Isn't Michael Cohen's legal trouble in New York state where he can't be pardoned by Trump?

[redstateblues]

Talking heads keep saying that Trump is giving Cohen signals that he will give him a pardon.

[oberliner]

1. President can only pardon for federal crimes

State crimes would have to be the governor.

[redstateblues]

3. That's what I thought. Talking heads are making it seem like Cohen

just needs to tough it out and not flip. He looks like he is toast to me.

[bench scientist]

10. The case is before SDNY a federal court.

[marylandblue]

2. He's being investigated by the federal government

But if the don't prosecute, New York State could. They might even make a strategic decision to turn everything over to the state to avoid the possibility of a pardon.

[sprinkleeninow]

5. Tonite I wundered if ultimate trashbag is priming the pardon pump.

So the populace will see how easy it's done.

LE pros gotta know this was coming down the pike. They must have a Plan B for a kabosh.



💙🇺🇸🌊

[Hokie]

4. No, it is the US Attorney's Office Southern District of New York

That is still under the DoJ and Cohen could be pardoned by the Asshole.

[EffieBlack]

6. Whatever he could be charged with by federal prosecutors are likely also crimes under state law, so

if Trump pardons him the NY state AG could take over and prosecute him.

And there’s a helicopter difference between federal time and state time - and Cohen doean’t strike me as one who would adjust well to a state penitentiary. He needs to flip and flip fast if he doesn’t want to find out what it’s like in one.

[ooky]

9. In that case wouldn't Cohen's lawyers just wait for the DOJ conviction and then

have Trump pardon him? So the state can't try him?

[EffieBlack]

13. That's pretty risky

He has no way of knowing whether Trump will actually pardon him. It’s not like Trump can be trusted to do anything that he doesn’t think is in his immediate best interest.

And a federal conviction doesn’t guarantee he won’t be tried by the state.

[RDANGELO]

7. It's true that Trump could only pardon for federal crimes but they would need to be carefull.

There is a New York state law that says that if a federal jury is sworn in or the defendant pleads, then they could not be tried for the crime in the state of New York due to double jeopardy.

This may be why Mueller has not issued more indictments, issuing them for ones that only apply to federal statutes such as not paying federal taxes or lying to the FBI.

https://www.theatlantic.com/politics/archive/2018/04/schneiderman-double-jeopardy/558389/

[BigmanPigman]

8. NY voters need to call/write their state reps

to change the loophole rule ASAP!

[PoliticAverse]

11. The New York law makes exceptions for cases of "racketeering" and "income tax evasion". n/t

[RDANGELO]

12. That's good to know. n/t