Mary Moriarty: Hennepin Co. has substantial evidence to decide on charges

[media=https://www.youtube.com/watch?v=4HN7f2zO3ZU]

Hennepin County Attorney Mary Moriarty joins MS NOW's Lawrence O'Donnell as Minnesota presses forward with its own investigation into the fatal shootings of Alex Pretti and Renee Good. Moriarty says she disagrees with the Trump Justice Department's assertion that state prosecutors lack authority to file charges against the federal agents who killed two U.S. citizens.

This page is a permanent link to the reply below and its nested replies. See all post replies »

MoveAlong · 70-79, M

As I see it the only way these guys get off scot free is if they are indicted by Federal Prosecutors, tried in Federal Court, are found guilty and trump pardons them. Or if they are found not guilty The State could not try them because of double jeopard laws.

Now, if they are not indicted or are indicted and trump pardons them before they are tried then they could be tried in State Court because they would not be in double jeopard since they never were tried.

Is that right? I am not a legal expert by any means.

KunsanVeteran · M

@MoveAlong Per AI, but I think it’s a solid answer:

“ Key Exceptions:
Dual Sovereignty: Different government entities (like a state and the federal government, or two different states) can prosecute the same act if it violates both jurisdictions' laws.

Separate Offenses: You can be charged with multiple crimes arising from one incident if each crime requires proving different elements (e.g., bank robbery and assault).

Mistrials: If a trial ends in a mistrial (e.g., a hung jury, juror misconduct), a retrial is usually allowed because jeopardy hasn't terminated with a final verdict.

Appeals: If a defendant appeals a conviction and wins, a retrial might be permitted unless the appeals court found the original evidence insufficient.

Civil vs. Criminal: A person acquitted in criminal court can still face a civil lawsuit (e.g., for damages) for the same actions.

Administrative/Civil Penalties: Punishments that are civil or administrative in nature (like certain fines or professional licenses) usually don't trigger double jeopardy.

Jeopardy Doesn't Attach: If charges are dropped before the jury is sworn in or testimony begins, jeopardy hasn't attached, and you can be recharged. ”

KunsanVeteran · M

I think, too, that the clearly false, defamatory, prejudicial statements made by Trump, Noem, and Bovino as well as statements by his DO(in)J along those lines as well are a solid argument why the federal government should not be permitted to hold this trial; nor should they be permitted to interfere with Minnesota trying the case. The tRUMP misadministration is clearly tainted, have interfered with the investigation, very likely hidden evidence…. So much so that I believe they should face charges as accessories and/or co-conspirators.