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Tue May 21, 2019, 05:06 PM

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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Reply NY Assembly set to close double jeopardy loophole (Original post)
brooklynite May 21 OP
Jose Garcia May 21 #1
FakeNoose May 21 #2
Hassin Bin Sober May 21 #3
melm00se May 21 #4
Princess Turandot May 21 #5
iluvtennis May 21 #6

Response to brooklynite (Original post)

Tue May 21, 2019, 05:19 PM

1. Alex Trebek will be heartbroken

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Response to brooklynite (Original post)

Tue May 21, 2019, 05:53 PM

2. Thank you New York! This is awesome news



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Response to brooklynite (Original post)

Tue May 21, 2019, 05:56 PM

3. Does anyone know if this is retroactive?

Or would crimes committed previously be subject to the previous law?

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Response to Hassin Bin Sober (Reply #3)

Tue May 21, 2019, 07:14 PM

4. can't pass

ex post facto laws. the USSC would slap that one 9-0

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Response to brooklynite (Original post)

Tue May 21, 2019, 08:12 PM

5. A bit more detail from NBC..

https://www.nbcnews.com/politics/donald-trump/new-york-lawmakers-pass-bill-aimed-weakening-trump-s-pardon-n1008381
...

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.
...

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."

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Response to brooklynite (Original post)

Tue May 21, 2019, 11:21 PM

6. Excellent.

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