The Double Jeopardy Clause

You can't be tried for the same offence twice. The dual sovereign doctrine is why, for instance, you could be tried by the eds and the state for the same crime. And in this case, we have two different sovereigns who have done these. One is a tribal crime and one as a federal crime. Therefore, the dual sovereign a doctrine makes that two different crimes, and therefore is not the same offence. I will tell you, david, i find myself a little bit baffled that gorsich could not get two more votes for this opinion. It's interesting but not surprising because brier generally not the criminal defense bar's friend, gorsitch, always the criminal