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New York News April 20, 2018 2 mins read

New York Lawmakers Introduce Bill Allowing AG Schneiderman Bypass Presidential Pardons

New York News ı By Marivic Cabural Summers

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New York AG Eric Schneiderman

New York state lawmakers introduced legislation that would allow Attorney General Eric Schneiderman and other prosecutors file criminal charges against people who received a presidential pardon.

On Wednesday, AG Schneiderman requested state lawmakers to close a loophole in New York’s Double Jeopardy law. He wants to make sure no person who violated the state’s criminal law will escape justice even with a presidential pardon.

The attorney general made the request after reports indicated that President Donald Trump “may be considering issuing pardons that may impede criminal investigations.”

In response to the AG Schneiderman’s request, State Sen. Todd Kaminsky and Assemblyman Joseph Lentol, chairman of the Assembly Codes Committee, proposed the necessary amendment to the state’s Double Jeopardy law.

The loophole in New York’s existing Double Jeopardy law allows a president to exceed his constitutional authority by pardoning a person who committed both state and federal crimes.

In other words, a person facing state criminal charges could escape justice if pardoned by the President.

Loophole in New York Double Jeopardy law is a recipe for trouble

In a statement on Friday, AG Schneiderman expressed full support for the Sen. Kaminsky and Assemblyman Lentol’s legislation. He also noted that in recent years state lawmakers amended the Double Jeopardy law 12 times to close other loopholes.

According to AG Schneiderman, the current loophole in New York’s Double Jeopardy law is a “recipe for trouble.” State lawmakers “can close that loophole—and substantially reduce the threat of lawless White House action.”

Additionally, he emphasized that the “Supreme Court made it clear that presidents cannot pardon for state crimes...”

On the other hand, Assemblyman Lentol said, “The ability to effectively enforce the laws is imperative to a civil society. This bill will ensure that the President does not have free reign to circumvent state law.”

Sen. Kaminsky shared the same position. “No one should be able to get away with breaking New York’s laws because of a presidential pardon.”

AG Schneiderman, Assemblyman Lentol and Sen. Kaminsky are Democrats. It is highly likely that the legislation will pass because the Democratic Party controls the state legislature.

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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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