New York legislature passes bill allowing state to prosecute people pardoned by the President

Discussion in 'Politics, Religion, Social Issues' started by LIVEFRMNYC, May 21, 2019.

  1. LIVEFRMNYC macrumors 604

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    #1
  2. ChrisWB macrumors 6502

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    #2
    Article II, Section 2, Clause 1 of the Constitution. The president only has the power to pardon Federal offenses.

    You may find the Department of Justice's FAQ on pardons helpful.

     
  3. Plutonius, May 21, 2019
    Last edited: May 21, 2019

    Plutonius macrumors 604

    Plutonius

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    #3
    Like everything else, this will be resolved in the courts.

    I can see prosecution on different charges but not double jeopardy.
    --- Post Merged, May 21, 2019 ---
    Like you said, the President can only pardon Federal crimes.

    The problem with this bill is that it would be double jeopardy to prosecute someone on the same charge as the one they were Federally convicted and pardoned on.
     
  4. LIVEFRMNYC thread starter macrumors 604

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    Bingo, and I would be 100% against that.
     
  5. ChrisWB macrumors 6502

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    This is incorrect. Crimes charged on the federal level and crimes charged on the state level are treated as separate legal offenses. Therefore double jeopardy does not apply. This has been true since the writing of the constitution. For more information, you can read up on the Dual Sovereignty Doctrine.
     
  6. pl1984 macrumors 68020

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    Understood but this law states:

    "New York is one signature away from allowing prosecutors to pursue state charges against presidential associates who have received federal pardons."​

    The implication being there was previously no state charge.

    IMO this is a very bad idea and it is something being proposed only because the President is President Trump.
     
  7. ronntaylor macrumors regular

    ronntaylor

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    Often states will forego identical charges if defendants are tried in a Federal Court. I would hope States would keep indictments/charges in place until the conclusion of Fed cases to ensure justice happens. This is one way to prevent Presidential abuse of the pardon system.
     
  8. raqball, May 22, 2019
    Last edited: May 22, 2019

    raqball macrumors 68000

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    I guess that means the 14.3 million pardons Obama gave out to drug dealers and terrorists are open cases again eh? :eek: :p

    Oh wait, he only commuted the murderers, treasonous and terrorists sentences and they didn't work for Obama so all is good in drug dealer and murder pardon land.,..

    But IF you worked for Trump and committed a white color crime the gloves are off!
     
  9. pl1984 macrumors 68020

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    Then there is no need for this law as existing law already exists.

    It's clear this is being done in an attempt to ensure witness cooperation against President Trump by removing the possibility the President would pardon anyone who refuses to cooperate.
     
  10. chagla macrumors 6502a

    chagla

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    14.3 million? That's massive.. care to double check that alternative fact?
     
  11. raqball macrumors 68000

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    I might have been a few off......
     
  12. chagla macrumors 6502a

    chagla

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  13. raqball macrumors 68000

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12 May 21, 2019