Here's my take. The DOJ's case against the Minnesota shooter will go first-

[rzemanfl]

because it is a death penalty case. The moment jeopardy attaches, TSF will pardon the fucker. Boelter will argue the state court murder charges are double jeopardy. There are people on the U.S, Supreme Court who would say it is "God's will" that he gets away with murder.

This seems far-fetched, but everything these days does.


ON EDIT: Ocelot II's posts below show me that if the rule of law is followed my fears are unfounded.

[Deep State Witch]

1. He Will Get Off

Of Federal charges, because he is an anti-abortion MAGAt.

[Ocelot II]

2. I don't think that will happen. The federal statute says

it's a federal crime to commit murder with a firearm if done in the course of committing another federal crime. Which other federal crime is he accused of? If someone commits murder while engaging in or attempting to commit a federal crime like bank robbery, kidnapping, or drug trafficking, it can be prosecuted under federal law. Murders of federal officials or that occur on federal lands, military bases, or other federal property fall under federal jurisdiction. Murders involving interstate activity can be federal. I'm waiting to hear what federal crime is involved here.

I doubt very much that even if the feds prosecute him he'd be pardoned. Trump used the pardon power to obtain bribes. Pardoning the 1/6 assholes was his way of encouraging them to keep being violent MAGA assholes on his behalf. Pardoning his rich donors tells them they can keep doing their fraud with impunity as long as they keep giving him money. He won't bother with some impoverished murdering wacko cop cosplayer, even to own the libs. There's nothing in it for him personally, which is all he cares about. And he's all hot for more death penalty cases.

[rzemanfl]

4. They are saying on the news that the DOJ is charging him with murder.

I think you're right, but the law means zero to the Trump Administration. Regarding the bribe, I'm sure the evangelicals could raise one.

Of course, I truly hope I am wrong about this whole scenario.

[efhmc]

5. That would lose him more votes than gain.

No money and no increased power through votes so will not happen.

[rzemanfl]

7. Do you think TSF gives a flying fuck about votes?

He wants to be a dictator/king.

[hlthe2b]

10. Even if he did pardon, State can still charge/try/convict. Double Jeopardy DOES NOT ATTACH under

the "dual sovereignty doctrine"-which recognizes that the federal government and each state government are separate and distinct sovereigns, each with its own laws and interests. Therefore, an act that violates both federal and state laws can be prosecuted by both jurisdictions without violating the constitutional protection against double jeopardy. SCOTUS has upheld the latter on multiple occasions, including fairly recently (2019 case of Gamble v US)

[Silent Type]

3. He'll get convicted, although some MAGA rubes will cheer him.

[rzemanfl]

6. The Trump DOJ appears to be charging him,

although as noted above, they have no basis to charge him and would need to make one up.

[Silent Type]

11. Doubt they'll have any trouble coming up with charges for this guy.

[Ocelot II]

12. They might have found some interstate connection that could confer federal jurisdiction,

just like the interstate stalking charges against Luigi Mangione. And the more I think about it, the more I actually like it. Trump has a hard-on for death penalty cases, and he's not likely to stop this one. Anyhow, the local US attorney would have already been told to stand down if Old Yam Tits had a problem with it. The state will certainly proceed with state murder charges, and there's no double jeopardy because of the dual sovereignty principle, so no pardon. If Boelter has the book thrown at him from more than one direction, fine. I do oppose the death penalty, but that might be negotiable in a plea deal.

[rzemanfl]

14. I am from Wisconsin which has never had a death penalty.

I edited my OP because of your responses. I have forgotten a lot of law I once knew.

[Ocelot II]

16. Minnesota doesn't either, but some federal crimes provide for it.

He'll likely get life without parole on the state charges, and might be able to plead to that on whatever federal charges.

[rzemanfl]

17. I lost my train of thought on the death penalty comment.

Sorry.

[Ocelot II]

8. Double jeopardy won't attach because of the dual sovereignty exception.

Because states and the federal government are both sovereign governments, a violation of state and federal law is not the “same offense,” but are instead separate offenses. BTW, we have Sam Alito to thank for that. https://www.supremecourt.gov/opinions/18pdf/17-646_d18e.pdf

[rzemanfl]

9. Thank you! Of course, Roe v. Wade was precedent too.

Alito was following precedent first set in cases decided before the first Civil War.

[NutmegYankee]

13. The Separate Sovereigns principle applies

State charges are independent from federal charges.

[rzemanfl]

15. Thank you. I have been reminded of this, assuming that sometime between 1968 and 1971,

I learned it.