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To: 4ConservativeJustices
A prohibition that congress could easily remove, as has been pointed out to you on numerous occasions.

But Congress did not. And until they did then the double jeopardy considerations remained. As has been pointed out to you on numerous occasions.

1,205 posted on 01/16/2005 4:20:12 AM PST by Non-Sequitur
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To: Non-Sequitur; 4ConservativeJustices
In November 1868, a nolle prosequi [unwilling to prosecute] was entered in the case of Jefferson Davis, and he was released from custody. No jeopardy attaches to this action, and it does not bar future prosecution.

In a proclamation dated December 25, 1868 (15 Stat. 711), President Johnson proclaimed and declared:

* * * unconditionally, and without reservation, to all and every person who directly or indirectly participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.

This general pardon applied equally to Jefferson Davis as it did to others. It is this general pardon which terminated the possible prosecution of Jefferson Davis.

1,245 posted on 01/17/2005 1:05:34 AM PST by nolu chan
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