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 (EDITOR'S NOTE: the Barron precedent was superseded 35 years later by the 14th Amendment) This separation of sovereignty is seen with the separate Federal and State trials of convicted Oklahoma City bombing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 him as "the designated patsy", but McVeigh disagreed with Jones arguing that rationale for his defense. After a hearing, Judge Matsch independently ruled the evidence concerning a larger conspiracy to be too insubstantial to be admissible. In addition to arguing that the bombing could not have been carried out by two men alone, Jones also attempted to create reasonable doubt by arguing that no one had seen McVeigh near the scene of the crime, and that the investigation into the bombing had lasted only two weeks. Jones presented 25 witnesses over a one-week period, including Dr. Frederic Whitehurst. Although Whitehurst