New York Gov. Andrew Cuomo and City Public Advocate and State Attorney General Candidate, Letitia James, called for the State Legislature to hold a Special Session to Reform State Law so that President Trump’s Associates can be held Accountable for Crimes they may have Committed in the State, even if they’re Federal Crimes are Pardoned by the President.
James and current Attorney General, Barbara Underwood, have both previously said the Legislature should, in Underwood’s words, “close New York’s double-jeopardy loophole.” On Thursday morning, Gov. joined them, issuing a Statement that Read, in part, “New York must have the ability to stand up against the abuse of power. I call on the State Legislature to amend current State law to close the double jeopardy loophole and ensure that these wrongdoers cannot escape justice.”
The Problem they are hoping to address is that under New York’s Criminal Procedure Law, a Federal Conviction or Guilty Plea triggers “Jeopardy,” meaning that a Second Prosecution for the Same Crime under State or Local Law would be Unconstitutional “Double Jeopardy.”
As Underwood’s April Letter to the Governor and State Legislative Leaders advocating for the Law to be Changed explains: “New York’s law provides exceptions when a court nullifies a prior criminal proceeding (such as when an appeals court vacates a conviction), or even when a federal court overturns a federal conviction because the prosecution failed to establish an element of the crime that is not an element of the New York crime. But there is no parallel exception for when the President effectively nullifies a federal criminal prosecution via pardon. Thus, if a federal defendant pleads guilty to a federal crime, or if a jury is sworn in a federal criminal trial against that defendant, and then the President pardons that individual, this New York statute could be invoked to argue that a subsequent state prosecution is barred. Simply put, a defendant pardoned by the President for a serious federal crime could be freed from all accountability under federal and state criminal law, even though the President has no authority under the U.S. Constitution to pardon state crimes.”
Given that Trump already has Pardoned Political Allies, such as former Maricopa County, Arizona, Sheriff Joe Arpaio and Conservative Pundit Dinesh D’Souza, with no particular Legal Justification, there is fear that he will do the same for Others, like his just-convicted former Campaign Chairman Paul Manafort. Since many of the Crimes committed or allegedly committed by the Trump Campaign and Trump Organization, including Manafort’s and former Trump Personal Attorney Michael Cohen’s, occurred in New York, the State is seen as a crucial backstop to Prevent Trump and his Cronies from escaping Legal Penalty by Firing Special Counsel Robert Mueller and Pardoning anyone Mueller Indicted as a result of his Investigation.
So the Legal and Policy Reasoning behind James and Cuomo’s Statements is clear. The only thing that doesn’t make sense is the idea that Republican State Senators would pass Legislation to hold Trump, his Family Members or Staffers Legally Accountable. Given Trump’s Approval Ratings among Republican Voters and the Reluctance of New York’s Republican Elected Officials to Confront Trump or even discuss the possibility that he is Guilty of any Crimes, one can assume the State Senate won’t move a muscle to Close the Double Jeopardy Loophole.
The other side of the coin is, If you are Pardoned, you lose the ability to take the Fifth in a Trial that will incriminate you, you are already protected.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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