Trump's worst legal nightmare isn't Robert Mueller: Meet Letitia James

[turbinetree]

ALEX HENDERSON, ALTERNET - COMMENTARY
15 DEC 2018 AT 07:42 ET

The blue wave that came with the 2018 midterms was bad for President Donald Trump not only because Democrats obtained a majority in the House of Representatives (with a net gain of 40 seats) and picked up more than 350 seats in state legislatures around the United States—they were also bad for the president because of a Brooklyn native named Letitia James. On November 6, the 60-year-old Democrat was elected attorney general for New York State. And James has made it abundantly clear that after she starts her new job in January, she will launch comprehensive investigations of Trump, his family and his business associates.

In 2019, Trump’s legal headaches at the federal level will include Special Counsel Robert Mueller’s ongoing Russiagate investigation, the investigations of the U.S. Attorney’s Office for the Southern District of New York and the new Democratic House of Representatives—which will be able to launch all kinds of investigative committees and subpoenas. But the election of James in November presents a different type of legal headache for Trump, his family and his associates: one at the state level.

As president of the United States, Trump enjoys certain executive powers—including the power to issue pardons for federal crimes. The people Trump has pardoned so far at the federal level range from Scooter Libby to former Maricopa County, Arizona Sheriff Joe Arpaio, who was convicted of criminal contempt for his unconstitutional tactics against undocumented immigrants. But the key word with the Libby and Arpaio pardons is “federal”: Trump had the power to pardon them for federal crimes—and he has the power to grant Paul Manafort (his former campaign manager) a presidential pardon for tax fraud, bank fraud and all the other crimes he has been convicted of. But Trump does not have the power to issue presidential pardons for criminal convictions in individual states, including any that might come about in 2019 in New York State. And James obviously plans to keep her staff very busy next year.

James, in a recent interview with NBC News, was quite specific about the things she plans to investigate—including whether or not Trump’s business interests in New York City represent a violation of the U.S. Constitution’s emoluments clause, which restricts presidents and other federal politicians from receiving gifts or payments from foreign powers (for example, the Russian government).

https://www.rawstory.com/2018/12/trumps-worst-legal-nightmare-isnt-robert-mueller-meet-letitia-james/

[Firestorm49]

1. Supreme Court Case regarding "Separate Sovereign"

Excuse me if I am incorrect, but I believe the Supreme Court was about to, or did decide the Separate Sovereign case before it that would essentially put an end to separate independent investigations involving both the state and federal cases involving the same crimes.

If in fact the Supreme Court decides to end separate sovereignty adjudication, it will be another nail in the coffin of democracy, as is evidenced by the outrageous legislation in both Wisconsin and Michigan that stripped power from incoming democratically elected Democratic governors. Balance of power, a fair way to run government involving both parties, has been flushed down the toilet with yesterday’s lasagna. I for one, am furious.

[watoos]

2. Trump is still in deep shit even if that decision passes.

Trump is going to be tried by the state for crimes and not tried by the Feds. No double jeopardy there. This is what Mueller is doing whenever he can, he is letting the states have the cases.

[harumph]

3. AFAIK, Separate Sovereign wouldn't apply b/c they're separate crimes -

He's in deep shit.

[George II]

8. Regardless of their decision (which I don't think will be against "separate sovereign" anyway)....

...he's committed strictly state crimes of fraud and tax evasion.

Evasion of New York taxes can't be interpreted as evasion of Federal taxes, and fraud within the State of New York is a separate crime that he may not even be charged with in Federal courts.

[brush]

26. Tax evasion will kill trump. One thing that should be noted, in NYC...

you have to file federal, state, and city tax returns. I'm betting there's plenty to be uncovered once the AG starts investigating.

[Nitram]

9. There are enough crimes to go around. Everybody can have a piece of the pie.

[Haggis for Breakfast]

24. I'd like to seem then try that shit.

Everything about State's sovereignty that repubs have raged on for decades about . . . this will explode in their faces.
I cannot see Roberts allowing this to go forward.

[Nitram]

25. It could be ruled on very narrowly, just excluding crimes that are identical in both state and

federal statutes. Crimes that are tried as a federal hate crime after the same person was found guilty of murder at the state level could continue to be prosecuted in both jurisdictions, for example.

[Vinca]

4. Letitia James could have more clout than Mueller when it comes to Don and jail.

No pardons for state offenses.

[Pluvious]

6. As well as applying to its vile spawn as well... nt.

[Rural_Progressive]

13. Let us not forget

The Governor of New York, not a fan, so that whole state pardon thing, non starter. Go Team Letitia James!!!

[lark]

5. Whoohoo for badass women taking down these anti-American, anti-democratic oligarchs.

Nancy and Letitia, what a pair of heorines they are!!!

[FakeNoose]

7. New York State is leading the way, but other states should be looking too

What about New Jersey, where he owned 3 casinos? I'll guarantee you he's committed crimes there. And how about Florida where he owns Mar-A-Lago? He owns property in at least 10 different states. Are you going to tell me he's squeaky clean everywhere except New York? It's not likely.

We need somebody to drop a dime on him in every state where he's doing business. Former employees, sub-contractors, local law enforcement - these people know things about Trump and they should feel they can tell the truth about him. Now is time for this stuff to come out, they should start the snowball rolling and bury these asshats.

[GopherGal]

21. Statute of Limitations?

Just a guess.
The casinos have been out of business for a while now.
A lot of Trump's "business" of late is just licensing his name.

[ghostsinthemachine]

10. Go get him

This is good to know.

[Resist160]

11. Trump's Worst Nightmare

I always said the SDNY was far worse than Russia. His business, kids, foundation are all coming to implicated in the various crimes.

[eggplant]

23. SDNY is federal, so pardons are still an issue.

NYAG is state, so he's fucked.

[StarryNite]

12. WooHoo!

Go get 'em and lock them up!

[SayItLoud]

14. All the interest in tRUMP's tax returns....WHY would

we think he's filed accurate, truthful and complete tax returns? He's a grifter and plays the systems of Federal and State laws. Off shore accounts are assured. Fraud in attempting to secure loans against his properties (value high for the banks and low for Tax purposes).

We need to start a movement like #resist but #NODEALS for tRUMP CRIME FAMILY...EACH AND EVERY ONE OF THEM!

[Honeycombe8]

15. This is what I want to see from the Democratic leaders across the nation. Toughness, persistence.

I want to see the Democratic Party do all they can to get to the heart of what seems to be historical corruption that has taken hold of our government. Even if they're not successful, I want to see some people going the distance and hanging on with tenacity. We the people MUST have this done, in order to rid the country of this corruption and treason.

We will never get rid of corruption 100%, but corruption at this level? YES WE CAN.

[Scurrilous]

16. K&R

[Blue Owl]

17. Letitia sounds litigious...

[Cha]

18. So Ironic that Blue New York City

is where trumponster has broken so many laws and has gotten away with it for so long.. him and his damn family.

[Rizen]

19. Time to take these criminals down.

IDK what I would have done if we hadn't taken the House. We'd be so screwed.

[smirkymonkey]

20. K&R

[garybeck]

22. i have a concern about this

she is so outwardly out to get Trump that lawyers will be able to argue that she is biased against him. you are not supposed to go after someone. you are supposed to follow the evidence wherever it leads. i'm surprised that an attorney general would be so blatant. i'm worried it will cause problems in court.