In “Our not-so Supreme Court,” Oct. 10, Mr. Beem claims the “nefarious” reason Republicans wanted Justice Kavanaugh confirmed is to help decide Gamble v. United States, so that Trump could pardon “all the criminals in his campaign and administration, without having to worry that state courts would try them separately.” Mr. Beem’s cynical description of Gamble is characteristically irresponsible and wrong.

During a traffic stop, police discovered Gamble had a firearm, a crime for a felon. While Alabama was prosecuting Gamble federal authorities also brought charges. His defense was the constitutional protection against double jeopardy; he’d already been prosecuted in Alabama. The federal court allowed the prosecution because of the “dual sovereignty” exception.

Importantly, the Gamble case has nothing to do with the effects of executive clemency, federal or state. Contrary to Mr. Beem’s odd theory, Gamble will not affect the Mueller probe. See Kanfield and Shugerman, “Why the Big Double Jeopardy Supreme Court Case Isn’t a Threat to the Mueller Probe,“ Slate Oct. 4, 2018.

Among those filing briefs in Gamble’s favor are the ACLU Foundation, criminal defense attorneys, military attorneys, and four distinguished law professors who, unlike Mr. Beem, are familiar with the historical errors underlying the dual sovereignty rule. It originated before the Civil War to prevent free states from blocking the recapture of fugitive slaves and in cases preventing local “wet” states from nullifying the Volstead Act (prohibition, Mr. Beem). Doubtless, in Mr. Beem’s fevered mind, Gamble’s distinguished supporters are also “political hacks” in league with President Trump.

Brian Dench

Portland


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