After President Trump said Friday that Hillary Clinton was cleared of charges by a "rigged" system, experts said it may be possible for the Justice Department to reopen the criminal probe, although it is unlikely.
Launching a renewed investigation into Clinton's use of a private email server as secretary of state would not run afoul of the Constitution's double jeopardy clause, which bans prosecution twice for the same crime, experts say.
"The double jeopardy clause ban only applies to prosecutions, not investigations. So there is no constitutional bar to reopening the investigation," said Susan Herman, a professor at Brooklyn Law School and president of the American Civil Liberties Union.
"Jeopardy doesn't attach until a jury is sworn in a jury trial, or until the first witness is sworn in a judge trial," said Lissa Griffin, a Pace University law professor who has written about the constitutional protection.
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8 comments:
I would like to see the failure serve hard time in the Grey Bar Hotel...but put up or shut up.
Can I "Like" this 300 times?
The majority of the country that elected him as president - did so thinking that he would ensure her prosecution!
Jail the HildaBeast!
Justice should be done.
They would prosecute me. So why has Hillary not been prosecuted since the entire Congress screams help the little person / middle and low income and penalize the rich? Hillary must be punished for her crimes which could be as harsh as espionage.
She has too much dirt on the dirty politicians that will not allow her to spill the beans....she will disappear
I was a serviceman with a Top Secret clearance. Had I done what she did, I'd be living in Kansas, turning large rocks into little ones.
Open this now. We the people deserve the Truth and Justice must be served...NO MORE 2 Tier justice system!!!
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