The Briefing Room
State Chapters => NY/NJ => Topic started by: mystery-ak on April 18, 2018, 08:38:13 pm
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New York seeks authority to prosecute despite presidential pardons
By Brett Samuels - 04/18/18 04:27 PM EDT
New York Attorney General Eric Schneiderman (D) on Wednesday asked state lawmakers to amend the law so that prosecutors can charge individuals who have benefitted from a presidential pardon.
New York’s existing law states that if an individual pleads guilty or is convicted of a federal crime and then is pardoned by the president, prosecutors cannot bring charges for violating state laws because of a double-jeopardy rule that stipulates a person cannot be tried for the same crime twice.
Schneiderman wrote to Gov. Andrew Cuomo (D) and leaders of the state legislature and argued that as a result of the current policy, a “strategically-timed pardon†could protect individuals who have violated New York state laws.
more
http://thehill.com/homenews/state-watch/383811-new-york-seeks-authority-to-prosecute-despite-presidential-pardons (http://thehill.com/homenews/state-watch/383811-new-york-seeks-authority-to-prosecute-despite-presidential-pardons)