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getagrip_already

(14,594 posts)
28. The issue as I understand it is..
Fri Feb 22, 2019, 01:27 PM
Feb 2019

You can't be tried twice for the same "crime". So if you are charged with murder at the federal level, and are acquitted, you can't be charged for murder under NYS law. It's the same crime, just a different jurisdiction (the same person is dead).

The crimes have to be materially different. Since there is no federal law that says you can't break NYS tax law, they couldn't charge you with that. They can charge you for breaking federal tax law, but state taxes are different, and the laws vary. So is that a different crime since it is a different tax entity?

I don't know. But that is the dance muehler and state prosecutors are performing. Muehler no doubt reviewed all the possible charges that he had evidence for and left enough for NYS to prosecute seperate and distinct crimes.

His goal was more to mount enough pressure on the smaller thugs to flip[ and give up info on the bigger thugs, then to maximize harm to the target.

If targets believed they could/would be pardoned and face no other charges, they would all clam up and keep trump happy.

NY State may well save the day in terms of holding the Trumpsters accountable hlthe2b Feb 2019 #1
What's the secret to avoiding the double-jeopardy trap? lagomorph777 Feb 2019 #2
A. Don't be a fucking criminal like Manafort. mobeau69 Feb 2019 #5
Charge them after the pardon for same offense (like tax fraud). louis c Feb 2019 #7
I should have asked more clearly: How does Vance avoid being blocked by that NYS law? lagomorph777 Feb 2019 #9
Vance can avoid the double jeopody law by charging after pardon... louis c Feb 2019 #11
That's not exactly true. If it were the issue with the New York law would never have come up. n/t PoliticAverse Feb 2019 #18
A pardon is forgiveness for the crime, but it does not erase it tinrobot Feb 2019 #31
Try this article Hassin Bin Sober Feb 2019 #14
Very good! (1) Cooperate with Mueller on prosecutions (2) Distinguish State from Federal crimes lagomorph777 Feb 2019 #24
One way could be to charge him with crimes that the feds declined to pursue as cstanleytech Feb 2019 #26
New York is one of few states that consider federal charges when protecting the defendant against.. Hassin Bin Sober Feb 2019 #10
Charge Manafort with a different crime. Note that federal tax evasion and state tax evasion are PoliticAverse Feb 2019 #20
Charging different crimes leftynyc Feb 2019 #21
Cyrus Vance let Junior & Ivanka skate after getting a campaign contribution, also Harvey Weinstein, RockRaven Feb 2019 #3
Yes NewJeffCT Feb 2019 #22
That's precisely WHY he's doing this leftynyc Feb 2019 #23
Whatup, Paulie, ya Leghorn21 Feb 2019 #4
There is no income tax in Florida louis c Feb 2019 #8
Thank you, louis- nt Leghorn21 Feb 2019 #13
They were discussing this on Bloomberg this morning indicating that NY has to proceed carefully to still_one Feb 2019 #6
media hype..... getagrip_already Feb 2019 #12
It wasn't click bait, it was on Bloomberg network, and he wasn't trying to create a "horse race". still_one Feb 2019 #15
But Trump can only pardon federal crimes whether or not the person was actually charged. Cold War Spook Feb 2019 #25
The issue as I understand it is.. getagrip_already Feb 2019 #28
My thought is there are plenty of crimes to go around, nt stopwastingmymoney Feb 2019 #35
One would say an embarrassment of crimes....... getagrip_already Feb 2019 #36
NYS's own constitution forbids double jeopardy prosecutions for the same federal and state crime.. Princess Turandot Feb 2019 #30
Of course no one talks about how inappropriate a presidential pardon is for these crimes elias7 Feb 2019 #16
Kick dalton99a Feb 2019 #17
In other words, NY has our back Maeve Feb 2019 #19
Plus, Mueller had him admit to crimes not charged, which are also state crimes. tableturner Feb 2019 #27
Um, why wouldn't they file the charges regardless? brooklynite Feb 2019 #29
I'd let him go if we could nail the tRUMP family with his help. SayItLoud Feb 2019 #32
Good Yo_Mama_Been_Loggin Feb 2019 #33
Weren't we talking about Gamble v The United States a while back? Isn't it on SCOTUS' docket? ancianita Feb 2019 #34
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