New York attorney general Eric Schneiderman is advocating a change to the state’s double-jeopardy laws that would allow him and other local prosecutors to bring charges against individuals pardoned by President Donald Trump, according to a letter he sent to the governor and state legislators Wednesday.

The letter, obtained by the New York Times, makes the case that the double-jeopardy law, which holds that an individual can’t be charged with the same crime twice, should be modified so that Trump aides who escape federal prosecution via a presidential pardon can be charged with the same crime in state court.

The proposal, if approved by state lawmakers and Governor Andrew Cuomo, would cement Schneiderman’s office — which is currently suing the Trump administration in connection with issues ranging from tech policy to environment regulations — as a bulwark of the so-called resistance.

“We are disturbed by reports that the president is considering pardons of individuals who may have committed serious federal financial, tax, and other crimes — acts that may also violate New York law,” Mr. Schneiderman said in a statement provided by his office.

Schneiderman and Trump share a contentious history. Schniederman oversaw the investigation into Trump University, which resulted in a $25 million fine, and Trump responded in characteristic fashion, calling Schneiderman “dopey,” a “lightweight,” and a “loser.”

The Fifth Amendment to the Constitution only prohibits multiple prosecutions at the federal level, but roughly half of the states, including New York, have additional double-jeopardy protections that prohibit state prosecutors from charging a person with the same crime they were exonerated for in federal court.

“New York’s statutory protections could result in the unintended and unjust consequence of insulating someone pardoned for serious federal crimes from subsequent prosecution for state crimes,” Schneiderman writes in his letter, “even if that person was never tried or convicted in federal court, and never served a single day in federal prison.”

Trump, who recently pardoned Scooter Libby — a former aide to Vice President Dick Cheney convicted of perjury, obstruction of justice, and lying to the FBI in connection with the “outing” of CIA agent Valerie Plame — has yet to comment on the move.

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These people sure are triggered by DJT. everywhere you turn someone is trying to change a law or statute to go against him.

quote:

These people sure are triggered by DJT. everywhere you turn someone is trying to change a law or statute to go against him.

For something that he hasn't done.

Is this even remotely constitutional?

It is in direct contravention to the 5th Amendment of the Constitution, which, last I checked, can't be superseded without another amendment, nor does this law sound like it would fall under any of the known exceptions to the 5th Amendment double jeopardy provision.

Doesn't this proposed law also single out a class of individuals (i.e. those pardoned by Trump), which would violate the equal protection clause of the 14th Amendment? And doesn't that amendment apply specifically to the states so they can't target a class of people--and, indeed, what could only be a handful of people, as opposed to say, "blacks" or "gays"?

I mean, I'm not a lawyer, but this seems egregiously unconstitutional, even for the facists of the left.

Excuse me? Does this mean you'll be charging all of the sbitbags that the previous President pardoned as well?

NY state is a synonym for sore loser...

Nothing like changing the rules of the game mid-game when you're losing...

quote:

Originally posted by CQB60:
NY state is giving sore losers an acronym

Screw NY! and their stupid, idiotic corrupt politicians.
These POS's just can't stand that Trump is doing a great job.....much better than NY politicians and many other progressive, liberal ass wipes.

Schneiderman is a piece of shit. Though that may be an insult to shit.

The pardon power is only as to federal crimes. The President cannot pardon you for state offenses.

The state can prosecute you for offenses in that state. If the same conduct is a federal offense, the Feds can prosecute you as well. Usually, only one or the other does so. But as in the case of the illegal shooting the woman in San Francisco, the state tried the case, now the Feds are trying the defendants on charges arising out of the same activity.

Let’s take the recent pardon of Scooter Libby. That was a conviction for perjury, obstruction of justice and making false statements, all federal crimes. I assume they were commited in DC. New York doesn't have anything to do with this, so they can’t go after Libby.

Michael Flinn pled to lying to FBI, presumably in DC, so none of NY’s business. Michael Cohen might be a different case, if the state had statutes that he violated which occurred in NY. If he were convicted in Federal Court on say, election law violations, Cohen could be pardoned but would still have some exposure to state charges, and the state might proceed to prosecute him right away rather than wait to see about a pardon.

Passing a statue now to criminalize conduct that occurred in the past would run afoul of the dreaded and forbidden ex post facto rules.

I think.

This message has been edited. Last edited by: JALLEN, April 19, 2018 09:26 AM

Given the immoral, unethical, even criminal behavior of virtually every liberal politico, Schneiderman should be very careful what he's wishing for. That knife could just as easily cut both ways.

Proving once again, the left has no respect for the Constitution.

They are tyrants all - communists.

The lefty politicians in this state do not deserve the posts they occupy.

quote:

Originally posted by Snapping Twig:
Proving once again, the left has no respect for the Constitution.

While I think this is bad policy, it does not violate the Constitution. Here is a good explanation of the issue of "double jeopardy," including the concept of " separate sovereigns ":

https://www.heritage.org/const.../148/double-jeopardy

New York and California...more important than the Federal Government...at least in their own eyes. They didn’t have any issues with all the pardons handed out by Obama to drug dealers, murderers etc.