This smells of double jeopardy. We should take the Constitution for what it says, it’s all about defending the Constitution. Trying to wiggle around it is not what I would call defending it.
Double jeopardy for what?
San Francisco can’t try this POS for Federal crimes
This asshole should be treated as a foreign invader, processed as an enemy combatant out of uniform, and tried in a military court.
If Mexico wants him back, they can make a down payment of 30% of the cost of the wall.
If they don't want him back, he should be confined at Guantanamo Bay.
I don’t see double jeopardy, if he’s being arrested for violating our immigration laws. That’s a separate issue from the murder charges.
No double jeopardy on the multiple illegal entries, he was NOT tried for those as they would have to bring those charges in federal court.
I agree on the other charges...I despise the idea of double jeopardy... I also feel that if a criminal case is lost then it should not be possible to bring a civil case in the same matter.
i.e. The civil case that was won against OJ, he was guilty as sin but that smelled of double jeopardy to me.
Depends on the charge. Didn’t ICE put a hold on him that was ignored previously?
No double jeopardy for being charged with repeated illegal entry as a felon since he was never charged with that in the first place, sorry.
This guy was brought up on State Charges. A person can always be brought up on federal charges if a evidence of a federal crime also exists. This is not a wiggle around, it has been a fact for a very long time.
Different in kind chares do not constitute double jeopardy.
Not at all. According to existing immigration law, illegal entry the first time is a misdemeanor. The second time and thereafter, it is a felony with up to 10 years in prison.
This smells of double jeopardy. We should take the Constitution for what it says, it’s all about defending the Constitution. Trying to wiggle around it is not what I would call defending it.
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I’m sick of playing nice while the left gets to do whatever they want. If they can find a guilty man innocent just to rub their warped leftist ideology in Trump’s face, I say the Government has the moral right to do whatever it needs to do to see this murdering POS spends as much time as possible behind bars.
SCOTUS has ruled that a trial in state court and a trial in Federal court for the same crime are entirely different and don't violate "double jeopardy".There was a soldier a few years ago who was acquitted on a murder charge in state court but was then found guilty in a court martial.
IIRC he's awaiting the hot shot at Levenworth.
Of course it is. This started in the late 60s when juries in the south let klan members off easy. So then we had federal trials for civil rights violation. Apparently if you murder someone and are found not guilty, then you violated their rights and the feds can try you for basically the same thing. This bastardization of the court system by liberals has allowed this to stand up to the USSC.
The simple answer is it is double jeopardy. The only solution to this situation now is to sentence him to the max on the possession charge, deport him, or some vigilante put a round in the back of his skull.
See my post #62
“This smells of double jeopardy”
I don’t care how many jeopardies it takes...just keep going until this democrat is executed.
“We should take the Constitution for what it says, it’s all about defending the Constitution.”
So you want conservatives to fight a war using the Constitution, while the leftist Nazis stomp the Constitution into the ground and make up their own rules.
Good way to lose the battle, Mark was here.
The Constitution does not apply to illegal immigrants.
He is in violation of other laws, this isn’t about the murder charge.
Last Updated Dec 1, 2017 7:34 PM EST
DEL RIO, Texas — An amended federal arrest warrant has been released for Jose Ines Garcia Zarate, a Mexican man acquitted Thursday in the killing of a woman on a San Francisco pier, a case that’s sparked national debate over immigration.
The warrant says Zarate violated his supervised release on a federal sentence for illegally re-entering the U.S. by possessing the gun that killed Kate Steinle on July 1, 2015. The warrant was originally issued July 14 of that year but an amended warrant was unsealed Friday following the verdict.
The warrant issued by the U.S. District Court for the western district of Texas says Zarate was sentenced in Texas on May 12, 2011 to 46 months in prison, followed by three years of supervised release, for illegally re-entering the U.S.
The warrant says the terms of the supervised release, which began March 26, 2015, barred Zarate from committing another crime and from possessing a firearm. He was still bound to the terms of that release when Steinle was shot and killed. Though he was acquitted of murder Thursday, he was found guilty of being a felon in possession of a firearm.
It’s not double jeopardy if it’s not for the murder. It could easily be for the reentering the country 6 times etc.