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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNY Daily News: Trump's latest pardon has NYS AG calling for end of double jeopardy law in New York..
http://www.nydailynews.com/news/politics/ny-pol-after-trump-pardon-nys-ag-calls-for-end-of-double-jeopardy-20180531-story.html
In the wake of President Trumps pardon of conservative commentator Dinesh DSouza, new state Attorney General Barbara Underwood renewed her offices call to end New Yorks double jeopardy law. Doing so would allow the state to continue prosecuting individuals even if they were pardoned for their federal crimes.
We cant afford to wait to see who will be next, Underwood said. Lawmakers must act now to close New Yorks 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.
Underwood said that Trumps pardon of DSouza makes crystal clear his willingness to use his pardon power to thwart the cause of justice, rather than advance it.
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Under current New York law, the state cannot try someone for offenses if they have already been prosecuted for the same act or criminal transactions by the federal government or another state, unless an exemption applies.
The legislative session ends in three weeks, unfortunately. If you live in NYS, you may want to contact your local reps.
SergeStorms
(19,201 posts)everyone who represents me tomorrow, both by phone and email. Looking forward to Cohen, and perhaps Trump and his family, the double jeopardy loophole must be closed NOW!
We can't let these guilty mofos just walk away from their crimes. WE CAN'T!
Come on, New Yorkers. Let's get busy!
smirkymonkey
(63,221 posts)Good for her! He and his family cannot be allowed to get away with their crimes.
HAB911
(8,893 posts)Tom Rinaldo
(22,913 posts)In the Assembly the bill is in the Codes committee. It is being sponsored by Assemblyman Joe Lentol (D) and it is Assembly Bill #10422.
In the Senate it is also in the Codes committee. It is being sponsored by Senator Todd Kaminsky (D) and it is Senate Bill #8236.
This NY State legislature session is scheduled to conclude in three weeks. The next legislative session is not due to begin until next January. If these bills fail to be signed into law Trump will have 8 or more months to issue Presidential pardons that can not be countered by prosecution for crimes committed within New York State. Those pardons would truly become "get out of jail free cards" unless we can close the double jeopardy loophole in New York law within the next three weeks.
I spoke both to my Democratic Assemblyman's office in Albany and to Assemblyman Lentol's office (and to my Republican State Senators office as well). Prospects for passage in the Assembly are very good. It should have no trouble winning Committee approval and passing the full Assembly.
That by itself means nothing. There is a shell game constantly being played in the New York State Legislature. Democrats in the Assembly can pass any progressive legislation that they want anytime they want, taking full credit for that action while knowing that the Senate will usually kill it. What counts is not what the Assembly does but how quickly they do it and how high a profile they give to passage of this legislation. This bill needs to clear the Assembly soon so that maximum pressure for it's passage can be put on the Senate. Democrats in the Assembly and the Senate must publicly make this legislation of the highest priority for THIS session.
We only need the votes of one or two Republicans in the New York State Senate to get this passed and there are several "moderate" Republican Senators who fear a blue wave this November. No doubt they hope the clock can be run out before they are forced to take a stand on Senate Bill #8236. That is what everyone expects to happen. We can not allow that.