Why Trump wants Kavanaugh on the Supreme Court
Paul Rosenzweig is a former senior counsel on the Whitewater investigation who serves as a senior fellow at the conservative R Street Institute. He thinks Hatch’s brief is “wrong substantively.”
He goes on to say that “if over-federalization of crime is a problem, we should stop over-federalization.” He also points out that Hatch wants to end federalism.
“It is at least plausible that if the Court gets rid of the [doctrine], it would mean that an acquittal in state court would prevent a second trial in federal court and vice versa,” Rosenzweig told the Atlantic. But he notes that Trump’s pardon powers are “explicitly limited in the text of the Constitution to pardons for ‘offenses against the United States.”‘
And this is where an interpretation of the doctrine could really muddy the waters for years to come. Rosenzweig explains that if the doctrine is interpreted to mean “federal criminal offenses specifically,” then a pardon by Trump would not protect his associate against state charges.
“Overall one thing is clear,” Rosenzweig said. “A result overturning 200 years of dual sovereignty would very much muddy the waters.”