NY Assembly set to close double jeopardy loophole
Source: WCAX-TV
A presidential pardon for federal crimes won't be enough to clear a person of similar state charges under legislation poised for passage in New York.
The Democrat-led state Assembly plans to vote Tuesday on a measure closing a legal loophole in the state's double jeopardy law that prosecutors say could allow someone pardoned by the president to argue they can't be charged at the state level.
New York prosecutors and the lawmakers behind the bill say it's necessary to ensure the state's investigations into Trump and his associates can't be derailed through a White House pardon.
The bill has already passed the state Senate, so passage in the Assembly will send it to Democratic Gov. Andrew Cuomo, who supports the measure.
Read more: https://www.wcax.com/content/news/NY-state-Assembly-set-to-close-double-jeopardy-loophole-510212691.html
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Jose Garcia
(2,595 posts)FakeNoose
(32,639 posts)Hassin Bin Sober
(26,326 posts)Or would crimes committed previously be subject to the previous law?
melm00se
(4,992 posts)ex post facto laws. the USSC would slap that one 9-0
Princess Turandot
(4,787 posts)...
The bill would make it easier for prosecutors in certain circumstances to pursue a case against someone who has received a presidential pardon for the federal conviction.
The exception would allow state prosecutors to open or advance investigations into any pardoned individual who served in a president's administration, worked directly or indirectly to advance their campaign or transition, or worked at a non-profit or business controlled by the president and whose alleged criminal activity took place in New York state. The exception also allows for investigations to be opened or continued into anyone who was pardoned for the president's benefit.
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Democratic state Sen. Todd Kaminsky, the state senator who sponsored the bill and former federal prosecutor, said..."With the President all but pledging to corruptly abuse his pardon power to allow friends and associates off the hook, it is crucial for us to close the double jeopardy loophole and preserve the rule of law in New York."