NY moves to close pardon loop hole in face of Cohen prosecution.

[Jarod]

NY moves to close pardon loop hole in face of Cohen prosecution.

It’s not hard to stay one step ahead of this president.


https://www.cnbc.com/2018/04/18/new-...-loophole.html

[Callinectes]

Won't happen

[Jarod]

Won't happen

What won’t happen, the pardon loop hole being closed, or Trump pardoning Cohen?

[Irish Exit]

What won’t happen, the pardon loop hole being closed, or Trump pardoning Cohen?

I have serious doubts they will be able to amend the current law as proposed and have it withstand a SCOTUS ruling. I wouldn't call it a loophole though.

[Jarod]

I have serious doubts they will be able to amend the current law as proposed and have it withstand a SCOTUS ruling. I wouldn't call it a loophole though.

I don’t know anything about how it’s structured, you might be right about that.

[Irish Exit]

I don’t know anything about how it’s structured, you might be right about that.

My understanding is that they want to carve out an exception just for people who have received Presidential pardons.

[evince]

read the article

doesn't sound like a problem to me

[Cancel 2018.2]

NY moves to close pardon loop hole in face of Cohen prosecution.

It’s not hard to stay one step ahead of this president.


https://www.cnbc.com/2018/04/18/new-...-loophole.html

As a lawyer, tell me why this cannot apply to Cohen.

[Cancel 2018.2]

read the article

doesn't sound like a problem to me

It is a constitutional violation, actually two violations.

[evince]

babble

read the article

[evince]

NY moves to close pardon loop hole in face of Cohen prosecution.

It’s not hard to stay one step ahead of this president.


https://www.cnbc.com/2018/04/18/new-...-loophole.html

Presidents can pardon people only for federal crimes. Trump did so last week, pardoning Scooter Libby, former chief of staff for Vice President Dick Cheney, for obstructing justice, perjury and lying to the FBI.
But pardons, as a rule, do not prevent people from prosecution or punishment for violating state criminal laws.
However, Schneiderman, in a letter to Cuomo and legislative leaders, said that "a strategically-timed pardon [from Trump] could prevent individuals who may have violated our State's laws from standing trial in our courts as well."
The timing would involve issuing a pardon to someone after they pleaded guilty to a federal crime, or after a jury was sworn in for a criminal case going to trial.
New York law bars someone from being prosecuted in state court if that person has already been prosecuted elsewhere for the same acts. That is known as a protection against so-called double jeopardy.
But Schneiderman said there is a "problem" under Article 40 of the state's Criminal Procedure Law.
Under that law, he wrote, "jeopardy attaches when a defendant pleads guilty or, if the defendant proceeds to a jury trial, the moment the jury is sworn."
"If any of those steps occur in a federal prosecution, then a subsequent prosecution for state crimes 'based on the same act or criminal transaction' cannot proceed, unless an exception applies," Schneiderman wrote.
Those exceptions occur when an appeals court nullifies a prior criminal proceeding, or when a federal court voids a federal conviction because prosecutors failed to establish an element of the crime that is not an element of a New York crime, Schneiderman wrote.
"But there is no parallel exception for when the President effectively nullifies a federal criminal prosecution via pardon," he wrote.
"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," Schneiderman wrote.
He added that the New York state legislature "could not have possibly intended this result."
Schneiderman asked the legislature to pass an amendment to state law to prevent the scenario from happening.

[Cancel 2018.2]

babble

read the article

Are you saying I'm wrong?

[Callinectes]

Presidents can pardon people only for federal crimes. Trump did so last week, pardoning Scooter Libby, former chief of staff for Vice President Dick Cheney, for obstructing justice, perjury and lying to the FBI.
But pardons, as a rule, do not prevent people from prosecution or punishment for violating state criminal laws.
However, Schneiderman, in a letter to Cuomo and legislative leaders, said that "a strategically-timed pardon [from Trump] could prevent individuals who may have violated our State's laws from standing trial in our courts as well."
The timing would involve issuing a pardon to someone after they pleaded guilty to a federal crime, or after a jury was sworn in for a criminal case going to trial.
New York law bars someone from being prosecuted in state court if that person has already been prosecuted elsewhere for the same acts. That is known as a protection against so-called double jeopardy.
But Schneiderman said there is a "problem" under Article 40 of the state's Criminal Procedure Law.
Under that law, he wrote, "jeopardy attaches when a defendant pleads guilty or, if the defendant proceeds to a jury trial, the moment the jury is sworn."
"If any of those steps occur in a federal prosecution, then a subsequent prosecution for state crimes 'based on the same act or criminal transaction' cannot proceed, unless an exception applies," Schneiderman wrote.
Those exceptions occur when an appeals court nullifies a prior criminal proceeding, or when a federal court voids a federal conviction because prosecutors failed to establish an element of the crime that is not an element of a New York crime, Schneiderman wrote.
"But there is no parallel exception for when the President effectively nullifies a federal criminal prosecution via pardon," he wrote.
"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," Schneiderman wrote.
He added that the New York state legislature "could not have possibly intended this result."
Schneiderman asked the legislature to pass an amendment to state law to prevent the scenario from happening.

So what is Cohen suspected of? Last I heard, it was bank and mail fraud. Both of which I understand are federal crimes. Trump can pardon those. New York can charge him with state crimes, as long as they're not bank and mail fraud, and Trump can't pardon him for those? Okay, so along comes this "exception"(which will be forever known as the "Trump Clause")and anyone pardoned by Trump can be charged, for the same offense, by the state without double jeopardy applying? Wonderful. I'll bet you right now that under the next democrat foolishly elected to the presidency, this piece of judicial caca is quietly found to be unconstitutional and stricken from the books

[Cancel 2018.2]

Ex post facto

[Cancel 2018.2]

I see Jarod and Evince ran away...