New York Attorney General Eric Schneiderman has asked lawmakers to amend the state’s double jeopardy law so pardoned Trump aides could be held accountable for criminal activity.
“Presidents have used this power sparingly, largely to do justice, rather than subvert it,” Eric Schneiderman writes.
New York’s attorney general has asked officials to change state law so President Donald Trump’s aides can be tried for any criminal acts committed in the state, even if they have been given a presidential pardon.
In a letter sent to New York’s top lawmakers, including Democratic Gov. Andrew Cuomo, Attorney General Eric Schneiderman (D) said that he was troubled by Trump’s frequent discussion of his ability to issue pardons and that he was worried those who had committed crimes in the state would escape prosecution. New York has a double jeopardy law that prevents individuals from being charged with the same crime twice, even if the charges originated at the federal level.
“New York’s statutory protections could result in the unintended and unjust consequence of insulating someone pardoned for serious federal crimes from subsequent prosecution for state crimes,” Schneiderman wrote in the letter, dated April 18. “Even if that person was never tried or convicted in federal court, and never served a single day in federal prison.”
New York currently has 12 exceptions carved out of its double jeopardy law, and Schneiderman has proposed the pardon issue be carved out in a similar fashion. The Constitution protects against multiple prosecutions for the same offense, but only at the federal level.
“Since the Nation’s founding, presidents have used this power sparingly, largely to do justice, rather than subvert it,” Schneiderman writes in his letter. “Yet recent reports indicate that the President may be considering issuing pardons that may impede criminal investigations.”
More: New York Attorney General Pushes To Sidestep Any Trump Pardons
Sounds like a very wise move by the NY AG. What do you think?
