New York Senate advances bill to allow state charges despite presidential pardon

[highplainsdem]

Source: The Hill

The New York State Senate on Wednesday passed a bill that would allow state prosecutors to pursue charges in some instances in which a person received a presidential pardon.

Under the legislation, "a prosecution is not considered to have occurred if a person has been granted a reprieve, pardon, or other form of clemency for the offense by the President" and other conditions are met.

"The rule of law matters & the pardon power should not be perverted to undermine it," tweeted State Sen. Todd Kaminsky (D), who introduced the bill.

According to The Associated Press, the bill was created to get rid of a loophole that would make it more difficult to prosecute someone who had received a pardon. The state Assembly has not scheduled a vote on the measure, according to the news service.

-snip-

Read more: https://thehill.com/homenews/state-watch/442729-new-york-senate-advances-bill-to-allow-state-charges-despite

[ScratchCat]

1. This makes no sense

Because the POTUS can only pardon someone convicted of a federal crime. NY State can bring charges against anyone who has violated a NY State statute. I don't get this.

[highplainsdem]

2. See this article at Law.com:

https://www.law.com/newyorklawjournal/2019/05/08/ny-senate-approves-double-jeopardy-bill-aimed-to-blunt-impact-of-possible-trump-pardons/

[ScratchCat]

3. I'm still skeptical

That a)the POTUS can pardon a person for a crime they have yet to be convicted of and b)that the double jeopardy argument regarding State tax evasion would not be laughed out of court(there is no double jeopardy for violating federal and state tax law - its a laughable argument).

[highplainsdem]

4. See this:

https://www.forbes.com/sites/jacobfrenkel/2017/07/21/president-trump-can-preemptively-pardon-his-advisors-and-family-but-will-he/#52b368e76c3b

[Xipe Totec]

5. Nixon was pardoned before he was even charged with a crime. nt

[tclambert]

6. Go New York!