Gov. Andrew Cuomo signs bill allowing people granted presidential pardons to face charges in New Yor

[mystery-ak]

Gov. Andrew Cuomo signs bill allowing people granted presidential pardons to face charges in New York
by Zachary Halaschak
 | October 16, 2019 01:50 PM

Democratic New York Gov. Andrew Cuomo signed a bill into law designed to allow the state to press charges against people who have received a presidential pardon.

The bill, which was passed by the legislature in May, was drafted after reports surfaced that President Trump was considering a presidential pardon for Paul Manafort, his former campaign manager. Trump’s business headquarters and his campaign headquarters are also located in New York.

Manafort, 70, is serving a prison sentence for a number of federal charges that came from former special counsel Robert Mueller’s Trump-Russia investigation. In addition to the federal charges, he was indicted on state mortgage fraud charges.

The bill ends the so-called “double jeopardy loophole” that prevents state prosecution for crimes that the federal government has already tried them for.

more
https://www.washingtonexaminer.com/news/gov-andrew-cuomo-signs-bill-allowing-people-granted-presidential-pardons-to-face-charges-in-new-york

[Fishrrman]

I'll guess that this will be tossed out by the Supreme Court when it gets there.

I'm under the impression (and I could be wrong) that the presidential power of pardon trumps any "state powers".

Has this issue ever been tested in the courts before?

[jmyrlefuller]

I'll guess that this will be tossed out by the Supreme Court when it gets there.

I'm under the impression (and I could be wrong) that the presidential power of pardon trumps any "state powers".

Has this issue ever been tested in the courts before?

Not that I know of.

The real question here is whether a state has the authority and jurisdiction to charge someone under a crime that is under federal jurisdiction. If the supremacy clause says states cannot contradict federal law, and the Tenth Amendment limits federal jurisdiction to specific enumerated powers and leaves the rest to the states, then in theory, if there are two laws, federal and state, covering the same crime, then one of the two must be unconstitutional.

So it's still double jeopardy.

[IsailedawayfromFR]

cuomo is real authoritarian isn’t he?

[verga]

cuomo is real authoritarian isn’t he?

You misspelled A$$hole.

[jmyrlefuller]

cuomo is real authoritarian isn’t he?

If you think he is, think of the jerks who keep voting for him.

[conservativevoter]

Does Cuomo's new law include Chelsea Clinton's father-in-law?   

[Elderberry]

https://www.wklaw.com/double-jeopardy-federal/

Is it Double Jeopardy to Charge a Crime at Both the State and Federal Level?

No. Double jeopardy and “dual sovereignty” are completely different concepts. Nothing prevents competing state and federal agencies from bringing similar criminal charges arising out of the same act against a single defendant so long as a crime can be charged at both the state and federal level.

Double jeopardy only applies to one jurisdiction at a time. A state government cannot bring a second prosecution against you for the same state crime once you’ve been acquitted. The same goes for the federal government regarding a federal offense.

[Elderberry]

I'll guess that this will be tossed out by the Supreme Court when it gets there.

I'm under the impression (and I could be wrong) that the presidential power of pardon trumps any "state powers".

Has this issue ever been tested in the courts before?

https://en.wikipedia.org/wiki/Federal_pardons_in_the_United_States

The Supreme Court has not ruled on whether a president can pardon someone for state or local crimes, dicta in Ex parte Garland stated that the pardon power extends to all offences known to the law .[3] Experts disagree as to whether a president can pardon himself,[4] but pardons cannot apply to cases of impeachment. The pardon can also be used for a presumptive case, such as when President Gerald Ford pardoned Nixon over any possible crimes regarding the Watergate scandal.[4]

[sneakypete]

How can that be even remotely legal?

[sneakypete]

Does Cuomo's new law include Chelsea Clinton's father-in-law?   

@conservativevoter

Not ever,under any condition