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 (EDITOR'S NOTE: the Barron precedent was superseded 35 years later by the 14th Amendment) This separation of sovereignty is seen with the separate Federal and State trials of convicted Oklahoma City bombing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 Penitentiary in Terre Haute, Indiana, the first federal prisoner to be executed by the United States federal government since Victor Feguer was executed in Iowa on March 15, 1963. On November 21, 1997, President Bill Clinton had signed S. 923, special legislation introduced by Senator Arlen Specter to bar McVeigh and other veterans convicted of capital crimes from being buried in any military cemetery. His body was cremated at Mattox Ryan Funeral Home in Terre Haute. His ashes were given to his lawyer, who "said that the final destination of McVeigh's remains would remain privileged forever." McVeigh had written that