Wednesday, March 13, 2019

NY Lawmakers Expected to Pass Bill Closing Double Jeopardy Loophole


New York Attorney General Letitia James is expected to send a Bill to the State Legislature to Close the so-called Double Jeopardy Loophole.

The Loophole, a Section of State Law that currently Precludes State Prosecutors from bringing the same Charges against an Individual who's received a Presidential Pardon of Federal Crimes.

James, a main Proponent of the Legislation, confirmed the Agreement in a Conversation with Reporters at the State Capitol Tuesday, saying Lawmakers are expected to Pass the Bill at some point over the next Two to Three weeks.

We do have an agreement with both houses. We anticipate that the bill will be passed in the coming weeks. James said.

Such a Change to State Statute would not be without Precedent. In 2011 the Legislature closed the “Helmsley Loophole,” which was named for the flamboyant Hotelier Leona Helmsley. She had Avoided State Charges for Tax Cheating on the basis that she had already been tried in Federal Court.

The Legislature agreed, that the Double-Jeopardy Protection was Not intended to Allow People like Helmsley to Escape Prosecution in State Courts.

“There are a number of exceptions under New York law to the general rule, and what is being urged is that there be another exception added,” Peter M. Shane, a Professor of Law at Ohio State, said.










NYC Wins When Everyone Can Vote! Michael H. Drucker
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