WASHINGTON — The Constitution says you can’t be tried twice for the same offense. And yet Terance Gamble is sitting in prison today because he was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.
The Supreme Court is considering Gamble’s case Thursday. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.
At issue is whether to overturn a court-created exception to the Constitution’s double-jeopardy bar that allows state and federal prosecutions for the same crime. The court’s ruling could be relevant if President Donald Trump were to pardon someone implicated in special counsel Robert Mueller’s probe and a state wanted to prosecute that person.
But Trump’s Justice Department wants the court to reject Gamble’s challenge.