Double jeopardy: TV and movies have taught us the basic principle that you can’t be tried twice for the same crime, but Trump’s case presents a weird and historic potential wrinkle: Does a presidential impeachment count? Trump’s lawyers say yes, prosecutors say no.
The issue could be crucial for two reasons: First, double jeopardy is one of the very few legal issues a defendant can appeal to higher courts before going to trial, rather than after — meaning a fight over double jeopardy could push back the planned trial schedule. (Trump, the GOP front-runner for president, wants to delay the trial until after the 2024 election.) Second, the issue of indictment vs. impeachment is so novel, it may be legal catnip for the Supreme Court.
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