Cuomo backs allowing state law to apply to those with federal pardons

[left-of-center2012]

Source: Newsday

ALBANY — Gov. Andrew M. Cuomo on Thursday joined a growing call by Democrats to enact a state law that would allow anyone pardoned of crimes by a president to still be subject to prosecution under state law.

... legal experts said that power in state law already applies to the cases of President Donald Trump’s former lawyer Michael Cohen and Trump’s former campaign manager, Paul Manafort.

A Democratic bill in the Senate and Assembly to make all people pardoned by a president subject to state prosecution was introduced in April, but they haven’t moved out of their initial committees since then. The Senate bill doesn’t have a sponsor in the chamber’s Republican majority, which would be required to advance it. The Republican majority didn’t immediately respond to a request for comment Thursday.

A case brought under state law would have to contend with prohibitions under the U.S. Constitution and state constitution against “double jeopardy” — being tried for the same crime twice. However, if a person is pardoned for a federal crime, state prosecutors may argue that they weren’t convicted of any identical state crime, so they would still be subject to enforcement of state law, supporters of the measure have argued.

Read more: https://www.newsday.com/news/region-state/cuomo-presidential-pardon-trump-1.20639323

[john657]

1. Yeah, good luck with that.

This would go all the way to the Supreme Court and we all know how that would turn out.

[PoliticAverse]

3. The Supreme Court would be fine with it ('dual sovereignty' is a long established principle).

The reason action is needed in New York is because there is a specific New York law that prevents
the state from prosecuting when there is a similar federal prosecution (except in cases of income tax evasion
and 'racketeering'). In other words New York specifically went out of it's way to make itself an exception and
just has to remove the law excepting itself (note that most states have no such law in place).

[john657]

4. Ah, ok.

Thanks for the clarification.

[pecosbob]

2. Not from NY, but I think Cuomo's feeling heat

some not so flattering info about him has been coming out recently.

[SteveMO]

6. He will overwhelmingly defeat Nixon

Cuomo isn’t afraid.

[Power 2 the People]

5. Well there is certainly enough to prosecute Agent Orange for Racketeering once the time comes.