NY Attorney General just revealed brilliant plan to stop Trump from pardoning pals in Mueller probe

[syringis]

NY Attorney General just revealed brilliant plan to stop Trump from pardoning pals in Mueller probe
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With President Trump not so subtly playing the pardon card as he publicly signals all his indicted and soon-to-be-indicted cohorts that they have nothing to worry about as long as they keep their mouths shut and don’t turn state’s witness, Americans worried about the proper administration of justice have always been able to take solace in the fact that Special Counsel Robert Mueller has reportedly been keeping the Attorney General of New York State in the loop on his investigations.

The theory goes that if Mueller wins convictions against any of the Trump-connected players in the long sordid saga, and then Trump turns around and pardons them, their cases can be brought back to state court where presidential pardons have no power.

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Now, however, attention has been focused on a potential problem with that strategy, according to articles on The Hill and PoliticusUSA.

Acting New York Attorney General Barbara Underwood raised the issue today of the double jeopardy loophole, which could mean that New York may not be able to prosecute on the state level anyone pardoned by the president, and urged New York State lawmakers to close the loophole as soon as possible.

Underwood was reacting to the pardon that Trump issued to right-wing campaign contribution law violator Dinesh D’Souza when she issued the following statement today:

“President Trump’s latest pardon makes crystal clear his willingness to use his pardon power to thwart the cause of justice, rather than advance it,” Underwood began.

“By pardoning Dinesh D’Souza, President Trump is undermining the rule of law by pardoning a political supporter who is an unapologetic convicted felon. First, it was Sheriff Joe Arpaio. Then it was Scooter Libby. Now it’s Dinesh D’Souza,” she continued.

“Lawmakers must act now to close New York’s double jeopardy loophole and ensure that anyone who evades federal justice by virtue of a politically expedient pardon can be held accountable if they violate New York law.”

https://washingtonpress.com/2018/06/01/ny-attorney-general-just-revealed-brilliant-plan-to-stop-trump-from-pardoning-pals-in-mueller-probe/

[hlthe2b]

1. Umm, this is not "new"... He may have been slime dog, but Eric Schneiderman had already

initiated this and begun the push for the legislature to close the loophole. I'm glad Underwood is pushing ahead with this, but boy, the washingtonpress.com doesn't seem to report very accurately...

[malthaussen]

4. no, it's a garbage site.

About the only news organization I'd trust with "Washington" in the name is the Post.

-- Mal

[Habibi]

7. + 1 nt

[Tom Rinaldo]

2. The NY State Legislature ends its session in 3 weeks and won't reconvene until January...

Here are specifics about the legislation pending to address what NY's AG is warning about. Time is running out
https://www.democraticunderground.com/100210682210

[mountain grammy]

3. +1000

[dalton99a]

8. +1. I support whatever it takes to bring the crime family to justice

[triron]

9. Hope they take it up asap.

[SayItLoud]

5. Someone explain how tRUMP is not going to skate and

also the slime he will pardon? No way I can see it happening even if our *blue wave* actually gets out and votes.
Very depressing.

[SCantiGOP]

6. You're right

Double Jeopardy is not a “loophole”; it is prohibited by the US constitution’s 5th Amendment.
This article is inaccurate and, apparently, a fundraising device for the outlet.

[struggle4progress]

10. The US Constitution's "double jeopardy" clause does not preclude prosecution

at both the federal and state levels, even when both federal and state statutes recognize similar offenses in the conduct. What is at issue here is a specific NY statute that usually forbids prosecution in NY after a federal prosecution or a prosecution in another state for the conduct

[SCantiGOP]

11. Never been definitely settled by the SCOTUS

I think, and have read this opinion from many legal scholars, that the Supreme Court would not allow a state prosecution on the exact same charges that had gone through a federal trial. The big question is whether they would allow it if the federal process were stopped by a Presidential pardon.

[struggle4progress]

12. United States v. Lanza 260 U.S. 377 (1922)

MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.

... We have here two sovereignties, deriving power from different sources, capable of dealing with the same subject matter within the same territory. Each may, without interference by the other, enact laws to secure prohibition, with the limitation that no legislation can give validity to acts prohibited by the amendment. Each government, in determining what shall be an offense against its peace and dignity, is exercising its own sovereignty, not that of the other.

It follows that an act denounced as a crime by both national and state sovereignties is an offense against the peace and dignity of both, and may be punished by each ...

https://supreme.justia.com/cases/federal/us/260/377/case.html

[ooky]

13. Why couldn't they just be prosecuted in state court first?

[Maraya1969]

14. Why don't they bring different charges up both at the Federal level and at the state level?

Like money laundering on a federal level and fraud on the state level.

Or they should just file charges at the state level only. That would make little IQ45 blow his head.