Making crimes at both the federal and state levels pardonable. Orin Hatch is behind it.
The results of Gable vs U.S., No 17-646 would allow a sitting President to overturn either a federal or a state criminal conviction, making crimes at both the federal and state levels pardonable. This explains the desperate rush to confirm Brett Kavanaugh.
Invaluable insight from BobinMinnesota – commenting on a Washington Post opinion piece by Jennifer Rubin:
“There’s an important SCOTUS decision to be made next month. It’s called Gamble vs. US. If it gets overturned, it will get Trump and all the cronies with the NRA, McConnell, Rubio, Ryan, Don Jr., Cohen exempt from state prosecution. Orrin Hatch is behind it.
“The case has been analyzed in the context of the Special Counsel investigation into the Trump campaign; if the separate sovereigns doctrine is overturned, a pardon of federal charges from Donald Trump may prevent state prosecution. United States Senator Orrin Hatch filed an amicus brief in the case, arguing against the separate sovereigns doctrine; a spokesperson for him denied any relation of the brief to the investigation, saying that Hatch wants the doctrine to be overturned due to “the rapid expansion of both the scope and substance of modern federal criminal law.”
From Ann of Green Pastures in the same thread:
“This might indicate, at least partially, the long-winded praise fest that Hatch threw in Kav’s behalf at Thursday’s hearing. Building up a wealth of good-will credits in anticipation of Kav’s support of the amicus brief that Hatch filed in Gamble vs. United States. In simpler terms, it’s called feathering one’s nest.
“On the other hand, at one of Trump’s round-table praise sessions for himself, Hatch opined that Trump is probably the greatest president in American history. This is a gagger if there ever was one. So, what we are experiencing is loaded sycophancy coupled with opportunistic psychobabble aimed at obtaining SCOTUS approval of the hamstringing of laws prohibiting double jeopardy. As I’ve said before, bought and paid for.”
And from Russell Grand II of the Daily Kos:
“It’s a given that, with Kav seated as the fifth partisan Republican judge on the Supreme Court, he will be the deciding vote to overturn the separation sovereignty exception, thus giving Trump and the GOP a get-out-of-jail card. This is terrifying, infuriating, sickening and will ultimately be the very death of American democracy. With this kind of power, the Republican party will forever be unstoppable.”