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douglas9

(4,358 posts)
Mon Jun 5, 2023, 06:12 AM Jun 2023

Why Steve Bannon May Still Go Down for a Pardoned Crime

When President Donald Trump pardoned Steve Bannon in the closing hours of his presidency, it seemed like the right-wing media personality—and once chief strategist for Trump—had successfully evaded any repercussions for his involvement in a scheme that sent some of his partners to prison.

Double jeopardy laws, of course, prevent someone from being prosecuted twice for the same crime.

But there’s a curious reason why Bannon can’t raise the double jeopardy defense before his upcoming state court trial and make the case disappear: New Yorkers saw this coming.

“The law changed in New York, specifically because Trump started handing out pardons. New York State took the position that these people need to be answerable to crimes they committed in New York State,” explained Diane Peress, an adjunct lecturer at John Jay College of Criminal Justice.

It all comes down to the way former federal prosecutor Todd Kaminsky, then a Long Island state senator, noticed how Trump was “corruptly using the pardon power” to shield himself by saving his powerful friends.



https://www.thedailybeast.com/why-steve-bannon-may-still-go-down-for-a-pardoned-crime

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SouthernDem4ever

(6,617 posts)
1. Dump's use of the presidential pardon was reprehensible
Mon Jun 5, 2023, 06:37 AM
Jun 2023

Our laws need to be changed and constitution amended so this no longer happens. How many presidential pardons have we seen go to deserving people? You can probably count them on one hand.

Lochloosa

(16,063 posts)
2. I disagree. The orange Jesus did abuse his power but it's not always that way.
Mon Jun 5, 2023, 06:47 AM
Jun 2023

Elections have consequences.

Barack Obama has now commuted the sentences of more than 1,000 people in prison for drug crimes
https://qz.com/844035/barack-obama-has-now-commuted-the-sentences-of-more-than-1000-people-in-prison-for-drug-crimes


SouthernDem4ever

(6,617 posts)
8. We shouldn't have to use presidential pardons for bad laws
Mon Jun 5, 2023, 07:16 PM
Jun 2023

We need a house and senate that will do it's job properly.

dem4decades

(11,282 posts)
3. Bannon was found guilty of a crime and to this day is not in prison, without a pardon. If
Mon Jun 5, 2023, 06:58 AM
Jun 2023

anybody thinks he's going to jail for a pardoned crime they need their heads examined.

FBaggins

(26,728 posts)
4. That's an entirely different situation
Mon Jun 5, 2023, 07:31 AM
Jun 2023

He was convicted of a misdemeanor that came with a 4-month sentence. He obviously wouldn't start serving that sentence if there's a year+ appeal going on.

That appeal just had a DOJ response a couple of days ago.

If the DC Circuit had rejected the appeal then he would have gone to prison last year and his sentence would already be over by now.

dem4decades

(11,282 posts)
6. Why do minority defendants stay in prison before trial or go directly to jail upon being found guilt
Mon Jun 5, 2023, 02:59 PM
Jun 2023

You are correct, justice is different,. for the connected

FBaggins

(26,728 posts)
7. They don't
Mon Jun 5, 2023, 04:25 PM
Jun 2023

A federal nonviolent misdemeanor with a maximum sentence of a year almost never gets pretrial confinement and is almost always allowed to stay out pending appeal to a circuit court.

FBaggins

(26,728 posts)
10. Did I say that?
Mon Jun 5, 2023, 09:06 PM
Jun 2023

Nope - it had nothing to do with whether justice is sometimes partial/impartial based on race. It was simply that Bannon is not an example of that in this regard - because nobody else would be held for a year awaiting an appeal of a four month sentence. Color has nothing to do with it.

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