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 (EDITOR'S NOTE: the Barron precedent was superseded 35 years later by the 14th Amendment) This separation of sovereignty is seen with the separate Federal and State trials of convicted Oklahoma City bombing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
Oklahoma City bombing in Nichols's former house and found additional explosives missed in the preliminary search after Nichols was arrested. Michael and Lori Fortier were considered accomplices for their foreknowledge of the planning of the bombing. In addition to Michael assisting McVeigh in scouting the federal building, Lori had helped McVeigh laminate a fake driver's license which was later used to rent the Ryder truck. Fortier agreed to testify against McVeigh and Nichols in exchange for a reduced sentence and immunity for his wife. He was sentenced on May 27, 1998 to twelve years in prison and fined $75,000 for failing to warn