Skip to content
Search AI Powered

Latest Stories

New York Wants to Limit Trump’s Pardon Powers and They Have a Plan to Do It

New York Wants to Limit Trump’s Pardon Powers and They Have a Plan to Do It
WASHINGTON, DC - MAY 14: U.S. President Donald Trump walks on the South Lawn of the White House before his departure to Walter Reed Medical Center on May 14, 2018 in Washington, DC. Trump is visiting first lady Melania Trump who is being treated for a kidney condition at the hospital. (Photo by Yuri Gripas-Pool/Getty Images)

The New York Attorney General and state legislators are moving forward with efforts that will allow criminal charges to be brought against individuals who receive presidential pardons.

President Trump’s administration continues to polarize government officials all over the country. On April 18th, New York’s Attorney General asked Governor Andrew Cuomo and state legislators for the power to ignore presidential pardons issued by Trump.

At that time, Attorney General Eric Schneiderman urged the governor and state legislative leaders to eliminate a standing loophole that exists in New York double jeopardy law. As it currently stands, the law shields individuals who have received presidential pardons from state prosecution. However, on May 7th, Schneidermann resigned as Attorney General, in response to four women accusing him of abuse.


In the wake of Robert Mueller's continued investigation of Trump, this law would make it extremely difficult for Trump aides—and other individuals implicated with Trump—to escape criminal prosecution. This change would still allow those individuals the possibility of prosecution, even if the investigation of Russian interference in the 2016 presidential election produced no tangible results.

Although the president has no power to pardon perpetrators of state crimes, the current law means that individuals pardoned for federal crimes can be freed from culpability and “all accountability” under state laws.

Governor Cuomo reviewed Schneiderman’s proposal, while the state legislature introduced a bill that would enact the very change that Schneiderman proposed.

According to Cuomo’s Press Secretary, Cuomo “believes that the federal legal system should not provide a basis for any wrong doers to escape justice.”

“By closing New York’s double jeopardy loophole, lawmakers can ensure that no one accused of breaking New York’s laws will escape accountability merely because of a strategically-timed presidential pardon,” Schneiderman said in a statement. Changing the law would “substantially reduce the threat of lawless White House action.”

“We are disturbed by reports that the president is considering pardons of individuals who may have committed serious federal financial, tax, and other crimes — acts that may also violate New York law. We must ensure that if the president, or any president, issues such pardons, we can use the full force of New York’s laws to bring such individuals to justice,” Schneiderman said.

Schneiderman and Trump have a contentious history. The Attorney General led a three-year investigation against Trump University, which resulted in a $25 million judgment against the school. Trump had repeatedly attacked Schneiderman, calling him a “lightweight and total loser” on one occasion.

[embed]

[/embed]

Legal experts believe that changing this law is of paramount importance. According to Jed Shugerman, a Fordham University law professor, the proposal would provide balance and gravitas. Changing the law would prevent harassment from prosecutors, while still “protects against pardons being used to obstruct justice.” Should this change be adopted, it would align New York with legal precedent already established in other states. Currently, 20 other states only provide the minimum legal protection required against double jeopardy.

Now that Schneidermann has resigned, the future of his actions to counter Trump has been brought into question. Currently, it is likely that the proposed legislation will continue to move forward in the short term. Beyond that is anyone's guess.

Barbara Underwood, New York’s Solicitor General, will immediately replace Schneidermann until the November midterm elections. Underwood is a Democrat and it is unlikely she will halt the actions that Schneidermann has already put into motion against Trump.

While it is unlikely that Underwood will reverse course, the ability of the legislation to quell Trump’s pardon abilities is decidedly less certain. In the past, Trump has promoted his presumed ability to pardon without restriction.

“While all agree the U.S. President has the complete power to pardon,” he tweeted last year. “Why think of that when only crime so far is LEAKS against us.”

Trump even reportedly asked his aides if he could pardon himself.

At this time, the Trump has made no comment on Schneiderman’s actions or the proposed legislation. However, this hasn’t stopped members of Trump’s administration from responding to the scandal.

[embed]

[/embed]

Keywords: Pardon, Trump, Double Jeopardy, Investigation, Politics

Summary: The New York Attorney General and state legislators are moving forward with efforts that will allow criminal changes to be brought against individuals who receive presidential pardons.

More from People/donald-trump

Doug Savant on 'Melrose Place'
FOX

'Melrose Place' Star Reveals Why His Gay Character Wasn't Allowed To Show Affection On Show

With the plethora of LGBTQ+ characters and storylines being normalized on various TV shows and streaming platforms, it might be difficult for younger generations to fathom that it wasn't always like this.

The cast of the popular '90s drama Melrose Place had a poignant discussion on the Still The Placepodcast.

Keep ReadingShow less
Screenshots of Scott Jennings and Abby Phillip
CNN

CNN Host Drops Truth Bomb After Republican Guest Explains Why GOP 'Likes' Kash Patel For FBI Director

After conservative commentator Scott Jennings defended President-elect Donald Trump's choice of Kash Patel for FBI Director, CNN host Abby Phillip dropped a truth bomb, drawing an apt comparison to the GOP's election reform crusade.

Jennings said the following about Patel, whom he suggested would restore trust and "public confidence" in the bureau:

Keep ReadingShow less
Image of Melania, Barron and Donald Trump on election night
Jabin Botsford/The Washington Post via Getty Images

Rare Video Of Barron Trump Talking On Election Night Has People Doing A Double Take

A rare video of President-elect Donald Trump's son Barron Trump speaking has many social media users doing a double take, with many pointing out the similarities between his and his father's speech patterns.

In the clip, Barron greets one of his father's supporters:

Keep ReadingShow less
John Rich; Lindsey Graham; Pete Hegseth
Steve Jennings/Getty Images; Kevin Dietsch/Getty Images; Tom Williams/CQ-Roll Call, Inc via Getty Images

MAGA Country Singer Rages At Lindsey Graham For Waffling On Confirming Pete Hegseth

John Rich, one half of the country duo Big & Rich, furiously took to X to question "RINO" Senator Lindsey Graham's manliness after the South Carolina GOP politician called the allegations against Trump Cabinet pick Pete Hegseth "disturbing."

Hegseth, a Fox News host who is President-elect Donald Trump's nominee for Secretary of Defense, faces scrutiny after CNN reported that he paid a woman who accused him of sexual assault in a settlement agreement that included a confidentiality clause.

Keep ReadingShow less
Flavor Flav
Bryan Steffy - Formula 1/Formula 1 via Getty Images

Flavor Flav's 'Spirit Is Broken' After NBC Kicked Him Out Of Backstage Area At Tree Lighting

Rap icon Flavor Flav was dispirited by the way NBC treated him in a backstage area at the tree lighting ceremony at Rockefeller Center on Wednesday.

The 65-year-old cofounder of the rap group Public Enemy said he was kicked out for no reason.

Keep ReadingShow less