Presidential Pardons Might Not End Russia Prosecutions

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While presidential pardons can halt the federal case, local prosecutors could then pursue any Americans suspected of aiding Russia’s election meddling. In fact, legal experts say presidential pardons could make that prospect more likely.

According to a new MSNBC legal analysis, federal pardons could open the door to local criminal investigations in several states.

Why So Many States Might Have a Case
The most likely places are New York, Virginia and Illinois, three states where there is evidence that election-related crimes occurred — though it is unclear if any Americans assisted with those Russian efforts.

Beyond the three main states, the legal arguments for potential criminal jurisdiction are even broader, extending to many of the 39 states that were subject to Russian hacking.

According to U.S. intelligence and public accounts, Russian efforts included criminal hacking into Democratic National Committee emails, a conspiracy to distribute that stolen material, and separate computer intrusions into state election systems. That activity could form the basis of felony cases in several states, and conspiracy charges if any Americans were found to be involved.

Local prosecutors have not disclosed investigations of such conduct. Typically, state and local prosecutors defer to federal investigators, especially in national security cases. But pardons could change that.

According to a source with knowledge of one state attorney general’s preparations, the office is already studying its potential state jurisdiction for Russia-related crimes. The source told MSNBC that state investigators typically defer to federal inquiries, but there is a perception the Russia inquiry may not turn out to be a typical situation.

https://www.nbcnews.com/politics/politics-news/appeals-court-skeptical-expanding-trump-travel-ban-n796966