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Legal Industry April 19, 2018 3 mins read

New York AG Wants to Ensure No One Escapes Justice even with Presidential Pardon

Legal Industry ı By Marivic Cabural Summers

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New York AG Eric Schneiderman

New York Attorney General Eric Schneiderman wants to make sure that no person, who violated the state’s criminal law, will escape justice even with a presidential pardon.

On Wednesday, AG Schneiderman encouraged New York lawmakers to close a loophole in a state’s double jeopardy law.

New York’s existing Double Jeopardy law could prevent prosecutors from pursuing a case against an individual after a presidential pardon.

In his letter to Gov. Andrew Cuomo and leaders of the state legislature, AG Schneiderman said the reports that President Donald Trump “may be considering issuing pardons that may impede criminal investigations" are "disturbing."

According to him, “A strategically-time pardon could prevent individuals who may have violated our State’s laws from standing trial in our courts. He asked state lawmakers to amend the Double Jeopardy law to exclude protections for cases involving a presidential pardon.

AG Schneiderman explained that New York’s broad protections against double jeopardy could “result in the unintended and unjust consequence…Simply put, a defendant pardoned by the President for a serious federal crime could be freed from all accountability under federal and state criminal law, even though the President has no authority under the U.S. Constitution to pardon state crimes.”

State Sen. Kaminsky to introduce bill to close Double Jeopardy loophole

In response, Gov. Cuomo’s spokeswoman Dani Lever said they are reviewing AG Schneiderman’s letter. The governor "believes that the federal legal system should not provide a basis for any wrongdoers to escape justice.”

On the other hand, State Sen. Todd Kaminsky tweeted that he will introduce a legislation to close the Double Jeopardy loophole.

The attorney general’s move came after the Federal Bureau of Investigation (FBI) raided the home, hotel room and office of Michael Cohen, the longtime personal lawyer of Pres. Trump. Cohen is under criminal investigation for possible bank fraud, wire fraud, and campaign violations.

Reports suggested that Pres. Trump could pardon Cohen since he called the FBI raid “a whole new level of unfairness.”  He also condemned it as a “violation of attorney-client privilege.”

Last week, the President pardoned Irve Lewis “Scooter” Libby, who was convicted for lying to the FBI, obstruction of justice, and perjury. Libby served as chief of staff to former Vice President Dick Cheney.

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Marivic Cabural Summers

Marivic has been a freelance writer/journalist for nearly 20 years. She strictly adheres to the ethical standards in journalism. For her, integrity is everything. Readers deserve to know that real story. She previously worked as research analyst and editor at Lombardi Financial and has written for various websites including The Motley Fool, ValueWalk, IcannWiki and was a news writer/radio program producer at Nation Broadcasting Corporation. Marivic holds a BA in Mass Communications.

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