Schneiderman, a Democrat, is actually a long-time antagonist of Trump. Shortly after the presidential election in 2016, he obtained a $25 million settlement for customers of Trump University who claimed to have been swindled by which entity.
Last summer, the idea was reported which Schneiderman was working with prosecutors through special counsel Robert Mueller on their federal investigation of Trump’s former campaign chief, Paul Manafort.
Mueller is actually conducting a broad investigation of Russian interference within the presidential election along with possible collusion with Russians by Trump campaign officials.
Last week, federal prosecutors in completely new York City had FBI agents raid theoffice along with home of Trump’s lawyer Michael Cohen as part of a criminal probe of Cohen.
Presidents can pardon people only for federal crimes. Trump did so last week, pardoning Scooter Libby, former chief of staff for Vice President Dick Cheney, for obstructing justice, perjury along with lying to the FBI.
yet pardons, as a rule, do not prevent people through prosecution or punishment for violating state criminal laws.
However, Schneiderman, in a letter to Cuomo along with legislative leaders, said which “a strategically-timed pardon [through Trump] could prevent individuals who may have violated our State’s laws through standing trial in our courts as well.”
The timing would likely involve issuing a pardon to someone after they pleaded guilty to a federal crime, or after a jury was sworn in for a criminal case going to trial.
completely new York law bars someone through being prosecuted in state court if which person has already been prosecuted elsewhere for the same acts. which is actually known as a protection against so-called double jeopardy.
yet Schneiderman said there is actually a “problem” under Article 40 of the state’s Criminal Procedure Law.
Under which law, he wrote, “jeopardy attaches when a defendant pleads guilty or, if the defendant proceeds to a jury trial, the moment the jury is actually sworn.”
“If any of those steps occur in a federal prosecution, then a subsequent prosecution for state crimes ‘based on the same act or criminal transaction’ cannot proceed, unless an exception applies,” Schneiderman wrote.
Those exceptions occur when an appeals court nullifies a prior criminal proceeding, or when a federal court voids a federal conviction because prosecutors failed to establish an element of the crime which is actually not an element of a completely new York crime, Schneiderman wrote.
“yet there is actually no parallel exception for when the President effectively nullifies a federal criminal prosecution via pardon,” he wrote.
“Simply put, a defendant pardoned by the President for a serious federal crime could be freed through all accountability under federal along with state criminal law, even though the President has no authority under the U.S. Constitution to pardon state crimes,” Schneiderman wrote.
He added which the completely new York state legislature “could not have possibly intended This kind of result.”
Schneiderman asked the legislature to pass an amendment to state law to prevent the scenario through happening.
Sen. Kaminsky, who plans to introduce which amendment, in a statement said, “The Double Jeopardy loophole allows criminal behavior to go unpunished in our state along with needs to be closed.”
“The writers of our state’s strict Double Jeopardy statute did not take into account the President’s pardon power, along with certainly did not contemplate the capricious use of which power to undermine the rule of law,” Kaminsky said.