Someone clear this up for me please, concerning the double jeopardy law in NY

[bluestarone]

Why can't NY take on the tax case BEFORE the federal charges? I'm not understanding how this works. TY in advance.

[beachbum bob]

1. New York has its own taxes, New York City has their own, not tied to

federal taxes and not subjected to any double jeopardy type ruling at all.

[bluestarone]

2. TY but help me understand can RUMP be charged with State crimes AFTER

The federal charges him with same thing? (THIS is what i'm hoping can happen)

[SummerSnow]

4. I think he can, read this...

https://criminal.findlaw.com/criminal-rights/charged-twice-in-different-states.html

[bluestarone]

7. TY good read!!

[SummerSnow]

9. Could you imagine him getting handcuffed coming out of Trump Tower?

[at140]

5. Basically states can prosecute violations of state laws

and not of federal laws.

[PoliticAverse]

3. The "double jeopardy" issue doesn't affect the federal vs state income tax case.

Someone can be pardoned for federal income tax evasion by the President and New York can still bring a case against them.

Federal income tax evasion and state income tax evasion are different crimes.

New York's "double jeopardy" law also has an exception for "racketeering".

[bluestarone]

6. TY so anyone including the president can be charged in NY, for breaking NY laws?

THIS is what i wanted to hear. I've read about NY changing the double Jeopardy law so that's why i'm confused.

[PoliticAverse]

12. First it's only "double jeopardy" if the crime at the federal and state level is the same...

substantially.

So if someone were tried for "Bank Fraud" at the federal level New York state law would prevent them from being
tried for the same bank fraud crime.

If you look at some of the charges New York state might actually bring against Trump or his associates (charity fraud, state income tax evasion) they aren't federal crimes and there would be no barrier against New York state bringing those charges.

[bluestarone]

13. AWESOME!!!!

[bluestarone]

14. One last question please!

IF RUMP was to somehow get rid of Mueller, could or would NY hire him (Mueller) allowing him to continue his investigation with the state of NY? TY in advance

[PoliticAverse]

16. Sure, why couldn't they? n/t

[Anon-C]

8. If we are speculating on Gamble v US and this SC ruling in a deliberate fashion to halt prosecution

...of Trump:

I'm no lawyer but I would not gather they need to throw out the dual sovereignty doctrine. Rather they would find that in the case of a Presidential Pardon, the founders intent was it is absolute and thus overcomes the dual sovereign exception.

It's the "Super Pardon" he needs, not necessarily an end to this double jeopardy exception in all cases.

[Nevilledog]

10. Gamble in no way increases the scope of presidential pardons

New York can prosecute any violation of state law so long as it is not the exact same crime, same elements, same facts.

[Anon-C]

11. Of course Gamble does not.

[PoliticAverse]

15. Gamble is a non-issue really because the charges a state like New York would likely bring...

are for different crimes than the ones Mueller has brought or might bring (state income tax evasion is a different
crime than federal income tax evasion, "conspiracy against the United States" isn't a state crime, New York state
is looking at possible charity fraud, Mueller apparently isn't).