The case has been analyzed in the context of the Special Counsel investigation into the Trump campaign; if the separate sovereigns doctrine is overruled, a pardon for federal crimes from Donald Trump may prevent state prosecution. United States Senator Orrin Hatch filed an amicus brief in the case, arguing against the separate sovereigns doctrine; a spokesperson for him denied any relation of the brief to the investigation, saying that Hatch wants the doctrine to be overturned due to "the rapid expansion of both the scope and substance of modern federal criminal law."

According to Columbia Law professor Daniel Richman, state and federal charges usually have "no overlap, or almost no overlap, that would ring Fifth Amendment chimes in the absence of the dual sovereign analysis", and so the impact of overturning the separate sovereigns doctrine would be minimal

His testimony on Thursday, where he openly denounced a a political party, should deny him the court. He outright lied under oath multiple times, and should be removed from the Federal Bench. The ACLU now opposes him. The American Bar Association wants that FBI investigation and a slow down to the confirmation

Going to be an interesting week.