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 (EDITOR'S NOTE: the Barron precedent was superseded 35 years later by the 14th Amendment) This separation of sovereignty is seen with the separate Federal and State trials of convicted Oklahoma City bombing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 and then look up for a moment as if to remember the new name they want to use. That's what [McVeigh] did, and when he looked up I started talking to him, and it threw him." After an April 21, 1995, court hearing on the gun charges, but before McVeigh's release, federal agents took him into custody as they continued their investigation into the bombing. Rather than talk to investigators about the bombing, McVeigh demanded an attorney. Having been tipped off by the arrival of police and helicopters that a bombing suspect was inside, a restless crowd began to gather