's 7-2 decision Monday preserves a long-standing rule that provides an exception to the Constitution's ban on trying someone twice for the same offense. The case had been closely watched because a ruling for the defendant in this case might have made it harder for states to pursue criminal charges against defendants in the Russia investigation in the event they are pardoned by President Donald Trump.
The court ruled against federal prison inmate Terance Gamble . He was prosecuted by Alabama and the federal government for having a gun after an earlier conviction for robbery.
Justice Samuel Alito wrote in his majority opinion that 170 years of precedent supports the idea that "a state may prosecute a defendant under state law even if the federal government has prosecuted him for the same conduct under a federal statute."
New York authorities already have indicted Paul Manafort , Trump's former campaign chairman.
Manafort has been sentenced to more than 7 years on federal conspiracy and fraud convictions. He also has been charged with mortgage fraud and other crimes in New York. Trump could pardon him for his federal convictions, but Manafort still would have to answer to the state charges by the Manhattan district attorney's office. The president's pardon power doesn't extend to state charges.
Had the justices ruled the other way, it might have called into question the ability to prosecute Manafort on the state level.
The case decided Monday drew the court's attention after Justices Ruth Bader Ginsburg and Clarence Thomas wrote in 2016 that the exception to protection from double jeopardy should be reconsidered.
But during arguments in December, several justices worried about the practical effects of ruling for Gamble. Justice Stephen Breyer pointed to federal prosecutions for crimes of racial violence and domestic violence against Native American women that could be imperiled if Gamble prevailed.
Ginsburg dissented from Monday's ruling, which she called "adherence to that misguided doctrine." In a separate dissent, Justice Neil Gorsuch wrote, "A free society does not allow its government to try the same individual for the same crime until it's happy with the result."
In the end, Thomas parted ways with Ginsburg. He noted in a 17-page opinion that "the historical record does not bear out my initial skepticism." Thomas spent the bulk of his opinion making the case for less fidelity to Supreme Court precedents. "When faced with a demonstrably erroneous precedent, my rule is simple: We should not follow it," wrote the justice who is the most likely to encourage his colleagues to overrule earlier high court decisions.
WASHINGTON (AP) — Israel this week briefed Biden administration officials on a plan to evacuate Palestinian civilians ahead of a potential operation in the southern Gaza city of Rafah aimed at rooting out Hamas militants, according to U.S. officials familiar with the talks.
The officials, who were not authorized to comment publicly and requested anonymity to speak about the sensitive exchange, said that the plan detailed by the Israelis did not change the U.S. administration’s view that moving forward with an operation in Rafah would put too many innocent Palestinian civilians at risk.
Israeli Prime Minister Benjamin Netanyahu has vowed to carry out a military operation in Rafah despite warnings from President Joe Biden and other western officials that doing so would result in more civilian deaths and worsen an already dire humanitarian crisis.
The Biden administration has said there could be consequences for Israel should it move forward with the operation without a credible plan to safeguard civilians.
“Absent such a plan, we can’t support a major military operation going into Rafah because the damage it would do is beyond what’s acceptable,” U.S. Secretary of State Antony Blinken said late Friday at the Sedona Forum, an event in Arizona hosted by the McCain Institute.
Some 1.5 million Palestinians have sheltered in the southern Gaza city as the territory has been ravaged by the war that began on Oct. 7 after Hamas militants attacked Israel, killing 1,200 people and taking about 250 hostages.
The United Nations humanitarian aid agency on Friday said that hundreds of thousands of people would be “at imminent risk of death” if Israel moves forward with the Rafah assault. The border city is a critical entry point for humanitarian aid and is filled with displaced Palestinians, many in densely packed tent camps.
The officials added that the evacuation plan that the Israelis briefed was not finalized and both sides agreed to keep discussing the matter.
White House press secretary Karine Jean-Pierre told reporters on Friday that no “comprehensive” plan for a potential Rafah operation has been revealed by the Israelis to the White House. The operation, however, has been discussed during recent calls between Biden and Netanyahu as well as during recent virtual talks with top Israeli and U.S. national security officials.
“We want to make sure that those conversations continue because it is important to protect those Palestinian lives — those innocent lives,” Jean-Pierre said.
The revelation of Israel's continued push to carry out a Rafah operation came as CIA director William Burns arrived Friday in Egypt, where negotiators are trying to seal a cease-fire accord between Israel and Hamas.
Hamas is considering the latest proposal for a cease-fire and hostage release put forward by U.S., Egyptian and Qatari mediators, who are looking to avert the Rafah operation.
They have publicly pressed Hamas to accept the terms of the deal that would lead to an extended cease-fire and an exchange of Israeli hostages taken captive on Oct. 7 and Palestinian prisoners in Israeli jails.
Hamas has said it will send a delegation to Cairo in the coming days for further discussions on the offer, though it has not specified when.
Israel, and its allies, have sought to increase pressure on Hamas on the hostage negotiation. Signaling that Israel continues to move forward with its planning for a Rafah operation could be a tactic to nudge the militants to finalize the deal.
Netanyahu said earlier this week that Israeli forces would enter Rafah, which Israel says is Hamas’ last stronghold, regardless of whether a truce-for-hostages deal is struck. His comments appeared to be meant to appease his nationalist governing partners, and it was not clear whether they would have any bearing on any emerging deal with Hamas.
Blinken visited the region, including Israel, this week and called the latest proposal “extraordinarily generous” and said “the time to act is now.”
In Arizona on Friday, Blinken repeated remarks he made earlier this week that "the only thing standing between the people of Gaza and a cease-fire is Hamas.”
The Chahine family prepares to bury two adults and five boys and girls under the age of 16 after an overnight Israeli strike in Rafah, southern Gaza Strip, Friday, May 3, 2024. An Israeli strike on the city of Rafah on the southern edge of the Gaza Strip killed several people, including children, hospital officials said Friday. (AP Photo/Ismael Abu Dayyah)
FILE - Palestinians line up for free food during the ongoing Israeli air and ground offensive on the Gaza Strip in Rafah, Jan. 9, 2024. A top U.N. official said Friday, May 3, 2024, that hard-hit northern Gaza was now in “full-blown famine" after more than six months of war between Israel and Hamas and severe Israeli restrictions on food deliveries to the Palestinian territory. (AP Photo/Hatem Ali, File)
Palestinians rescue a woman survived after the Israeli bombardment on a residential building of Abu Alenan family in Rafah, southern Gaza Strip, early Saturday, May 4, 2024. (AP Photo/Ismael Abu Dayyah)
President Joe Biden walks across the South Lawn of the White House as he talks with White House press secretary Karine Jean-Pierre Thursday, May 2, 2024, in Washington, after returning from a trip to North Carolina. (AP Photo/Mark Schiefelbein)
