NY State Charges dismissed against Manafort, Double Jeopardy

[SavannahMann]

First the link.

Paul Manafort has New York state fraud prosecution DISMISSED because of 'double jeopardy' | Daily Mail Online

Now, my opinion. I think this is absolutely the right thing to do. Not because it is Manafort, or Trump, but because it is a violation of the intent of the Constitution in my opinion. If you are tried once, in Federal Court, and found Not Guilty, giving the State a Do-Over is wrong. You had your turn at bat, and you screwed it up.

Yeah, I have long thought that. I even think that the cops who beat Rodney King should not have been tried in Federal Court after beating the State Charges. What happens if the Feds lose too? Does a Tribal Nation get to try them? Or the International Criminal Court? Or the township for violating a City Ordinance? It could go on and on an on indefinitely which was definitely not the intent of the Founders.

 

[SavannahMann]

I am honestly surprised. I assumed that people would be lining up to comment. The decision by the State Court Judge means that if Trump is Pardoned upon leaving office, he can’t be charged with a crime in New York. So the dreams of Trump being Frog Marched off in disgrace are pretty much dead. It also takes away the biggest cudgel the Democrats have against Trump. He can Pardon his cronies at will, and they are left with nothing.

 

[Zorro!]

First the link.

Paul Manafort has New York state fraud prosecution DISMISSED because of 'double jeopardy' | Daily Mail Online

Now, my opinion. I think this is absolutely the right thing to do. Not because it is Manafort, or Trump, but because it is a violation of the intent of the Constitution in my opinion. If you are tried once, in Federal Court, and found Not Guilty, giving the State a Do-Over is wrong. You had your turn at bat, and you screwed it up.

Yeah, I have long thought that. I even think that the cops who beat Rodney King should not have been tried in Federal Court after beating the State Charges. What happens if the Feds lose too? Does a Tribal Nation get to try them? Or the International Criminal Court? Or the township for violating a City Ordinance? It could go on and on an on indefinitely which was definitely not the intent of the Founders.

And these Dirty Rotten Bastards were holding him in solitary confinement at Rikers. This was before we all learned that Mueller was bumbling idiot and a dirty cop and that the FBI was completely corrupt.

WIN FOR TRUMP: Judge Tosses Paul Manafort’s Fraud Case In New York.

The DA plans to appeal.

NEW YORK — A New York judge threw out state mortgage fraud charges against Paul Manafort, ruling Wednesday that the criminal case was too similar to one that has already landed President Donald Trump’s former campaign chairman in federal prison.

An overzealous anti-Trumper Manhattan’s district attorney, a bitterly partisan Democrat, wanted to convict him on a state crime "as an insurance policy" against the possibility that Trump would pardon Manafort for federal crimes.

Judge Maxwell Wiley ruled that state law precludes prosecution, citing double jeopardy grounds. Manafort, 70, wasn’t in court for Wiley’s ruling because of a health problem.

Over In A New York Minute:​

In a hearing that lasted just a few minutes, Wiley announced his agreement with Defendant's Double Jeapordy Defense to dumb founded prosecutors and Manafort’s grateful lawyers. He said a detailed explanation is provided in a written decision, a copy of which has yet to be provided to media.

 

[Billiejeens]

I remember all the losers on the left kept saying - Trump can't pardon State crimes -
Trump can't pardon State crimes -Trump can't pardon State crimes-Trump can't pardon State crimes
Trump can't pardon State crimes-Trump can't pardon State crimes-Trump can't pardon State crimes

I and others said - gosh wouldn't this be double jeopardy?
The retards all said -
NO

and went back to -
Trump can't pardon State crimes -Trump can't pardon State crimes-Trump can't pardon State crimes
Trump can't pardon State crimes-Trump can't pardon State crimes-Trump can't pardon State crimes

 

[Zorro!]

I remember all the losers on the left kept saying - Trump can't pardon State crimes -
Trump can't pardon State crimes -Trump can't pardon State crimes-Trump can't pardon State crimes
Trump can't pardon State crimes-Trump can't pardon State crimes-Trump can't pardon State crimes

I and others said - gosh wouldn't this be double jeopardy?
The retards all said -
NO

and went back to -
Trump can't pardon State crimes -Trump can't pardon State crimes-Trump can't pardon State crimes
Trump can't pardon State crimes-Trump can't pardon State crimes-Trump can't pardon State crimes

These clowns knew they were going to lose this, but these crazed, unethical, bitterly partisan, hatefully twisted prosecutors tried to hold Manafort in solitary confinement at Rikers for charges they knew would be tossed once he could finally get before a judge.

Most of the time, double jeopardy is allowed because of dual sovereignty, that is, the violation is viewed from the governments point of view, not the defendants, and a crime against the Feds is viewed as separate from a crime against the State.

Dual sovereignty is unpopular because we recognize — at least when we are not in a highly charged political case — that the same fundamental unfairness is involved whenever a person is prosecuted multiple times for the same offense, no matter who is doing the prosecuting.

Because of this unfairness, some states have taken curative action. New York is one of them. New York follows a doctrine of equitable double jeopardy: A person may not be prosecuted if he already has been prosecuted for crimes based on the same factual transaction — regardless of whether the prior prosecution was by New York State or some other sovereign.

So, federal prosecutors have been known to "time this" that is,hold back and let the state go first. That is because, under dual sovereignty, the federal government still could prosecute after the state trial; but under New York’s law, the state could not prosecute after the federal trial. That is, in the parlance of prosecutors, the feds could jeopardy the state out, but the state could not jeopardy the feds out.

Manafort’s case​

The New York state charges filed Wednesday are based on bank loans that were part of the fraud charges brought by Robert Mueller in the Virginia case. The Manhattan prosecutors deferred their inquiry because once Mueller’s federal case went forward, they were out of luck.

But then corrupt gamesmanship became the order of the day: The state prosecutors brought a case they otherwise never would waste time on — not because the case should be done, but to try to block a pardon.

This raw politicization of prosecutorial power is as frightening as the Thoroughly Corrupt FBI and the snoozing FISA Court, even more so, as they handle a lot more cases that result in criminal prosecution and imprisonment. Solely because of Donald Trump and Paul Manafort, New York Democrats pushed to water down state double jeopardy protection — shamefully, as if civil rights were only for the ruling class’s political friends.

Now if Trump were to pardon Manafort, that would vitiate the federal prosecution. The point of the pardon is to excuse the offense as if it never happened. So, the idea is that if Manafort’s federal prosecution were to be voided, there would be no state double jeopardy bar against a subsequent New York State prosecution.

But what if Trump gave Manafort the essence of what he wants, although not a pardon?

If the opportunity arises, Manafort should consider asking for a commutation, not a pardon. In a commutation, the president can reduce the sentence down to time served and spare the person any further prison time on the offense. Yet, the convictions stand.

As long as the federal convictions remain in place, Manafort would maintain his double-jeopardy protection against a future New York State prosecution based on the same conduct. Manafort, aged 70, cares little at this point about the stigma of felony convictions; he just wants to be out of prison.

No one should be singled out for prosecution because of his political associations.

The New York district attorney did not indict Manafort because he committed mortgage fraud. The DA indicted Manafort because he worked on the Trump campaign and could be pardoned during Trump’s presidency. That’s disgraceful.

NY's political prosecution of Manafort should scare us all

We've had enough of the mean political gamesmanship and the misuse of police and prosecutor powers. It is long past time for the Democrats to accept the results of the 2016 election and join the rest of the nation in grateful harmony for the unexpected prosperity of this holiday season, even while the Santa Clause Rally rings in the Election year!