Action – why you need to call about Kavanaugh today.
What has gotten the GOP so determined to ignore all common sense suggestions on dealing with sexual assault, perjury, and temperamental fitness concerns with their current SCOTUS nominee, Brett Kavanaugh, in exchange for speed? Could it be a pending case on “separate sovereigns doctrine” – a ruling that could allow Trump to freely pardon criminals from both state and federal charges? A ruling that could stop the Mueller investigation?
Minimal script: I’m calling from [zip code] and I want Senator [___] to stop worrying about Kavanaugh’s temperament issues, as the GOP doesn’t care, and open a hearing on his perjury under oath at this and earlier confirmation hearings and require that he publicly state that he would recuse himself from Gamble v. United States.
Contact your Senator:
Senator Feinstein: email DC (202) 224-3841, LA (310) 914-7300, SF (415) 393-0707, SD (619) 231-9712, Fresno (559) 485-7430
and Senator Harris: email DC (202) 224-3553, LA (213) 894-5000, SAC (916) 448-2787, Fresno (559) 497-5109, SF (415) 355-9041, SD (619) 239-3884
Other Contacts: https://hq-salsa.wiredforchange.com
Gamble v United States is about a convicted robber from Alabama named Terance Gamble, who, as a felon, lost his right to own a gun. He got caught with one in his car after a traffic stop for a broken taillight and was charged under both state and federal laws, which extended his prison sentence. He has repeatedly appealed, arguing that the dual convictions violate the double-jeopardy clause.
Orrin Hatch (R-UT), a member of the Senate Judiciary Committee, filed a 44-page amicus brief earlier this month on this, because he is mightily concerned about Terance and over-federalization and that now would be an excellent time to put the 200 year old dual-sovereignty doctrine to rest.
Legal observers explain that the dual-sovereignty doctrine acts as a check on President Donald Trump’s power. State laws discourage him from shutting down the Mueller investigation or pardoning anyone else being investigated, because the pardon wouldn’t be applied to their charges. If, for example, Trump were to pardon his former campaign chairman Paul Manafort for his convictions last month in federal court on eight counts of tax and bank fraud—both New York and Virginia state prosecutors could still charge him for any crimes that violated their respective laws under current law. States can bring charges for crimes even after a federal pardon,” explained Elie Honig, a former assistant U.S. attorney in New Jersey. “If Hatch gets his way, however, a federal pardon would essentially block a subsequent state-level prosecution.” (atlantic)
Some legal analysts say that the implications of the case may not necessarily allow our president to run completely wild, but that depends on exactly how SCOTUS defines “offenses against the United States”. If Kavanaugh gains a seat, with his history of siding with corporate interests over public ones, and his belief that presidents should be unfettered by criminal prosecution while in office, we can be sure that any decision will be a victory for Trump.