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Dual Sovereignty: The Legal Sledgehammer Waiting for Ghislaine Maxwell If Pardoned (Part 1) (7/28/25)
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Manage episode 497012333 series 3380507
Content provided by Bobby Capucci. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Bobby Capucci or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.
If Donald Trump were to issue a presidential pardon to Ghislaine Maxwell for her federal crimes, the doctrine of dual sovereignty could allow the state of New York to pursue separate charges against her without violating the Double Jeopardy Clause of the Fifth Amendment. This legal principle recognizes that the federal government and state governments are distinct sovereigns, each with the authority to enforce their own laws. Therefore, a pardon at the federal level does not immunize a person from state prosecution for conduct that also violates state law. If Maxwell’s actions—such as recruiting and trafficking minors—also violated New York state statutes, she could face a new, independent indictment from the Manhattan District Attorney’s Office or New York Attorney General, regardless of the federal pardon.
New York has already demonstrated its willingness to pursue high-profile sex trafficking and abuse cases, particularly when federal accountability fails or falters. The state has broad human trafficking, sexual abuse, and child endangerment laws that overlap with Maxwell’s federally convicted conduct. If prosecutors believe there is sufficient evidence that Maxwell’s crimes occurred within New York’s jurisdiction or harmed residents of the state, they could initiate charges anew under state law. In fact, the political and public appetite for state-level accountability could intensify following a federal pardon, as it would be seen by many as a miscarriage of justice. In that case, dual sovereignty becomes not just a legal tool—but a last-resort mechanism to ensure that Maxwell still faces consequences.
to contact me:
[email protected]
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
…
continue reading
New York has already demonstrated its willingness to pursue high-profile sex trafficking and abuse cases, particularly when federal accountability fails or falters. The state has broad human trafficking, sexual abuse, and child endangerment laws that overlap with Maxwell’s federally convicted conduct. If prosecutors believe there is sufficient evidence that Maxwell’s crimes occurred within New York’s jurisdiction or harmed residents of the state, they could initiate charges anew under state law. In fact, the political and public appetite for state-level accountability could intensify following a federal pardon, as it would be seen by many as a miscarriage of justice. In that case, dual sovereignty becomes not just a legal tool—but a last-resort mechanism to ensure that Maxwell still faces consequences.
to contact me:
[email protected]
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
1042 episodes
MP3•Episode home
Manage episode 497012333 series 3380507
Content provided by Bobby Capucci. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Bobby Capucci or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.
If Donald Trump were to issue a presidential pardon to Ghislaine Maxwell for her federal crimes, the doctrine of dual sovereignty could allow the state of New York to pursue separate charges against her without violating the Double Jeopardy Clause of the Fifth Amendment. This legal principle recognizes that the federal government and state governments are distinct sovereigns, each with the authority to enforce their own laws. Therefore, a pardon at the federal level does not immunize a person from state prosecution for conduct that also violates state law. If Maxwell’s actions—such as recruiting and trafficking minors—also violated New York state statutes, she could face a new, independent indictment from the Manhattan District Attorney’s Office or New York Attorney General, regardless of the federal pardon.
New York has already demonstrated its willingness to pursue high-profile sex trafficking and abuse cases, particularly when federal accountability fails or falters. The state has broad human trafficking, sexual abuse, and child endangerment laws that overlap with Maxwell’s federally convicted conduct. If prosecutors believe there is sufficient evidence that Maxwell’s crimes occurred within New York’s jurisdiction or harmed residents of the state, they could initiate charges anew under state law. In fact, the political and public appetite for state-level accountability could intensify following a federal pardon, as it would be seen by many as a miscarriage of justice. In that case, dual sovereignty becomes not just a legal tool—but a last-resort mechanism to ensure that Maxwell still faces consequences.
to contact me:
[email protected]
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
…
continue reading
New York has already demonstrated its willingness to pursue high-profile sex trafficking and abuse cases, particularly when federal accountability fails or falters. The state has broad human trafficking, sexual abuse, and child endangerment laws that overlap with Maxwell’s federally convicted conduct. If prosecutors believe there is sufficient evidence that Maxwell’s crimes occurred within New York’s jurisdiction or harmed residents of the state, they could initiate charges anew under state law. In fact, the political and public appetite for state-level accountability could intensify following a federal pardon, as it would be seen by many as a miscarriage of justice. In that case, dual sovereignty becomes not just a legal tool—but a last-resort mechanism to ensure that Maxwell still faces consequences.
to contact me:
[email protected]
Become a supporter of this podcast: https://www.spreaker.com/podcast/the-epstein-chronicles--5003294/support.
1042 episodes
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