Double Jeopardy Clause (Barron v. City of Baltimore, 7 Pet. 243), and the double jeopardy therein forbidden is a second prosecution under authority of the federal government after a first trial for the same offense under the same authority. (EDITOR'S NOTE: the Barron precedent was superseded 35 years later by the 14th Amendment) This separation of sovereignty is seen with the separate Federal and State trials of convicted Oklahoma City bombing co-conspirator Terry Nichols. Terry Nichols and Timothy McVeigh were tried and convicted in Federal Court, with Nichols sentenced to life in prison with no possibility of parole, and McVeigh sentenced to death
Timothy McVeigh Waco siege on TV, Nichols and his brother began teaching McVeigh how to make explosives out of readily available materials; specifically, they combined household chemicals in plastic jugs. The destruction of the Waco compound enraged McVeigh and convinced him that it was time to take action. Particularly, the government's use of CS gas on women and children angered McVeigh; he had been exposed to the gas as part of his military training and was familiar with its effects. The disappearance of certain evidence, such as the bullet-riddled steel-reinforced front door to the complex, led him to suspect a cover-up. McVeigh's