Manafort Prosecution Barred by Double Jeopardy Rule, N.Y. Appeals Court Says

[Eugene]

Source: New York Times

A New York appeals court on Thursday rebuffed the Manhattan district attorney’s efforts to charge Paul J. Manafort, President Trump’s former campaign chairman, with mortgage fraud and other state felonies, saying that such a move would amount to double jeopardy since Mr. Manafort had already been convicted in federal court for similar crimes.

The court’s decision once again quashed efforts by the district attorney, Cyrus R. Vance Jr., to ensure that Mr. Manafort, 71, would still face prosecution should Mr. Trump pardon him. The decision was unanimous and affirmed a lower-court ruling in December that said the indictment against Mr. Manafort violated the state’s double jeopardy law.

Mr. Manafort’s legal team had maintained that the indictment brought by Mr. Vance, a liberal Democrat who has also started an investigation focused on Mr. Trump and his business practices, was politically motivated.

On Thursday, a lawyer for Mr. Manafort, Todd Blanche, praised the appeals court’s decision.

-snip-

By Mihir Zaveri
Oct. 22, 2020, 5:13 p.m. ET


Read more: https://www.nytimes.com/2020/10/22/nyregion/paul-manafort-double-jeopardy.html

[AnnaLee]

1. Similar crimes?

What's that? So if I stick to a single mode of murder, I can't be tried for any murders I committed once convicted of something related to the first "similar" murder for which I was tried?

[FBaggins]

11. Poor wording in the summary

It wasn't a "similar" crime. It was the same crime, but the federal and state charges were not identical.

From the ruling:

It is undisputed that the federal charges of which defendant has already been convicted involve the same fraud, against the same victims, as is charged in his New York indictment.

[Boogiemack]

2. Wait for the pardon and then file again. A pardon erases everything. nt

[BigmanPigman]

6. Really?

[Codeine]

9. Not accurate.

A pardon does not expunge your record.

[quaint]

10. Closing NY's Double Jeopardy Loophole Authorizing State to Prosecute Individuals Pardoned by a Pres

"No one is above the law and New York will not turn a blind eye to criminality, no matter who seeks to protect them," Governor Cuomo said. "The closure of this egregious loophole gives prosecutors the ability to stand up against any abuse of power, and helps ensure that no politically motivated, self-serving action is sanctioned under law. I thank the Attorney General for her work to advance this much-needed reform and by signing it into law we are taking another step toward a stronger, fairer and more just Empire State for all."

October 16, 2019 Albany, NY

[FBaggins]

12. That law didn't "close the double jeopardy loophole"

It closed it in cases where the criminal had been pardoned and had a specific relationship to the president issuing the pardon.

Manafort hasn't been pardoned.

[quaint]

13. Correct, apologies for missing the pertinent paragraph.

...that's why I thought Boogiemack suggested waiting for the pardon.

[Boogiemack]

3. Appeal and take it to the SCOTUS even tho it's lop-sided. Just take it there anyway based on

states rights to seek recompense for state crimes.

[rso]

4. Manafort

It can still be appealed by Vance to the NY State Supreme Court.

[Fiendish Thingy]

5. I thought NY changed their weird double jeopardy law? Nt

[jrthin]

7. I thought the same.

[Lulu KC]

8. So did I

I thought I celebrated that. What am I remembering if it isn't this?