NY AG wants law changed due to D’Souza pardon

[Right_in_Virginia]

NY AG wants law changed due to D’Souza pardon
Hot Air, Jun 2, 2018, Taylor Millard

New York Attorney General Barbara Underwood is pretty rankled by President Donald Trump’s pardon of Dinesh D’Souza. Underwood is so irritated, she’s calling for New York to change what she’s calling the “double jeopardy loophole” to prevent things like this from happening again.

“President Trump’s latest pardon makes crystal clear his willingness to use his pardon power to thwart the cause of justice, rather than advance it. By pardoning Dinesh D’Souza, President Trump is undermining the rule of law by pardoning a political supporter who is an unapologetic convicted felon. First it was Sheriff Joe Arpaio.

Then it was Scooter Libby. Now it’s Dinesh D’Souza. We can’t afford to wait to see who will be next. Lawmakers must act now to close New York’s double jeopardy loophole and ensure that anyone who evades federal justice by virtue of a politically expedient pardon can be held accountable if they violate New York law.”

***

Underwood is not complaining about the 5th Amendment of the U.S. Constitution but a New York law which doesn’t allow people to be tried twice for the same act or go to trial twice for “two offenses based upon the same act or criminal transaction.” Reason’s Jacob Sullum explains why New York passed the law in the first place.

Here’s the bill the New York legislature is considering:


More:  https://hotair.com/archives/2018/06/02/ny-ag-wants-law-changed-due-dsouza-pardon/

[mountaineer]

So now the prohibition against "double jeopardy" is just a loophole? What a maroon.

[Restored]

That's what makes these people dangerous. That have given themselves the ability to overrule the Constitution.

[Oceander]

So now the prohibition against "double jeopardy" is just a loophole? What a maroon.

No.  The “loophole” is the provision in NY law that makes non-NY prosecutions count towards double jeopardy for NY-state law purposes.  This is much narrower than the requirements of the Constitution, which would permit NY to prosecute someone for the same crime for which he has already been prosecuted by the federal government. 

[Oceander]

That's what makes these people dangerous. That have given themselves the ability to overrule the Constitution.

It has nothing to do with overruling the Constitution.

[Cyber Liberty]

It has nothing to do with overruling the Constitution.

It has a lot to do with federalizing every crime.  This has created the overlapping jurisdictions you described in another thread.

[Oceander]

It has a lot to do with federalizing every crime.  This has created the overlapping jurisdictions you described in another thread.

Not necessarily.  There is a lot of overlap under the Constitution even in the core areas where Congress is granted authority to act, such as commerce (except when the dormant commerce clause doctrine applies), and as a result there will always potentially be overlapping criminal jurisdiction.  For example, robbing an armored car would be both a federal crime (banking and money powers) and a state crime. 

[Cyber Liberty]

Not necessarily.  There is a lot of overlap under the Constitution even in the core areas where Congress is granted authority to act, such as commerce (except when the dormant commerce clause doctrine applies), and as a result there will always potentially be overlapping criminal jurisdiction.  For example, robbing an armored car would be both a federal crime (banking and money powers) and a state crime.

I agree with that.  I also think the Feds usurp powers that belong to the States, like "campaign finance." 

None of this would have happened had "the people" not demanded it, so there is plenty of blame to go around.

[SirLinksALot]

SOURCE: HOTAIR

URL: https://hotair.com/archives/2018/06/02/ny-ag-wants-law-changed-due-dsouza-pardon/

by Taylor Millard




New York Attorney General Barbara Underwood is pretty rankled by President Donald Trump’s pardon of Dinesh D’Souza. Underwood is so irritated, she’s calling for New York to change what she’s calling the “double jeopardy loophole” to prevent things like this from happening again.

“President Trump’s latest pardon makes crystal clear his willingness to use his pardon power to thwart the cause of justice, rather than advance it. By pardoning Dinesh D’Souza, President Trump is undermining the rule of law by pardoning a political supporter who is an unapologetic convicted felon. First it was Sheriff Joe Arpaio. Then it was Scooter Libby. Now it’s Dinesh D’Souza. We can’t afford to wait to see who will be next. Lawmakers must act now to close New York’s double jeopardy loophole and ensure that anyone who evades federal justice by virtue of a politically expedient pardon can be held accountable if they violate New York law.”

She’s following the lead of former AG Eric Schneiderman, who fretted about a pardon controversy last year in a letter to state leaders.

(EXCERPT) CLICK ABOVE LINK FOR THE REST....

[Suppressed]

This is a very interesting issue, and it comes largely from New York ceding its sovereignty to a Federal government that prosecutes its own crimes. 

There's no easy answer.  I have some sympathy for this bill, as a runaway liberal government in the national government could take away any justice a state could receive, by "stealing" its prosecutions and then pardoning.  But it's very difficult to stomach multiple prosecutions for the same alleged crime.

[GtHawk]

This is a very interesting issue, and it comes largely from New York ceding its sovereignty to a Federal government that prosecutes its own crimes. 

There's no easy answer.  I have some sympathy for this bill, as a runaway liberal government in the national government could take away any justice a state could receive, by "stealing" its prosecutions and then pardoning. But it's very difficult to stomach multiple prosecutions for the same alleged crime.

Multiple prosecutions for the same crime is something democrats are in love with. Not happy with the results at the state level, well hell, there must be a way to persecute at the Federal level and get the result we feel we should.

[Oceander]

Multiple prosecutions for the same crime is something democrats are in love with. Not happy with the results at the state level, well hell, there must be a way to persecute at the Federal level and get the result we feel we should.

It’s a bipartisan problem.  I have yet to hear a single prosecutor, federal or state, no matter their politics, say “well, the other guys prosecuted him, so that’s good enough for me.”

[edpc]

The pardon was not a life changed for DeSouza.  He'd paid the fine, plead guilty, and served the sentencing terms.  Nothing prevented Dinesh from making a decent living in his profession because of it.  Not much has changed.  On the other hand, Kristian Saucier gets his life back and can move out from under a heavy weight.  IMO, that's the only pardon that matters from Trump.

[GtHawk]

It’s a bipartisan problem.  I have yet to hear a single prosecutor, federal or state, no matter their politics, say “well, the other guys prosecuted him, so that’s good enough for me.”

Mind you I really haven't paid real attention to other states but I  was thinking about cases like the police officers from the  Rodney King affair, who were retried on federal charges when the liberals weren't happy with the outcome. Seems like there were cases in New Jersey and Florida Too.

[Suppressed]

Should the feds be required to get signoff from an affected state before any pardon?  This would effectively eliminate some pardons.

[Oceander]

Should the feds be required to get signoff from an affected state before any pardon?  This would effectively eliminate some pardons.

I don't see why, any more than the feds should have to get permission from a state to prosecute. 

[thackney]

The pardon was not a life changed for DeSouza.  He'd paid the fine, plead guilty, and served the sentencing terms.  Nothing prevented Dinesh from making a decent living in his profession because of it.  Not much has changed.  On the other hand, Kristian Saucier gets his life back and can move out from under a heavy weight.  IMO, that's the only pardon that matters from Trump.

I would not want to have the attention Dinesh has received and have California's ban on owning a firearm as a felon.

https://www.shouselaw.com/felon-firearm.html

[Free Vulcan]

New York’s double jeopardy loophole

I love how liberals call anything a loophole that gets in their way of their political agenda or witch hunt, in order to justify their corruption.

[driftdiver]

This is a very interesting issue, and it comes largely from New York ceding its sovereignty to a Federal government that prosecutes its own crimes. 

There's no easy answer.  I have some sympathy for this bill, as a runaway liberal government in the national government could take away any justice a state could receive, by "stealing" its prosecutions and then pardoning.  But it's very difficult to stomach multiple prosecutions for the same alleged crime.

@Suppressed
Stealing a prosecution with the intent of pardoning is beyond farfetched.

[Mod1]

threads merged

[Suppressed]

@Suppressed
Stealing a prosecution with the intent of pardoning is beyond farfetched.

I didn't say there had to be intent. 

The feds taking over prosecutions and then later administrations pardoning (like we have here) means that it can happen.