… is still double jeopardy. The Constitution — as interpreted to date — still allows double jeopardy, despite the Fifth Amendment. A case in point is the federal indictment against Derek Chauvin (and other ex-Minneapolis police officers):
The Biden DOJ has indicted former police officer Derek Chauvin and three other former Minneapolis police officers on federal civil rights charges for their roles in the death of George Floyd.
The indictment alleges that Chauvin, along with J. Alexander Kueng, Tou Thao and Thomas Lane violated Floyd’s rights when they saw him lying on the ground “in clear need” of medical attention, but instead “willfully failed to aid Floyd, thereby acting with deliberate indifference to a substantial risk of harm.”
This is essentially an indictment of Chauvin for the same actions that led to his arrest, trial, and conviction under Minnesota law.
I call a foul. This isn’t a new, pro-Chauvin call. I’ve held this position for many years. It’s documented (among other places) in a page that I published almost five years ago, “Constitution for the 21st Century“:
8. A citizen of the United States may not be:…
b. brought before a criminal or civil court to answer for the same act or acts that had been judged previously, under any rubric of law, by any criminal or civil court of any State or the United States;
I wrote that, despite the fact the O.J. Simpson — who was wrongly found not guilty of the murder of his ex-wife and her friend — was later found responsible for the murders in a civil trial. Which just goes to show how fair-minded I am.