Mueller is the smartest man on the planet...

[pbmus]

You cannot pardon Cohen because he is being investigated by state attorney...

state crimes cannot be pardoned.

[dem4decades]

1. Better rethink that one.

[pbmus]

2. Here...

http://thehill.com/blogs/pundits-blog/the-administration/348989-trump-may-dodge-federal-crimes-with-pardons-but-he-cant

http://thehill.com/opinion/white-house/358636-the-many-reasons-trump-cant-pardon-manafort-to-save-himself

https://www.vox.com/2017/8/29/16211784/trump-pardons-manafort-flynn-mueller

https://www.washingtonpost.com/news/morning-mix/wp/2017/08/31/trump-and-manafort-get-big-reminder-that-pardon-power-does-not-extend-to-state-crimes/?noredirect=on&utm_term=.428140b210da

https://www.justice.gov/pardon/pardon-information-and-instructions

https://www.justsecurity.org/44704/states-trump-trumps-pardons-state-prosecutions-money-laundering-hacking-conspiracy-tax-fraud/

[grantcart]

21. Federal Prosecutor, in fact a Trump appointment

https://www.democraticunderground.com/100210469137

[shanny]

3. No, that is correct.

Presidential pardon power only extends to federal crimes.

[dem4decades]

7. I understand that but what evidence is there that

Mueller is working with the State prosecutors?

[shanny]

9. Specifically in this instance?

I don't know, although he has been working with NY AG. I was commenting on the law.

[brush]

10. New York state authorities raided Cohen's offices, not the feds.

[dem4decades]

11. They were Feds. Not NY State.

[brush]

13. It was reported Mueller handed it off to New York.

Matter of fact, trump was slated to appoint the guy in charge of the raid to US Attorney to replace Preet Bharara but because of the raid, that appointment is likely off.

State charges can't be pardoned by a president.

[dem4decades]

14. Pretty sure that the guy that approved the raid was the US Attorney that replaced Preet.

It wasn't handed off to New York but the Southern District of New York's office of the Department of Justice. Granted it was not the Special Counsel's office that raided Cohen's office but still Federal agents under Federal prosecutors.

[brush]

17. Bharara's post has not been filled yet, and the crimes were committed in NY state.

Those particular ones are not federal crimes yet. Of course there may yet be fed charges that come out of what is found but the state charges can't be pardoned by trump.

[Massacure]

19. Mueller handed it off to the U.S. attorneys office for the Southern District of New York

Geoffrey Berman is the U.S. Attorney for the Southern District of New York, and he was nominated by Trump following the firing of Preet Bharara.

If New York state were handling the investigation, it would probably be conducted by the New York Attorney General's office, currently headed by Eric Schneiderman. That is not what is happening though.

[dem4decades]

20. Thank You nt

[PJMcK]

4. Oops

Robert Mueller turned this case over to the U.S. Attorney for the Southern District of New York. This is still a Federal case. It was not turned over to NYS AG Schneiderman.

This referral (I think that's the correct term) is probably because Mr. Mueller found evidence of other crimes that are not covered by his investigative mandate. He has, however, an obligation to report any crimes he uncovers.

Trump has been under investigation by AG Schneiderman, however, for several issues including the just resolved Trump University case. No doubt, there are other issues Mr. Schneiderman is looking at.

[BootinUp]

5. I'm hoping

[FM123]

6. Smart man, indeed!

[FakeNoose]

8. I think eventually Cohen will get indictments from Mueller too

...and those would be for federal crimes.

But SDNY is taking the lead on this, and they're going for the crimes he committed in NY State.
Very smart move on Mueller's part!

[dem4decades]

12. The Southern District of New York is part of the DOJ.

This is still a Federal investigation.

[brush]

15. Key phrase being "crimes committed in New York state".

[dem4decades]

16. That I'll agree with you. The NY AG is waiting in the wings.

[grantcart]

22. Doesn't matter double jeopardy would attach. If they wanted to be prosecuted by the State AG then

he will have to be indicted by a state grand jury

While the pardon authority appears without exception nothing is without certain restraint, you cannot yell "fire" in a theater.

It is likely that the the President's pardon authority would not extend to a situation that would facilitate him to break the law.

[brush]

23. I'm sure the jurisdictions will work it out as far as that. Mueller has probably already got that...

figured out so the rats can't slither away.

What's the phrase from the Obama admin—playing chess not checkers.

[Upthevibe]

18. I agree....

He's very, very smart.........