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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIt Passed! New York lawmakers pass bill aimed at weakening Trump's pardon power
The measure, which creates a narrow exception to the state's double jeopardy law, now goes to Democratic Gov. Andrew Cuomo's desk.
Link to tweet
https://www.nbcnews.com/politics/donald-trump/new-york-lawmakers-pass-bill-aimed-weakening-trump-s-pardon-n1008381?cid=eml_nbn_20190521
Notably, Trump's business and campaign are both headquartered in New York.
The change was backed by New York Attorney General Letitia James, who is investigating Trump and his family members, and Democratic Gov. Andrew Cuomo, who has indicated he will sign the bill. Prosecutors and lawmakers who back the bill said the measure is necessary to ensure that investigations into the president, his associates and his business taking place at the state level are not derailed by pardons.
malaise
(269,365 posts)Oh Yes!
UniteFightBack
(8,231 posts)gratuitous
(82,849 posts)Or if they'll suddenly start squawking about respect for federalism, ex post facto laws or some such bullshit as New York State does an end run around their latest attempt to avoid answering for their crimes?
mobeau69
(11,172 posts)orangecrush
(19,680 posts)because it doesn't matter once it's law.
They can kiss our rear!
mobeau69
(11,172 posts)ProudMNDemocrat
(16,945 posts)Anything to weaken Trump's power. I hope more states with Democratic majorities enact the same thing regarding double jeopardy.
hlthe2b
(102,581 posts)(loophole) in current law that, had this change not been passed, would have made the "double jeopardy" aspects insurmountable. If you think of the leading states that might be investigating or have reason to investigate Trump for current or previous violations of state law, one might think (in addition to NY), NJ, CA, FL, NV, IL in particular. I seem to recall a legal expert indicating at least a couple of those states were not as much an issue for charging Trump, his representatives, or children with any applicable crimes--pardons or no. I don't remember the details, though.
More_Cowbell
(2,192 posts)"Twenty-four states already have laws making it clear that presidential pardons do not cover state charges, according to Sen. Todd Kaminsky, D-Long Island and the bills Senate sponsor."
You already seem to have a grasp of what's going on, but here's a link with more information in case you're interested:
http://www.dailyjournal.net/2019/05/21/us-trump-pardons-new-york/
hlthe2b
(102,581 posts)spanone
(135,958 posts)lindysalsagal
(20,805 posts)One for democracy!
pazzyanne
(6,560 posts)onetexan
(13,083 posts)Way 2 go NYorkers
dchill
(38,642 posts)Honeycombe8
(37,648 posts)This is the first time I've heard that. No pundit, no post..no one has mentioned that someone pardoned on a federal charge can't be tried by a state for a state charge. So wow....I'm glad they took care of this!
hlthe2b
(102,581 posts)Schneiderman and later the acting AG of NY upon his resignation. In fact, most DUers first heard of the issue from former Trump biographer David Cay Johnston on MSNBC, that was followed by excellent reporting by legal experts. This is NOT a new issue. It has been brewing for nearly two years.
The Atlantic published on it April a year ago:
https://www.theatlantic.com/politics/archive/2018/04/schneiderman-double-jeopardy/558389/
See also
https://www.newsday.com/news/region-state/james-double-jeopardy-1.28431909
https://www.nydailynews.com/opinion/ny-oped-close-new-yorks-double-jeopardy-loophole-now-20190402-eqsxjl6lbzehng6mhyganupu7e-story.html
smirkymonkey
(63,221 posts)tosh
(4,426 posts)kimbutgar
(21,290 posts)SunSeeker
(51,827 posts)Hotler
(11,494 posts)Who knows. Maybe it will be the states that brings Trump to his knees and not Washington.
Jarqui
(10,131 posts)A lot of people were very unhappy about that.
To deter this from ever happening again, the Trump mob needs to join Manafort & Cohen behind bars.
We now have a desperate animal who fears being caged behind the Resolute desk.
hlthe2b
(102,581 posts)My Dad just became more cynical.
Jarqui
(10,131 posts)Many events in the Civil rights struggles, assassinations like Medgar Evers through the Kennedys & MLK, etc
Vietnam war & Kent State
Many more ... that led up to:
Nixon carried on the Vietnam war and pulled Watergate.
In the wake of all of that, they pardoned Nixon which was the final dagger to my interest in federal politics for some time. The crook in the Oval office was above the law. So I turned my activism to local issues for a long time.
If Trump is let off like Nixon, I'll be out of federal politics and will never come back because there are not enough years left in my life to ever get over it and not enough years to repair a system so broken that they'd forgive a criminal traitor.
SergeStorms
(19,208 posts)and see if there's any U-Hauls backed up to Trump Tower anytime soon. There's not a doubt in my mind that Trump will try to establish residence in Florida or some other state that will watch out of the little baby's butt.
hlthe2b
(102,581 posts)SergeStorms
(19,208 posts)it wouldn't stop him from trying though! Trump and the law are on different ends of the spectrum.
Jake Stern
(3,145 posts)New York only closed the loophole for certain groups of people, not for all persons who were pardoned by the president.
For example, from my reading anyway, a person convicted in federal court of drug trafficking is still safe from state charges.
Doesn't take a legal scholar to see where a Trump friendly SCOTUS might use that as proof that the law is discriminatory and therefore unconstitutional.
Why they didn't just eliminate the double jeopardy provision altogether I do not know.
hlthe2b
(102,581 posts)indicating they believe it will pass a challenge as it merely extended what is already in current law and is not retroactive to Federal charges previously tried on the same facts. I don't have access to some of the law publications but here is a recent opinion piece from Tribe:
https://www.nydailynews.com/opinion/ny-oped-close-new-yorks-double-jeopardy-loophole-now-20190402-eqsxjl6lbzehng6mhyganupu7e-story.html
Cha
(298,139 posts)Thank You, hlthe2b!
comradebillyboy
(10,193 posts)Democrats. Far from pure but very effective. Cuomo is also seriously rat-fucking the NRA and may wreck them. I like people who can move the ball down field.
Native
(5,943 posts)I've been waiting for this for what seems like forever!
luvallpeeps
(935 posts)hlthe2b
(102,581 posts)pangaia
(24,324 posts)Maru Kitteh
(28,350 posts)BOO! Motherfucker.
Blue Owl
(50,605 posts)n/t